As Reported by the House Commerce and Labor Committee

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


Senator Jones 



A BILL
To amend sections 9.81, 9.90, 9.901, 102.02, 103.74, 1
109.33, 122.40, 122.64, 122.72, 124.11, 124.134, 2
124.14, 124.15, 124.152, 124.181, 124.322, 3
124.325, 124.34, 124.38, 124.382, 124.388, 124.39, 4
124.81, 124.82, 126.32, 141.01, 141.02, 145.012, 5
145.47, 306.04, 307.054, 339.06, 339.07, 340.04, 6
505.38, 505.49, 505.60, 709.012, 742.31, 742.63, 7
749.082, 749.083, 917.03, 927.69, 991.02, 1349.71, 8
1509.35, 1513.182, 1513.29, 1545.071, 1551.35, 9
1707.36, 1707.46, 3301.03, 3304.12, 3306.01, 10
3307.27, 3307.77, 3309.47, 3311.19, 3313.12, 11
3313.202, 3313.23, 3313.24, 3313.33, 3313.42, 12
3314.10, 3316.07, 3317.01, 3317.018, 3317.11, 13
3317.13, 3319.01, 3319.011, 3319.02, 3319.06, 14
3319.08, 3319.084, 3319.085, 3319.088, 3319.09, 15
3319.10, 3319.11, 3319.111, 3319.13, 3319.14, 16
3319.141, 3319.17, 3319.172, 3319.18, 3319.61, 17
3319.63, 3326.18, 3332.03, 3701.33, 3737.81, 18
3737.90, 3770.02, 3772.06, 3773.33, 3781.07, 19
4112.03, 4117.01, 4117.02, 4117.03, 4117.05, 20
4117.06, 4117.07, 4117.08, 4117.09, 4117.10, 21
4117.11, 4117.12, 4117.13, 4117.14, 4117.15, 22
4117.18, 4117.20, 4117.21, 4123.352, 4301.07, 23
4517.30, 4701.03, 4701.05, 4703.03, 4703.31, 24
4709.04, 4715.06, 4717.02, 4723.02, 4725.06, 25
4725.46, 4729.03, 4730.05, 4731.03, 4732.05, 26
4733.05, 4734.03, 4738.09, 4741.02, 4747.03, 27
4753.04, 4755.01, 4757.05, 4758.12, 4759.03, 28
4761.02, 4763.02, 4775.05, 4905.10, 4906.02, 29
4911.07, 5107.26, 5119.09, 5123.51, 5126.24, 30
5139.02, 5503.03, 5505.15, and 5703.09, to enact 31
new section 3319.112 and sections 124.94, 4113.80, 32
4117.081, 4117.104, 4117.105, 4117.106, 4117.107, 33
4117.108, 4117.109, 4117.141, 4117.26, and 34
4117.27, and to repeal sections 3317.12, 3317.14, 35
3319.112, 3319.131, 3319.142, 3319.143, 4117.16, 36
4117.22, and 4117.23 of the Revised Code to make 37
various changes to laws concerning public 38
employees, including collective bargaining, salary 39
schedules and compensation, layoff procedures, and 40
leave.41


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

       Section 1.  That sections 9.81, 9.90, 9.901, 102.02, 103.74, 42
109.33, 122.40, 122.64, 122.72, 124.11, 124.134, 124.14, 124.15, 43
124.152, 124.181, 124.322, 124.325, 124.34, 124.38, 124.382, 44
124.388, 124.39, 124.81, 124.82, 126.32, 141.01, 141.02, 145.012, 45
145.47, 306.04, 307.054, 339.06, 339.07, 340.04, 505.38, 505.49, 46
505.60, 709.012, 742.31, 742.63, 749.082, 749.083, 917.03, 927.69, 47
991.02, 1349.71, 1509.35, 1513.182, 1513.29, 1545.071, 1551.35, 48
1707.36, 1707.46, 3301.03, 3304.12, 3306.01, 3307.27, 3307.77, 49
3309.47, 3311.19, 3313.12, 3313.202, 3313.23, 3313.24, 3313.33, 50
3313.42, 3314.10, 3316.07, 3317.01, 3317.018, 3317.11, 3317.13, 51
3319.01, 3319.011, 3319.02, 3319.06, 3319.08, 3319.084, 3319.085, 52
3319.088, 3319.09, 3319.10, 3319.11, 3319.111, 3319.13, 3319.14, 53
3319.141, 3319.17, 3319.172, 3319.18, 3319.61, 3319.63, 3326.18, 54
3332.03, 3701.33, 3737.81, 3737.90, 3770.02, 3772.06, 3773.33, 55
3781.07, 4112.03, 4117.01, 4117.02, 4117.03, 4117.05, 4117.06, 56
4117.07, 4117.08, 4117.09, 4117.10, 4117.11, 4117.12, 4117.13, 57
4117.14, 4117.15, 4117.18, 4117.20, 4117.21, 4123.352, 4301.07, 58
4517.30, 4701.03, 4701.05, 4703.03, 4703.31, 4709.04, 4715.06, 59
4717.02, 4723.02, 4725.06, 4725.46, 4729.03, 4730.05, 4731.03, 60
4732.05, 4733.05, 4734.03, 4738.09, 4741.02, 4747.03, 4753.04, 61
4755.01, 4757.05, 4758.12, 4759.03, 4761.02, 4763.02, 4775.05, 62
4905.10, 4906.02, 4911.07, 5107.26, 5119.09, 5123.51, 5126.24, 63
5139.02, 5503.03, 5505.15, and 5703.09 be amended and new section 64
3319.112 and sections 124.94, 4113.80, 4117.081, 4117.104, 65
4117.105, 4117.106, 4117.107, 4117.108, 4117.109, 4117.141, 66
4117.26, and 4117.27 of the Revised Code be enacted to read as 67
follows:68

       Sec. 9.81.  After an authorization adopted under section 9.80 69
of the Revised Code, any public officer or employee of any 70
department or division of the state, any political subdivision or 71
school district thereof, or of any institution supported in whole 72
or in part by the state, a county, or municipal corporation, who 73
desires to make a contribution by the payroll deduction plan to 74
one or more of the specified charitable agencies which are 75
corporations not for profit, community chests, united funds, or 76
other similar united community fund organizations, may be 77
permitted to have such contribution payments deducted from the 78
salary or wages due such public officer or employee by filing a 79
written request and authorization signed by such public officer or 80
employee and specifying the amount of the deduction in each 81
payroll period with the fiscal officer of the state, political 82
subdivision, or school district, or institution by which such 83
public officer or employee is employed. Such authorization may be 84
withdrawn in writing by such public officer or employee at any 85
time. No funds may be withheld from the salary or wages of any 86
such public officer or employee for the purposes permitted by 87
sections 9.80 and 9.81 of the Revised Code unless the withholding 88
is specifically, freely, and voluntarily authorized by that public 89
officer or employee in writing.90

       Upon receipt of evidence of such request by the appropriate 91
fiscal officer, or upon receipt of a written deduction 92
authorization under division (B)(2) or (C) of section 4117.09 of 93
the Revised Code, such fiscal officer shall make such deduction 94
and shall, at periodic intervals to the extent of the amount 95
collected, pay the designated charitable agencies which are 96
corporations not for profit, community chests, united funds, or 97
other similar united community fund organizations, or the 98
exclusive representative designated under section 4117.05 of the 99
Revised Code.100

       Sec. 9.90.  (A) The governing board of any public institution 101
of higher education, including without limitation state 102
universities and colleges, community college districts, university 103
branch districts, technical college districts, and municipal 104
universities, may, in addition to all other powers provided in the 105
Revised Code:106

       (1) Contract for, purchase, or otherwise procure from an 107
insurer or insurers licensed to do business by the state of Ohio 108
for or on behalf of such of its employees as it may determine, 109
life insurance, or sickness, accident, annuity, endowment, health, 110
medical, hospital, dental, or surgical coverage and benefits, or 111
any combination thereof, by means of insurance plans or other 112
types of coverage, family, group or otherwise, and may pay from 113
funds under its control and available for such purpose all or any 114
portion of the cost, premium, or charge for such insurance, 115
coverage, or benefits. However, the governing board, in addition 116
to or as an alternative to the authority otherwise granted by 117
division (A)(1) of this section, may elect to procure coverage for 118
health care services, for or on behalf of such of its employees as 119
it may determine, by means of policies, contracts, certificates, 120
or agreements issued by at least two health insuring corporations 121
holding a certificate of authority under Chapter 1751. of the 122
Revised Code and may pay from funds under the governing board's 123
control and available for such purpose all or any portion of the 124
cost of such coverage.125

       (2) Make payments to a custodial account for investment in 126
regulated investment company stock for the purpose of providing 127
retirement benefits as described in section 403(b)(7) of the 128
Internal Revenue Code of 1954, as amended. Such stock shall be 129
purchased only from persons authorized to sell such stock in this 130
state.131

       Any income of an employee deferred under divisions (A)(1) and 132
(2) of this section in a deferred compensation program eligible 133
for favorable tax treatment under the Internal Revenue Code of 134
1954, as amended, shall continue to be included as regular 135
compensation for the purpose of computing the contributions to and 136
benefits from the retirement system of such employee. Any sum so 137
deferred shall not be included in the computation of any federal 138
and state income taxes withheld on behalf of any such employee.139

       (B) All or any portion of the cost, premium, or charge 140
therefor may be paid in such other manner or combination of 141
manners as the governing board may determine, including direct 142
payment by the employee in cases under division (A)(1) of this 143
section, and, if authorized in writing by the employee in cases 144
under division (A)(1) or (2) of this section, by such governing 145
board with moneys made available by deduction from or reduction in 146
salary or wages or by the foregoing of a salary or wage increase. 147
Nothing in section 3917.01 or section 3917.06 of the Revised Code 148
shall prohibit the issuance or purchase of group life insurance 149
authorized by this section by reason of payment of premiums 150
therefor by the governing board from its funds, and such group 151
life insurance may be so issued and purchased if otherwise 152
consistent with the provisions of sections 3917.01 to 3917.07 of 153
the Revised Code.154

       (C) The board of education of any school district may 155
exercise any of the powers granted to the governing boards of 156
public institutions of higher education under divisions (A) and 157
(B) of this section, except in relation to the provision of health 158
care benefits to employees. All health care benefits provided to 159
persons employed by the public schools of this state shall be 160
health care plans that contain best practices established by the 161
school employees health care board pursuant to section 9.901 of 162
the Revised Code. Nothing in this division shall be construed to 163
allow a board of education to bargain collectively regarding the 164
provision of health care benefits as that term is defined in 165
section 124.81 of the Revised Code.166

       Sec. 9.901.  (A)(1) All health care benefits provided to 167
persons employed by the public school districts of this state 168
shall be provided by health care plans that contain best practices 169
established pursuant to this section by the school employees 170
health care board. Twelve months after the release of best 171
practices by the board all policies or contracts for health care 172
benefits provided to public school district employees that are 173
issued or renewed after the expiration of any applicable 174
collective bargaining agreement must contain best practices 175
established pursuant to this section by the board. Any or all of 176
the health care plans that contain best practices specified by the 177
board may be self-insured. As used in this section, a "public 178
school district" means a city, local, exempted village, or joint 179
vocational school district, and includes the educational service 180
centers associated with those districts but not charter schools.181

       (2) The board shall determine what strategies are used by the 182
existing medical plans to manage health care costs and shall study 183
the potential benefits of state or regional consortiums of public 184
schools offering multiple health care plans. As used in this 185
section:186

       (a) A "health care plan" includes group policies, contracts, 187
and agreements that provide hospital, surgical, or medical expense 188
coverage, including self-insured plans. A "health care plan" does 189
not include an individual plan offered to the employees of a 190
public school district, or a plan that provides coverage only for 191
specific disease or accidents, or a hospital indemnity, medicare 192
supplement, or other plan that provides only supplemental 193
benefits, paid for by the employees of a public school district.194

       (b) A "health plan sponsor" means a public school district, a 195
consortium of public school districts, or a council of 196
governments.197

       (B) The school employees health care board is hereby created. 198
The school employees health care board shall consist of the 199
following twelve members and shall include individuals with 200
experience with public school district benefit programs, health 201
care industry providers, and health care plan beneficiaries:202

       (1) Four members appointed by the governor, one of whom shall 203
be representative of nonadministrative public school district 204
employees;205

       (2) Four members appointed by the president of the senate, 206
one of whom shall be representative of nonadministrative public 207
school district employees;208

       (3) Four members appointed by the speaker of the house of 209
representatives, one of whom shall be representative of 210
nonadministrative public school district employees.211

       A member of the school employees health care board shall not 212
be employed by, represent, or in any way be affiliated with a 213
private entity that is providing services to the board, an 214
individual school district, employers, or employees in the state 215
of Ohio. 216

       (C)(1) Members of the school employees health care board 217
shall serve four-year terms, but may be reappointed, except as 218
otherwise specified in division (B) of this section.219

        A member shall continue to serve subsequent to the expiration 220
of the member's term until a successor is appointed. Any vacancy 221
occurring during a member's term shall be filled in the same 222
manner as the original appointment, except that the person 223
appointed to fill the vacancy shall be appointed to the remainder 224
of the unexpired term.225

       (2) Members shall receive compensation fixed pursuant to 226
division (J)(A) of section 124.15 of the Revised Code and shall be 227
reimbursed from the school employees health care fund for actual 228
and necessary expenses incurred in the performance of their 229
official duties as members of the board.230

       (3) Members may be removed by their appointing authority for 231
misfeasance, malfeasance, incompetence, dereliction of duty, or 232
other just cause.233

       (D)(1) At the first meeting of the board after the first day 234
of January of each calendar year, the board shall elect a 235
chairperson and may elect members to other positions on the board 236
as the board considers necessary or appropriate. The board shall 237
meet at least nine times each calendar year and shall also meet at 238
the call of the chairperson or four or more board members. The 239
chairperson shall provide reasonable advance notice of the time 240
and place of board meetings to all members.241

       (2) A majority of the board constitutes a quorum for the 242
transaction of business at a board meeting. A majority vote of the 243
members present is necessary for official action.244

       (E) The school employees health care board shall conduct its 245
business at open meetings; however, the records of the board are 246
not public records for purposes of section 149.43 of the Revised 247
Code.248

       (F) The school employees health care fund is hereby created 249
in the state treasury. The board shall use all funds in the school 250
employees health care fund solely to carry out the provisions of 251
this section and related administrative costs. 252

       (G) The school employees health care board shall do all of 253
the following:254

       (1) Include disease management and consumer education 255
programs, which programs shall include, but are not limited to, 256
wellness programs and other measures designed to encourage the 257
wise use of medical plan coverage. These programs are not services 258
or treatments for purposes of section 3901.71 of the Revised Code. 259

       (2) Adopt and release a set of standards that shall be 260
considered the best practices to which public school districts 261
shall adhere in the selection and implementation of health care 262
plans.263

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

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

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

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

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

       (7)(8) Prepare and disseminate to the public an annual report 278
on the status of health plan sponsors' effectiveness in making 279
progress to reduce the rate of increase in insurance premiums and 280
employee out of pocket expenses, as well as progress in improving 281
the health status of school district employees and their families.282

       (H) The sections in Chapter 3923. of the Revised Code 283
regulating public employee benefit plans are not applicable to the 284
health care plans designed pursuant to this section.285

       (I) The board may contract with one or more independent 286
consultants to analyze costs related to employee health care 287
benefits provided by existing public school district plans in this 288
state. The consultants may evaluate the benefits offered by 289
existing health care plans, the employees' costs, and the 290
cost-sharing arrangements used by public school districts either 291
participating in a consortium or by other means. The consultants 292
may evaluate what strategies are used by the existing health care 293
plans to manage health care costs and the potential benefits of 294
state or regional consortiums of public schools offering multiple 295
health care plans. Based on the findings of the analysis, the 296
consultants may submit written recommendations to the board for 297
the development and implementation of successful best practices 298
and programs for improving school districts' purchasing power for 299
the acquisition of employee health care plans.300

       (J) The public schools health care advisory committee is 301
hereby created under the school employees health care board. The 302
committee shall make recommendations to the school employees 303
health care board related to the board's accomplishment of the 304
duties assigned to the board under this section. The committee 305
shall consist of eighteen members. The governor shall appoint two 306
representatives each from the Ohio education association, the Ohio 307
school boards association, and a health insuring corporation 308
licensed to do business in Ohio and recommended by the Ohio 309
association of Health Planshealth plans. The speaker shall 310
appoint two representatives each from the Ohio association of 311
school business officials, the Ohio federation of teachers, and 312
the buckeye association of school administrators. The president of 313
the senate shall appoint two representatives each from the Ohio 314
association of health underwriters, an existing health care 315
consortium serving public schools, and the Ohio association of 316
public school employees. The initial appointees shall serve until 317
December 31, 2007; subsequent two-year appointments, to commence 318
on the first day of January of each year thereafter, and shall be 319
made in the same manner. A member shall continue to serve 320
subsequent to the expiration of the member's term until the 321
member's successor is appointed. Any vacancy occurring during a 322
member's term shall be filled in the same manner as the original 323
appointment, except that the person appointed to fill the vacancy 324
shall be appointed to the remainder of the unexpired term. The 325
advisory committee shall elect a chairperson at its first meeting 326
after the first day of January each year who shall call the time 327
and place of future committee meetings in addition to the meetings 328
that are to be held jointly with the school employees health care 329
board. Committee members are not subject to the conditions for 330
eligibility set by division (B) of this section for members of the 331
school employees health care board.332

       (K) The board may adopt rules for the enforcement of health 333
plan sponsors' compliance with the best practices standards 334
adopted by the board pursuant to this section.335

       (L) Any districts providing health care plan coverage for the 336
employees of public school districts shall provide nonidentifiable 337
aggregate claims data for the coverage to the school employees 338
health care board, without charge, within sixty days after 339
receiving a written request from the board. The claims data shall 340
include data relating to employee group benefit sets, 341
demographics, and claims experience.342

       (M)(1) The school employees health care board may contract 343
with other state agencies for services as the board deems 344
necessary for the implementation and operation of this section, 345
based on demonstrated experience and expertise in administration, 346
management, data handling, actuarial studies, quality assurance, 347
or for other needed services. The school employees health care 348
board may contract with the department of administrative services 349
for central services until such time the board deems itself able 350
to obtain such services from its own staff or from other sources. 351
The board shall reimburse the department of administrative 352
services for the reasonable cost of those services.353

       (2) The board shall hire staff as necessary to provide 354
administrative support to the board and the public school employee 355
health care plan program established by this section.356

       (N) Not more than ninety days before coverage begins for 357
public school district employees under health care plans 358
containing best practices prescribed by the school employees 359
health care board, a public school district's board of education 360
shall provide detailed information about the health care plans to 361
the employees.362

       (O) Nothing in this section shall be construed as prohibiting 363
public school districts from consulting with and compensating 364
insurance agents and brokers for professional services.365

       (P)(1) Pursuant to Chapter 117. of the Revised Code, the 366
auditor of state shall conduct all necessary and required audits 367
of the board. The auditor of state, upon request, also shall 368
furnish to the board copies of audits of public school districts 369
or consortia performed by the auditor of state.370

       Sec. 102.02.  (A) Except as otherwise provided in division 371
(H) of this section, all of the following shall file with the 372
appropriate ethics commission the disclosure statement described 373
in this division on a form prescribed by the appropriate 374
commission: every person who is elected to or is a candidate for a 375
state, county, or city office and every person who is appointed to 376
fill a vacancy for an unexpired term in such an elective office; 377
all members of the state board of education; the director, 378
assistant directors, deputy directors, division chiefs, or persons 379
of equivalent rank of any administrative department of the state; 380
the president or other chief administrative officer of every state 381
institution of higher education as defined in section 3345.011 of 382
the Revised Code; the executive director and the members of the 383
capitol square review and advisory board appointed or employed 384
pursuant to section 105.41 of the Revised Code; all members of the 385
Ohio casino control commission, the executive director of the 386
commission, all professional employees of the commission, and all 387
technical employees of the commission who perform an internal 388
audit function; the individuals set forth in division (B)(2) of 389
section 187.03 of the Revised Code; the chief executive officer 390
and the members of the board of each state retirement system; each 391
employee of a state retirement board who is a state retirement 392
system investment officer licensed pursuant to section 1707.163 of 393
the Revised Code; the members of the Ohio retirement study council 394
appointed pursuant to division (C) of section 171.01 of the 395
Revised Code; employees of the Ohio retirement study council, 396
other than employees who perform purely administrative or clerical 397
functions; the administrator of workers' compensation and each 398
member of the bureau of workers' compensation board of directors; 399
the bureau of workers' compensation director of investments; the 400
chief investment officer of the bureau of workers' compensation; 401
the director appointed by the workers' compensation council; all 402
members of the board of commissioners on grievances and discipline 403
of the supreme court and the ethics commission created under 404
section 102.05 of the Revised Code; every business manager, 405
treasurer, or superintendent of a city, local, exempted village, 406
joint vocational, or cooperative education school district or an 407
educational service center; every person who is elected to or is a 408
candidate for the office of member of a board of education of a 409
city, local, exempted village, joint vocational, or cooperative 410
education school district or of a governing board of an 411
educational service center that has a total student count of 412
twelve thousand or more as most recently determined by the 413
department of education pursuant to section 3317.03 of the Revised 414
Code; every person who is appointed to the board of education of a 415
municipal school district pursuant to division (B) or (F) of 416
section 3311.71 of the Revised Code; all members of the board of 417
directors of a sanitary district that is established under Chapter 418
6115. of the Revised Code and organized wholly for the purpose of 419
providing a water supply for domestic, municipal, and public use, 420
and that includes two municipal corporations in two counties; 421
every public official or employee who is paid a salary or wage in 422
accordance with schedule C of section 124.15 or schedule E-2 of423
section 124.152 of the Revised Code; members of the board of 424
trustees and the executive director of the southern Ohio 425
agricultural and community development foundation; all members 426
appointed to the Ohio livestock care standards board under section 427
904.02 of the Revised Code; and every other public official or 428
employee who is designated by the appropriate ethics commission 429
pursuant to division (B) of this section.430

       The disclosure statement shall include all of the following:431

       (1) The name of the person filing the statement and each 432
member of the person's immediate family and all names under which 433
the person or members of the person's immediate family do 434
business;435

       (2)(a) Subject to divisions (A)(2)(b) and (c) of this section 436
and except as otherwise provided in section 102.022 of the Revised 437
Code, identification of every source of income, other than income 438
from a legislative agent identified in division (A)(2)(b) of this 439
section, received during the preceding calendar year, in the 440
person's own name or by any other person for the person's use or 441
benefit, by the person filing the statement, and a brief 442
description of the nature of the services for which the income was 443
received. If the person filing the statement is a member of the 444
general assembly, the statement shall identify the amount of every 445
source of income received in accordance with the following ranges 446
of amounts: zero or more, but less than one thousand dollars; one 447
thousand dollars or more, but less than ten thousand dollars; ten 448
thousand dollars or more, but less than twenty-five thousand 449
dollars; twenty-five thousand dollars or more, but less than fifty 450
thousand dollars; fifty thousand dollars or more, but less than 451
one hundred thousand dollars; and one hundred thousand dollars or 452
more. Division (A)(2)(a) of this section shall not be construed to 453
require a person filing the statement who derives income from a 454
business or profession to disclose the individual items of income 455
that constitute the gross income of that business or profession, 456
except for those individual items of income that are attributable 457
to the person's or, if the income is shared with the person, the 458
partner's, solicitation of services or goods or performance, 459
arrangement, or facilitation of services or provision of goods on 460
behalf of the business or profession of clients, including 461
corporate clients, who are legislative agents. A person who files 462
the statement under this section shall disclose the identity of 463
and the amount of income received from a person who the public 464
official or employee knows or has reason to know is doing or 465
seeking to do business of any kind with the public official's or 466
employee's agency.467

       (b) If the person filing the statement is a member of the 468
general assembly, the statement shall identify every source of 469
income and the amount of that income that was received from a 470
legislative agent during the preceding calendar year, in the 471
person's own name or by any other person for the person's use or 472
benefit, by the person filing the statement, and a brief 473
description of the nature of the services for which the income was 474
received. Division (A)(2)(b) of this section requires the 475
disclosure of clients of attorneys or persons licensed under 476
section 4732.12 of the Revised Code, or patients of persons 477
certified under section 4731.14 of the Revised Code, if those 478
clients or patients are legislative agents. Division (A)(2)(b) of 479
this section requires a person filing the statement who derives 480
income from a business or profession to disclose those individual 481
items of income that constitute the gross income of that business 482
or profession that are received from legislative agents.483

       (c) Except as otherwise provided in division (A)(2)(c) of 484
this section, division (A)(2)(a) of this section applies to 485
attorneys, physicians, and other persons who engage in the 486
practice of a profession and who, pursuant to a section of the 487
Revised Code, the common law of this state, a code of ethics 488
applicable to the profession, or otherwise, generally are required 489
not to reveal, disclose, or use confidences of clients, patients, 490
or other recipients of professional services except under 491
specified circumstances or generally are required to maintain 492
those types of confidences as privileged communications except 493
under specified circumstances. Division (A)(2)(a) of this section 494
does not require an attorney, physician, or other professional 495
subject to a confidentiality requirement as described in division 496
(A)(2)(c) of this section to disclose the name, other identity, or 497
address of a client, patient, or other recipient of professional 498
services if the disclosure would threaten the client, patient, or 499
other recipient of professional services, would reveal details of 500
the subject matter for which legal, medical, or professional 501
advice or other services were sought, or would reveal an otherwise 502
privileged communication involving the client, patient, or other 503
recipient of professional services. Division (A)(2)(a) of this 504
section does not require an attorney, physician, or other 505
professional subject to a confidentiality requirement as described 506
in division (A)(2)(c) of this section to disclose in the brief 507
description of the nature of services required by division 508
(A)(2)(a) of this section any information pertaining to specific 509
professional services rendered for a client, patient, or other 510
recipient of professional services that would reveal details of 511
the subject matter for which legal, medical, or professional 512
advice was sought or would reveal an otherwise privileged 513
communication involving the client, patient, or other recipient of 514
professional services.515

       (3) The name of every corporation on file with the secretary 516
of state that is incorporated in this state or holds a certificate 517
of compliance authorizing it to do business in this state, trust, 518
business trust, partnership, or association that transacts 519
business in this state in which the person filing the statement or 520
any other person for the person's use and benefit had during the 521
preceding calendar year an investment of over one thousand dollars 522
at fair market value as of the thirty-first day of December of the 523
preceding calendar year, or the date of disposition, whichever is 524
earlier, or in which the person holds any office or has a 525
fiduciary relationship, and a description of the nature of the 526
investment, office, or relationship. Division (A)(3) of this 527
section does not require disclosure of the name of any bank, 528
savings and loan association, credit union, or building and loan 529
association with which the person filing the statement has a 530
deposit or a withdrawable share account.531

       (4) All fee simple and leasehold interests to which the 532
person filing the statement holds legal title to or a beneficial 533
interest in real property located within the state, excluding the 534
person's residence and property used primarily for personal 535
recreation;536

       (5) The names of all persons residing or transacting business 537
in the state to whom the person filing the statement owes, in the 538
person's own name or in the name of any other person, more than 539
one thousand dollars. Division (A)(5) of this section shall not be 540
construed to require the disclosure of debts owed by the person 541
resulting from the ordinary conduct of a business or profession or 542
debts on the person's residence or real property used primarily 543
for personal recreation, except that the superintendent of 544
financial institutions shall disclose the names of all 545
state-chartered savings and loan associations and of all service 546
corporations subject to regulation under division (E)(2) of 547
section 1151.34 of the Revised Code to whom the superintendent in 548
the superintendent's own name or in the name of any other person 549
owes any money, and that the superintendent and any deputy 550
superintendent of banks shall disclose the names of all 551
state-chartered banks and all bank subsidiary corporations subject 552
to regulation under section 1109.44 of the Revised Code to whom 553
the superintendent or deputy superintendent owes any money.554

       (6) The names of all persons residing or transacting business 555
in the state, other than a depository excluded under division 556
(A)(3) of this section, who owe more than one thousand dollars to 557
the person filing the statement, either in the person's own name 558
or to any person for the person's use or benefit. Division (A)(6) 559
of this section shall not be construed to require the disclosure 560
of clients of attorneys or persons licensed under section 4732.12 561
or 4732.15 of the Revised Code, or patients of persons certified 562
under section 4731.14 of the Revised Code, nor the disclosure of 563
debts owed to the person resulting from the ordinary conduct of a 564
business or profession.565

       (7) Except as otherwise provided in section 102.022 of the 566
Revised Code, the source of each gift of over seventy-five 567
dollars, or of each gift of over twenty-five dollars received by a 568
member of the general assembly from a legislative agent, received 569
by the person in the person's own name or by any other person for 570
the person's use or benefit during the preceding calendar year, 571
except gifts received by will or by virtue of section 2105.06 of 572
the Revised Code, or received from spouses, parents, grandparents, 573
children, grandchildren, siblings, nephews, nieces, uncles, aunts, 574
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, 575
fathers-in-law, mothers-in-law, or any person to whom the person 576
filing the statement stands in loco parentis, or received by way 577
of distribution from any inter vivos or testamentary trust 578
established by a spouse or by an ancestor;579

       (8) Except as otherwise provided in section 102.022 of the 580
Revised Code, identification of the source and amount of every 581
payment of expenses incurred for travel to destinations inside or 582
outside this state that is received by the person in the person's 583
own name or by any other person for the person's use or benefit 584
and that is incurred in connection with the person's official 585
duties, except for expenses for travel to meetings or conventions 586
of a national or state organization to which any state agency, 587
including, but not limited to, any legislative agency or state 588
institution of higher education as defined in section 3345.011 of 589
the Revised Code, pays membership dues, or any political 590
subdivision or any office or agency of a political subdivision 591
pays membership dues;592

       (9) Except as otherwise provided in section 102.022 of the 593
Revised Code, identification of the source of payment of expenses 594
for meals and other food and beverages, other than for meals and 595
other food and beverages provided at a meeting at which the person 596
participated in a panel, seminar, or speaking engagement or at a 597
meeting or convention of a national or state organization to which 598
any state agency, including, but not limited to, any legislative 599
agency or state institution of higher education as defined in 600
section 3345.011 of the Revised Code, pays membership dues, or any 601
political subdivision or any office or agency of a political 602
subdivision pays membership dues, that are incurred in connection 603
with the person's official duties and that exceed one hundred 604
dollars aggregated per calendar year;605

       (10) If the disclosure statement is filed by a public 606
official or employee described in division (B)(2) of section 607
101.73 of the Revised Code or division (B)(2) of section 121.63 of 608
the Revised Code who receives a statement from a legislative 609
agent, executive agency lobbyist, or employer that contains the 610
information described in division (F)(2) of section 101.73 of the 611
Revised Code or division (G)(2) of section 121.63 of the Revised 612
Code, all of the nondisputed information contained in the 613
statement delivered to that public official or employee by the 614
legislative agent, executive agency lobbyist, or employer under 615
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of 616
the Revised Code.617

       A person may file a statement required by this section in 618
person or by mail. A person who is a candidate for elective office 619
shall file the statement no later than the thirtieth day before 620
the primary, special, or general election at which the candidacy 621
is to be voted on, whichever election occurs soonest, except that 622
a person who is a write-in candidate shall file the statement no 623
later than the twentieth day before the earliest election at which 624
the person's candidacy is to be voted on. A person who holds 625
elective office shall file the statement on or before the 626
fifteenth day of April of each year unless the person is a 627
candidate for office. A person who is appointed to fill a vacancy 628
for an unexpired term in an elective office shall file the 629
statement within fifteen days after the person qualifies for 630
office. Other persons shall file an annual statement on or before 631
the fifteenth day of April or, if appointed or employed after that 632
date, within ninety days after appointment or employment. No 633
person shall be required to file with the appropriate ethics 634
commission more than one statement or pay more than one filing fee 635
for any one calendar year.636

       The appropriate ethics commission, for good cause, may extend 637
for a reasonable time the deadline for filing a statement under 638
this section.639

       A statement filed under this section is subject to public 640
inspection at locations designated by the appropriate ethics 641
commission except as otherwise provided in this section.642

       (B) The Ohio ethics commission, the joint legislative ethics 643
committee, and the board of commissioners on grievances and 644
discipline of the supreme court, using the rule-making procedures 645
of Chapter 119. of the Revised Code, may require any class of 646
public officials or employees under its jurisdiction and not 647
specifically excluded by this section whose positions involve a 648
substantial and material exercise of administrative discretion in 649
the formulation of public policy, expenditure of public funds, 650
enforcement of laws and rules of the state or a county or city, or 651
the execution of other public trusts, to file an annual statement 652
on or before the fifteenth day of April under division (A) of this 653
section. The appropriate ethics commission shall send the public 654
officials or employees written notice of the requirement by the 655
fifteenth day of February of each year the filing is required 656
unless the public official or employee is appointed after that 657
date, in which case the notice shall be sent within thirty days 658
after appointment, and the filing shall be made not later than 659
ninety days after appointment.660

       Except for disclosure statements filed by members of the 661
board of trustees and the executive director of the southern Ohio 662
agricultural and community development foundation, disclosure 663
statements filed under this division with the Ohio ethics 664
commission by members of boards, commissions, or bureaus of the 665
state for which no compensation is received other than reasonable 666
and necessary expenses shall be kept confidential. Disclosure 667
statements filed with the Ohio ethics commission under division 668
(A) of this section by business managers, treasurers, and 669
superintendents of city, local, exempted village, joint 670
vocational, or cooperative education school districts or 671
educational service centers shall be kept confidential, except 672
that any person conducting an audit of any such school district or 673
educational service center pursuant to section 115.56 or Chapter 674
117. of the Revised Code may examine the disclosure statement of 675
any business manager, treasurer, or superintendent of that school 676
district or educational service center. Disclosure statements 677
filed with the Ohio ethics commission under division (A) of this 678
section by the individuals set forth in division (B)(2) of section 679
187.03 of the Revised Code shall be kept confidential. The Ohio 680
ethics commission shall examine each disclosure statement required 681
to be kept confidential to determine whether a potential conflict 682
of interest exists for the person who filed the disclosure 683
statement. A potential conflict of interest exists if the private 684
interests of the person, as indicated by the person's disclosure 685
statement, might interfere with the public interests the person is 686
required to serve in the exercise of the person's authority and 687
duties in the person's office or position of employment. If the 688
commission determines that a potential conflict of interest 689
exists, it shall notify the person who filed the disclosure 690
statement and shall make the portions of the disclosure statement 691
that indicate a potential conflict of interest subject to public 692
inspection in the same manner as is provided for other disclosure 693
statements. Any portion of the disclosure statement that the 694
commission determines does not indicate a potential conflict of 695
interest shall be kept confidential by the commission and shall 696
not be made subject to public inspection, except as is necessary 697
for the enforcement of Chapters 102. and 2921. of the Revised Code 698
and except as otherwise provided in this division.699

       (C) No person shall knowingly fail to file, on or before the 700
applicable filing deadline established under this section, a 701
statement that is required by this section.702

       (D) No person shall knowingly file a false statement that is 703
required to be filed under this section.704

       (E)(1) Except as provided in divisions (E)(2) and (3) of this 705
section, the statement required by division (A) or (B) of this 706
section shall be accompanied by a filing fee of forty dollars.707

       (2) The statement required by division (A) of this section 708
shall be accompanied by the following filing fee to be paid by the 709
person who is elected or appointed to, or is a candidate for, any 710
of the following offices:711

For state office, except member of the 712
state board of education $65 713
For office of member of general assembly $40 714
For county office $40 715
For city office $25 716
For office of member of the state board 717
of education $25 718
For office of member of the Ohio 719
livestock care standards board $25 720
For office of member of a city, local, 721
exempted village, or cooperative 722
education board of 723
education or educational service 724
center governing board $20 725
For position of business manager, 726
treasurer, or superintendent of a 727
city, local, exempted village, joint 728
vocational, or cooperative education 729
school district or 730
educational service center $20 731

       (3) No judge of a court of record or candidate for judge of a 732
court of record, and no referee or magistrate serving a court of 733
record, shall be required to pay the fee required under division 734
(E)(1) or (2) or (F) of this section.735

       (4) For any public official who is appointed to a nonelective 736
office of the state and for any employee who holds a nonelective 737
position in a public agency of the state, the state agency that is 738
the primary employer of the state official or employee shall pay 739
the fee required under division (E)(1) or (F) of this section.740

       (F) If a statement required to be filed under this section is 741
not filed by the date on which it is required to be filed, the 742
appropriate ethics commission shall assess the person required to 743
file the statement a late filing fee of ten dollars for each day 744
the statement is not filed, except that the total amount of the 745
late filing fee shall not exceed two hundred fifty dollars.746

       (G)(1) The appropriate ethics commission other than the Ohio 747
ethics commission and the joint legislative ethics committee shall 748
deposit all fees it receives under divisions (E) and (F) of this 749
section into the general revenue fund of the state.750

       (2) The Ohio ethics commission shall deposit all receipts, 751
including, but not limited to, fees it receives under divisions 752
(E) and (F) of this section and all moneys it receives from 753
settlements under division (G) of section 102.06 of the Revised 754
Code, into the Ohio ethics commission fund, which is hereby 755
created in the state treasury. All moneys credited to the fund 756
shall be used solely for expenses related to the operation and 757
statutory functions of the commission.758

       (3) The joint legislative ethics committee shall deposit all 759
receipts it receives from the payment of financial disclosure 760
statement filing fees under divisions (E) and (F) of this section 761
into the joint legislative ethics committee investigative fund.762

       (H) Division (A) of this section does not apply to a person 763
elected or appointed to the office of precinct, ward, or district 764
committee member under Chapter 3517. of the Revised Code; a 765
presidential elector; a delegate to a national convention; village 766
or township officials and employees; any physician or psychiatrist 767
who is paid a salary or wage in accordance with schedule C of768
section 124.15 or schedule E-2 of section 124.152 of the Revised 769
Code and whose primary duties do not require the exercise of 770
administrative discretion; or any member of a board, commission, 771
or bureau of any county or city who receives less than one 772
thousand dollars per year for serving in that position.773

       Sec. 103.74.  The correctional institution inspection 774
committee may employ a director and any other nonlegal staff, who 775
shall be in the unclassified service of the state, that are 776
necessary for the committee to carry out its duties and may 777
contract for the services of whatever nonlegal technical advisors 778
are necessary for the committee to carry out its duties. The 779
attorney general shall act as legal counsel to the committee.780

       The chairperson and vice-chairperson of the legislative 781
service commission shall fix the compensation of the director. The 782
director, with the approval of the director of the legislative 783
service commission, shall fix the compensation of other staff of 784
the committee in accordance with a salary schedule established by 785
the director of the legislative service commission. The director 786
of the legislative service commission, when establishing the 787
salary schedule, shall require performance to be the only basis, 788
and the director of the correctional institution inspection 789
committee shall use performance as the only basis for an 790
employee's progression through the schedule. Contracts for the 791
services of necessary technical advisors shall be approved by the 792
director of the legislative service commission.793

       The general assembly shall biennially appropriate to the 794
correctional institution inspection committee an amount sufficient 795
to enable the committee to perform its duties. Salaries and 796
expenses incurred by the committee shall be paid from that 797
appropriation upon vouchers approved by the chairperson of the 798
committee.799

       Sec. 109.33.  The attorney general may appoint, with salaries 800
fixed pursuant to section 124.15 or 124.152 of the Revised Codeby 801
the attorney general based on performance, such assistants and may 802
employ such stenographers and clerks as may be necessary to carry 803
out sections 109.23 to 109.33 of the Revised Code. The attorney 804
general may also employ experts for assistance in any specific 805
matter at a reasonable rate of compensation.806

       Sec. 122.40.  (A) There is hereby created the development 807
financing advisory council to assist in carrying out the programs 808
created pursuant to sections 122.39 to 122.62 and Chapter 166. of 809
the Revised Code.810

       (B) The council shall consist of eight members appointed by 811
the governor, with the advice and consent of the senate, who are 812
selected for their knowledge of and experience in economic 813
development financing, one member of the senate appointed by the 814
president of the senate, one member of the house of 815
representatives appointed by the speaker of the house of 816
representatives, and the director of development or the director's 817
designee. With respect to the council:818

       (1) No more than four members of the council appointed by the 819
governor shall be members of the same political party.820

       (2) Each member shall hold office from the date of the 821
member's appointment until the end of the term for which the 822
member was appointed.823

       (3) The terms of office for the eight members appointed by 824
the governor shall be for five years commencing on the first day 825
of January and ending on the thirty-first day of December. The 826
members appointed by the governor who are serving terms of office 827
of seven years on December 30, 2004, shall continue to serve those 828
terms, but their successors in office, including the filling of a 829
vacancy occurring prior to the expiration of those terms, shall be 830
appointed for terms of five years in accordance with this 831
division.832

       (4) Any member of the council is eligible for reappointment.833

       (5) As a term of a member of the council appointed by the 834
governor expires, the governor shall appoint a successor with the 835
advice and consent of the senate.836

       (6) Except as otherwise provided in division (B)(3) of this 837
section, any member appointed to fill a vacancy occurring prior to 838
the expiration of the term for which the member's predecessor was 839
appointed shall hold office for the remainder of the predecessor's 840
term.841

       (7) Any member shall continue in office subsequent to the 842
expiration date of the member's term until the member's successor 843
takes office, or until a period of sixty days has elapsed, 844
whichever occurs first.845

       (8) Before entering upon duties as a member of the council, 846
each member shall take an oath provided by Section 7 of Article 847
XV, Ohio Constitution.848

       (9) The governor may, at any time, remove any nonlegislative 849
member pursuant to section 3.04 of the Revised Code.850

       (10) Members of the council, notwithstanding section 101.26 851
of the Revised Code with respect to members who are members of the 852
general assembly, shall receive their necessary and actual 853
expenses while engaged in the business of the council and shall be 854
paid at thea per diem rate of step 1, pay range 31, of855
established in rules by the director of administrative services 856
under division (A) of section 124.15 of the Revised Code.857

       (11) Six members of the council constitute a quorum and the 858
affirmative vote of six members is necessary for any action taken 859
by the council.860

       (12) In the event of the absence of a member appointed by the 861
president of the senate or by the speaker of the house of 862
representatives, the following persons may serve in the member's 863
absence: the president of the senate or the speaker of the house, 864
as the case may be, or a member of the senate or of the house of 865
representatives, of the same political party as the development 866
financing advisory council member, designated by the president of 867
the senate or the speaker of the house.868

       Sec. 122.64.  (A) There is hereby established in the 869
department of development a division of economic development. The 870
division shall be supervised by a deputy director appointed by the 871
director of development.872

       The division is responsible for the administration of the 873
state economic development financing programs established pursuant 874
to sections 122.17 and 122.18, sections 122.39 to 122.62, and 875
Chapter 166. of the Revised Code and for coordinating the 876
activities of the development financing advisory council so as to 877
ensure the efficient administration of the programs.878

       (B) The director of development shall:879

       (1) Appoint an individual to serve as director of the 880
development financing advisory council;881

       (2) Receive applications for assistance pursuant to sections 882
122.39 to 122.62 and Chapter 166. of the Revised Code. The 883
director shall process the applications and, except as provided in 884
division (C)(2) of section 166.05 of the Revised Code, forward 885
them to the development financing advisory council. As 886
appropriate, the director shall receive the recommendations of the 887
council as to applications for assistance.888

       (3) With the approval of the director of administrative 889
services, establish salary schedules for employees of the various 890
positions of employment with the division and assign the various 891
positions to those salary schedules;892

       (4) Furnish and pay for, out of funds appropriated to the 893
department of development for that purpose, office space and 894
associated utilities service, for the development financing 895
advisory council;896

       (5) Employ and fix the compensation of financial consultants, 897
appraisers, consulting engineers, superintendents, managers, 898
construction and accounting experts, attorneys, and other agents 899
for the assistance programs authorized pursuant to sections 122.17 900
and 122.18, sections 122.39 to 122.62, and Chapter 166. of the 901
Revised Code as are necessary;902

       (6) Supervise the administrative operations of the division;903

       (7) On or before the first day of October in each year, make 904
an annual report of the activities and operations under assistance 905
programs authorized pursuant to sections 122.39 to 122.62 and 906
Chapter 166. of the Revised Code for the preceding fiscal year to 907
the governor and the general assembly. Each such report shall set 908
forth a complete operating and financial statement covering such 909
activities and operations during the year in accordance with 910
generally accepted accounting principles and shall be audited by a 911
certified public accountant. The director of development shall 912
transmit a copy of the audited financial report to the office of 913
budget and management.914

       (C) The director of development, when establishing the salary 915
schedules required under division (B)(3) of this section, shall 916
use performance as the only basis for an employee's progression 917
through the schedule.918

       Sec. 122.72.  (A) There is hereby created the minority 919
development financing advisory board to assist in carrying out the 920
programs created pursuant to sections 122.71 to 122.89 of the 921
Revised Code.922

       (B) The board shall consist of ten members. The director of 923
development or the director's designee shall be a voting member on 924
the board. Seven members shall be appointed by the governor with 925
the advice and consent of the senate and selected because of their 926
knowledge of and experience in industrial, business, and 927
commercial financing, suretyship, construction, and their 928
understanding of the problems of minority business enterprises; 929
one member also shall be a member of the senate and appointed by 930
the president of the senate, and one member also shall be a member 931
of the house of representatives and appointed by the speaker of 932
the house of representatives. With respect to the board, all of 933
the following apply:934

       (1) Not more than four of the members of the board appointed 935
by the governor shall be of the same political party.936

       (2) Each member shall hold office from the date of the 937
member's appointment until the end of the term for which the 938
member was appointed.939

       (3) The terms of office for the seven members appointed by 940
the governor shall be for seven years, commencing on the first day 941
of October and ending on the thirtieth day of September of the 942
seventh year, except that of the original seven members, three 943
shall be appointed for three years and two shall be appointed for 944
five years.945

       (4) Any member of the board is eligible for reappointment.946

       (5) Any member appointed to fill a vacancy occurring prior to 947
the expiration of the term for which the member's predecessor was 948
appointed shall hold office for the remainder of the predecessor's 949
term.950

       (6) Any member shall continue in office subsequent to the 951
expiration date of the member's term until the member's successor 952
takes office, or until a period of sixty days has elapsed, 953
whichever occurs first.954

       (7) Before entering upon official duties as a member of the 955
board, each member shall take an oath as provided by Section 7 of 956
Article XV, Ohio Constitution.957

       (8) The governor may, at any time, remove any member 958
appointed by the governor pursuant to section 3.04 of the Revised 959
Code.960

       (9) Notwithstanding section 101.26 of the Revised Code, 961
members shall receive their necessary and actual expenses while 962
engaged in the business of the board and shall be paid at thea963
per diem rate of step 1 of pay range 31established in rules 964
adopted by the director of administrative services under division 965
(A) of section 124.15 of the Revised Code.966

       (10) Six members of the board constitute a quorum and the 967
affirmative vote of six members is necessary for any action taken 968
by the board.969

       (11) In the event of the absence of a member appointed by the 970
president of the senate or by the speaker of the house of 971
representatives, either of the following persons may serve in the 972
member's absence:973

       (a) The president of the senate or the speaker of the house 974
of representatives, whoever appointed the absent member;975

       (b) A member of the senate or of the house of representatives 976
of the same political party as the absent member, as designated by 977
the president of the senate or the speaker of the house of 978
representatives, whoever appointed the absent member.979

       (12) The board shall annually elect one of its members as 980
chairperson and another as vice-chairperson.981

       Sec. 124.11.  The civil service of the state and the several 982
counties, cities, civil service townships, city health districts, 983
general health districts, and city school districts of the state 984
shall be divided into the unclassified service and the classified 985
service.986

       (A) The unclassified service shall comprise the following 987
positions, which shall not be included in the classified service, 988
and which shall be exempt from all examinations required by this 989
chapter:990

       (1) All officers elected by popular vote or persons appointed 991
to fill vacancies in those offices;992

       (2) All election officers as defined in section 3501.01 of 993
the Revised Code;994

       (3)(a) The members of all boards and commissions, and heads 995
of principal departments, boards, and commissions appointed by the 996
governor or by and with the governor's consent; 997

       (b) The heads of all departments appointed by a board of 998
county commissioners;999

       (c) The members of all boards and commissions and all heads 1000
of departments appointed by the mayor, or, if there is no mayor, 1001
such other similar chief appointing authority of any city or city 1002
school district;1003

       Except as otherwise provided in division (A)(17) or (C) of 1004
this section, this chapter does not exempt the chiefs of police 1005
departments and chiefs of fire departments of cities or civil 1006
service townships from the competitive classified service.1007

       (4) The members of county or district licensing boards or 1008
commissions and boards of revision, and not more than five deputy 1009
county auditors;1010

       (5) All officers and employees elected or appointed by either 1011
or both branches of the general assembly, and employees of the 1012
city legislative authority engaged in legislative duties;1013

       (6) All commissioned, warrant, and noncommissioned officers 1014
and enlisted persons in the Ohio organized militia, including 1015
military appointees in the adjutant general's department;1016

       (7)(a) All presidents, business managers, administrative 1017
officers, superintendents, assistant superintendents, principals, 1018
deans, assistant deans, instructors, teachers, and such employees 1019
as are engaged in educational or research duties connected with 1020
the public school system, colleges, and universities, as 1021
determined by the governing body of the public school system, 1022
colleges, and universities;1023

       (b) The library staff of any library in the state supported 1024
wholly or in part at public expense.1025

       (8) Four clerical and administrative support employees for 1026
each of the elective state officers, four clerical and 1027
administrative support employees for each board of county 1028
commissioners and one such employee for each county commissioner, 1029
and four clerical and administrative support employees for other 1030
elective officers and each of the principal appointive executive 1031
officers, boards, or commissions, except for civil service 1032
commissions, that are authorized to appoint such clerical and 1033
administrative support employees;1034

       (9) The deputies and assistants of state agencies authorized 1035
to act for and on behalf of the agency, or holding a fiduciary or 1036
administrative relation to that agency and those persons employed 1037
by and directly responsible to elected county officials or a 1038
county administrator and holding a fiduciary or administrative 1039
relationship to such elected county officials or county 1040
administrator, and the employees of such county officials whose 1041
fitness would be impracticable to determine by competitive 1042
examination, provided that division (A)(9) of this section shall 1043
not affect those persons in county employment in the classified 1044
service as of September 19, 1961. Nothing in division (A)(9) of 1045
this section applies to any position in a county department of job 1046
and family services created pursuant to Chapter 329. of the 1047
Revised Code.1048

       (10) Bailiffs, constables, official stenographers, and 1049
commissioners of courts of record, deputies of clerks of the 1050
courts of common pleas who supervise or who handle public moneys 1051
or secured documents, and such officers and employees of courts of 1052
record and such deputies of clerks of the courts of common pleas 1053
as the director of administrative services finds it impracticable 1054
to determine their fitness by competitive examination;1055

       (11) Assistants to the attorney general, special counsel 1056
appointed or employed by the attorney general, assistants to 1057
county prosecuting attorneys, and assistants to city directors of 1058
law;1059

       (12) Such teachers and employees in the agricultural 1060
experiment stations; such students in normal schools, colleges, 1061
and universities of the state who are employed by the state or a 1062
political subdivision of the state in student or intern 1063
classifications; and such unskilled labor positions as the 1064
director of administrative services or any municipal civil service 1065
commission may find it impracticable to include in the competitive 1066
classified service; provided such exemptions shall be by order of 1067
the commission or the director, duly entered on the record of the 1068
commission or the director with the reasons for each such 1069
exemption;1070

       (13) Any physician or dentist who is a full-time employee of 1071
the department of mental health, the department of developmental 1072
disabilities, or an institution under the jurisdiction of either 1073
department; and physicians who are in residency programs at the 1074
institutions;1075

       (14) Up to twenty positions at each institution under the 1076
jurisdiction of the department of mental health or the department 1077
of developmental disabilities that the department director 1078
determines to be primarily administrative or managerial; and up to 1079
fifteen positions in any division of either department, excluding 1080
administrative assistants to the director and division chiefs, 1081
which are within the immediate staff of a division chief and which 1082
the director determines to be primarily and distinctively 1083
administrative and managerial;1084

       (15) Noncitizens of the United States employed by the state, 1085
or its counties or cities, as physicians or nurses who are duly 1086
licensed to practice their respective professions under the laws 1087
of this state, or medical assistants, in mental or chronic disease 1088
hospitals, or institutions;1089

       (16) Employees of the governor's office;1090

       (17) Fire chiefs and chiefs of police in civil service 1091
townships appointed by boards of township trustees under section 1092
505.38 or 505.49 of the Revised Code;1093

       (18) Executive directors, deputy directors, and program 1094
directors employed by boards of alcohol, drug addiction, and 1095
mental health services under Chapter 340. of the Revised Code, and 1096
secretaries of the executive directors, deputy directors, and 1097
program directors;1098

       (19) Superintendents, and management employees as defined in 1099
section 5126.20 of the Revised Code, of county boards of 1100
developmental disabilities;1101

       (20) Physicians, nurses, and other employees of a county 1102
hospital who are appointed pursuant to sections 339.03 and 339.06 1103
of the Revised Code;1104

       (21) The executive director of the state medical board, who 1105
is appointed pursuant to division (B) of section 4731.05 of the 1106
Revised Code;1107

       (22) County directors of job and family services as provided 1108
in section 329.02 of the Revised Code and administrators appointed 1109
under section 329.021 of the Revised Code;1110

       (23) A director of economic development who is hired pursuant 1111
to division (A) of section 307.07 of the Revised Code;1112

       (24) Chiefs of construction and compliance, of operations and 1113
maintenance, of worker protection, and of licensing and 1114
certification in the division of labor in the department of 1115
commerce;1116

       (25) The executive director of a county transit system 1117
appointed under division (A) of section 306.04 of the Revised 1118
Code;1119

       (26) Up to five positions at each of the administrative 1120
departments listed in section 121.02 of the Revised Code and at 1121
the department of taxation, department of the adjutant general, 1122
department of education, Ohio board of regents, bureau of workers' 1123
compensation, industrial commission, state lottery commission, and 1124
public utilities commission of Ohio that the head of that 1125
administrative department or of that other state agency determines 1126
to be involved in policy development and implementation. The head 1127
of the administrative department or other state agency shall set 1128
the compensation for employees in these positions at a rate that 1129
is not less than the minimum compensation specified in a pay range 1130
41 but not more than the maximum compensation specified in pay 1131
range 44 of salary schedule E-2prescribed in section 124.152 of 1132
the Revised Coderules adopted by the director of administrative 1133
services. The authority to establish positions in the unclassified 1134
service under division (A)(26) of this section is in addition to 1135
and does not limit any other authority that an administrative 1136
department or state agency has under the Revised Code to establish 1137
positions, appoint employees, or set compensation.1138

       (27) Employees of the department of agriculture employed 1139
under section 901.09 of the Revised Code;1140

       (28) For cities, counties, civil service townships, city 1141
health districts, general health districts, and city school 1142
districts, the deputies and assistants of elective or principal 1143
executive officers authorized to act for and in the place of their 1144
principals or holding a fiduciary relation to their principals;1145

       (29) Employees who receive intermittent or temporary 1146
appointments under division (B) of section 124.30 of the Revised 1147
Code;1148

       (30) Employees appointed to administrative staff positions 1149
for which an appointing authority is given specific statutory 1150
authority to set compensation;1151

       (31) Employees appointed to highway patrol cadet or highway 1152
patrol cadet candidate classifications;1153

       (32) Employees placed in the unclassified service by another 1154
section of the Revised Code.1155

       (B) The classified service shall comprise all persons in the 1156
employ of the state and the several counties, cities, city health 1157
districts, general health districts, and city school districts of 1158
the state, not specifically included in the unclassified service. 1159
Upon the creation by the board of trustees of a civil service 1160
township civil service commission, the classified service shall 1161
also comprise, except as otherwise provided in division (A)(17) or 1162
(C) of this section, all persons in the employ of a civil service 1163
township police or fire department having ten or more full-time 1164
paid employees. The classified service consists of two classes, 1165
which shall be designated as the competitive class and the 1166
unskilled labor class.1167

       (1) The competitive class shall include all positions and 1168
employments in the state and the counties, cities, city health 1169
districts, general health districts, and city school districts of 1170
the state, and, upon the creation by the board of trustees of a 1171
civil service township of a township civil service commission, all 1172
positions in a civil service township police or fire department 1173
having ten or more full-time paid employees, for which it is 1174
practicable to determine the merit and fitness of applicants by 1175
competitive examinations. Appointments shall be made to, or 1176
employment shall be given in, all positions in the competitive 1177
class that are not filled by promotion, reinstatement, transfer, 1178
or reduction, as provided in this chapter, and the rules of the 1179
director of administrative services, by appointment from those 1180
certified to the appointing officer in accordance with this 1181
chapter.1182

       (2) The unskilled labor class shall include ordinary 1183
unskilled laborers. Vacancies in the labor class for positions in 1184
service of the state shall be filled by appointment from lists of 1185
applicants registered by the director. Vacancies in the labor 1186
class for all other positions shall be filled by appointment from 1187
lists of applicants registered by a commission. The director or 1188
the commission, as applicable, by rule, shall require an applicant 1189
for registration in the labor class to furnish evidence or take 1190
tests as the director or commission considers proper with respect 1191
to age, residence, physical condition, ability to labor, honesty, 1192
sobriety, industry, capacity, and experience in the work or 1193
employment for which application is made. Laborers who fulfill the 1194
requirements shall be placed on the eligible list for the kind of 1195
labor or employment sought, and preference shall be given in 1196
employment in accordance with the rating received from that 1197
evidence or in those tests. Upon the request of an appointing 1198
officer, stating the kind of labor needed, the pay and probable 1199
length of employment, and the number to be employed, the director 1200
or commission, as applicable, shall certify from the highest on 1201
the list double the number to be employed; from this number, the 1202
appointing officer shall appoint the number actually needed for 1203
the particular work. If more than one applicant receives the same 1204
rating, priority in time of application shall determine the order 1205
in which their names shall be certified for appointment.1206

       (C) A municipal or civil service township civil service 1207
commission may place volunteer firefighters who are paid on a 1208
fee-for-service basis in either the classified or the unclassified 1209
civil service.1210

       (D) This division does not apply to persons in the 1211
unclassified service who have the right to resume positions in the 1212
classified service under sections 4121.121, 5119.071, 5120.38, 1213
5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the Revised 1214
Code.1215

       An appointing authority whose employees are paid directly by 1216
warrant of the director of budget and management may appoint a 1217
person who holds a certified position in the classified service 1218
within the appointing authority's agency to a position in the 1219
unclassified service within that agency. A person appointed 1220
pursuant to this division to a position in the unclassified 1221
service shall retain the right to resume the position and status 1222
held by the person in the classified service immediately prior to 1223
the person's appointment to the position in the unclassified 1224
service, regardless of the number of positions the person held in 1225
the unclassified service. An employee's right to resume a position 1226
in the classified service may only be exercised when an appointing 1227
authority demotes the employee to a pay range lower than the 1228
employee's current pay range or revokes the employee's appointment 1229
to the unclassified service. An employee forfeits the right to 1230
resume a position in the classified service when the employee is 1231
removed from the position in the unclassified service due to 1232
incompetence, inefficiency, dishonesty, drunkenness, immoral 1233
conduct, insubordination, discourteous treatment of the public, 1234
neglect of duty, violation of this chapter or the rules of the 1235
director of administrative services, any other failure of good 1236
behavior, any other acts of misfeasance, malfeasance, or 1237
nonfeasance in office, or conviction of a felony. An employee also 1238
forfeits the right to resume a position in the classified service 1239
upon transfer to a different agency.1240

       Reinstatement to a position in the classified service shall 1241
be to a position substantially equal to that position in the 1242
classified service held previously, as certified by the director 1243
of administrative services. If the position the person previously 1244
held in the classified service has been placed in the unclassified 1245
service or is otherwise unavailable, the person shall be appointed 1246
to a position in the classified service within the appointing 1247
authority's agency that the director of administrative services 1248
certifies is comparable in compensation to the position the person 1249
previously held in the classified service. Service in the position 1250
in the unclassified service shall be counted as service in the 1251
position in the classified service held by the person immediately 1252
prior to the person's appointment to the position in the 1253
unclassified service. When a person is reinstated to a position in 1254
the classified service as provided in this division, the person is 1255
entitled to all rights, status, and benefits accruing to the 1256
position in the classified service during the person's time of 1257
service in the position in the unclassified service.1258

       Sec. 124.134.  (A) Each full-time permanent state employee 1259
paid in accordance with section 124.152 of the Revised Code and 1260
those employees listed in divisions (B)(2) and (4) of section 1261
124.14 of the Revised Code shall be credited with vacation leave 1262
with full pay according to length of service and accruing at a 1263
corresponding rate per biweekly pay period, as follows:1264

Length of Service Accrual Rate Per Pay Period 1265
Less than 4 years 3.1 hours 1266
4 but less than 9 years 4.6 hours 1267
9 but less than 14 years 6.2 hours 1268
14 but less than 19 years 6.9 hours 1269
19 but less than 24 years or more 7.7 hours 1270
24 years or more 9.2 hours 1271

       Fifty-two weeks equal one year of service.1272

       The amount of an employee's service shall be determined in 1273
accordance with the standard specified in section 9.44 of the 1274
Revised Code. Credit for prior service, including an increased 1275
vacation accrual rate and longevity supplement, shall take effect 1276
during the first pay period that begins immediately following the 1277
date the director of administrative services approves granting 1278
credit for that prior service. No employee, other than an employee 1279
who submits proof of prior service within ninety days after the 1280
date of the employee's hiring, shall receive any amount of 1281
vacation leave for the period prior to the date of the director's 1282
approval of the grant of credit for prior service.1283

       Part-time permanent employees who are paid in accordance with 1284
section 124.152 of the Revised Code and full-time permanent 1285
employees subject to this section who are in active pay status for 1286
less than eighty hours in a pay period shall earn vacation leave 1287
on a prorated basis. The ratio between the hours worked and the 1288
vacation hours earned by these classes of employees shall be the 1289
same as the ratio between the hours worked and the vacation hours 1290
earned by a full-time permanent employee with the same amount of 1291
service as provided for in this section.1292

       Vacation leave is not available for use until it appears on 1293
the employee's earning statement and the compensation described in 1294
the earning statement is available to the employee. An employee 1295
may begin using accrued vacation leave upon completion of the 1296
employee's initial probation period. A probationary period that 1297
follows a separation from service that is less than thirty-one 1298
days is not considered an initial probation period for purposes of 1299
this section.1300

       (B) Employees granted leave under this section shall forfeit 1301
their right to take or to be paid for any vacation leave to their 1302
credit which is in excess of the accrual for three years. An 1303
employee who is accruing vacation leave at a rate of 9.2 hours per 1304
pay period and whose vacation leave balance exceeds six hundred 1305
hours on the effective date of this amendment shall forfeit the 1306
employee's right to take or be paid for any vacation leave to the 1307
employee's credit that is in excess of seven hundred twenty hours.1308
Any excess leave shall be eliminated from the employees' leave 1309
balance. 1310

       (C) Except as provided in division (D) of this section, 1311
beginning in fiscal year 2012, an employee may be paid for up to 1312
eighty hours of vacation leave each fiscal year if the employee 1313
requested and was denied the use of vacation leave during that 1314
fiscal year. No employee shall receive payment for more than 1315
eighty hours of denied vacation leave in a single fiscal year. An 1316
employee is only eligible to receive payment for vacation leave 1317
when the employee's vacation leave credit is at, or will reach in 1318
the immediately following pay period, the maximum of the accrual 1319
for three years and the employee has been denied the use of 1320
vacation leave. An employee is not entitled to receive payment for 1321
vacation leave denied in any pay period in which the employee's 1322
vacation leave credit is not at, or will not reach in the 1323
immediately following pay period, the maximum of accrual for three 1324
years. Any vacation leave for which an employee receives payment 1325
shall be deducted from the employee's vacation leave balance. No 1326
employee is eligible to receive payment for denied vacation leave 1327
in either fiscal year 2010 or fiscal year 2011.1328

       (D) The supreme court, general assembly, secretary of state, 1329
auditor of state, treasurer of state, and attorney general may 1330
establish by policy an alternate payment structure for employees 1331
whose vacation leave credit is at, or will reach in the 1332
immediately following pay period, the maximum of accrual for three 1333
years and the employee has been denied the use of vacation leave. 1334
An employee is not entitled to receive payment for vacation leave 1335
denied in any pay period in which the employee's vacation leave 1336
credit is not at, or will not reach in the immediately following 1337
pay period, the maximum of accrual for three years. Any vacation 1338
leave for which the employee receives payment shall be deducted 1339
from the employee's vacation leave balance.1340

        (E) Upon separation from state service, an employee granted 1341
leave under this section is entitled to compensation at the 1342
employee's current rate of pay for all unused vacation leave 1343
accrued under this section or section 124.13 of the Revised Code 1344
to the employee's credit. In case of transfer of an employee from 1345
one state agency to another, the employee shall retain the accrued 1346
and unused vacation leave. In case of the death of an employee, 1347
the unused vacation leave shall be paid in accordance with section 1348
2113.04 of the Revised Code, or to the employee's estate. An 1349
employee serving in a temporary work level who is eligible to 1350
receive compensation under this division shall be compensated at 1351
the base rate of pay of the employee's normal classification.1352

       (F) Notwithstanding any provision of Chapter 4117. of the 1353
Revised Code to the contrary, no collective bargaining agreement 1354
that is modified, renewed, extended, or entered into on or after 1355
the effective date of this amendment shall provide vacation leave 1356
in an amount greater than the vacation leave provided by this 1357
section.1358

       Sec. 124.14.  (A)(1) The director of administrative services 1359
shall establish, and may modify or rescind, by rule, a job 1360
classification plan for all positions, offices, and employments 1361
the salaries of which are paid in whole or in part by the state. 1362
The director shall group jobs within a classification so that the 1363
positions are similar enough in duties and responsibilities to be 1364
described by the same title, to have the same pay assigned with 1365
equity, and to have the same qualifications for selection applied. 1366
The director shall, by rule, assign a classification title to each 1367
classification within the classification plan. However, the 1368
director shall consider in establishing classifications, including 1369
classifications with parenthetical titles, and assigning pay 1370
ranges such factors as duties performed only on one shift, special 1371
skills in short supply in the labor market, recruitment problems, 1372
separation rates, comparative salary rates, the amount of training 1373
required, and other conditions affecting employment. The director 1374
shall describe the duties and responsibilities of the class, 1375
establish the qualifications for being employed in each position 1376
in the class, and file with the secretary of state a copy of 1377
specifications for all of the classifications. The director shall 1378
file new, additional, or revised specifications with the secretary 1379
of state before they are used. 1380

       The director shall, by rule, assign each classification, 1381
either on a statewide basis or in particular counties or state 1382
institutions, to a pay range established under section 124.15 or 1383
section 124.152 of the Revised Code. The director may assign a 1384
classification to a pay range on a temporary basis for a period of 1385
six months. The director may establish, by rule adopted under 1386
Chapter 119. of the Revised Code, experimental classification 1387
plans for some or all employees paid directly by warrant of the 1388
director of budget and management. The rule shall include 1389
specifications for each classification within the plan and shall 1390
specifically address compensation ranges, and methods for 1391
advancing within the ranges, for the classifications, which may be 1392
assigned to pay ranges other than the pay ranges established under 1393
section 124.15 or 124.152 of the Revised Code.1394

       (2) The director of administrative services may reassign to a 1395
proper classification those positions that have been assigned to 1396
an improper classification. If the compensation of an employee in 1397
such a reassigned position exceeds the maximum rate of pay for the 1398
employee's new classification, the employee shall be placed in pay 1399
step X anddirector shall not receive an increase in, by rule, 1400
determine the appropriate compensation until the maximum rate of 1401
pay for that classification exceeds the employee's compensation.1402

       (3) The director may reassign an exempt employee, as defined 1403
in section 124.152 of the Revised Code, to a bargaining unit 1404
classification if the director determines that the bargaining unit 1405
classification is the proper classification for that employee. 1406
Notwithstanding Chapter 4117. of the Revised Code or instruments 1407
and contracts negotiated under it, these placements are at the 1408
director's discretion.1409

        (4) The director shall, by rule, assign related 1410
classifications, which form a career progression, to a 1411
classification series. The director shall, by rule, assign each 1412
classification in the classification plan a five-digit number, the 1413
first four digits of which shall denote the classification series 1414
to which the classification is assigned. When a career progression 1415
encompasses more than ten classifications, the director shall, by 1416
rule, identify the additional classifications belonging to a 1417
classification series. The additional classifications shall be 1418
part of the classification series, notwithstanding the fact that 1419
the first four digits of the number assigned to the additional 1420
classifications do not correspond to the first four digits of the 1421
numbers assigned to other classifications in the classification 1422
series.1423

       (5) The director may establish, modify, or rescind a 1424
classification plan for county agencies that elect not to use the 1425
services and facilities of a county personnel department. The 1426
director shall establish any such classification plan by means of 1427
rules adopted under Chapter 119. of the Revised Code. The rules 1428
shall include a methodology for the establishment of titles unique 1429
to county agencies, the use of state classification titles and 1430
classification specifications for common positions, the criteria 1431
for a county to meet in establishing its own classification plan, 1432
and the establishment of what constitutes a classification series 1433
for county agencies. The director may assess a county agency that 1434
chooses to use the classification plan a usage fee the director 1435
determines. All usage fees the department of administrative 1436
services receives shall be paid into the state treasury to the 1437
credit of the human resources fund created in section 124.07 of 1438
the Revised Code.1439

       (B) Division (A) of this section and sections 124.15 and 1440
124.152 of the Revised Code do not apply to the following persons, 1441
positions, offices, and employments:1442

       (1) Elected officials;1443

       (2) Legislative employees, employees of the legislative 1444
service commission, employees in the office of the governor, 1445
employees who are in the unclassified civil service and exempt 1446
from collective bargaining coverage in the office of the secretary 1447
of state, auditor of state, treasurer of state, and attorney 1448
general, and employees of the supreme court;1449

       (3) Employees of a county children services board that 1450
establishes compensation rates under section 5153.12 of the 1451
Revised Code;1452

       (4) Any position for which the authority to determine 1453
compensation is given by law to another individual or entity;1454

       (5) Employees of the bureau of workers' compensation whose 1455
compensation the administrator of workers' compensation 1456
establishes under division (B) of section 4121.121 of the Revised 1457
Code.1458

       (C) The director may employ a consulting agency to aid and 1459
assist the director in carrying out this section.1460

       (D)(1) When the director proposes to modify a classification 1461
or the assignment of classes to appropriate pay ranges, the 1462
director shall send written notice of the proposed rule to the 1463
appointing authorities of the affected employees thirty days 1464
before a hearing on the proposed rule. The appointing authorities 1465
shall notify the affected employees regarding the proposed rule. 1466
The director also shall send those appointing authorities notice 1467
of any final rule that is adopted within ten days after adoption.1468

       (2) When the director proposes to reclassify any employee so 1469
that the employee is adversely affected, the director shall give 1470
to the employee affected and to the employee's appointing 1471
authority a written notice setting forth the proposed new 1472
classification, pay range, and salary. Upon the request of any 1473
classified employee who is not serving in a probationary period, 1474
the director shall perform a job audit to review the 1475
classification of the employee's position to determine whether the 1476
position is properly classified. The director shall give to the 1477
employee affected and to the employee's appointing authority a 1478
written notice of the director's determination whether or not to 1479
reclassify the position or to reassign the employee to another 1480
classification. An employee or appointing authority desiring a 1481
hearing shall file a written request for the hearing with the 1482
state personnel board of review within thirty days after receiving 1483
the notice. The board shall set the matter for a hearing and 1484
notify the employee and appointing authority of the time and place 1485
of the hearing. The employee, the appointing authority, or any 1486
authorized representative of the employee who wishes to submit 1487
facts for the consideration of the board shall be afforded 1488
reasonable opportunity to do so. After the hearing, the board 1489
shall consider anew the reclassification and may order the 1490
reclassification of the employee and require the director to 1491
assign the employee to such appropriate classification as the 1492
facts and evidence warrant. As provided in division (A)(1) of 1493
section 124.03 of the Revised Code, the board may determine the 1494
most appropriate classification for the position of any employee 1495
coming before the board, with or without a job audit. The board 1496
shall disallow any reclassification or reassignment classification 1497
of any employee when it finds that changes have been made in the 1498
duties and responsibilities of any particular employee for 1499
political, religious, or other unjust reasons.1500

       (E)(1) Employees of each county department of job and family 1501
services shall be paid a salary or wage established by the board 1502
of county commissioners. The provisions of section 124.18 of the 1503
Revised Code concerning the standard work week apply to employees 1504
of county departments of job and family services. A board of 1505
county commissioners may do either of the following:1506

       (a) Notwithstanding any other section of the Revised Code, 1507
supplement the sick leave, vacation leave, personal leave, and 1508
other benefits of any employee of the county department of job and 1509
family services of that county, if the employee is eligible for 1510
the supplement under a written policy providing for the 1511
supplement;1512

       (b) Notwithstanding any other section of the Revised Code, 1513
establish alternative schedules of sick leave, vacation leave, 1514
personal leave, or other benefits for employees not inconsistent 1515
with the provisions of a collective bargaining agreement covering 1516
the affected employees.1517

       (2) Division (E)(1) of this section does not apply to 1518
employees for whom the state employment relations board 1519
establishes appropriate bargaining units pursuant to section 1520
4117.06 of the Revised Code, except in either of the following 1521
situations:1522

       (a) The employees for whom the state employment relations 1523
board establishes appropriate bargaining units elect no 1524
representative in a board-conducted representation election.1525

       (b) After the state employment relations board establishes 1526
appropriate bargaining units for such employees, all employee 1527
organizations withdraw from a representation election.1528

       (F)(1) Notwithstanding any contrary provision of sections 1529
124.01 to 124.64 of the Revised Code, the board of trustees of 1530
each state university or college, as defined in section 3345.12 of 1531
the Revised Code, shall carry out all matters of governance 1532
involving the officers and employees of the university or college, 1533
including, but not limited to, the powers, duties, and functions 1534
of the department of administrative services and the director of 1535
administrative services specified in this chapter. Officers and 1536
employees of a state university or college shall have the right of 1537
appeal to the state personnel board of review as provided in this 1538
chapter.1539

       (2) Each board of trustees shall adopt rules under section 1540
111.15 of the Revised Code to carry out the matters of governance 1541
described in division (F)(1) of this section. Until the board of 1542
trustees adopts those rules, a state university or college shall 1543
continue to operate pursuant to the applicable rules adopted by 1544
the director of administrative services under this chapter.1545

       (G)(1) Each board of county commissioners may, by a 1546
resolution adopted by a majority of its members, establish a 1547
county personnel department to exercise the powers, duties, and 1548
functions specified in division (G) of this section. As used in 1549
division (G) of this section, "county personnel department" means 1550
a county personnel department established by a board of county 1551
commissioners under division (G)(1) of this section.1552

       (2)(a) Each board of county commissioners, by a resolution 1553
adopted by a majority of its members, may designate the county 1554
personnel department of the county to exercise the powers, duties, 1555
and functions specified in sections 124.01 to 124.64 and Chapter 1556
325. of the Revised Code with regard to employees in the service 1557
of the county, except for the powers and duties of the state 1558
personnel board of review, which powers and duties shall not be 1559
construed as having been modified or diminished in any manner by 1560
division (G)(2) of this section, with respect to the employees for 1561
whom the board of county commissioners is the appointing authority 1562
or co-appointing authority. 1563

       (b) Nothing in division (G)(2) of this section shall be 1564
construed to limit the right of any employee who possesses the 1565
right of appeal to the state personnel board of review to continue 1566
to possess that right of appeal.1567

       (c) Any board of county commissioners that has established a 1568
county personnel department may contract with the department of 1569
administrative services, another political subdivision, or an 1570
appropriate public or private entity to provide competitive 1571
testing services or other appropriate services.1572

       (3) After the county personnel department of a county has 1573
been established as described in division (G)(2) of this section, 1574
any elected official, board, agency, or other appointing authority 1575
of that county, upon written notification to the county personnel 1576
department, may elect to use the services and facilities of the 1577
county personnel department. Upon receipt of the notification by 1578
the county personnel department, the county personnel department 1579
shall exercise the powers, duties, and functions as described in 1580
division (G)(2) of this section with respect to the employees of 1581
that elected official, board, agency, or other appointing 1582
authority. 1583

       (4) Each board of county commissioners, by a resolution 1584
adopted by a majority of its members, may disband the county 1585
personnel department. 1586

       (5) Any elected official, board, agency, or appointing 1587
authority of a county may end its involvement with a county 1588
personnel department upon actual receipt by the department of a 1589
certified copy of the notification that contains the decision to 1590
no longer participate.1591

       (6) The director of administrative services may, by rule 1592
adopted in accordance with Chapter 119. of the Revised Code, 1593
prescribe criteria and procedures for the following:1594

       (a) A requirement that each county personnel department, in 1595
carrying out its duties, adhere to meritperformance system 1596
principles with regard to employees of county departments of job 1597
and family services, child support enforcement agencies, and 1598
public child welfare agencies so that there is no threatened loss 1599
of federal funding for these agencies, and a requirement that the 1600
county be financially liable to the state for any loss of federal 1601
funds due to the action or inaction of the county personnel 1602
department. The costs associated with audits conducted to monitor 1603
compliance with division (G)(6)(a) of this section shall be 1604
reimbursed to the department of administrative services as 1605
determined by the director. All money the department receives for 1606
these audits shall be paid into the state treasury to the credit 1607
of the human resources fund created in section 124.07 of the 1608
Revised Code.1609

       (b) Authorization for the director of administrative services 1610
to conduct periodic audits and reviews of county personnel 1611
departments to guarantee the uniform application of the powers, 1612
duties, and functions exercised pursuant to division (G)(2)(a) of 1613
this section. The costs of the audits and reviews shall be 1614
reimbursed to the department of administrative services as 1615
determined by the director by the county for which the services 1616
are performed. All money the department receives shall be paid 1617
into the state treasury to the credit of the human resources fund 1618
created in section 124.07 of the Revised Code.1619

       (H) The director of administrative services shall establish 1620
the rate and method of compensation, based upon performance, for 1621
all employees who are paid directly by warrant of the director of 1622
budget and management and who are serving in positions that the 1623
director of administrative services has determined impracticable 1624
to include in the state job classification plan. When determining 1625
the performance of an employee who is a member of a police 1626
department, the director shall not consider the number or type of 1627
citations that the employee issues. This division does not apply 1628
to elected officials, legislative employees, employees of the 1629
legislative service commission, employees who are in the 1630
unclassified civil service and exempt from collective bargaining 1631
coverage in the office of the secretary of state, auditor of 1632
state, treasurer of state, and attorney general, employees of the 1633
courts, employees of the bureau of workers' compensation whose 1634
compensation the administrator of workers' compensation 1635
establishes under division (B) of section 4121.121 of the Revised 1636
Code, or employees of an appointing authority authorized by law to 1637
fix the compensation of those employees.1638

       (I) The director shall set the rate of compensation for all 1639
intermittent, seasonal, temporary, emergency, and casual employees 1640
in the service of the state who are not considered public 1641
employees under section 4117.01 of the Revised Code. Those 1642
employees are not entitled to receive employee benefits. This rate 1643
of compensation shall be equitable in terms of the rate of 1644
employees serving in the same or similar classifications. This 1645
division does not apply to elected officials, legislative 1646
employees, employees of the legislative service commission, 1647
employees who are in the unclassified civil service and exempt 1648
from collective bargaining coverage in the office of the secretary 1649
of state, auditor of state, treasurer of state, and attorney 1650
general, employees of the courts, employees of the bureau of 1651
workers' compensation whose compensation the administrator 1652
establishes under division (B) of section 4121.121 of the Revised 1653
Code, or employees of an appointing authority authorized by law to 1654
fix the compensation of those employees.1655

       (J) In no case shall the performance-based wage or salary of 1656
a public employee who is a member of any police department or a 1657
trooper in the state highway patrol be based on the number or type 1658
of citations that the employee issues.1659

       Sec. 124.15.  (A) Board and commission members appointed 1660
prior to July 1, 1991, shall be paid a salary or wage in 1661
accordance with the following schedules of rates:1662

Schedule B1663

Pay Ranges and Step Values
1664

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

Schedule C1749

Pay Range and Values
1750

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

based upon performance within the ranges established or modified 1770
in rules adopted by the director of administrative services, 1771
unless compensation for members of a board or commission otherwise 1772
is specifically provided by law. The director shall adopt rules to 1773
develop a performance pay system. Unless otherwise provided, if an 1774
appointing authority is authorized by the Revised Code to fix the 1775
wage or salary of a public employee without reference to this 1776
chapter or other parameters, the appointing authority shall fix 1777
the public employee's wage or salary based on performance in 1778
accordance with the rules the director adopts.1779

       (B) The pay schedule of all employees shall be on a biweekly 1780
basis, with amounts computed on an hourly basis.1781

       (C) Part-time employees shall be compensated on an hourly 1782
basis for time worked, at the rates shown inas determined under1783
division (A) of this section or inby section 124.152 of the 1784
Revised Code.1785

       (D) The salary and wage rates indetermined under division 1786
(A) of this section or inunder section 124.152 of the Revised 1787
Code represent base rates of compensation and may be augmented by 1788
the provisions of section 124.181 of the Revised Code. In those 1789
cases where lodging, meals, laundry, or other personal services 1790
are furnished an employee in the service of the state, the actual 1791
costs or fair market value of the personal services shall be paid 1792
by the employee in such amounts and manner as determined by the 1793
director of administrative services and approved by the director 1794
of budget and management, and those personal services shall not be 1795
considered as a part of the employee's compensation. An appointing 1796
authority that appoints employees in the service of the state, 1797
with the approval of the director of administrative services and 1798
the director of budget and management, may establish payments to 1799
employees for uniforms, tools, equipment, and other requirements 1800
of the department and payments for the maintenance of them.1801

       The director of administrative services may review collective 1802
bargaining agreements entered into under Chapter 4117. of the 1803
Revised Code that cover employees in the service of the state and 1804
determine whether certain benefits or payments provided to the 1805
employees covered by those agreements should also be provided to 1806
employees in the service of the state who are exempt from 1807
collective bargaining coverage and are paid in accordance with 1808
section 124.152 of the Revised Code or are listed in division 1809
(B)(2) or (4) of section 124.14 of the Revised Code. On 1810
completing the review, the director of administrative services, 1811
with the approval of the director of budget and management, may 1812
provide to some or all of these employees any payment or benefit, 1813
except for salary, contained in such a collective bargaining 1814
agreement even if it is similar to a payment or benefit already 1815
provided by law to some or all of these employees. Any payment or 1816
benefit so provided shall not exceed the highest level for that 1817
payment or benefit specified in such a collective bargaining 1818
agreement. The director of administrative services shall not 1819
provide, and the director of budget and management shall not 1820
approve, any payment or benefit to such an employee under this 1821
division unless the payment or benefit is provided pursuant to a 1822
collective bargaining agreement to a state employee who is in a 1823
position with similar duties as, is supervised by, or is employed 1824
by the same appointing authority as, the employee to whom the 1825
benefit or payment is to be provided.1826

       As used in this division, "payment or benefit already 1827
provided by law" includes, but is not limited to, bereavement, 1828
personal, vacation, administrative, and sick leave, disability 1829
benefits, holiday pay, and pay supplements provided under the 1830
Revised Code, but does not include wages or salary.1831

       (E) New employees paid in accordance with schedule B of1832
division (A) of this section or schedule E-1 of section 124.152 of 1833
the Revised Code shall be employed at the minimum rate established 1834
for the range unless otherwise provided. Employees with 1835
qualifications that are beyond the minimum normally required for 1836
the position and that are determined by the director to be 1837
exceptional may be employed in, or may be transferred or promoted 1838
to, a position at an advanced step ofhigher salary or wage in the 1839
range. Further, in time of a serious labor market condition when 1840
it is relatively impossible to recruit employees at the minimum 1841
rate for a particular classification, the entrance rate may be set 1842
at an advanced stepa higher salary or wage in the range by the 1843
director of administrative services. This rate may be limited to 1844
geographical regions of the state. Appointments made to an 1845
advanced stepa higher salary or wage under the provision 1846
regarding exceptional qualifications shall not affect the step 1847
assignmentsalary or wage of employees already serving. However, 1848
anytime the hiring rate of an entire classification is advanced to 1849
a higher stepsalary or wage, all incumbents of that 1850
classification being paid at a step lower salary or wage than that 1851
being used for hiring, shall be advanced beginning at the start of 1852
the first pay period thereafter to the new hiring rate, and any 1853
time accrued at the lower step will be used to calculate 1854
advancement to a succeeding step. If the hiring rate of a 1855
classification is increased for only a geographical region of the 1856
state, only incumbents who work in that geographical region shall 1857
be advanced to a higher stepsalary or wage. When an employee in 1858
the unclassified service changes from one state position to 1859
another or is appointed to a position in the classified service, 1860
or if an employee in the classified service is appointed to a 1861
position in the unclassified service, the employee's salary or 1862
wage in the new position shall be determined in the same manner as 1863
if the employee were an employee in the classified service. When 1864
an employee in the unclassified service who is not eligible for 1865
step increases is appointed to a classification in the classified 1866
service under which step increases are provided, future step 1867
increases shall be based on the date on which the employee last 1868
received a pay increase. If the employee has not received an 1869
increase during the previous year, the date of the appointment to 1870
the classified service shall be used to determine the employee's 1871
annual step advancement eligibility date. In reassigning any 1872
employee to a classification resulting in a pay range increase or 1873
to a new pay range as a result of a promotion, an increase pay 1874
range adjustment, or other classification change resulting in a 1875
pay range increase, the director shall assign such employee to the 1876
stepa salary or wage in the new pay range that will provide an 1877
increase of approximately four per cent if the new pay range can 1878
accommodate the increase. When an employee is being assigned to a 1879
classification or new pay range as the result of a class plan 1880
change, if the employee has completed a probationary period, the 1881
employee shall be placed in a step no lower than step two of the 1882
new pay range. If the employee has not completed a probationary 1883
period, the employee may be placed in step one of the new pay 1884
range. Such new salary or wage shall become effective on such date 1885
as the director determines.1886

       (F) If employment conditions and the urgency of the work 1887
require such action, the director of administrative services may, 1888
upon the application of a department head, authorize payment at 1889
any rate established within the range for the class of work, for 1890
work of a casual or intermittent nature or on a project basis. 1891
Payment at such rates shall not be made to the same individual for 1892
more than three calendar months in any one calendar year. Any such 1893
action shall be subject to the approval of the director of budget 1894
and management as to the availability of funds. This section and 1895
sections 124.14 and 124.152 of the Revised Code do not repeal any 1896
authority of any department or public official to contract with or 1897
fix the compensation of professional persons who may be employed 1898
temporarily for work of a casual nature or for work on a project 1899
basis.1900

       (G)(1) Except as provided in divisionsdivision (G)(2) and 1901
(3) of this section, each state employee paid in accordance with 1902
schedule Bdivision (A) of this section or schedule E-1 of section 1903
124.152 of the Revised Code shall be eligible for advancement to1904
succeeding stepshigher salaries or wages in the range for the 1905
employee's class or grade according to the schedule established in 1906
this division. Beginning on the first day of the pay period within 1907
which the employee completes the prescribed probationary period in 1908
the employee's classification with the state, each employee shall 1909
receive an automatic salary adjustment equivalent to the next 1910
higher step within the pay range for the employee's class or 1911
grade.1912

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

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

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

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

       An employee who begins a probationary period before June 21, 1950
2009, shall advance to the next step in the employee's pay range 1951
at the end of probation, and then become subject to the 1952
moratorium. An employee who is hired, promoted, or reassigned to a 1953
higher pay range between June 21, 2009, through June 20, 2011, 1954
shall not advance to the next step in the employee's pay range 1955
until the next anniversary of the employee's date of hire, 1956
promotion, or reassignment that occurs on or after June 21, 2011.1957

       (b) The moratorium under division (G)(2)(a) of this section 1958
shall apply to the employees of the secretary of state, the 1959
auditor of state, the treasurer of state, and the attorney 1960
general, who are subject to this section unless the secretary of 1961
state, the auditor of state, the treasurer of state, or the 1962
attorney general decides to exempt the office's employees from the 1963
moratorium and so notifies the director of administrative services 1964
in writing on or before July 1, 2009.1965

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

       (H) Employees in appointive managerial or professional 1970
positions paid in accordance with schedule C of this section or 1971
schedule E-2 of section 124.152 of the Revised Code may be 1972
appointed at any rate within the appropriate pay range. This rate 1973
of pay may be adjusted higher or lower within the respective pay 1974
range at any time the appointing authority so desires as long as 1975
the adjustment is based on the employee's ability to successfully 1976
administer those duties assigned to the employee. Salary 1977
adjustments shall not be made more frequently than once in any 1978
six-month period under this provision to incumbents holding the 1979
same position and classification.1980

       (I) When an employee is assigned to duty outside this state, 1981
the employee may be compensated, upon request of the department 1982
head and with the approval of the director of administrative 1983
services, at a rate not to exceed fifty per cent in excess of the 1984
employee's current base rate for the period of time spent on that 1985
duty.1986

       (J) Unless compensation for members of a board or commission 1987
is otherwise specifically provided by law, the director of 1988
administrative services shall establish the rate and method of 1989
payment for members of boards and commissions pursuant to the pay 1990
schedules listed in section 124.152 of the Revised Code.1991

       (K) Regular full-time employees in positions assigned to 1992
classes within the instruction and education administration series 1993
under the rules of the director of administrative services, except 1994
certificated employees on the instructional staff of the state 1995
school for the blind or the state school for the deaf, whose 1996
positions are scheduled to work on the basis of an academic year 1997
rather than a full calendar year, shall be paid according to the 1998
pay range assigned by such rules but only during those pay periods 1999
included in the academic year of the school where the employee is 2000
located.2001

       (1) Part-time or substitute teachers or those whose period of 2002
employment is other than the full academic year shall be 2003
compensated for the actual time worked at the rate established by 2004
this section.2005

       (2) Employees governed by this division are exempt from 2006
sections 124.13 and 124.19 of the Revised Code.2007

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

       (L)(K) The superintendent of the state school for the deaf 2014
and the superintendent of the state school for the blind shall, 2015
subject to the approval of the superintendent of public 2016
instruction, carry out both of the following:2017

       (1) Annually, between the first day of April and the last day 2018
of June, establish for the ensuing fiscal year a schedule of 2019
hourly ratesrate ranges for the compensation of each certificated 2020
employee on the instructional staff of that superintendent's 2021
respective school constructed as follows:2022

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

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

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

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

       (e) One hundred five per cent of each product thus obtained 2041
shall be the hourly rate for the corresponding level of training, 2042
experience, or other professional qualification in the schedule 2043
for the ensuing fiscal year.2044

       (2) Annually, assign each certificated employee on the 2045
instructional staff of the superintendent's respective school to 2046
an hourly rate on the schedule that is commensurate with the 2047
employee's training, experience, and other professional 2048
qualifications.2049

       If an employee is employed on the basis of an academic year, 2050
the employee's annual salary shall be calculated by multiplying 2051
the employee's assigned hourly rate times one thousand seven 2052
hundred sixty. If an employee is not employed on the basis of an 2053
academic year, the employee's annual salary shall be calculated in 2054
accordance with the following formula:2055

       (a) Multiply the number of days the employee is required to 2056
work pursuant to the employee's contract by eight;2057

       (b) Multiply the product of division (L)(K)(2)(a) of this 2058
section by the employee's assigned hourly rate.2059

       Each employee shall be paid an annual salary in biweekly 2060
installments. The amount of each installment shall be calculated 2061
by dividing the employee's annual salary by the number of biweekly 2062
installments to be paid during the year.2063

       Sections 124.13 and 124.19 of the Revised Code do not apply 2064
to an employee who is paid under this division.2065

       As used in this division, "academic year" means the number of 2066
days in each school year that the schools are required to be open 2067
for instruction with pupils in attendance. Upon completing an 2068
academic year, an employee paid under this division shall be 2069
deemed to have completed one year of service. An employee paid 2070
under this division is eligible to receive a pay supplement under 2071
division (L)(K)(1), (2), or (3) of section 124.181 of the Revised 2072
Code for which the employee qualifies, but is not eligible to 2073
receive a pay supplement under division (L)(K)(4) or (5) of that 2074
section. An employee paid under this division is eligible to 2075
receive a pay supplement under division (L)(K)(6) of section 2076
124.181 of the Revised Code for which the employee qualifies, 2077
except that the supplement is not limited to a maximum of five per 2078
cent of the employee's regular base salary in a calendar year.2079

       (M)(L) Division (A) of this section does not apply to "exempt 2080
employees," as defined in section 124.152 of the Revised Code, who 2081
are paid under that section.2082

       Notwithstanding any other provisions of this chapter, when an 2083
employee transfers between bargaining units or transfers out of or 2084
into a bargaining unit, the director of administrative services 2085
shall establish the employee's compensation and adjust the maximum 2086
leave accrual schedule as the director deems equitable.2087

       Sec. 124.152.  (A)(1) Except as provided in divisions2088
division (A)(2) and (3) of this section, each exempt employee 2089
shall be paid a salary or wage in accordance with schedule E-1 or 2090
schedule E-2 of division (B) of this section.2091

       (2) Each exempt employee who holds a position in the 2092
unclassified civil service pursuant to division (A)(26) or (30) of 2093
section 124.11 of the Revised Code may be paid a salary or wage in 2094
accordance with schedule E-1, schedule E-1 for step seven only, or 2095
schedule E-2 of division (B) or (C) of this section, as 2096
applicable.2097

       (3)(a) Except as provided in division (A)(3)(b) of this 2098
section, each exempt employee who was paid a salary or wage at 2099
step 7 in the employee's pay range on June 28, 2003, in accordance 2100
with the applicable schedule E-1 of former section 124.152 of the 2101
Revised Code and who continued to be so paid on June 29, 2003, 2102
shall be paid a salary or wage in the corresponding pay range in 2103
schedule E-1 for step seven only of division (C) of this section 2104
for as long as the employee remains in the position the employee 2105
held as of July 1, 2003.2106

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

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

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

Schedule E-12128

Pay Ranges and Step Values
2129

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

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

Schedule E-22187

based upon performance within ranges established or modified in 2188
rules adopted by the director of administrative services. The 2189
director shall adopt rules to develop a performance pay system.2190

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

Schedule E-1 for Step Seven Only2196

Pay Ranges and Step Values
2197

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

       (D) As used in this section, "exempt employee" means a 2213
permanent full-time or permanent part-time employee paid directly 2214
by warrant of the director of budget and management whose position 2215
is included in the job classification plan established under 2216
division (A) of section 124.14 of the Revised Code but who is not 2217
considered a public employee for the purposes of Chapter 4117. of 2218
the Revised Code. As used in this section, "exempt employee" also 2219
includes a permanent full-time or permanent part-time employee of 2220
the secretary of state, auditor of state, treasurer of state, or 2221
attorney general who has not been placed in an appropriate 2222
bargaining unit by the state employment relations board.2223

       Sec. 124.181.  (A) Except as provided in divisions (M)(L)2224
and (P)(N) of this section, any employee paid in accordance with 2225
schedule B of section 124.15 or schedule E-1 or schedule E-1 for 2226
step seven only of section 124.152 of the Revised Code is eligible 2227
for the pay supplements provided in this section upon application 2228
by the appointing authority substantiating the employee's 2229
qualifications for the supplement and with the approval of the 2230
director of administrative services except as provided in division 2231
(E) of this section.2232

       (B)(1) Except as provided in section 124.183 of the Revised 2233
Code, in computing any of the pay supplements provided in this 2234
section for an employee paid in accordance with schedule B of2235
section 124.15 of the Revised Code, the classification salary base 2236
shall be the minimum hourly rate of the pay range, provided in 2237
that section, in which the employee is assigned at the time of 2238
computation.2239

       (2) Except as provided in section 124.183 of the Revised 2240
Code, in computing any of the pay supplements provided in this 2241
section for an employee paid in accordance with schedule E-1 of2242
section 124.152 of the Revised Code, the classification salary 2243
base shall be the minimum hourly rate of the pay range, provided 2244
in that section, in which the employee is assigned at the time of 2245
computation.2246

       (3) Except as provided in section 124.183 of the Revised 2247
Code, in computing any of the pay supplements provided in this 2248
section for an employee paid in accordance with schedule E-1 for 2249
step seven only of section 124.152 of the Revised Code, the 2250
classification salary base shall be the minimum hourly rate in the 2251
corresponding pay range, provided in schedule E-1 of that section,2252
to which the employee is assigned at the time of the computation.2253

       (C) The effective date of any pay supplement, except as 2254
provided in section 124.183 of the Revised Code or unless 2255
otherwise provided in this section, shall be determined by the 2256
director.2257

       (D) The director shall, by rule, establish standards 2258
regarding the administration of this section.2259

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

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

       (3) There shall be a moratorium on employees' receipt under 2297
this division of credit for service with the state government or 2298
any of its political subdivisions during the period from July 1, 2299
2003, through June 30, 2005. In calculating the number of years of 2300
total service under this division, no credit shall be included for 2301
service during the moratorium. The moratorium shall apply to the 2302
employees of the secretary of state, the auditor of state, the 2303
treasurer of state, and the attorney general, who are subject to 2304
this section unless the secretary of state, the auditor of state, 2305
the treasurer of state, or the attorney general decides to exempt 2306
the office's employees from the moratorium and so notifies the 2307
director of administrative services in writing on or before July 2308
1, 2003.2309

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

       (F) When an exceptional condition exists that creates a 2319
temporary or a permanent hazard for one or more positions in a 2320
class paid in accordance with schedule B of section 124.15 of the 2321
Revised Code or in accordance with schedule E-1 or schedule E-1 2322
for step seven only of section 124.152 of the Revised Code, a 2323
special hazard salary adjustment may be granted for the time the 2324
employee is subjected to the hazardous condition. All special 2325
hazard conditions shall be identified for each position and 2326
incidence from information submitted to the director on an 2327
appropriate form provided by the director and categorized into 2328
standard conditions of: some unusual hazard not common to the 2329
class; considerable unusual hazard not common to the class; and 2330
exceptional hazard not common to the class.2331

       (1) A hazardous salary adjustment of five per cent of the 2332
employee's classification salary base may be applied in the case 2333
of some unusual hazardous condition not common to the class for 2334
those hours worked, or a fraction of those hours worked, while the 2335
employee was subject to the unusual hazard condition.2336

       (2) A hazardous salary adjustment of seven and one-half per 2337
cent of the employee's classification salary base may be applied 2338
in the case of some considerable hazardous condition not common to 2339
the class for those hours worked, or a fraction of those hours 2340
worked, while the employee was subject to the considerable hazard 2341
condition.2342

       (3) A hazardous salary adjustment of ten per cent of the 2343
employee's classification salary base may be applied in the case 2344
of some exceptional hazardous condition not common to the class 2345
for those hours worked, or a fraction of those hours worked, when 2346
the employee was subject to the exceptional hazard condition.2347

       (4) Each claim for temporary hazard pay shall be submitted as 2348
a separate payment and shall be subject to an administrative audit 2349
by the director as to the extent and duration of the employee's 2350
exposure to the hazardous condition.2351

       (G)(F) When a full-time employee whose salary or wage is paid 2352
directly by warrant of the director of budget and management and 2353
who also is eligible for overtime under the "Fair Labor Standards 2354
Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, is 2355
ordered by the appointing authority to report back to work after 2356
termination of the employee's regular work schedule and the 2357
employee reports, the employee shall be paid for such time. The 2358
employee shall be entitled to four hours at the employee's total 2359
rate of pay or overtime compensation for the actual hours worked, 2360
whichever is greater. This division does not apply to work that is 2361
a continuation of or immediately preceding an employee's regular 2362
work schedule.2363

       (H)(G) When a certain position or positions paid in 2364
accordance with schedule B of section 124.15 of the Revised Code 2365
or in accordance with schedule E-1 or schedule E-1 for step seven 2366
only of section 124.152 of the Revised Code require the ability to 2367
speak or write a language other than English, a special pay 2368
supplement may be granted to attract bilingual individuals, to 2369
encourage present employees to become proficient in other 2370
languages, or to retain qualified bilingual employees. The 2371
bilingual pay supplement provided in this division may be granted 2372
in the amount of five per cent of the employee's classification 2373
salary base for each required foreign language and shall remain in 2374
effect as long as the bilingual requirement exists.2375

       (I)(H) The director of administrative services may establish 2376
a shift differential for employees. The differential shall be paid 2377
to employees in positions working in other than the regular or 2378
first shift. In those divisions or agencies where only one shift 2379
prevails, no shift differential shall be paid regardless of the 2380
hours of the day that are worked. The director and the appointing 2381
authority shall designate which positions shall be covered by this 2382
division.2383

       (J)(I) Whenever an employee is assigned to work in a higher 2384
level position for a continuous period of more than two weeks but 2385
no more than two years because of a vacancy, the employee's pay 2386
may be established at a rate that is approximately four per cent 2387
above the employee's current base rate for the period the employee 2388
occupies the position, provided that this temporary occupancy is 2389
approved by the director. Employees paid under this division shall 2390
continue to receive any of the pay supplements due them under 2391
other divisions of this section based on the step one2392
classification salary base rate for their normal classification.2393

       (K)(J) If a certain position, or positions, within a class 2394
paid in accordance with schedule B of section 124.15 of the 2395
Revised Code or in accordance with schedule E-1 or schedule E-1 2396
for step seven only of section 124.152 of the Revised Code are 2397
mandated by state or federal law or regulation or other regulatory 2398
agency or other certification authority to have special technical 2399
certification, registration, or licensing to perform the functions 2400
which are under the mandate, a special professional achievement 2401
pay supplement may be granted. This special professional 2402
achievement pay supplement shall not be granted when all 2403
incumbents in all positions in a class require a license as 2404
provided in the classification description published by the 2405
department of administrative services; to licensees where no 2406
special or extensive training is required; when certification is 2407
granted upon completion of a stipulated term of in-service 2408
training; when an appointing authority has required certification; 2409
or any other condition prescribed by the director.2410

       (1) Before this supplement may be applied, evidence as to the 2411
requirement must be provided by the agency for each position 2412
involved, and certification must be received from the director as 2413
to the director's concurrence for each of the positions so 2414
affected.2415

       (2) The professional achievement pay supplement provided in 2416
this division shall be granted in an amount up to ten per cent of 2417
the employee's classification salary base and shall remain in 2418
effect as long as the mandate exists.2419

       (L)(K) Those employees assigned to teaching supervisory, 2420
principal, assistant principal, or superintendent positions who 2421
have attained a higher educational level than a basic bachelor's 2422
degree may receive an educational pay supplement to remain in 2423
effect as long as the employee's assignment and classification 2424
remain the same.2425

       (1) An educational pay supplement of two and one-half per 2426
cent of the employee's classification salary base may be applied 2427
upon the achievement of a bachelor's degree plus twenty quarter 2428
hours of postgraduate work.2429

       (2) An educational pay supplement of an additional five per 2430
cent of the employee's classification salary base may be applied 2431
upon achievement of a master's degree.2432

       (3) An educational pay supplement of an additional two and 2433
one-half per cent of the employee's classification salary base may 2434
be applied upon achievement of a master's degree plus thirty 2435
quarter hours of postgraduate work.2436

       (4) An educational pay supplement of five per cent of the 2437
employee's classification salary base may be applied when the 2438
employee is performing as a master teacher.2439

       (5) An educational pay supplement of five per cent of the 2440
employee's classification salary base may be applied when the 2441
employee is performing as a special education teacher.2442

       (6) Those employees in teaching supervisory, principal, 2443
assistant principal, or superintendent positions who are 2444
responsible for specific extracurricular activity programs shall 2445
receive overtime pay for those hours worked in excess of their 2446
normal schedule, at their straight time hourly rate up to a 2447
maximum of five per cent of their regular base salary in any 2448
calendar year.2449

       (M)(L)(1) A state agency, board, or commission may establish 2450
a supplementary compensation schedule based upon performance for 2451
those licensed physicians employed by the agency, board, or 2452
commission in positions requiring a licensed physician. The 2453
supplementary compensation schedule, together with the 2454
compensation otherwise authorized by this chapter, shall provide 2455
for the total compensation for these employees to range 2456
appropriately, but not necessarily uniformly, for each 2457
classification title requiring a licensed physician, in accordance 2458
with a schedule approved by the state controlling board. The 2459
individual salary levels recommended for each such physician 2460
employed shall be approved by the director. Notwithstanding 2461
section 124.11 of the Revised Code, such personnel are in the 2462
unclassified civil service.2463

       (2) The director of administrative services may approve 2464
supplementary compensation for the director of health, if the 2465
director is a licensed physician, in accordance with a 2466
supplementary compensation schedule approved under division 2467
(M)(L)(1) of this section or in accordance with another 2468
supplementary compensation schedule the director of administrative 2469
services considers appropriate. The supplementary compensation 2470
shall not exceed twenty per cent of the director of health's base 2471
rate of pay.2472

       (N) Notwithstanding sections 117.28, 117.30, 117.33, 117.36, 2473
117.42, and 131.02 of the Revised Code, the state shall not 2474
institute any civil action to recover and shall not seek 2475
reimbursement for overpayments made in violation of division (E) 2476
of this section or division (C) of section 9.44 of the Revised 2477
Code for the period starting after June 24, 1987, and ending on 2478
October 31, 1993.2479

       (O)(M) Employees of the office of the treasurer of state who 2480
are exempt from collective bargaining coverage may be granted a 2481
meritperformance pay supplement of up to one and one-half per 2482
cent of their stepsalary or wage rate. The rate at which this 2483
supplement is granted shall be based on performance standards 2484
established by the treasurer of state. Any supplements granted 2485
under this division shall be administered on an annual basis.2486

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

       (Q)(O) Employees of the office of the auditor of state who 2490
are exempt from collective bargaining and who are paid in 2491
accordance with schedule E-1 or in accordance with schedule E-1 2492
for step 7 only and are paid a salary or wage in accordance with 2493
the schedule of rates in division (B) or (C) of section 124.152 of 2494
the Revised Code shall receive a reduction of two per cent in 2495
their hourly and annual pay calculation beginning with the pay 2496
period that immediately follows July 1, 2009.2497

       Sec. 124.322.  Whenever a reduction in the work force is 2498
necessary, the appointing authority of an agency shall decide in 2499
which classification or classifications the layoff or layoffs will 2500
occur and the number of employees to be laid off within each 2501
affected classification. The director of administrative services 2502
shall adopt rules, under Chapter 119. of the Revised Code, 2503
establishing a method for determining layoff procedures and an 2504
order of layoff of, and the displacement and recall of, laid-off 2505
state and county employees. Layoffs, job abolishments, and 2506
displacements shall be governed by the Revised Code or the rules 2507
adopted pursuant to it that are in effect at the time the 2508
appointing authority files the statement of rationale and 2509
supporting documentation in accordance with section 124.321 of the 2510
Revised Code, as applicable. Otherwise, layoffs, job abolishments, 2511
and displacements shall be governed by the Revised Code or the 2512
rules adopted pursuant to it that are in effect at the time of 2513
notification of layoff or displacement to the employee.2514

       The order of layoff in those rules shall be based in part on 2515
length of service and may include efficiency in service, 2516
appointment type, or similar other factors the director considers 2517
appropriate; however, the rules shall prohibit an agency from 2518
using an employee's length of service as the only factor to 2519
determine whether to lay off the employee. If the director 2520
establishes relative efficiency as a criterion to be used in 2521
determining order of layoff for state and county employees, credit 2522
for efficiency may be other than ten per cent of total retention 2523
points.2524

       Sec. 124.325.  (A) An appointing authority shall calculate an 2525
employee's retention points based upon length of service, 2526
efficiency of service, and other similar factors the director of 2527
administrative services, in the rules the director adopts for 2528
state or county employees under section 124.322 of the Revised 2529
Code, or the appointing authority, as applicable, determines is 2530
appropriate. Retention points to reflect the length of continuous 2531
service and efficiency in service for all employees affected by a 2532
layoff shall be verified by the director of administrative 2533
services for positions in the service of the state.2534

       (B) An employee's length of continuous service will be 2535
carried from one layoff jurisdiction to another so long as no 2536
break in service occurs between transfers or appointments.2537

        (C) If(1) Except as otherwise provided in division (C)(2) of 2538
this section, an appointing authority shall adopt rules to 2539
determine which employee the appointing authority shall lay off 2540
first if two or more employees have an identical number of 2541
retention points, employees having the shortest period of 2542
continuous service shall be laid off first.2543

       (2) The director shall adopt rules in accordance with Chapter 2544
119. of the Revised Code to establish a system for the assignment 2545
of retention points for each employee in the service of the state 2546
in a classification affected by a layoff and for determining, in 2547
those instances where employees in the service of the state have 2548
identical retention points, which employee shall be laid off 2549
first. The rules shall permit an appointing authority to consider 2550
the number of management and nonmanagement employees when 2551
determining which employees to lay off.2552

       (D)(1) As used in this division, "affected employee" means a 2553
city employee who becomes a county employee, or a county employee 2554
who becomes a city employee, as the result of any of the 2555
following:2556

       (a) The merger of a city and a county office;2557

       (b) The merger of city and county functions or duties;2558

       (c) The transfer of functions or duties between a city and 2559
county.2560

       (2) For purposes of this section, the new employer of any 2561
affected employee shall treat the employee's prior service with a 2562
former employer as if it had been served with the new employer.2563

       (E) The director of administrative services shall adopt rules 2564
in accordance with Chapter 119. of the Revised Code to establish a 2565
system for the assignment of retention points for each employee in 2566
the service of the state in a classification affected by a layoff 2567
and for determining, in those instances where employees in the 2568
service of the state have identical retention points, which 2569
employee shall be laid off first.2570

       Sec. 124.34.  (A) The tenure of every officer or employee in 2571
the classified service of the state and the counties, civil 2572
service townships, cities, city health districts, general health 2573
districts, and city school districts of the state, holding a 2574
position under this chapter, shall be during good behavior and 2575
efficient service. No officer or employee shall be reduced in pay 2576
or position, fined, suspended, or removed, or have the officer's 2577
or employee's longevity reduced or eliminated, except as provided 2578
in section 124.32 of the Revised Code, and for incompetency, 2579
inefficiency, dishonesty, drunkenness, immoral conduct, 2580
insubordination, discourteous treatment of the public, neglect of 2581
duty, violation of any policy or work rule of the officer's or 2582
employee's appointing authority, violation of this chapter or the 2583
rules of the director of administrative services or the 2584
commission, any other failure of good behavior, any other acts of 2585
misfeasance, malfeasance, or nonfeasance in office, or conviction 2586
of a felony. The denial of a one-time pay supplement or a bonus to 2587
an officer or employee is not a reduction in pay for purposes of 2588
this section.2589

       This section does not apply to any modifications or 2590
reductions in pay authorized by division (Q)(O) of section 124.181 2591
or section 124.392 or 124.393 of the Revised Code.2592

       An appointing authority may require an employee who is 2593
suspended to report to work to serve the suspension. An employee 2594
serving a suspension in this manner shall continue to be 2595
compensated at the employee's regular rate of pay for hours 2596
worked. The disciplinary action shall be recorded in the 2597
employee's personnel file in the same manner as other disciplinary 2598
actions and has the same effect as a suspension without pay for 2599
the purpose of recording disciplinary actions.2600

       A finding by the appropriate ethics commission, based upon a 2601
preponderance of the evidence, that the facts alleged in a 2602
complaint under section 102.06 of the Revised Code constitute a 2603
violation of Chapter 102., section 2921.42, or section 2921.43 of 2604
the Revised Code may constitute grounds for dismissal. Failure to 2605
file a statement or falsely filing a statement required by section 2606
102.02 of the Revised Code may also constitute grounds for 2607
dismissal. The tenure of an employee in the career professional 2608
service of the department of transportation is subject to section 2609
5501.20 of the Revised Code.2610

       Conviction of a felony is a separate basis for reducing in 2611
pay or position, suspending, or removing an officer or employee, 2612
even if the officer or employee has already been reduced in pay or 2613
position, suspended, or removed for the same conduct that is the 2614
basis of the felony. An officer or employee may not appeal to the 2615
state personnel board of review or the commission any disciplinary 2616
action taken by an appointing authority as a result of the 2617
officer's or employee's conviction of a felony. If an officer or 2618
employee removed under this section is reinstated as a result of 2619
an appeal of the removal, any conviction of a felony that occurs 2620
during the pendency of the appeal is a basis for further 2621
disciplinary action under this section upon the officer's or 2622
employee's reinstatement.2623

       A person convicted of a felony immediately forfeits the 2624
person's status as a classified employee in any public employment 2625
on and after the date of the conviction for the felony. If an 2626
officer or employee is removed under this section as a result of 2627
being convicted of a felony or is subsequently convicted of a 2628
felony that involves the same conduct that was the basis for the 2629
removal, the officer or employee is barred from receiving any 2630
compensation after the removal notwithstanding any modification or 2631
disaffirmance of the removal, unless the conviction for the felony 2632
is subsequently reversed or annulled.2633

       Any person removed for conviction of a felony is entitled to 2634
a cash payment for any accrued but unused sick, personal, and 2635
vacation leave as authorized by law. If subsequently reemployed in 2636
the public sector, the person shall qualify for and accrue these 2637
forms of leave in the manner specified by law for a newly 2638
appointed employee and shall not be credited with prior public 2639
service for the purpose of receiving these forms of leave.2640

       As used in this division, "felony" means any of the 2641
following:2642

       (1) A felony that is an offense of violence as defined in 2643
section 2901.01 of the Revised Code;2644

       (2) A felony that is a felony drug abuse offense as defined 2645
in section 2925.01 of the Revised Code;2646

       (3) A felony under the laws of this or any other state or the 2647
United States that is a crime of moral turpitude;2648

       (4) A felony involving dishonesty, fraud, or theft;2649

       (5) A felony that is a violation of section 2921.05, 2921.32, 2650
or 2921.42 of the Revised Code.2651

       (B) In case of a reduction, a suspension of more than forty 2652
work hours in the case of an employee exempt from the payment of 2653
overtime compensation, a suspension of more than twenty-four work 2654
hours in the case of an employee required to be paid overtime 2655
compensation, a fine of more than forty hours' pay in the case of 2656
an employee exempt from the payment of overtime compensation, a 2657
fine of more than twenty-four hours' pay in the case of an 2658
employee required to be paid overtime compensation, or removal, 2659
except for the reduction or removal of a probationary employee, 2660
the appointing authority shall serve the employee with a copy of 2661
the order of reduction, fine, suspension, or removal, which order 2662
shall state the reasons for the action.2663

       Within ten days following the date on which the order is 2664
served or, in the case of an employee in the career professional 2665
service of the department of transportation, within ten days 2666
following the filing of a removal order, the employee, except as 2667
otherwise provided in this section, may file an appeal of the 2668
order in writing with the state personnel board of review or the 2669
commission. For purposes of this section, the date on which an 2670
order is served is the date of hand delivery of the order or the 2671
date of delivery of the order by certified United States mail, 2672
whichever occurs first. If an appeal is filed, the board or 2673
commission shall forthwith notify the appointing authority and 2674
shall hear, or appoint a trial board to hear, the appeal within 2675
thirty days from and after its filing with the board or 2676
commission. The board, commission, or trial board may affirm, 2677
disaffirm, or modify the judgment of the appointing authority. 2678
However, in an appeal of a removal order based upon a violation of 2679
a last chance agreement, the board, commission, or trial board may 2680
only determine if the employee violated the agreement and thus 2681
affirm or disaffirm the judgment of the appointing authority.2682

       In cases of removal or reduction in pay for disciplinary 2683
reasons, either the appointing authority or the officer or 2684
employee may appeal from the decision of the state personnel board 2685
of review or the commission, and any such appeal shall be to the 2686
court of common pleas of the county in which the appointing 2687
authority is located, or to the court of common pleas of Franklin 2688
county, as provided by section 119.12 of the Revised Code.2689

       (C) In the case of the suspension for any period of time, or 2690
a fine, demotion, or removal, of a chief of police, a chief of a 2691
fire department, or any member of the police or fire department of 2692
a city or civil service township, who is in the classified civil 2693
service, the appointing authority shall furnish the chief or 2694
member with a copy of the order of suspension, fine, demotion, or 2695
removal, which order shall state the reasons for the action. The 2696
order shall be filed with the municipal or civil service township 2697
civil service commission. Within ten days following the filing of 2698
the order, the chief or member may file an appeal, in writing, 2699
with the commission. If an appeal is filed, the commission shall 2700
forthwith notify the appointing authority and shall hear, or 2701
appoint a trial board to hear, the appeal within thirty days from 2702
and after its filing with the commission, and it may affirm, 2703
disaffirm, or modify the judgment of the appointing authority. An 2704
appeal on questions of law and fact may be had from the decision 2705
of the commission to the court of common pleas in the county in 2706
which the city or civil service township is situated. The appeal 2707
shall be taken within thirty days from the finding of the 2708
commission.2709

       (D) A violation of division (A)(7) of section 2907.03 of the 2710
Revised Code is grounds for termination of employment of a 2711
nonteaching employee under this section.2712

       (E) As used in this section, "last chance agreement" means an 2713
agreement signed by both an appointing authority and an officer or 2714
employee of the appointing authority that describes the type of 2715
behavior or circumstances that, if it occurs, will automatically 2716
lead to removal of the officer or employee without the right of 2717
appeal to the state personnel board of review or the appropriate 2718
commission.2719

       Sec. 124.38.  Each of the following shall be entitled for 2720
each completed eighty hours of service to sick leave of fourthree2721
and six-tenthsone-tenth hours with pay:2722

       (A) Employees in the various offices of the county, 2723
municipal, and civil service township service, other than 2724
superintendents and management employees, as defined in section 2725
5126.20 of the Revised Code, of county boards of developmental 2726
disabilities;2727

       (B) Employees of any state college or university;2728

       (C) Employees of any board of education for whom sick leave 2729
is not provided by section 3319.141 of the Revised Code.2730

       Employees may use sick leave, upon approval of the 2731
responsible administrative officer of the employing unit, for 2732
absence due to personal illness, pregnancy, injury, exposure to 2733
contagious disease that could be communicated to other employees, 2734
and illness, injury, or death in the employee's immediate family. 2735
Unused sick leave shall be cumulative without limit. When sick 2736
leave is used, it shall be deducted from the employee's credit on 2737
the basis of one hour for every one hour of absence from 2738
previously scheduled work. 2739

       The previously accumulated sick leave of an employee who has 2740
been separated from the public service shall be placed to the 2741
employee's credit upon the employee's re-employment in the public 2742
service, provided that the re-employment takes place within ten 2743
years of the date on which the employee was last terminated from 2744
public service. This ten-year period shall be tolled for any 2745
period during which the employee holds elective public office, 2746
whether by election or by appointment.2747

       An employee who transfers from one public agency to another 2748
shall be credited with the unused balance of the employee's 2749
accumulated sick leave up to the maximum of the sick leave 2750
accumulation permitted in the public agency to which the employee 2751
transfers. 2752

       The appointing authorities of the various offices of the 2753
county service may permit all or any part of a person's accrued 2754
but unused sick leave acquired during service with any regional 2755
council of government established in accordance with Chapter 167. 2756
of the Revised Code to be credited to the employee upon a transfer 2757
as if the employee were transferring from one public agency to 2758
another under this section.2759

       The appointing authority of each employing unit shall require 2760
an employee to furnish a satisfactory written, signed statement to 2761
justify the use of sick leave. If medical attention is required, a 2762
certificate stating the nature of the illness from a licensed 2763
physician shall be required to justify the use of sick leave. 2764
Falsification of either a written, signed statement or a 2765
physician's certificate shall be grounds for disciplinary action, 2766
including dismissal.2767

       This section does not interfere with existing unused sick 2768
leave credit in any agency of government where attendance records 2769
are maintained and credit has been given employees for unused sick 2770
leave.2771

       Notwithstanding this section or any other section of the 2772
Revised Code, any appointing authority of a county office, 2773
department, commission, board, or body may, upon notification to 2774
the board of county commissioners, establish alternative schedules 2775
of sick leave for employees of the appointing authority for whom 2776
the state employment relations board has not established an 2777
appropriate bargaining unit pursuant to section 4117.06 of the 2778
Revised Code, as long as the alternative schedules are not 2779
inconsistent with the provisions of at least one collective 2780
bargaining agreement covering other employees of that appointing 2781
authority, if such a collective bargaining agreement exists. If no 2782
such collective bargaining agreement exists, an appointing 2783
authority may, upon notification to the board of county 2784
commissioners, establish an alternative schedule of sick leave for 2785
its employees that does not diminish the sick leave benefits 2786
granted by this section.2787

       Any sick leave that a board of education awards shall be 2788
awarded in accordance with the leave policy the board adopts 2789
pursuant to section 3319.141 of the Revised Code.2790

       Sec. 124.382.  (A) As used in this section and sections 2791
124.383, 124.386, 124.387, and 124.388 of the Revised Code:2792

       (1) "Pay period" means the fourteen-day period of time during 2793
which the payroll is accumulated, as determined by the director of 2794
administrative services.2795

       (2) "Active pay status" means the conditions under which an 2796
employee is eligible to receive pay, and includes, but is not 2797
limited to, vacation leave, sick leave, personal leave, 2798
bereavement leave, and administrative leave.2799

       (3) "No pay status" means the conditions under which an 2800
employee is ineligible to receive pay and includes, but is not 2801
limited to, leave without pay, leave of absence, and disability 2802
leave.2803

       (4) "Disability leave" means the leave granted pursuant to 2804
section 124.385 of the Revised Code.2805

       (5) "Full-time permanent employee" means an employee whose 2806
regular hours of duty total eighty hours in a pay period in a 2807
state agency and whose appointment is not for a limited period of 2808
time.2809

       (6) "Base rate of pay" means the rate of pay established 2810
under schedule B or C of section 124.15 or section 124.152 of the 2811
Revised Code or under schedule E-1, schedule E-1 for step seven 2812
only, or schedule E-2 of section 124.152 of the Revised Code, plus 2813
any supplement provided under section 124.181 of the Revised Code, 2814
plus any supplements enacted into law which are added to schedule 2815
B or C of section 124.15 of the Revised Code or to schedule E-1, 2816
schedule E-1 for step seven only, or schedule E-2 of section 2817
124.152 of the Revised Code.2818

       (7) "Part-time permanent employee" means an employee whose 2819
regular hours of duty total less than eighty hours in a pay period 2820
in a state agency and whose appointment is not for a limited 2821
period of time.2822

       (B) Each full-time permanent and part-time permanent employee 2823
whose salary or wage is paid directly by warrant of the director 2824
of budget and management shall be credited with sick leave of 2825
three and one-tenth hours for each completed eighty hours of 2826
service, excluding overtime hours worked. Sick leave is not 2827
available for use until it appears on the employee's earning 2828
statement and the compensation described in the earning statement 2829
is available to the employee.2830

       (C) Any sick leave credit provided pursuant to division (B) 2831
of this section, remaining as of the last day of the pay period 2832
preceding the first paycheck the employee receives in December, 2833
shall be converted pursuant to section 124.383 of the Revised 2834
Code.2835

       (D) Employees may use sick leave, provided a credit balance 2836
is available, upon approval of the responsible administrative 2837
officer of the employing unit, for absence due to personal 2838
illness, pregnancy, injury, exposure to contagious disease that 2839
could be communicated to other employees, and illness, injury, or 2840
death in the employee's immediate family. When sick leave is used, 2841
it shall be deducted from the employee's credit on the basis of 2842
absence from previously scheduled work in such increments of an 2843
hour and at such a compensation rate as the director of 2844
administrative services determines. The appointing authority of 2845
each employing unit may require an employee to furnish a 2846
satisfactory, signed statement to justify the use of sick leave.2847

       If, after having utilized the credit provided by this 2848
section, an employee utilizes sick leave that was accumulated 2849
prior to November 15, 1981, compensation for such sick leave used 2850
shall be at a rate as the director determines.2851

       (E)(1) The previously accumulated sick leave balance of an 2852
employee who has been separated from the public service, for which 2853
separation payments pursuant to section 124.384 of the Revised 2854
Code have not been made, shall be placed to the employee's credit 2855
upon the employee's reemployment in the public service, if the 2856
reemployment takes place within ten years of the date on which the 2857
employee was last terminated from public service.2858

       (2) The previously accumulated sick leave balance of an 2859
employee who has separated from a school district shall be placed 2860
to the employee's credit upon the employee's appointment as an 2861
unclassified employee of the state department of education, if all 2862
of the following apply:2863

       (a) The employee accumulated the sick leave balance while 2864
employed by the school district.2865

       (b) The employee did not receive any separation payments for 2866
the sick leave balance.2867

       (c) The employee's employment with the department takes place 2868
within ten years after the date on which the employee separated 2869
from the school district.2870

       (F) An employee who transfers from one public agency to 2871
another shall be credited with the unused balance of the 2872
employee's accumulated sick leave.2873

       (G) The director of administrative services shall establish 2874
procedures to uniformly administer this section. No sick leave may 2875
be granted to a state employee upon or after the employee's 2876
retirement or termination of employment.2877

       (H) As used in this division, "active payroll" means 2878
conditions under which an employee is in active pay status or 2879
eligible to receive pay for an approved leave of absence, 2880
including, but not limited to, occupational injury leave, 2881
disability leave, or workers' compensation.2882

       (1) Employees who are in active payroll status on June 18, 2883
2011, shall receive a one-time credit of additional sick leave in 2884
the pay period that begins on July 1, 2011. Full-time employees 2885
shall receive the lesser of either a one-time credit of thirty-two 2886
hours of additional sick leave or a one-time credit of additional 2887
sick leave equivalent to half the hours of personal leave the 2888
employee lost during the moratorium established under either 2889
division (A) of section 124.386 of the Revised Code or pursuant to 2890
a rule of the director of administrative services. Part-time 2891
employees shall receive a one-time credit of sixteen hours of 2892
additional sick leave.2893

       (2) Employees who are not in active payroll status due to 2894
military leave or an absence taken in accordance with the federal 2895
"Family and Medical Leave Act" are eligible to receive the 2896
one-time additional sick leave credit.2897

       (3) The one-time additional sick leave credit does not apply 2898
to employees of the supreme court, general assembly, legislative 2899
service commission, secretary of state, auditor of state, 2900
treasurer of state, or attorney general unless the supreme court, 2901
general assembly, legislative service commission, secretary of 2902
state, auditor of state, treasurer of state, or attorney general 2903
participated in the moratorium under division (H) or (I) of 2904
section 124.386 of the Revised Code and notifies in writing the 2905
director of administrative services on or before June 1, 2011, of 2906
the decision to participate in the one-time additional sick leave 2907
credit. Written notice under this division shall be signed by the 2908
appointing authority for employees of the supreme court, general 2909
assembly, or legislative service commission, as the case may be.2910

       Sec. 124.388.  (A) AnExcept as otherwise provided in 2911
division (C) of this section, an appointing authority may, in its 2912
discretion, place an employee on administrative leave with pay. 2913
Administrative leave with pay is to be used only in circumstances 2914
where the health or safety of an employee or of any person or 2915
property entrusted to the employee's care could be adversely 2916
affected. Compensation for administrative leave with pay shall be 2917
equal to the employee's base rate of pay. The length of 2918
administrative leave with pay is solely at the discretion of the 2919
appointing authority, but shall not exceed the length of the 2920
situation for which the leave was granted. An appointing authority 2921
may also grant administrative leave with pay of two days or less 2922
for employees who are moved in accordance with section 124.33 of 2923
the Revised Code.2924

       (B) AnExcept as otherwise provided in division (C) of this 2925
section, an appointing authority may, in its discretion, place an 2926
employee on administrative leave without pay for a period not to 2927
exceed two months, if the employee has been charged with a 2928
violation of law that is punishable as a felony. If the employee 2929
subsequently does not plead guilty to or is not found guilty of a 2930
felony with which the employee is charged or any other felony, the 2931
appointing authority shall pay the employee at the employee's base 2932
rate of pay, plus interest, for the period the employee was on the 2933
unpaid administrative leave.2934

       (C) An appointing authority that is a city school district 2935
may place an employee on administrative leave in accordance with 2936
the policy the board of education of the district adopts pursuant 2937
to section 3319.141 of the Revised Code.2938

       Sec. 124.39.  As used in this section, "retirement" means 2939
disability or service retirement under any state or municipal 2940
retirement system in this state.2941

       (A)(1) Except as provided in division (A)(3) of this section, 2942
an employee of a state college or university may elect, at the 2943
time of retirement from active service and with ten or more years 2944
of service with the state or any of its political subdivisions, to 2945
be paid in cash for one-fourth of the value of the employee's 2946
accrued but unused sick leave credit. Such payment shall be based 2947
on the employee's rate of pay at the time of retirement. Payment 2948
for sick leave on this basis shall be considered to eliminate all 2949
sick leave credit accrued by the employee at that time. Such 2950
payment shall be made only once to any employee. The maximum 2951
payment which may be made under this division shall be for 2952
one-fourth of one hundred twenty days.2953

       (2) A state college or university may adopt a policy allowing 2954
an employee to receive payment for more than one-fourth the value 2955
of the employee's unused sick leave or for more than the aggregate 2956
value of thirty days of the employee's unused sick leave, or 2957
allowing the number of years of service to be less than ten.2958

       (3) Notwithstanding the provisions of division (A)(1) of this 2959
section, any employee who retired from the university of 2960
Cincinnati on or after September 25, 1978, and on or before 2961
November 15, 1981, may be paid in cash for up to one-half of the 2962
value of the employee's accrued but unused sick leave credit up to 2963
a maximum of sixty days if the employee otherwise meets the 2964
service and other requirements necessary to receive such payment 2965
and if any such payment has deducted from it any amount previously 2966
paid to the employee from the employee's accrued but unused sick 2967
leave credit at the time of the employee's retirement.2968

       (B) Except as provided in division (C) of this section, an 2969
employee of a political subdivision covered by section 124.38 or 2970
3319.141 of the Revised Code may elect, at the time of retirement 2971
from active service with the political subdivision, and with ten 2972
or more years of service with the state, any political 2973
subdivisions, or any combination thereof, to be paid in cash for 2974
one-fourth the value of the employee's accrued but unused sick 2975
leave credit. The payment shall be based on the employee's rate of 2976
pay at the time of retirement and eliminates all sick leave credit 2977
accrued but unused by the employee at the time payment is made. An 2978
employee may receive one or more payments under this division, but 2979
the aggregate value of accrued but unused sick leave credit that 2980
is paid shall not exceed, for all payments, the value of thirty 2981
days of accrued but unused sick leave.2982

       (C) A political subdivision may adopt a policy allowing an 2983
employee to receive payment for more than one-fourth the value of 2984
the employee's unused sick leave or for more than the aggregate 2985
value of thirty days of the employee's unused sick leave, or 2986
allowing the number of years of service to be less than ten. The 2987
political subdivision may also adopt a policy permitting an 2988
employee to receive payment upon a termination of employment other 2989
than retirement or permitting more than one payment to any 2990
employee. Any policy adopted under this division by a political 2991
subdivision that is a city school district shall comply with the 2992
policy the board of education of the district adopts pursuant to 2993
section 3319.141 of the Revised Code.2994

       Notwithstanding section 325.17 or any other section of the 2995
Revised Code authorizing any appointing authority of a county 2996
office, department, commission, or board to set compensation, any 2997
modification of the right provided by division (B) of this 2998
section, and any policy adopted under division (C) of this 2999
section, shall only apply to a county office, department, 3000
commission, or board if it is adopted in one of the following 3001
ways:3002

       (1) By resolution of the board of county commissioners for 3003
any office, department, commission, or board that receives at 3004
least one-half of its funding from the county general revenue 3005
fund;3006

       (2) By order of any appointing authority of a county office, 3007
department, commission, or board that receives less than one-half 3008
of its funding from the county general revenue fund. Such office, 3009
department, commission, or board shall provide written notice to 3010
the board of county commissioners of such order.3011

       (3) As part of a collective bargaining agreement.3012

       A political subdivision may adopt policies similar to the 3013
provisions contained in sections 124.382 to 124.386 of the Revised 3014
Code.3015

       Sec. 124.81.  (A) Except as provided in division (F) of this 3016
section, the department of administrative services in consultation 3017
with the superintendent of insurance shall negotiate with and, in 3018
accordance with the competitive selection procedures of Chapter 3019
125. of the Revised Code, contract with one or more insurance 3020
companies authorized to do business in this state, for the 3021
issuance of one of the following:3022

       (1) A policy of group life insurance covering all state 3023
employees who are paid directly by warrant of the state auditor, 3024
including elected state officials;3025

       (2) A combined policy, or coordinated policies of one or more 3026
insurance companies or health insuring corporations in combination 3027
with one or more insurance companies providing group life and 3028
health, medical, hospital, dental, or surgical insurance, or any 3029
combination thereof, covering all such employees;3030

       (3) A policy that may include, but is not limited to, 3031
hospitalization, surgical, major medical, dental, vision, and 3032
medicalhealth care, disability, hearing aids, prescription drugs3033
benefits, group life, life, sickness, and accident insurance, 3034
group legal services, or a combination of the above benefits for 3035
some or all of the employees paid in accordance with section 3036
124.152 of the Revised Code and for some or all of the employees 3037
listed in divisions (B)(2) and (4) of section 124.14 of the 3038
Revised Code, and their immediate dependents.3039

       (B) The department of administrative services in consultation 3040
with the superintendent of insurance shall negotiate with and, in 3041
accordance with the competitive selection procedures of Chapter 3042
125. of the Revised Code, contract with one or more insurance 3043
companies authorized to do business in this state, for the 3044
issuance of a policy of group life insurance covering all 3045
municipal and county court judges. The amount of such coverage 3046
shall be an amount equal to the aggregate salary set forth for 3047
each municipal court judge in sections 141.04 and 1901.11 of the 3048
Revised Code, and set forth for each county court judge in 3049
sections 141.04 and 1907.16 of the Revised Code. 3050

       (C) If a state employee uses all accumulated sick leave and 3051
then goes on an extended medical disability, the policyholder 3052
shall continue at no cost to the employee the coverage of the 3053
group life insurance for such employee for the period of such 3054
extended leave, but not beyond three years.3055

       (D) If a state employee insured under a group life insurance 3056
policy as provided in division (A) of this section is laid off 3057
pursuant to section 124.32 of the Revised Code, such employee by 3058
request to the policyholder, made no later than the effective date 3059
of the layoff, may elect to continue the employee's group life 3060
insurance for the one-year period through which the employee may 3061
be considered to be on laid-off status by paying the policyholder 3062
through payroll deduction or otherwise twelve times the monthly 3063
premium computed at the existing average rate for the group life 3064
case for the amount of the employee's insurance thereunder at the 3065
time of the employee's layoff. The policyholder shall pay the 3066
premiums to the insurance company at the time of the next regular 3067
monthly premium payment for the actively insured employees and 3068
furnish the company appropriate data as to such laid-off 3069
employees. At the time an employee receives written notice of a 3070
layoff, the policyholder shall also give such employee written 3071
notice of the opportunity to continue group life insurance in 3072
accordance with this division. When such laid-off employee is 3073
reinstated for active work before the end of the one-year period, 3074
the employee shall be reclassified as insured again as an active 3075
employee under the group and appropriate refunds for the number of 3076
full months of unearned premium payment shall be made by the 3077
policyholder.3078

       (E) This section does not affect the conversion rights of an 3079
insured employee when the employee's group insurance terminates 3080
under the policy.3081

       (F) Notwithstanding division (A) of this section, the 3082
department may provide benefits equivalent to those that may be 3083
paid under a policy issued by an insurance company, or the 3084
department may, to comply with a collectively bargained contract, 3085
enter into an agreement with a jointly administered trust fund 3086
which receives contributions pursuant to a collective bargaining 3087
agreement entered into between this state, or any of its political 3088
subdivisions, and any collective bargaining representative of the 3089
employees of this state or any political subdivision for the 3090
purpose of providing for self-insurance of all risk in the 3091
provision of fringe benefits similar to those that may be paid 3092
pursuant to division (A) of this section, and the jointly 3093
administered trust fund may provide through the self-insurance 3094
method specific fringe benefits as authorized by the rules of the 3095
board of trustees of the jointly administered trust fund. Any 3096
health care benefits provided through the fund shall be the same 3097
as those health care benefits provided under a contract entered 3098
into under division (A) of this section. The director shall make 3099
any contract entered into under division (A) of this section that 3100
provides health care benefits available to the board of trustees 3101
of the jointly administered trust fund. Amounts from the fund may 3102
be used to pay direct and indirect costs that are attributable to 3103
consultants or a third-party administrator and that are necessary 3104
to administer this section. Benefits provided under this section 3105
include, but are not limited to, hospitalization, surgical care, 3106
major medical care, disability, dental care, vision care, medical3107
health care, hearing aids, prescription drugsbenefits, group life 3108
insurance, sickness and accident insurance, group legal services, 3109
or a combination of the above benefits, for the employees and 3110
their immediate dependents.3111

       (G) Notwithstanding any other provision of the Revised Code, 3112
any public employer, including the state, and any of its political 3113
subdivisions, including, but not limited to, any county, county 3114
hospital, municipal corporation, township, park district, school 3115
district, state institution of higher education, public or special 3116
district, state agency, authority, commission, or board, or any 3117
other branch of public employment, and any collective bargaining 3118
representative of employees of the state or any political 3119
subdivision may agree in a collective bargaining agreement that 3120
any mutually agreed fringe benefit including, but not limited to, 3121
hospitalization, surgical care, major medical care, disability, 3122
dental care, vision care, medicalhealth care, hearing aids, 3123
prescription drugsbenefits, group life insurance, sickness and 3124
accident insurance, group legal services, or a combination 3125
thereof, for employees and their dependents be provided through a 3126
mutually agreed upon contribution to a jointly administered trust 3127
fund. Amounts from the fund may be used to pay direct and indirect 3128
costs that are attributable to consultants or a third-party 3129
administrator and that are necessary to administer this section. 3130
The amount, type, and structure of fringe benefits provided under 3131
this division is subject to the determination of the board of 3132
trustees of the jointly administered trust fund, except that any 3133
health care benefits provided through the fund shall be the same 3134
as those health care benefits provided under a contract entered 3135
into between the public employer and the insurance company 3136
providing those benefits. The public employer shall make that 3137
contract available to the board of trustees of the jointly 3138
administered trust fund. Notwithstanding any other provision of 3139
the Revised Code, competitive bidding does not apply to the 3140
purchase of fringe benefits for employees under this division 3141
through a jointly administered trust fund.3142

       (H) The health care benefits provided to a management level 3143
employee, as defined in section 4117.01 of the Revised Code, under 3144
a contract entered into under this section shall be the same as 3145
any health care benefits provided to other employees of the same 3146
public employer.3147

       (I) A public employer, including the state and any of its 3148
political subdivisions, shall not pay more than eighty-five per 3149
cent of the cost of the provision of health care benefits pursuant 3150
to this section.3151

       (J) As used in this section and section 124.82 of the Revised 3152
Code, "health care benefits" includes hospitalization, surgical, 3153
major medical, dental, vision, and medical care, disability, 3154
hearing aids, prescription drugs, or a combination of these 3155
benefits.3156

       Sec. 124.82.  (A) Except as provided in division (D) of this 3157
section, the department of administrative services, in 3158
consultation with the superintendent of insurance, shall, in 3159
accordance with competitive selection procedures of Chapter 125. 3160
of the Revised Code, contract with an insurance company or a 3161
health plan in combination with an insurance company, authorized 3162
to do business in this state, for the issuance of a policy or 3163
contract of health, medical, hospital, dental, or surgical 3164
benefits, or any combination of those benefits, covering state 3165
employees who are paid directly by warrant of the director of 3166
budget and management, including elected state officials. The 3167
department may fulfill its obligation under this division by 3168
exercising its authority under division (A)(2) of section 124.81 3169
of the Revised Code.3170

       (B) The department may, in addition, in consultation with the 3171
superintendent of insurance, negotiate and contract with health 3172
insuring corporations holding a certificate of authority under 3173
Chapter 1751. of the Revised Code, in their approved service areas 3174
only, for issuance of a contract or contracts of health care 3175
services, covering state employees who are paid directly by 3176
warrant of the director of budget and management, including 3177
elected state officials. The department may enter into contracts 3178
with one or more insurance carriers or health plans to provide the 3179
same plan of benefits, provided that:3180

       (1) The amount of the premium or cost for such coverage 3181
contributed by the state, for an individual or for an individual 3182
and the individual's family, does not exceed that same amount of 3183
the premium or cost contributed by the state under division (A) of 3184
this section;3185

       (2) The employee be permitted to exercise the option as to 3186
which plan the employee will select under division (A) or (B) of 3187
this section, at a time that shall be determined by the 3188
department;3189

       (3) The health insuring corporations do not refuse to accept 3190
the employee, or the employee and the employee's family, if the 3191
employee exercises the option to select care provided by the 3192
corporations;3193

       (4) The employee may choose participation in only one of the 3194
plans sponsored by the department;3195

       (5) The director of health examines and certifies to the 3196
department that the quality and adequacy of care rendered by the 3197
health insuring corporations meet at least the standards of care 3198
provided by hospitals and physicians in that employee's community, 3199
who would be providing such care as would be covered by a contract 3200
awarded under division (A) of this section.3201

       (C) AllExcept as provided in division (G) of this section, 3202
all or any portion of the cost, premium, or charge for the 3203
coverage in divisions (A) and (B) of this section may be paid in 3204
such manner or combination of manners as the department determines 3205
and may include the proration of health care costs, premiums, or 3206
charges for part-time employees.3207

       (D) Notwithstanding division (A) of this section, the 3208
department may provide benefits equivalent to those that may be 3209
paid under a policy or contract issued by an insurance company or 3210
a health plan pursuant to division (A) of this section.3211

       (E) This section does not prohibit the state office of 3212
collective bargaining from entering into an agreement with an 3213
employee representative for the purposes of providing fringe 3214
benefits, including, but not limited to, hospitalization, surgical 3215
care, major medical care, disability, dental care, vision care, 3216
medicalhealth care, hearing aids, prescription drugsbenefits, 3217
group life insurance, sickness and accident insurance, group legal 3218
services or other benefits, or any combination of those benefits, 3219
to employees paid directly by warrant of the director of budget 3220
and management through a jointly administered trust fund. The 3221
employer's contribution for the cost of the benefit care shall be 3222
mutually agreed to in the collectively bargained agreement. The 3223
amount, type, and structure of fringe benefits provided under this 3224
division is subject to the determination of the board of trustees 3225
of the jointly administered trust fund. Any health care benefits 3226
provided through the fund shall be the same as those health care 3227
benefits provided under a contract entered into under division (A) 3228
of section 124.81 of the Revised Code. The director of 3229
administrative services shall make any contract entered into under 3230
that division that provides health care benefits available to the 3231
board of trustees of the jointly administered trust fund.3232
Notwithstanding any other provision of the Revised Code, 3233
competitive bidding does not apply to the purchase of fringe 3234
benefits for employees under this division when those benefits are 3235
provided through a jointly administered trust fund.3236

       (F) Members of state boards or commissions may be covered by 3237
any policy, contract, or plan of benefits or services described in 3238
division (A) or (B) of this section. Board or commission members 3239
who are appointed for a fixed term and who are compensated on a 3240
per meeting basis, or paid only for expenses, or receive a 3241
combination of per diem payments and expenses shall pay the entire 3242
amount of the premiums, costs, or charges for that coverage.3243

       (G) The health care benefits provided to a management level 3244
employee, as defined in section 4117.01 of the Revised Code, under 3245
a contract entered into under this section shall be the same as 3246
any health care benefits provided to other employees of the same 3247
public employer.3248

       (H) A state employee who receives insurance under this 3249
section shall pay at least fifteen per cent of the cost of the 3250
premium assessed for any insurance policy issued pursuant to this 3251
section that covers health, medical, hospital, or surgical 3252
benefits.3253

       Sec. 124.94. (A) There is hereby created the Ohio commission 3254
for excellence in public service, which shall consist of at least 3255
seven and not more than eleven voting members. The director may 3256
appoint additional participants and establish advisory committees 3257
for the commission, but any additional participants shall not be 3258
voting members.3259

       (B) Within forty days after the effective date of this 3260
section, the director of administrative services shall appoint the 3261
voting members of the commission. In making the appointments, the 3262
director shall consult with organizations that have both of the 3263
following:3264

       (1) Memberships consisting of, and that represent the 3265
professional or labor interests of, employees of state agencies, 3266
state institutions of higher education, or political subdivisions 3267
of this state;3268

        (2) Memberships that employ public service employees, 3269
including municipal leagues and municipal league organizations, 3270
which include mayors' associations and municipal finance officers, 3271
county auditors, judges, county commissioners, county prosecutors, 3272
county sheriffs, township trustees, school boards, and school 3273
superintendents.3274

       (C) The commission shall consult with public and private 3275
organizations located internationally, nationally, and within this 3276
state and with members or employees in this state that have been 3277
recognized as having expertise and competencies in best practices 3278
that foster healthy workplace conditions for both employees and 3279
employers.3280

       (D) The commission may partner with existing organizations to 3281
perform its functions in order to maximize resources and 3282
demonstrate lean and efficient practices. The commission may 3283
organize itself with capability to contract or employ and to have 3284
fiscal authority to receive funds from private or public entities, 3285
contract for services, provide grants, and establish cost matching 3286
or gain sharing programs. Members of the commission shall receive 3287
no compensation but shall be reimbursed for the actual and 3288
necessary expenses incurred in the performance of their duties.3289

       (E) The commission shall do all of the following:3290

       (1) Establish and guide programs that foster best practices 3291
for developing and maintaining healthy working relationships in 3292
public service workplaces in state and local governments in this 3293
state;3294

       (2) Emphasize approaches that encourage involvement of 3295
direct-service employees and their supervisors in identifying and 3296
implementing division (E)(1) of this section.3297

       (3) Promote programs that offer scholarships or other 3298
financial aid, provide certification or other accreditation, and 3299
provide recognition through awards or other means to individuals 3300
and organizations that achieve excellence in division (E)(1) of 3301
this section.3302

       (F) The programs described in division (E)(3) of this section 3303
shall be promoted in public and private high schools, colleges and 3304
universities, amongst associations of governmental officials, and 3305
amongst public employee organizations in order to teach best 3306
practices under division (E)(1) of this section.3307

       (G) The commission annually shall prepare a report on the 3308
activities and finances of the commission beginning not later than 3309
one year and three months after a majority of the initial 3310
membership of the commission is appointed. The commission shall 3311
post the report in a conspicuous location on the commission's web 3312
site.3313

       Sec. 126.32.  (A) Any officer of any state agency may 3314
authorize reimbursement for travel, including the costs of 3315
transportation, for lodging, and for meals to any person who is 3316
interviewing for a position that iswould be classified in pay 3317
range 13 or above in schedule E-1 or schedule E-1 for step seven 3318
onlyas prescribed in the version of section 124.152 of the 3319
Revised Code in effect immediately prior to the effective date of 3320
this amendment, or is otherwise classified in schedule E-2, of3321
under section 124.152 of the Revised Code.3322

       (B) If a person is appointed to a position listed in section 3323
121.03 of the Revised Code, to the position of chairperson of the 3324
industrial commission, adjutant general, chancellor of the Ohio 3325
board of regents, superintendent of public instruction, 3326
chairperson of the public utilities commission of Ohio, or 3327
director of the state lottery commission, to a position holding a 3328
fiduciary relationship to the governor, to a position of an 3329
appointing authority of the department of mental health, 3330
developmental disabilities, or rehabilitation and correction, to a 3331
position of superintendent in the department of youth services, or 3332
to a position under section 122.05 of the Revised Code, and if 3333
that appointment requires a permanent change of residence, the 3334
appropriate state agency may reimburse the person for the person's 3335
actual and necessary expenses, including the cost of in-transit 3336
storage of household goods and personal effects, of moving the 3337
person and members of the person's immediate family residing in 3338
the person's household, and of moving their household goods and 3339
personal effects, to the person's new location.3340

       Until that person moves the person's permanent residence to 3341
the new location, but not for a period that exceeds thirty 3342
consecutive days, the state agency may reimburse the person for 3343
the person's temporary living expenses at the new location that 3344
the person has incurred on behalf of the person and members of the 3345
person's immediate family residing in the person's household. In 3346
addition, the state agency may reimburse that person for the 3347
person's travel expenses between the new location and the person's 3348
former residence during this period for a maximum number of trips 3349
specified by rule of the director of budget and management, but 3350
the state agency shall not reimburse the person for travel 3351
expenses incurred for those trips by members of the person's 3352
immediate family. With the prior written approval of the director, 3353
the maximum thirty-day period for temporary living expenses may be 3354
extended for a person appointed to a position under section 122.05 3355
of the Revised Code.3356

       The director of development may reimburse a person appointed 3357
to a position under section 122.05 of the Revised Code for the 3358
person's actual and necessary expenses of moving the person and 3359
members of the person's immediate family residing in the person's 3360
household back to the United States and may reimburse a person 3361
appointed to such a position for the cost of storage of household 3362
goods and personal effects of the person and the person's 3363
immediate family while the person is serving outside the United 3364
States, if the person's office outside the United States is the 3365
person's primary job location.3366

       (C) All reimbursement under division (A) or (B) of this 3367
section shall be made in the manner, and at rates that do not 3368
exceed those, provided by rule of the director of budget and 3369
management in accordance with section 111.15 of the Revised Code. 3370
Reimbursements may be made under division (B) of this section 3371
directly to the persons who incurred the expenses or directly to 3372
the providers of goods or services the persons receive, as 3373
determined by the director of budget and management.3374

       Sec. 141.01.  Except as provided in section 141.011 of the 3375
Revised Code, the annual salaries of the elective executive 3376
officers of the state are as follows:3377

       (A) Governor, one hundred twenty-two thousand eight hundred 3378
twelve dollars;3379

       (B) Lieutenant governor, sixty-four thousand three hundred 3380
seventy-five dollars;3381

       (C) Secretary of state, ninety thousand seven hundred 3382
twenty-five dollars;3383

       (D) Auditor of state, ninety thousand seven hundred 3384
twenty-five dollars;3385

       (E) Treasurer of state, ninety thousand seven hundred 3386
twenty-five dollars;3387

       (F) Attorney general, ninety thousand seven hundred 3388
twenty-five dollars.3389

       These salaries shall be paid according to the schedule 3390
established in division (B) ofrules adopted by the director of 3391
administrative services under section 124.15 of the Revised Code. 3392
Upon the death of an elected executive officer of the state listed 3393
in divisions (A) to (F) of this section during the officer's term 3394
of office, an amount shall be paid in accordance with section 3395
2113.04 of the Revised Code, or to the officer's estate. The 3396
amount shall equal the amount of the salary that the officer would 3397
have received during the remainder of the officer's unexpired term 3398
or an amount equal to the salary of the office held for two years, 3399
whichever is less.3400

       Unless a higher salary is explicitly established by statute, 3401
no officer or employee elected or appointed, and no officer or 3402
employee of any state agency or state-assisted institution except 3403
a state institution of higher education or the Ohio board of 3404
regents for the positions of chancellor and vice chancellor for 3405
health affairs, shall be paid as an officer or employee, whether 3406
from appropriated or nonappropriated funds, a total salary that 3407
exceeds fifty-five thousand dollars per calendar year. This 3408
paragraph does not apply to the salaries of individuals holding or 3409
appointed to endowed academic chairs or endowed academic 3410
professorships at a state-supported institution of higher 3411
education or to the salaries of individuals paid under schedule C 3412
of section 124.15 or under schedule E-2 of section 124.152 of the 3413
Revised Code.3414

       Sec. 141.02.  (A) The salaries of the adjutant general, the 3415
assistant adjutant general for army, the assistant adjutant 3416
general for air, and the assistant quartermaster general shall be 3417
paid according to divisions (B) and (H) ofrules adopted by the 3418
director of administrative services under section 124.15 of the 3419
Revised Code.3420

       (B) The adjutant general, the assistant adjutant general for 3421
army, the assistant adjutant general for air, and the assistant 3422
quartermaster general shall receive the basic allowances for 3423
quarters and for subsistence of their rank according to the pay at 3424
the time prescribed for the armed forces of the United States, 3425
except that the assistant adjutant general for air shall not 3426
receive flying pay. The adjutant general shall not receive any 3427
flying pay, even if the adjutant general is an officer in the air 3428
national guard.3429

       (C) The adjutant general, assistant adjutant general for 3430
army, and the assistant adjutant general for air may take a leave 3431
of absence from their respective positions without loss of pay for 3432
the time they are performing service in the uniformed service as 3433
required by their federally recognized officer status. These 3434
positions shall not accrue leave as other permanent state 3435
employees do but shall accrue leave and record usage of leave as 3436
if these positions were those of the administrative department 3437
heads listed in section 121.03 of the Revised Code.3438

        (D) If the assistant quartermaster general is a federally 3439
recognized officer, the assistant quartermaster general may take a 3440
leave of absence from the position without loss of pay for the 3441
time the assistant quartermaster general is performing service in 3442
the uniformed service as required by the person's federally 3443
recognized officer status and the assistant quartermaster general 3444
shall not accrue leave as other permanent state employees do but 3445
shall accrue leave and record usage of leave as if the assistant 3446
quartermaster general were an administrative department head 3447
listed in section 121.03 of the Revised Code. If the assistant 3448
quartermaster general is not a federally recognized officer, the 3449
assistant quartermaster general shall accrue leave as other 3450
permanent state employees do.3451

        (E) Notwithstanding Chapter 102. of the Revised Code and any 3452
other provision of law, the adjutant general, assistant adjutant 3453
general for army, assistant adjutant general for air, and 3454
assistant quartermaster general may retain, in addition to any 3455
state compensation, any federal pay, allowances, and compensation 3456
received because of any federally recognized officer status.3457

       Sec. 145.012.  (A) "Public employee," as defined in division 3458
(A) of section 145.01 of the Revised Code, does not include any 3459
person:3460

       (1) Who is employed by a private, temporary-help service and 3461
performs services under the direction of a public employer or is 3462
employed on a contractual basis as an independent contractor under 3463
a personal service contract with a public employer;3464

       (2) Who is an emergency employee serving on a temporary basis 3465
in case of fire, snow, earthquake, flood, or other similar 3466
emergency;3467

       (3) Who is employed in a program established pursuant to the 3468
"Job Training Partnership Act," 96 Stat. 1322 (1982), 29 U.S.C.A. 3469
1501;3470

       (4) Who is an appointed member of either the motor vehicle 3471
salvage dealers board or the motor vehicle dealer's board whose 3472
rate and method of payment are determined pursuant to division 3473
(J)(A) of section 124.15 of the Revised Code;3474

       (5) Who is employed as an election worker and paid less than 3475
five hundred dollars per calendar year for that service;3476

       (6) Who is employed as a firefighter in a position requiring 3477
satisfactory completion of a firefighter training course approved 3478
under former section 3303.07 or section 4765.55 of the Revised 3479
Code or conducted under section 3737.33 of the Revised Code except 3480
for the following:3481

       (a) Any firefighter who has elected under section 145.013 of 3482
the Revised Code to remain a contributing member of the public 3483
employees retirement system;3484

       (b) Any firefighter who was eligible to transfer from the 3485
public employees retirement system to the Ohio police and fire 3486
pension fund under section 742.51 or 742.515 of the Revised Code 3487
and did not elect to transfer;3488

       (c) Any firefighter who has elected under section 742.516 of 3489
the Revised Code to transfer from the Ohio police and fire pension 3490
fund to the public employees retirement system.3491

       (7) Who is a member of the board of health of a city or 3492
general health district, which pursuant to sections 3709.051 and 3493
3709.07 of the Revised Code includes a combined health district, 3494
and whose compensation for attendance at meetings of the board is 3495
set forth in division (B) of section 3709.02 or division (B) of 3496
section 3709.05 of the Revised Code, as appropriate;3497

       (8) Who participates in an alternative retirement plan 3498
established under Chapter 3305. of the Revised Code;3499

       (9) Who is a member of the board of directors of a sanitary 3500
district established under Chapter 6115. of the Revised Code;3501

       (10) Who is a member of the unemployment compensation 3502
advisory council;3503

       (11) Who is an employee, officer, or governor-appointed 3504
member of the board of directors of the nonprofit corporation 3505
formed under section 187.01 of the Revised Code.3506

       (B) No inmate of a correctional institution operated by the 3507
department of rehabilitation and correction, no patient in a 3508
hospital for the mentally ill or criminally insane operated by the 3509
department of mental health, no resident in an institution for the 3510
mentally retarded operated by the department of developmental 3511
disabilities, no resident admitted as a patient of a veterans' 3512
home operated under Chapter 5907. of the Revised Code, and no 3513
resident of a county home shall be considered as a public employee 3514
for the purpose of establishing membership or calculating service 3515
credit or benefits under this chapter. Nothing in this division 3516
shall be construed to affect any service credit attained by any 3517
person who was a public employee before becoming an inmate, 3518
patient, or resident at any institution listed in this division, 3519
or the payment of any benefit for which such a person or such a 3520
person's beneficiaries otherwise would be eligible.3521

       Sec. 145.47.  (A) Each public employee who is a contributor 3522
to the public employees retirement system shall contribute eight 3523
per cent of the contributor's earnable salary to the employees' 3524
savings fund, except that the public employees retirement board 3525
may raise the contribution rate to a rate not greater than ten per 3526
cent of the employee's earnable salary.3527

       The contributions required under this section shall not be 3528
paid by an employer on an employee's behalf, but may be treated as 3529
employer contributions for purposes of state and federal income 3530
tax deferred income provisions.3531

       (B) The head of each state department, institution, board, 3532
and commission, and the fiscal officer of each local authority 3533
subject to this chapter, shall deduct from the earnable salary of 3534
each contributor on every payroll of such contributor for each 3535
payroll period subsequent to the date of coverage, an amount equal 3536
to the applicable per cent of the contributor's earnable salary. 3537
The head of each state department and the fiscal officer of each 3538
local authority subject to this chapter shall transmit promptly to 3539
the system a report of contributions at such intervals and in such 3540
form as the system shall require, showing thereon all deductions 3541
for the system made from the earnable salary of each contributor 3542
employed, together with warrants, checks, or electronic payments 3543
covering the total of such deductions. A penalty shall be added 3544
when such report, together with warrants, checks, or electronic 3545
payments to cover the total amount due from the earnable salary of 3546
all amenable employees of such employer, is filed thirty or more 3547
days after the last day of such reporting period. The system, 3548
after making a record of all receipts under this division, shall 3549
deposit the receipts with the treasurer of state for use as 3550
provided by this chapter.3551

       (C) Unless the board adopts a rule under division (D) of this 3552
section, the penalty described in division (B) of this section for 3553
failing to timely transmit a report, pay the total amount due, or 3554
both is as follows:3555

       (1) At least one but not more than ten days past due, an 3556
amount equal to one per cent of the total amount due;3557

       (2) At least eleven but not more than thirty days past due, 3558
an amount equal to two and one-half per cent of the total amount 3559
due;3560

       (3) Thirty-one or more days past due, an amount equal to five 3561
per cent of the total amount due.3562

       The penalty described in this division shall be added to and 3563
collected on the next succeeding regular employer billing. 3564
Interest at a rate set by the retirement board shall be charged on 3565
the amount of the penalty in case such penalty is not paid within 3566
thirty days after it is added to the regular employer billing. 3567

       (D) The board may adopt rules to establish penalties in 3568
amounts that do not exceed the amounts specified in divisions 3569
(C)(1) to (3) of this section.3570

       (E) In addition to the periodical reports of deduction 3571
required by this section, the fiscal officer of each local 3572
authority subject to this chapter shall submit to the system at 3573
least once each year a complete listing of all noncontributing 3574
appointive employees. Where an employer fails to transmit 3575
contributions to the system, the system may make a determination 3576
of the employees' liability for contributions and certify to the 3577
employer the amounts due for collection in the same manner as 3578
payments due the employers' accumulation fund. Any amounts so 3579
collected shall be held in trust pending receipt of a report of 3580
contributions for such public employees for the period involved as 3581
provided by law and, thereafter, the amount in trust shall be 3582
transferred to the employees' savings fund to the credit of the 3583
employees. Any amount remaining after the transfer to the 3584
employees' savings fund shall be transferred to the employers' 3585
accumulation fund as a credit of such employer. 3586

       (F) The fiscal officer of each local authority subject to 3587
this chapter shall require each new contributor to submit to the 3588
system a detailed report of all the contributor's previous service 3589
as a public employee along with such other facts as the board 3590
requires for the proper operation of the system.3591

       (G) Any member who, because of the member's own illness, 3592
injury, or other reason which may be approved by the member's 3593
employer is prevented from making the member's contribution to the 3594
system for any payroll period, may pay such deductions as a back 3595
payment within one year.3596

       Sec. 306.04.  (A) Except as otherwise provided in division 3597
(B) of this section, employees of a county transit board or a 3598
board of county commissioners operating a transit system are 3599
employees of the county. If the system is operated by the board of 3600
county commissioners, the board shall appoint an executive 3601
director, who shall be in the unclassified service.3602

       (B) Any county transit board that established its own civil 3603
service organization and procedure prior to the effective date of 3604
this amendmentOctober 25, 1995, shall continue to operate under 3605
that organization. Appointments and promotions in that system 3606
shall be made, as far as practicable, by competitive examination.3607

       A board that established its own civil service organization 3608
prior to the effective date of this amendmentOctober 25, 1995,3609
shall establish by rule the seniority provisions relating to 3610
street railway and motor bus employees in effect at the time of 3611
the acquisition of the transit system by the county. When a 3612
reduction in force is necessary, the board shall not use an 3613
employee's length of service as the only factor to determine 3614
whether to lay off the employee. The vacation, holiday, and sick 3615
leave privileges shall not be regulated by other provisions of law 3616
relating to public employees of the state or county, except that 3617
the transit board, its officers and employees, shall be subject to 3618
the public employees retirement system of the state and the 3619
transit board shall assume any pension obligations which have been 3620
assumed by any publicly owned transit system which the county may 3621
acquire.3622

       (C) A county transit board or board of county commissioners 3623
operating a transit system may:3624

       (1) Acquire in its name by gift, grant, purchase, or 3625
condemnation and hold and operate real estate and interests 3626
therein and personal property suitable for its purposes;3627

       (2) In its name purchase, acquire, construct, enlarge, 3628
improve, equip, repair, maintain, sell, exchange, lease as lessee 3629
or lessor, receive a right of use of, and manage, control, and 3630
operate, in or out of the county, a county transit system 3631
consisting of all real estate and interests therein, personal 3632
property, and a combination thereof, for or related to the 3633
movement of persons including but not limited to street railway, 3634
tramline, subways, rapid transits, monorails, and passenger bus 3635
systems but excluding therefrom trucks, the movement of property 3636
by truck, and facilities designed for use in the movement of 3637
property by truck for hire;3638

       (3) Issue, with the approval of the county commissioners when 3639
the issuance is made by the transit board, revenue bonds of the 3640
county as provided in division (B) of section 306.09 of the 3641
Revised Code, to secure funds to accomplish its purposes. The 3642
principal of and interest on such bonds, together with all other 3643
payments required to be made by the trust agreement or indenture 3644
securing such bonds, shall be paid solely from revenues or other 3645
income accruing to the board from facilities of the county transit 3646
system designated in said agreement or indenture.3647

       (4) Enter into contracts in the exercise of the rights, 3648
powers, and duties conferred upon it, and execute all instruments 3649
necessary in the conduct of its business;3650

       (5) Fix, alter, and charge rates and other charges for the 3651
use of its real estate and interests therein, personal property, 3652
and combinations thereof;3653

       (6) Employ such financial consultants, accountants, 3654
appraisers, consulting engineers, architects, construction 3655
experts, attorneys-at-law, managers and other supervisory 3656
personnel, and other officers, employees, and agents as it 3657
determines necessary to conduct its business, and fix their 3658
compensation and duties;3659

       (7) Pledge, hypothecate, or otherwise encumber its revenues 3660
and other income as security for its obligations and enter into 3661
trust agreements or indentures for the benefit of revenue 3662
bondholders;3663

       (8) Borrow money or accept or contract to accept advances, 3664
loans, gifts, grants, devises, or bequests from and enter into 3665
contracts or agreements with any federal, state, or other 3666
governmental or private source and hold and apply advances, loans, 3667
gifts, grants, devises, or bequests according to the terms thereof 3668
including provisions which are required by such federal, state, or 3669
other governmental or private source to protect the interest of 3670
employees affected by such advances, loans, gifts, grants, 3671
devises, or bequests. Such advances, loans, gifts, grants, or 3672
devises may be subject to any reasonable reservation and any gift, 3673
grant, or devise or real estate may be in fee simple or any lesser 3674
estate. Any advances or loans received from any federal, state, or 3675
other governmental or private source may be repaid in accordance 3676
with the terms of such advance or loan.3677

       (9) Conduct investigations and surveys into the needs of the 3678
public within or without the county for transportation services to 3679
provide for the movement of persons within, into, or from the area 3680
serviced or to be serviced by the county transit system;3681

       (10) Enter into lawful arrangements with the appropriate 3682
federal or state department or agency, county, township, municipal 3683
corporation, or other political subdivision or public agency for 3684
the planning and installation of any public facilities which are 3685
determined necessary in the conduct of its business;3686

       (11) Purchase fire, extended coverage, and liability 3687
insurance for the real estate and interests therein, personal 3688
property and any combination thereof, used by or in connection 3689
with the county transit system and insurance covering the board 3690
and the county transit system and its officers and employees for 3691
liability for damage or injury to persons or property;3692

       (12) Procure and pay all or any part of the cost of group 3693
hospitalization, surgical, major medical, or sickness and accident 3694
insurance, or a combination thereof, for the officers and 3695
employees of the county transit system and their immediate 3696
dependents, issued by an insurance company, duly authorized to do 3697
business in this state;3698

       (13) Sell, lease, release, or otherwise dispose of real 3699
estate or interests therein or personal property owned by it and 3700
grant such easements across its real estate and interests therein 3701
as will not interfere with its use by the county transit system;3702

       (14) Establish rules for the use and operation of the county 3703
transit system including the real estate or interests therein, 3704
personal property or a combination of the foregoing used by or in 3705
connection with such system;3706

       (15) Exercise the power of eminent domain to appropriate any 3707
real estate or interests therein, personal property, franchises, 3708
or any combination thereof, within or without the county, 3709
necessary or proper in the exercise of its powers provided in 3710
sections 306.01 to 306.13 of the Revised Code, as provided in 3711
sections 163.01 to 163.22 of the Revised Code, and subject to 3712
divisions (15)(a), (b), and (c) of this section, provided that a 3713
county transit board or a board of county commissioners operating 3714
a transit system shall not proceed to so appropriate real property 3715
outside its territorial boundaries, until it has served at the 3716
office of the county commissioners of the county in which it is 3717
proposed to appropriate real property, a notice describing the 3718
real property to be taken and the purpose for which it is proposed 3719
to be taken, and such county commissioners have entered on their 3720
journal within thirty days after such service a resolution 3721
approving such appropriation;3722

       (a) Nothing contained in this division authorizes a county 3723
transit board or a board of county commissioners to appropriate 3724
any land, rights, rights-of-way, franchises, or easements 3725
belonging to the state or to a municipal corporation without the 3726
consent of the state or of the municipal corporation, and no 3727
county transit board or board of county commissioners shall 3728
exercise the right of eminent domain to acquire any certificate of 3729
public convenience and necessity, or any part thereof, issued to a 3730
motor transportation company by the public utilities commission of 3731
Ohio or by the interstate commerce commission of the United 3732
States, or to take or disturb other real estate or interests 3733
therein, personal property, or any combination thereof belonging 3734
to any municipal corporation without the consent of the 3735
legislative authority of such municipal corporation, or take or 3736
disturb real estate or interests therein, personal property, or 3737
any combination thereof belonging to any other political 3738
subdivision, public corporation, public utility, or common 3739
carrier, which is necessary and convenient in the operation of 3740
such political subdivision, public corporation, public utility, or 3741
common carrier unless provision is made for the restoration, 3742
relocation, or duplication of that taken or upon the election of 3743
such political subdivision, public corporation, public utility, or 3744
common carrier for the payment of compensation, if any, at the 3745
sole cost of the county transit system.3746

       (b) If any restoration or duplication proposed to be made 3747
under this division involves a relocation, the new location shall 3748
have at least comparable utilitarian value and effectiveness, and 3749
such relocation shall not impair the ability of the public utility 3750
or common carrier to compete in its original area of operation.3751

       (c) If such restoration or duplication proposed to be made 3752
under this division involves a relocation, the county transit 3753
board or board of county commissioners shall acquire no interest 3754
or right in or to the appropriated property or facility until the 3755
relocated property or facility is available for use and until 3756
marketable title thereto has been transferred to the political 3757
subdivision, public corporation, public utility, or common 3758
carrier. Nothing in this division shall require any board of 3759
county commissioners or county transit board operating a county 3760
transit system to so restore, relocate, or duplicate, if all of 3761
the real estate and interests therein, personal property, and any 3762
combination of the foregoing which is owned by a public utility or 3763
common carrier and used by it or in connection with the movement 3764
of persons, is acquired by exercise of the power of eminent 3765
domain.3766

       (16) When real property is acquired that is located outside 3767
the county and is removed from the tax duplicate, the county 3768
transit board or board of county commissioners operating a transit 3769
system shall pay annually to the county treasurer of the county in 3770
which that property is located, commencing with the first tax year 3771
in which that property is removed from the tax duplicate, an 3772
amount of money in lieu of taxes equal to the smaller of the 3773
following:3774

       (a) The last annual installment of taxes due from the 3775
acquired property before removal from the tax duplicate;3776

       (b) An amount equal to the difference between the combined 3777
revenue from real estate taxes of all the taxing districts in 3778
which the property is located in the tax year immediately prior to 3779
the removal of the acquired property from the tax duplicate, and 3780
either:3781

       (i) The total revenue which would be produced by the tax rate 3782
of each such taxing district in the tax year immediately prior to 3783
the removal of the acquired property from the tax duplicate, 3784
applied to the real estate tax duplicate of each of such taxing 3785
districts in each tax year subsequent to the year of removal; or3786

       (ii) The combined revenue from real estate taxes of all such 3787
taxing districts in each tax year subsequent to the year of 3788
removal, whichever is the greater.3789

       The county transit board or board of county commissioners may 3790
be exempted from such payment by agreement of the affected taxing 3791
district or districts in the county in which the property is 3792
located.3793

       The county auditor of the county in which that property is 3794
located shall apportion each such annual payment to each taxing 3795
district as if the annual payment had been levied and collected as 3796
a tax.3797

       Those annual payments shall never again be made after they 3798
have ceased.3799

       (17) Sue or be sued, plead or be impleaded, and be held 3800
liable in any court of proper jurisdiction for damages received by 3801
reason of negligence, in the same manner and to the same extent as 3802
if the county transit system were privately operated, provided, 3803
that no funds of a county other than those of the county transit 3804
board or, if the transit system is operated by the board of county 3805
commissioners, other than those in the account for the county 3806
transit system created under division (C) of section 306.01 of the 3807
Revised Code, shall be available for the satisfaction of judgments 3808
rendered against that system;3809

       (18) Annually prepare and make available for public 3810
inspection a report in condensed form showing the financial 3811
results of the operation of the county transit system. For systems 3812
operated by a county transit board, copies of this report shall be 3813
furnished to the county commissioners as well as a monthly summary 3814
statement of revenues and expenses for the preceding month 3815
sufficient to show the exact financial condition of the county 3816
transit system as of the last day of the preceding month.3817

       (19) With the approval of the county commissioners when the 3818
action is taken by the transit board, and without competitive 3819
bidding, sell, lease, or grant the right of use of all or a 3820
portion of the county transit system to any other political 3821
subdivision, taxing district, or other public body or agency 3822
having the power to operate a transit system;3823

       (20) Enter into and supervise franchise agreements for the 3824
operation of a county transit system;3825

       (21) Accept the assignment of and then supervise an existing 3826
franchise agreement for the operation of a county transit system.3827

       Sec. 307.054.  (A) The board of trustees of a joint emergency 3828
medical services district shall employ an executive director, who 3829
shall be in the unclassified service, and fix histhe executive 3830
director's compensation. In addition to that compensation, the 3831
director shall be reimbursed for actual and necessary expenses 3832
incurred in the performance of histhe executive director's3833
official duties. The board may enter into an employment contract 3834
with the executive director for a period not to exceed three 3835
years. In the absence of contrary contractual provisions, the 3836
board may remove the director by a majority vote of the full 3837
membership, but only after holding a hearing on the matter if the 3838
director requests such a hearing.3839

       Except as otherwise provided in this division, the board 3840
shall prescribe the director's duties and may authorize the 3841
director to act on its behalf in the performance of its 3842
administrative duties. In addition to those duties prescribed by 3843
the board, the director shall do all the following:3844

       (1) Subject to the board's approval for each contract, 3845
execute contracts on the board's behalf;3846

       (2) Supervise all services provided or contracted for and all 3847
facilities operated or contracted for, and ensure that emergency 3848
medical services are being lawfully administered in conformity 3849
with the Revised Code and the resolution creating the district;3850

       (3) Recommend changes to the board that may increase the 3851
effectiveness of emergency medical services within the district;3852

       (4) Employ persons for all positions authorized by the board 3853
and approve all personnel actions that affect classified 3854
employees;3855

       (5) Approve compensation for employees within the limits set 3856
by the salary schedule and budget established by the board;3857

       (6) Prepare an annual report of the services provided by the 3858
district, including a fiscal accounting, for the board to approve.3859

       (B) Except as otherwise provided in this section, employees 3860
of the district shall be treated the same as county employees for 3861
the purposes of Chapter 124. of the Revised Code and any other 3862
provisions of state law applicable to county employees. Instead of 3863
or in addition to appointing employees of the district, the board 3864
of trustees may contract with one or more of the participating 3865
counties for county employees to serve the district and for the 3866
district to share in their compensation in any manner that may be 3867
agreed upon in the joint resolution creating the district.3868

       (C) For purposes of division (A)(5) of this section, the 3869
board, when establishing a salary schedule, shall require 3870
performance to be the only basis, and the executive director shall 3871
use performance as the only basis, for an employee's progression 3872
through the schedule.3873

       Sec. 339.06.  (A) The board of county hospital trustees, upon 3874
completion of construction or leasing and equipping of a county 3875
hospital, shall assume and continue the operation of the hospital. 3876

       (B) The board of county hospital trustees shall have the 3877
entire management and control of the county hospital. The board 3878
shall establish such rules for the hospital's government and the 3879
admission of persons as are expedient.3880

        (C) The board of county hospital trustees has control of the 3881
property of the county hospital, including management and disposal 3882
of surplus property other than real estate or an interest in real 3883
estate.3884

       (D) With respect to the use of funds by the board of county 3885
hospital trustees and its accounting for the use of funds, all of 3886
the following apply:3887

       (1) The board of county hospital trustees has control of all 3888
funds used in the county hospital's operation, including moneys 3889
received from the operation of the hospital, moneys appropriated 3890
for its operation by the board of county commissioners, and moneys 3891
resulting from special levies submitted by the board of county 3892
commissioners as provided for in section 5705.22 of the Revised 3893
Code. 3894

       (2) Of the funds used in the county hospital's operation, all 3895
or part of any amount determined not to be necessary to meet 3896
current demands on the hospital may be invested by the board of 3897
county hospital trustees or its designee in any classifications of 3898
securities and obligations eligible for deposit or investment of 3899
county moneys pursuant to section 135.35 of the Revised Code, 3900
subject to the approval of the board's written investment policy 3901
by the county investment advisory committee established pursuant 3902
to section 135.341 of the Revised Code.3903

       (3) Annually, not later than sixty days before the end of the 3904
fiscal year used by the county hospital, the board of county 3905
hospital trustees shall submit its proposed budget for the ensuing 3906
fiscal year to the board of county commissioners for that board's 3907
review. The board of county commissioners shall review and approve 3908
the proposed budget by the first day of the fiscal year to which 3909
the budget applies. If the board of county commissioners has not 3910
approved the budget by the first day of the fiscal year to which 3911
the budget applies, the budget is deemed to have been approved by 3912
the board on the first day of that fiscal year.3913

       (4) The board of county hospital trustees shall not expend 3914
funds received from taxes collected pursuant to any tax levied 3915
under section 5705.22 of the Revised Code or the amount 3916
appropriated to the county hospital by the board of county 3917
commissioners in the annual appropriation measure for the county 3918
until its budget for the applicable fiscal year is approved in 3919
accordance with division (C)(3) of this section. At any time the 3920
amount received from those sources differs from the amount shown 3921
in the approved budget, the board of county commissioners may 3922
require the board of county hospital trustees to revise the county 3923
hospital budget accordingly. 3924

       (5) Funds under the control of the board of county hospital 3925
trustees may be disbursed by the board, consistent with the 3926
approved budget, for the uses and purposes of the county hospital; 3927
for the replacement of necessary equipment; for the acquisition, 3928
leasing, or construction of permanent improvements to county 3929
hospital property; or for making a donation authorized by division 3930
(E) of this section. Each disbursement of funds shall be made on a 3931
voucher signed by signatories designated and approved by the board 3932
of county hospital trustees.3933

       (6) The head of a board of county hospital trustees is not 3934
required to file an estimate of contemplated revenue and 3935
expenditures for the ensuing fiscal year under section 5705.28 of 3936
the Revised Code unless the board of county commissioners levies a 3937
tax for the county hospital, or such a tax is proposed, or the 3938
board of county hospital trustees desires that the board of county 3939
commissioners make an appropriation to the county hospital for the 3940
ensuing fiscal year.3941

       (7) All moneys appropriated by the board of county 3942
commissioners or from special levies by the board of county 3943
commissioners for the operation of the hospital, when collected 3944
shall be paid to the board of county hospital trustees on a 3945
warrant of the county auditor and approved by the board of county 3946
commissioners. 3947

       (8) The board of county hospital trustees shall provide for 3948
the conduct of an annual financial audit of the county hospital. 3949
Not later than thirty days after it receives the final report of 3950
an annual financial audit, the board shall file a copy of the 3951
report with the board of county commissioners.3952

       (E) For the public purpose of improving the health, safety, 3953
and general welfare of the community, the board of county hospital 3954
trustees may donate to a nonprofit entity any of the following:3955

       (1) Moneys and other financial assets determined not to be 3956
necessary to meet current demands on the hospital;3957

       (2) Surplus hospital property, including supplies, equipment, 3958
office facilities, and other property that is not real estate or 3959
an interest in real estate;3960

       (3) Services rendered by the hospital.3961

       (F)(1) For purposes of division (F)(2) of this section:3962

       (a) "Bank" has the same meaning as in section 1101.01 of the 3963
Revised Code.3964

       (b) "Savings and loan association" has the same meaning as in 3965
section 1151.01 of the Revised Code.3966

       (c) "Savings bank" has the same meaning as in section 1161.01 3967
of the Revised Code.3968

       (2) The board of county hospital trustees may enter into a 3969
contract for a secured line of credit with a bank, savings and 3970
loan association, or savings bank if the contract meets all of the 3971
following requirements:3972

       (a) The term of the contract does not exceed one year, except 3973
that the contract may provide for the automatic renewal of the 3974
contract for up to four additional one-year periods if, on the 3975
date of automatic renewal, the aggregate outstanding draws 3976
remaining unpaid under the secured line of credit do not exceed 3977
fifty per cent of the maximum amount that can be drawn under the 3978
secured line of credit.3979

       (b) The contract provides that the bank, savings and loan 3980
association, or savings bank shall not commence a civil action 3981
against the board of county commissioners, any member of the 3982
board, or the county to recover the principal, interest, or any 3983
charges or other amounts that remain outstanding on the secured 3984
line of credit at the time of any default by the board of county 3985
hospital trustees.3986

       (c) The contract provides that no assets other than those of 3987
the county hospital can be used to secure the line of credit.3988

       (d) The terms and conditions of the contract comply with all 3989
state and federal statutes and rules governing the extension of a 3990
secured line of credit.3991

       (3) Any obligation incurred by a board of county hospital 3992
trustees under division (F)(2) of this section is an obligation of 3993
that board only and not a general obligation of the board of 3994
county commissioners or the county within the meaning of division 3995
(Q) of section 133.01 of the Revised Code.3996

       (4) Notwithstanding anything to the contrary in the Revised 3997
Code, the board of county hospital trustees may secure the line of 3998
credit authorized under division (F)(2) of this section by the 3999
grant of a security interest in any part or all of its tangible 4000
personal property and intangible personal property, including its 4001
deposit accounts, accounts receivable, or both.4002

       (5) No board of county hospital trustees shall at any time 4003
have more than one secured line of credit under division (F)(2) of 4004
this section.4005

       (G) The board of county hospital trustees shall establish a 4006
schedule of charges for all services and treatment rendered by the 4007
county hospital. It may provide for the free treatment in the 4008
hospital of soldiers, sailors, and marines of the county, under 4009
such conditions and rules as it prescribes.4010

       (H) The board of county hospital trustees may designate the 4011
amounts and forms of insurance protection to be provided, and the 4012
board of county commissioners shall assist in obtaining such 4013
protection. The expense of providing the protection shall be paid 4014
from hospital operating funds.4015

       (I) The board of county hospital trustees may authorize a 4016
county hospital and each of its units, hospital board members, 4017
designated hospital employees, and medical staff members to be a 4018
member of and maintain membership in any local, state, or national 4019
group or association organized and operated for the promotion of 4020
the public health and welfare or advancement of the efficiency of 4021
hospital administration and in connection therewith to use tax 4022
funds for the payment of dues and fees and related expenses but 4023
nothing in this section prohibits the board from using receipts 4024
from hospital operation, other than tax funds, for the payment of 4025
such dues and fees.4026

       (J) The following apply to the board of county hospital 4027
trustees in relation to its employees and the employees of the 4028
county hospital:4029

       (1) The board shall adopt the wage and salary schedule for 4030
employees.4031

       (2) The board may employ the hospital's administrator 4032
pursuant to section 339.07 of the Revised Code, and the 4033
administrator may employ individuals for the hospital in 4034
accordance with that section.4035

       (3) The board may employ assistants as necessary to perform 4036
its clerical work, superintend properly the construction of the 4037
county hospital, and pay the hospital's expenses. Such employees 4038
may be paid from funds provided for the county hospital.4039

       (4) The board may hire, by contract or as salaried employees, 4040
such management consultants, accountants, attorneys, engineers, 4041
architects, construction managers, and other professional advisors 4042
as it determines are necessary and desirable to assist in the 4043
management of the programs and operation of the county hospital. 4044
Such professional advisors may be paid from county hospital 4045
operating funds.4046

       (5) Notwithstanding section 325.19 of the Revised Code, the 4047
board may grant to employees any fringe benefits the board 4048
determines to be customary and usual in the nonprofit hospital 4049
field in its community, including, but not limited to:4050

       (a) Additional vacation leave with full pay for full-time 4051
employees, including full-time hourly rate employees, after 4052
service of one year;4053

       (b) Vacation leave and holiday pay for part-time employees on 4054
a pro rata basis;4055

       (c) Leave with full pay due to death in the employee's 4056
immediate family, which shall not be deducted from the employee's 4057
accumulated sick leave;4058

       (d) Premium pay for working on holidays listed in section 4059
325.19 of the Revised Code;4060

       (e) Moving expenses for new employees;4061

       (f) Discounts on hospital supplies and services.4062

       (6) The board may provide holiday leave by observing Martin 4063
Luther King day, Washington-Lincoln day, Columbus day, and 4064
Veterans' day on days other than those specified in section 1.14 4065
of the Revised Code.4066

       (7) The board may grant to employees the insurance benefits 4067
authorized by section 339.16 of the Revised Code.4068

       (8) Notwithstanding section 325.19 of the Revised Code, the 4069
board may grant to employees, including hourly rate employees, 4070
such personal holidays as the board determines to be customary and 4071
usual in the hospital field in its community.4072

       (9) The board may provide employee recognition awards and 4073
hold employee recognition dinners.4074

       (10) The board may grant to employees the recruitment and 4075
retention benefits specified under division (K)(L) of this 4076
section.4077

       (K) For purposes of division (J)(1) of this section, the 4078
board of county hospital trustees, when establishing a wage and 4079
salary schedule, shall require performance to be the only basis 4080
for an employee's progression through the schedule.4081

       (L) Notwithstanding sections 325.191 and 325.20 of the 4082
Revised Code, the board of county hospital trustees may provide, 4083
without the prior authorization of the board of county 4084
commissioners, scholarships for education in the health care 4085
professions, tuition reimbursement, and other staff development 4086
programs to enhance the skills of health care professionals for 4087
the purpose of recruiting or retaining qualified employees.4088

       The board of county hospital trustees may pay reasonable 4089
expenses for recruiting or retaining physicians and other 4090
appropriate health care practitioners.4091

       (L)(M) The board of county hospital trustees may retain 4092
counsel and institute legal action in its own name for the 4093
collection of delinquent accounts. The board may also employ any 4094
other lawful means for the collection of delinquent accounts.4095

       Sec. 339.07.  (A) The board of county hospital trustees shall 4096
provide for the administration of the county hospital by directly 4097
employing a hospital administrator or by entering into a contract 4098
for the management of the hospital under which an administrator is 4099
provided. When an administrator is employed directly, the board 4100
shall adopt a job description delineating the administrator's 4101
powers and duties and the board may pay the administrator's salary 4102
and other benefits from funds provided for the hospital. 4103

       (B) During the construction and equipping of the hospital, 4104
the administrator shall act in an advisory capacity to the board 4105
of county hospital trustees. After the hospital is completed, the 4106
administrator shall serve as the chief executive officer and shall 4107
carry out the administration of the county hospital according to 4108
the policies set forth by the board.4109

       The administrator shall administer the county hospital, make 4110
reports, and take any other action that the administrator 4111
determines is necessary for the operation of the hospital.4112

       At the end of each fiscal year, the administrator shall 4113
submit to the board a complete financial statement showing the 4114
receipts, revenues, and expenditures in detail for the entire 4115
fiscal year.4116

       The administrator shall ensure that the hospital has such 4117
physicians, nurses, and other employees as are necessary for the 4118
proper care, control, and management of the county hospital and 4119
its patients. The physicians, nurses, and other employees may be 4120
suspended or removed by the administrator at any time the welfare 4121
of the hospital warrants suspension or removal. The administrator 4122
may obtain physicians, nurses, and other employees by direct 4123
employment, entering into contracts, or granting authority to 4124
practice in the hospital. Persons employed directly shall be in 4125
the unclassified civil service, pursuant to section 124.11 of the 4126
Revised Code. If the board delegates to the administrator the 4127
authority to fix employee compensation in accordance with the wage 4128
and salary schedule established by the board under section 339.06 4129
of the Revised Code, the administrator shall use performance as 4130
the only basis for an employee's progression through that 4131
schedule.4132

       Sec. 340.04. (A) In addition to such other duties as may be 4133
lawfully imposed, the executive director of a board of alcohol, 4134
drug addiction, and mental health services shall:4135

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

       (B)(2) Supervise services and facilities provided, operated, 4139
contracted, or supported by the board to the extent of determining 4140
that programs are being administered in conformity with this 4141
chapter and rules of the director of mental health and the 4142
department of alcohol and drug addiction services;4143

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

       (D)(4) Recommend to the board the changes necessary to 4146
increase the effectiveness of mental health services and alcohol 4147
and drug addiction services and other matters necessary or 4148
desirable to carry out this chapter;4149

       (E)(5) Employ and remove from office such employees and 4150
consultants in the classified civil service and, subject to the 4151
approval of the board, employ and remove from office such other 4152
employees and consultants as may be necessary for the work of the 4153
board, and fix their compensation and reimbursement within the 4154
limits set by the salary schedule and the budget approved by the 4155
board;4156

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

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

       (H)(8) Conduct such studies as may be necessary and 4163
practicable for the promotion of mental health and the prevention 4164
of mental illness, emotional disorders, and addiction to alcohol 4165
and drugs;4166

       (I)(9) Authorize the county auditor, or in a joint-county 4167
district the county auditor designated as the auditor for the 4168
district, to issue warrants for the payment of board obligations 4169
approved by the board, provided that all payments are in 4170
accordance with the comprehensive community mental health plan, as 4171
approved by the department of mental health, or with the alcohol 4172
and drug addiction services plan as approved by the department of 4173
alcohol and drug addiction services.4174

       (B) For purposes of division (A)(5) of this section, a board 4175
of alcohol, drug addiction, and mental health services, when 4176
establishing a salary schedule, shall require performance to be 4177
the only basis, and the executive director shall use performance 4178
as the only basis, for an employee's progression through the 4179
schedule.4180

       Sec. 505.38.  (A) In each township or fire district that has 4181
a fire department, the head of the department shall be a fire 4182
chief, appointed by the board of township trustees, except that, 4183
in a joint fire district, the fire chief shall be appointed by the 4184
board of fire district trustees. Neither this section nor any 4185
other section of the Revised Code requires, or shall be construed 4186
to require, that the fire chief be a resident of the township or 4187
fire district.4188

       The board shall provide for the employment of firefighters as 4189
it considers best and shall fix their compensation. No person 4190
shall be appointed as a permanent full-time paid member, whose 4191
duties include fire fighting, of the fire department of any 4192
township or fire district unless that person has received a 4193
certificate issued under former section 3303.07 or section 4765.55 4194
of the Revised Code evidencing satisfactory completion of a 4195
firefighter training program. Those appointees shall continue in 4196
office until removed from office as provided by sections 733.35 to 4197
733.39 of the Revised Code. To initiate removal proceedings, and 4198
for that purpose, the board shall designate the fire chief or a 4199
private citizen to investigate the conduct and prepare the 4200
necessary charges in conformity with those sections.4201

       In case of the removal of a fire chief or any member of the 4202
fire department of a township or fire district, an appeal may be 4203
had from the decision of the board to the court of common pleas of 4204
the county in which the township or fire district fire department 4205
is situated to determine the sufficiency of the cause of removal. 4206
The appeal from the findings of the board shall be taken within 4207
ten days.4208

       No person who is appointed as a volunteer firefighter of the 4209
fire department of any township or fire district shall remain in 4210
that position unless either of the following applies:4211

       (1) Within one year of the appointment, the person has 4212
received a certificate issued under former section 3303.07 of the 4213
Revised Code or section 4765.55 of the Revised Code evidencing 4214
satisfactory completion of a firefighter training program.4215

       (2) The person began serving as a permanent full-time paid 4216
firefighter with the fire department of a city or village prior to 4217
July 2, 1970, or as a volunteer firefighter with the fire 4218
department of a city, village, or other township or fire district 4219
prior to July 2, 1979, and receives a certificate issued under 4220
division (C)(3) of section 4765.55 of the Revised Code.4221

       No person shall receive an appointment under this section, in 4222
the case of a volunteer firefighter, unless the person has, not 4223
more than sixty days prior to receiving the appointment, passed a 4224
physical examination, given by a licensed physician, a physician 4225
assistant, a clinical nurse specialist, a certified nurse 4226
practitioner, or a certified nurse-midwife, showing that the 4227
person meets the physical requirements necessary to perform the 4228
duties of the position to which the person is appointed as 4229
established by the board of township trustees having jurisdiction 4230
over the appointment. The appointing authority, prior to making an 4231
appointment, shall file with the Ohio police and fire pension fund 4232
or the local volunteer fire fighters' dependents fund board a copy 4233
of the report or findings of that licensed physician, physician 4234
assistant, clinical nurse specialist, certified nurse 4235
practitioner, or certified nurse-midwife. The professional fee for 4236
the physical examination shall be paid for by the board of 4237
township trustees.4238

       (B) In each township not having a fire department, the board 4239
of township trustees shall appoint a fire prevention officer who 4240
shall exercise all of the duties of a fire chief except those 4241
involving the maintenance and operation of fire apparatus. The 4242
board may appoint one or more deputy fire prevention officers who 4243
shall exercise the duties assigned by the fire prevention officer.4244

       The board may fix the compensation for the fire prevention 4245
officer and the fire prevention officer's deputies as it considers 4246
best. The board shall appoint each fire prevention officer and 4247
deputy for a one-year term. An appointee may be reappointed at the 4248
end of a term to another one-year term. Any appointee may be 4249
removed from office during a term as provided by sections 733.35 4250
to 733.39 of the Revised Code. Section 505.45 of the Revised Code 4251
extends to those officers.4252

       (C)(1) Division (A) of this section does not apply to any 4253
township that has a population of ten thousand or more persons 4254
residing within the township and outside of any municipal 4255
corporation, that has its own fire department employing ten or 4256
more full-time paid employees, and that has a civil service 4257
commission established under division (B) of section 124.40 of the 4258
Revised Code. The township shall comply with the procedures for 4259
the employment, promotion, and discharge of firefighters provided 4260
by Chapter 124. of the Revised Code, except as otherwise provided 4261
in divisions (C)(2) and (3) of this section.4262

       (2) The board of township trustees of the township may 4263
appoint the fire chief, and any person so appointed shall be in 4264
the unclassified service under section 124.11 of the Revised Code 4265
and shall serve at the pleasure of the board. Neither this section 4266
nor any other section of the Revised Code requires, or shall be 4267
construed to require, that the fire chief be a resident of the 4268
township. A person who is appointed fire chief under these 4269
conditions and who is removed by the board or resigns from the 4270
position is entitled to return to the classified service in the 4271
township fire department in the position held just prior to the 4272
appointment as fire chief.4273

       (3) The appointing authority of an urban township, as defined 4274
in section 504.01 of the Revised Code, may appoint to a vacant 4275
position any one of the three highest scorers on the eligible list 4276
for a promotional examination.4277

       (4) The board of township trustees shall determine the number 4278
of personnel required and establish salary schedules and 4279
conditions of employment not in conflict with Chapter 124. of the 4280
Revised Code. The board, when establishing a salary schedule, 4281
shall require performance to be the only basis for an employee's 4282
progression through the schedule.4283

       (5) No person shall receive an original appointment as a 4284
permanent full-time paid member of the fire department of the 4285
township described in this division unless the person has received 4286
a certificate issued under former section 3303.07 or section 4287
4765.55 of the Revised Code evidencing the satisfactory completion 4288
of a firefighter training program.4289

       (6) Persons employed as firefighters in the township 4290
described in this division on the date a civil service commission 4291
is appointed pursuant to division (B) of section 124.40 of the 4292
Revised Code, without being required to pass a competitive 4293
examination or a firefighter training program, shall retain their 4294
employment and any rank previously granted them by action of the 4295
board of township trustees or otherwise, but those persons are 4296
eligible for promotion only by compliance with Chapter 124. of the 4297
Revised Code.4298

       Sec. 505.49.  (A) As used in this section, "felony" has the 4299
same meaning as in section 109.511 of the Revised Code.4300

       (B)(1) The township trustees by a two-thirds vote of the 4301
board may adopt rules necessary for the operation of the township 4302
police district, including a determination of the qualifications 4303
of the chief of police, patrol officers, and others to serve as 4304
members of the district police force.4305

       (2) Except as otherwise provided in division (E) of this 4306
section and subject to division (D) of this section, the township 4307
trustees by a two-thirds vote of the board shall appoint a chief 4308
of police for the district, determine the number of patrol 4309
officers and other personnel required by the district, and 4310
establish salary schedules and other conditions of employment for 4311
the employees of the township police district. The township 4312
trustees, when establishing a salary schedule under this division, 4313
shall require performance to be the only basis for an employee's 4314
progression through the schedule. The township trustees shall 4315
prohibit, for purposes of determining performance, any 4316
consideration of the number or type of citations that the employee 4317
issues. The chief of police of the district shall serve at the 4318
pleasure of the township trustees and shall appoint patrol 4319
officers and other personnel that the district may require, 4320
subject to division (D) of this section and to the rules and 4321
limits as to qualifications, salary ranges, and numbers of 4322
personnel established by the board of township trustees. The chief 4323
of police shall use performance as the only basis for a patrol 4324
officer's or other personnel's progression through the salary 4325
schedule established by the township trustees. For purposes of 4326
determining performance, the chief of police shall not consider 4327
the number or type of citations that a person issues. The township 4328
trustees may include in the township police district and under the 4329
direction and control of the chief of police any constable 4330
appointed pursuant to section 509.01 of the Revised Code, or may 4331
designate the chief of police or any patrol officer appointed by 4332
the chief of police as a constable, as provided for in section 4333
509.01 of the Revised Code, for the township police district.4334

       (3) Except as provided in division (D) of this section, a 4335
patrol officer, other police district employee, or police 4336
constable, who has been awarded a certificate attesting to the 4337
satisfactory completion of an approved state, county, or municipal 4338
police basic training program, as required by section 109.77 of 4339
the Revised Code, may be removed or suspended only under the 4340
conditions and by the procedures in sections 505.491 to 505.495 of 4341
the Revised Code. Any other patrol officer, police district 4342
employee, or police constable shall serve at the pleasure of the 4343
township trustees. In case of removal or suspension of an 4344
appointee by the board of township trustees, that appointee may 4345
appeal the decision of the board to the court of common pleas of 4346
the county in which the district is situated to determine the 4347
sufficiency of the cause of removal or suspension. The appointee 4348
shall take the appeal within ten days of written notice to the 4349
appointee of the decision of the board.4350

       (C)(1) Division (B) of this section does not apply to a 4351
township that has a population of ten thousand or more persons 4352
residing within the township and outside of any municipal 4353
corporation, that has its own police department employing ten or 4354
more full-time paid employees, and that has a civil service 4355
commission established under division (B) of section 124.40 of the 4356
Revised Code. The township shall comply with the procedures for 4357
the employment, promotion, and discharge of police personnel 4358
provided by Chapter 124. of the Revised Code, except as otherwise 4359
provided in divisions (C)(2) and (3) of this section.4360

       (2) The board of township trustees of the township may 4361
appoint the chief of police, and a person so appointed shall be in 4362
the unclassified service under section 124.11 of the Revised Code 4363
and shall serve at the pleasure of the board. A person appointed 4364
chief of police under these conditions who is removed by the board 4365
or who resigns from the position shall be entitled to return to 4366
the classified service in the township police department, in the 4367
position that person held previous to the person's appointment as 4368
chief of police.4369

       (3) The appointing authority of an urban township, as defined 4370
in section 504.01 of the Revised Code, may appoint to a vacant 4371
position any one of the three highest scorers on the eligible list 4372
for a promotional examination.4373

       (4) The board of township trustees shall determine the number 4374
of personnel required and establish salary schedules and 4375
conditions of employment not in conflict with Chapter 124. of the 4376
Revised Code. The board, when establishing a salary schedule under 4377
this division, shall require and use performance as the only basis 4378
for an employee's progression through the schedule. In no case 4379
shall performance be determined based on the number or type of 4380
citations that the employee issues.4381

       (5) Persons employed as police personnel in a township 4382
described in this division on the date a civil service commission 4383
is appointed pursuant to division (B) of section 124.40 of the 4384
Revised Code, without being required to pass a competitive 4385
examination or a police training program, shall retain their 4386
employment and any rank previously granted them by action of the 4387
township trustees or otherwise, but those persons are eligible for 4388
promotion only by compliance with Chapter 124. of the Revised 4389
Code.4390

       (6) This division does not apply to constables appointed 4391
pursuant to section 509.01 of the Revised Code. This division is 4392
subject to division (D) of this section.4393

       (D)(1) The board of township trustees shall not appoint or 4394
employ a person as a chief of police, and the chief of police 4395
shall not appoint or employ a person as a patrol officer or other 4396
peace officer of a township police district or a township police 4397
department, on a permanent basis, on a temporary basis, for a 4398
probationary term, or on other than a permanent basis if the 4399
person previously has been convicted of or has pleaded guilty to a 4400
felony.4401

       (2)(a) The board of township trustees shall terminate the 4402
appointment or employment of a chief of police, patrol officer, or 4403
other peace officer of a township police district or township 4404
police department who does either of the following:4405

       (i) Pleads guilty to a felony;4406

       (ii) Pleads guilty to a misdemeanor pursuant to a negotiated 4407
plea agreement as provided in division (D) of section 2929.43 of 4408
the Revised Code in which the chief of police, patrol officer, or 4409
other peace officer of a township police district or township 4410
police department agrees to surrender the certificate awarded to 4411
that chief of police, patrol officer, or other peace officer under 4412
section 109.77 of the Revised Code.4413

       (b) The board shall suspend the appointment or employment of 4414
a chief of police, patrol officer, or other peace officer of a 4415
township police district or township police department who is 4416
convicted, after trial, of a felony. If the chief of police, 4417
patrol officer, or other peace officer of a township police 4418
district or township police department files an appeal from that 4419
conviction and the conviction is upheld by the highest court to 4420
which the appeal is taken or if no timely appeal is filed, the 4421
board shall terminate the appointment or employment of that chief 4422
of police, patrol officer, or other peace officer. If the chief of 4423
police, patrol officer, or other peace officer of a township 4424
police district or township police department files an appeal that 4425
results in that chief of police's, patrol officer's, or other 4426
peace officer's acquittal of the felony or conviction of a 4427
misdemeanor, or in the dismissal of the felony charge against the 4428
chief of police, patrol officer, or other peace officer, the board 4429
shall reinstate that chief of police, patrol officer, or other 4430
peace officer. A chief of police, patrol officer, or other peace 4431
officer of a township police district or township police 4432
department who is reinstated under division (D)(2)(b) of this 4433
section shall not receive any back pay unless the conviction of 4434
that chief of police, patrol officer, or other peace officer of 4435
the felony was reversed on appeal, or the felony charge was 4436
dismissed, because the court found insufficient evidence to 4437
convict the chief of police, patrol officer, or other peace 4438
officer of the felony.4439

       (3) Division (D) of this section does not apply regarding an 4440
offense that was committed prior to January 1, 1997.4441

       (4) The suspension or termination of the appointment or 4442
employment of a chief of police, patrol officer, or other peace 4443
officer under division (D)(2) of this section shall be in 4444
accordance with Chapter 119. of the Revised Code.4445

       (E) The board of township trustees may enter into a contract 4446
under section 505.43 or 505.50 of the Revised Code to obtain all 4447
police protection for the township police district from one or 4448
more municipal corporations, county sheriffs, or other townships. 4449
If the board enters into such a contract, subject to division (D) 4450
of this section, it may, but is not required to, appoint a police 4451
chief for the district.4452

       (F) The members of the police force of a township police 4453
district of a township that adopts the limited self-government 4454
form of township government shall serve as peace officers for the 4455
township territory included in the district.4456

       (G) A chief of police or patrol officer of a township police 4457
district, or of a township police department, may participate, as 4458
the director of an organized crime task force established under 4459
section 177.02 of the Revised Code or as a member of the 4460
investigatory staff of that task force, in an investigation of 4461
organized criminal activity in any county or counties in this 4462
state under sections 177.01 to 177.03 of the Revised Code.4463

       Sec. 505.60.  (A) AsExcept as provided in section 124.81 of 4464
the Revised Code, and as provided in this section and section 4465
505.601 of the Revised Code, the board of township trustees of any 4466
township may procure and pay all or any part of the cost of 4467
insurance policies that may provide benefits for hospitalization, 4468
surgical care, major medical care, disability, dental care, eye 4469
care, medical care, hearing aids, prescription drugs, or sickness 4470
and accident insurance, or a combination of any of the foregoing 4471
types of insurance for township officers and employees. The board 4472
of township trustees of any township may negotiate and contract 4473
for the purchase of a policy of long-term care insurance for 4474
township officers and employees pursuant to section 124.841 of the 4475
Revised Code.4476

        If the board procures any insurance policies under this 4477
section, the board shall provide uniform coverage under these 4478
policies for township officers and full-time township employees 4479
and their immediate dependents, and may provide coverage under 4480
these policies for part-time township employees and their 4481
immediate dependents, from the funds or budgets from which the 4482
officers or employees are compensated for services, such policies 4483
to be issued by an insurance company duly authorized to do 4484
business in this state. 4485

       (B) The board may also provide coverage for any or all of the 4486
benefits described in division (A) of this section by entering 4487
into a contract for group health care services with health 4488
insuring corporations holding certificates of authority under 4489
Chapter 1751. of the Revised Code for township officers and 4490
employees and their immediate dependents. If the board so 4491
contracts, it shall provide uniform coverage under any such 4492
contracts for township officers and full-time township employees 4493
and their immediate dependents, from the funds or budgets from 4494
which the officers or employees are compensated for services, and 4495
may provide coverage under such contracts for part-time township 4496
employees and their immediate dependents, from the funds or 4497
budgets from which the officers or employees are compensated for 4498
services, provided that each officer and employee so covered is 4499
permitted to:4500

       (1) Choose between a plan offered by an insurance company and 4501
a plan offered by a health insuring corporation, and provided 4502
further that the officer or employee pays any amount by which the 4503
cost of the plan chosen exceeds the cost of the plan offered by 4504
the board under this section;4505

       (2) Change the choice made under this division at a time each 4506
year as determined in advance by the board.4507

       An addition of a class or change of definition of coverage to 4508
the plan offered under this division by the board may be made at 4509
any time that it is determined by the board to be in the best 4510
interest of the township. If the total cost to the township of the 4511
revised plan for any trustee's coverage does not exceed that cost 4512
under the plan in effect during the prior policy year, the 4513
revision of the plan does not cause an increase in that trustee's 4514
compensation.4515

       (C) Any township officer or employee may refuse to accept any 4516
coverage authorized by this section without affecting the 4517
availability of such coverage to other township officers and 4518
employees.4519

       (D) If any township officer or employee is denied coverage 4520
under a health care plan procured under this section or if any 4521
township officer or employee elects not to participate in the 4522
township's health care plan, the township may reimburse the 4523
officer or employee for each out-of-pocket premium attributable to 4524
the coverage provided for the officer or employee for insurance 4525
benefits described in division (A) of this section that the 4526
officer or employee otherwise obtains, but not to exceed an amount 4527
equal to the average premium paid by the township for its officers 4528
and employees under any health care plan it procures under this 4529
section.4530

       (E) The board may provide the benefits authorized under this 4531
section, without competitive bidding, by contributing to a health 4532
and welfare trust fund administered through or in conjunction with 4533
a collective bargaining representative of the township employees 4534
in the same manner as described in division (G) of section 124.81 4535
of the Revised Code.4536

       The board may also provide the benefits described in this 4537
section through an individual self-insurance program or a joint 4538
self-insurance program as provided in section 9.833 of the Revised 4539
Code.4540

       (F) If a board of township trustees fails to pay one or more 4541
premiums for a policy, contract, or plan of insurance or health 4542
care services authorized under this section and the failure causes 4543
a lapse, cancellation, or other termination of coverage under the 4544
policy, contract, or plan, it may reimburse a township officer or 4545
employee for, or pay on behalf of the officer or employee, any 4546
expenses incurred that would have been covered under the policy, 4547
contract, or plan.4548

       (G) As used in this section and section 505.601 of the 4549
Revised Code:4550

       (1) "Part-time township employee" means a township employee 4551
who is hired with the expectation that the employee will work not 4552
more than one thousand five hundred hours in any year.4553

       (2) "Premium" does not include any deductible or health care 4554
costs paid directly by a township officer or employee.4555

       Sec. 709.012.  When a municipal corporation annexes township 4556
territory which results in a reduction of the firefighting force 4557
of the township or joint township fire district, the reduction 4558
shall be made by dismissal of firefighters in the inverse order of4559
seniority, with the employee with least time of service being 4560
dismissed firstshall not be the only factor used in determining 4561
dismissals. The annexing municipal corporation shall offer 4562
employment in the inverse order of dismissal by the township to4563
suchdismissed firefighters if a vacancy exists in the municipal 4564
fire department and if they:4565

       (A) Were full-time paid active members of the township or 4566
joint township firefighting force for at least six months prior to 4567
dismissal and have made application to the municipal corporation 4568
within sixty days after the effective date of dismissal;4569

       (B) Have passed a physical examination as prescribed by the 4570
physician of the annexing municipal corporation and meet the 4571
requirements necessary to perform firefighting duties;4572

       (C) Meet minimum standards of the municipal corporation with 4573
respect to moral character, literacy, and ability to understand 4574
oral and written instructions as determined by an interview 4575
conducted by the fire department of the municipal corporation. The 4576
applicant shall be at least twenty-one years of age on the date of 4577
application.4578

       (D) Are able to qualify for membership in the Ohio police and 4579
fire pension fund.4580

       A physical examination required by division (B) of this 4581
section may be conducted by any individual authorized by the 4582
Revised Code to conduct physical examinations, including a 4583
physician assistant, a clinical nurse specialist, a certified 4584
nurse practitioner, or a certified nurse-midwife. Any written 4585
documentation of the physical examination shall be completed by 4586
the individual who administered the examination.4587

       If no vacancy exists in the municipal fire department at the 4588
time of the application referred to in division (A) of this 4589
section, the application shall be held until a vacancy occurs. 4590
When such a vacancy occurs, the applicant shall be entitled to 4591
employment in accordance with the requirements of divisions (A), 4592
(B), (C), and (D) of this section. So long as any application for 4593
employment has been made and is being held under this section, the 4594
municipal corporation shall not fill any vacancy in its fire 4595
department by original appointment. If there are individuals who 4596
are entitled to reinstatement in the municipal fire department and 4597
the vacancies therein are insufficient to permit both such 4598
reinstatements and employment of all those applying for employment 4599
under division (A) of this section, the persons having the 4600
greatest length of service, whether with the municipal or township 4601
fire department, shall be entitled to fill the vacancies as they 4602
occur.4603

       A person employed under this section, upon acceptance into 4604
the municipal fire department, shall be given the rank of 4605
"firefighter" and entitled to full seniority credit for prior 4606
service in the township or joint township fire district. The 4607
person shall be entitled to the same salary, future benefits, 4608
vacations, earned time, sick leave, and other rights and 4609
privileges as the municipal fire department extends to other 4610
employees with the same amount of prior service. The person may 4611
take promotional examinations only after completion of one year of 4612
service with the municipal fire department and after meeting any 4613
applicable civil service requirements for such examination.4614

       Compliance with this section is in lieu of compliance with 4615
section 124.42 of the Revised Code or any other requirements for 4616
original appointment to a municipal fire district.4617

       Sec. 742.31.  Each employee shall contribute an amount equal 4618
to ten per cent of the employee's salary to the Ohio police and 4619
fire pension fund. TheThe contributions required under this 4620
section shall not be paid by an employer on an employee's behalf, 4621
but may be treated as employer contributions for purposes of state 4622
and federal income tax deferred income provisions.4623

       The amount shall be deducted by the employer from the 4624
employee's salary as defined in division (L) of section 742.01 of 4625
the Revised Code for each payroll period, irrespective of whether 4626
the minimum compensation provided by law for the employee is 4627
reduced thereby. Every employee shall be deemed to consent to the 4628
deductions, and payment to the employee less the deductions is a 4629
complete discharge and acquittance of all claims and demands for 4630
the services rendered by the employee during the period covered by 4631
such payment.4632

       Sec. 742.63.  The board of trustees of the Ohio police and 4633
fire pension fund shall adopt rules for the management of the Ohio 4634
public safety officers death benefit fund and for disbursements of 4635
benefits as set forth in this section.4636

       (A) As used in this section:4637

       (1) "Member" means all of the following:4638

       (a) A member of the Ohio police and fire pension fund, 4639
including a member of the fund who has elected to participate in 4640
the deferred retirement option plan established under section 4641
742.43 of the Revised Code or a member of or contributor to a 4642
police or firemen's relief and pension fund established under 4643
former Chapter 521. or 741. of the Revised Code;4644

       (b) A member of the state highway patrol retirement system, 4645
including a member who is participating in the deferred retirement 4646
option plan established under section 5505.50 of the Revised Code;4647

       (c) A member of the public employees retirement system who at 4648
the time of the member's death was one of the following:4649

       (i) A county sheriff or deputy sheriff;4650

       (ii) A full-time regular police officer in a municipal 4651
corporation or township;4652

       (iii) A full-time regular firefighter employed by the state, 4653
an instrumentality of the state, a municipal corporation, a 4654
township, a joint fire district, or another political subdivision;4655

       (iv) A full-time park district ranger or patrol trooper;4656

       (v) A full-time law enforcement officer of the department of 4657
natural resources;4658

       (vi) A full-time department of public safety enforcement 4659
agent;4660

       (vii) A full-time law enforcement officer of parks, waterway 4661
lands, or reservoir lands under the control of a municipal 4662
corporation;4663

       (viii) A full-time law enforcement officer of a conservancy 4664
district;4665

       (ix) A correction officer at an institution under the control 4666
of a county, a group of counties, a municipal corporation, or the 4667
department of rehabilitation and correction;4668

       (x) A state university law enforcement officer;4669

       (xi) An investigator, as defined in section 109.541 of the 4670
Revised Code, or an investigator commissioned as a special agent 4671
of the bureau of criminal identification and investigation.4672

       (xii) A drug agent, as defined in section 145.01 of the 4673
Revised Code.4674

       (d) A member of a retirement system operated by a municipal 4675
corporation who at the time of death was a full-time law 4676
enforcement officer of parks, waterway lands, or reservoir lands 4677
under the control of the municipal corporation.4678

       (2) Notwithstanding section 742.01 of the Revised Code, "fire 4679
or police department" includes a fire department of the state or 4680
an instrumentality of the state or of a municipal corporation, 4681
township, joint fire district, or other political subdivision, the 4682
state highway patrol, a county sheriff's office, the security 4683
force of an institution under the control of the department of 4684
rehabilitation and correction, the security force of a jail or 4685
workhouse under the control of a county, group of counties, or 4686
municipal corporation, the security force of a metropolitan, 4687
county, or township park district, the security force of lands 4688
under the control of the department of natural resources, 4689
department of public safety enforcement agents, the security force 4690
of parks, waterway lands, or reservoir lands under the control of 4691
a municipal corporation, the security force of a conservancy 4692
district, the police department of a township or municipal 4693
corporation, and the police force of a state university.4694

       (3) "Firefighter or police officer" includes a state highway 4695
patrol trooper, a county sheriff or deputy sheriff, a correction 4696
officer at an institution under the control of a county, a group 4697
of counties, a municipal corporation, or the department of 4698
rehabilitation and correction, a police officer employed by a 4699
township or municipal corporation, a firefighter employed by the 4700
state, an instrumentality of the state, a municipal corporation, a 4701
township, a joint fire district, or another political subdivision, 4702
a full-time park district ranger or patrol trooper, a full-time 4703
law enforcement officer of the department of natural resources, a 4704
full-time department of public safety enforcement agent, a 4705
full-time law enforcement officer of parks, waterway lands, or 4706
reservoir lands under the control of a municipal corporation, a 4707
full-time law enforcement officer of a conservancy district, and a 4708
state university law enforcement officer.4709

       (4) "Correction officer" includes, in addition to any 4710
correction officer, any correction corporal, sergeant, lieutenant