(C) The contracts as provided for in this section may be | 28 |
terminated by a majority vote of the board of education. Except as | 29 |
provided in sectionsections 3319.0810 and 3319.172 of the Revised | 30 |
Code, the contracts may be terminated only for violation of | 31 |
written rules and regulations as set forth by the board of | 32 |
education or for incompetency, inefficiency, dishonesty, | 33 |
drunkenness, immoral conduct, insubordination, discourteous | 34 |
treatment of the public, neglect of duty, or any other acts of | 35 |
misfeasance, malfeasance, or nonfeasance. In addition to the right | 36 |
of the board of education to terminate the contract of an | 37 |
employee, the board may suspend an employee for a definite period | 38 |
of time or demote the employee for the reasons set forth in this | 39 |
division. The action of the board of education terminating the | 40 |
contract of an employee or suspending or demoting the employee | 41 |
shall be served upon the employee by certified mail. Within ten | 42 |
days following the receipt of such notice by the employee, the | 43 |
employee may file an appeal, in writing, with the court of common | 44 |
pleas of the county in which such school board is situated. After | 45 |
hearing the appeal the common pleas court may affirm, disaffirm, | 46 |
or modify the action of the school board. | 47 |
(G) All nonteaching employees employed pursuant to this | 64 |
section and Chapter 124. of the Revised Code shall be paid for all | 65 |
time lost when the schools in which they are employed are closed | 66 |
owing to an epidemic or other public calamity. Nothing in this | 67 |
division shall be construed as requiring payment in excess of an | 68 |
employee's regular wage rate or salary for any time worked while | 69 |
the school in which the employee is employed is officially closed | 70 |
for the reasons set forth in this division. | 71 |
Sec. 3319.0810. (A) The board of education of any school | 72 |
district wherein the provisions of Chapter 124. of the Revised | 73 |
Code do not apply may terminate any of its transportation staff | 74 |
positions for reasons of economy and efficiency if the board | 75 |
instead of employing its own staff to transport some or all of the | 76 |
students enrolled in the district schools enters into a contract | 77 |
with an independent agent for the provision of transportation | 78 |
services for such students. Such a contract may be entered into | 79 |
only if all of the following conditions are satisfied: | 80 |
(1) Any collective bargaining agreement between the employee | 81 |
organization representing the employees whose positions are | 82 |
terminated under this section and the board has expired or will | 83 |
expire within sixty days and has not been renewed in conformance | 84 |
with provisions of that agreement and with Chapter 4117. of the | 85 |
Revised Code, or the agreement contains provisions permitting the | 86 |
termination of positions for reasons of economy and efficiency | 87 |
while the agreement is in force and the board is in conformance | 88 |
with those provisions. | 89 |
(2) The board permits any employee whose position is | 90 |
terminated under this section to fill any vacancy within the | 91 |
district's organization for which the employee is qualified. The | 92 |
board shall select from among similarly qualified employees to | 93 |
fill such vacancies pursuant to procedures established under any | 94 |
collective bargaining agreement between the employee organization | 95 |
representing the terminated employees and the board that is in | 96 |
force at the time of the termination, or in absence of such | 97 |
provisions on the basis of seniority of employment by the board | 98 |
with the employee with the greatest seniority having highest | 99 |
priority. | 100 |
(4) The board permits any employee whose position is | 109 |
terminated under this section to appeal in accordance with section | 110 |
119.12 of the Revised Code the board's decision to terminate the | 111 |
employee's position, not to hire that employee for another | 112 |
position pursuant to division (A)(2) of this section, or not to | 113 |
rehire that employee for the position if it is reinstated within | 114 |
one year after the position is terminated pursuant to division | 115 |
(A)(3) of this section. | 116 |
(B) If after terminating any positions of employment under | 140 |
this section the board fails to comply with any condition | 141 |
prescribed in division (A) of this section or fails to enforce on | 142 |
the agent its contractual obligations prescribed in divisions | 143 |
(A)(5) and (6) of this section, the terminations shall be void and | 144 |
the board shall reinstate the positions and fill them with the | 145 |
employees who filled those positions just prior to the | 146 |
terminations. Such employees shall be compensated at a rate equal | 147 |
to their rate of compensation in those positions just prior to the | 148 |
terminations plus any increases paid since the terminations to | 149 |
other nonteaching employees. The employees shall also be entitled | 150 |
to back pay at such rate for the period from the date of the | 151 |
terminations to the date of the reinstatements minus any pay | 152 |
received by the employees during any time the board was in | 153 |
compliance with such conditions or during any time the board | 154 |
enforced those obligations. | 155 |
Any employee aggrieved by the failure of the board to comply | 156 |
with any condition prescribed in division (A) of this section or | 157 |
to enforce on the agent its contractual obligations prescribed in | 158 |
divisions (A)(5) and (6) of this section shall have the right to | 159 |
sue the board for reinstatement of the employee's former position | 160 |
as provided for in this division in the court of common pleas for | 161 |
the county in which the school district is located or, if the | 162 |
school district is located in more than one county, in the court | 163 |
of common pleas for the county in which the majority of the | 164 |
territory of the school district is located. | 165 |