Bill Text: OH SB5 | 2011-2012 | 129th General Assembly | Comm Sub

Ohio Senate Bill 5 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: To make various changes to laws concerning public employees, including collective bargaining, salary schedules and compensation, layoff procedures, and leave.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Enrolled - Dead) 2011-03-31 - Governor' Action [SB5 Detail]

Download: Ohio-2011-SB5-Comm_Sub.html

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,

109.33, 122.40, 122.64, 122.72, 124.11, 124.134,

124.14, 124.15, 124.152, 124.181, 124.322,

124.325, 124.34, 124.38, 124.382, 124.388, 124.39,

124.81, 124.82, 126.32, 141.01, 141.02, 145.012,

145.47, 306.04, 307.054, 339.06, 339.07, 340.04,

505.38, 505.49, 505.60, 709.012, 742.31, 742.63,

749.082, 749.083, 917.03, 927.69, 991.02, 1349.71,

1509.35, 1513.182, 1513.29, 1545.071, 1551.35,

1707.36, 1707.46, 3301.03, 3304.12, 3306.01,

3307.27, 3307.77, 3309.47, 3311.19, 3313.12,

3313.202, 3313.23, 3313.24, 3313.33, 3313.42,

3314.10, 3316.07, 3317.01, 3317.018, 3317.11,

3317.13, 3319.01, 3319.011, 3319.02, 3319.06,

3319.08, 3319.084, 3319.085, 3319.088, 3319.09,

3319.10, 3319.11, 3319.111, 3319.13, 3319.14,

3319.141, 3319.17, 3319.172, 3319.18, 3319.61,

3319.63, 3326.18, 3332.03, 3701.33, 3737.81,

3737.90, 3770.02, 3772.06, 3773.33, 3781.07,

4112.03, 4117.01, 4117.02, 4117.03, 4117.05,

4117.06, 4117.07, 4117.08, 4117.09, 4117.10,

4117.11, 4117.12, 4117.13, 4117.14, 4117.15,

4117.18, 4117.20, 4117.21, 4123.352, 4301.07,

4517.30, 4701.03, 4701.05, 4703.03, 4703.31,

4709.04, 4715.06, 4717.02, 4723.02, 4725.06,

4725.46, 4729.03, 4730.05, 4731.03, 4732.05,

4733.05, 4734.03, 4738.09, 4741.02, 4747.03,

4753.04, 4755.01, 4757.05, 4758.12, 4759.03,

4761.02, 4763.02, 4775.05, 4905.10, 4906.02,

4911.07, 5107.26, 5119.09, 5123.51, 5126.24,

5139.02, 5503.03, 5505.15, and 5703.09, to enact

new section 3319.112 and sections 124.94, 4113.80,

4117.081, 4117.104, 4117.105, 4117.106, 4117.107,

4117.108, 4117.109, 4117.141, 4117.26, and

4117.27, and to repeal sections 3317.12, 3317.14,

3319.112, 3319.131, 3319.142, 3319.143, 4117.16,

4117.22, and 4117.23 of the Revised Code to make

various changes to laws concerning public

employees, including collective bargaining, salary

schedules and compensation, layoff procedures, and

leave.

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

Section 1. That sections 9.81, 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 Plans~~health 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 of~~	423
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 of~~	768
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 Code~~by	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 the~~a per diem rate ~~of step 1, pay range 31, of~~	855
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 the~~a	963
per diem rate ~~of step 1 of pay range 31~~established 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-2~~prescribed in ~~section 124.152 of~~	1132
~~the Revised Code~~rules 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 and~~director 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 ~~merit~~performance 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 B~~	1663

~~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 C~~	1749

~~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 in~~as determined under	1783
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 of~~	1832
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 of~~higher 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 step~~a 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 step~~a higher salary or wage under the provision	1846
regarding exceptional qualifications shall not affect the ~~step~~	1847
~~assignment~~salary or wage of employees already serving. However,	1848
anytime the hiring rate of an entire classification is advanced to	1849
a higher ~~step~~salary 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 ~~step~~salary 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
~~step~~a 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 ~~divisions~~division (G)(2) ~~and~~	1901
~~(3)~~ of this section, each state employee paid in accordance with	1902
~~schedule B~~division (A) of this section or ~~schedule E-1 of~~ section	1903
124.152 of the Revised Code shall be eligible for advancement to	1904
~~succeeding steps~~higher 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, each~~Each 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 step~~a higher salary or wage until the	1916
employee reaches the top ~~step~~salary 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 authority~~rules 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 ~~rates~~rate 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 ~~divisions~~	2088
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, 2008~~the 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-1~~	2128

~~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-2~~	2187

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 Only~~	2196

~~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 of~~	2235
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 of~~	2242
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 one~~	2392
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
~~merit~~performance pay supplement of up to one and one-half per	2482
cent of their ~~step~~salary 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 ~~four~~three	2721
and ~~six-tenths~~one-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
~~medical~~health care~~, disability, hearing aids, prescription drugs~~	3033
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, medical~~	3107
health care~~, hearing aids, prescription drugs~~benefits, 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, medical~~health care~~, hearing aids,~~	3123
~~prescription drugs~~benefits, 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) ~~All~~Except 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
~~medical~~health care~~, hearing aids, prescription drugs~~benefits,	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
~~only~~as 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, of~~	3321
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) of~~rules 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) of~~rules 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 amendment~~October 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 amendment~~October 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; or	3786

(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 ~~his~~the 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 ~~his~~the executive director's	3833
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 of~~	4559
seniority~~, with the employee with least time of service being~~	4560
~~dismissed first~~shall 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~~ to	4563
~~such~~dismissed 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. ~~The~~The 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,	4711
or captain, and the equivalents of all such persons.	4712

(5) "A park district ranger or patrol trooper" means a peace	4713
officer commissioned to make arrests, execute warrants, and	4714
preserve the peace upon lands under the control of a board of park	4715
commissioners of a metropolitan, county, or township park	4716
district.	4717

(6) "Metropolitan, county, or township park district" means a	4718
park district created under the authority of Chapter 511. or 1545.	4719
of the Revised Code.	4720

(7) "Conservancy district" means a conservancy district	4721
created under the authority of Chapter 6101. of the Revised Code.	4722

(8) "Law enforcement officer" means an officer commissioned	4723
to make arrests, execute warrants, and preserve the peace upon	4724
lands under the control of the governmental entity granting the	4725
commission.	4726

(9) "Department of natural resources law enforcement officer"	4727
includes a forest officer designated pursuant to section 1503.29	4728
of the Revised Code, a preserve officer designated pursuant to	4729
section 1517.10 of the Revised Code, a wildlife officer designated	4730
pursuant to section 1531.13 of the Revised Code, a park officer	4731
designated pursuant to section 1541.10 of the Revised Code, and a	4732
state watercraft officer designated pursuant to section 1547.521	4733
of the Revised Code.	4734

(10) "Retirement eligibility date" means the last day of the	4735
month in which a deceased member would have first become eligible,	4736
had the member lived, for the retirement pension provided under	4737
section 145.33, Chapter 521. or 741., division (C)(1) of section	4738
742.37, or division (A)(1) of section 5505.17 of the Revised Code	4739
or provided by a retirement system operated by a municipal	4740
corporation.	4741

(11) "Death benefit amount" means an amount equal to the full	4742
monthly salary in effect immediately prior to the effective date	4743
of this amendment that was received by a deceased member prior to	4744
death, minus an amount equal to the benefit received under section	4745
145.45, 742.37, 742.3714, or 5505.17 of the Revised Code or the	4746
benefit received from a retirement system operated by a municipal	4747
corporation, plus any increases in salary permitted by law in	4748
effect immediately prior to the effective date of this amendment	4749
that would have been granted the deceased member.	4750

(12) "Killed in the line of duty" means either of the	4751
following:	4752

(a) Death in the line of duty;

4753

(b) Death from injury sustained in the line of duty,	4754
including heart attack or other fatal injury or illness caused	4755
while in the line of duty.	4756

(B) A spouse of a deceased member shall receive a death	4757
benefit each month equal to the full death benefit amount,	4758
provided that the deceased member was a firefighter or police	4759
officer killed in the line of duty and there are no surviving	4760
children eligible for a benefit under this section. The spouse	4761
shall receive this benefit during the spouse's natural life until	4762
the deceased member's retirement eligibility date, on which date	4763
the benefit provided under this division shall terminate.	4764

(C)(1) If a member killed in the line of duty as a	4765
firefighter or police officer is survived only by a child or	4766
children, the child or children shall receive a benefit each month	4767
equal to the full death benefit amount. If there is more than one	4768
surviving child, the benefit shall be divided equally among these	4769
children.	4770

(2) If the death benefit paid under this division is divided	4771
among two or more surviving children and any of the children	4772
become ineligible to continue receiving a portion of the benefit	4773
as provided in division (H) of this section, the full death	4774
benefit amount shall be paid to the remaining eligible child or	4775
divided among the eligible children so that the benefit paid to	4776
the remaining eligible child or children equals the full death	4777
benefit amount.	4778

(3) Notwithstanding divisions (C)(1) and (2) of this section,	4779
all death benefits paid under this division shall terminate on the	4780
deceased member's retirement eligibility date.	4781

(D) If a member killed in the line of duty as a firefighter	4782
or police officer is survived by both a spouse and a child or	4783
children, the monthly benefit provided shall be as follows:	4784

(1)(a) If there is a surviving spouse and one surviving	4785
child, the spouse shall receive an amount each month equal to	4786
one-half of the full death benefit amount and the child shall	4787
receive an amount equal to one-half of the full death benefit	4788
amount.	4789

(b) If the surviving spouse dies or the child becomes	4790
ineligible as provided in division (H) of this section, the	4791
surviving spouse or child remaining eligible shall receive the	4792
full death benefit amount.	4793

(2)(a) If there is a surviving spouse and more than one	4794
child, the spouse shall receive an amount each month equal to	4795
one-third of the full death benefit amount and the children shall	4796
receive an amount, equally divided among them, equal to two-thirds	4797
of the full death benefit amount.	4798

(b) If a spouse and more than one child each are receiving a	4799
death benefit under division (D)(2)(a) of this section and the	4800
spouse dies, the children shall receive an amount each month,	4801
equally divided among them, equal to the full death benefit	4802
amount.	4803

(c) If a spouse and more than one child each are receiving a	4804
benefit under division (D)(2)(a) of this section and any of the	4805
children becomes ineligible to receive a benefit as provided in	4806
division (H) of this section, the spouse and remaining eligible	4807
child or children shall receive a death benefit as follows:	4808

(i) If there are two or more remaining eligible children, the	4809
spouse shall receive an amount each month equal to one-third of	4810
the full death benefit amount and the children shall receive an	4811
amount each month, equally divided among them, equal to two-thirds	4812
of the full death benefit amount;	4813

(ii) If there is one remaining eligible child, the spouse	4814
shall receive an amount each month equal to one-half of the full	4815
death benefit amount, and the child shall receive an amount each	4816
month equal to one-half of the full death benefit amount.	4817

(d) If a spouse and more than one child each are receiving a	4818
benefit under division (D)(2)(a) of this section and all of the	4819
children become ineligible to receive a benefit as provided in	4820
division (H) of this section, the spouse shall receive the full	4821
death benefit amount.	4822

(3) Notwithstanding divisions (D)(1) and (2) of this section,	4823
death benefits paid under this division to a surviving spouse	4824
shall terminate on the member's retirement eligibility date. Death	4825
benefits paid to a surviving child or children shall terminate on	4826
the deceased member's retirement eligibility date unless earlier	4827
terminated pursuant to division (H) of this section.	4828

(E) If a member, on or after January 1, 1980, is killed in	4829
the line of duty as a firefighter or police officer and is	4830
survived by only a parent or parents dependent upon the member for	4831
support, the parent or parents shall receive an amount each month	4832
equal to the full death benefit amount. If there is more than one	4833
surviving parent dependent upon the deceased member for support,	4834
the death benefit amount shall be divided equally among the	4835
surviving parents. On the death of one of the surviving parents,	4836
the full death benefit amount shall be paid to the other parent.	4837

(F)(1) The following shall receive a monthly death benefit	4838
under this division:	4839

(a) A surviving spouse whose benefits are terminated in	4840
accordance with division (B) or (D)(3) of this section on the	4841
deceased member's retirement eligibility date, or who would	4842
qualify for a benefit under division (B) or (D) of this section	4843
except that the deceased member reached the member's retirement	4844
eligibility date prior to the member's death;	4845

(b) A qualified surviving spouse of a deceased member of or	4846
contributor to a police or firemen's relief and pension fund	4847
established under former Chapter 521. or 741. of the Revised Code	4848
who was a firefighter or police officer killed in the line of	4849
duty.	4850

(2) The monthly death benefit shall be one-half of an amount	4851
equal to the monthly salary received by the deceased member prior	4852
to the member's death, plus any salary increases the deceased	4853
member would have received prior to the member's retirement	4854
eligibility date. The benefit shall terminate on the surviving	4855
spouse's death. A death benefit payable under this division shall	4856
be reduced by an amount equal to any allowance or benefit payable	4857
to the surviving spouse under section 742.3714 of the Revised	4858
Code.	4859

(3) A benefit granted to a surviving spouse under division	4860
(F)(1)(b) of this section shall commence on the first day of the	4861
month immediately following receipt by the board of a completed	4862
application on a form provided by the board and any evidence the	4863
board may require to establish that the deceased spouse was killed	4864
in the line of duty.	4865

(G)(1) If there is not a surviving spouse eligible to receive	4866
a death benefit under division (F) of this section or the	4867
surviving spouse receiving a death benefit under that division	4868
dies, a surviving child or children whose benefits under division	4869
(C) or (D) of this section are or have been terminated pursuant to	4870
division (C)(3) or (D)(3) of this section or who would qualify for	4871
a benefit under division (C) or (D) of this section except that	4872
the deceased member reached the member's retirement eligibility	4873
date prior to the member's death shall receive a monthly death	4874
benefit under this division. The monthly death benefit shall be	4875
one-half of an amount equal to the monthly salary received by the	4876
deceased member prior to the member's death, plus any salary	4877
increases the member would have received prior to the member's	4878
retirement eligibility date. If there is more than one surviving	4879
child, the benefit shall be divided equally among the surviving	4880
children.	4881

(2) If two or more surviving children each are receiving a	4882
benefit under this division and any of those children becomes	4883
ineligible to continue receiving a benefit as provided in division	4884
(H) of this section, the remaining eligible child or children	4885
shall receive an amount equal to one-half of the monthly salary	4886
received by the deceased member prior to death, plus any salary	4887
increases the deceased member would have received prior to the	4888
retirement eligibility date. If there is more than one remaining	4889
eligible child, the benefit shall be divided equally among the	4890
eligible children.	4891

(3) A death benefit, or portion of a death benefit, payable	4892
to a surviving child under this division shall be reduced by an	4893
amount equal to any allowance or benefit payable to that child	4894
under section 742.3714 of the Revised Code, but the reduction in	4895
that child's benefit shall not affect the amount payable to any	4896
other surviving child entitled to a portion of the death benefit.	4897

(H) A death benefit paid to a surviving child under division	4898
(C), (D), or (G) of this section shall terminate on the death of	4899
the child or, unless one of the following is the case, when the	4900
child reaches age eighteen:	4901

(1) The child, because of physical or mental disability, is	4902
unable to provide the child's own support, in which case the death	4903
benefit shall terminate when the disability is removed;	4904

(2) The child is unmarried, under age twenty-two, and a	4905
student in and attending an institution of learning or training	4906
pursuant to a program designed to complete in each school year the	4907
equivalent of at least two-thirds of the full-time curriculum	4908
requirements of the institution, as determined by the trustees of	4909
the fund.	4910

(I) Acceptance of any death benefit under this section does	4911
not prohibit a spouse or child from receiving other benefits	4912
provided under the Ohio police and fire pension fund, the state	4913
highway patrol retirement system, the public employees retirement	4914
system, or a retirement system operated by a municipal	4915
corporation.	4916

(J) No person shall receive a benefit under this section if	4917
any of the following occur:	4918

(1) The person fails to exercise the right to a monthly	4919
survivor benefit under division (A) or (B) of section 145.45,	4920
division (D), (E), or (F) of section 742.37, or division (A)(3),	4921
(4), or (7) of section 5505.17 of the Revised Code; to a monthly	4922
survivor benefit from a retirement system operated by a municipal	4923
corporation; or to a retirement allowance under section 742.3714	4924
of the Revised Code.	4925

(2) The member's accumulated contributions under this chapter	4926
or Chapter 145. or 5505. of the Revised Code are refunded unless	4927
the member had been a member of the public employees retirement	4928
system and had fewer than eighteen months of total service credit	4929
at the time of death.	4930

(3) In the case of a full-time park district ranger or patrol	4931
trooper, a full-time law enforcement officer of the department of	4932
natural resources, a full-time law enforcement officer of parks,	4933
waterway lands, or reservoir lands under the control of a	4934
municipal corporation, a full-time law enforcement officer of a	4935
conservancy district, a correction officer at an institution under	4936
the control of a county, group of counties, or municipal	4937
corporation, or a member of a retirement system operated by a	4938
municipal corporation who at the time of the member's death was a	4939
full-time law enforcement officer of parks, waterway lands, or	4940
reservoir lands under the control of the municipal corporation,	4941
the member died prior to April 9, 1981, in the case of a benefit	4942
under division (B), (C), or (D) of this section, or prior to	4943
January 1, 1980, in the case of a benefit under division (E) of	4944
this section.	4945

(4) In the case of a full-time department of public safety	4946
enforcement agent who prior to June 30, 1999, was a liquor control	4947
investigator of the department of public safety, the member died	4948
prior to December 23, 1986;	4949

(5) In the case of a full-time department of public safety	4950
enforcement agent other than an enforcement agent who, prior to	4951
June 30, 1999, was a liquor control investigator, the member died	4952
prior to June 30, 1999.	4953

(K) A surviving spouse whose benefit was terminated prior to	4954
June 30, 1999, due to remarriage shall receive a benefit under	4955
division (B), (D), or (F) of this section beginning on the first	4956
day of the month following receipt by the board of an application	4957
on a form provided by the board. The benefit amount shall be	4958
determined as of that date.	4959

(1) If the benefit will begin prior to the deceased member's	4960
retirement eligibility date, it shall be paid under division (B)	4961
or (D) of this section and shall terminate as provided in those	4962
divisions. A benefit paid to a surviving spouse under division (D)	4963
of this section shall be determined in accordance with that	4964
division, even if benefits paid to surviving children are reduced	4965
as a result.	4966

(2) If the benefit will begin on or after the deceased	4967
member's retirement eligibility date, it shall be paid under	4968
division (F) of this section and shall terminate as provided in	4969
that division. A benefit paid to a surviving spouse under division	4970
(F) of this section shall be determined in accordance with that	4971
division, even if benefits paid to surviving children are	4972
terminated as a result.	4973

Sec. 749.082. (A) The following apply to the board of	4974
hospital commissioners in relation to its employees and the	4975
employees of a hospital erected under sections 749.02 to 749.14 of	4976
the Revised Code, subject to the ordinances of the legislative	4977
authority of the municipal corporation:	4978

(1) The board may adopt the wage and salary schedule for	4979
employees. If the board establishes a salary schedule, the board	4980
shall require performance to be the only basis for an employee's	4981
progression through the schedule.	4982

(2) The board may employ the hospital's administrator	4983
pursuant to section 749.083 of the Revised Code, and the	4984
administrator may employ individuals for the hospital in	4985
accordance with that section.	4986

(3) The board may employ assistants as necessary to perform	4987
its clerical work, superintend properly the construction of the	4988
hospital, and pay the hospital's expenses. The employees may be	4989
paid from funds provided for the hospital.	4990

(4) The board may enter into a contract with an employer or	4991
other entity whereby the services of any employee of the board or	4992
hospital are rendered to or on behalf of the employer or other	4993
entity for a fee paid to the board or hospital.	4994

(5) The board may grant to employees any fringe benefits the	4995
board determines to be customary and usual in the nonprofit	4996
hospital field in the community, including the following:	4997

(a) Additional vacation leave with full pay for full-time	4998
employees, including hourly rate employees, after service of one	4999
year;	5000

(b) Vacation leave and holiday pay for part-time employees on	5001
a pro rata basis;	5002

(c) Leave with full pay, which shall not be deducted from the	5003
employee's accumulated sick leave, due to death in the employee's	5004
immediate family;	5005

(d) Moving expenses for new employees;

5006

(e) Premium pay for working on holidays observed by other	5007
municipal agencies;	5008

(f) Discounts on purchases from the hospital pharmacy.

5009

(6) The board may provide holiday leave by observing Martin	5010
Luther King day, Washington-Lincoln day, Columbus day, and	5011
Veterans' day on days other than those specified in section 1.14	5012
of the Revised Code.	5013

(7) The board may grant to employees the insurance benefits	5014
authorized by division (B) of this section.	5015

(8) The board may provide employee recognition awards and may	5016
hold employee recognition dinners.	5017

(9) The board may provide scholarships for education in the	5018
health care professions, tuition reimbursement, and other staff	5019
development programs for the purpose of recruiting or retaining	5020
qualified employees.	5021

(10) The board may pay reasonable expenses for recruiting	5022
physicians into the city or for retaining them if all or part of	5023
the city has been designated as an area with a shortage of	5024
personal health services under the "Health Maintenance	5025
Organization Act of 1973," 87 Stat. 914, 42 U.S.C. 300e, as	5026
amended.	5027

(B)(1) The board of hospital commissioners may contract for,	5028
purchase, or otherwise procure on behalf of any or all of its	5029
employees, the employees of the hospital, or such employees and	5030
their immediate dependents the following types of fringe benefits:	5031

(a) Group or individual insurance contracts which may include	5032
life, sickness, accident, disability, annuities, endowment,	5033
health, medical expense, hospital, dental, surgical and related	5034
coverage or any combination thereof;	5035

(b) Group or individual contracts with health insuring	5036
corporations or other providers of professional services, care, or	5037
benefits duly authorized to do business in this state.	5038

(2) The board of hospital commissioners may contract for,	5039
purchase, or otherwise procure insurance contracts which provide	5040
protection for the commissioners, the board's employees, and the	5041
employees of the hospital against liability, including	5042
professional liability, provided that this section or any	5043
insurance contract issued pursuant to this section shall not be	5044
construed as a waiver of or in any manner affect the immunity of	5045
the hospital or municipal corporation.	5046

(3) All or any portion of the cost, premium, fees, or charges	5047
for the insurance benefits specified in divisions (B)(1) and (2)	5048
of this section may be paid in such manner or combination of	5049
manners as the board may determine, including direct payment by an	5050
employee, and, if authorized in writing by an employee, by the	5051
board with moneys made available by deduction from or reduction in	5052
salary or wages or by the foregoing of a salary or wage increase.	5053

Notwithstanding sections 3917.01 and 3917.06 of the Revised	5054
Code, the board may purchase group life insurance authorized by	5055
this section by reason of payment of premiums therefor by the	5056
board from its funds, and such group life insurance may be issued	5057
and purchased if otherwise consistent with sections 3917.01 to	5058
3917.06 of the Revised Code.	5059

(C) The board with the approval of the legislative authority	5060
may retain counsel to bring actions for the collection of	5061
delinquent accounts.	5062

Sec. 749.083. (A) The board of hospital commissioners shall	5063
provide for the administration of the hospital by directly	5064
employing a hospital administrator or by entering into a contract	5065
for the management of the hospital under which an administrator is	5066
provided. When an administrator is employed directly, the board	5067
shall adopt a job description delineating the administrator's	5068
powers and duties and the board may pay the administrator's salary	5069
and other benefits from funds provided for the hospital.	5070

(B) During the construction and equipping of the hospital,	5071
the administrator shall act in an advisory capacity to the board.	5072
After the hospital is completed, the administrator shall serve as	5073
the chief executive officer and shall carry out the administration	5074
of the hospital according to the policies set forth by the board.	5075

The administrator shall administer the hospital, make	5076
reports, and take any other action that the administrator	5077
determines is necessary for the operation of the hospital.	5078

At the end of each fiscal year, the administrator shall	5079
submit to the board a complete financial statement showing the	5080
receipts, revenues, and expenditures in detail for the entire	5081
fiscal year.	5082

The administrator shall ensure that the hospital has such	5083
physicians, nurses, and other employees as are necessary for the	5084
proper care, control, and management of the hospital and its	5085
patients. The physicians, nurses, and other employees may be	5086
suspended or removed by the administrator at any time the welfare	5087
of the hospital warrants suspension or removal. The administrator	5088
may obtain physicians, nurses, and other employees by direct	5089
employment, entering into contracts, or granting authority to	5090
practice in the hospital. If the board delegates to the	5091
administrator the authority to fix employee compensation in	5092
accordance with the wage and salary schedule established by the	5093
board under section 749.082 of the Revised Code, the administrator	5094
shall use performance as the only basis for an employee's	5095
progression through that schedule.	5096

Sec. 917.03. There is hereby created a milk sanitation board	5097
consisting of the director of agriculture or the director's	5098
authorized representative, the director of health or the	5099
director's authorized representative, and the following members to	5100
be appointed by the director of agriculture:	5101

(A) Two grade A milk producers;

5102

(B) One manufacture milk producer;

5103

(C) Three milk processors, one of whom shall be a grade A	5104
milk processor and one of whom shall be a manufacture milk	5105
processor;	5106

(D) One milk hauler.

5107

The three members who are milk producers shall not be members	5108
or representatives of the same co-operative association.	5109

The director of agriculture or the director's authorized	5110
representative shall serve as chairperson of the board.	5111

Before making the appointments to the board required under	5112
this section, the director of agriculture shall consult the	5113
respective statewide trade organizations that represent grade A	5114
milk producers, manufacture milk producers, milk processors, and	5115
milk haulers.	5116

Of the initial appointments, one grade A milk producer, one	5117
milk processor, and the milk hauler shall serve for a term ending	5118
December 31, 1998, one grade A milk producer and the manufacture	5119
milk processor shall serve for a term ending December 31, 1999,	5120
and the manufacture milk producer and a grade A milk processor	5121
shall serve for a term ending December 31, 2000. Thereafter,	5122
members shall serve three-year terms that expire on the	5123
thirty-first day of December.	5124

Each member shall hold office from the date of appointment	5125
until the end of the term for which the member was appointed. A	5126
member appointed to fill a vacancy occurring prior to the	5127
expiration of the term for which the member's predecessor was	5128
appointed shall hold office for the remainder of the term. A	5129
member shall continue in office subsequent to the expiration date	5130
of the member's term until the member's successor takes office or	5131
a period of sixty days has elapsed, whichever occurs first. A	5132
member shall continue in office for the entirety of the member's	5133
term unless removed for misfeasance, malfeasance, or nonfeasance.	5134

The director shall provide the board with the personnel,	5135
office space, and incidentals necessary for it to perform its	5136
duties and exercise its powers. Members shall be reimbursed for	5137
their actual and necessary expenses incurred in the performance of	5138
their duties. Appointed members shall receive compensation in an	5139
amount determined pursuant to division ~~(J)~~(A) of section 124.15 of	5140
the Revised Code.	5141

Sec. 927.69. To effect the purpose of sections 927.51 to	5142
927.73 of the Revised Code, the director of agriculture or the	5143
director's authorized representative may:	5144

(A) Make reasonable inspection of any premises in this state	5145
and any property therein or thereon;	5146

(B) Stop and inspect in a reasonable manner, any means of	5147
conveyance moving within this state upon probable cause to believe	5148
it contains or carries any pest, host, commodity, or other article	5149
that is subject to sections 927.51 to 927.72 of the Revised Code;	5150

(C) Conduct inspections of agricultural products that are	5151
required by other states, the United States department of	5152
agriculture, other federal agencies, or foreign countries to	5153
determine whether the products are infested. If, upon making such	5154
an inspection, the director or the director's authorized	5155
representative determines that an agricultural product is not	5156
infested, the director or the director's authorized representative	5157
may issue a certificate, as required by other states, the United	5158
States department of agriculture, other federal agencies, or	5159
foreign countries, indicating that the product is not infested.	5160

If the director charges fees for any of the certificates,	5161
agreements, or inspections specified in this section, the fees	5162
shall be as follows:	5163

(1) Phyto sanitary certificates, twenty-five dollars for	5164
those collectors or dealers that are licensed under section 927.53	5165
of the Revised Code;	5166

(2) Phyto sanitary certificates, one hundred dollars for all	5167
others;	5168

(3) Compliance agreements, forty dollars;

5169

(4) Agricultural products and their conveyances inspections,	5170
an hourly amount set by the director equal to the highest hourly	5171
rate of pay ~~in the highest step~~ in the pay range, including fringe	5172
benefits, of a plant pest control specialist multiplied by the	5173
number of hours worked by such a specialist in conducting an	5174
inspection.	5175

The director may adopt rules under section 927.52 of the	5176
Revised Code that define the certificates, agreements, and	5177
inspections.	5178

The fees shall be credited to the plant pest program fund	5179
created in section 927.54 of the Revised Code.	5180

Sec. 991.02. (A) There is hereby created the Ohio	5181
expositions commission which shall consist of the following	5182
thirteen members: nine members appointed by the governor with the	5183
advice and consent of the senate; the director of development and	5184
the director of agriculture, or their designated representatives,	5185
who shall be ex officio members with voting rights of such	5186
commission; and the ~~chairman~~chairperson of the standing committee	5187
in the house of representatives to which matters dealing with	5188
agriculture are generally referred and the ~~chairman~~chairperson of	5189
the standing committee in the senate to which matters dealing with	5190
agriculture are generally referred, who shall be nonvoting	5191
members. If the senate is not in session, recess appointments	5192
shall be made by the governor.	5193

(B) Of the nine members of the commission appointed by the	5194
governor, not more than five shall be from one political party, at	5195
least three members shall receive the major portion of their	5196
income from farming, and at least one member shall, at the time of	5197
~~his~~ appointment, be a member of the board of directors of an	5198
agricultural society which was organized in compliance with	5199
section 1711.01 or 1711.02 of the Revised Code. Terms of office	5200
shall be for six years, commencing on the second day of December	5201
and ending on the first day of December. Each member shall hold	5202
office from the date of ~~his~~ appointment until the end of the term	5203
for which ~~he was~~ appointed. Any member appointed to fill a vacancy	5204
occurring prior to the expiration of the term for which ~~his~~the	5205
member's predecessor was appointed shall hold office for the	5206
remainder of such term. Any member shall continue in office	5207
subsequent to the expiration date of ~~his~~the member's term until	5208
~~his~~the member's successor takes office, or until a period of	5209
sixty days has elapsed, whichever occurs first.	5210

The term of each nonvoting, legislative member of the	5211
commission shall be for two years or until the end of the member's	5212
legislative term, whichever occurs first.	5213

(C) The commission shall annually, during the month of	5214
December, select from among its members a ~~chairman~~chairperson, a	5215
~~vice-chairman~~vice-chairperson, who in the absence of the ~~chairman~~	5216
chairperson shall carry out ~~his~~the chairperson's duties, and a	5217
secretary, who may be a member or employee of the commission, to	5218
record the minutes of its meetings and to carry out such other	5219
duties as may be assigned by the commission, its ~~chairman~~	5220
chairperson, or ~~vice-chairman~~vice-chairperson.	5221

(D) The director of agriculture and the director of	5222
development, or their designated representatives, and the two	5223
legislators appointed to the commission, as members of the	5224
commission shall serve without compensation.	5225

(E) Each of the members of the commission appointed by the	5226
governor shall be paid the rate established pursuant to division	5227
~~(J)~~(A) of section 124.15 of the Revised Code. All members of the	5228
commission are entitled to their actual and necessary expenses	5229
incurred in the performance of their duties as such members,	5230
payable from the appropriations for the commission.	5231

(F) The commission shall hold at least one regular meeting in	5232
each quarter of each calendar year, and shall keep a record of its	5233
proceedings which shall be open to the public for inspection.	5234
Special meetings may be called by the ~~chairman~~chairperson and	5235
shall be called by ~~him~~the chairperson upon receipt of a written	5236
request therefor signed by two or more members of the commission.	5237
Written notice of the time and place of each meeting shall be sent	5238
to each member of the commission. Six of the voting members of the	5239
commission shall constitute a quorum.	5240

(G) The commission shall employ and prescribe the powers and	5241
duties of a general manager who shall serve in the unclassified	5242
civil service at a salary fixed pursuant to section 124.14 of the	5243
Revised Code. The general manager may employ such assistant	5244
managers as hethe general manager and the commission may approve.	5245
At no time shall such assistant managers exceed four in number,	5246
one of whom shall be appointed in the classified civil service.	5247
The general manager may, subject to the approval of the	5248
commission, employ a fiscal officer and such other officers,	5249
employees, and consultants with such powers and duties as are	5250
necessary to carry out sections 991.01 to 991.07 of the Revised	5251
Code. With the approval of the commission and in order to	5252
implement this chapter, the general manager may employ and fix the	5253
compensation of seasonal employees; these employees shall be in	5254
the unclassified civil service, and the overtime pay requirements	5255
of section 124.18 of the Revised Code do not apply to them. The	5256
general manager shall be considered the appointing authority of	5257
the commission for purposes of Chapter 124. of the Revised Code.	5258

(H) The governor may remove any appointed voting member of	5259
the commission at any time for inefficiency, neglect of duty, or	5260
malfeasance in office.	5261

Sec. 1349.71. (A) There is hereby created a consumer finance	5262
education board, consisting of the following twelve members:	5263

(1) An employee of the Ohio attorney general's office,	5264
appointed by the governor;	5265

(2) An employee of the department of commerce, appointed by	5266
the governor;	5267

(3) An employee of the Ohio housing finance agency, appointed	5268
by the governor;	5269

(4) A representative of Ohio minority advocacy groups,	5270
appointed by the governor;	5271

(5) A member of the Ohio bankers league, appointed by the	5272
speaker of the house of representatives;	5273

(6) A member of the Ohio mortgage bankers association,	5274
appointed by the speaker of the house of representatives;	5275

(7) A member of the Ohio credit union league, appointed by	5276
the speaker of the house of representatives;	5277

(8) A member of the Ohio community bankers association,	5278
appointed by the speaker of the house of representatives;	5279

(9) A representative of the Ohio real estate industry,	5280
appointed by the president of the senate;	5281

(10) A member of the Ohio mortgage brokers association,	5282
appointed by the president of the senate;	5283

(11) A representative of the financial services industry,	5284
appointed by the president of the senate;	5285

(12) A representative of consumer advocacy organizations,	5286
appointed by the president of the senate.	5287

(B) Geographically diverse representation of the state shall	5288
be considered in making appointments. Of the initial appointments	5289
to the board, four shall be for a term ending December 31, 2008,	5290
four shall be for a term ending December 31, 2009, and four shall	5291
be for a term ending December 31, 2010. Thereafter, terms of	5292
office are for three years, commencing on the first day of January	5293
and ending on the thirty-first day of December. Each member shall	5294
hold office from the date of the member's appointment until the	5295
end of the term for which the member is appointed. Prior to	5296
assuming the duties of office, each member shall subscribe to, and	5297
file with the secretary of state, the constitutional oath of	5298
office. Vacancies that occur on the board shall be filled in the	5299
manner prescribed for regular appointments to the board. A member	5300
appointed to fill a vacancy occurring prior to the expiration of	5301
the term for which the member's predecessor was appointed shall	5302
hold office for the remainder of that predecessor's term. A member	5303
shall continue in office subsequent to the expiration date of the	5304
member's term until the member's successor takes office or until	5305
sixty days have elapsed, whichever occurs first. No person shall	5306
serve as a member of the board for more than two consecutive	5307
terms. The governor may remove a member pursuant to section 3.04	5308
of the Revised Code.	5309

(C) Annually, upon the qualification of the members appointed	5310
in that year, the board shall organize by selecting from its	5311
members a chairperson. The board shall meet at least once each	5312
calendar quarter to conduct its business with the place of future	5313
meetings to be decided by a vote of its members. Each member shall	5314
be provided with written notice of the time and place of each	5315
board meeting at least ten days prior to the scheduled date of the	5316
meeting. A majority of the members of the board constitutes a	5317
quorum to transact and vote on all business coming before the	5318
board.	5319

(D)(1) The governor shall call the first meeting of the	5320
consumer finance education board. At that meeting, and annually	5321
thereafter, the board shall elect a chairperson for a one-year	5322
term and may elect members to other positions on the board as the	5323
board considers necessary or appropriate.	5324

(2) Each member of the board shall receive an amount fixed	5325
pursuant to division ~~(J)~~(A) of section 124.15 of the Revised Code	5326
for each day employed in the discharge of the member's official	5327
duties, and the member's actual and necessary expenses incurred in	5328
the discharge of those duties.	5329

(E) The board may obtain services from any state agency,	5330
including, but not limited to, the department of commerce or its	5331
successor agency.	5332

(F) The board shall assemble an advisory committee of	5333
representatives from the following organizations or groups for the	5334
purpose of receiving recommendations on policy, rules, and	5335
activities of the board:	5336

(1) The department of aging;

5337

(2) The department of rehabilitation and correction;

5338

(3) The department of development;

5339

(4) The department of job and family services;

5340

(5) The Ohio treasurer of state's office;

5341

(6) The county treasurers association of Ohio;

5342

(7) Ohio college professors;

5343

(8) Ohio university professors;

5344

(9) The Ohio board of regents;

5345

(10) The Ohio community development corporations association;

5346

(11) The Ohio council for economic education;

5347

(12) The Ohio state university extension service.

5348

Sec. 1509.35. (A) There is hereby created an oil and gas	5349
commission consisting of five members appointed by the governor.	5350
Terms of office shall be for five years, commencing on the	5351
fifteenth day of October and ending on the fourteenth day of	5352
October, except that the terms of the first five members of the	5353
board shall be for one, two, three, four, and five years,	5354
respectively, as designated by the governor at the time of the	5355
appointment. Each member shall hold office from the date of	5356
appointment until the end of the term for which the member was	5357
appointed. Any member appointed to fill a vacancy occurring prior	5358
to the expiration of the term for which the member's predecessor	5359
was appointed shall hold office for the remainder of that term.	5360
Any member shall continue in office subsequent to the expiration	5361
date of the member's term until a successor takes office, or until	5362
a period of sixty days has elapsed, whichever occurs first. Each	5363
vacancy occurring on the commission shall be filled by appointment	5364
within sixty days after the vacancy occurs. One of the appointees	5365
to the commission shall be a person who, by reason of the person's	5366
previous vocation, employment, or affiliations, can be classed as	5367
a representative of a major petroleum company. One of the	5368
appointees to the commission shall be a person who, by reason of	5369
the person's previous vocation, employment, or affiliations, can	5370
be classed as a representative of the public. One of the	5371
appointees to the commission shall be a person who, by reason of	5372
the person's previous training and experience, can be classed as a	5373
representative of independent petroleum operators. One of the	5374
appointees to the commission shall be a person who, by reason of	5375
the person's previous training and experience, can be classed as	5376
one learned and experienced in oil and gas law. One of the	5377
appointees to the commission shall be a person who, by reason of	5378
the person's previous training and experience, can be classed as	5379
one learned and experienced in geology or petroleum engineering.	5380
Not more than three members shall be members of the same political	5381
party. This division does not apply to temporary members appointed	5382
under division (C) of this section.	5383

(B) Three members constitute a quorum and no action of the	5384
commission is valid unless it has the concurrence of at least a	5385
majority of the members voting on that action. The commission	5386
shall keep a record of its proceedings.	5387

(C) If the chairperson of the commission determines that a	5388
quorum cannot be obtained for the purpose of considering a matter	5389
that will be before the commission because of vacancies or recusal	5390
of its members, the chairperson may contact the technical advisory	5391
council on oil and gas created in section 1509.38 of the Revised	5392
Code and request a list of members of the council who may serve as	5393
temporary members of the commission. Using the list provided by	5394
the council, the chairperson may appoint temporary members to the	5395
commission. The appointment of temporary members shall be for only	5396
the matter for which a quorum cannot be obtained. The number of	5397
temporary members appointed by the chairperson shall not exceed	5398
the number that is necessary to obtain a quorum for the matter. A	5399
temporary member of the commission has the same authority, rights,	5400
and obligations as a member of the commission, including the right	5401
to compensation and other expenses as provided in this section.	5402
The authority, rights, and obligations of a temporary member cease	5403
when the temporary member's service on the commission ends.	5404

(D) Each member shall be paid an amount fixed pursuant to	5405
division ~~(J)~~(A) of section 124.15 of the Revised Code per diem	5406
when actually engaged in the performance of work as a member and	5407
when engaged in travel necessary in connection with that work. In	5408
addition to such compensation each member shall be reimbursed for	5409
all traveling, hotel, and other expenses necessarily incurred in	5410
the performance of work as a member.	5411

(E) The commission shall select from among its members a	5412
chairperson, a vice-chairperson, and a secretary. These officers	5413
shall serve for terms of one year.	5414

(F) The governor may remove any member of the commission from	5415
office for inefficiency, neglect of duty, malfeasance,	5416
misfeasance, or nonfeasance.	5417

(G) The commission, in accordance with Chapter 119. of the	5418
Revised Code, shall adopt rules to govern its procedure.	5419

Sec. 1513.182. (A) There is hereby created the reclamation	5420
forfeiture fund advisory board consisting of the director of	5421
natural resources, the director of insurance, and seven members	5422
appointed by the governor with the advice and consent of the	5423
senate. Of the governor's appointments, one shall be a certified	5424
public accountant, one shall be a registered professional engineer	5425
with experience in reclamation of mined land, two shall represent	5426
agriculture, agronomy, or forestry, one shall be a representative	5427
of operators of coal mining operations that have valid permits	5428
issued under this chapter and that have provided performance	5429
security under division (C)(1) of section 1513.08 of the Revised	5430
Code, one shall be a representative of operators of coal mining	5431
operations that have valid permits issued under this chapter and	5432
that have provided performance security under division (C)(2) of	5433
section 1513.08 of the Revised Code, and one shall be a	5434
representative of the public.	5435

Of the original members appointed by the governor, two shall	5436
serve an initial term of two years, three an initial term of three	5437
years, and two an initial term of four years. Thereafter, terms of	5438
appointed members shall be for four years, with each term ending	5439
on the same date as the original date of appointment. An appointed	5440
member shall hold office from the date of appointment until the	5441
end of the term for which the member was appointed. Vacancies	5442
shall be filled in the same manner as original appointments. A	5443
member appointed to fill a vacancy occurring prior to the	5444
expiration of the term for which the member's predecessor was	5445
appointed shall hold office for the remainder of that term. A	5446
member shall continue in office subsequent to the expiration date	5447
of the member's term until the member's successor takes office or	5448
until a period of sixty days has elapsed, whichever occurs first.	5449
The governor may remove an appointed member of the board for	5450
misfeasance, nonfeasance, or malfeasance.	5451

The directors of natural resources and insurance shall not	5452
receive compensation for serving on the board, but shall be	5453
reimbursed for the actual and necessary expenses incurred in the	5454
performance of their duties as members of the board. The members	5455
appointed by the governor shall receive per diem compensation	5456
fixed pursuant to division ~~(J)~~(A) of section 124.15 of the Revised	5457
Code and reimbursement for the actual and necessary expenses	5458
incurred in the performance of their duties.	5459

(B) The board annually shall elect from among its members a	5460
chairperson, a vice-chairperson, and a secretary to record the	5461
board's meetings.	5462

(C) The board shall hold meetings as often as necessary as	5463
the chairperson or a majority of the members determines.	5464

(D) The board shall establish procedures for conducting	5465
meetings and for the election of its chairperson,	5466
vice-chairperson, and secretary.	5467

(E) The board shall do all of the following:

5468

(1) Review the deposits into and expenditures from the	5469
reclamation forfeiture fund created in section 1513.18 of the	5470
Revised Code;	5471

(2) Retain periodically a qualified actuary to perform an	5472
actuarial study of the reclamation forfeiture fund;	5473

(3) Based on an actuarial study and as determined necessary	5474
by the board, adopt rules in accordance with Chapter 119. of the	5475
Revised Code to adjust the rate of the tax levied under division	5476
(A)(8) of section 5749.02 of the Revised Code and the balance of	5477
the reclamation forfeiture fund that pertains to that rate;	5478

(4) Evaluate any rules, procedures, and methods for	5479
estimating the cost of reclamation for purposes of determining the	5480
amount of performance security that is required under section	5481
1513.08 of the Revised Code; the collection of forfeited	5482
performance security; payments to the reclamation forfeiture fund;	5483
reclamation of sites for which operators have forfeited the	5484
performance security; and the compliance of operators with their	5485
reclamation plans;	5486

(5) Provide a forum for discussion of issues related to the	5487
reclamation forfeiture fund and the performance security that is	5488
required under section 1513.08 of the Revised Code;	5489

(6) Submit a report biennially to the governor that describes	5490
the financial status of the reclamation forfeiture fund and the	5491
adequacy of the amount of money in the fund to accomplish the	5492
purposes of the fund and that may discuss any matter related to	5493
the performance security that is required under section 1513.08 of	5494
the Revised Code;	5495

(7) Make recommendations to the governor, if necessary, of	5496
alternative methods of providing money for or using money in the	5497
reclamation forfeiture fund and issues related to the reclamation	5498
of land or water resources that have been adversely affected by	5499
past coal mining for which the performance security was forfeited;	5500

(8) Adopt rules in accordance with Chapter 119. of the	5501
Revised Code that are necessary to administer this section.	5502

Sec. 1513.29. There is hereby created the council on	5503
unreclaimed strip mined lands. Its members are the chief of the	5504
division of mineral resources management, four persons appointed	5505
by the director of natural resources, two members of the house of	5506
representatives appointed by the speaker of the house of	5507
representatives, one member of the house of representatives	5508
appointed by the minority leader of the house of representatives,	5509
two members of the senate appointed by the president of the	5510
senate, and one member of the senate appointed by the minority	5511
leader of the senate.	5512

Members who are members of the general assembly shall serve	5513
terms of four years or until their legislative terms end,	5514
whichever is sooner. Members appointed by the director shall serve	5515
terms of four years, except that the terms of the first four	5516
members shall be for two and four years, as designated by the	5517
director. Any vacancy in the office of a member of the council	5518
shall be filled by the appointing authority for the unexpired term	5519
of the member whose office will be vacant. The appointing	5520
authority may at any time remove a member of the council for	5521
misfeasance, nonfeasance, malfeasance, or conflict of interest in	5522
office.	5523

The council shall hold meetings as necessary at the call of	5524
the chairperson or a majority of the members. The council shall	5525
annually elect from among its members a chairperson, a	5526
vice-chairperson, and a secretary to keep a record of its	5527
proceedings.	5528

The council shall gather information, study, and make	5529
recommendations concerning the number of acres, location,	5530
ownership, condition, environmental damage resulting from the	5531
condition, cost of acquiring, reclaiming, and possible future uses	5532
and value of eroded lands within the state, including land	5533
affected by strip mining for which no cash is held in the	5534
reclamation forfeiture fund created in section 1513.18 of the	5535
Revised Code.	5536

The council may employ such staff and hire such consultants	5537
as necessary to perform its duties. Members appointed by the	5538
director and, notwithstanding section 101.26 of the Revised Code,	5539
members who are members of the general assembly, when engaged in	5540
their official duties as members of the council, shall be	5541
compensated on a per diem basis in accordance with division ~~(J)~~(A)	5542
of section 124.15 of the Revised Code. Members shall be reimbursed	5543
for their necessary expenses. Expenses incurred by the council and	5544
compensation provided under this section shall be paid by the	5545
chief from the unreclaimed lands fund created in section 1513.30	5546
of the Revised Code.	5547

The council shall report its findings and recommendations to	5548
the governor and the general assembly not later than January 1,	5549
1974, and biennially thereafter.	5550

Sec. 1545.071. ~~The~~Except as provided in section 124.81 of	5551
the Revised Code, the board of park commissioners of any park	5552
district may procure and pay all or any part of the cost of group	5553
insurance policies that may provide benefits for hospitalization,	5554
surgical care, major medical care, disability, dental care, eye	5555
care, medical care, hearing aids, or prescription drugs, or	5556
sickness and accident insurance or a combination of any of the	5557
foregoing types of insurance or coverage for park district	5558
officers and employees and their immediate dependents issued by an	5559
insurance company duly authorized to do business in this state.	5560

The board may procure and pay all or any part of the cost of	5561
group life insurance to insure the lives of park district	5562
employees.	5563

The board also may contract for group health care services	5564
with health insuring corporations holding a certificate of	5565
authority under Chapter 1751. of the Revised Code provided that	5566
each officer or employee is permitted to:	5567

(A) Choose between a plan offered by an insurance company and	5568
a plan offered by a health insuring corporation and provided	5569
further that the officer or employee pays any amount by which the	5570
cost of the plan chosen by the officer or employee exceeds the	5571
cost of the plan offered by the board under this section;	5572

(B) Change the choice made under division (A) of this section	5573
at a time each year as determined in advance by the board.	5574

Any appointed member of the board of park commissioners and	5575
the spouse and dependent children of the member may be covered, at	5576
the option and expense of the member, as a noncompensated employee	5577
of the park district under any benefit plan described in division	5578
(A) of this section. The member shall pay to the park district the	5579
amount certified to it by the benefit provider as the provider's	5580
charge for the coverage the member has chosen under division (A)	5581
of this section. Payments for coverage shall be made, in advance,	5582
in a manner prescribed by the board. The member's exercise of an	5583
option to be covered under this section shall be in writing,	5584
announced at a regular public meeting of the board, and recorded	5585
as a public record in the minutes of the board.	5586

The board may provide the benefits authorized in this section	5587
by contributing to a health and welfare trust fund administered	5588
through or in conjunction with a collective bargaining	5589
representative of the park district employees in the same manner	5590
as described in division (G) of section 124.81 of the Revised	5591
Code.	5592

The board may provide the benefits described in this section	5593
through an individual self-insurance program or a joint	5594
self-insurance program as provided in section 9.833 of the Revised	5595
Code.	5596

Sec. 1551.35. (A) There is hereby established a technical	5597
advisory committee to assist the director of the Ohio coal	5598
development office in achieving the office's purposes. The	5599
director shall appoint to the committee one member of the public	5600
utilities commission and one representative each of coal	5601
production companies, the united mine workers of America, electric	5602
utilities, manufacturers that use Ohio coal, and environmental	5603
organizations, as well as two people with a background in coal	5604
research and development technology, one of whom is employed at	5605
the time of the member's appointment by a state university, as	5606
defined in section 3345.011 of the Revised Code. In addition, the	5607
committee shall include four legislative members. The speaker and	5608
minority leader of the house of representatives each shall appoint	5609
one member of the house of representatives, and the president and	5610
minority leader of the senate each shall appoint one member of the	5611
senate, to the committee. The director of environmental protection	5612
and the director of development shall serve on the committee as ex	5613
officio members. Any member of the committee may designate in	5614
writing a substitute to serve in the member's absence on the	5615
committee. The director of environmental protection may designate	5616
in writing the chief of the air pollution control division of the	5617
agency to represent the agency. Members shall serve on the	5618
committee at the pleasure of their appointing authority. Members	5619
of the committee appointed by the director of the office and,	5620
notwithstanding section 101.26 of the Revised Code, legislative	5621
members of the committee, when engaged in their official duties as	5622
members of the committee, shall be compensated on a per diem basis	5623
in accordance with division ~~(J)~~(A) of section 124.15 of the	5624
Revised Code, except that the member of the public utilities	5625
commission and, while employed by a state university, the member	5626
with a background in coal research, shall not be so compensated.	5627
Members shall receive their actual and necessary expenses incurred	5628
in the performance of their duties.	5629

(B) The technical advisory committee shall review and make	5630
recommendations concerning the Ohio coal development agenda	5631
required under section 1551.34 of the Revised Code, project	5632
proposals, research and development projects submitted to the	5633
office by public utilities for the purpose of section 4905.304 of	5634
the Revised Code, proposals for grants, loans, and loan guarantees	5635
for purposes of sections 1555.01 to 1555.06 of the Revised Code,	5636
and such other topics as the director of the office considers	5637
appropriate.	5638

(C) The technical advisory committee may hold an executive	5639
session at any regular or special meeting for the purpose of	5640
considering research and development project proposals or	5641
applications for assistance submitted to the Ohio coal development	5642
office under section 1551.33, or sections 1555.01 to 1555.06, of	5643
the Revised Code, to the extent that the proposals or applications	5644
consist of trade secrets or other proprietary information.	5645

Any materials or data submitted to, made available to, or	5646
received by the Ohio air quality development authority or the	5647
director of the Ohio coal development office in connection with	5648
agreements for assistance entered into under this chapter or	5649
Chapter 1555. of the Revised Code, or any information taken from	5650
those materials or data for any purpose, to the extent that the	5651
materials or data consist of trade secrets or other proprietary	5652
information, are not public records for the purposes of section	5653
149.43 of the Revised Code.	5654

As used in this division, "trade secrets" has the same	5655
meaning as in section 1333.61 of the Revised Code.	5656

Sec. 1707.36. (A) There is hereby created in the division of	5657
securities a position to be known as attorney-inspector, which	5658
shall be held only by an attorney at law. The duties of this	5659
position are to investigate and report upon all complaints and	5660
alleged violations of this chapter or rules adopted under this	5661
chapter by the division and to represent the division in	5662
prosecutions and other matters arising from such complaints and	5663
alleged violations.	5664

The office of the attorney-inspector is hereby designated a	5665
criminal justice agency in investigating reported violations of	5666
law relating to securities and investment advice, and as such is	5667
authorized by this state to apply for access to the computerized	5668
databases administered by the national crime information center or	5669
the law enforcement automated data system in Ohio, and to other	5670
computerized databases administered for the purpose of making	5671
criminal justice information accessible to state criminal justice	5672
agencies.	5673

(B) There is hereby created in the division of securities two	5674
positions to be known as control-bid attorneys, which shall be	5675
held only by attorneys at law. The duties of these positions are	5676
to investigate and report upon all matters relating to	5677
control-bids and related matters and to represent the division in	5678
the regulatory matters arising under the Ohio control-bid law.	5679

(C) The attorney-inspector and each control-bid attorney	5680
shall be paid at a rate not less than pay range 47 set out in	5681
schedule E-2 prescribed in the version of section 124.152 of the	5682
Revised Code in effect immediately prior to the effective date of	5683
this amendment, to be paid as other operating expenses of the	5684
division.	5685

Sec. 1707.46. The principal executive officer of the	5686
division of securities shall be the commissioner of securities,	5687
who shall be appointed by the director of commerce. The	5688
commissioner of securities shall enforce all the laws and	5689
administrative rules enacted or adopted to regulate the sale of	5690
bonds, stocks, and other securities and to prevent fraud in such	5691
sales. The commissioner also shall enforce all the laws and	5692
administrative rules enacted or adopted to regulate investment	5693
advisers, investment adviser representatives, state retirement	5694
system investment officers, and the bureau of workers'	5695
compensation chief investment officer and to prevent fraud in	5696
their acts, practices, and transactions.	5697

The commissioner shall be paid at a rate not less than pay	5698
range 47 set out in schedule E-2 prescribed in the version of	5699
section 124.152 of the Revised Code in effect immediately prior to	5700
the effective date of this amendment, to be paid as other	5701
operating expenses of the division.	5702

Sec. 3301.03. Each elected voting member of the state board	5703
of education shall be a qualified elector residing in the	5704
territory composing the district from which the member is elected,	5705
and shall be nominated and elected to office as provided by Title	5706
XXXV of the Revised Code. Each appointed voting member of the	5707
board shall be a qualified elector residing in the state. At least	5708
four of the appointed voting members shall represent rural school	5709
districts in the state, as evidenced by the member's current place	5710
of residence and at least one of the following:	5711

(A) The member's children attend, or at one time attended,	5712
school in a rural district;	5713

(B) The member's past or present occupation is associated	5714
with rural areas of the state;	5715

(C) The member possesses other credentials or experience	5716
demonstrating knowledge and familiarity with rural school	5717
districts.	5718

No elected or appointed voting member of the board shall,	5719
during the member's term of office, hold any other public position	5720
of trust or profit or be an employee or officer of any public or	5721
private elementary or secondary school. Before entering on the	5722
duties of office, each elected and appointed voting member shall	5723
subscribe to the official oath of office.	5724

Each voting member of the state board of education shall be	5725
paid a salary fixed pursuant to division ~~(J)~~(A) of section 124.15	5726
of the Revised Code, together with the member's actual and	5727
necessary expenses incurred while engaged in the performance of	5728
the member's official duties or in the conduct of authorized board	5729
business, and while en route to and from the member's home for	5730
such purposes.	5731

Sec. 3304.12. (A) The governor, with the advice and consent	5732
of the senate, shall appoint a rehabilitation services commission	5733
consisting of seven members, no more than four of whom shall be	5734
members of the same political party and who shall include at least	5735
three from rehabilitation professions, including at least one	5736
member from the field of services to the blind, and at least four	5737
handicapped individuals, no less than two nor more than three of	5738
whom have received vocational rehabilitation services offered by a	5739
state vocational rehabilitation agency or the veterans'	5740
administration. Such handicapped members shall be representative	5741
of several major categories of handicapped persons served by the	5742
commission.	5743

(B) Of the members first appointed to the commission, one	5744
shall be appointed for a term of seven years, one for a term of	5745
six years, one for a term of five years, one for a term of four	5746
years, one for a term of three years, one for a term of two years,	5747
and one for a term of one year. Thereafter, terms of office shall	5748
be for seven years, commencing on the ninth day of September and	5749
ending on the eighth day of September, with no person eligible to	5750
serve more than two seven-year terms. Each member shall hold	5751
office from the date of ~~his~~ appointment until the end of the term	5752
for which hethe member was appointed. Any member appointed to	5753
fill a vacancy occurring prior to the expiration of the term for	5754
which ~~his~~the member's predecessor was appointed shall hold office	5755
for the remainder of such term. Any member shall continue in	5756
office subsequent to the expiration date of ~~his~~the member's term	5757
until ~~his~~a successor takes office, or until a period of sixty	5758
days has elapsed, whichever occurs first. Members appointed to the	5759
commission after September 1, 1977, shall be handicapped	5760
individuals representing those who have received vocational	5761
rehabilitation services offered by a state vocational	5762
~~rehabilitaion~~rehabilitation agency or the veterans'	5763
administration until the commission membership includes at least	5764
four such individuals. Members who fail to perform their duties or	5765
who are guilty of misconduct may be removed on written charges	5766
preferred by the governor or by a majority of the commission.	5767

(C) Members of the commission shall be reimbursed for travel	5768
and necessary expenses incurred in the conduct of their duties,	5769
and shall receive an amount fixed pursuant to division ~~(J)~~(A) of	5770
section 124.15 of the Revised Code while actually engaged in	5771
attendance at meetings or in the performance of their duties.	5772

Sec. 3306.01. This chapter shall be administered by the	5773
state board of education. The superintendent of public instruction	5774
shall calculate the amounts payable to each school district and	5775
shall certify the amounts payable to each eligible district to the	5776
treasurer of the district as determined under this chapter. As	5777
soon as possible after such amounts are calculated, the	5778
superintendent shall certify to the treasurer of each school	5779
district the district's adjusted charge-off increase, as defined	5780
in section 5705.211 of the Revised Code. No moneys shall be	5781
distributed pursuant to this chapter without the approval of the	5782
controlling board.	5783

The state board of education shall, in accordance with	5784
appropriations made by the general assembly, meet the financial	5785
obligations of this chapter.	5786

Annually, the department of education shall calculate and	5787
report to each school district the district's adequacy amount	5788
utilizing the calculations in sections 3306.03 and 3306.13 of the	5789
Revised Code. The department shall calculate and report separately	5790
for each school district the district's total state and local	5791
funds for its students with disabilities, utilizing the	5792
calculations in sections 3306.05, 3306.11, and 3306.13 of the	5793
Revised Code. The department shall calculate and report separately	5794
for each school district the amount of funding calculated for each	5795
factor of the district's adequacy amount.	5796

Not later than the thirty-first day of August of each fiscal	5797
year, the department of education shall provide to each school	5798
district a preliminary estimate of the amount of funding that the	5799
department calculates the district will receive under section	5800
3306.13 of the Revised Code. Not later than the first day of	5801
December of each fiscal year, the department shall update that	5802
preliminary estimate.	5803

Moneys distributed pursuant to this chapter shall be	5804
calculated and paid on a fiscal year basis, beginning with the	5805
first day of July and extending through the thirtieth day of June.	5806
Unless otherwise provided, the moneys appropriated for each fiscal	5807
year shall be distributed at least monthly to each school	5808
district. The state board shall submit a yearly distribution plan	5809
to the controlling board at its first meeting in July. The state	5810
board shall submit any proposed midyear revision of the plan to	5811
the controlling board in January. Any year-end revision of the	5812
plan shall be submitted to the controlling board in June. If	5813
moneys appropriated for each fiscal year are distributed other	5814
than monthly, such distribution shall be on the same basis for	5815
each school district.	5816

The total amounts paid each month shall constitute, as nearly	5817
as possible, one-twelfth of the total amount payable for the	5818
entire year.	5819

Payments shall be calculated to reflect the reporting of	5820
formula ADM. Annualized periodic payments for each school district	5821
shall be based on the district's final student counts verified by	5822
the superintendent of public instruction based on reports under	5823
section 3317.03 of the Revised Code, as adjusted, if so ordered,	5824
under division (K) of that section.	5825

(A) Except as otherwise provided, payments under this chapter	5826
shall be made only to those school districts that comply with	5827
divisions (A)(1) to (3) of this section.	5828

(1) Each city, exempted village, and local school district	5829
shall levy for current operating expenses at least twenty mills.	5830
Levies for joint vocational or cooperative education school	5831
districts or county school financing districts, limited to or to	5832
the extent apportioned to current expenses, shall be included in	5833
this qualification requirement. School district income tax levies	5834
under Chapter 5748. of the Revised Code, limited to or to the	5835
extent apportioned to current operating expenses, shall be	5836
included in this qualification requirement to the extent	5837
determined by the tax commissioner under division (D) of section	5838
3317.021 of the Revised Code.	5839

(2) Each city, exempted village, local, and joint vocational	5840
school district, during the school year next preceding the fiscal	5841
year for which payments are calculated under this chapter, shall	5842
meet the requirement of section 3313.48 or 3313.481 of the Revised	5843
Code, with regard to the minimum number of days or hours school	5844
must be open for instruction with pupils in attendance, for	5845
individualized parent-teacher conference and reporting periods,	5846
and for professional meetings of teachers. The superintendent of	5847
public instruction shall waive a number of days in accordance with	5848
section 3317.01 of the Revised Code on which it had been necessary	5849
for a school to be closed because of disease epidemic, hazardous	5850
weather conditions, inoperability of school buses or other	5851
equipment necessary to the school's operation, damage to a school	5852
building, or other temporary circumstances due to utility failure	5853
rendering the school building unfit for school use.	5854

A school district shall not be considered to have failed to	5855
comply with this division or section 3313.481 of the Revised Code	5856
because schools were open for instruction but either twelfth grade	5857
students were excused from attendance for up to three days or only	5858
a portion of the kindergarten students were in attendance for up	5859
to three days in order to allow for the gradual orientation to	5860
school of such students.	5861

The superintendent of public instruction shall waive the	5862
requirements of this section with reference to the minimum number	5863
of days or hours a school must be open for instruction with pupils	5864
in attendance for the school year succeeding the school year in	5865
which a board of education initiates a plan of operation pursuant	5866
to section 3313.481 of the Revised Code. The minimum requirements	5867
of this section shall again be applicable to the district	5868
beginning with the school year commencing the second July	5869
succeeding the initiation of the plan, and for each school year	5870
thereafter.	5871

A school district shall not be considered to have failed to	5872
comply with this division or section 3313.48 or 3313.481 of the	5873
Revised Code because schools were open for instruction but the	5874
length of the regularly scheduled learning day, for any number of	5875
days during the school year, was reduced by not more than two	5876
hours due to hazardous weather conditions.	5877

(3) Each city, exempted village, local, and joint vocational	5878
school district ~~shall have on file, and~~ shall pay ~~in accordance~~	5879
~~with, a~~ teachers' ~~salary schedule which complies with~~salaries	5880
based upon performance as required under section 3317.13 of the	5881
Revised Code.	5882

(B) A school district board of education or educational	5883
service center governing board that has not conformed with other	5884
law, and the rules pursuant thereto, shall not participate in the	5885
distribution of funds authorized by this chapter, except for good	5886
and sufficient reason established to the satisfaction of the state	5887
board of education and the state controlling board.	5888

(C) All funds allocated to school districts under this	5889
chapter, except those specifically allocated for other purposes,	5890
shall be used only to pay current operating expenses or for either	5891
of the following purposes:	5892

(1) The modification or purchase of classroom space to	5893
provide all-day kindergarten as required by section 3321.05 of the	5894
Revised Code, provided the district certifies its shortage of	5895
space for providing all-day kindergarten to the department of	5896
education, in a manner specified by the department;	5897

(2) The modification or purchase of classroom space to reduce	5898
class sizes in grades kindergarten through three to attain the	5899
goal of fifteen students per core teacher, provided the district	5900
certifies its need for additional classroom space to the	5901
department, in a manner specified by the department.	5902

(D) On or before the last day of each month, the department	5903
of education shall certify to the director of budget and	5904
management for payment, for each county:	5905

(1)(a) That portion of the allocation of money under section	5906
3306.13 of the Revised Code that is required to be paid in that	5907
month to each school district located wholly within the county	5908
subsequent to the deductions described in division (D)(1)(b) of	5909
this section;	5910

(b) The amounts deducted from such allocation under sections	5911
3307.31 and 3309.51 of the Revised Code for payment directly to	5912
the school employees and state teachers retirement systems under	5913
such sections.	5914

(2) If the district is located in more than one county, an	5915
apportionment of the amounts that would otherwise be certified	5916
under division (D)(1) of this section. The amounts apportioned to	5917
the county shall equal the amounts certified under division (D)(1)	5918
of this section times the percentage of the district's resident	5919
pupils who reside both in the district and in the county, based on	5920
the average daily membership reported under division (A) of	5921
section 3317.03 of the Revised Code in October of the prior fiscal	5922
year.	5923

Sec. 3307.27. The contributions required under section	5924
3307.26 of the Revised Code shall not be made by an employer on a	5925
teacher's behalf, but may be treated as paid by the employer in	5926
accordance with division (h) of section 414 of the "Internal	5927
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 414(h), as	5928
amended.	5929

Sec. 3307.77. (A) As used in this section, "employer" means	5930
the employer employing a member of the state teachers retirement	5931
system at the time the member commences an absence, or is granted	5932
a leave described in this section.	5933

(B) Any member of the state teachers retirement system	5934
participating in the plan described in sections 3307.50 to 3307.79	5935
of the Revised Code who is, or has been, prevented from making	5936
contributions under section 3307.26 of the Revised Code because of	5937
an absence due to the member's own illness or injury, or who is,	5938
or has been, granted a leave for educational, professional, or	5939
other purposes pursuant to section 3319.13, ~~3319.131~~3319.141, or	5940
3345.28 of the Revised Code or for any other reason approved by	5941
the state teachers retirement board, may purchase service credit,	5942
not to exceed two years for each such period of absence or leave,	5943
either by having deductions made in accordance with division (C)	5944
of this section or by making the payment required by division (D)	5945
or (E) of this section.	5946

(C) If the absence or leave begins and ends in the same year,	5947
the member may purchase credit for the absence or leave by having	5948
the employer deduct and transmit to the system from payrolls in	5949
that year employee contributions on the amount certified by the	5950
employer as the compensation the member would have received had	5951
the member remained employed in the position held when the absence	5952
or leave commenced. The deductions may be made even though the	5953
minimum compensation provided by law for the member is reduced	5954
thereby, unless the amount to be deducted exceeds the compensation	5955
to be paid the member from the time deductions begin until the end	5956
of the year, in which case credit may not be purchased under this	5957
division. The employer shall pay the system the employer	5958
contributions on the compensation amount certified under this	5959
division. Employee and employer contributions shall be made at the	5960
rates in effect at the time the absence or leave occurred. If the	5961
employee or employer rates in effect change during the absence or	5962
leave, the contributions for each month of the absence or leave	5963
shall be made at the rate in effect for that month.	5964

(D) During or following the absence or leave, but no later	5965
than two years following the last day of the year in which the	5966
absence or leave terminates, a member may purchase credit for the	5967
absence or leave by paying to the employer, and the employer	5968
transmitting to the system, employee contributions on the amount	5969
certified by the employer as the compensation the member would	5970
have received had the member remained employed in the position	5971
held when the absence or leave commenced. The employer shall pay	5972
the system the employer contributions on the compensation amount	5973
certified under this division. Employee and employer contributions	5974
shall be made at the rates in effect at the time the absence or	5975
leave occurred. If the employee or employer rates in effect change	5976
during the absence or leave, the contributions for each month of	5977
an absence or leave shall be made at the rate in effect for that	5978
month.	5979

(E) After two years following the last day of the year in	5980
which an absence or leave terminated, a member may purchase credit	5981
for the absence or leave by paying the employer, and the employer	5982
transmitting to the system, the sum of the following for each year	5983
of credit purchased:	5984

(1) An amount determined by multiplying the employee rate of	5985
contribution in effect at the time the absence or leave commenced	5986
by the member's annual compensation for the member's last full	5987
year of service prior to the commencement of the absence or leave,	5988
or, if the member has not had a full year of service, the	5989
compensation the member would have received for the year the	5990
absence or leave commenced had the member continued in service for	5991
a full year;	5992

(2) Interest compounded annually, at a rate determined by the	5993
board, on the amount determined under division (E)(1) of this	5994
section for the period commencing two years following the last day	5995
of the year in which the absence or leave terminated and ending on	5996
the date of payment;	5997

(3) Interest compounded annually, at a rate determined by the	5998
board, on an amount equal to the employer's contribution required	5999
by this division for the period commencing two years following the	6000
last day of the year in which the absence or leave terminated and	6001
ending on the date of payment.	6002

The employer shall pay to the system for each year of credit	6003
purchased under this division an amount determined by multiplying	6004
the employer contribution rate in effect at the time the absence	6005
or leave commenced by the member's annual compensation for the	6006
member's last full year of service prior to the commencement of	6007
the absence or leave, or, if the member has not had a full year of	6008
service, the compensation the member would have received for the	6009
year the absence or leave commenced had the member continued in	6010
service for a full year.	6011

(F) A member who chooses to purchase service credit under	6012
division (D) or (E) of this section may choose to purchase only	6013
part of the credit for which the member is eligible in any one	6014
payment, but payments made more than two years following the last	6015
day of the year in which the absence or leave terminated shall be	6016
made in accordance with division (E) of this section.	6017

(G) The state teachers retirement board may adopt rules to	6018
implement this section.	6019

Sec. 3309.47. Each school employees retirement system	6020
contributor shall contribute eight per cent of the contributor's	6021
compensation to the employees' savings fund, except that the	6022
school employees retirement board may raise the contribution rate	6023
to a rate not greater than ten per cent of compensation.	6024

The contributions required under this section shall not be	6025
paid by an employer on a contributor's behalf, but may be treated	6026
as employer contributions for purposes of state and federal income	6027
tax deferred income provisions.	6028

The contributions by the direction of the school employees	6029
retirement board shall be deducted by the employer from the	6030
compensation of each contributor on each payroll of such	6031
contributor for each payroll period and shall be an amount equal	6032
to the required per cent of such contributor's compensation. On a	6033
finding by the board that an employer has failed or refused to	6034
deduct contributions for any employee during any year and to	6035
transmit such amounts to the retirement system, the retirement	6036
board may make a determination of the amount of the delinquent	6037
contributions, including interest at a rate set by the retirement	6038
board, from the end of each year, and certify to the employer the	6039
amounts for collection. If the amount is not paid by the employer,	6040
it may be certified for collection in the same manner as payments	6041
due the employers' trust fund. Any amounts so collected shall be	6042
held in trust pending receipt of a report of contributions for the	6043
employee for the period involved as provided by law and,	6044
thereafter, the amount in trust shall be transferred to the	6045
employee's savings fund to the credit of the employee. Any amount	6046
remaining after the transfer to the employees' savings fund shall	6047
be transferred to the employers' trust fund as a credit of the	6048
employer.	6049

Any contributor under contract who, because of illness,	6050
accident, or other reason approved by the employer, is prevented	6051
from making the contributor's contribution to the system for any	6052
payroll period, may, upon returning to contributing service, have	6053
such deductions made from other payrolls during the year, or may	6054
pay such amount to the employer and the employer shall transmit	6055
such deductions to the system. The deductions shall be made	6056
notwithstanding that the minimum compensation for any contributor	6057
shall be reduced thereby. Every contributor shall be deemed to	6058
consent and agree to the contributions made and provided for in	6059
this section and shall receipt in full for the contributor's	6060
salary or compensation, and payment, less the contributions, is a	6061
full and complete discharge and acquittance of all claims and	6062
demands whatsoever for the services rendered by the person during	6063
the period covered by the payment.	6064

Each contributor shall pay with the first payment to the	6065
employees' savings fund each year a sum to be determined by the	6066
board, as provided by law, which amount shall be credited to the	6067
expense fund. The payments for the expense fund shall be made to	6068
the board in the same way as payments to the employees' savings	6069
fund are made.	6070

Additional deposits may be made to a member's account. At	6071
retirement, the amount deposited with interest may be used to	6072
provide additional annuity income. The additional deposits may be	6073
refunded to the member before retirement, and shall be refunded if	6074
the member withdraws the member's refundable amount. The deposits	6075
may be refunded to the beneficiary or estate if the member dies	6076
before retirement, and the board shall determine whether regular	6077
interest shall be credited to deposits thus refunded.	6078

Sec. 3311.19. (A) The management and control of a joint	6079
vocational school district shall be vested in the joint vocational	6080
school district board of education. Where a joint vocational	6081
school district is composed only of two or more local school	6082
districts located in one county, or when all the participating	6083
districts are in one county and the boards of such participating	6084
districts so choose, the educational service center governing	6085
board of the county in which the joint vocational school district	6086
is located shall serve as the joint vocational school district	6087
board of education. Where a joint vocational school district is	6088
composed of local school districts of more than one county, or of	6089
any combination of city, local, or exempted village school	6090
districts or educational service centers, unless administration by	6091
the educational service center governing board has been chosen by	6092
all the participating districts in one county pursuant to this	6093
section, the board of education of the joint vocational school	6094
district shall be composed of one or more persons who are members	6095
of the boards of education from each of the city or exempted	6096
village school districts or members of the educational service	6097
centers' governing boards affected to be appointed by the boards	6098
of education or governing boards of such school districts and	6099
educational service centers. In such joint vocational school	6100
districts the number and terms of members of the joint vocational	6101
school district board of education and the allocation of a given	6102
number of members to each of the city and exempted village	6103
districts and educational service centers shall be determined in	6104
the plan for such district, provided that each such joint	6105
vocational school district board of education shall be composed of	6106
an odd number of members.	6107

(B) Notwithstanding division (A) of this section, a governing	6108
board of an educational service center that has members of its	6109
governing board serving on a joint vocational school district	6110
board of education may make a request to the joint vocational	6111
district board that the joint vocational school district plan be	6112
revised to provide for one or more members of boards of education	6113
of local school districts that are within the territory of the	6114
educational service district and within the joint vocational	6115
school district to serve in the place of or in addition to its	6116
educational service center governing board members. If agreement	6117
is obtained among a majority of the boards of education and	6118
governing boards that have a member serving on the joint	6119
vocational school district board of education and among a majority	6120
of the local school district boards of education included in the	6121
district and located within the territory of the educational	6122
service center whose board requests the substitution or addition,	6123
the state board of education may revise the joint vocational	6124
school district plan to conform with such agreement.	6125

(C) If the board of education of any school district or	6126
educational service center governing board included within a joint	6127
vocational district that has had its board or governing board	6128
membership revised under division (B) of this section requests the	6129
joint vocational school district board to submit to the state	6130
board of education a revised plan under which one or more joint	6131
vocational board members chosen in accordance with a plan revised	6132
under such division would again be chosen in the manner prescribed	6133
by division (A) of this section, the joint vocational board shall	6134
submit the revised plan to the state board of education, provided	6135
the plan is agreed to by a majority of the boards of education	6136
represented on the joint vocational board, a majority of the local	6137
school district boards included within the joint vocational	6138
district, and each educational service center governing board	6139
affected by such plan. The state board of education may revise the	6140
joint vocational school district plan to conform with the revised	6141
plan.	6142

(D) The vocational schools in such joint vocational school	6143
district shall be available to all youth of school age within the	6144
joint vocational school district subject to the rules adopted by	6145
the joint vocational school district board of education in regard	6146
to the standards requisite to admission. A joint vocational school	6147
district board of education shall have the same powers, duties,	6148
and authority for the management and operation of such joint	6149
vocational school district as is granted by law, except by this	6150
chapter and Chapters 124., 3306., 3317., 3323., and 3331. of the	6151
Revised Code, to a board of education of a city school district,	6152
and shall be subject to all the provisions of law that apply to a	6153
city school district, except such provisions in this chapter and	6154
Chapters 124., 3306., 3317., 3323., and 3331. of the Revised Code.	6155

(E) Where a governing board of an educational service center	6156
has been designated to serve as the joint vocational school	6157
district board of education, the educational service center	6158
superintendent shall be the executive officer for the joint	6159
vocational school district, and the governing board may provide	6160
for additional compensation to be paid to the educational service	6161
center superintendent by the joint vocational school district, but	6162
the educational service center superintendent shall have no	6163
continuing tenure other than that of educational service center	6164
superintendent. The superintendent of schools of a joint	6165
vocational school district shall exercise the duties and authority	6166
vested by law in a superintendent of schools pertaining to the	6167
operation of a school district and the employment and supervision	6168
of its personnel. The joint vocational school district board of	6169
education shall appoint a treasurer of the joint vocational school	6170
district who shall be the fiscal officer for such district and who	6171
shall have all the powers, duties, and authority vested by law in	6172
a treasurer of a board of education. Where a governing board of an	6173
educational service center has been designated to serve as the	6174
joint vocational school district board of education, such board	6175
may appoint the educational service center superintendent as the	6176
treasurer of the joint vocational school district.	6177

(F) Each member of a joint vocational school district board	6178
of education may be paid such compensation as the board provides	6179
by resolution, but it shall not exceed one hundred twenty-five	6180
dollars per member for each meeting attended plus mileage, at the	6181
rate per mile provided by resolution of the board, to and from	6182
meetings of the board.	6183

The board may provide by resolution for the deduction of	6184
amounts payable for benefits under division (C) of section	6185
3313.202 of the Revised Code.	6186

Each member of a joint vocational school district board may	6187
be paid such compensation as the board provides by resolution for	6188
attendance at an approved training program, provided that such	6189
compensation shall not exceed sixty dollars per day for attendance	6190
at a training program three hours or fewer in length and one	6191
hundred twenty-five dollars a day for attendance at a training	6192
program longer than three hours in length. However, no board	6193
member shall be compensated for the same training program under	6194
this section and section 3313.12 of the Revised Code.	6195

Sec. 3313.12. Each member of the educational service center	6196
governing board may be paid such compensation as the governing	6197
board provides by resolution, provided that any such compensation	6198
shall not exceed one hundred twenty-five dollars a day plus	6199
mileage both ways, at the rate per mile provided by resolution of	6200
the governing board, for attendance at any meeting of the board.	6201
Such compensation and the expenses of the educational service	6202
center superintendent, itemized and verified, shall be paid from	6203
the educational service center governing board fund upon vouchers	6204
signed by the president of the governing board.	6205

The board of education of any city, local, or exempted	6206
village school district may provide by resolution for compensation	6207
of its members, provided that such compensation shall not exceed	6208
one hundred twenty-five dollars per member for meetings attended.	6209
The board may provide by resolution for the deduction of amounts	6210
payable for benefits under division (C) of section 3313.202 of the	6211
Revised Code.	6212

Each member of a district board or educational service center	6213
governing board may be paid such compensation as the respective	6214
board provides by resolution for attendance at an approved	6215
training program, provided that such compensation shall not exceed	6216
sixty dollars a day for attendance at a training program three	6217
hours or fewer in length and one hundred twenty-five dollars a day	6218
for attendance at a training program longer than three hours in	6219
length.	6220

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

6221

(1) "Health care plan" means any of the following types of	6222
insurance or coverage, or a combination of any of the following	6223
types of insurance or coverage, whether issued by an insurance	6224
company or a health insuring corporation duly licensed by this	6225
state:	6226

(a) Hospitalization, surgical care, or major medical	6227
insurance;	6228

(b) Sickness and accident insurance;

6229

6230

(d) Dental care;

6231

(e) Vision care;

6232

(f) Medical care;

6233

(g) Hearing aids;

6234

(h) Prescription drugs.

6235

(2) "Nonteaching employee" means any person employed in the	6236
public schools of the state in a position for which the person is	6237
not required to have a certificate or license issued pursuant to	6238
sections 3319.22 to 3319.31 of the Revised Code.	6239

(3) "Teaching employee" means any person employed in the	6240
public schools of this state in a position for which the person is	6241
required to have a certificate or license issued pursuant to	6242
sections 3319.22 to 3319.31 of the Revised Code.	6243

(B)(1) The board of education of a school district may	6244
procure and pay up to eighty-five per cent of the cost of a health	6245
care plan for any of the following:	6246

(a) The teaching employees of the school district;

6247

(b) The nonteaching employees of the school district;

6248

(c) The dependent children and spouses of employees for whom	6249
coverage is procured.	6250

(2) Any health care plan that a board of education procures	6251
under division (B)(1) of this section shall include best practices	6252
prescribed by the school employees health care board under section	6253
9.901 of the Revised Code.	6254

(3) The benefits provided to a management level employee, as	6255
defined in section 4117.01 of the Revised Code, under a health	6256
care plan that the board procures under this section shall be the	6257
same as any benefits provided to other employees of the board	6258
under a health care plan that the board procures under this	6259
section.	6260

(4) A board of education shall continue to carry, on payroll	6261
records, all school employees whose sick leave accumulation has	6262
expired, or who are on a disability leave of absence or an	6263
approved leave of absence, for the purpose of group term life,	6264
hospitalization, surgical, major medical, or any other insurance.	6265
A board of education may pay all or part of such coverage except	6266
when those employees are on an approved leave of absence, or on a	6267
disability leave of absence for a period exceeding two years.	6268

(C) Any elected or appointed member of the board of education	6269
of a school district and the dependent children and spouse of the	6270
member may be covered, at the option of the member, as an employee	6271
of the school district under any health care plan ~~containing best~~	6272
~~practices prescribed by the school employees health care board~~	6273
adopted under this section ~~9.901 of the Revised Code~~. The provider	6274
of the benefits shall certify to the board the provider's charge	6275
for coverage under each option available to employees under that	6276
plan, and the member shall pay ~~all premiums~~to the school district	6277
the amount certified for that coverage. Payments for such coverage	6278
shall be made, in advance, in a manner prescribed by the ~~school~~	6279
~~employees health care~~ board. The member's exercise of an option to	6280
be covered under this section shall be in writing, announced at a	6281
regular public meeting of the board ~~of education~~, and recorded as	6282
a public record in the minutes of the board.	6283

Sec. 3313.23. If a treasurer of a board of education is	6284
absent from any meeting of the board the members present shall	6285
choose one of their number to serve in ~~his~~the treasurer's place	6286
pro tempore.	6287

If a board of education determines the treasurer is	6288
incapacitated in such a manner that hethe treasurer is unable to	6289
perform the duties of the office of treasurer, the board may, by a	6290
majority vote of the members of the board, appoint a person to	6291
serve in ~~his~~the treasurer's place pro tempore. Each board of	6292
education shall adopt a written policy establishing standards for	6293
determining whether the treasurer is incapacitated, and shall	6294
provide that during any period in which the treasurer is	6295
incapacitated, hethe treasurer may be placed on sick leave or on	6296
leave of absence and may be returned to active duty status from	6297
sick leave or leave of absence. The board shall award leave	6298
pursuant to this written policy in accordance with the general	6299
leave policy the board adopts pursuant to section 3319.141 of the	6300
Revised Code. The treasurer may request a hearing before the board	6301
on any action taken under this section, and he shall have the same	6302
rights in any such hearing as are afforded to a teacher in a board	6303
hearing under section 3319.16 of the Revised Code. The treasurer	6304
pro tempore shall perform all of the duties and functions of the	6305
treasurer, and shall serve until the treasurer's incapacity is	6306
removed as determined by a majority vote of the members of the	6307
board or until the expiration of the treasurer's contract or term	6308
of office, whichever is sooner. The treasurer pro tempore may be	6309
removed at any time for cause by a two-thirds vote of the members	6310
of the board. The board shall fix the compensation of the	6311
treasurer pro tempore in accordance with section 3313.24 of the	6312
Revised Code, and shall require the treasurer pro tempore to	6313
execute a bond immediately after ~~his~~ appointment in accordance	6314
with section 3313.25 of the Revised Code. If a treasurer is a	6315
member of the board, hethe treasurer shall not vote on any matter	6316
related to ~~his~~the treasurer's own incapacitation.	6317

Sec. 3313.24. (A) At the time of the appointment or	6318
designation of the term of office of the treasurer, subject to	6319
division (B) of this section, the board of education of each	6320
local, exempted village, or city school district shall fix the	6321
compensation of its treasurer, which shall be paid from the	6322
general fund of the district. No order for payment of the salary	6323
of the treasurer of a local, exempted village, or city school	6324
district, other than an island school district, shall be drawn	6325
until the treasurer presents to the district board evidence that	6326
the treasurer either holds a valid license issued under section	6327
3301.074 of the Revised Code or is an otherwise qualified	6328
treasurer, as defined in division (B) of section 3313.22 of the	6329
Revised Code.	6330

A governing board of an educational service center which	6331
chooses to act as the governing board of the educational service	6332
center pursuant to division (D) of section 135.01 of the Revised	6333
Code shall fix the compensation of its treasurer and pay its	6334
treasurer in the manner prescribed in the section for local,	6335
exempted village, and city school districts.	6336

(B) The compensation of the treasurer may be increased or	6337
decreased during the treasurer's term of office, provided any	6338
decrease is a part of a uniform plan affecting salaries of all	6339
employees of the district.	6340

(C) The board may establish vacation leave for its treasurer	6341
in accordance with the general leave policy the board adopts	6342
pursuant to section 3319.141 of the Revised Code. Upon the	6343
treasurer's separation from employment, the board may provide	6344
compensation at the treasurer's current rate of pay for all	6345
lawfully accrued and unused vacation leave to the treasurer's	6346
credit at the time of separation, not to exceed the amount accrued	6347
during the three years before the date of separation. In case of	6348
the death of a treasurer, unused vacation leave that the board	6349
would have paid to the treasurer upon separation shall be paid in	6350
accordance with section 2113.04 of the Revised Code or to the	6351
treasurer's estate.	6352

Sec. 3313.33. (A) Conveyances made by a board of education	6353
shall be executed by the president and treasurer thereof.	6354

(B) Except as provided in division (C) of this section, no	6355
member of the board shall have, directly or indirectly, any	6356
pecuniary interest in any contract of the board or be employed in	6357
any manner for compensation by the board of which the person is a	6358
member. No contract shall be binding upon any board unless it is	6359
made or authorized at a regular or special meeting of such board.	6360

(C) A member of the board may have a pecuniary interest in a	6361
contract of the board if all of the following apply:	6362

(1) The member's pecuniary interest in that contract is that	6363
the member is employed by a political subdivision,	6364
instrumentality, or agency of the state that is contracting with	6365
the board;	6366

(2) The member does not participate in any discussion or	6367
debate regarding the contract or vote on the contract;	6368

(3) The member files with the school district treasurer an	6369
affidavit stating the member's exact employment status with the	6370
political subdivision, instrumentality, or agency contracting with	6371
the board.	6372

(D) This section does not apply where a member of the board,	6373
being a shareholder of a corporation but not being an officer or	6374
director thereof, owns not in excess of five per cent of the stock	6375
of such corporation. If a stockholder desires to avail self of the	6376
exception, before entering upon such contract such person shall	6377
first file with the treasurer an affidavit stating the	6378
stockholder's exact status and connection with said corporation.	6379

This section does not apply where a member of the board	6380
elects to be covered by a health care plan under division (C) of	6381
section 3313.202 of the Revised Code.	6382

Sec. 3313.42. (A) When in the judgment of a board of	6383
education of any school district in this state, lying adjacent to	6384
a school district of another state, the best interests of the	6385
public schools can be promoted by purchasing school grounds,	6386
repairing or erecting a schoolhouse, and maintaining them jointly	6387
between the two adjacent school districts, the board of education	6388
of the school district of this state so situated may enter into an	6389
agreement with the school authorities of said adjacent school	6390
district for the purpose of purchasing school grounds, repairing	6391
or constructing a school building, purchasing school furniture,	6392
equipment, appliances, fuel, employing teachers, and maintaining a	6393
school. The board of education of this state may levy taxes and	6394
perform such other duties in maintaining such joint school as are	6395
otherwise provided by law for maintaining the public schools in	6396
this state.	6397

In carrying out this section the school district shall pay	6398
such proportion of the cost of purchasing school grounds,	6399
repairing or erecting a building, and in maintaining the joint	6400
school as is equitable and just in the judgment of the board of	6401
education and trustees of the two adjacent school districts.	6402

(B) ~~In any school district that has entered into an agreement~~	6403
~~under division (A) of this section, the state minimum teacher~~	6404
~~salary requirements prescribed by section 3317.13 of the Revised~~	6405
~~Code do not apply if the total expenditures by the school district~~	6406
~~for teacher salaries in any school year equals or exceeds the~~	6407
~~total minimum expenditures that would have been required in that~~	6408
~~year if such minimum teacher salary requirements did apply.~~	6409

~~(C)~~ Notwithstanding sections 3319.01, 3319.02, and 3313.22 of	6410
the Revised Code, the board of education of a local school	6411
district that has entered into an agreement with an adjacent	6412
school district in another state under division (A) of this	6413
section may contract with the educational service center within	6414
which the local school district is located for the service center	6415
to provide any administrative services specified in the agreement	6416
to the local school district and the adjacent district. If such an	6417
agreement provides for the duties of a district treasurer,	6418
superintendent, or principals to be performed by the service	6419
center, the local school district is not required to employ	6420
persons to perform such duties.	6421

Sec. 3314.10. (A)(1) The governing authority of any	6422
community school established under this chapter may employ	6423
teachers and nonteaching employees necessary to carry out its	6424
mission and fulfill its contract.	6425

(2) ~~Except as provided under division (A)(3) of this section,~~	6426
~~employees hired under this section may organize and collectively~~	6427
~~bargain pursuant to Chapter 4117. of the Revised Code.~~	6428
~~Notwithstanding division (D)(1) of section 4117.06 of the Revised~~	6429
~~Code, a unit containing teaching and nonteaching employees~~	6430
~~employed under this section shall be considered an appropriate~~	6431
~~unit. As applicable, employment under this section is subject to~~	6432
~~either Chapter 3307. or 3309. of the Revised Code.~~	6433

~~(3)~~ If a school is created by converting all or part of an	6434
existing public school rather than by establishment of a new	6435
start-up school, at the time of conversion, the employees of the	6436
community school shall remain part of any collective bargaining	6437
unit in which they were included immediately prior to the	6438
conversion and shall remain subject to any collective bargaining	6439
agreement for that unit in effect on the first day of July of the	6440
year in which the community school initially begins operation and	6441
shall be subject to any subsequent collective bargaining agreement	6442
for that unit, unless a petition is certified as sufficient under	6443
division (A)~~(6)~~(5) of this section with regard to those employees	6444
or the governing authority of the community school submits a	6445
statement to the state employment relations board under division	6446
(A)(3) of this section. Any new employees of the community school	6447
shall also be included in the unit to which they would have been	6448
assigned had not the conversion taken place and shall be subject	6449
to the collective bargaining agreement for that unit unless a	6450
petition is certified as sufficient under division (A)~~(6)~~(5) of	6451
this section with regard to those employees or the governing	6452
authority of the community school submits a statement to the state	6453
employment relations board under division (A)(3) of this section.	6454

Notwithstanding division (B) of section 4117.01 of the	6455
Revised Code, the board of education of a school district and not	6456
the governing authority of a community school shall be regarded,	6457
for purposes of Chapter 4117. of the Revised Code, as the "public	6458
employer" of the employees of a conversion community school	6459
subject to a collective bargaining agreement pursuant to division	6460
(A)~~(3)~~(2) of this section ~~unless a petition is certified under~~	6461
~~division (A)(6) of this section with regard to those employees~~.	6462
~~Only on and after the effective date of a petition certified as~~	6463
~~sufficient under division (A)(6) of this section shall division~~	6464
~~(A)(2) of this section apply to those employees of that community~~	6465
~~school and only on and after the effective date of that petition~~	6466
~~shall Chapter 4117. of the Revised Code apply to the governing~~	6467
~~authority of that community school with regard to those employees.~~	6468

~~(4)~~(3) Notwithstanding sections 4117.03 to 4117.18 of the	6469
Revised Code and Section 4 of Amended Substitute Senate Bill No.	6470
133 of the 115th general assembly, the employees of a conversion	6471
community school who are subject to a collective bargaining	6472
agreement pursuant to division (A)~~(3)~~(2) of this section shall	6473
cease to be subject to ~~that agreement and~~ all subsequent	6474
agreements pursuant to that division and shall cease to be part of	6475
the collective bargaining unit that is subject to ~~that and~~ all	6476
subsequent agreements, if ~~a majority of the employees of~~the	6477
governing authority of that community school ~~who are subject to~~	6478
~~that collective bargaining agreement sign and submit~~submits to	6479
the state employment relations board a ~~petition~~statement	6480
requesting ~~all of the following:~~	6481

~~(a) That~~that all the employees of the community school who	6482
are subject to that agreement be removed from the bargaining unit	6483
that is subject to that agreement ~~and be designated by the state~~	6484
~~employment relations board as a new and separate bargaining unit~~	6485
~~for purposes of Chapter 4117. of the Revised Code;~~	6486

~~(b) That the employee organization certified as the exclusive~~	6487
~~representative of the employees of the bargaining unit from which~~	6488
~~the employees are to be removed be certified as the exclusive~~	6489
~~representative of the new and separate bargaining unit for~~	6490
~~purposes of Chapter 4117. of the Revised Code;~~	6491

~~(c) That the governing authority of the community school be~~	6492
~~regarded as the "public employer" of these employees for purposes~~	6493
~~of Chapter 4117. of the Revised Code~~.	6494

~~(5)~~(4) Notwithstanding sections 4117.03 to 4117.18 of the	6495
Revised Code and Section 4 of Amended Substitute Senate Bill No.	6496
133 of the 115th general assembly, the employees of a conversion	6497
community school who are subject to a collective bargaining	6498
agreement pursuant to division (A)~~(3)~~(2) of this section shall	6499
cease to be subject to that agreement and all subsequent	6500
agreements pursuant to that division, shall cease to be part of	6501
the collective bargaining unit that is subject to that and all	6502
subsequent agreements, and shall cease to be represented by any	6503
exclusive representative of that collective bargaining unit, if a	6504
majority of the employees of the community school who are subject	6505
to that collective bargaining agreement sign and submit to the	6506
state employment relations board a petition requesting all of the	6507
following:	6508

(a) That all the employees of the community school who are	6509
subject to that agreement be removed from the bargaining unit that	6510
is subject to that agreement;	6511

(b) That any employee organization certified as the exclusive	6512
representative of the employees of that bargaining unit be	6513
decertified as the exclusive representative of the employees of	6514
the community school who are subject to that agreement;	6515

~~(c) That the governing authority of the community school be~~	6516
~~regarded as the "public employer" of these employees for purposes~~	6517
~~of Chapter 4117. of the Revised Code~~.	6518

~~(6)~~(5) Upon receipt of a petition under division (A)(4) or	6519
~~(5)~~ of this section, the state employment relations board shall	6520
check the sufficiency of the signatures on the petition. If the	6521
signatures are found sufficient, the board shall certify the	6522
sufficiency of the petition and so notify the parties involved,	6523
including the board of education, the governing authority of the	6524
community school, and any exclusive representative of the	6525
bargaining unit. The changes requested in a certified petition	6526
shall take effect on the first day of the month immediately	6527
following the date on which the sufficiency of the petition is	6528
certified under division (A)~~(6)~~(5) of this section.	6529

(B)(1) The board of education of each city, local, and	6530
exempted village school district sponsoring a community school and	6531
the governing board of each educational service center in which a	6532
community school is located shall adopt a policy that provides a	6533
leave of absence of at least three years to each teacher or	6534
nonteaching employee of the district or service center who is	6535
employed by a conversion or new start-up community school	6536
sponsored by the district or located in the district or center for	6537
the period during which the teacher or employee is continuously	6538
employed by the community school. The policy shall also provide	6539
that any teacher or nonteaching employee may return to employment	6540
by the district or service center if the teacher or employee	6541
leaves or is discharged from employment with the community school	6542
for any reason, unless, in the case of a teacher, the board of the	6543
district or service center determines that the teacher was	6544
discharged for a reason for which the board would have sought to	6545
discharge the teacher under section 3319.16 of the Revised Code,	6546
in which case the board may proceed to discharge the teacher	6547
utilizing the procedures of that section. Upon termination of such	6548
a leave of absence, any seniority that is applicable to the person	6549
shall be calculated to include all of the following: all	6550
employment by the district or service center prior to the leave of	6551
absence; all employment by the community school during the leave	6552
of absence; and all employment by the district or service center	6553
after the leave of absence. The policy shall also provide that if	6554
any teacher holding valid certification returns to employment by	6555
the district or service center upon termination of such a leave of	6556
absence, the teacher shall be restored to the previous position	6557
and salary or to a position and salary similar thereto. If, as a	6558
result of teachers returning to employment upon termination of	6559
such leaves of absence, a school district or educational service	6560
center reduces the number of teachers it employs, it shall make	6561
such reductions in accordance with section 3319.17 or, if	6562
applicable, 3319.171 of the Revised Code.	6563

Unless a collective bargaining agreement providing otherwise	6564
is in effect for an employee of a conversion community school	6565
pursuant to division (A)~~(3)~~(2) of this section, an employee on a	6566
leave of absence pursuant to this division shall remain eligible	6567
for any benefits that are in addition to benefits under Chapter	6568
3307. or 3309. of the Revised Code provided by the district or	6569
service center to its employees provided the employee pays the	6570
entire cost associated with such benefits, except that personal	6571
leave and vacation leave cannot be accrued for use as an employee	6572
of a school district or service center while in the employ of a	6573
community school unless the district or service center board	6574
adopts a policy expressly permitting this accrual.	6575

(2) While on a leave of absence pursuant to division (B)(1)	6576
of this section, a conversion community school shall permit a	6577
teacher to use sick leave accrued while in the employ of the	6578
school district from which the leave of absence was taken and	6579
prior to commencing such leave. If a teacher who is on such a	6580
leave of absence uses sick leave so accrued, the cost of any	6581
salary paid by the community school to the teacher for that time	6582
shall be reported to the department of education. The cost of	6583
employing a substitute teacher for that time shall be paid by the	6584
community school. The department of education shall add amounts to	6585
the payments made to a community school under this chapter as	6586
necessary to cover the cost of salary reported by a community	6587
school as paid to a teacher using sick leave so accrued pursuant	6588
to this section. The department shall subtract the amounts of any	6589
payments made to community schools under this division from	6590
payments made to such sponsoring school district under Chapters	6591
3306. and 3317. of the Revised Code.	6592

A school district providing a leave of absence and employee	6593
benefits to a person pursuant to this division is not liable for	6594
any action of that person while the person is on such leave and	6595
employed by a community school.	6596

Sec. 3316.07. (A) A school district financial planning and	6597
supervision commission has the following powers, duties, and	6598
functions:	6599

(1) To review or to assume responsibility for the development	6600
of all tax budgets, tax levy and bond and note resolutions,	6601
appropriation measures, and certificates of estimated resources of	6602
the school district in order to ensure that such are consistent	6603
with the financial recovery plan and a balanced appropriation	6604
budget for the current fiscal year, and to request and review any	6605
supporting information upon which the financial recovery plan and	6606
balanced appropriation budget may be developed and based, and to	6607
determine whether revenue estimates and estimates of expenditures	6608
and appropriations will result in a balanced budget;	6609

(2) To inspect and secure copies of any document, resolution,	6610
or instrument pertaining to the effective financial accounting and	6611
reporting system, debt obligations, debt limits, financial	6612
recovery plan, balanced appropriation budgets, appropriation	6613
measures, report of audit, statement or invoice, or other	6614
worksheet or record of the school district;	6615

(3) To inspect and secure copies of any document, instrument,	6616
certification, records of proceedings, or other worksheet or	6617
records of the county budget commission, county auditor, or other	6618
official or employee of the school district or of any other	6619
political subdivision or agency of government of the state;	6620

(4) To review, revise, and approve determinations and	6621
certifications affecting the school district made by the county	6622
budget commission or county auditor pursuant to Chapter 5705. of	6623
the Revised Code to ensure that such determinations and	6624
certifications are consistent with the laws of the state;	6625

(5) To bring civil actions, including mandamus, to enforce	6626
this chapter;	6627

(6) After consultation with the officials of the school	6628
district and the auditor of state, to implement or require	6629
implementation of any necessary or appropriate steps to bring the	6630
books of account, accounting systems, and financial procedures and	6631
reports of the school district into compliance with requirements	6632
prescribed by the auditor of state, and to assume responsibility	6633
for achieving such compliance and for making any desirable	6634
modifications and supplementary systems and procedures pertinent	6635
to the school district;	6636

(7) To assist or provide assistance to the school district or	6637
to assume the total responsibility for the structuring or the	6638
terms of, and the placement for sale of, debt obligations of the	6639
school district;	6640

(8) To perform all other powers, duties, and functions as	6641
provided under this chapter;	6642

(9) To make and enter into all contracts and agreements	6643
necessary or incidental to the performance of its duties and the	6644
exercise of its powers under this chapter;	6645

(10) To consult with officials of the school district and	6646
make recommendations or assume the responsibility for implementing	6647
cost reductions and revenue increases to achieve balanced budgets	6648
and carry out the financial recovery plan in accordance with this	6649
chapter;	6650

(11) To make reductions in force to bring the school	6651
district's budget into balance, notwithstanding section 3319.081	6652
and divisions (A) and (B) of section 3319.17 of the Revised Code,	6653
notwithstanding any provision of a policy adopted under section	6654
3319.171 of the Revised Code, and notwithstanding any provision to	6655
the contrary in section 4117.08 or 4117.10 of the Revised Code or	6656
in any collective bargaining agreement entered into on or after	6657
November 21, 1997.	6658

In making reductions in force, the commission shall first	6659
consider reasonable reductions among the administrative and	6660
~~non-teaching~~nonteaching employees of the school district giving	6661
due regard to ensuring the district's ability to maintain the	6662
personnel, programs, and services essential to the provision of an	6663
adequate educational program.	6664

In making these reductions in ~~non-teaching~~nonteaching	6665
employees in districts where Chapter 124. of the Revised Code	6666
controls such reductions, the reductions shall be made in	6667
accordance with sections 124.321 to 124.327 of the Revised Code.	6668
In making these reductions in ~~non-teaching~~nonteaching employees	6669
in districts where Chapter 124. of the Revised Code does not	6670
control these reductions, within each category of ~~non-teaching~~	6671
nonteaching employees, the commission shall give preference to	6672
those employees with continuing contracts or non-probationary	6673
status ~~and who have greater seniority~~. In making these reductions	6674
in nonteaching employees, the commission shall not use seniority	6675
as the only factor in determining dismissals.	6676

If revenues and expenditures cannot be balanced by reasonable	6677
reductions in administrative and ~~non-teaching~~nonteaching	6678
employees, the commission may also make reasonable reductions in	6679
the number of teaching contracts. If the commission finds it	6680
necessary to suspend teaching contracts, it shall suspend them in	6681
accordance with division (C) of section 3319.17 of the Revised	6682
Code but shall consider a reduction in non-classroom teachers	6683
before classroom teachers.	6684

(B) During the fiscal emergency period, the commission shall,	6685
in addition to other powers:	6686

(1) With respect to the appropriation measure in effect at	6687
the commencement of the fiscal emergency period of the school	6688
district if that period commenced more than three months prior to	6689
the end of the current fiscal year, and otherwise with respect to	6690
the appropriation measure for the next fiscal year:	6691

(a) Review and determine the adequacy of all revenues to meet	6692
all expenditures for such fiscal year;	6693

(b) Review and determine the extent of any deficiency of	6694
revenues to meet such expenditures;	6695

(c) Require the school district board or superintendent to	6696
provide justification documents to substantiate, to the extent and	6697
in the manner considered necessary, any item of revenue or	6698
appropriation;	6699

(d) Not later than sixty days after taking office or after	6700
receiving the appropriation measure for the next fiscal year,	6701
issue a public report regarding its review pursuant to division	6702
(B)(1) of this section.	6703

(2) Require the school district board, by resolution, to	6704
establish monthly levels of expenditures and encumbrances	6705
consistent with the financial recovery plan and the commission's	6706
review pursuant to divisions (B)(1)(a) and (b) of this section, or	6707
establish such levels itself. If the commission permits the	6708
district board to make expenditures, the commission shall monitor	6709
the monthly levels of expenditures and encumbrances and require	6710
justification documents to substantiate any departure from any	6711
approved level. No district board shall make any expenditure apart	6712
from the approved level without the written approval of the	6713
commission.	6714

(C) In making any determination pursuant to division (B) of	6715
this section, the commission may rely on any information	6716
considered in its judgment reliable or material and shall not be	6717
restricted by any tax budget or certificate or any other document	6718
the school district may have adopted or received from any other	6719
governmental agency.	6720

(D) County, state, and school district officers or employees	6721
shall assist the commission diligently and promptly in the	6722
prosecution of its duties, including the furnishing of any	6723
materials, including justification documents, required.	6724

(E) Annually on or before the first day of April during the	6725
fiscal emergency period, the commission shall make reports and	6726
recommendations to the speaker of the house of representatives and	6727
the president of the senate concerning progress of the school	6728
district to eliminate fiscal emergency conditions, failures of the	6729
school district to comply with this chapter, and recommendations	6730
for further actions to attain the objectives of this chapter,	6731
including any legislative action needed to make provisions of law	6732
more effective for their purposes, or to enhance revenue raising	6733
or financing capabilities of school districts. The commission may	6734
make such interim reports as it considers appropriate for such	6735
purposes and shall make such additional reports as may be	6736
requested by either house of the general assembly.	6737

Sec. 3317.01. As used in this section and section 3317.011	6738
of the Revised Code, "school district," unless otherwise	6739
specified, means any city, local, exempted village, joint	6740
vocational, or cooperative education school district and any	6741
educational service center.	6742

This chapter shall be administered by the state board of	6743
education. The superintendent of public instruction shall	6744
calculate the amounts payable to each school district and shall	6745
certify the amounts payable to each eligible district to the	6746
treasurer of the district as provided by this chapter. As soon as	6747
possible after such amounts are calculated, the superintendent	6748
shall certify to the treasurer of each school district the	6749
district's adjusted charge-off increase, as defined in section	6750
5705.211 of the Revised Code. No moneys shall be distributed	6751
pursuant to this chapter without the approval of the controlling	6752
board.	6753

The state board of education shall, in accordance with	6754
appropriations made by the general assembly, meet the financial	6755
obligations of this chapter.	6756

Moneys distributed pursuant to this chapter shall be	6757
calculated and paid on a fiscal year basis, beginning with the	6758
first day of July and extending through the thirtieth day of June.	6759
The moneys appropriated for each fiscal year shall be distributed	6760
periodically to each school district unless otherwise provided	6761
for. The state board shall submit a yearly distribution plan to	6762
the controlling board at its first meeting in July. The state	6763
board shall submit any proposed midyear revision of the plan to	6764
the controlling board in January. Any year-end revision of the	6765
plan shall be submitted to the controlling board in June. If	6766
moneys appropriated for each fiscal year are distributed other	6767
than monthly, such distribution shall be on the same basis for	6768
each school district.	6769

Except as otherwise provided, payments under this chapter	6770
shall be made only to those school districts in which:	6771

(A) The school district, except for any educational service	6772
center and any joint vocational or cooperative education school	6773
district, levies for current operating expenses at least twenty	6774
mills. Levies for joint vocational or cooperative education school	6775
districts or county school financing districts, limited to or to	6776
the extent apportioned to current expenses, shall be included in	6777
this qualification requirement. School district income tax levies	6778
under Chapter 5748. of the Revised Code, limited to or to the	6779
extent apportioned to current operating expenses, shall be	6780
included in this qualification requirement to the extent	6781
determined by the tax commissioner under division (D) of section	6782
3317.021 of the Revised Code.	6783

(B) The school year next preceding the fiscal year for which	6784
such payments are authorized meets the requirement of section	6785
3313.48 or 3313.481 of the Revised Code, with regard to the	6786
minimum number of days or hours school must be open for	6787
instruction with pupils in attendance, for individualized	6788
parent-teacher conference and reporting periods, and for	6789
professional meetings of teachers. This requirement shall be	6790
waived by the superintendent of public instruction if it had been	6791
necessary for a school to be closed because of disease epidemic,	6792
hazardous weather conditions, inoperability of school buses or	6793
other equipment necessary to the school's operation, damage to a	6794
school building, or other temporary circumstances due to utility	6795
failure rendering the school building unfit for school use,	6796
provided that for those school districts operating pursuant to	6797
section 3313.48 of the Revised Code the number of days the school	6798
was actually open for instruction with pupils in attendance and	6799
for individualized parent-teacher conference and reporting periods	6800
is not less than one hundred seventy-five, or for those school	6801
districts operating on a trimester plan the number of days the	6802
school was actually open for instruction with pupils in attendance	6803
not less than seventy-nine days in any trimester, for those school	6804
districts operating on a quarterly plan the number of days the	6805
school was actually open for instruction with pupils in attendance	6806
not less than fifty-nine days in any quarter, or for those school	6807
districts operating on a pentamester plan the number of days the	6808
school was actually open for instruction with pupils in attendance	6809
not less than forty-four days in any pentamester. However, for	6810
fiscal year 2012, the superintendent shall waive two fewer such	6811
days for the 2010-2011 school year.	6812

A school district shall not be considered to have failed to	6813
comply with this division or section 3313.481 of the Revised Code	6814
because schools were open for instruction but either twelfth grade	6815
students were excused from attendance for up to three days or only	6816
a portion of the kindergarten students were in attendance for up	6817
to three days in order to allow for the gradual orientation to	6818
school of such students.	6819

The superintendent of public instruction shall waive the	6820
requirements of this section with reference to the minimum number	6821
of days or hours school must be in session with pupils in	6822
attendance for the school year succeeding the school year in which	6823
a board of education initiates a plan of operation pursuant to	6824
section 3313.481 of the Revised Code. The minimum requirements of	6825
this section shall again be applicable to such a district	6826
beginning with the school year commencing the second July	6827
succeeding the initiation of one such plan, and for each school	6828
year thereafter.	6829

A school district shall not be considered to have failed to	6830
comply with this division or section 3313.48 or 3313.481 of the	6831
Revised Code because schools were open for instruction but the	6832
length of the regularly scheduled school day, for any number of	6833
days during the school year, was reduced by not more than two	6834
hours due to hazardous weather conditions.	6835

(C) The school district ~~has on file, and~~ is paying in	6836
~~accordance with, a~~ teachers' ~~salary schedule which complies with~~	6837
salaries based upon performance as required under section 3317.13	6838
of the Revised Code.	6839

A board of education or governing board of an educational	6840
service center which has not conformed with other law and the	6841
rules pursuant thereto, shall not participate in the distribution	6842
of funds authorized by sections 3317.022 to 3317.0211, 3317.11,	6843
3317.16, 3317.17, and 3317.19 of the Revised Code, except for good	6844
and sufficient reason established to the satisfaction of the state	6845
board of education and the state controlling board.	6846

All funds allocated to school districts under this chapter,	6847
except those specifically allocated for other purposes, shall be	6848
used to pay current operating expenses only.	6849

Sec. 3317.018. (A) The department of education shall make no	6850
calculations or payments under Chapter 3317. of the Revised Code	6851
for any fiscal year except as prescribed in this section.	6852

(B) School districts shall report student enrollment data as	6853
prescribed by section 3317.03 of the Revised Code, which data the	6854
department shall use to make payments under Chapters 3306. and	6855
3317. of the Revised Code.	6856

(C) The tax commissioner shall report data regarding tax	6857
valuation and receipts for school districts as prescribed by	6858
sections 3317.015, 3317.021, 3317.025, 3317.026, 3317.027,	6859
3317.028, 3317.0210, 3317.0211, and 3317.08 and by division (M) of	6860
section 3317.02 of the Revised Code, which data the department	6861
shall use to make payments under Chapters 3306. and 3317. of the	6862
Revised Code.	6863

(D) Unless otherwise specified by another provision of law,	6864
in addition to the payments prescribed by Chapter 3306. of the	6865
Revised Code, the department shall continue to make payments to or	6866
adjustments for school districts in fiscal years after fiscal year	6867
2009 under the following provisions of Chapter 3317. of the	6868
Revised Code:	6869

(1) The catastrophic cost reimbursement under division (C)(3)	6870
of section 3317.022 of the Revised Code. No other payments shall	6871
be made under that section.	6872

(2) All payments or adjustments under section 3317.023 of the	6873
Revised Code, except no payments or adjustments shall be made	6874
under divisions (B), (C), and (D) of that section.	6875

(3) All payments or adjustments under section 3317.024 of the	6876
Revised Code, except no payments or adjustments shall be made	6877
under divisions (F), (L), and (N) of that section.	6878

(4) All payments and adjustments under sections 3317.025,	6879
3317.026, 3317.027, 3317.028, 3317.0210, and 3317.0211 of the	6880
Revised Code;	6881

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

6882

(6) Unit payments under sections 3317.05, 3317.051, 3317.052,	6883
and 3317.053 of the Revised Code, except that no units for gifted	6884
funding are authorized after fiscal year 2009.	6885

(7) Payments under sections 3317.06, 3317.063, and 3317.064	6886
of the Revised Code;	6887

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

6888

(9) Payments to educational service centers under section	6889
3317.11 of the Revised Code;	6890

(10) The catastrophic cost reimbursement under division (E)	6891
of section 3317.16 of the Revised Code and excess cost	6892
reimbursements under division (G) of that section. No other	6893
payments shall be made under that section;	6894

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

6895

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

6896

(13) Payments to cooperative education school districts under	6897
section 3317.19 of the Revised Code;	6898

(14) Payments to county MR/DD boards under section 3317.20 of	6899
the Revised Code;	6900

(15) Payments to state institutions for weighted special	6901
education funding under section 3317.201 of the Revised Code.	6902

(E) Sections 3317.016 and 3317.017 shall not apply to fiscal	6903
years after fiscal year 2009.	6904

(F) This section does not affect the provisions of sections	6905
3317.031, 3317.032, 3317.033, 3317.035, 3317.061, 3317.08,	6906
3317.081, 3317.082, 3317.09, ~~3317.12,~~ 3317.13, ~~3317.14,~~ 3317.15,	6907
3317.50, 3317.51, 3317.62, 3317.63, and 3317.64 of the Revised	6908
Code.	6909

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

6910

(1) "Client school district" means a city or exempted village	6911
school district that has entered into an agreement under section	6912
3313.843 of the Revised Code to receive any services from an	6913
educational service center.	6914

(2) "Service center ADM" means the sum of the total student	6915
counts of all local school districts within an educational service	6916
center's territory and all of the service center's client school	6917
districts.	6918

(3) "STEM school" means a science, technology, engineering,	6919
and mathematics school established under Chapter 3326. of the	6920
Revised Code.	6921

(4) "Total student count" has the same meaning as in section	6922
3301.011 of the Revised Code.	6923

(B)(1) The governing board of each educational service center	6924
shall provide supervisory services to each local school district	6925
within the service center's territory. Each city or exempted	6926
village school district that enters into an agreement under	6927
section 3313.843 of the Revised Code for a governing board to	6928
provide any services also is considered to be provided supervisory	6929
services by the governing board. Except as provided in division	6930
(B)(2) of this section, the supervisory services shall not exceed	6931
one supervisory teacher for the first fifty classroom teachers	6932
required to be employed in the districts, as calculated under	6933
section 3317.023 of the Revised Code, and one for each additional	6934
one hundred required classroom teachers, as so calculated.	6935

The supervisory services shall be financed annually through	6936
supervisory units. Except as provided in division (B)(2) of this	6937
section, the number of supervisory units assigned to each district	6938
shall not exceed one unit for the first fifty classroom teachers	6939
required to be employed in the district, as calculated under	6940
section 3317.023 of the Revised Code, and one for each additional	6941
one hundred required classroom teachers, as so calculated. The	6942
cost of each supervisory unit shall be the sum of:	6943

(a) The ~~minimum~~performance-based salary prescribed by	6944
section 3317.13 of the Revised Code for the licensed supervisory	6945
employee of the governing board;	6946

(b) An amount equal to fifteen per cent of the salary	6947
prescribed by section 3317.13 of the Revised Code;	6948

(c) An allowance for necessary travel expenses, limited to	6949
the lesser of two hundred twenty-three dollars and sixteen cents	6950
per month or two thousand six hundred seventy-eight dollars per	6951
year.	6952

(2) If a majority of the boards of education, or	6953
superintendents acting on behalf of the boards, of the local and	6954
client school districts receiving services from the educational	6955
service center agree to receive additional supervisory services	6956
and to pay the cost of a corresponding number of supervisory units	6957
in excess of the services and units specified in division (B)(1)	6958
of this section, the service center shall provide the additional	6959
services as agreed to by the majority of districts to, and the	6960
department of education shall apportion the cost of the	6961
corresponding number of additional supervisory units pursuant to	6962
division (B)(3) of this section among, all of the service center's	6963
local and client school districts.	6964

(3) The department shall apportion the total cost for all	6965
supervisory units among the service center's local and client	6966
school districts based on each district's total student count. The	6967
department shall deduct each district's apportioned share pursuant	6968
to division (E) of section 3317.023 of the Revised Code and pay	6969
the apportioned share to the service center.	6970

(C) The department annually shall deduct from each local and	6971
client school district of each educational service center,	6972
pursuant to division (E) of section 3317.023 of the Revised Code,	6973
and pay to the service center an amount equal to six dollars and	6974
fifty cents times the school district's total student count. The	6975
board of education, or the superintendent acting on behalf of the	6976
board, of any local or client school district may agree to pay an	6977
amount in excess of six dollars and fifty cents per student in	6978
total student count. If a majority of the boards of education, or	6979
superintendents acting on behalf of the boards, of the local	6980
school districts within a service center's territory approve an	6981
amount in excess of six dollars and fifty cents per student in	6982
total student count, the department shall deduct the approved	6983
excess per student amount from all of the local school districts	6984
within the service center's territory and pay the excess amount to	6985
the service center.	6986

(D) The department shall pay each educational service center	6987
the amounts due to it from school districts pursuant to contracts,	6988
compacts, or agreements under which the service center furnishes	6989
services to the districts or their students. In order to receive	6990
payment under this division, an educational service center shall	6991
furnish either a copy of the contract, compact, or agreement	6992
clearly indicating the amounts of the payments, or a written	6993
statement that clearly indicates the payments owed and is signed	6994
by the superintendent or treasurer of the responsible school	6995
district. The amounts paid to service centers under this division	6996
shall be deducted from payments to school districts pursuant to	6997
division (K)(3) of section 3317.023 of the Revised Code.	6998

(E) Each school district's deduction under this section and	6999
divisions (E) and (K)(3) of section 3317.023 of the Revised Code	7000
shall be made from the total payment computed for the district	7001
under this chapter, after making any other adjustments in that	7002
payment required by law.	7003

(F)(1) Except as provided in division (F)(2) of this section,	7004
the department annually shall pay the governing board of each	7005
educational service center state funds equal to thirty-seven	7006
dollars times its service center ADM.	7007

(2) The department annually shall pay state funds equal to	7008
forty dollars and fifty-two cents times the service center ADM to	7009
each educational service center comprising territory that was	7010
included in the territory of at least three former service centers	7011
or county school districts, which former centers or districts	7012
engaged in one or more mergers under section 3311.053 of the	7013
Revised Code to form the present center.	7014

(G) Each city, exempted village, local, joint vocational, or	7015
cooperative education school district shall pay to the governing	7016
board of an educational service center any amounts agreed to for	7017
each child enrolled in the district who receives special education	7018
and related services or career-technical education from the	7019
educational service center, unless these educational services are	7020
provided pursuant to a contract, compact, or agreement for which	7021
the department deducts and transfers payments under division (D)	7022
of this section and division (K)(3) of section 3317.023 of the	7023
Revised Code.	7024

(H) The department annually shall pay the governing board of	7025
each educational service center that has entered into a contract	7026
with a STEM school for the provision of services described in	7027
division (B) of section 3326.45 of the Revised Code state funds	7028
equal to the per-pupil amount specified in the contract for the	7029
provision of those services times the number of students enrolled	7030
in the STEM school.	7031

(I) An educational service center:

7032

(1) May provide special education and career-technical	7033
education to students in its local or client school districts;	7034

(2) Is eligible for transportation funding under division (G)	7035
of section 3317.024 of the Revised Code and for state subsidies	7036
for the purchase of school buses under section 3317.07 of the	7037
Revised Code;	7038

(3) May apply for and receive gifted education units and	7039
provide gifted education services to students in its local or	7040
client school districts;	7041

(4) May conduct driver education for high school students in	7042
accordance with Chapter 4508. of the Revised Code.	7043

Sec. 3317.13. (A) As used in this section ~~and section~~	7044
~~3317.14 of the Revised Code:~~	7045

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

7046

~~(a) All years of teaching service in the same school district~~	7047
~~or educational service center, regardless of training level, with~~	7048
~~each year consisting of at least one hundred twenty days under a~~	7049
~~teacher's contract;~~	7050

~~(b) All years of teaching service in a chartered, nonpublic~~	7051
~~school located in Ohio as a teacher licensed pursuant to section~~	7052
~~3319.22 of the Revised Code or in another public school,~~	7053
~~regardless of training level, with each year consisting of at~~	7054
~~least one hundred twenty days under a teacher's contract;~~	7055

~~(c) All years of teaching service in a chartered school or~~	7056
~~institution or a school or institution that subsequently became~~	7057
~~chartered or a chartered special education program or a special~~	7058
~~education program that subsequently became chartered operated by~~	7059
~~the state or by a subdivision or other local governmental unit of~~	7060
~~this state as a teacher licensed pursuant to section 3319.22 of~~	7061
~~the Revised Code, regardless of training level, with each year~~	7062
~~consisting of at least one hundred twenty days; and~~	7063

~~(d) All years of active military service in the armed forces~~	7064
~~of the United States, as defined in section 3307.75 of the Revised~~	7065
~~Code, to a maximum of five years. For purposes of this~~	7066
~~calculation, a partial year of active military service of eight~~	7067
~~continuous months or more in the armed forces shall be counted as~~	7068
~~a full year.~~	7069

~~(2) "Teacher"~~, "teacher" means all teachers employed by the	7070
board of education of any school district, including any	7071
cooperative education or joint vocational school district and all	7072
teachers employed by any educational service center governing	7073
board.	7074

(B) NoEach teacher shall be paid a salary ~~less than that~~	7075
~~provided in the schedule set forth in division (C) of this~~	7076
~~section. In calculating the minimum salary any teacher shall be~~	7077
~~paid pursuant to this section, years of service shall include the~~	7078
~~sum of all years of the teacher's teaching service included in~~	7079
~~divisions (A)(1)(a), (b), (c), and (d) of this section; except~~	7080
~~that any school district or educational service center employing a~~	7081
~~teacher new to the district or educational service center shall~~	7082
~~grant such teacher a total of not more than ten years of service~~	7083
~~pursuant to divisions (A)(1)(b), (c), and (d) of this section.~~	7084

~~Upon written complaint to the superintendent of public~~	7085
~~instruction that the board of education of a district or the~~	7086
~~governing board of an educational service center governing board~~	7087
~~has failed or refused to annually adopt a salary schedule or to~~	7088
~~pay salaries in accordance with the salary schedule set forth in~~	7089
~~division (C) of this section, the superintendent of public~~	7090
~~instruction shall cause to be made an immediate investigation of~~	7091
~~such complaint. If the superintendent finds that the conditions~~	7092
~~complained of exist, the superintendent shall order the board to~~	7093
~~correct such conditions within ten days from the date of the~~	7094
~~finding. No moneys shall be distributed to the district or~~	7095
~~educational service center under this chapter until the~~	7096
~~superintendent has satisfactory evidence of the board of~~	7097
~~education's full compliance with such order.~~	7098

~~Each teacher shall be fully credited with placement in the~~	7099
~~appropriate academic training level column in the district's or~~	7100
~~educational service center's salary schedule with years of service~~	7101
~~properly credited pursuant to this section or section 3317.14 of~~	7102
~~the Revised Code. No rule shall be adopted or exercised by any~~	7103
~~board of education or educational service center governing board~~	7104
~~which restricts the placement or the crediting of annual salary~~	7105
~~increments for any teacher according to the appropriate academic~~	7106
~~training level column.~~	7107

~~(C) Minimum salaries exclusive of retirement and sick leave~~	7108
~~for teachers shall be as follows:~~	7109

	~~Teachers~~		~~Teachers with~~	~~Teachers~~	7110
~~Years~~	~~with Less~~	~~Teachers with~~	~~Five Years of~~	~~with~~	7111
of	~~than~~	~~a Bachelor's~~	~~Training, but~~	~~a Master's~~	7112
~~Service~~	~~Bachelor's~~	~~Degree~~	~~no Master's~~	~~Degree or~~	7113
	~~Degree~~		~~Degree~~	~~Higher~~	7114

~~Per~~

~~Dollar~~

~~Per~~

~~Dollar~~

~~Per~~

~~Dollar~~

~~Per~~

~~Dollar~~

7115

Cent*

~~Amount~~

Cent*

~~Amount~~

Cent*

~~Amount~~

Cent*

~~Amount~~

7116

~~86.5~~

~~$17,300~~

~~100.0~~

~~$20,000~~

~~103.8~~

~~$20,760~~

~~109.5~~

~~$21,900~~

7117

~~90.0~~

~~18,000~~

~~103.8~~

~~20,760~~

~~108.1~~

~~21,620~~

~~114.3~~

~~22,860~~

7118

~~93.5~~

~~18,700~~

~~107.6~~

~~21,520~~

~~112.4~~

~~22,480~~

~~119.1~~

~~23,820~~

7119

~~97.0~~

~~19,400~~

~~111.4~~

~~22,280~~

~~116.7~~

~~23,340~~

~~123.9~~

~~24,780~~

7120

~~100.5~~

~~20,100~~

~~115.2~~

~~23,040~~

~~121.0~~

~~24,200~~

~~128.7~~

~~25,740~~

7121

~~104.0~~

~~20,800~~

~~119.0~~

~~23,800~~

~~125.3~~

~~25,060~~

~~133.5~~

~~26,700~~

7122

~~104.0~~

~~20,800~~

~~122.8~~

~~24,560~~

~~129.6~~

~~25,920~~

~~138.3~~

~~27,660~~

7123

~~104.0~~

~~20,800~~

~~126.6~~

~~25,320~~

~~133.9~~

~~26,780~~

~~143.1~~

~~28,620~~

7124

~~104.0~~

~~20,800~~

~~130.4~~

~~26,080~~

~~138.2~~

~~27,640~~

~~147.9~~

~~29,580~~

7125

~~104.0~~

~~20,800~~

~~134.2~~

~~26,840~~

~~142.5~~

~~28,500~~

~~152.7~~

~~30,540~~

7126

~~104.0~~

~~20,800~~

~~138.0~~

~~27,600~~

~~146.8~~

~~29,360~~

~~157.5~~

~~31,500~~

7127

~~104.0~~

~~20,800~~

~~141.8~~

~~28,360~~

~~151.1~~

~~30,220~~

~~162.3~~

~~32,460~~

7128

* Percentages represent the percentage which each salary is	7129
~~of the base amount.~~	7130

~~For purposes of determining the minimum salary at any level~~	7131
~~of training and service, the base of one hundred per cent shall be~~	7132
~~the base amount. The percentages used in this section show the~~	7133
~~relationships between the minimum salaries required by this~~	7134
~~section and the base amount and shall not be construed as~~	7135
~~requiring any school district or educational service center to~~	7136
~~adopt a schedule containing salaries in excess of the amounts set~~	7137
~~forth in this section for corresponding levels of training and~~	7138
~~experience.~~	7139

~~As used in this division:~~

7140

~~(1) "Base amount" means twenty thousand dollars.~~

7141

~~(2) "Five years of training" means at least one hundred fifty~~	7142
~~semester hours, or the equivalent, and a bachelor's degree from a~~	7143
~~recognized college or university.~~	7144

~~(D) For purposes of this section, all credited training shall~~	7145
~~be from a recognized college or university~~based upon performance	7146
as described in this section.	7147

(C) For purposes of this section, a board shall measure a	7148
teacher's performance by considering all of the following:	7149

(1) The level of license issued under section 3319.22 of the	7150
Revised Code that the teacher holds;	7151

(2) Whether the teacher is a "highly qualified teacher" as	7152
defined in section 3319.074 of the Revised Code;	7153

(3) The value-added measure the board uses to determine the	7154
performance of the students assigned to the teacher's classroom;	7155

(4) The results of the teacher's performance evaluations	7156
conducted under section 3319.111 of the Revised Code or any peer	7157
review program created by an agreement entered into by a board of	7158
education and representatives of teachers employed by that board;	7159

(5) Any other criteria established by the board.

7160

Sec. 3319.01. Except in an island school district, where the	7161
superintendent of an educational service center otherwise may	7162
serve as superintendent of the district and except as otherwise	7163
provided for any cooperative education school district pursuant to	7164
division (B)(2) of section 3311.52 or division (B)(3) of section	7165
3311.521 of the Revised Code, the board of education in each	7166
school district and the governing board of each service center	7167
shall, at a regular or special meeting held not later than the	7168
first day of May of the calendar year in which the term of the	7169
superintendent expires, appoint a person possessed of the	7170
qualifications provided in this section to act as superintendent,	7171
for a term not longer than five years beginning the first day of	7172
August and ending on the thirty-first day of July. Such	7173
superintendent is, at the expiration of a current term of	7174
employment, deemed reemployed for a term of one year at the same	7175
salary plus any increments that may be authorized by the board,	7176
unless such board, on or before the first day of March of the year	7177
in which the contract of employment expires, either reemploys the	7178
superintendent for a succeeding term as provided in this section	7179
or gives to the superintendent written notice of its intention not	7180
to reemploy the superintendent. A superintendent may not be	7181
transferred to any other position during the term of the	7182
superintendent's employment or reemployment except by mutual	7183
agreement by the superintendent and the board. If a vacancy occurs	7184
in the office of superintendent, the board shall appoint a	7185
superintendent for a term not to exceed five years from the next	7186
preceding first day of August.	7187

A board may at any regular or special meeting held during the	7188
period beginning on the first day of January of the calendar year	7189
immediately preceding the year the contract of employment of a	7190
superintendent expires and ending on the first day of March of the	7191
year it expires, reemploy such superintendent for a succeeding	7192
term for not longer than five years, beginning on the first day of	7193
August immediately following the expiration of the	7194
superintendent's current term of employment and ending on the	7195
thirty-first day of July of the year in which such succeeding term	7196
expires. No person shall be appointed to the office of	7197
superintendent of a city, or exempted village school district or a	7198
service center who does not hold a license designated for being a	7199
superintendent issued under section 3319.22 of the Revised Code,	7200
unless such person had been employed as a county, city, or	7201
exempted village superintendent prior to August 1, 1939. No person	7202
shall be appointed to the office of local superintendent who does	7203
not hold a license designated for being a superintendent issued	7204
under section 3319.22 of the Revised Code, unless such person held	7205
or was qualified to hold the position of executive head of a local	7206
school district on September 16, 1957. At the time of making such	7207
appointment or designation of term, such board shall fix the	7208
compensation of the superintendent, which may be increased or	7209
decreased during such term, provided such decrease is a part of a	7210
uniform plan affecting salaries of all employees of the district,	7211
and shall execute a written contract of employment with such	7212
superintendent.	7213

Each board shall adopt procedures for the evaluation of its	7214
superintendent and shall evaluate its superintendent in accordance	7215
with those procedures. An evaluation based upon such procedures	7216
shall be considered by the board in deciding whether to renew the	7217
superintendent's contract. The establishment of an evaluation	7218
procedure shall not create an expectancy of continued employment.	7219
Nothing in this section shall prevent a board from making the	7220
final determination regarding the renewal or failure to renew of a	7221
superintendent's contract.	7222

Termination of a superintendent's contract shall be pursuant	7223
to section 3319.16 of the Revised Code.	7224

A board may establish vacation leave for its superintendent	7225
in accordance with the general leave policy the board adopts	7226
pursuant to section 3319.141 of the Revised Code. Upon the	7227
superintendent's separation from employment a board that has such	7228
leave may provide compensation at the superintendent's current	7229
rate of pay for all lawfully accrued and unused vacation leave to	7230
the superintendent's credit at the time of separation, not to	7231
exceed the amount accrued within three years before the date of	7232
separation. In case of the death of a superintendent, such unused	7233
vacation leave as the board would have paid to this superintendent	7234
upon separation shall be paid in accordance with section 2113.04	7235
of the Revised Code, or to the superintendent's estate.	7236

Notwithstanding section 9.481 of the Revised Code, the board	7237
of a city, local, exempted village, or joint vocational school	7238
district may require its superintendent, as a condition of	7239
employment, to reside within the boundaries of the district.	7240

The superintendent shall be the executive officer for the	7241
board. Subject to section 3319.40 of the Revised Code, the	7242
superintendent shall direct and assign teachers and other	7243
employees of the district or service center, except as provided in	7244
division (B) of section 3313.31 and section 3319.04 of the Revised	7245
Code. The superintendent shall assign the pupils to the proper	7246
schools and grades, provided that the assignment of a pupil to a	7247
school outside of the pupil's district of residence is approved by	7248
the board of the district of residence of such pupil. The	7249
superintendent shall perform such other duties as the board	7250
determines.	7251

The board of education of any school district may contract	7252
with the governing board of the educational service center from	7253
which it otherwise receives services to conduct searches and	7254
recruitment of candidates for the superintendent position	7255
authorized under this section.	7256

Sec. 3319.011. If a board of education determines the	7257
superintendent is incapacitated in such a manner that hethe	7258
superintendent is unable to perform the duties of the office of	7259
superintendent, the board may, by a majority vote of the members	7260
of the board, appoint a person to serve in ~~his~~the	7261
superintendent's place pro tempore. Each board of education shall	7262
adopt a written policy establishing standards for determining	7263
whether the superintendent is incapacitated, and shall provide	7264
that during any period in which the superintendent is	7265
incapacitated, hethe superintendent may be placed on sick leave	7266
or on leave of absence and may be returned to active duty status	7267
from sick leave or leave of absence. The board shall award leave	7268
pursuant to this written policy in accordance with the general	7269
leave policy the board adopts pursuant to section 3319.141 of the	7270
Revised Code. The superintendent may request a hearing before the	7271
board on any action taken under this section, and he shall have	7272
the same rights in any such hearing as are granted to a teacher in	7273
a board hearing under section 3319.16 of the Revised Code. The	7274
superintendent pro tempore shall perform all of the duties and	7275
functions of the superintendent and shall serve until the board by	7276
majority vote determines the superintendent's incapacity is	7277
removed or until the expiration of the superintendent's contract	7278
or term of office, whichever is sooner. The superintendent pro	7279
tempore may be removed at any time for cause by a two-thirds vote	7280
of the members of the board. The board shall fix the compensation	7281
of the superintendent pro tempore in accordance with section	7282
3319.01 of the Revised Code.	7283

Sec. 3319.02. (A)(1) As used in this section, "other	7284
administrator" means any of the following:	7285

(a) Except as provided in division (A)(2) of this section,	7286
any employee in a position for which a board of education requires	7287
a license designated by rule of the department of education for	7288
being an administrator issued under section 3319.22 of the Revised	7289
Code, including a professional pupil services employee or	7290
administrative specialist or an equivalent of either one who is	7291
not employed as a school counselor and spends less than fifty per	7292
cent of the time employed teaching or working with students;	7293

(b) Any nonlicensed employee whose job duties enable such	7294
employee to be considered as either a "supervisor" or a	7295
"management level employee," as defined in section 4117.01 of the	7296
Revised Code;	7297

(c) A business manager appointed under section 3319.03 of the	7298
Revised Code.	7299

(2) As used in this section, "other administrator" does not	7300
include a superintendent, assistant superintendent, principal, or	7301
assistant principal.	7302

(B) The board of education of each school district and the	7303
governing board of an educational service center may appoint one	7304
or more assistant superintendents and such other administrators as	7305
are necessary. An assistant educational service center	7306
superintendent or service center supervisor employed on a	7307
part-time basis may also be employed by a local board as a	7308
teacher. The board of each city, exempted village, and local	7309
school district shall employ principals for all high schools and	7310
for such other schools as the board designates, and those boards	7311
may appoint assistant principals for any school that they	7312
designate.	7313

(C) In educational service centers and in city, exempted	7314
village, and local school districts, assistant superintendents,	7315
principals, assistant principals, and other administrators shall	7316
only be employed or reemployed in accordance with nominations of	7317
the superintendent, except that a board of education of a school	7318
district or the governing board of a service center, by a	7319
three-fourths vote of its full membership, may reemploy any	7320
assistant superintendent, principal, assistant principal, or other	7321
administrator whom the superintendent refuses to nominate.	7322

The board of education or governing board shall execute a	7323
written contract of employment with each assistant superintendent,	7324
principal, assistant principal, and other administrator it employs	7325
or reemploys. The term of such contract shall not exceed three	7326
years except that in the case of a person who has been employed as	7327
an assistant superintendent, principal, assistant principal, or	7328
other administrator in the district or center for three years or	7329
more, the term of the contract shall be for not more than five	7330
years and, unless the superintendent of the district recommends	7331
otherwise, not less than two years. If the superintendent so	7332
recommends, the term of the contract of a person who has been	7333
employed by the district or service center as an assistant	7334
superintendent, principal, assistant principal, or other	7335
administrator for three years or more may be one year, but all	7336
subsequent contracts granted such person shall be for a term of	7337
not less than two years and not more than five years. When a	7338
teacher with continuing service status becomes an assistant	7339
superintendent, principal, assistant principal, or other	7340
administrator with the district or service center with which the	7341
teacher holds continuing service status, the teacher retains such	7342
status in the teacher's nonadministrative position as provided in	7343
sections 3319.08 and 3319.09 of the Revised Code.	7344

A board of education or governing board may reemploy an	7345
assistant superintendent, principal, assistant principal, or other	7346
administrator at any regular or special meeting held during the	7347
period beginning on the first day of January of the calendar year	7348
immediately preceding the year of expiration of the employment	7349
contract and ending on the last day of March of the year the	7350
employment contract expires.	7351

Except by mutual agreement of the parties thereto, no	7352
assistant superintendent, principal, assistant principal, or other	7353
administrator shall be transferred during the life of a contract	7354
to a position of lesser responsibility. No contract may be	7355
terminated by a board except pursuant to section 3319.16 of the	7356
Revised Code. No contract may be suspended except pursuant to	7357
section 3319.17 or 3319.171 of the Revised Code. The salaries and	7358
compensation prescribed by such contracts shall not be reduced by	7359
a board unless such reduction is a part of a uniform plan	7360
affecting the entire district or center. The contract shall	7361
specify the employee's administrative position and duties as	7362
included in the job description adopted under division (D) of this	7363
section, the salary and other compensation to be paid for	7364
performance of duties, the number of days to be worked, the number	7365
of days of vacation leave, if any, and any paid holidays in the	7366
contractual year.	7367

An assistant superintendent, principal, assistant principal,	7368
or other administrator is, at the expiration of the current term	7369
of employment, deemed reemployed at the same salary plus any	7370
increments that may be authorized by the board, unless such	7371
employee notifies the board in writing to the contrary on or	7372
before the first day of June, or unless such board, on or before	7373
the last day of March of the year in which the contract of	7374
employment expires, either reemploys such employee for a	7375
succeeding term or gives written notice of its intention not to	7376
reemploy the employee. The term of reemployment of a person	7377
reemployed under this paragraph shall be one year, except that if	7378
such person has been employed by the school district or service	7379
center as an assistant superintendent, principal, assistant	7380
principal, or other administrator for three years or more, the	7381
term of reemployment shall be two years.	7382

(D)(1) Each board shall adopt procedures for the evaluation	7383
of all assistant superintendents, principals, assistant	7384
principals, and other administrators and shall evaluate such	7385
employees in accordance with those procedures. The procedures for	7386
the evaluation of principals shall utilize the framework for	7387
evaluation of principals adopted under division (C) of section	7388
3319.112 of the Revised Code and shall be developed in	7389
consultation with principals employed by the board. An evaluation	7390
based upon ~~such~~ procedures adopted under this division shall be	7391
considered by the board in deciding whether to renew the contract	7392
of employment of an assistant superintendent, principal, assistant	7393
principal, or other administrator. In the case of a principal, the	7394
evaluation also shall be considered in making decisions about	7395
compensation, termination, reductions in force, and professional	7396
development.	7397

(2) The evaluation shall measure each assistant	7398
superintendent's, principal's, assistant principal's, and other	7399
administrator's effectiveness in performing the duties included in	7400
the job description and the evaluation procedures shall provide	7401
for, but not be limited to, the following:	7402

(a) Each assistant superintendent, principal, assistant	7403
principal, and other administrator shall be evaluated annually	7404
through a written evaluation process.	7405

(b) The evaluation shall be conducted by the superintendent	7406
or designee.	7407

(c) In order to provide time to show progress in correcting	7408
the deficiencies identified in the evaluation process, the	7409
evaluation process shall be completed as follows:	7410

(i) In any school year that the employee's contract of	7411
employment is not due to expire, at least one evaluation shall be	7412
completed in that year. A written copy of the evaluation shall be	7413
provided to the employee no later than the end of the employee's	7414
contract year as defined by the employee's annual salary notice.	7415

(ii) In any school year that the employee's contract of	7416
employment is due to expire, at least a preliminary evaluation and	7417
at least a final evaluation shall be completed in that year. A	7418
written copy of the preliminary evaluation shall be provided to	7419
the employee at least sixty days prior to any action by the board	7420
on the employee's contract of employment. The final evaluation	7421
shall indicate the superintendent's intended recommendation to the	7422
board regarding a contract of employment for the employee. A	7423
written copy of the evaluation shall be provided to the employee	7424
at least five days prior to the board's acting to renew or not	7425
renew the contract.	7426

(3) Termination of an assistant superintendent, principal,	7427
assistant principal, or other administrator's contract shall be	7428
pursuant to section 3319.16 of the Revised Code. Suspension of any	7429
such employee shall be pursuant to section 3319.17 or 3319.171 of	7430
the Revised Code.	7431

(4) Before taking action to renew or nonrenew the contract of	7432
an assistant superintendent, principal, assistant principal, or	7433
other administrator under this section and prior to the last day	7434
of March of the year in which such employee's contract expires,	7435
the board shall notify each such employee of the date that the	7436
contract expires and that the employee may request a meeting with	7437
the board. Upon request by such an employee, the board shall grant	7438
the employee a meeting in executive session. In that meeting, the	7439
board shall discuss its reasons for considering renewal or	7440
nonrenewal of the contract. The employee shall be permitted to	7441
have a representative, chosen by the employee, present at the	7442
meeting.	7443

(5) The establishment of an evaluation procedure shall not	7444
create an expectancy of continued employment. Nothing in division	7445
(D) of this section shall prevent a board from making the final	7446
determination regarding the renewal or nonrenewal of the contract	7447
of any assistant superintendent, principal, assistant principal,	7448
or other administrator. However, if a board fails to provide	7449
evaluations pursuant to division (D)(2)(c)(i) or (ii) of this	7450
section, or if the board fails to provide at the request of the	7451
employee a meeting as prescribed in division (D)(4) of this	7452
section, the employee automatically shall be reemployed at the	7453
same salary plus any increments that may be authorized by the	7454
board for a period of one year, except that if the employee has	7455
been employed by the district or service center as an assistant	7456
superintendent, principal, assistant principal, or other	7457
administrator for three years or more, the period of reemployment	7458
shall be for two years.	7459

(E) On nomination of the superintendent of a service center a	7460
governing board may employ supervisors who shall be employed under	7461
written contracts of employment for terms not to exceed five years	7462
each. Such contracts may be terminated by a governing board	7463
pursuant to section 3319.16 of the Revised Code. Any supervisor	7464
employed pursuant to this division may terminate the contract of	7465
employment at the end of any school year after giving the board at	7466
least thirty days' written notice prior to such termination. On	7467
the recommendation of the superintendent the contract or contracts	7468
of any supervisor employed pursuant to this division may be	7469
suspended for the remainder of the term of any such contract	7470
pursuant to section 3319.17 or 3319.171 of the Revised Code.	7471

(F) A board may establish vacation leave for any individuals	7472
employed under this section in accordance with the general leave	7473
policy the board adopts pursuant to section 3319.141 of the	7474
Revised Code. Upon such an individual's separation from	7475
employment, a board that has such leave may compensate such an	7476
individual at the individual's current rate of pay for all	7477
lawfully accrued and unused vacation leave credited at the time of	7478
separation, not to exceed the amount accrued within three years	7479
before the date of separation. In case of the death of an	7480
individual employed under this section, such unused vacation leave	7481
as the board would have paid to the individual upon separation	7482
under this section shall be paid in accordance with section	7483
2113.04 of the Revised Code, or to the estate.	7484

(G) The board of education of any school district may	7485
contract with the governing board of the educational service	7486
center from which it otherwise receives services to conduct	7487
searches and recruitment of candidates for assistant	7488
superintendent, principal, assistant principal, and other	7489
administrator positions authorized under this section.	7490

Sec. 3319.06. (A) The board of education of each city,	7491
exempted village, or local school district may create the position	7492
of internal auditor. Any person employed by the board as an	7493
internal auditor shall hold a valid permit issued under section	7494
4701.10 of the Revised Code to practice as a certified public	7495
accountant or a public accountant.	7496

(B) The board shall execute a written contract of employment	7497
with each internal auditor it employs. The contract shall specify	7498
the internal auditor's duties,; the salary and other compensation	7499
to be paid for performance of those duties,; the number of days to	7500
be worked, the number of days of vacation leave, if any, that the	7501
internal auditor receives under the general leave policy the board	7502
adopts pursuant to section 3319.141 of the Revised Code; and any	7503
paid holidays in the contractual year. The salary and other	7504
compensation prescribed by the contract may be increased by the	7505
board during the term of the contract but shall not be reduced	7506
during that term unless such reduction is part of a uniform plan	7507
affecting employees of the entire district. The term of the	7508
initial contract shall not exceed three years. Any renewal of the	7509
contract shall be for a term of not less than two years and not	7510
more than five years.	7511

The internal auditor shall be directly responsible to the	7512
board for the performance of all duties outlined in the contract.	7513
If the board does not intend to renew the contract upon its	7514
expiration, the board shall provide written notice to the internal	7515
auditor of its intention not to renew the contract not later than	7516
the last day of March of the year in which the contract expires.	7517
If the board does not provide such notice by that date, the	7518
internal auditor shall be deemed reemployed for a term of one year	7519
at the same salary plus any increments that may be authorized by	7520
the board. Termination of an internal auditor's contract shall be	7521
pursuant to section 3319.16 of the Revised Code.	7522

(C) Each board that employs an internal auditor shall adopt	7523
procedures for the evaluation of the internal auditor and shall	7524
evaluate the internal auditor in accordance with those procedures.	7525
The evaluation based upon the procedures shall be considered by	7526
the board in deciding whether to renew the internal auditor's	7527
contract of employment. The establishment of an evaluation	7528
procedure shall not create an expectancy of continued employment.	7529
Nothing in this section shall prevent the board from making the	7530
final determination regarding the renewal or nonrenewal of the	7531
contract of an internal auditor.	7532

Sec. 3319.08. (A) The board of education of each city,	7533
exempted village, local, and joint vocational school district and	7534
the governing board of each educational service center shall enter	7535
into written contracts for the employment and reemployment of all	7536
teachers. Contracts for the employment of teachers shall be of two	7537
types, limited contracts and continuing contracts. The board of	7538
each school district or service center that authorizes	7539
compensation ~~in addition to the base salary stated in the~~	7540
~~teachers' salary schedule~~ for the performance of duties by a	7541
teacher that are in addition to the teacher's regular teaching	7542
duties, shall enter into a supplemental written contract with each	7543
teacher who is to perform additional duties. Such supplemental	7544
written contracts shall be limited contracts. Such written	7545
contracts and supplemental written contracts shall set forth the	7546
teacher's duties and shall specify the salaries and compensation	7547
to be paid for regular teaching duties and additional teaching	7548
duties, respectively, either or both of which may be increased but	7549
not diminished during the term for which the contract is made,	7550
except as provided in section 3319.12 of the Revised Code.	7551

If a board adopts a motion or resolution to employ a teacher	7552
under a limited or continuing contract and the teacher accepts	7553
such employment, the failure of such parties to execute a written	7554
contract shall not void such employment contract.	7555

(B) Teachers must be paid for all time lost when the schools	7556
in which they are employed are closed due to an epidemic or other	7557
public calamity, and for time lost due to illness or otherwise for	7558
not less than five days annually as authorized by regulations	7559
which each board shall adopt.	7560

7561

(1) For a superintendent, a contract for such term as	7562
authorized by section 3319.01 of the Revised Code;	7563

(2) For an assistant superintendent, principal, assistant	7564
principal, or other administrator, a contract for such term as	7565
authorized by section 3319.02 of the Revised Code;	7566

(3) For a classroom teacher, in the case of a contract	7567
entered into prior to the effective date of this amendment, a term	7568
not to exceed five years;	7569

(4) For a classroom teacher, in the case of a contract	7570
entered into on or after the effective date of this amendment, a	7571
term as authorized in division (D) of this section.	7572

(5) For all other teachers, a contract for a term not to	7573
exceed five years.	7574

(D) The term of an initial limited contract for a classroom	7575
teacher described in division (C)(4) of this section shall not	7576
exceed three years. Any subsequent limited contract entered into	7577
with that classroom teacher shall be for a term of not less than	7578
two years and not more than five years.	7579

(E) A continuing contract is a contract that remains in	7580
effect until the teacher resigns, elects to retire, or is retired	7581
pursuant to former section 3307.37 of the Revised Code, or until	7582
it is terminated or suspended and shall be granted only to the	7583
following:	7584

(1) Any teacher holding a professional, permanent, or life	7585
teacher's certificate;	7586

(2) Any teacher who ~~meets~~met the following conditions prior	7587
to the effective date of this amendment:	7588

(a) The teacher was initially issued a teacher's certificate	7589
or educator license prior to January 1, 2011.	7590

(b) The teacher ~~holds~~held a professional educator license	7591
issued under section 3319.22 or 3319.222 or former section 3319.22	7592
of the Revised Code or a senior professional educator license or	7593
lead professional educator license issued under section 3319.22 of	7594
the Revised Code.	7595

(c) The teacher ~~has~~had completed the applicable one of the	7596
following:	7597

(i) If the teacher did not hold a master's degree at the time	7598
of initially receiving a teacher's certificate under former law or	7599
an educator license, thirty semester hours of coursework in the	7600
area of licensure or in an area related to the teaching field	7601
since the initial issuance of such certificate or license, as	7602
specified in rules which the state board of education shall adopt;	7603

(ii) If the teacher held a master's degree at the time of	7604
initially receiving a teacher's certificate under former law or an	7605
educator license, six semester hours of graduate coursework in the	7606
area of licensure or in an area related to the teaching field	7607
since the initial issuance of such certificate or license, as	7608
specified in rules which the state board shall adopt.	7609

~~(3) Any teacher who meets the following conditions:~~

7610

~~(a) The teacher never held a teacher's certificate and was~~	7611
~~initially issued an educator license on or after January 1, 2011.~~	7612

(~~b) The teacher holds a professional educator license, senior~~	7613
~~professional educator license, or lead professional educator~~	7614
~~license issued under section 3319.22 of the Revised Code.~~	7615

~~(c) The teacher has held an educator license for at least~~	7616
~~seven years.~~	7617

~~(d) The teacher has completed the applicable one of the~~	7618
~~following:~~	7619

~~(i) If the teacher did not hold a master's degree at the time~~	7620
~~of initially receiving an educator license, thirty semester hours~~	7621
~~of coursework in the area of licensure or in an area related to~~	7622
~~the teaching field since the initial issuance of that license, as~~	7623
~~specified in rules which the state board shall adopt;~~	7624

~~(ii) If the teacher held a master's degree at the time of~~	7625
~~initially receiving an educator license, six semester hours of~~	7626
~~graduate coursework in the area of licensure or in an area related~~	7627
~~to the teaching field since the initial issuance of that license,~~	7628
~~as specified in rules which the state board shall adopt.~~	7629

~~(E)~~(F) Division ~~(D)~~(E) of this section applies only to	7630
continuing contracts entered into on or after ~~the effective date~~	7631
~~of this amendment~~the effective date of the amendment of this	7632
section by S.B. 5 of the 129th general assembly. Nothing in that	7633
division shall be construed to void or otherwise affect a	7634
continuing contract entered into prior to that date.	7635

Notwithstanding any provision to the contrary in Chapter	7636
4117. of the Revised Code~~, the~~:	7637

(1) The requirements of division ~~(D)~~(E)(3) of this section,	7638
as it existed prior to the effective date of this amendment,	7639
prevail over any conflicting provisions of a collective bargaining	7640
agreement entered into ~~on or after the effective date of this~~	7641
~~amendment~~between October 16, 2009, and that effective date.	7642

(2) The requirements of division (E) of this section, as it	7643
exists on and after the effective date of this amendment, prevail	7644
over any conflicting provisions of a collective bargaining	7645
agreement entered into on or after that effective date.	7646

~~(F)~~(G) Wherever the term "educator license" is used in this	7647
section without reference to a specific type of educator license,	7648
the term does not include an educator license for substitute	7649
teaching issued under section 3319.226 of the Revised Code.	7650

Sec. 3319.084. In all school districts each full-time	7651
nonteaching school employee including full-time hourly-rate and	7652
per diem employees~~, after service of one year with a board of~~	7653
~~education,~~ shall ~~be entitled, during each year thereafter, while~~	7654
~~continuing in the employ of such board of education, to~~receive	7655
vacation leave with full pay ~~for a minimum of two calendar weeks,~~	7656
~~excluding legal holidays. Employees continuing in the employ of~~	7657
~~such board of education for ten or more years of service shall be~~	7658
~~entitled to vacation leave with full pay for a minimum of three~~	7659
~~calendar weeks, excluding legal holidays. Employees continuing in~~	7660
~~the employ of such~~in accordance with the general leave policy the	7661
board of education ~~for twenty or more years of service shall be~~	7662
~~entitled to vacation leave with full pay for a minimum of four~~	7663
~~calendar weeks, excluding legal holidays~~adopts pursuant to	7664
section 3319.141 of the Revised Code.	7665

Upon separation from employment a nonteaching school employee	7666
shall be entitled to compensation at ~~his~~the nonteaching school	7667
employee's current rate of pay for all lawfully accrued and unused	7668
vacation leave to ~~his~~the nonteaching school employee's credit at	7669
the time of separation, not to exceed the vacation leave accrued	7670
to ~~his~~the nonteaching school employee's credit for the two years	7671
immediately preceding ~~his~~ separation and the prorated portion of	7672
~~his~~the nonteaching school employee's earned but unused vacation	7673
leave for the current year. In case of the death of a non-teaching	7674
school employee such accrued and unused vacation leave and	7675
prorated portion for the current year shall be paid in accordance	7676
with section 2113.04 of the Revised Code, or to ~~his~~the	7677
nonteaching school employee's estate.	7678

For the purposes of this section, a full-time employee is a	7679
person who is in service for not less than eleven months in each	7680
calendar year. A board of education may establish vacation leave	7681
for employees who are in service less than eleven months in each	7682
calendar year in accordance with the general leave policy the	7683
board adopts pursuant to section 3319.141 of the Revised Code.	7684

Sec. 3319.085. Any nonteaching school employee who,	7685
subsequent to September 1, 1962, has left, or leaves, the employ	7686
of a board of education for the purpose of entering on extended	7687
active duty in the armed services of the United States or the	7688
auxiliaries thereof, and within eight weeks enters such service	7689
and who has returned, or returns, from such service with an	7690
honorable discharge or certificate of service shall be re-employed	7691
by the board of education of the district in which hethe	7692
nonteaching school employee held such school position, under the	7693
same type of contract as that which hethe nonteaching school	7694
employee last held in such district, if such nonteaching school	7695
employee applies, within ninety days after such discharge, to such	7696
board of education for re-employment. Upon such application, such	7697
nonteaching school employee shall be re-employed at the first of	7698
the next school semester, if such application is made not less	7699
than thirty days prior to the first of such next school semester,	7700
in which case such nonteaching school employee shall be	7701
re-employed the first of the following school semester, unless the	7702
board of education waives the requirement for such thirty-day	7703
period.	7704

For the purposes of seniority ~~and placement on the salary~~	7705
~~schedule~~, years of absence on extended active duty in the armed	7706
services of the United States or the auxiliaries thereof shall not	7707
exceed four, and shall be counted as though school service had	7708
been performed during such time.	7709

The board of education of this district in which such	7710
nonteaching school employee was employed and is re-employed under	7711
this section may suspend the contract of the nonteaching school	7712
employee whose services become unnecessary by reason of the return	7713
of a nonteaching school employee from service in the armed	7714
services or auxiliaries thereof.	7715

Sec. 3319.088. As used in this section, "educational	7716
assistant" means any nonteaching employee in a school district who	7717
directly assists a teacher as defined in section 3319.09 of the	7718
Revised Code, by performing duties for which a license issued	7719
pursuant to sections 3319.22 to 3319.30 of the Revised Code is not	7720
required.	7721

(A) The state board of education shall issue educational aide	7722
permits and educational paraprofessional licenses for educational	7723
assistants and shall adopt rules for the issuance and renewal of	7724
such permits and licenses which shall be consistent with the	7725
provisions of this section. Educational aide permits and	7726
educational paraprofessional licenses may be of several types and	7727
the rules shall prescribe the minimum qualifications of education,	7728
health, and character for the service to be authorized under each	7729
type. The prescribed minimum qualifications may require special	7730
training or educational courses designed to qualify a person to	7731
perform effectively the duties authorized under an educational	7732
aide permit or educational paraprofessional license.	7733

(B)(1) Any application for a permit or license, or a renewal	7734
or duplicate of a permit or license, under this section shall be	7735
accompanied by the payment of a fee in the amount established	7736
under division (A) of section 3319.51 of the Revised Code. Any	7737
fees received under this division shall be paid into the state	7738
treasury to the credit of the state board of education licensure	7739
fund established under division (B) of section 3319.51 of the	7740
Revised Code.	7741

(2) Any person applying for or holding a permit or license	7742
pursuant to this section is subject to sections 3123.41 to 3123.50	7743
of the Revised Code and any applicable rules adopted under section	7744
3123.63 of the Revised Code and sections 3319.31 and 3319.311 of	7745
the Revised Code.	7746

(C) Educational assistants shall at all times while in the	7747
performance of their duties be under the supervision and direction	7748
of a teacher as defined in section 3319.09 of the Revised Code.	7749
Educational assistants may assist a teacher to whom assigned in	7750
the supervision of pupils, in assisting with instructional tasks,	7751
and in the performance of duties which, in the judgment of the	7752
teacher to whom the assistant is assigned, may be performed by a	7753
person not licensed pursuant to sections 3319.22 to 3319.30 of the	7754
Revised Code and for which a teaching license, issued pursuant to	7755
sections 3319.22 to 3319.30 of the Revised Code is not required.	7756
The duties of an educational assistant shall not include the	7757
assignment of grades to pupils. The duties of an educational	7758
assistant need not be performed in the physical presence of the	7759
teacher to whom assigned, but the activity of an educational	7760
assistant shall at all times be under the direction of the teacher	7761
to whom assigned. The assignment of an educational assistant need	7762
not be limited to assisting a single teacher. In the event an	7763
educational assistant is assigned to assist more than one teacher	7764
the assignments shall be clearly delineated and so arranged that	7765
the educational assistant shall never be subject to simultaneous	7766
supervision or direction by more than one teacher.	7767

Educational assistants assigned to supervise children shall,	7768
when the teacher to whom assigned is not physically present,	7769
maintain the degree of control and discipline that would be	7770
maintained by the teacher.	7771

Educational assistants may not be used in place of classroom	7772
teachers or other employees and any payment of compensation by	7773
boards of education to educational assistants for such services is	7774
prohibited. The ratio between the number of licensed teachers and	7775
the pupils in a school district may not be decreased by	7776
utilization of educational assistants and no grouping, or other	7777
organization of pupils, for utilization of educational assistants	7778
shall be established which is inconsistent with sound educational	7779
practices and procedures. A school district may employ up to one	7780
full time equivalent educational assistant for each six full time	7781
equivalent licensed employees of the district. Educational	7782
assistants shall not be counted as licensed employees for purposes	7783
of state support in the school foundation program and no grouping	7784
or regrouping of pupils with educational assistants may be counted	7785
as a class or unit for school foundation program purposes. Neither	7786
special courses required by the regulations of the state board of	7787
education, prescribing minimum qualifications of education for an	7788
educational assistant, nor years of service as an educational	7789
assistant shall be counted in any way toward qualifying for a	7790
teacher license,or for a teacher contract of any type~~, or for~~	7791
~~determining placement on a salary schedule in a school district as~~	7792
~~a teacher~~.	7793

(D) Educational assistants employed by a board of education	7794
shall have all rights, benefits, and legal protection available to	7795
other nonteaching employees in the school district, except that	7796
provisions of Chapter 124. of the Revised Code shall not apply to	7797
any person employed as an educational assistant, and shall be	7798
members of the school employees retirement system. Educational	7799
assistants shall be compensated according to a salary plan adopted	7800
annually by the board.	7801

Except as provided in this section nonteaching employees	7802
shall not serve as educational assistants without first obtaining	7803
an appropriate educational aide permit or educational	7804
paraprofessional license from the state board of education. A	7805
nonteaching employee who is the holder of a valid educational aide	7806
permit or educational paraprofessional license shall neither	7807
render nor be required to render services inconsistent with the	7808
type of services authorized by the permit or license held. No	7809
person shall receive compensation from a board of education for	7810
services rendered as an educational assistant in violation of this	7811
provision.	7812

Nonteaching employees whose functions are solely	7813
secretarial-clerical and who do not perform any other duties as	7814
educational assistants, even though they assist a teacher and work	7815
under the direction of a teacher shall not be required to hold a	7816
permit or license issued pursuant to this section. Students	7817
preparing to become licensed teachers or educational assistants	7818
shall not be required to hold an educational aide permit or	7819
paraprofessional license for such periods of time as such students	7820
are assigned, as part of their training program, to work with a	7821
teacher in a school district. Such students shall not be	7822
compensated for such services.	7823

Following the determination of the assignment and general job	7824
description of an educational assistant and subject to supervision	7825
by the teacher's immediate administrative officer, a teacher to	7826
whom an educational assistant is assigned shall make all final	7827
determinations of the duties to be assigned to such assistant.	7828
Teachers shall not be required to hold a license designated for	7829
being a supervisor or administrator in order to perform the	7830
necessary supervision of educational assistants.	7831

(E) No person who is, or who has been employed as an	7832
educational assistant shall divulge, except to the teacher to whom	7833
assigned, or the administrator of the school in the absence of the	7834
teacher to whom assigned, or when required to testify in a court	7835
or proceedings, any personal information concerning any pupil in	7836
the school district which was obtained or obtainable by the	7837
educational assistant while so employed. Violation of this	7838
provision is grounds for disciplinary action or dismissal, or	7839
both.	7840

Sec. 3319.09. As used in sections 3319.08 to 3319.18,	7841
inclusive, of the Revised Code:	7842

(A) "Teacher" means all persons licensed to teach and who are	7843
employed in the public schools of this state as instructors,	7844
principals, supervisors, superintendents, or in any other	7845
educational position for which the state board of education	7846
requires licensure under sections 3319.22 to 3319.31 of the	7847
Revised Code including persons having a license issued pursuant to	7848
sections 3319.22 to 3319.31 of the Revised Code and employed in an	7849
educational position, as determined by the state board of	7850
education, under programs provided for by federal acts or	7851
regulations and financed in whole or in part from federal funds,	7852
but for which no licensure requirements for the position can be	7853
made under the provisions of such federal acts or regulations.	7854

(B) "Year" as applied to term of service means actual service	7855
of not less than one hundred twenty days within a school year;	7856
provided that any board of education may grant a leave of absence	7857
for professional advancement with full credit for service in	7858
accordance with the general leave policy the board adopts pursuant	7859
to section 3319.141 of the Revised Code, if applicable.	7860

(C) "Continuing service status" for a teacher means	7861
employment under a continuing contract.	7862

Sec. 3319.10. Teachers may be employed as substitute	7863
teachers for terms not to exceed one year for assignment as	7864
services are needed to take the place of regular teachers absent	7865
on account of illness or on leaves of absence or to fill	7866
temporarily positions created by emergencies; such assignment to	7867
be subject to termination when such services no longer are needed.	7868

A teacher employed as a substitute with an assignment to one	7869
specific teaching position shall after sixty days of service be	7870
granted sick leave, visiting days, and other local privileges	7871
granted to regular teachers including a salary ~~not less than the~~	7872
~~minimum salary on the current adopted salary schedule~~based upon	7873
performance as described in section 3317.13 of the Revised Code	7874
and in accordance with the general leave policy the board of	7875
education or governing board of an educational service center that	7876
employs the teacher adopts pursuant to section 3319.141 of the	7877
Revised Code.	7878

A teacher employed as a substitute for one hundred twenty	7879
days or more during a school year and re-employed for or assigned	7880
to a specific teaching position for the succeeding year shall	7881
receive a contract as a regular teacher if the substitute meets	7882
the local educational requirements for the employment of regular	7883
teachers.	7884

Teachers employed as substitutes on a casual or day-to-day	7885
basis shall not be entitled to the notice of nonre-employment	7886
prescribed in section 3319.11 of the Revised Code, but boards of	7887
education may grant such teachers sick leave and other local	7888
privileges in accordance with the general leave policy the board	7889
adopts pursuant to section 3319.141 of the Revised Code and	7890
cumulate such service in determining seniority.	7891

For purposes of determining in any school year the days of	7892
service of a substitute teacher under this section, any teacher's	7893
days of service in that school year while conditionally employed	7894
as a substitute teacher under section 3319.101 of the Revised Code	7895
shall count as days of service as a substitute teacher under this	7896
section.	7897

Sec. 3319.11. (A) As used in this section:

7898

(1) "Evaluation procedures" means the procedures required by	7899
the policy adopted pursuant to division ~~(B)~~(A) of section 3319.111	7900
of the Revised Code.	7901

(2) "Limited contract" means a limited contract, as described	7902
in section 3319.08 of the Revised Code, that a school district	7903
board of education or governing board of an educational service	7904
center enters into with a teacher who is not eligible for	7905
continuing service status.	7906

(3) "Extended limited contract" means a limited contract, as	7907
described in section 3319.08 of the Revised Code, that a board of	7908
education or governing board enters into with a teacher who is	7909
eligible for continuing service status.	7910

(B) Teachers eligible for continuing service status in any	7911
city, exempted village, local, or joint vocational school district	7912
or educational service center shall be those teachers qualified as	7913
described in division ~~(D)~~(E) of section 3319.08 of the Revised	7914
Code, who within the ~~last~~ five years prior to the effective date	7915
of this amendment have taught for at least three years in the	7916
district or center, and those teachers who, having attained	7917
continuing contract status elsewhere, have served two years in the	7918
district or center, but the board, upon the recommendation of the	7919
superintendent, may at the time of employment or at any time	7920
within such two-year period, declare any of the latter teachers	7921
eligible. Notwithstanding any provision to the contrary in Chapter	7922
4117. of the Revised Code, the requirements of this paragraph	7923
prevail over any conflicting provisions of a collective bargaining	7924
agreement entered into on or after the effective date of this	7925
amendment.	7926

(1) Upon the recommendation of the superintendent that a	7927
teacher eligible for continuing service status be reemployed, a	7928
continuing contract shall be entered into between the board and	7929
the teacher unless the board by a three-fourths vote of its full	7930
membership rejects the recommendation of the superintendent. If	7931
the board rejects by a three-fourths vote of its full membership	7932
the recommendation of the superintendent that a teacher eligible	7933
for continuing service status be reemployed and the superintendent	7934
makes no recommendation to the board pursuant to division (C) of	7935
this section, the board may declare its intention not to reemploy	7936
the teacher by giving the teacher written notice on or before the	7937
thirtieth day of April of its intention not to reemploy the	7938
teacher. If evaluation procedures have not been complied with	7939
pursuant to ~~division (A) of~~ section 3319.111 of the Revised Code	7940
or the board does not give the teacher written notice on or before	7941
the thirtieth day of April of its intention not to reemploy the	7942
teacher, the teacher is deemed reemployed under an extended	7943
limited contract for a term not to exceed one year at the same	7944
salary ~~plus any increment provided by the salary schedule~~. The	7945
teacher is presumed to have accepted employment under the extended	7946
limited contract for a term not to exceed one year unless such	7947
teacher notifies the board in writing to the contrary on or before	7948
the first day of June, and an extended limited contract for a term	7949
not to exceed one year shall be executed accordingly. Upon any	7950
subsequent reemployment of the teacher only a continuing contract	7951
may be entered into.	7952

(2) If the superintendent recommends that a teacher eligible	7953
for continuing service status not be reemployed, the board may	7954
declare its intention not to reemploy the teacher by giving the	7955
teacher written notice on or before the thirtieth day of April of	7956
its intention not to reemploy the teacher. If evaluation	7957
procedures have not been complied with pursuant to ~~division (A) of~~	7958
section 3319.111 of the Revised Code or the board does not give	7959
the teacher written notice on or before the thirtieth day of April	7960
of its intention not to reemploy the teacher, the teacher is	7961
deemed reemployed under an extended limited contract for a term	7962
not to exceed one year at the same salary ~~plus any increment~~	7963
~~provided by the salary schedule~~. The teacher is presumed to have	7964
accepted employment under the extended limited contract for a term	7965
not to exceed one year unless such teacher notifies the board in	7966
writing to the contrary on or before the first day of June, and an	7967
extended limited contract for a term not to exceed one year shall	7968
be executed accordingly. Upon any subsequent reemployment of a	7969
teacher only a continuing contract may be entered into.	7970

(3) Any teacher receiving written notice of the intention of	7971
a board not to reemploy such teacher pursuant to this division is	7972
entitled to the hearing provisions of division (G) of this	7973
section.	7974

(C)(1) If a board rejects the recommendation of the	7975
superintendent for reemployment of a teacher pursuant to division	7976
(B)(1) of this section, the superintendent may recommend	7977
reemployment of the teacher, if continuing service status has not	7978
previously been attained elsewhere, under an extended limited	7979
contract for a term not to exceed two years, provided that written	7980
notice of the superintendent's intention to make such	7981
recommendation has been given to the teacher with reasons directed	7982
at the professional improvement of the teacher on or before the	7983
thirtieth day of April. Upon subsequent reemployment of the	7984
teacher only a continuing contract may be entered into.	7985

(2) If a board of education takes affirmative action on a	7986
superintendent's recommendation, made pursuant to division (C)(1)	7987
of this section, of an extended limited contract for a term not to	7988
exceed two years but the board does not give the teacher written	7989
notice of its affirmative action on the superintendent's	7990
recommendation of an extended limited contract on or before the	7991
thirtieth day of April, the teacher is deemed reemployed under a	7992
continuing contract at the same salary ~~plus any increment provided~~	7993
~~by the salary schedule~~. The teacher is presumed to have accepted	7994
employment under such continuing contract unless such teacher	7995
notifies the board in writing to the contrary on or before the	7996
first day of June, and a continuing contract shall be executed	7997
accordingly.	7998

(3) A board shall not reject a superintendent's	7999
recommendation, made pursuant to division (C)(1) of this section,	8000
of an extended limited contract for a term not to exceed two years	8001
except by a three-fourths vote of its full membership. If a board	8002
rejects by a three-fourths vote of its full membership the	8003
recommendation of the superintendent of an extended limited	8004
contract for a term not to exceed two years, the board may declare	8005
its intention not to reemploy the teacher by giving the teacher	8006
written notice on or before the thirtieth day of April of its	8007
intention not to reemploy the teacher. If evaluation procedures	8008
have not been complied with pursuant to ~~division (A) of~~ section	8009
3319.111 of the Revised Code or if the board does not give the	8010
teacher written notice on or before the thirtieth day of April of	8011
its intention not to reemploy the teacher, the teacher is deemed	8012
reemployed under an extended limited contract for a term not to	8013
exceed one year at the same salary ~~plus any increment provided by~~	8014
~~the salary schedule~~. The teacher is presumed to have accepted	8015
employment under the extended limited contract for a term not to	8016
exceed one year unless such teacher notifies the board in writing	8017
to the contrary on or before the first day of June, and an	8018
extended limited contract for a term not to exceed one year shall	8019
be executed accordingly. Upon any subsequent reemployment of the	8020
teacher only a continuing contract may be entered into.	8021

Any teacher receiving written notice of the intention of a	8022
board not to reemploy such teacher pursuant to this division is	8023
entitled to the hearing provisions of division (G) of this	8024
section.	8025

(D) A teacher eligible for continuing contract status	8026
employed under an extended limited contract pursuant to division	8027
(B) or (C) of this section, is, at the expiration of such extended	8028
limited contract, deemed reemployed under a continuing contract at	8029
the same salary ~~plus any increment granted by the salary schedule~~,	8030
unless evaluation procedures have been complied with pursuant to	8031
~~division (A) of~~ section 3319.111 of the Revised Code and the	8032
employing board, acting on the superintendent's recommendation	8033
that the teacher not be reemployed, gives the teacher written	8034
notice on or before the thirtieth day of April of its intention	8035
not to reemploy such teacher. A teacher who does not have	8036
evaluation procedures applied in compliance with ~~division (A) of~~	8037
section 3319.111 of the Revised Code or who does not receive	8038
notice on or before the thirtieth day of April of the intention of	8039
the board not to reemploy such teacher is presumed to have	8040
accepted employment under a continuing contract unless such	8041
teacher notifies the board in writing to the contrary on or before	8042
the first day of June, and a continuing contract shall be executed	8043
accordingly.	8044

Any teacher receiving a written notice of the intention of a	8045
board not to reemploy such teacher pursuant to this division is	8046
entitled to the hearing provisions of division (G) of this	8047
section.	8048

(E) AThe board shall enter into a limited contract ~~may be~~	8049
~~entered into by each board with each teacher who has not been in~~	8050
~~the employ of the board for at least three years and shall be~~	8051
~~entered into, regardless of length of previous employment,~~ with	8052
each teacher employed by the board who is not eligible to be	8053
considered for a continuing contract.	8054

Any teacher employed under a limited contract, and not	8055
eligible to be considered for a continuing contract, is, at the	8056
expiration of such limited contract, considered reemployed under	8057
the provisions of this division at the same salary ~~plus any~~	8058
~~increment provided by the salary schedule~~ unless evaluation	8059
procedures have been complied with pursuant to ~~division (A) of~~	8060
section 3319.111 of the Revised Code and the employing board,	8061
acting upon the superintendent's written recommendation that the	8062
teacher not be reemployed, gives such teacher written notice of	8063
its intention not to reemploy such teacher on or before the	8064
thirtieth day of April. A teacher who does not have evaluation	8065
procedures applied in compliance with ~~division (A) of~~ section	8066
3319.111 of the Revised Code or who does not receive notice of the	8067
intention of the board not to reemploy such teacher on or before	8068
the thirtieth day of April is presumed to have accepted such	8069
employment unless such teacher notifies the board in writing to	8070
the contrary on or before the first day of June, and a written	8071
contract for the succeeding school year shall be executed	8072
accordingly.	8073

Any teacher receiving a written notice of the intention of a	8074
board not to reemploy such teacher pursuant to this division is	8075
entitled to the hearing provisions of division (G) of this	8076
section.	8077

(F) The failure of a superintendent to make a recommendation	8078
to the board under any of the conditions set forth in divisions	8079
(B) to (E) of this section, or the failure of the board to give	8080
such teacher a written notice pursuant to divisions (C) to (E) of	8081
this section shall not prejudice or prevent a teacher from being	8082
deemed reemployed under either a limited or continuing contract as	8083
the case may be under the provisions of this section. A failure of	8084
the parties to execute a written contract shall not void any	8085
automatic reemployment provisions of this section.	8086

(G)(1) Any teacher receiving written notice of the intention	8087
of a board of education not to reemploy such teacher pursuant to	8088
division (B), (C)(3), (D), or (E) of this section may, within ten	8089
days of the date of receipt of the notice, file with the treasurer	8090
of the board a written demand for a written statement describing	8091
the circumstances that led to the board's intention not to	8092
reemploy the teacher.	8093

(2) The treasurer of a board, on behalf of the board, shall,	8094
within ten days of the date of receipt of a written demand for a	8095
written statement pursuant to division (G)(1) of this section,	8096
provide to the teacher a written statement describing the	8097
circumstances that led to the board's intention not to reemploy	8098
the teacher.	8099

(3) Any teacher receiving a written statement describing the	8100
circumstances that led to the board's intention not to reemploy	8101
the teacher pursuant to division (G)(2) of this section may,	8102
within five days of the date of receipt of the statement, file	8103
with the treasurer of the board a written demand for a hearing	8104
before the board pursuant to divisions (G)(4) to (6) of this	8105
section.	8106

(4) The treasurer of a board, on behalf of the board, shall,	8107
within ten days of the date of receipt of a written demand for a	8108
hearing pursuant to division (G)(3) of this section, provide to	8109
the teacher a written notice setting forth the time, date, and	8110
place of the hearing. The board shall schedule and conclude the	8111
hearing within forty days of the date on which the treasurer of	8112
the board receives a written demand for a hearing pursuant to	8113
division (G)(3) of this section.	8114

(5) Any hearing conducted pursuant to this division shall be	8115
conducted by a majority of the members of the board. The hearing	8116
shall be held in executive session of the board unless the board	8117
and the teacher agree to hold the hearing in public. The	8118
superintendent, assistant superintendent, the teacher, and any	8119
person designated by either party to take a record of the hearing	8120
may be present at the hearing. The board may be represented by	8121
counsel and the teacher may be represented by counsel or a	8122
designee. A record of the hearing may be taken by either party at	8123
the expense of the party taking the record.	8124

(6) Within ten days of the conclusion of a hearing conducted	8125
pursuant to this division, the board shall issue to the teacher a	8126
written decision containing an order affirming the intention of	8127
the board not to reemploy the teacher reported in the notice given	8128
to the teacher pursuant to division (B), (C)(3), (D), or (E) of	8129
this section or an order vacating the intention not to reemploy	8130
and expunging any record of the intention, notice of the	8131
intention, and the hearing conducted pursuant to this division.	8132

(7) A teacher may appeal an order affirming the intention of	8133
the board not to reemploy the teacher to the court of common pleas	8134
of the county in which the largest portion of the territory of the	8135
school district or service center is located, within thirty days	8136
of the date on which the teacher receives the written decision, on	8137
the grounds that the board has not complied with this section or	8138
section 3319.111 of the Revised Code.	8139

Notwithstanding section 2506.04 of the Revised Code, the	8140
court in an appeal under this division is limited to the	8141
determination of procedural errors and to ordering the correction	8142
of procedural errors and shall have no jurisdiction to order a	8143
board to reemploy a teacher, except that the court may order a	8144
board to reemploy a teacher in compliance with the requirements of	8145
division (B), (C)(3), (D), or (E) of this section when the court	8146
determines that evaluation procedures have not been complied with	8147
pursuant to ~~division (A) of~~ section 3319.111 of the Revised Code	8148
or the board has not given the teacher written notice on or before	8149
the thirtieth day of April of its intention not to reemploy the	8150
teacher pursuant to division (B), (C)(3), (D), or (E) of this	8151
section. Otherwise, the determination whether to reemploy or not	8152
reemploy a teacher is solely a board's determination and not a	8153
proper subject of judicial review and, except as provided in this	8154
division, no decision of a board whether to reemploy or not	8155
reemploy a teacher shall be invalidated by the court on any basis,	8156
including that the decision was not warranted by the results of	8157
any evaluation or was not warranted by any statement given	8158
pursuant to division (G)(2) of this section.	8159

No appeal of an order of a board may be made except as	8160
specified in this division.	8161

(H)(1) In giving a teacher any notice required by division	8162
(B), (C), (D), or (E) of this section, the board or the	8163
superintendent shall do either of the following:	8164

(a) Deliver the notice by personal service upon the teacher;

8165

(b) Deliver the notice by certified mail, return receipt	8166
requested, addressed to the teacher at the teacher's place of	8167
employment and deliver a copy of the notice by certified mail,	8168
return receipt requested, addressed to the teacher at the	8169
teacher's place of residence.	8170

(2) In giving a board any notice required by division (B),	8171
(C), (D), or (E) of this section, the teacher shall do either of	8172
the following:	8173

(a) Deliver the notice by personal delivery to the office of	8174
the superintendent during regular business hours;	8175

(b) Deliver the notice by certified mail, return receipt	8176
requested, addressed to the office of the superintendent and	8177
deliver a copy of the notice by certified mail, return receipt	8178
requested, addressed to the president of the board at the	8179
president's place of residence.	8180

(3) When any notice and copy of the notice are mailed	8181
pursuant to division (H)(1)(b) or (2)(b) of this section, the	8182
notice or copy of the notice with the earlier date of receipt	8183
shall constitute the notice for the purposes of division (B), (C),	8184
(D), or (E) of this section.	8185

(I) The provisions of this section shall not apply to any	8186
supplemental written contracts entered into pursuant to section	8187
3319.08 of the Revised Code.	8188

Sec. 3319.111. (A) ~~Any~~Not later than July 1, 2013, the	8189
board of education ~~that~~of each school district, in consultation	8190
with teachers employed by the board, shall adopt a policy for the	8191
evaluation of teachers that complies with this section. The policy	8192
shall utilize the framework for evaluation of teachers adopted	8193
under division (C) of section 3319.112 of the Revised Code and	8194
shall specify the relative weight of each factor described in	8195
divisions (A)(1) to (3) of that section in the overall evaluation	8196
and how each of those factors will be assessed. The policy may	8197
require evaluations to include consideration of additional aspects	8198
of teacher performance designated by the board. The policy shall	8199
establish a teacher evaluation system that does the following:	8200

(1) Is evidence-based and uses multiple measures of a	8201
teacher's use of knowledge and skills and of students' academic	8202
progress;	8203

(2) Is aligned with the standards for teachers adopted under	8204
section 3319.61 of the Revised Code;	8205

(3) Provides statements of expectation for professional	8206
performance and establishes specific criteria of expected job	8207
performance in the areas of responsibility assigned to the	8208
teacher;	8209

(4) Requires observation of the teacher being evaluated by	8210
the person conducting the evaluation on at least two occasions for	8211
not less than thirty minutes on each occasion;	8212

(5) Requires that each teacher be provided with a written	8213
report of the results of the teacher's evaluation that includes	8214
specific recommendations for any improvements needed in the	8215
teacher's performance, suggestions for professional development	8216
that will enhance future performance in areas that do not meet	8217
expected performance levels, and information on how to obtain	8218
assistance in making needed improvements.	8219

(B)(1) The board shall conduct an evaluation of each teacher	8220
employed by the board at least once each school year, unless	8221
division (B)(2) of this section applies. The evaluation shall be	8222
completed by the first day of April and the teacher shall receive	8223
a written report of the results of the evaluation by the tenth day	8224
of April.	8225

(2) If the board has entered into ~~any~~a limited contract or	8226
extended limited contract with athe teacher pursuant to section	8227
3319.11 of the Revised Code, the board shall evaluate ~~such a~~the	8228
teacher ~~in compliance with the requirements of this section~~at	8229
least twice in any school year in which the board may wish to	8230
declare its intention not to re-employ the teacher pursuant to	8231
division (B), (C)(3), (D), or (E) of that section ~~3319.11 of the~~	8232
~~Revised Code.~~	8233

~~This evaluation shall be conducted at least twice in the~~	8234
~~school year in which the board may wish to declare its intention~~	8235
~~not to re-employ the teacher~~. One evaluation shall be conducted	8236
and completed not later than the fifteenth day of January and the	8237
teacher being evaluated shall receive a written report of the	8238
results of this evaluation not later than the twenty-fifth day of	8239
January. One evaluation shall be conducted and completed between	8240
the tenth day of February and the first day of April and the	8241
teacher being evaluated shall receive a written report of the	8242
results of this evaluation not later than the tenth day of April.	8243

~~Any~~(C) Each evaluation conducted pursuant to this section	8244
shall be conducted by one or more of the following:	8245

(1) A person who is under contract with athe board of	8246
~~education~~ pursuant to section 3319.01 or 3319.02 of the Revised	8247
Code and holds a license designated for being a superintendent,	8248
assistant superintendent, or principal issued under section	8249
3319.22 of the Revised Code;	8250

(2) A person who is under contract with athe board of	8251
~~education~~ pursuant to section 3319.02 of the Revised Code and	8252
holds a license designated for being a vocational director or a	8253
supervisor in any educational area issued under section 3319.22 of	8254
the Revised Code;	8255

(3) A person designated to conduct evaluations under an	8256
agreement providing for peer review entered into by athe board of	8257
~~education~~ and representatives of teachers employed by ~~that~~the	8258
board.	8259

~~(B) Any board of education evaluating a teacher pursuant to~~	8260
~~this section shall adopt evaluation procedures that shall be~~	8261
~~applied each time a teacher is evaluated pursuant to this section.~~	8262
~~These evaluation procedures shall include, but not be limited to:~~	8263

~~(1) Criteria of expected job performance in the areas of~~	8264
~~responsibility assigned to the teacher being evaluated;~~	8265

~~(2) Observation of the teacher being evaluated by the person~~	8266
~~conducting the evaluation on at least two occasions for not less~~	8267
~~than thirty minutes on each occasion;~~	8268

~~(3) A written report of the results of the evaluation that~~	8269
~~includes specific recommendations regarding any improvements~~	8270
~~needed in the performance of the teacher being evaluated and~~	8271
~~regarding the means by which the teacher may obtain assistance in~~	8272
~~making such improvements.~~	8273

~~(C)~~(D) The board shall use the evaluations conducted under	8274
this section to inform decisions about compensation, nonrenewal of	8275
employment contracts, termination, reductions in force, and	8276
professional development.	8277

(E) The board, its members, and any person conducting an	8278
evaluation on behalf of the board in good faith and in accordance	8279
with this section shall be immune from any civil liability that	8280
otherwise might be incurred or imposed for injury, death, or loss	8281
to person or property as a result of conducting the evaluation.	8282

(F) Notwithstanding any provision to the contrary in Chapter	8283
4117. of the Revised Code, the requirements of this section	8284
prevail over any conflicting provisions of a collective bargaining	8285
agreement entered into on or after the effective date of this	8286
section.	8287

(G) This section does not apply to ~~teachers~~superintendents	8288
and administrators subject to evaluation procedures under sections	8289
3319.01 and 3319.02 of the Revised Code or to any teacher employed	8290
as a substitute for less than one hundred twenty days during a	8291
school year pursuant to section 3319.10 of the Revised Code.	8292

Sec. 3319.112. (A) Not later than April 30, 2012, the	8293
superintendent of public instruction shall develop and submit to	8294
the state board of education recommendations for a framework for	8295
the evaluation of teachers. The framework shall require at least	8296
fifty per cent of each evaluation to be based on measures of	8297
student academic growth specified by the department of education.	8298
When applicable to a teacher, those measures shall include student	8299
performance on the assessments prescribed under sections 3301.0710	8300
and 3301.0712 of the Revised Code and the value-added progress	8301
dimension prescribed by section 3302.021 of the Revised Code.	8302

The framework shall require each evaluation to consider the	8303
following additional factors, but it shall not designate the	8304
weight of any factor or prescribe a specific method of assessing	8305
any factor:	8306

(1) Quality of instructional practice, which may be	8307
determined by announced and unannounced classroom observations and	8308
examinations of samples of work, such as lesson plans or	8309
assessments designed by the teacher;	8310

(2) Communication and professionalism, including how well the	8311
teacher interacts with students, parents, other school employees,	8312
and members of the community;	8313

(3) Parent and student satisfaction, which may be measured by	8314
surveys, questionnaires, or other forms of soliciting feedback.	8315

(B) Not later than April 30, 2012, the superintendent of	8316
public instruction shall develop and submit to the state board	8317
recommendations for a framework for the evaluation of principals.	8318
The framework shall require at least fifty per cent of each	8319
evaluation to be based on measures of student academic growth	8320
specified by the department. When applicable to the grade levels	8321
served by a principal's building, those measures shall include	8322
student performance on the assessments prescribed under sections	8323
3301.0710 and 3301.0712 of the Revised Code and the value-added	8324
progress dimension prescribed by section 3302.021 of the Revised	8325
Code. The framework for the evaluation of principals shall be	8326
based on principles comparable to the framework for the evaluation	8327
of teachers developed under division (A) of this section, but	8328
shall be tailored to the duties and responsibilities of principals	8329
and the environment in which principals work.	8330

(C) The state board shall review the recommendations	8331
submitted under divisions (A) and (B) of this section at the	8332
board's next regular meeting after the recommendations are	8333
submitted to the board. At that meeting, the state board shall	8334
vote either to adopt the recommended frameworks for evaluations or	8335
to request that the superintendent of public instruction	8336
reconsider the recommendations. The state board shall articulate	8337
reasons for requesting reconsideration of the recommendations, but	8338
shall not direct the content of the recommendations. The state	8339
superintendent shall reconsider the recommendations if the state	8340
board so requests, may revise the recommendations, and shall	8341
resubmit the recommendations, whether revised or not, to the board	8342
not later than two weeks prior to the board's next regular meeting	8343
after the meeting at which the board requested reconsideration of	8344
the recommendations. The state board shall review the	8345
recommendations as resubmitted at the board's next regular meeting	8346
after the meeting at which the board requested reconsideration of	8347
the recommendations and shall adopt the recommended frameworks for	8348
evaluations as resubmitted or, if the resubmitted frameworks have	8349
not addressed the board's concerns, the board shall modify the	8350
frameworks prior to adopting them. The state board shall adopt the	8351
recommended or modified frameworks not later than July 1, 2012.	8352

(D) To assist school districts in developing evaluation	8353
policies under sections 3319.02 and 3319.111 of the Revised Code,	8354
the department shall do both of the following:	8355

(1) Serve as a clearinghouse of promising evaluation	8356
procedures and evaluation models that districts may use;	8357

(2) Provide technical assistance to districts in creating	8358
evaluation policies.	8359

Sec. 3319.13. Upon the written request of a teacher or a	8360
regular nonteaching school employee, a board of education may	8361
grant a leave of absence ~~for a period of not more than two~~	8362
~~consecutive school years~~in accordance with the general leave	8363
policy the board adopts pursuant to section 3319.141 of the	8364
Revised Code for educational, professional, or other purposes, and	8365
shall grant such leave in accordance with the board's general	8366
leave policy where illness or other disability is the reason for	8367
the request. Upon subsequent request, such leave may be renewed by	8368
the board in accordance with the board's general leave policy.	8369
Without request, a board may grant similar leave of absence and	8370
renewals thereof in accordance with the board's general leave	8371
policy to any teacher or regular nonteaching school employee	8372
because of physical or mental disability, but such teacher may	8373
have a hearing on such unrequested leave of absence or its	8374
renewals in accordance with section 3319.16 of the Revised Code,	8375
and such nonteaching school employee may have a hearing on such	8376
unrequested leave of absence or its renewals in accordance with	8377
division (C) of section 3319.081 of the Revised Code. Upon the	8378
return to service of a teacher or a nonteaching school employee at	8379
the expiration of a leave of absence, the teacher or nonteaching	8380
school employee shall resume the contract status that the teacher	8381
or nonteaching school employee held prior to the leave of absence.	8382
Any teacher who leaves a teaching position for service in the	8383
uniformed services and who returns from service in the uniformed	8384
services that is terminated in a manner other than as described in	8385
section 4304 of Title 38 of the United States Code, "Uniformed	8386
Services Employment and Reemployment Rights Act of 1994," 108	8387
Stat. 3149, 38 U.S.C.A. 4304, shall resume the contract status	8388
held prior to entering the uniformed services, subject to passing	8389
a physical examination by an individual authorized by the Revised	8390
Code to conduct physical examinations, including a physician	8391
assistant, a clinical nurse specialist, a certified nurse	8392
practitioner, or a certified nurse-midwife. Any written	8393
documentation of the physical examination shall be completed by	8394
the individual who conducted the examination. Such contract status	8395
shall be resumed at the first of the school semester or the	8396
beginning of the school year following return from the uniformed	8397
services. For purposes of this section and section 3319.14 of the	8398
Revised Code, "uniformed services" and "service in the uniformed	8399
services" have the same meanings as defined in section 5923.05 of	8400
the Revised Code.	8401

Upon the return of a nonteaching school employee from a leave	8402
of absence, the board may terminate the employment of a person	8403
hired exclusively for the purpose of replacing the returning	8404
employee while the returning employee was on leave. If, after the	8405
return of a nonteaching employee from leave, the person employed	8406
exclusively for the purpose of replacing an employee while the	8407
employee was on leave is continued in employment as a regular	8408
nonteaching school employee or if the person is hired by the board	8409
as a regular nonteaching school employee within a year after	8410
employment as a replacement is terminated, the person shall, for	8411
purposes of section 3319.081 of the Revised Code, receive credit	8412
for the person's length of service with the school district during	8413
such replacement period in the following manner:	8414

(A) If employed as a replacement for less than twelve months,	8415
the person shall be employed under a contract valid for a period	8416
equal to twelve months less the number of months employed as a	8417
replacement. At the end of such contract period, if the person is	8418
reemployed it shall be under a two-year contract. Subsequent	8419
reemployment shall be pursuant to division (B) of section 3319.081	8420
of the Revised Code.	8421

(B) If employed as a replacement for twelve months or more	8422
but less than twenty-four months, the person shall be employed	8423
under a contract valid for a period equal to twenty-four months	8424
less the number of months employed as a replacement. Subsequent	8425
reemployment shall be pursuant to division (B) of section 3319.081	8426
of the Revised Code.	8427

(C) If employed as a replacement for more than twenty-four	8428
months, the person shall be employed pursuant to division (B) of	8429
section 3319.081 of the Revised Code.	8430

For purposes of this section, employment during any part of a	8431
month shall count as employment during the entire month.	8432

Sec. 3319.14. Any teacher who has left, or leaves, a	8433
teaching position, by resignation or otherwise, and within forty	8434
school days thereafter entered, or enters, the uniformed services	8435
and whose service is terminated in a manner other than as	8436
described in section 4304 of Title 38 of the United States Code,	8437
"Uniformed Services Employment and Reemployment Rights Act of	8438
1994," 108 Stat. 3149, 38 U.S.C.A. 4304, shall be reemployed by	8439
the board of education of the district in which the teacher held	8440
such teaching position, under the same type of contract as that	8441
which the teacher last held in such district, if the teacher	8442
applies to the board of education for reemployment in accordance	8443
with the "Uniformed Services Employment and Reemployment Rights	8444
Act of 1994," 108 Stat. 3149, 38 U.S.C.A. 4312. Upon such	8445
application, the teacher shall be reemployed at the first of the	8446
next school semester, if the application is made not less than	8447
thirty days prior to the first of the next school semester, in	8448
which case the teacher shall be reemployed the first of the	8449
following school semester, unless the board of education waives	8450
the requirement for the thirty-day period.	8451

For the ~~purposes~~purpose of seniority ~~and placement on the~~	8452
~~salary schedule~~, years of absence performing service in the	8453
uniformed services shall be counted as though teaching service had	8454
been performed during such time.	8455

The board of education of the district in which such teacher	8456
was employed and is reemployed under this section may suspend the	8457
contract of the teacher whose services become unnecessary by	8458
reason of the return of a teacher from service in the uniformed	8459
services in accordance with section 3319.17 or 3319.171 of the	8460
Revised Code.	8461

Sec. 3319.141. ~~Each person who is employed by any~~(A) The	8462
board of education ~~in this state~~of each city, exempted village,	8463
local, and joint vocational school district and the governing	8464
board of each educational service center shall ~~be entitled to~~	8465
~~fifteen days sick~~adopt a policy to provide leave with pay, for	8466
~~each year under contract, which shall be credited at the rate of~~	8467
~~one and one-fourth days per month~~the employees of the board who	8468
are not covered by a collective bargaining agreement. ~~Teachers and~~	8469
~~nonteaching school employees, upon approval of the responsible~~	8470
~~administrative officer of the school district, may use sick leave~~	8471
~~for absence due to personal illness, pregnancy, injury, exposure~~	8472
~~to contagious disease which could be communicated to others, and~~	8473
~~for absence due to illness, injury, or death in the employee's~~	8474
~~immediate family. Unused sick leave shall be cumulative up to one~~	8475
~~hundred twenty work days, unless more than one hundred twenty days~~	8476
~~are approved by the employing board of education.~~ The board shall	8477
include all of the following in the policy:	8478

(1) The types of leave an employee may use;

8479

(2) The reasons for which an employee may use the types of	8480
leave the board grants under the policy;	8481

(3) The amount of each type of leave an employee may receive;

8482

(4) The manner in which an employee accumulates each type of	8483
leave;	8484

(5) The maximum amount of each type of leave that an employee	8485
may accumulate;	8486

(6) The manner in which any previously accumulated ~~sick~~ leave	8487
of a person who has been separated from public service~~, whether~~	8488
~~accumulated pursuant to section 124.38 of the Revised Code or~~	8489
~~pursuant to this section, shall~~will be placed to ~~his~~the	8490
employee's credit upon ~~his~~ re-employment in the public service,	8491
~~provided that such re-employment takes place within ten years of~~	8492
~~the date of the last termination from public service. A~~;	8493

(7) The manner in which a teacher or nonteaching school	8494
employee who transfers from one public agency to another ~~shall~~	8495
will be credited with the unused balance of ~~his~~the teacher's or	8496
nonteaching employee's accumulated ~~sick~~ leave up to the maximum of	8497
the ~~sick~~ leave accumulation permitted in the public agency to	8498
which the employee transfers~~. Teachers~~;	8499

(8) Whether, and the manner in which, teachers and	8500
nonteaching school employees who render part-time, seasonal,	8501
intermittent, per diem, or hourly service ~~shall~~will be entitled	8502
to ~~sick~~ leave for the time actually worked ~~at the same rate as~~	8503
~~that granted like full-time employees. Each~~;	8504

(9) The manner in which the board provides leave under	8505
section 3319.08 of the Revised Code;	8506

(10) Any other issue relating to the use and availability of	8507
leave.	8508

(B) Each board of education may establish regulations for the	8509
entitlement, crediting and use of ~~sick~~ leave by those substitute	8510
teachers employed by such board pursuant to section 3319.10 of the	8511
Revised Code who are not otherwise entitled to sick leave pursuant	8512
to such section. A	8513

(C) An employee of the board may use leave in accordance with	8514
the leave policy the board adopts and upon approval of the	8515
responsible administrative officer.	8516

(D) A board ~~of education shall~~, in its policy, may require a	8517
teacher or nonteaching school employee to furnish a written,	8518
signed statement on forms prescribed by such board to justify the	8519
use of any sick leave granted under the policy. ~~If medical~~	8520
~~attention is required, the employee's statement shall list the~~	8521
~~name and address of the attending physician and the dates when he~~	8522
~~was consulted. Nothing in this section shall be construed to waive~~	8523
~~the physician-patient privilege provided by section 2317.02 of the~~	8524
~~Revised Code. Falsification~~If the board, in the policy, requires	8525
the employee to submit a statement from a physician, falsification	8526
of a statement is grounds for suspension or termination of	8527
employment under sections 3319.081 and 3319.16 of the Revised	8528
Code. No	8529

(E) The board, in the policy the board adopts, shall not	8530
grant or credit sick leave ~~shall be granted or credited~~in excess	8531
of ten days per calendar year or to a teacher after ~~his~~the	8532
teacher's retirement or termination of employment.	8533

~~Except to the extent used as sick leave, leave granted under~~	8534
~~regulations adopted by a board of education pursuant to section~~	8535
~~3319.08 of the Revised Code shall not be charged against sick~~	8536
~~leave earned or earnable under this section. Nothing in this~~	8537
~~section shall be construed to affect in any other way the granting~~	8538
~~of leave pursuant to section 3319.08 of the Revised Code and any~~	8539
~~granting of sick leave pursuant to such section shall be charged~~	8540
~~against sick leave accumulated pursuant to this section.~~	8541

(F) This section shall not be construed to interfere with any	8542
unused sick leave credit in any agency of government where	8543
attendance records are maintained and credit has been given for	8544
unused sick leave. Unused sick leave accumulated by teachers and	8545
nonteaching school employees under section 124.38 of the Revised	8546
Code, as that section existed immediately prior to the effective	8547
date of this amendment, shall continue to be credited toward the	8548
maximum accumulation permitted under a policy adopted in	8549
accordance with this section. ~~Each newly hired regular nonteaching~~	8550
~~and each regular nonteaching employee of any board of education~~	8551
~~who has exhausted his accumulated sick leave shall be entitled to~~	8552
~~an advancement of not less than five days of sick leave each year,~~	8553
~~as authorized by rules which each board shall adopt, to be charged~~	8554
~~against the sick leave he subsequently accumulates under this~~	8555
~~section.~~	8556

(G) This section shall be uniformly administered.

8557

The board shall post the policy adopted under this section in	8558
a conspicuous location on the web site maintained by the board.	8559
The board shall review the policy on an annual basis and shall	8560
post any changes to that policy in a conspicuous location on the	8561
web site maintained by the board.	8562

Nothing in this section shall be construed as preventing a	8563
board and an exclusive representative, as defined in section	8564
4117.01 of the Revised Code, from agreeing to apply the policy	8565
adopted by the board under this section to employees covered by a	8566
collective bargaining agreement between the board and the	8567
exclusive representative.	8568

Sec. 3319.17. (A) As used in this section, "interdistrict	8569
contract" means any contract or agreement entered into by an	8570
educational service center governing board and another board or	8571
other public entity pursuant to section 3313.17, 3313.841,	8572
3313.842, 3313.843, 3313.844, 3313.845, 3313.91, or 3323.08 of the	8573
Revised Code, including any such contract or agreement for the	8574
provision of services funded under division (I) of section	8575
3317.024 of the Revised Code or provided in any unit approved	8576
under section 3317.05 of the Revised Code.	8577

(B) When, for any of the following reasons that apply to any	8578
city, exempted village, local, or joint vocational school district	8579
or any educational service center, the board decides that it will	8580
be necessary to reduce the number of teachers it employs, it may	8581
make a reasonable reduction:	8582

(1) In the case of any district or service center, return to	8583
duty of regular teachers after leaves of absence including leaves	8584
provided pursuant to division (B) of section 3314.10 of the	8585
Revised Code, suspension of schools, territorial changes affecting	8586
the district or center, or financial reasons;	8587

(2) In the case of any city, exempted village, local, or	8588
joint vocational school district, decreased enrollment of pupils	8589
in the district;	8590

(3) In the case of any governing board of a service center	8591
providing any particular service directly to pupils pursuant to	8592
one or more interdistrict contracts requiring such service,	8593
reduction in the total number of pupils the governing board is	8594
required to provide with the service under all interdistrict	8595
contracts as a result of the termination or nonrenewal of one or	8596
more of these interdistrict contracts;	8597

(4) In the case of any governing board providing any	8598
particular service that it does not provide directly to pupils	8599
pursuant to one or more interdistrict contracts requiring such	8600
service, reduction in the total level of the service the governing	8601
board is required to provide under all interdistrict contracts as	8602
a result of the termination or nonrenewal of one or more of these	8603
interdistrict contracts.	8604

(C) In making any such reduction, any city, exempted village,	8605
local, or joint vocational school board shall proceed to suspend	8606
contracts in accordance with the recommendation of the	8607
superintendent of schools who shall, within each teaching field	8608
affected, give preference ~~first~~ to teachers on continuing	8609
contracts ~~and then to teachers who have greater seniority~~. In	8610
making any such reduction, any governing board of a service center	8611
shall proceed to suspend contracts in accordance with the	8612
recommendation of the superintendent who shall, within each	8613
teaching field or service area affected, give preference ~~first~~ to	8614
teachers on continuing contracts ~~and then to teachers who have~~	8615
~~greater seniority~~. Subject first to the preference for teachers	8616
with continuing contracts prescribed in this paragraph, the board	8617
shall consider the relative quality of performance the principal	8618
factor in determining the order of reductions under this section.	8619
A board shall measure a teacher's quality of performance by	8620
considering all of the following:	8621

(1) The level of license issued under section 3319.22 of the	8622
Revised Code that the teacher holds;	8623

(2) Whether the teacher is a "highly qualified teacher" as	8624
defined in section 3319.074 of the Revised Code;	8625

(3) The value-added measure the board uses to determine the	8626
performance of the students assigned to the teacher's classroom;	8627

(4) The results of the teacher's performance evaluation	8628
conducted under section 3319.111 of the Revised Code or any peer	8629
review program created by an agreement entered into by a board of	8630
education and representatives of teachers employed by that board;	8631

(5) Any other criteria established by the board.

8632

On a case-by-case basis, in lieu of suspending a contract in	8633
whole, a board may suspend a contract in part, so that an	8634
individual is required to work a percentage of the time the	8635
employee otherwise is required to work under the contract and	8636
receives a commensurate percentage of the full compensation the	8637
employee otherwise would receive under the contract.	8638

The teachers whose continuing contracts are suspended by any	8639
board pursuant to this section shall have the right of restoration	8640
to continuing service status by that board in the order of	8641
seniority of service in the district or service center if and when	8642
teaching positions become vacant or are created for which any of	8643
such teachers are or become qualified. No teacher whose continuing	8644
contract has been suspended pursuant to this section shall lose	8645
that right of restoration to continuing service status by reason	8646
of having declined recall to a position that is less than	8647
full-time or, if the teacher was not employed full-time just prior	8648
to suspension of the teacher's continuing contract, to a position	8649
requiring a lesser percentage of full-time employment than the	8650
position the teacher last held while employed in the district or	8651
service center.	8652

(D) Notwithstanding any provision to the contrary in Chapter	8653
4117. of the Revised Code, the requirements of this section, as it	8654
existed prior to the effective date of this amendment, prevail	8655
over any conflicting provisions of agreements between employee	8656
organizations and public employers entered into ~~after~~between	8657
September 29, 2005, and that effective date.	8658

Sec. 3319.172. The board of education of each school district	8659
wherein the provisions of Chapter 124. of the Revised Code do not	8660
apply and the governing board of each educational service center	8661
may adopt a resolution ordering reasonable reductions in the	8662
number of nonteaching employees for any of the reasons for which	8663
the board of education or governing board may make reductions in	8664
teaching employees, as set forth in division (B) of section	8665
3319.17 of the Revised Code.	8666

In making any reduction under this section, the board of	8667
education or governing board shall proceed to suspend contracts in	8668
accordance with the recommendation of the superintendent of the	8669
district or service center who shall, within each pay	8670
classification affected, give preference ~~first~~ to employees under	8671
continuing contracts ~~and then to employees on the basis of~~	8672
~~seniority~~. OnSubject first to the preference for employees with	8673
continuing contracts prescribed in this paragraph, the board shall	8674
consider the relative quality of performance, as measured by the	8675
board, the principal factor in determining the order of reductions	8676
under this section.	8677

On a case-by-case basis, in lieu of suspending a contract in	8678
whole, a board may suspend a contract in part, so that an	8679
individual is required to work a percentage of the time the	8680
employee otherwise is required to work under the contract and	8681
receives a commensurate percentage of the full compensation the	8682
employee otherwise would receive under the contract.	8683

Any nonteaching employee whose continuing contract is	8684
suspended under this section shall have the right of restoration	8685
to continuing service status by the board of education or	8686
governing board that suspended that contract in order of seniority	8687
of service in the district or service center, if and when a	8688
nonteaching position for which the employee is qualified becomes	8689
vacant or is created. No nonteaching employee whose continuing	8690
contract has been suspended under this section shall lose that	8691
right of restoration to continuing service status by reason of	8692
having declined recall to a position requiring fewer regularly	8693
scheduled hours of work than required by the position the employee	8694
last held while employed in the district or service center.	8695

Notwithstanding any provision to the contrary in Chapter	8696
4117. of the Revised Code, the requirements of this section, as it	8697
existed prior to the effective date of this amendment, prevail	8698
over any conflicting provisions of agreements between employee	8699
organizations and public employers entered into ~~after the~~	8700
~~effective date of this section~~between September 29, 2005, and	8701
that effective date.	8702

Sec. 3319.18. If an entire school district or that part of a	8703
school district which comprises the territory in which a school is	8704
situated is transferred to any other district, or if a new school	8705
district is created, the teachers in such districts or schools	8706
employed on continuing contracts immediately prior to such	8707
transfer, or creation shall, subject to section 3319.17 or	8708
3319.171 of the Revised Code, have continuing service status in	8709
the newly created district, or in the district to which the	8710
territory is transferred.	8711

The limited contracts of the teachers employed in such	8712
districts or schools immediately prior to such transfer, or	8713
creation, shall become the legal obligations of the board of	8714
education in the newly created district, or in the district to	8715
which the territory is transferred, subject to section 3319.17 or	8716
3319.171 of the Revised Code. The teaching experience of such	8717
teachers in such prior districts or schools shall be included in	8718
the three years of service required under section 3319.11 of the	8719
Revised Code for a teacher to become eligible for continuing	8720
service status.	8721

~~Teachers~~A teacher employed on limited or continuing	8722
contracts in an entire school district or that part of a school	8723
district ~~which~~that comprises the territory in which a school is	8724
situated ~~which~~that is transferred to any other district or ~~which~~	8725
that is merged with other school territory to create a new school	8726
district, shall be ~~placed~~paid, on the effective date of such	8727
transfer or merger, ~~on the~~a salary ~~schedule of the district to~~	8728
~~which the territory is transferred or the newly created district,~~	8729
~~according to their training and experience. Such experience shall~~	8730
~~be the total sum of the years taught in the district whose~~	8731
~~territory was transferred or merged to create a new district, plus~~	8732
~~the total number of years of teaching experience recognized by~~	8733
~~such previous district upon its first employment of such teachers~~	8734
based upon performance as described in section 3317.13 of the	8735
Revised Code.	8736

The ~~placement of the teachers on the~~ salary ~~schedule,~~paid to	8737
a teacher pursuant to this section, shall not result, however, in	8738
the salary of ~~any~~that teacher being less than the teacher's	8739
current annual salary for regular duties, in existence immediately	8740
prior to the merger or transfer.	8741

In making any reduction in the number of teachers under	8742
section 3319.17 of the Revised Code by reason of the transfer or	8743
consolidation of school territory, the years of teaching service	8744
of the teachers employed in the district or schools transferred to	8745
any other district or merged with any school territory to create a	8746
new district, shall be included as a part of the seniority on	8747
which the recommendation of the superintendent of schools shall be	8748
based, under section 3319.17 of the Revised Code. Such service	8749
shall have been continuous and shall include years of service in	8750
the previous district as well as the years of continuous service	8751
in any district which had been previously transferred to or	8752
consolidated to form such district. When suspending contracts in	8753
accordance with an administrative personnel suspension policy	8754
adopted under section 3319.171 of the Revised Code, a board may	8755
consider years of teaching service in its decision if it is a part	8756
of the suspension policy, but it shall not be the only factor used	8757
in making the decision.	8758

Sec. 3319.61. (A) The educator standards board, in	8759
consultation with the chancellor of the Ohio board of regents,	8760
shall do all of the following:	8761

(1) Develop state standards for teachers and principals that	8762
reflect what teachers and principals are expected to know and be	8763
able to do at all stages of their careers. These standards shall	8764
be aligned with the statewide academic content standards for	8765
students adopted pursuant to section 3301.079 of the Revised Code,	8766
be primarily based on educator performance instead of years of	8767
experience or certain courses completed, and rely on	8768
evidence-based factors. These standards shall also be aligned with	8769
the operating standards adopted under division (D)(3) of section	8770
3301.07 of the Revised Code.	8771

(a) The standards for teachers shall reflect the following	8772
additional criteria:	8773

(i) Alignment with the interstate new teacher assessment and	8774
support consortium standards;	8775

(ii) Differentiation among novice, experienced, and advanced	8776
teachers;	8777

(iii) Reliance on competencies that can be measured;

8778

(iv) Reliance on content knowledge, teaching skills,	8779
discipline-specific teaching methods, and requirements for	8780
professional development;	8781

(v) Alignment with a career-long system of professional	8782
development and evaluation that ensures teachers receive the	8783
support and training needed to achieve the teaching standards as	8784
well as reliable feedback about how well they meet the standards;	8785

(vi) The standards under section 3301.079 of the Revised	8786
Code, including standards on collaborative learning environments	8787
and interdisciplinary, project-based, real-world learning and	8788
differentiated instruction;	8789

(vii) The Ohio leadership framework.

8790

(b) The standards for principals shall be aligned with the	8791
interstate school leaders licensing consortium standards.	8792

(2) Develop standards for school district superintendents	8793
that reflect what superintendents are expected to know and be able	8794
to do at all stages of their careers. The standards shall reflect	8795
knowledge of systems theory and effective management principles	8796
and be aligned with the buckeye association of school	8797
administrators standards and the operating standards developed	8798
under division (D)(3) of section 3301.07 of the Revised Code.	8799

(3) Develop standards for school district treasurers and	8800
business managers that reflect what treasurers and business	8801
managers are expected to know and be able to do at all stages of	8802
their careers. The standards shall reflect knowledge of systems	8803
theory and effective management principles and be aligned with the	8804
association of school business officials international standards	8805
and the operating standards developed under division (D)(3) of	8806
section 3301.07 of the Revised Code.	8807

(4) Develop standards for the renewal of licenses under	8808
sections 3301.074 and 3319.22 of the Revised Code;	8809

(5) Develop standards for educator professional development;

8810

(6) Investigate and make recommendations for the creation,	8811
expansion, and implementation of school building and school	8812
district leadership academies.	8813

The superintendent of public instruction, the chancellor of	8814
the Ohio board of regents, or the education standards board itself	8815
may request that the educator standards board update, review, or	8816
reconsider any standards developed under this section.	8817

(B) The educator standards board shall incorporate indicators	8818
of cultural competency into the standards developed under division	8819
(A) of this section. For this purpose, the educator standards	8820
board shall develop a definition of cultural competency based upon	8821
content and experiences that enable educators to know, understand,	8822
and appreciate the students, families, and communities that they	8823
serve and skills for addressing cultural diversity in ways that	8824
respond equitably and appropriately to the cultural needs of	8825
individual students.	8826

(C) In developing the standards under division (A) of this	8827
section, the educator standards board shall consider the impact of	8828
the standards on closing the achievement gap between students of	8829
different subgroups.	8830

(D) In developing the standards under division (A) of this	8831
section, the educator standards board shall ensure both of the	8832
following:	8833

(1) That teachers have sufficient knowledge to provide	8834
appropriate instruction for students identified as gifted pursuant	8835
to Chapter 3324. of the Revised Code and to assist in the	8836
identification of such students, and have sufficient knowledge	8837
that will enable teachers to provide learning opportunities for	8838
all children to succeed;	8839

(2) That principals, superintendents, school treasurers, and	8840
school business managers have sufficient knowledge to provide	8841
principled, collaborative, foresighted, and data-based leadership	8842
that will provide learning opportunities for all children to	8843
succeed.	8844

(E) The standards for educator professional development	8845
developed under division (A)(5) of this section shall include the	8846
following:	8847

(1) Standards for the inclusion of local professional	8848
development committees established under section 3319.22 of the	8849
Revised Code in the planning and design of professional	8850
development;	8851

(2) Standards that address the crucial link between academic	8852
achievement and mental health issues.	8853

(F) The educator standards board shall also perform the	8854
following functions:	8855

(1) Monitor compliance with the standards developed under	8856
division (A) of this section and make recommendations to the state	8857
board of education for appropriate corrective action if such	8858
standards are not met;	8859

(2) Research, develop, and recommend policies on the	8860
professions of teaching and school administration;	8861

(3) Recommend policies to close the achievement gap between	8862
students of different subgroups;	8863

(4) Define a "master teacher" in a manner that can be used	8864
uniformly by all school districts;	8865

(5) Adopt criteria that a candidate for a lead professional	8866
educator license under section 3319.22 of the Revised Code who	8867
does not hold a valid certificate issued by the national board for	8868
professional teaching standards must meet to be considered a lead	8869
teacher for purposes of division (B)(4)(d) of that section. It is	8870
the intent of the general assembly that the educator standards	8871
board shall adopt multiple, equal-weighted criteria to use in	8872
determining whether a person is a lead teacher. The criteria shall	8873
be in addition to the other standards and qualifications	8874
prescribed in division (B)(4) of section 3319.22 of the Revised	8875
Code. The criteria may include, but shall not be limited to,	8876
completion of educational levels beyond a master's degree or other	8877
professional development courses or demonstration of a leadership	8878
role in the teacher's school building or district. The board shall	8879
determine the number of criteria that a teacher shall satisfy to	8880
be recognized as a lead teacher, which shall not be the total	8881
number of criteria adopted by the board.	8882

(6) Develop model teacher and principal evaluation	8883
instruments and processes. The models shall be based on the	8884
standards developed under division (A) of this section.	8885

~~(7) Develop a method of measuring the academic improvement~~	8886
~~made by individual students during a one-year period and make~~	8887
~~recommendations for incorporating the measurement as one of~~	8888
~~multiple evaluation criteria into each of the following:~~	8889

~~(a) Eligibility for a professional educator license, senior~~	8890
~~professional educator license, lead professional educator license,~~	8891
~~or principal license issued under section 3319.22 of the Revised~~	8892
~~Code;~~	8893

~~(b) The Ohio teacher residency program established under~~	8894
~~section 3319.223 of the Revised Code;~~	8895

~~(c) The model teacher and principal evaluation instruments~~	8896
~~and processes developed under division (F)(6) of this section~~and	8897
the frameworks for the evaluation of teachers and principals	8898
adopted by the state board of education under section 3319.112 of	8899
the Revised Code.	8900

(G) The educator standards board shall submit recommendations	8901
of standards developed under division (A) of this section to the	8902
state board of education not later than September 1, 2010. The	8903
state board of education shall review those recommendations at the	8904
state board's regular meeting that next succeeds the date that the	8905
recommendations are submitted to the state board. At that meeting,	8906
the state board of education shall vote to either adopt standards	8907
based on those recommendations or request that the educator	8908
standards board reconsider its recommendations. The state board of	8909
education shall articulate reasons for requesting reconsideration	8910
of the recommendations but shall not direct the content of the	8911
recommendations. The educator standards board shall reconsider its	8912
recommendations if the state board of education so requests, may	8913
revise the recommendations, and shall resubmit the	8914
recommendations, whether revised or not, to the state board not	8915
later than two weeks prior to the state board's regular meeting	8916
that next succeeds the meeting at which the state board requested	8917
reconsideration of the initial recommendations. The state board of	8918
education shall review the recommendations as resubmitted by the	8919
educator standards board at the state board's regular meeting that	8920
next succeeds the meeting at which the state board requested	8921
reconsideration of the initial recommendations and may adopt the	8922
standards as resubmitted or, if the resubmitted standards have not	8923
addressed the state board's concerns, the state board may modify	8924
the standards prior to adopting them. The final responsibility to	8925
determine whether to adopt standards as described in division (A)	8926
of this section and the content of those standards, if adopted,	8927
belongs solely to the state board of education.	8928

Sec. 3319.63. The board of education of a school district	8929
that employs any person who is appointed to serve as a member of	8930
the educator standards board under division (A)(1)(a) or (c) of	8931
section 3319.60, as a member of the subcommittee on standards for	8932
superintendents under division (B) or (C) of section 3319.611, or	8933
as a member of the subcommittee on standards for school treasurers	8934
and business managers under division (B) or (C) of section	8935
3319.612 of the Revised Code shall grant that person paid	8936
professional leave for the purpose of attending meetings and	8937
conducting official business of the educator standards board and	8938
the subcommittees in accordance with the general leave policy the	8939
board adopts pursuant to section 3319.141 of the Revised Code.	8940

Sec. 3326.18. (A) Except as provided under division (B) of	8941
this section, employees of a science, technology, engineering, and	8942
mathematics school may organize and collectively bargain pursuant	8943
to Chapter 4117. of the Revised Code. Notwithstanding division	8944
~~(D)~~(C)(1) of section 4117.06 of the Revised Code, a unit	8945
containing teaching and nonteaching employees employed under this	8946
section shall be considered an appropriate unit.	8947

(B) If a science, technology, engineering, and mathematics	8948
school is created by converting all or part of an existing school	8949
operated by a school district or an existing conversion community	8950
school established under Chapter 3314. of the Revised Code, at the	8951
time of conversion, the employees assigned to the STEM school	8952
shall remain part of any collective bargaining unit in which they	8953
were included immediately prior to the conversion and shall remain	8954
subject to any collective bargaining agreement for that unit in	8955
effect on the first day of July of the year in which the STEM	8956
school initially begins operation and shall be subject to any	8957
subsequent collective bargaining agreement for that unit, unless a	8958
petition is certified as sufficient under division (E) of this	8959
section with regard to those employees. Any new employees assigned	8960
to the STEM school also shall be included in the unit to which	8961
they would have been assigned had the conversion not taken place	8962
and shall be subject to the collective bargaining agreement for	8963
that unit unless a petition is certified as sufficient under	8964
division (E) of this section with regard to those employees.	8965

Notwithstanding division (B) of section 4117.01 of the	8966
Revised Code, the board of education of the school district that	8967
operated or sponsored the STEM school prior to conversion and not	8968
the STEM school shall be regarded, for purposes of Chapter 4117.	8969
of the Revised Code, as the "public employer" of the employees	8970
assigned to a conversion STEM school subject to a collective	8971
bargaining agreement pursuant to this division unless a petition	8972
is certified under division (E) of this section with regard to	8973
those employees. Only on and after the effective date of a	8974
petition certified as sufficient under division (E) of this	8975
section shall division (A) of this section apply to those	8976
employees and only on and after the effective date of that	8977
petition shall Chapter 4117. of the Revised Code apply to the	8978
school with regard to those employees.	8979

(C) Notwithstanding sections 4117.03 to 4117.18 of the	8980
Revised Code and Section 4 of Amended Substitute Senate Bill No.	8981
133 of the 115th general assembly, the employees assigned to a	8982
conversion STEM school who are subject to a collective bargaining	8983
agreement pursuant to division (B) of this section shall cease to	8984
be subject to that agreement and all subsequent agreements	8985
pursuant to that division and shall cease to be part of the	8986
collective bargaining unit that is subject to that and all	8987
subsequent agreements, if a majority of the employees assigned to	8988
the STEM school who are subject to that collective bargaining	8989
agreement sign and submit to the state employment relations board	8990
a petition requesting all of the following:	8991

(1) That all the employees assigned to the STEM school who	8992
are subject to that agreement be removed from the bargaining unit	8993
that is subject to that agreement and be designated by the state	8994
employment relations board as a new and separate bargaining unit	8995
for purposes of Chapter 4117. of the Revised Code;	8996

(2) That the employee organization certified as the exclusive	8997
representative of the employees of the bargaining unit from which	8998
the employees are to be removed be certified as the exclusive	8999
representative of the new and separate bargaining unit for	9000
purposes of Chapter 4117. of the Revised Code;	9001

(3) That the STEM school be regarded as the "public employer"	9002
of those employees for purposes of Chapter 4117. of the Revised	9003
Code.	9004

(D) Notwithstanding sections 4117.03 to 4117.18 of the	9005
Revised Code and Section 4 of Amended Substitute Senate Bill No.	9006
133 of the 115th general assembly, the employees assigned to a	9007
conversion STEM school who are subject to a collective bargaining	9008
agreement pursuant to division (B) of this section shall cease to	9009
be subject to that agreement and all subsequent agreements	9010
pursuant to that division, shall cease to be part of the	9011
collective bargaining unit that is subject to that and all	9012
subsequent agreements, and shall cease to be represented by any	9013
exclusive representative of that collective bargaining unit, if a	9014
majority of the employees assigned to the STEM school who are	9015
subject to that collective bargaining agreement sign and submit to	9016
the state employment relations board a petition requesting all of	9017
the following:	9018

(1) That all the employees assigned to the STEM school who	9019
are subject to that agreement be removed from the bargaining unit	9020
that is subject to that agreement;	9021

(2) That any employee organization certified as the exclusive	9022
representative of the employees of that bargaining unit be	9023
decertified as the exclusive representative of the employees	9024
assigned to the STEM school who are subject to that agreement;	9025

(3) That the STEM school be regarded as the "public employer"	9026
of those employees for purposes of Chapter 4117. of the Revised	9027
Code.	9028

(E) Upon receipt of a petition under division (C) or (D) of	9029
this section, the state employment relations board shall check the	9030
sufficiency of the signatures on the petition. If the signatures	9031
are found sufficient, the board shall certify the sufficiency of	9032
the petition and so notify the parties involved, including the	9033
board of education of the school district that operated or	9034
sponsored the STEM school prior to conversion, the STEM school,	9035
and any exclusive representative of the bargaining unit. The	9036
changes requested in a certified petition shall take effect on the	9037
first day of the month immediately following the date on which the	9038
sufficiency of the petition is certified under this division.	9039

Sec. 3332.03. There is hereby created the state board of	9040
career colleges and schools to consist of the state superintendent	9041
of public instruction or an assistant superintendent designated by	9042
the superintendent, the chancellor of the Ohio board of regents or	9043
a vice chancellor designated by the chancellor, and six members	9044
appointed by the governor, with the advice and consent of the	9045
senate. Members' terms of office shall be for five years,	9046
commencing on the twenty-first day of November and ending on the	9047
twentieth day of November. Each member shall hold office from the	9048
date of appointment until the end of the term for which the member	9049
was appointed.	9050

Three of the members appointed by the governor shall have	9051
been engaged for a period of not less than five years immediately	9052
preceding appointment in an executive or managerial position in a	9053
private, trade, technical, or other school subject to this	9054
chapter. One member appointed by the governor shall be a	9055
representative of students and shall have graduated with an	9056
associate or baccalaureate degree, within five years prior to	9057
appointment, from a school subject to this chapter. Two members	9058
appointed by the governor shall be representatives of the general	9059
public and shall have had no affiliation with, or direct or	9060
indirect interest in, schools subject to this chapter for at least	9061
two years prior to appointment. In selecting the representatives	9062
of the general public, the governor shall make an effort to find	9063
individuals with background or experience in the regulation of	9064
commerce, business, or education. The two members of the board who	9065
are representatives of the general public shall not be affiliated	9066
in any way with or have any direct or indirect interest in any	9067
schools subject to this chapter during their terms. Except for	9068
enrollment in a school subject to this chapter, the member	9069
representing students shall have had no affiliation in any way	9070
with, or have any direct or indirect interest in any school	9071
subject to this chapter for at least two years prior to	9072
appointment or during the member's term.	9073

Any vacancy shall be filled in the manner provided for	9074
original appointment. Any member appointed to fill a vacancy	9075
occurring prior to the expiration of the term for which the	9076
member's predecessor was appointed shall hold office for the	9077
remainder of such term. Any appointed member shall continue in	9078
office subsequent to the expiration date of the member's term	9079
until the member's successor takes office, or until a period of	9080
sixty days has elapsed, whichever occurs first.	9081

Members of the board have full voting rights, except for the	9082
member representing students who shall be a nonvoting member. Each	9083
member of the board appointed by the governor shall be compensated	9084
at the rate established pursuant to division ~~(J)~~(A) of section	9085
124.15 of the Revised Code~~, but shall not receive step~~	9086
~~advancements, for those days the member is engaged in the~~	9087
~~discharge of official duties~~. In addition, members appointed by	9088
the governor may be compensated for the expenses necessarily	9089
incurred in the attendance at meetings or in performing other	9090
services for the board. The chairperson of the board shall	9091
annually be elected or determined as follows:	9092

(A) If both members of the board representing the general	9093
public have served on the board for at least one year, the members	9094
shall elect one of these two members as chairperson. If one of	9095
these members declines to be elected or serve, the other member	9096
representing the general public shall be chairperson. If both	9097
members representing the general public decline to be elected or	9098
serve, division (C) of this section shall apply.	9099

(B) If only one member of the board representing the general	9100
public has served on the board for at least one year, this member	9101
shall be chairperson. If this member declines to serve, division	9102
(C) of this section shall apply.	9103

(C) If neither member of the board representing the general	9104
public has served on the board for at least one year or if this	9105
division applies pursuant to division (A) or (B) of this section,	9106
the members of the board shall elect a chairperson from among any	9107
of the voting members of the board who have served on the board	9108
for at least one year.	9109

Sec. 3701.33. The public health council shall consist of the	9110
following seven members to be appointed by the governor:	9111

(A) Three physicians who are licensed to practice medicine in	9112
the state;	9113

(B) A pharmacist who is licensed to practice pharmacy in the	9114
state;	9115

(C) A registered nurse who is licensed to practice nursing as	9116
a registered nurse in the state;	9117

(D) A sanitarian who holds a valid certificate of	9118
registration as a sanitarian issued under section 4736.11 of the	9119
Revised Code;	9120

(E) A member of the public who is not associated with or	9121
financially interested in the practice of medicine, nursing,	9122
pharmacy, or environmental health and is at least sixty years of	9123
age.	9124

Terms of office shall be for seven years, commencing on the	9125
first day of July and ending on the thirtieth day of June. Each	9126
member shall hold office from the date of appointment until the	9127
end of the term for which the member was appointed. Any member	9128
appointed to fill a vacancy occurring prior to the expiration of	9129
the term for which the member's predecessor was appointed shall	9130
hold office for the remainder of such term. Any member shall	9131
continue in office subsequent to the expiration date of the	9132
member's term until the member's successor takes office, or until	9133
a period of sixty days has elapsed, whichever occurs first.	9134

The council shall meet four times each year and may meet at	9135
such other times as the business of the council requires. The time	9136
and place for holding regular meetings shall be fixed in the	9137
bylaws of the council. Special meetings may be called upon the	9138
request of any four members of the council or upon request of the	9139
director of health, and may be held at any place considered	9140
advisable by the council or director. Four members of the council	9141
constitute a quorum for the transaction of business. The council,	9142
on or before the first day of July of each year, shall designate	9143
the member who shall act as its chairperson for the ensuing year.	9144
The director, upon request of the council, shall detail an officer	9145
or employee of the department of health to act as secretary of the	9146
council, and shall detail such other employees as the council	9147
requires.	9148

The members of the council shall be paid the rate established	9149
pursuant to division ~~(J)~~(A) of section 124.15 of the Revised Code	9150
while in conference and shall be reimbursed their necessary and	9151
reasonable traveling and other expenses incurred in the	9152
performance of their regular duties.	9153

Sec. 3737.81. (A) There is hereby created the state fire	9154
commission consisting of ten members to be appointed by the	9155
governor with the advice and consent of the senate. The state fire	9156
marshal or chief deputy fire marshal, a representative designated	9157
by the department of public safety who has tenure in fire	9158
suppression, and a representative designated by the board of	9159
building standards shall be ex officio members. Of the initial	9160
appointments made to the commission, two shall be for a term	9161
ending one year after November 1, 1978, two shall be for a term	9162
ending two years after that date, two shall be for a term ending	9163
three years after that date, two shall be for a term ending four	9164
years after that date, and two shall be for a term ending five	9165
years after that date. Thereafter, terms of office shall be for	9166
five years, each term ending on the same day of the same month of	9167
the year as did the term which it succeeds. Each member shall hold	9168
office from the date of appointment until the end of the term for	9169
which the member was appointed. Any member appointed to fill a	9170
vacancy occurring prior to the expiration of the term for which	9171
the member's predecessor was appointed shall hold office for the	9172
remainder of that term. Any member shall continue in office	9173
subsequent to the expiration date of the member's term until a	9174
successor takes office, or until a period of sixty days has	9175
elapsed, whichever occurs first. Members shall be qualified by	9176
experience and training to deal with the matters that are the	9177
responsibility of the commission. Two members shall be members of	9178
paid fire services, one shall be a member of volunteer fire	9179
services, two shall be mayors, managers, or members of legislative	9180
authorities of municipal corporations, one shall represent	9181
commerce and industry, one shall be a representative of a fire	9182
insurance company domiciled in this state, one shall represent the	9183
flammable liquids industry, one shall represent the construction	9184
industry, and one shall represent the public. At no time shall	9185
more than six members be members of or associated with the same	9186
political party. Membership on the commission shall not constitute	9187
holding a public office, and no person shall forfeit or otherwise	9188
vacate the person's office or position of employment because of	9189
membership on the commission.	9190

(B) The ex officio members may not vote, except that the	9191
state fire marshal or chief deputy fire marshal may vote in case	9192
of a tie.	9193

(C) Each member of the commission, other than ex officio	9194
members, shall be paid an amount fixed pursuant to division ~~(J)~~(A)	9195
of section 124.15 of the Revised Code, and the member's actual and	9196
necessary expenses.	9197

(D) The commission shall select a chairperson and a	9198
vice-chairperson from among its members. No business may be	9199
transacted in the absence of a quorum. A quorum shall be at least	9200
six members, excluding ex officio members, and shall include	9201
either the chairperson or vice-chairperson. The commission shall	9202
hold regular meetings at least once every two months and may meet	9203
at any other time at the call of the chairperson.	9204

(E) The state fire marshal shall provide the commission with	9205
office space, meeting rooms, staff, and clerical assistance	9206
necessary for the commission to perform its duties. If the	9207
commission maintains the Ohio fire service hall of fame under	9208
division (C) of section 3737.03 of the Revised Code, the state	9209
fire marshal shall preserve, in an appropriate manner, in the	9210
office space or meeting rooms provided to the commission under	9211
this division or in another location, copies of all official	9212
commendations awarded to individuals recognized and commemorated	9213
for their exemplary accomplishments and acts of heroism at	9214
fire-related incidents or similar events that occurred in this	9215
state.	9216

(F) If the commission maintains the Ohio fire service hall of	9217
fame under division (C) of section 3737.03 of the Revised Code,	9218
the expenses incurred for the recognition and commemoration of	9219
individuals for their exemplary accomplishments and acts of	9220
heroism at fire-related incidents or similar events that occurred	9221
in this state, including, but not limited to, expenses for	9222
official commendations and an annual awards ceremony as described	9223
in division (B) of section 3737.03 of the Revised Code, may be	9224
paid from moneys appropriated by the general assembly for purposes	9225
of that recognition and commemoration, from moneys that are	9226
available to the state fire marshal under this chapter, or from	9227
other funding sources available to the commission.	9228

Sec. 3737.90. (A) There is hereby created the petroleum	9229
underground storage tank release compensation board consisting of	9230
the treasurer of state and the directors of commerce and	9231
environmental protection as members ex officio, or their	9232
designees, and nine members to be appointed by the governor with	9233
the advice and consent of the senate. No more than five of the	9234
appointed members shall be affiliated with the same political	9235
party. Of the appointed members, one shall represent the interests	9236
of petroleum refiners, one shall represent the interests of	9237
petroleum marketers, one shall represent the interests of retail	9238
petroleum dealers, one shall represent the interests of local	9239
governments, one shall have experience in casualty and fire or	9240
pollution liability insurance, two shall represent the interests	9241
of businesses that own petroleum underground storage tanks and are	9242
not primarily engaged in the sale of petroleum, and two shall be	9243
professional engineers registered under Chapter 4733. of the	9244
Revised Code with experience in geology or environmental	9245
engineering who shall represent the interests of the public and	9246
shall not be associated with the petroleum industry.	9247

Of the initial appointments to the board, three shall be for	9248
a term ending July 11, 1990, three shall be for a term ending July	9249
11, 1991, and three shall be for a term ending July 11, 1992.	9250
Thereafter, terms of office shall be for three years, with each	9251
term ending on the same day of the same month as did the term that	9252
it succeeds. Each member shall hold office from the date of ~~his~~	9253
the member's appointment until the end of the term for which he	9254
the member was appointed. Members may be reappointed. Vacancies	9255
shall be filled in the manner provided for original appointments.	9256
Any member appointed to fill a vacancy occurring prior to the	9257
expiration date of the term for which ~~his~~the member's predecessor	9258
was appointed shall hold office as a member for the remainder of	9259
that term. A member shall continue in office subsequent to the	9260
expiration date of ~~his~~the member's term until ~~his~~the member's	9261
successor takes office or until a period of sixty days has	9262
elapsed, whichever occurs first. Appointed members of the board	9263
shall be compensated on a per diem basis in accordance with	9264
division ~~(J)~~(A) of section 124.15 of the Revised Code for each day	9265
of actual attendance at meetings of the board. Members shall	9266
receive their actual and necessary expenses incurred in the	9267
performance of their duties as members of the board.	9268

The petroleum underground storage tank release compensation	9269
board is a body both corporate and politic in this state, and the	9270
carrying out of its purposes and the exercise by it of the powers	9271
conferred by sections 3737.90 to 3737.98 of the Revised Code shall	9272
be held to be, and are hereby determined to be, essential	9273
governmental functions and public purposes of the state.	9274

Each appointed member of the board shall give a surety bond	9275
to the state in the penal sum of not less than twenty-five	9276
thousand dollars as determined by the board. The ~~chairman~~	9277
chairperson of the board shall give a bond in the penal sum of not	9278
less than fifty thousand dollars as determined by the board. Each	9279
surety bond shall be conditioned upon the faithful performance of	9280
the duties of the office, be executed by a surety company	9281
authorized to transact business in this state, be approved by the	9282
governor, and be filed in the office of the secretary of state.	9283
The surety bonds shall be given at such time as is established by	9284
the board, provided that they shall be given prior to the issuance	9285
of any revenue bonds by the board under sections 3737.90 to	9286
3737.948 of the Revised Code.	9287

The board shall meet at least quarterly and shall hold such	9288
additional meetings as are necessary to implement and administer	9289
sections 3737.90 to 3737.98 of the Revised Code. Additional	9290
meetings may be called in accordance with rules adopted under this	9291
section. The board shall annually select from among its members a	9292
~~chairman~~chairperson and a ~~vice-chairman~~vice-chairperson.	9293

A majority of the members of the board constitutes a quorum	9294
for the transaction of any business of the board.	9295

(B) The board may:

9296

(1) In accordance with Chapter 119. of the Revised Code,	9297
adopt, amend, and rescind rules establishing procedures for	9298
calling special meetings of the board;	9299

(2) In accordance with Chapter 119. of the Revised Code,	9300
adopt, amend, and rescind such other rules as are necessary or	9301
appropriate to implement and administer sections 3737.90 to	9302
3737.98 of the Revised Code, including, without limitation, rules	9303
for the administration of the petroleum underground storage tank	9304
linked deposit program established under sections 3737.95 to	9305
3737.98 of the Revised Code; rules establishing priorities for the	9306
payment of claims under section 3737.92 of the Revised Code on the	9307
petroleum underground storage tank financial assurance fund	9308
created in section 3737.91 of the Revised Code based upon a	9309
consideration of the date that a claim is originally filed and the	9310
threat posed to human health and the environment by the release to	9311
which the claim applies; and rules providing for the payment of	9312
any such claims in installments, when appropriate. The rules	9313
adopted under division (B)(2) of this section shall be consistent	9314
with section 9003 of the "Resource Conservation and Recovery Act	9315
of 1976," 98 Stat. 3279, 42 U.S.C.A. 6991b, as amended, and	9316
regulations adopted under it.	9317

(3) Employ and fix the compensation of the director of the	9318
petroleum underground storage tank financial assurance fund and	9319
such other personnel as are necessary to implement and administer	9320
sections 3737.90 to 3737.98 of the Revised Code and rules adopted	9321
under them. The board may designate positions in the unclassified	9322
civil service for which it may employ persons who shall be	9323
eligible for membership in the public employees retirement system	9324
under Chapter 145. of the Revised Code and who shall not be	9325
subject to Chapter 4117. of the Revised Code.	9326

(4) Enter into contracts or agreements for the purposes of	9327
sections 3737.90 to 3737.98 of the Revised Code, including,	9328
without limitation, a contract for administration of the petroleum	9329
underground storage tank financial assurance fund by an agent;	9330

(5) Sue or be sued in its own name in actions arising out of	9331
any act or omission in connection with its business or affairs	9332
under sections 3737.90 to 3737.98 of the Revised Code;	9333

(6) Issue revenue bonds payable solely from revenues as	9334
provided in sections 3737.94 to 3737.948 of the Revised Code for	9335
the purpose of funding the petroleum underground storage tank	9336
financial assurance fund to preserve jobs and employment	9337
opportunities in the state and to control water pollution and	9338
ensure the viability of ground water in the state by	9339
reimbursements to responsible persons for improving property	9340
damaged by releases of petroleum;	9341

(7) Establish by rule the maximum percentage of the petroleum	9342
underground storage tank financial assurance fund that may be used	9343
to make petroleum underground storage tank linked deposits under	9344
sections 3737.95 to 3737.98 of the Revised Code.	9345

(C) Section 9.86 of the Revised Code applies to the petroleum	9346
underground storage tank release compensation board and to any	9347
officer or employee of the board, as "officer" and "employee" are	9348
defined in section 109.36 of the Revised Code.	9349

(D) The board, in the conduct of its functions and duties, is	9350
not subject to the regulation of the superintendent of insurance	9351
under Title XXXIX of the Revised Code nor any rules of the	9352
department of insurance adopted thereunder.	9353

Sec. 3770.02. (A) Subject to the advice and consent of the	9354
senate, the governor shall appoint a director of the state lottery	9355
commission who shall serve at the pleasure of the governor. The	9356
director shall devote full time to the duties of the office and	9357
shall hold no other office or employment. The director shall meet	9358
all requirements for appointment as a member of the commission and	9359
shall, by experience and training, possess management skills that	9360
equip the director to administer an enterprise of the nature of a	9361
state lottery. The director shall receive an annual salary	9362
determined by the director of administrative services in	9363
accordance with ~~pay range 48 of~~ section 124.152 of the Revised	9364
Code.	9365

(B)(1) The director shall attend all meetings of the	9366
commission and shall act as its secretary. The director shall keep	9367
a record of all commission proceedings and shall keep the	9368
commission's records, files, and documents at the commission's	9369
principal office. All records of the commission's meetings shall	9370
be available for inspection by any member of the public, upon a	9371
showing of good cause and prior notification to the director.	9372

(2) The director shall be the commission's executive officer	9373
and shall be responsible for keeping all commission records and	9374
supervising and administering the state lottery in accordance with	9375
this chapter, and carrying out all commission rules adopted under	9376
section 3770.03 of the Revised Code.	9377

(C)(1) The director shall appoint an assistant director,	9378
deputy directors of marketing, operations, sales, finance, public	9379
relations, security, and administration, and as many regional	9380
managers as are required. The director may also appoint necessary	9381
professional, technical, and clerical assistants. All such	9382
officers and employees shall be appointed and compensated pursuant	9383
to Chapter 124. of the Revised Code. Regional and assistant	9384
regional managers, sales representatives, and any lottery	9385
executive account representatives shall remain in the unclassified	9386
service.	9387

(2) The director, in consultation with the director of	9388
administrative services, may establish standards of proficiency	9389
and productivity for commission field representatives.	9390

(D) The director shall request the bureau of criminal	9391
identification and investigation, the department of public safety,	9392
or any other state, local, or federal agency to supply the	9393
director with the criminal records of any job applicant and may	9394
periodically request the criminal records of commission employees.	9395
At or prior to the time of making such a request, the director	9396
shall require a job applicant or commission employee to obtain	9397
fingerprint cards prescribed by the superintendent of the bureau	9398
of criminal identification and investigation at a qualified law	9399
enforcement agency, and the director shall cause these fingerprint	9400
cards to be forwarded to the bureau of criminal identification and	9401
investigation and the federal bureau of investigation. The	9402
commission shall assume the cost of obtaining the fingerprint	9403
cards and shall pay to each agency supplying criminal records for	9404
each investigation under this division a reasonable fee, as	9405
determined by the agency.	9406

(E) The director shall license lottery sales agents pursuant	9407
to section 3770.05 of the Revised Code and, when it is considered	9408
necessary, may revoke or suspend the license of any lottery sales	9409
agent.	9410

(F) The director shall confer at least once each month with	9411
the commission, at which time the director shall advise it	9412
regarding the operation and administration of the lottery. The	9413
director shall make available at the request of the commission all	9414
documents, files, and other records pertaining to the operation	9415
and administration of the lottery. The director shall prepare and	9416
make available to the commission each month a complete and	9417
accurate accounting of lottery revenues, prize money disbursements	9418
and the cost of goods and services awarded as prizes, operating	9419
expenses, and all other relevant financial information, including	9420
an accounting of all transfers made from any lottery funds in the	9421
custody of the treasurer of state to benefit education.	9422

(G) The director may enter into contracts for the operation	9423
or promotion of the lottery pursuant to Chapter 125. of the	9424
Revised Code.	9425

(H)(1) Pursuant to rules adopted by the commission under	9426
section 3770.03 of the Revised Code, the director shall require	9427
any lottery sales agents to either mail directly to the commission	9428
or deposit to the credit of the state lottery fund, in banking	9429
institutions designated by the treasurer of state, net proceeds	9430
due the commission as determined by the director, and to file with	9431
the director or the director's designee reports of their receipts	9432
and transactions in the sale of lottery tickets in the form	9433
required by the director.	9434

(2) Pursuant to rules adopted by the commission under Chapter	9435
119. of the Revised Code, the director may impose penalties for	9436
the failure of a sales agent to transfer funds to the commission	9437
in a timely manner. Penalties may include monetary penalties,	9438
immediate suspension or revocation of a license, or any other	9439
penalty the commission adopts by rule.	9440

(I) The director may arrange for any person, or any banking	9441
institution, to perform functions and services in connection with	9442
the operation of the lottery as the director may consider	9443
necessary to carry out this chapter.	9444

(J)(1) As used in this chapter, "statewide joint lottery	9445
game" means a lottery game that the commission sells solely within	9446
this state under an agreement with other lottery jurisdictions to	9447
sell the same lottery game solely within their statewide or other	9448
jurisdictional boundaries.	9449

(2) If the governor directs the director to do so, the	9450
director shall enter into an agreement with other lottery	9451
jurisdictions to conduct statewide joint lottery games. If the	9452
governor signs the agreement personally or by means of an	9453
authenticating officer pursuant to section 107.15 of the Revised	9454
Code, the director then may conduct statewide joint lottery games	9455
under the agreement.	9456

(3) The entire net proceeds from any statewide joint lottery	9457
games shall be used to fund elementary, secondary, vocational, and	9458
special education programs in this state.	9459

(4) The commission shall conduct any statewide joint lottery	9460
games in accordance with rules it adopts under division (B)(5) of	9461
section 3770.03 of the Revised Code.	9462

(K)(1) The director shall enter into an agreement with the	9463
department of alcohol and drug addiction services under which the	9464
department shall provide a program of gambling addiction services	9465
on behalf of the commission. The commission shall pay the costs of	9466
the program provided pursuant to the agreement.	9467

(2) As used in this section, "gambling addiction services"	9468
has the same meaning as in section 3793.01 of the Revised Code.	9469

Sec. 3772.06. (A)(1) The commission shall appoint an	9470
executive director who shall serve at the pleasure of the	9471
commission. The executive director is in the unclassified service,	9472
shall devote full time to the duties of the office, and shall hold	9473
no other office or employment. The executive director shall, by	9474
experience and training, possess management skills that equip the	9475
executive director to administer an enterprise of the nature of	9476
the commission. The executive director shall not have a pecuniary	9477
interest in any business organization that holds a license under	9478
this chapter, or that does business with any person licensed under	9479
this chapter. A member of the general assembly, a person who holds	9480
an elective office, or an office holder of a political party is	9481
ineligible to be appointed executive director at the same time as	9482
being such a member or holding such an office. The executive	9483
director shall receive an annual salary established in rules	9484
adopted by the director of administrative services in accordance	9485
with ~~pay range 48 of~~ section 124.152 of the Revised Code.	9486

(2) The executive director, before entering upon the	9487
discharge of the executive director's official duties, shall give,	9488
and thereafter shall maintain, bond in the amount of twenty-five	9489
thousand dollars, payable to the state, conditioned upon the	9490
executive director's faithful and proper performance of the	9491
executive director's official duties. The bond shall be issued by	9492
a surety authorized to do business in this state and shall be	9493
filed with the secretary of state. The bond may be an individual	9494
bond or a schedule or blanket bond.	9495

(B)(1) The executive director or a deputy designated in	9496
writing by the executive director shall attend all meetings of the	9497
commission and shall act as its secretary. The executive director	9498
shall keep a record of all commission proceedings and shall keep	9499
the commission's records, files, and documents at the commission's	9500
principal office.	9501

(2) The executive director shall be the chief executive	9502
officer and shall be responsible for keeping all commission	9503
records and supervising and administering casino gaming in	9504
accordance with this chapter, and enforcing all commission rules	9505
adopted under this chapter.	9506

(3) The executive director shall hire staff, including an	9507
assistant director or deputy directors, as necessary to assist the	9508
executive director in the executive director's duties under this	9509
chapter. In appointing employees, the executive director is	9510
subject to section 3772.061 of the Revised Code. The executive	9511
director may employ employees as necessary, unless the commission	9512
determines otherwise. Except as otherwise provided in this	9513
chapter, all costs of administration incurred by the executive	9514
director and the executive director's employees shall be paid out	9515
of the casino control commission fund.	9516

(C) A state agency or other unit of state government shall	9517
cooperate with the commission, and shall provide the commission	9518
with information and services the commission considers necessary	9519
to carry out the commission's duties and functions under this	9520
chapter.	9521

(D) The executive director shall confer at least once each	9522
month with the commission, at which time the executive director	9523
shall advise it regarding the operation and administration of the	9524
commission and casino gaming. The executive director shall make	9525
available at the request of the commission all documents, files,	9526
and other records pertaining to the operation and administration	9527
of the commission and casino gaming. The executive director shall	9528
prepare and make available to the commission each month a complete	9529
and accurate accounting of gross casino gaming revenues, and all	9530
other relevant financial information, including an accounting of	9531
all transfers made from the casino control commission fund.	9532

Sec. 3773.33. (A) There is hereby created the Ohio athletic	9533
commission. The commission shall consist of five voting members	9534
appointed by the governor with the advice and consent of the	9535
senate, not more than three of whom shall be of the same political	9536
party, and two nonvoting members, one of whom shall be a member of	9537
the senate appointed by and to serve at the pleasure of the	9538
president of the senate and one of whom shall be a member of the	9539
house of representatives appointed by and to serve at the pleasure	9540
of the speaker of the house of representatives. To be eligible for	9541
appointment as a voting member, a person shall be a qualified	9542
elector and a resident of the state for not less than five years	9543
immediately preceding the person's appointment. Two voting members	9544
shall be knowledgeable in boxing, at least one voting member shall	9545
be knowledgeable and experienced in high school athletics, one	9546
voting member shall be knowledgeable and experienced in	9547
professional athletics, and at least one voting member shall be	9548
knowledgeable and experienced in collegiate athletics. One	9549
commission member shall hold the degree of doctor of medicine or	9550
doctor of osteopathy.	9551

(B) No person shall be appointed to the commission or be an	9552
employee of the commission who is licensed, registered, or	9553
regulated by the commission. No member shall have any legal or	9554
beneficial interest, direct or indirect, pecuniary or otherwise,	9555
in any person who is licensed, registered, or regulated by the	9556
commission or who participates in prize fights or public boxing or	9557
wrestling matches or exhibitions. No member shall participate in	9558
any fight, match, or exhibition other than in the member's	9559
official capacity as a member of the commission, or as an	9560
inspector as authorized in section 3773.52 of the Revised Code.	9561

(C) The governor shall appoint the voting members to the	9562
commission. Of the initial appointments, two shall be for terms	9563
ending one year after September 3, 1996, two shall be for terms	9564
ending two years after September 3, 1996, and one shall be for a	9565
term ending three years after September 3, 1996. Thereafter, terms	9566
of office shall be for three years, each term ending the same day	9567
of the same month of the year as did the term which it succeeds.	9568
Each member shall hold office from the date of the member's	9569
appointment until the end of the term for which the member was	9570
appointed. Any member appointed to fill a vacancy occurring prior	9571
to the expiration of the term for which the member's predecessor	9572
was appointed shall hold office for the remainder of the term. Any	9573
member shall continue in office subsequent to the expiration date	9574
of the member's term until the member's successor takes office, or	9575
until a period of sixty days has elapsed, whichever occurs first.	9576

The governor shall name one voting member as chairperson of	9577
the commission at the time of making the appointment of any member	9578
for a full term. Three voting members shall constitute a quorum,	9579
and the affirmative vote of three voting members shall be	9580
necessary for any action taken by the commission. No vacancy on	9581
the commission impairs the authority of the remaining members to	9582
exercise all powers of the commission.	9583

Voting members, when engaged in commission duties, shall	9584
receive a per diem compensation determined in accordance with	9585
division ~~(J)~~(A) of section 124.15 of the Revised Code, and all	9586
members shall receive their actual and necessary expenses incurred	9587
in the performance of their official duties.	9588

Each voting member, before entering upon the discharge of the	9589
member's duties, shall file a surety bond payable to the treasurer	9590
of state in the sum of ten thousand dollars. Each surety bond	9591
shall be conditioned upon the faithful performance of the duties	9592
of the office, executed by a surety company authorized to transact	9593
business in this state, and filed in the office of the secretary	9594
of state.	9595

The governor may remove any voting member for malfeasance,	9596
misfeasance, or nonfeasance in office after giving the member a	9597
copy of the charges against the member and affording the member an	9598
opportunity for a public hearing, at which the member may be	9599
represented by counsel, upon not less than ten days' notice. If	9600
the member is removed, the governor shall file a complete	9601
statement of all charges made against the member and the	9602
governor's finding on the charges in the office of the secretary	9603
of state, together with a complete report of the proceedings. The	9604
governor's decision shall be final.	9605

Sec. 3781.07. There is hereby established in the department	9606
of commerce a board of building standards consisting of fifteen	9607
members appointed by the governor with the advice and consent of	9608
the senate. The board shall appoint a secretary who shall serve in	9609
the unclassified civil service for a term of six years at a salary	9610
fixed pursuant to Chapter 124. of the Revised Code. The board may	9611
employ additional staff in the classified civil service. The	9612
secretary may be removed by the board under the rules the board	9613
adopts. Terms of office shall be for four years, commencing on the	9614
fourteenth day of October and ending on the thirteenth day of	9615
October. Each member shall hold office from the date of	9616
appointment until the end of the term for which the member was	9617
appointed. Any member appointed to fill a vacancy occurring prior	9618
to the expiration of the term for which the member's predecessor	9619
was appointed shall hold office for the remainder of such term.	9620
Any member shall continue in office subsequent to the expiration	9621
date of the member's term until the member's successor takes	9622
office, or until a period of sixty days has elapsed, whichever	9623
occurs first. One of the members appointed to the board shall be	9624
an attorney at law, admitted to the bar of this state; two shall	9625
be registered architects; two shall be professional engineers, one	9626
in the field of mechanical and one in the field of structural	9627
engineering, each of whom shall be duly licensed to practice such	9628
profession in this state; one shall be a person of recognized	9629
ability, broad training, and fifteen years experience in problems	9630
and practice incidental to the construction and equipment of	9631
buildings specified in section 3781.06 of the Revised Code; one	9632
shall be a person with recognized ability and experience in the	9633
manufacture and construction of industrialized units as defined in	9634
section 3781.06 of the Revised Code; one shall be a member of the	9635
fire service with recognized ability and broad training in the	9636
field of fire protection and suppression; one shall be a person	9637
with at least ten years of experience and recognized expertise in	9638
building codes and standards and the manufacture of construction	9639
materials; one shall be a general contractor with experience in	9640
residential and commercial construction; two, chosen from a list	9641
of ten names the Ohio home builders association submits to the	9642
governor, shall be general contractors who have recognized ability	9643
in the construction of residential buildings; one shall be a	9644
person with recognized ability and experience in the use of	9645
advanced and renewable energy in the construction of commercial	9646
and residential buildings; one shall be a person with recognized	9647
ability and experience in the use of energy conservation in the	9648
construction of commercial and residential buildings; and one,	9649
chosen from a list of three names the Ohio municipal league	9650
submits to the governor, shall be the mayor of a municipal	9651
corporation in which the Ohio residential and nonresidential	9652
building codes are being enforced in the municipal corporation by	9653
a certified building department. Each member of the board, not	9654
otherwise required to take an oath of office, shall take the oath	9655
prescribed by the constitution. Each member shall receive as	9656
compensation an amount fixed pursuant to division ~~(J)~~(A) of	9657
section 124.15 of the Revised Code, and shall receive actual and	9658
necessary expenses in the performance of official duties. The	9659
amount of such expenses shall be certified by the secretary of the	9660
board and paid in the same manner as the expenses of employees of	9661
the department of commerce are paid.	9662

Sec. 4112.03. There is hereby created the Ohio civil rights	9663
commission to consist of five members, not more than three of whom	9664
shall be of the same political party, to be appointed by the	9665
governor, with the advice and consent of the senate, one of whom	9666
shall be designated by the governor as ~~chairman~~chairperson. At	9667
least one member shall be at least sixty years of age.	9668

Terms of office shall be for five years, commencing on the	9669
twenty-ninth day of July and ending on the twenty-eighth day of	9670
July. Each member shall hold office from the date of ~~his~~	9671
appointment until the end of the term for which hethe member was	9672
appointed. Any member appointed to fill a vacancy occurring prior	9673
to the expiration of the term for which ~~his~~the member's	9674
predecessor was appointed shall hold office for the remainder of	9675
such term. Any member shall continue in office subsequent to the	9676
expiration date of ~~his~~the member's term until ~~his~~the member's	9677
successor takes office, or until a period of sixty days has	9678
elapsed, whichever occurs first.	9679

Three members of the commission shall constitute a quorum for	9680
the purpose of conducting the business thereof. A vacancy in the	9681
commission shall not impair the right of the remaining members to	9682
exercise all the powers of the commission.	9683

Each member of the commission shall be paid a salary	9684
established pursuant to division ~~(J)~~(A) of section 124.15 of the	9685
Revised Code plus necessary and actual expenses while traveling on	9686
business of the commission.	9687

Any member of the commission may be removed by the governor	9688
for inefficiency, neglect of duty, misconduct, or malfeasance in	9689
office, after being given a written statement of the charges	9690
against ~~him~~the member and an opportunity to be heard publicly	9691
thereon.	9692

Sec. 4113.80. (A) As used in this section, "public employer"	9693
means the state or any agency or instrumentality of the state, and	9694
any municipal corporation, county, township, school district, or	9695
other political subdivision or any agency or instrumentality of a	9696
municipal corporation, county, township, school district, or other	9697
political subdivision.	9698

(B) "Age," "ancestry," "color," "disability," "military	9699
status," "national origin," "race," "religion," and "sex" have the	9700
same meanings and shall be construed in the same manner as in	9701
Chapter 4112. of the Revised Code.	9702

(C) When determining whether to lay off an employee as part	9703
of a reduction in force, a public employer shall not consider the	9704
race, color, religion, sex, military status, national origin,	9705
disability, age, or ancestry of the employee in violation of	9706
Chapter 4112. of the Revised Code or any applicable federal law.	9707

Sec. 4117.01. As used in this chapter:

9708

(A) "Person," in addition to those included in division (C)	9709
of section 1.59 of the Revised Code, includes employee	9710
organizations, public employees, and public employers.	9711

(B)(1) "Public employer" means the state or any political	9712
subdivision of the state located entirely within the state,	9713
including~~, without limitation,~~ any of the following:	9714

(a) A municipal corporation with a population of at least	9715
five thousand according to the most recent federal decennial	9716
census;	9717

(b) A county;

9718

(c) A township with a population of at least five thousand in	9719
the unincorporated area of the township according to the most	9720
recent federal decennial census;	9721

(d) A school district;

9722

(e) The governing authority of a conversion community school	9723
established under Chapter 3314. of the Revised Code, unless the	9724
governing authority has submitted a statement to the state	9725
employment relations board under division (A)(4) of section	9726
3314.10 of the Revised Code;	9727

(f) A state institution of higher learning;

9728

(g) A public or special district;

9729

(h) A state agency, authority, commission, or board; or

9730

(i) Any other branch of public employment. ~~"Public~~

9731

(2) Except as otherwise provided in division (B)(1)(e) of	9732
this section, "public employer" does not include ~~the~~either of the	9733
following:	9734

(a) The nonprofit corporation formed under section 187.01 of	9735
the Revised Code;	9736

(b) The governing authority of a community school established	9737
under Chapter 3314. of the Revised Code.	9738

(C) "Public employee" means any person holding a position by	9739
appointment or employment in the service of a public employer,	9740
~~including any person working pursuant to a contract between a~~	9741
~~public employer and a private employer and over whom the national~~	9742
~~labor relations board has declined jurisdiction on the basis that~~	9743
~~the involved employees are employees of a public employer,~~ except:	9744

(1) Persons holding elective office;

9745

(2) Employees of the general assembly and employees of any	9746
other legislative body of the public employer whose principal	9747
duties are directly related to the legislative functions of the	9748
body;	9749

(3) Employees on the staff of the governor or the chief	9750
executive of the public employer whose principal duties are	9751
directly related to the performance of the executive functions of	9752
the governor or the chief executive;	9753

(4) Persons who are members of the Ohio organized militia,	9754
while training or performing duty under section 5919.29 or 5923.12	9755
of the Revised Code;	9756

(5) Employees of the state employment relations board,	9757
including those employees of the state employment relations board	9758
utilized by the state personnel board of review in the exercise of	9759
the powers and the performance of the duties and functions of the	9760
state personnel board of review;	9761

(6) Confidential employees;

9762

(7) Management level employees;

9763

(8) Employees and officers of the courts, assistants to the	9764
attorney general, assistant prosecuting attorneys, and employees	9765
of the clerks of courts who perform a judicial function;	9766

(9) Employees ~~of a public official~~ who ~~act in a fiduciary~~	9767
~~capacity, appointed pursuant to~~are in the unclassified civil	9768
service under divisions (A)(8) and (9) of section 124.11 of the	9769
Revised Code;	9770

(10) Supervisors, including fire supervisory officers;

9771

(11) Students whose primary purpose is educational training,	9772
including graduate assistants or associates, residents, interns,	9773
or other students working as part-time public employees less than	9774
fifty per cent of the normal year in the employee's bargaining	9775
unit;	9776

(12) Employees of county boards of election;

9777

(13) Seasonal and casual employees as determined by the state	9778
employment relations board;	9779

(14) Part-time faculty members of an institution of higher	9780
education;	9781

(15) Participants in a work activity, developmental activity,	9782
or alternative work activity under sections 5107.40 to 5107.69 of	9783
the Revised Code who perform a service for a public employer that	9784
the public employer needs but is not performed by an employee of	9785
the public employer if the participant is not engaged in paid	9786
employment or subsidized employment pursuant to the activity;	9787

(16) Employees included in the career professional service of	9788
the department of transportation under section 5501.20 of the	9789
Revised Code;	9790

(17) Employees of community-based correctional facilities and	9791
district community-based correctional facilities created under	9792
sections 2301.51 to 2301.58 of the Revised Code who are not	9793
subject to a collective bargaining agreement on June 1, 2005;	9794

(18) Employees of a regional council of government created	9795
under Chapter 167. of the Revised Code.	9796

(D) "Employee organization" means any labor or bona fide	9797
organization in which public employees participate and that exists	9798
for the purpose, in whole or in part, of dealing with public	9799
employers concerning grievances, labor disputes, wages, hours,	9800
terms, and ~~other~~ conditions of employment.	9801

(E) "Exclusive representative" means the employee	9802
organization certified or recognized as an exclusive	9803
representative under section 4117.05 of the Revised Code.	9804

(F) "Supervisor" means any individual who has authority, in	9805
the interest of the public employer, to hire, transfer, suspend,	9806
lay off, recall, promote, discharge, assign, reward, or discipline	9807
other public employees; to responsibly direct them; to adjust	9808
their grievances; or to effectively recommend such action, if the	9809
exercise of that authority is not of a merely routine or clerical	9810
nature, but requires the use of independent judgment, provided	9811
that:	9812

(1) Employees of school districts who are department	9813
chairpersons or consulting teachers shall not be deemed	9814
supervisors;	9815

(2) ~~With respect to members of a police or fire department,~~	9816
~~no person shall be deemed a supervisor except the chief of the~~	9817
~~department or those individuals who, in the absence of the chief,~~	9818
~~are authorized to exercise the authority and perform the duties of~~	9819
~~the chief of the department. Where prior to June 1, 1982, a public~~	9820
~~employer pursuant to a judicial decision, rendered in litigation~~	9821
~~to which the public employer was a party, has declined to engage~~	9822
~~in collective bargaining with members of a police or fire~~	9823
~~department on the basis that those members are supervisors, those~~	9824
~~members of a police or fire department do not have the rights~~	9825
~~specified in this chapter for the purposes of future collective~~	9826
~~bargaining. The state employment relations board shall decide all~~	9827
~~disputes concerning the application of division (F)(2) of this~~	9828
~~section.~~	9829

~~(3)~~ With respect to faculty members of a state institution of	9830
higher education, heads of departments or divisions are	9831
supervisors; ~~however, no other~~in addition, any faculty member or	9832
group of faculty members ~~is a supervisor solely because the~~	9833
~~faculty member or group of faculty members~~that participate in	9834
decisions with respect to courses, curriculum, personnel, or other	9835
matters of academic or institutional policy are supervisors or	9836
management level employees;	9837

~~(4)~~(3) No teacher as defined in section 3319.09 of the	9838
Revised Code shall be designated as a supervisor or a management	9839
level employee unless the teacher is employed under a contract	9840
governed by section 3319.01, 3319.011, or 3319.02 of the Revised	9841
Code and is assigned to a position for which a license deemed to	9842
be for administrators under state board rules is required pursuant	9843
to section 3319.22 of the Revised Code.	9844

(G) "To bargain collectively" means to perform the mutual	9845
obligation of the public employer, by its representatives, and the	9846
representatives of its employees to negotiate in good faith at	9847
reasonable times and places with respect to wages, hours, terms,	9848
and ~~other~~ conditions of employment ~~and the continuation,~~	9849
~~modification, or deletion of an existing provision of a collective~~	9850
~~bargaining agreement~~, with the intention of reaching an agreement,	9851
or to resolve questions arising under the agreement. "To bargain	9852
collectively" includes executing a written contract incorporating	9853
the terms of any agreement reached. The obligation to bargain	9854
collectively does not mean that either party is compelled to agree	9855
to a proposal nor does it require the making of a concession.	9856

(H) "Strike" ~~means continuous concerted action in failing to~~	9857
~~report to duty; willful absence from one's position; or stoppage~~	9858
~~of work in whole from the full, faithful, and proper performance~~	9859
~~of the duties of employment, for the purpose of inducing,~~	9860
~~influencing, or coercing a change in wages, hours, terms, and~~	9861
~~other conditions of employment. "Strike" does not include a~~	9862
~~stoppage of work by employees in good faith because of dangerous~~	9863
~~or unhealthful working conditions at the place of employment that~~	9864
~~are abnormal to the place of employment.~~	9865

~~(I) "Unauthorized strike"~~ includes, but is not limited to,	9866
concerted action ~~during the term or extended term of a collective~~	9867
~~bargaining agreement or during the pendency of the settlement~~	9868
~~procedures set forth in section 4117.14 of the Revised Code~~ in	9869
failing to report to duty; willful absence from one's position;	9870
stoppage of work; slowdown, or abstinence in whole or in part from	9871
the full, faithful, and proper performance of the duties of	9872
employment for the purpose of inducing, influencing, or coercing a	9873
change in wages, hours, terms, and ~~other~~ conditions of employment.	9874
~~"Unauthorized strike"~~"Strike" includes any such action, absence,	9875
stoppage, slowdown, or abstinence when done partially or	9876
intermittently~~, whether during or after the expiration of the term~~	9877
~~or extended term of a collective bargaining agreement or during or~~	9878
~~after the pendency of the settlement procedures set forth in~~	9879
~~section 4117.14 of the Revised Code~~.	9880

~~(J)~~(I) "Professional employee" means any employee engaged in	9881
work that is predominantly intellectual, involving the consistent	9882
exercise of discretion and judgment in its performance and	9883
requiring knowledge of an advanced type in a field of science or	9884
learning customarily acquired by a prolonged course in an	9885
institution of higher learning or a hospital, as distinguished	9886
from a general academic education or from an apprenticeship; or an	9887
employee who has completed the courses of specialized intellectual	9888
instruction and is performing related work under the supervision	9889
of a professional person to become qualified as a professional	9890
employee.	9891

~~(K)~~(J) "Confidential employee" means any employee who works	9892
in the personnel offices of a public employer and deals with	9893
information to be used by the public employer in collective	9894
bargaining; or any employee who works in a close continuing	9895
relationship with public officers or representatives directly	9896
participating in collective bargaining on behalf of the employer.	9897

~~(L)~~(K) "Management level employee" means an individual who	9898
formulates policy on behalf of the public employer, who	9899
responsibly directs the implementation of policy, or who may	9900
reasonably be required on behalf of the public employer to assist	9901
in the preparation for the conduct of collective negotiations,	9902
administer collectively negotiated agreements, or have a major	9903
role in personnel administration. Assistant superintendents,	9904
principals, and assistant principals whose employment is governed	9905
by section 3319.02 of the Revised Code are management level	9906
employees. With respect to members of a faculty of a state	9907
institution of higher education, ~~no person is a management level~~	9908
~~employee because of the person's involvement in the formulation or~~	9909
~~implementation of academic or institution policy~~any faculty who,	9910
individually or through a faculty senate or like organization,	9911
participate in the governance of the institution, are involved in	9912
personnel decisions, selection or review of administrators,	9913
planning and use of physical resources, budget preparation, and	9914
determination of educational policies related to admissions,	9915
curriculum, subject matter, and methods of instruction and	9916
research are management level employees.	9917

~~(M)~~(L) "Wages" means hourly rates of pay, salaries, or other	9918
forms of compensation for services rendered.	9919

~~(N)~~(M) "Member of a police department" means a person who is	9920
in the employ of a police department of a municipal corporation as	9921
a full-time regular police officer as the result of an appointment	9922
from a duly established civil service eligibility list or under	9923
section 737.15 or 737.16 of the Revised Code, a full-time deputy	9924
sheriff appointed under section 311.04 of the Revised Code, a	9925
township constable appointed under section 509.01 of the Revised	9926
Code, or a member of a township police district police department	9927
appointed under section 505.49 of the Revised Code.	9928

~~(O)~~(N) "Members of the state highway patrol" means highway	9929
patrol troopers and radio operators appointed under section	9930
5503.01 of the Revised Code.	9931

~~(P)~~(O) "Member of a fire department" means a person who is in	9932
the employ of a fire department of a municipal corporation or a	9933
township as a fire cadet, full-time regular firefighter, or	9934
promoted rank as the result of an appointment from a duly	9935
established civil service eligibility list or under section	9936
505.38, 709.012, or 737.22 of the Revised Code.	9937

~~(Q)~~(P) "Day" means calendar day.

9938

Sec. 4117.02. (A) There is hereby created the state	9939
employment relations board, consisting of three members to be	9940
appointed by the governor with the advice and consent of the	9941
senate. Members shall be knowledgeable about labor relations or	9942
personnel practices. No more than two of the three members shall	9943
belong to the same political party. A member of the state	9944
employment relations board during the member's period of service	9945
shall hold no other public office or public or private employment	9946
and shall allow no other responsibilities to interfere or conflict	9947
with the member's duties as a full-time state employment relations	9948
board member. Of the initial appointments made to the state	9949
employment relations board, one shall be for a term ending October	9950
6, 1984, one shall be for a term ending October 6, 1985, and one	9951
shall be for a term ending October 6, 1986. Thereafter, terms of	9952
office shall be for six years, each term ending on the same day of	9953
the same month of the year as did the term that it succeeds. Each	9954
member shall hold office from the date of the member's appointment	9955
until the end of the term for which the member is appointed. Any	9956
member appointed to fill a vacancy occurring prior to the	9957
expiration of the term for which the member's predecessor was	9958
appointed shall hold office for the remainder of the term. Any	9959
member shall continue in office subsequent to the expiration of	9960
the member's term until the member's successor takes office or	9961
until a period of sixty days has elapsed, whichever occurs first.	9962
The governor may remove any member of the state employment	9963
relations board, upon notice and public hearing, for neglect of	9964
duty or malfeasance in office, but for no other cause.	9965

(B)(1) The governor shall designate one member of the state	9966
employment relations board to serve as chairperson of the state	9967
employment relations board. The chairperson is the head of the	9968
state employment relations board and its chief executive officer.	9969

(2) The chairperson shall exercise all administrative powers	9970
and duties conferred upon the state employment relations board	9971
under this chapter and shall do all of the following:	9972

(a) Employ, promote, supervise, and remove all employees of	9973
the state employment relations board, and establish, change, or	9974
abolish positions and assign or reassign the duties of those	9975
employees as the chairperson determines necessary to achieve the	9976
most efficient performance of the duties of the state employment	9977
relations board under this chapter;	9978

(b) Determine the utilization by the state personnel board of	9979
review of employees of the state employment relations board as	9980
necessary for the state personnel board of review to exercise the	9981
powers and perform the duties of the state personnel board of	9982
review.	9983

(c) Maintain the office of the state employment relations	9984
board in Columbus and manage the office's daily operations,	9985
including securing offices, facilities, equipment, and supplies	9986
necessary to house the state employment relations board, employees	9987
of the state employment relations board, the state personnel board	9988
of review, and files and records under the control of the state	9989
employment relations board and under the control of the state	9990
personnel board of review;	9991

(d) Prepare and submit to the office of budget and management	9992
a budget for each biennium according to section 107.03 of the	9993
Revised Code, and include in the budget the costs of the state	9994
employment relations board and its staff and the costs of the	9995
state employment relations board in discharging any duty imposed	9996
by law upon the state employment relations board, the chairperson,	9997
or any of the employees or agents of the state employment	9998
relations board, and the costs of the state personnel board of	9999
review in discharging any duty imposed by law on the state	10000
personnel board of review or an agent of the state personnel board	10001
of review.	10002

(C) The vacancy on the state employment relations board does	10003
not impair the right of the remaining members to exercise all the	10004
powers of the state employment relations board, and two members of	10005
the state employment relations board, at all times, constitute a	10006
quorum. The state employment relations board shall have an	10007
official seal of which courts shall take judicial notice.	10008

(D) The state employment relations board shall make an annual	10009
report in writing to the governor and to the general assembly,	10010
stating in detail the work it has done.	10011

(E) Compensation of the chairperson and members shall be in	10012
accordance with division ~~(J)~~(A) of section 124.15 of the Revised	10013
Code. The chairperson and the members are eligible for	10014
reappointment. In addition to such compensation, all members shall	10015
be reimbursed for their necessary expenses incurred in the	10016
performance of their work as members.	10017

(F)(1) The chairperson, after consulting with the other state	10018
employment relations board members and receiving the consent of at	10019
least one other board member, shall appoint an executive director.	10020
The chairperson also shall appoint attorneys and shall appoint an	10021
assistant executive director who shall be an attorney admitted to	10022
practice law in this state and who shall serve as a liaison to the	10023
attorney general on legal matters before the state employment	10024
relations board.	10025

(2) The state employment relations board shall appoint	10026
~~members of fact-finding panels~~fact-finders and shall prescribe	10027
their job duties.	10028

(G)(1) The executive director shall serve at the pleasure of	10029
the chairperson. The executive director, under the direction of	10030
the chairperson, shall do all of the following:	10031

(a) Act as chief administrative officer for the state	10032
employment relations board;	10033

(b) Ensure that all employees of the state employment	10034
relations board comply with the rules of the state employment	10035
relations board;	10036

(c) Do all things necessary for the efficient and effective	10037
implementation of the duties of the state employment relations	10038
board.	10039

(2) The duties of the executive director described in	10040
division (G)(1) of this section do not relieve the chairperson	10041
from final responsibility for the proper performance of the duties	10042
described in that division.	10043

(H) The attorney general shall be the legal adviser of the	10044
state employment relations board and shall appear for and	10045
represent the state employment relations board and its agents in	10046
all legal proceedings. The state employment relations board may	10047
utilize regional, local, or other agencies, and utilize voluntary	10048
and uncompensated services as needed. The state employment	10049
relations board may contract with the federal mediation and	10050
conciliation service for the assistance of mediators, arbitrators,	10051
and other personnel the service makes available. The chairperson	10052
shall appoint all employees on the basis of training, practical	10053
experience, education, and character, notwithstanding the	10054
requirements established by section 119.09 of the Revised Code.	10055
The chairperson shall give special regard to the practical	10056
training and experience that employees have for the particular	10057
position involved. The executive director, assistant executive	10058
director, administrative law judges, employees holding a fiduciary	10059
or administrative relation to the state employment relations board	10060
as described in division (A)(9) of section 124.11 of the Revised	10061
Code, and the personal secretaries and assistants of the state	10062
employment relations board members are in the unclassified	10063
service. All other full-time employees of the state employment	10064
relations board are in the classified service. All employees of	10065
the state employment relations board shall be paid in accordance	10066
with Chapter 124. of the Revised Code.	10067

(I) The chairperson shall select and assign administrative	10068
law judges and other agents whose functions are to conduct	10069
hearings with due regard to their impartiality, judicial	10070
temperament, and knowledge. If in any proceeding under this	10071
chapter, any party prior to five days before the hearing thereto	10072
files with the state employment relations board a sworn statement	10073
charging that the administrative law judge or other agent	10074
designated to conduct the hearing is biased or partial in the	10075
proceeding, the state employment relations board may disqualify	10076
the person and designate another administrative law judge or agent	10077
to conduct the proceeding. At least ten days before any hearing,	10078
the state employment relations board shall notify all parties to a	10079
proceeding of the name of the administrative law judge or agent	10080
designated to conduct the hearing.	10081

(J) The principal office of the state employment relations	10082
board is in Columbus, but it may meet and exercise any or all of	10083
its powers at any other place within the state. The state	10084
employment relations board may, by one or more of its employees,	10085
or any agents or agencies it designates, conduct in any part of	10086
this state any proceeding, hearing, investigation, inquiry, or	10087
election necessary to the performance of its functions; provided,	10088
that no person so designated may later sit in determination of an	10089
appeal of the decision of that cause or matter.	10090

(K) In addition to the powers and functions provided in other	10091
sections of this chapter, the state employment relations board	10092
shall do all of the following:	10093

(1) Create a bureau of mediation within the state employment	10094
relations board, to perform the functions provided in section	10095
4117.14 of the Revised Code. This bureau shall also establish,	10096
after consulting representatives of employee organizations and	10097
public employers, panels of qualified persons to be available to	10098
serve as ~~members of fact-finding panels~~fact-finders and	10099
arbitrators.	10100

(2) Conduct studies of problems involved in representation	10101
and negotiation and make recommendations for legislation;	10102

(3) Hold hearings pursuant to this chapter and, for the	10103
purpose of the hearings and inquiries, administer oaths and	10104
affirmations, examine witnesses and documents, take testimony and	10105
receive evidence, compel the attendance of witnesses and the	10106
production of documents by the issuance of subpoenas, and delegate	10107
these powers to any members of the state employment relations	10108
board or any administrative law judge employed by the state	10109
employment relations board for the performance of its functions;	10110

(4) Train representatives of employee organizations and	10111
public employers in the rules and techniques of collective	10112
bargaining procedures;	10113

(5) Make studies and analyses of, and act as a clearinghouse	10114
of information relating to, conditions of employment of public	10115
employees throughout the state and request assistance, services,	10116
and data from any public employee organization, public employer,	10117
or governmental unit. Public employee organizations, public	10118
employers, and governmental units shall provide such assistance,	10119
services, and data as will enable the state employment relations	10120
board to carry out its functions and powers.	10121

(6) Make available to employee organizations, public	10122
employers, mediators, ~~fact-finding panels~~fact-finders,	10123
arbitrators, and joint study committees statistical data relating	10124
to wages, benefits, and employment practices in public and private	10125
employment applicable to various localities and occupations to	10126
assist them to resolve issues in negotiations;	10127

(7) Notwithstanding section 119.13 of the Revised Code,	10128
establish standards of persons who practice before it;	10129

(8) Adopt, amend, and rescind rules and procedures and	10130
exercise other powers appropriate to carry out this chapter.	10131
Before the adoption, amendment, or rescission of rules and	10132
procedures under this section, the state employment relations	10133
board shall do all of the following:	10134

(a) Maintain a list of interested public employers and	10135
employee organizations and mail notice to such groups of any	10136
proposed rule or procedure, amendment thereto, or rescission	10137
thereof at least thirty days before any public hearing thereon;	10138

(b) Mail a copy of each proposed rule or procedure, amendment	10139
thereto, or rescission thereof to any person who requests a copy	10140
within five days after receipt of the request therefor;	10141

(c) Consult with appropriate statewide organizations	10142
representing public employers or employees who would be affected	10143
by the proposed rule or procedure.	10144

Although the state employment relations board is expected to	10145
discharge these duties diligently, failure to mail any notice or	10146
copy, or to so consult with any person, is not jurisdictional and	10147
shall not be construed to invalidate any proceeding or action of	10148
the state employment relations board.	10149

(L) In case of neglect or refusal to obey a subpoena issued	10150
to any person, the court of common pleas of the county in which	10151
the investigation or the public hearing occurs, upon application	10152
by the state employment relations board, may issue an order	10153
requiring the person to appear before the state employment	10154
relations board and give testimony about the matter under	10155
investigation. The court may punish a failure to obey the order as	10156
contempt.	10157

(M) Any subpoena, notice of hearing, or other process or	10158
notice of the state employment relations board issued under this	10159
section may be served personally, by certified mail, or by leaving	10160
a copy at the principal office or personal residence of the	10161
respondent required to be served. A return, made and verified by	10162
the individual making the service and setting forth the manner of	10163
service, is proof of service, and a return post office receipt,	10164
when certified mail is used, is proof of service. All process in	10165
any court to which application is made under this chapter may be	10166
served in the county wherein the persons required to be served	10167
reside or are found.	10168

(N) All expenses of the state employment relations board,	10169
including all necessary traveling and subsistence expenses	10170
incurred by the members or employees of the state employment	10171
relations board under its orders, shall be paid pursuant to	10172
itemized vouchers approved by the chairperson of the state	10173
employment relations board, the executive director, or both, or	10174
such other person as the chairperson designates for that purpose.	10175

(O) Whenever the state employment relations board determines	10176
that a substantial controversy exists with respect to the	10177
application or interpretation of this chapter and the matter is of	10178
public or great general interest, the state employment relations	10179
board shall certify its final order directly to the court of	10180
appeals having jurisdiction over the area in which the principal	10181
office of the public employer directly affected by the application	10182
or interpretation is located. The chairperson shall file with the	10183
clerk of the court a certified copy of the transcript of the	10184
proceedings before the state employment relations board pertaining	10185
to the final order. If upon hearing and consideration the court	10186
decides that the final order of the state employment relations	10187
board is unlawful or is not supported by substantial evidence on	10188
the record as a whole, the court shall reverse and vacate the	10189
final order or modify it and enter final judgment in accordance	10190
with the modification; otherwise, the court shall affirm the final	10191
order. The notice of the final order of the state employment	10192
relations board to the interested parties shall contain a	10193
certification by the chairperson of the state employment relations	10194
board that the final order is of public or great general interest	10195
and that a certified transcript of the record of the proceedings	10196
before the state employment relations board had been filed with	10197
the clerk of the court as an appeal to the court. For the purposes	10198
of this division, the state employment relations board has	10199
standing to bring its final order properly before the court of	10200
appeals.	10201

(P) Except as otherwise specifically provided in this	10202
section, the state employment relations board is subject to	10203
Chapter 119. of the Revised Code, including the procedure for	10204
submission of proposed rules to the general assembly for	10205
legislative review under division (H) of section 119.03 of the	10206
Revised Code.	10207

Sec. 4117.03. (A) Public employees have the right to:

10208

(1) Form, join, assist, or participate in, or refrain from	10209
forming, joining, assisting, or participating in, except as	10210
otherwise provided in Chapter 4117. of the Revised Code, any	10211
employee organization of their own choosing;	10212

(2) Engage in other concerted activities for the purpose of	10213
collective bargaining or other mutual aid and protection;	10214

(3) Representation by an employee organization;

10215

(4) Bargain collectively with their public employers to	10216
determine wages, hours, terms and ~~other~~ conditions of employment	10217
~~and the continuation, modification, or deletion of an existing~~	10218
~~provision of a collective bargaining agreement,~~ and enter into	10219
collective bargaining agreements;	10220

(5) Present grievances and have them adjusted, without the	10221
intervention of the bargaining representative, as long as the	10222
adjustment is not inconsistent with the terms of the collective	10223
bargaining agreement then in effect and as long as the bargaining	10224
representatives have the opportunity to be present at the	10225
adjustment.	10226

(B) Persons on active duty or acting in any capacity as	10227
members of the organized militia do not have collective bargaining	10228
rights. Employees of a community school established under Chapter	10229
3314. of the Revised Code do not have collective bargaining	10230
rights, except as provided in section 3314.10 of the Revised Code.	10231
A community school established under Chapter 3314. of the Revised	10232
Code shall not bargain collectively with its employees, except as	10233
provided in section 3314.10 of the Revised Code.	10234

(C) Except as provided in division (D) of this section,	10235
nothing in Chapter 4117. of the Revised Code prohibits public	10236
employers from electing to engage in collective bargaining, to	10237
meet and confer, to hold discussions, or to engage in any other	10238
form of collective negotiations with public employees who are not	10239
subject to Chapter 4117. of the Revised Code pursuant to division	10240
(C) of section 4117.01 of the Revised Code.	10241

(D) A public employer shall not engage in collective	10242
bargaining or other forms of collective negotiations with the	10243
employees of county boards of elections referred to in division	10244
(C)(12) of section 4117.01 of the Revised Code.	10245

~~(E) Employees of public schools may bargain collectively for~~	10246
~~health care benefits; however, all health care benefits shall~~	10247
~~include best practices prescribed by the school employees health~~	10248
~~care board, in accordance with section 9.901 of the Revised Code.~~	10249

Sec. 4117.05. (A) An employee organization becomes the	10250
exclusive representative of all the public employees in an	10251
appropriate unit for the purposes of collective bargaining by	10252
either:	10253

(1) Being certified by the state employment relations board	10254
when a majority of the voting employees in the unit select the	10255
employee organization as their representative in a board-conducted	10256
election under section 4117.07 of the Revised Code;	10257

(2) Filing a request with a public employer with a copy to	10258
the state employment relations board for recognition as an	10259
exclusive representative. In the request for recognition, the	10260
employee organization shall describe the bargaining unit, shall	10261
allege that a majority of the employees in the bargaining unit	10262
wish to be represented by the employee organization, and shall	10263
support the request with substantial evidence based on, and in	10264
accordance with, rules prescribed by the board demonstrating that	10265
a majority of the employees in the bargaining unit wish to be	10266
represented by the employee organization. Immediately upon receipt	10267
of a request, the public employer shall either request an election	10268
under division (A)(2) of section 4117.07 of the Revised Code, or	10269
take the following action:	10270

(a) Post notice in each facility at which employees in the	10271
proposed unit are employed, setting forth the description of the	10272
bargaining unit, the name of the employee organization requesting	10273
recognition, and the date of the request for recognition, and	10274
advising employees that objections to certification must be filed	10275
with the state employment relations board not later than the	10276
~~twenty-first~~thirtieth day following the date of the request for	10277
recognition;	10278

(b) Immediately notify the state employment relations board	10279
of the request for recognition.	10280

The state employment relations board shall ~~certify the~~	10281
~~employee organization filing the request for recognition on the~~	10282
~~twenty-second~~investigate the request for recognition and proposed	10283
bargaining unit on the thirty-first day following the filing of	10284
the request for recognition, unless by the ~~twenty-first~~thirtieth	10285
day following the filing of the request for recognition it	10286
receives:	10287

(i) A petition for an election from the public employer	10288
pursuant to division (A)(2) of section 4117.07 of the Revised	10289
Code;	10290

(ii) Substantial evidence based on, and in accordance with,	10291
rules prescribed by the board demonstrating that a majority of the	10292
employees in the described bargaining unit do not wish to be	10293
represented by the employee organization filing the request for	10294
recognition;	10295

(iii) Substantial evidence based on, and in accordance with,	10296
rules prescribed by the board from another employee organization	10297
demonstrating that at least ten per cent of the employees in the	10298
described bargaining unit wish to be represented by such other	10299
employee organization; or	10300

(iv) Substantial evidence based on, and in accordance with,	10301
rules prescribed by the board indicating that the proposed unit is	10302
not an appropriate unit pursuant to section 4117.06 of the Revised	10303
Code.	10304

(B) Nothing in this section shall be construed to permit a	10305
public employer to recognize, or the state employment relations	10306
board to certify, an employee organization as an exclusive	10307
representative under Chapter 4117. of the Revised Code if there is	10308
in effect a lawful written agreement, contract, or memorandum of	10309
understanding between the public employer and another employee	10310
organization which, on the effective date of this ~~section~~	10311
amendment, has been recognized by a public employer as the	10312
exclusive representative of the employees in a unit or which by	10313
tradition, custom, practice, election, or negotiation has been the	10314
only employee organization representing all employees in the unit;	10315
this restriction does not apply to that period of time covered by	10316
any agreement which exceeds three years. For the purposes of this	10317
section, extensions of agreement do not affect the expiration of	10318
the original agreement.	10319

(C) Another employee organization, employees currently	10320
represented by the employee organization, or the public employer	10321
of the public employees may file a petition for decertification	10322
with the board that is supported by substantial evidence, based on	10323
and in accordance with rules adopted by the board, demonstrating	10324
that at least thirty per cent of the employees in the described	10325
bargaining unit support the petition. The petition may be	10326
submitted at any time subsequent to one hundred twenty days prior	10327
to the expiration of the collective bargaining agreement.	10328

(D) Nonexclusive or deemed certified recognition previously	10329
granted through an agreement or memorandum of understanding shall	10330
not preclude the board from doing any of the following:	10331

(1) Determining an appropriate unit;

10332

(2) If necessary, removing classifications from a bargaining	10333
unit under an existing nonexclusive contract, agreement, or	10334
memorandum of understanding;	10335

(3) Holding an election to determine an exclusive	10336
representative for all those employees deemed a part of the	10337
appropriate unit.	10338

Sec. 4117.06. (A) The state employment relations board shall	10339
decide in each case the unit most appropriate for the purposes of	10340
collective bargaining. The determination is final and conclusive	10341
and not appealable to the court.	10342

(B) The board shall determine the appropriateness of each	10343
bargaining unit and shall consider among other relevant factors:	10344
the desires of the employees; the community of interest; wages,	10345
hours, and other working conditions of the public employees; the	10346
effect of over-fragmentation; the efficiency of operations of the	10347
public employer; the administrative structure of the public	10348
employer; and the history of collective bargaining.	10349

(C) ~~The board may determine a unit to be the appropriate unit~~	10350
~~in a particular case, even though some other unit might also be~~	10351
~~appropriate.~~	10352

~~(D)~~ In addition, in determining the appropriate unit, the	10353
board shall not:	10354

(1) Decide that any unit is appropriate if the unit includes	10355
both professional and nonprofessional employees, unless a majority	10356
of the professional employees and a majority of the	10357
nonprofessional employees first vote for inclusion in the unit;	10358

(2) Include guards or correction officers at correctional or	10359
mental institutions, special police officers appointed in	10360
accordance with sections 5119.14 and 5123.13 of the Revised Code,	10361
psychiatric attendants employed at mental health forensic	10362
facilities, youth leaders employed at juvenile correction	10363
facilities, or any public employee employed as a guard to enforce	10364
against other employees rules to protect property of the employer	10365
or to protect the safety of persons on the employer's premises in	10366
a unit with other employees;	10367

(3) Include members of a police or fire department or members	10368
of the state highway patrol in a unit with other classifications	10369
of public employees of the department;	10370

(4) Designate as appropriate a bargaining unit that contains	10371
more than one institution of higher education; nor shall it within	10372
any such institution of higher education designate as appropriate	10373
a unit where such designation would be inconsistent with the	10374
accreditation standards or interpretations of such standards,	10375
governing such institution of higher education or any department,	10376
school, or college thereof. For the purposes of this division, any	10377
branch or regional campus of a public institution of higher	10378
education is part of that institution of higher education.	10379

(5) Designate as appropriate a bargaining unit that contains	10380
employees within the jurisdiction of more than one elected county	10381
office holder, unless the county-elected office holder and the	10382
board of county commissioners agree to such other designation;	10383

(6) With respect to members of a police department, designate	10384
as appropriate a unit that includes rank and file members of the	10385
department with members who are of the rank of sergeant or above,	10386
or with respect to members of a fire department, designate as	10387
appropriate a unit that includes rank and file members of the	10388
department with members who are of the rank of lieutenant or	10389
above;	10390

(7) Except as otherwise provided by division ~~(A)(3) of~~	10391
~~section 3314.10 or division~~ (B) of section 3326.18 of the Revised	10392
Code, designate as appropriate a bargaining unit that contains	10393
employees from multiple ~~community schools established under~~	10394
~~Chapter 3314. or multiple~~ science, technology, engineering, and	10395
mathematics schools established under Chapter 3326. of the Revised	10396
Code. For purposes of this division, more than one unit may be	10397
designated within a single ~~community school or~~ science,	10398
technology, engineering, and mathematics school.	10399

This section shall not be deemed to prohibit multiunit	10400
bargaining.	10401

Any bargaining unit of a fire department that does not	10402
conform to division (C)(6) of this section on the effective date	10403
of this amendment shall cease to be an appropriate unit upon the	10404
expiration of the collective bargaining agreement covering that	10405
unit that is in effect on the effective date of this amendment or	10406
three years after the effective date of this amendment, whichever	10407
is earlier. Thereafter, the board shall designate the appropriate	10408
unit for the fire department in accordance with division (C)(6) of	10409
this section.	10410

Sec. 4117.07. (A) When a petition is filed, in accordance	10411
with rules prescribed by the state employment relations board:	10412

(1) By any employee or group of employees, or any individual	10413
or employee organization acting in their behalf, alleging that at	10414
least thirty per cent of the employees in an appropriate unit wish	10415
to be represented for collective bargaining by an exclusive	10416
representative, or asserting that the designated exclusive	10417
representative is no longer the representative of the majority of	10418
employees in the unit, the board shall investigate the petition,	10419
and if it has reasonable cause to believe that a question of	10420
representation exists, provide for an appropriate hearing upon due	10421
notice to the parties;	10422

(2) By the employer alleging that one or more employee	10423
organizations has presented to it a claim to be recognized as the	10424
exclusive representative in an appropriate unit, the board shall	10425
investigate the petition, and if it has reasonable cause to	10426
believe that a question of representation exists, provide for an	10427
appropriate hearing upon due notice to the parties.	10428

If the board finds upon the record of a hearing that a	10429
question of representation exists, it shall direct an election and	10430
certify the results thereof. No one may vote in an election by	10431
proxy. The board shall not certify any exclusive representative	10432
without an election in any case in which the public employer has	10433
filed a petition for election in accordance with division (A) of	10434
this section, except the board may ~~also~~ certify an employee	10435
organization as an exclusive representative if it determines that	10436
a free and untrammelled election cannot be conducted because of	10437
the employer's unfair labor practices and that at one time the	10438
employee organization had the support of the majority of the	10439
employees in the unit.	10440

(B) Only the names of those employee organizations designated	10441
by more than ten per cent of the employees in the unit found to be	10442
appropriate may be placed on the ballot. Nothing in this section	10443
shall be construed to prohibit the waiving of hearings by	10444
stipulation, in conformity with the rules of the board, for the	10445
purpose of a consent election.	10446

(C) The board shall conduct representation elections by	10447
secret ballot cast, at the board's discretion, by mail or	10448
electronically or in person, and at times and places selected by	10449
the board subject to the following:	10450

(1) The board shall give no less than ten days' notice of the	10451
time and place of an election;	10452

(2) The board shall establish rules concerning the conduct of	10453
any election including, but not limited to, rules to guarantee the	10454
secrecy of the ballot;	10455

(3) The board may not certify a representative unless the	10456
representative receives a majority of the valid ballots cast;	10457

(4) Except as provided in this section, the board shall	10458
include on the ballot a choice of "no representative";	10459

(5) In an election where none of the choices on the ballot	10460
receives a majority, the board shall conduct a runoff election. In	10461
that case, the ballot shall provide for a selection between the	10462
two choices or parties receiving the highest and the second	10463
highest number of ballots cast in the election.	10464

(6) The board may not conduct an election under this section	10465
in any appropriate bargaining unit within which a board-conducted	10466
election was held in the preceding twelve-month period, nor during	10467
the term of any lawful collective bargaining agreement between a	10468
public employer and an exclusive representative that was entered	10469
into before the effective date of this section.	10470

Petitions for elections may be filed with the board no sooner	10471
than one hundred twenty days ~~or later than ninety days~~ before the	10472
expiration date of any collective bargaining agreement, or after	10473
the expiration date~~, until the public employer and exclusive~~	10474
~~representative enter into a new written agreement~~.	10475

No collective bargaining agreement entered into on or after	10476
the effective date of this amendment shall bar the conduct of an	10477
election or certification pursuant to a petition that is timely	10478
filed in accordance with this section.	10479

For the purposes of this section, extensions of agreements do	10480
not affect the expiration date of the original agreement.	10481

Sec. 4117.08. (A) All matters pertaining to wages, hours, or	10482
and terms and ~~other~~ conditions of employment ~~and the continuation,~~	10483
~~modification, or deletion of an existing provision of a collective~~	10484
~~bargaining agreement~~ are subject to collective bargaining between	10485
the public employer and the exclusive representative, except as	10486
otherwise specified in this section and ~~division (E) of~~ section	10487
~~4117.03~~4117.081 of the Revised Code. Any existing provision of a	10488
collective bargaining agreement that was modified, renewed, or	10489
extended from a prior collective bargaining agreement that does	10490
not concern wages, hours, and terms and conditions shall not be a	10491
mandatory subject of collective bargaining and shall not be	10492
subject to any impasse procedure without the mutual agreement of	10493
both the public employer and exclusive representative. The	10494
inclusion of a provision in a previous collective bargaining	10495
agreement shall not be used as a basis for the provision being	10496
determined to concern wages, hours, and terms and conditions.	10497

(B) The following subjects are not appropriate subjects for	10498
collective bargaining:	10499

(1) The conduct and grading of civil service examinations,	10500
the rating of candidates, the establishment of eligible lists from	10501
the examinations, and the original appointments from the eligible	10502
lists ~~are not appropriate subjects for collective bargaining~~;	10503

(2) Health care benefits, except that, subject to division	10504
(E) of this section, the amount of the cost of those benefits for	10505
which a public employer and the public employees of the public	10506
employer pays is an appropriate subject of collective bargaining;	10507

(3) The payment of a contribution by a public employer to the	10508
public employees retirement system, the Ohio police and fire	10509
pension fund, the state teachers retirement system, the state	10510
highway patrol retirement system, or the school employees	10511
retirement system on behalf of an employee, contributor, or	10512
teacher, as applicable, that the employee, contributor, or teacher	10513
otherwise is required to pay;	10514

(4) The privatization of a public employer's services or	10515
contracting out of the public employer's work;	10516

(5) The number of employees required to be on duty or	10517
employed in any department, division, or facility of a public	10518
employer.	10519

(C) Unless a public employer specifically agrees otherwise in	10520
an express written provision of a collective bargaining agreement,	10521
nothing in Chapter 4117. of the Revised Code impairs the right and	10522
responsibility of each public employer to:	10523

(1) ~~Determine matters of inherent managerial policy which~~	10524
~~include, but are not limited to areas of discretion or policy such~~	10525
~~as the functions and programs of the public employer, standards of~~	10526
~~services, its overall budget, utilization of technology, and~~	10527
~~organizational structure;~~	10528

~~(2) Direct, supervise, evaluate, or hire employees;~~

10529

~~(3) Maintain and improve the efficiency and effectiveness of~~	10530
~~governmental operations;~~	10531

~~(4) Determine the overall methods, process, means, or~~	10532
~~personnel by which governmental operations are to be conducted;~~	10533

~~(5) Suspend, discipline, demote, or discharge for just cause,~~	10534
~~or lay off, transfer, assign, schedule, promote, or retain~~	10535
~~employees;~~	10536

~~(6) Determine the adequacy of the work force;~~

10537

~~(7) Determine the overall mission of the employer as a unit~~	10538
~~of government;~~	10539

~~(8) Effectively manage the work force;~~

10540

~~(9) Take actions to carry out the mission of the public~~	10541
~~employer as a governmental unit~~Hire, discharge, transfer,	10542
suspend, or discipline employees;	10543

(2) Determine the number of persons required to be employed	10544
or laid off;	10545

(3) Determine the qualifications of employees;

10546

(4) Determine the starting and quitting time and the number	10547
of hours to be worked by its employees;	10548

(5) Make any and all reasonable rules and regulations;

10549

(6) Determine the work assignments of its employees;

10550

(7) Determine the basis for selection, retention, and	10551
promotion of employees;	10552

(8) Determine the type of equipment used and the sequence of	10553
work processes, except as provided in division (F) of this	10554
section;	10555

(9) Determine the making of technological alterations by	10556
revising either process or equipment or both, except as provided	10557
in division (F) of this section;	10558

(10) Determine work standards and the quality and quantity of	10559
work to be produced;	10560

(11) Select and locate buildings and other facilities;

10561

(12) Establish, expand, transfer, or consolidate work	10562
processes and facilities;	10563

(13) Transfer or subcontract work;

10564

(14) Consolidate, merge, or otherwise transfer any or all of	10565
its facilities, property processes, or work with or to any other	10566
municipal corporation or entity or effect or change in any respect	10567
the legal status, management, or responsibility of such property,	10568
facilities, processes, or work;	10569

(15) Terminate or eliminate all or any part of its work or	10570
facilities.	10571

The employer is not required to bargain on subjects reserved	10572
to the management and direction of the governmental unit ~~except as~~	10573
~~affect wages, hours, terms and conditions of employment, and the~~	10574
~~continuation, modification, or deletion of an existing provision~~	10575
~~of a collective bargaining agreement~~. A public employee or	10576
exclusive representative may raise a legitimate complaint or file	10577
a grievance based only on the violation of the express written	10578
provisions of a collective bargaining agreement.	10579

(D) During negotiations between a public employer and an	10580
exclusive representative, the parties shall consider, for purposes	10581
of determining the ability of the public employer to pay for any	10582
terms agreed to during collective bargaining, only the financial	10583
status of the public employer at the time period surrounding the	10584
negotiations. When determining whether the employer can pay for	10585
those terms, the parties shall consider the employer's inability	10586
to pay. The parties shall not consider either of the following	10587
when determining the ability of the public employer to pay for	10588
those terms:	10589

(1) Any potential future increase in the income of the public	10590
employer that would only be possible by the employer raising	10591
revenue, including, but not limited to, passing a levy or a bond	10592
issue;	10593

(2) The employer's ability to sell assets.

10594

(E) The provision of health care benefits for which the	10595
employer is required to pay more than eighty-five per cent of the	10596
cost is not an appropriate subject for collective bargaining. No	10597
public employer shall agree to a provision that requires the	10598
public employer to pay more than eighty-five per cent of the cost	10599
paid for health care benefits.	10600

(F) Notwithstanding division (C) of this section, equipment	10601
issues directly related to personal safety are subject to	10602
collective bargaining.	10603

Sec. 4117.081. (A) This section applies only to school	10604
districts, educational service centers, certain conversion	10605
community schools established under Chapter 3314. of the Revised	10606
Code, and STEM schools established under Chapter 3326. of the	10607
Revised Code.	10608

(B) No public employer to which this section applies shall	10609
enter into a collective bargaining agreement on or after the	10610
effective date of this section that does any of the following:	10611

(1) Requires the public employer to employ a minimum number	10612
of total personnel or any category of personnel;	10613

(2) Restricts the authority of the public employer or a	10614
district or service center superintendent to assign personnel to	10615
school buildings or restricts the authority of a building	10616
principal to designate the responsibilities and workloads of	10617
personnel assigned to the building;	10618

(3) Establishes a maximum number of students who may be	10619
assigned to a classroom or teacher;	10620

(4) Prohibits the public employer from making reductions in	10621
teachers or nonteaching employees for any applicable reason	10622
specified in division (B) of section 124.321 or section 3319.17 or	10623
3319.172 of the Revised Code or in a policy adopted under section	10624
3319.171 of the Revised Code;	10625

(5) Restricts the authority of the public employer, when	10626
making personnel reductions, to determine the order of layoffs;	10627

(6) Restricts the authority of the public employer to acquire	10628
noneducational services from another public or private entity	10629
through competitive bidding;	10630

(7) Restricts the authority of the public employer to acquire	10631
any products, programs, or services pursuant to section 3313.841,	10632
3313.842, 3313.843, or 3313.845 of the Revised Code;	10633

(8) Otherwise relinquishes, impairs, or restricts the	10634
managerial rights and responsibilities of the public employer	10635
described in division (C) of section 4117.08 of the Revised Code.	10636

(C)(1) Except as otherwise provided in division (C)(2) of	10637
this section, each collective bargaining agreement entered into on	10638
or after the effective date of this section between a public	10639
employer to which this section applies and its employees shall	10640
comply with all applicable state or local laws or ordinances	10641
regarding wages, hours, and terms and conditions of employment of	10642
public employees.	10643

(2) A collective bargaining agreement entered into on or	10644
after the effective date of this section may include a provision	10645
that conflicts with an applicable law or ordinance, if the	10646
provision establishes benefits that are less than the benefits	10647
conferred by the law or ordinance and division (A) of section	10648
4117.10 of the Revised Code does not require that the law or	10649
ordinance prevail over the conflicting provision. Any provision of	10650
the agreement that conflicts with an applicable law or ordinance	10651
and does not meet these requirements shall be void.	10652

(D) Notwithstanding division (A)(5) of section 4117.11 of the	10653
Revised Code, a public employer to which this section applies is	10654
not required to, and may refuse to, collectively bargain on the	10655
continuation, modification, or termination of a provision of an	10656
existing collective bargaining agreement.	10657

Sec. 4117.09. (A) The parties to any collective bargaining	10658
agreement shall reduce the agreement to writing and both execute	10659
it.	10660

(B) The agreement shall contain a provision that:

10661

(1) Provides for a grievance procedure which may culminate	10662
with final and binding arbitration of unresolved grievances~~, and~~	10663
that are based on the disputed interpretations of the express	10664
written provisions of the agreements, and which is valid and	10665
enforceable under its terms when entered into in accordance with	10666
this chapter. No publication thereof is required to make it	10667
effective. A party to the agreement may bring suits for violation	10668
of agreements or the enforcement of an award by an arbitrator in	10669
the court of common pleas of any county wherein a party resides or	10670
transacts business.	10671

(2) Authorizes the public employer to deduct the periodic	10672
dues, initiation fees, and assessments of members of the exclusive	10673
representative upon presentation of a written deduction	10674
authorization by the employee so long as the employee organization	10675
has filed and maintained its financial report outlining the	10676
organization's expenditures.	10677

(C) ~~The~~No agreement may contain a provision that requires as	10678
a condition of employment~~, on or after a mutually agreed upon~~	10679
~~probationary period or sixty days following the beginning of~~	10680
~~employment, whichever is less, or the effective date of a~~	10681
~~collective bargaining agreement, whichever is later,~~ that the	10682
employees in the unit who are not members of the employee	10683
organization pay to the employee organization a fair share fee.	10684
~~The arrangement does not require any employee to become a member~~	10685
~~of the employee organization, nor shall fair share fees exceed~~	10686
~~dues paid by members of the employee organization who are in the~~	10687
~~same bargaining unit. Any public employee organization~~	10688
~~representing public employees pursuant to this chapter shall~~	10689
~~prescribe an internal procedure to determine a rebate, if any, for~~	10690
~~nonmembers which conforms to federal law, provided a nonmember~~	10691
~~makes a timely demand on the employee organization. Absent~~	10692
~~arbitrary and capricious action, such determination is conclusive~~	10693
~~on the parties except that a challenge to the determination may be~~	10694
~~filed with the state employment relations board within thirty days~~	10695
~~of the determination date specifying the arbitrary or capricious~~	10696
~~nature of the determination and the board shall review the rebate~~	10697
~~determination and decide whether it was arbitrary or capricious.~~	10698
~~The deduction of a fair share fee by the public employer from the~~	10699
~~payroll check of the employee and its payment to the employee~~	10700
~~organization is automatic and does not require the written~~	10701
~~authorization of the employee.~~	10702

~~The internal rebate procedure shall provide for a rebate of~~	10703
~~expenditures in support of partisan politics or ideological causes~~	10704
~~not germaine to the work of employee organizations in the realm of~~	10705
~~collective bargaining.~~	10706

~~Any public employee who is a member of and adheres to~~	10707
~~established and traditional tenets or teachings of a bona fide~~	10708
~~religion or religious body which has historically held~~	10709
~~conscientious objections to joining or financially supporting an~~	10710
~~employee organization and which is exempt from taxation under the~~	10711
~~provisions of the Internal Revenue Code shall not be required to~~	10712
~~join or financially support any employee organization as a~~	10713
~~condition of employment. Upon submission of proper proof of~~	10714
~~religious conviction to the board, the board shall declare the~~	10715
~~employee exempt from becoming a member of or financially~~	10716
~~supporting an employee organization. The employee shall be~~	10717
~~required, in lieu of the fair share fee, to pay an amount of money~~	10718
~~equal to the fair share fee to a nonreligious charitable fund~~	10719
~~exempt from taxation under section 501(c)(3) of the Internal~~	10720
~~Revenue Code mutually agreed upon by the employee and the~~	10721
~~representative of the employee organization to which the employee~~	10722
~~would otherwise be required to pay the fair share fee. The~~	10723
~~employee shall furnish to the employee organization written~~	10724
~~receipts evidencing such payment, and failure to make the payment~~	10725
~~or furnish the receipts shall subject the employee to the same~~	10726
~~sanctions as would nonpayment of dues under the applicable~~	10727
~~collective bargaining agreement.~~	10728

No public employer shall agree to a provision requiring that	10729
a public employee become a member of an employee organization as a	10730
condition for securing or retaining employment. Any agreement that	10731
purports to require that employees join any exclusive	10732
representative is void and unenforceable.	10733

No public employer shall agree to a provision that provides	10734
for the payroll deduction for any contributions to a political	10735
action committee using any other method than the method prescribed	10736
in sections 3517.082, 3517.09, and 3599.031 of the Revised Code.	10737

(D) As used in this division, "teacher" means any employee of	10738
a school district certified to teach in the public schools of this	10739
state.	10740

The agreement may contain a provision that provides for a	10741
peer review plan under which teachers in a bargaining unit or	10742
representatives of an employee organization representing teachers	10743
may, for other teachers of the same bargaining unit or teachers	10744
whom the employee organization represents, participate in	10745
assisting, instructing, reviewing, evaluating, or appraising and	10746
make recommendations or participate in decisions with respect to	10747
the retention, discharge, renewal, or nonrenewal of, the teachers	10748
covered by a peer review plan.	10749

The participation of teachers or their employee organization	10750
representative in a peer review plan permitted under this division	10751
shall not be construed as an unfair labor practice under this	10752
chapter or as a violation of any other provision of law or rule	10753
adopted pursuant thereto.	10754

(E) No agreement shall contain an expiration date that is	10755
later than three years from the date of execution. The parties may	10756
extend any agreement, but the extensions do not affect the	10757
expiration date of the original agreement.	10758

(F) No public employer shall agree to a provision that	10759
requires the public employer, when a reduction in force is	10760
necessary, to use an employee's length of service as the only	10761
factor to determine whether to lay off the employee.	10762

Sec. 4117.10. (A) An agreement between a public employer and	10763
an exclusive representative entered into pursuant to this chapter	10764
governs the wages, hours, and terms and conditions of public	10765
employment covered by the agreement. If the agreement provides for	10766
a final and binding arbitration of grievances, public employers,	10767
employees, and employee organizations are subject solely to that	10768
grievance procedure and the state personnel board of review or	10769
civil service commissions have no jurisdiction to receive and	10770
determine any appeals relating to matters that were the subject of	10771
a final and binding grievance procedure. Where no agreement exists	10772
or where an agreement makes no specification about a matter, the	10773
public employer and public employees are subject to all applicable	10774
state or local laws or ordinances pertaining to the wages, hours,	10775
and terms and conditions of employment for public employees. ~~Laws~~	10776
All of the following prevail over conflicting provisions of	10777
agreements between employee organizations and public employers:	10778

(1) Laws pertaining to ~~civil~~any of the following subjects:

10779

(a) Civil rights~~, affirmative~~;

10780

(b) Affirmative action~~, unemployment~~;

10781

10782

(d) Workers' compensation~~, the~~;

10783

(e) The retirement of public employees~~, and residency~~;

10784

(f) The provision of health care benefits to public	10785
employees;	10786

(g) Residency requirements~~, the~~;

10787

(h) The minimum educational requirements contained in the	10788
Revised Code pertaining to public education including the	10789
requirement of a certificate by the fiscal officer of a school	10790
district pursuant to section 5705.41 of the Revised Code~~, the~~;	10791

(i) The provisions of division (A) of section 124.34 of the	10792
Revised Code governing the disciplining of officers and employees	10793
who have been convicted of a felony~~, and the~~;	10794

(j) The minimum standards promulgated by the state board of	10795
education pursuant to division (D) of section 3301.07 of the	10796
Revised Code ~~prevail over conflicting provisions of agreements~~	10797
~~between employee organizations and public employers~~. ~~The~~	10798

(2) The law pertaining to the leave of absence and	10799
compensation provided under section 5923.05 of the Revised Code	10800
~~prevails over any conflicting provisions of such agreements~~, if	10801
the terms of the agreement contain benefits which are less than	10802
those contained in that section or the agreement contains no such	10803
terms and the public authority is the state or any agency,	10804
authority, commission, or board of the state or if the public	10805
authority is another entity listed in division (B) of section	10806
4117.01 of the Revised Code that elects to provide leave of	10807
absence and compensation as provided in section 5923.05 of the	10808
Revised Code~~. The~~;	10809

(3) The law pertaining to the leave established under section	10810
5906.02 of the Revised Code ~~prevails over any conflicting~~	10811
~~provision of an agreement between an employee organization and~~	10812
~~public employer~~ if the terms of the agreement contain benefits	10813
that are less than those contained in section 5906.02 of the	10814
Revised Code. ~~Except~~	10815

Except for sections 306.08, 306.12, 306.35, and 4981.22 of	10816
the Revised Code and arrangements entered into thereunder, and	10817
section 4981.21 of the Revised Code as necessary to comply with	10818
section 13(c) of the "Urban Mass Transportation Act of 1964," 87	10819
Stat. 295, 49 U.S.C.A. 1609(c), as amended, and arrangements	10820
entered into thereunder, this chapter prevails over any and all	10821
other conflicting laws, resolutions, provisions, present or	10822
future, except as otherwise specified in this chapter or as	10823
otherwise specified by the general assembly. Nothing in this	10824
section prohibits or shall be construed to invalidate the	10825
provisions of an agreement establishing supplemental workers'	10826
compensation or unemployment compensation benefits or exceeding	10827
minimum requirements contained in the Revised Code pertaining to	10828
public education or the minimum standards promulgated by the state	10829
board of education pursuant to division (D) of section 3301.07 of	10830
the Revised Code.	10831

(B) The public employer shall submit a request for funds	10832
necessary to implement an agreement and for approval of any other	10833
matter requiring the approval of the appropriate legislative body	10834
to the legislative body within ~~fourteen~~thirty days of the date on	10835
which the parties finalize the agreement, unless otherwise	10836
specified, but if the appropriate legislative body is not in	10837
session at the time, then within fourteen days after it convenes.	10838
The legislative body must approve or reject the submission as a	10839
whole, and the submission is deemed approved if the legislative	10840
body fails to act within thirty days after the public employer	10841
submits the agreement. The parties may specify that those	10842
provisions of the agreement not requiring action by a legislative	10843
body are effective and operative in accordance with the terms of	10844
the agreement, provided there has been compliance with division	10845
(C) of this section. If the legislative body rejects the	10846
submission of the public employer, either party may reopen all or	10847
part of the entire agreement.	10848

As used in this section, "legislative body" includes the	10849
governing board of a municipal corporation, school district,	10850
college or university, village, township, or board of county	10851
commissioners or any other body that has authority to approve the	10852
budget of their public jurisdiction and, with regard to the state,	10853
"legislative body" means the controlling board.	10854

(C) The chief executive officer, or the chief executive	10855
officer's representative, of each municipal corporation, the	10856
designated representative of the board of education of each school	10857
district, college or university, or any other body that has	10858
authority to approve the budget of their public jurisdiction, the	10859
designated representative of the board of county commissioners and	10860
of each elected officeholder of the county whose employees are	10861
covered by the collective negotiations, and the designated	10862
representative of the village or the board of township trustees of	10863
each township is responsible for negotiations in the collective	10864
bargaining process; except that the legislative body may accept or	10865
reject a proposed collective bargaining agreement. When the	10866
matters about which there is agreement are reduced to writing and	10867
approved by the employee organization and the legislative body,	10868
the agreement is binding upon the legislative body, the employer,	10869
and the employee organization and employees covered by the	10870
agreement.	10871

(D) Notwithstanding any provision of this section or section	10872
4117.08 of the Revised Code to the contrary, the compensation of a	10873
supervisor who is not a member of an employee organization shall	10874
not be automatically tied to the compensation negotiated in a	10875
collective bargaining agreement that applies to other public	10876
employees of the public employer that employs the supervisor.	10877

(E) There is hereby established an office of collective	10878
bargaining in the department of administrative services for the	10879
purpose of negotiating with and entering into written agreements	10880
between state agencies, departments, boards, and commissions and	10881
the exclusive representative on matters of wages, hours, terms and	10882
~~other~~ conditions of employment and the continuation, modification,	10883
or deletion of an existing provision of a collective bargaining	10884
agreement. Nothing in any provision of law to the contrary shall	10885
be interpreted as excluding the bureau of workers' compensation	10886
and the industrial commission from the preceding sentence. This	10887
office shall not negotiate on behalf of other statewide elected	10888
officials or boards of trustees of state institutions of higher	10889
education who shall be considered as separate public employers for	10890
the purposes of this chapter; however, the office may negotiate on	10891
behalf of these officials or trustees where authorized by the	10892
officials or trustees. The staff of the office of collective	10893
bargaining are in the unclassified service. The director of	10894
administrative services shall fix the compensation of the staff.	10895

The office of collective bargaining shall:

10896

(1) Assist the director in formulating management's	10897
philosophy for public collective bargaining as well as planning	10898
bargaining strategies;	10899

(2) Conduct negotiations with the exclusive representatives	10900
of each employee organization;	10901

(3) Coordinate the state's resources in all mediation,	10902
fact-finding, and arbitration cases as well as in all labor	10903
disputes;	10904

(4) Conduct systematic reviews of collective bargaining	10905
agreements for the purpose of contract negotiations;	10906

(5) Coordinate the systematic compilation of data by all	10907
agencies that is required for negotiating purposes;	10908

(6) Prepare and submit an annual report and other reports as	10909
requested to the governor and the general assembly on the	10910
implementation of this chapter and its impact upon state	10911
government.	10912

Sec. 4117.104. (A) Notwithstanding any provision of section	10913
4117.08 or 4117.10 of the Revised Code to the contrary, no	10914
agreement entered into under this chapter on or after the	10915
effective date of this section shall prohibit a public employer	10916
that the auditor of state has declared to be in a state of fiscal	10917
watch from serving a written notice pursuant to section 4117.14 of	10918
the Revised Code to modify a collective bargaining agreement so	10919
that salary or benefit increases, or both, are suspended.	10920

(B) Notwithstanding any provision of section 4117.08 or	10921
4117.10 of the Revised Code to the contrary, no agreement entered	10922
into under this chapter on or after the effective date of this	10923
section shall prohibit a public employer that the governor or	10924
auditor of state has declared to be in a state of fiscal emergency	10925
or in the case of a state university or college, that a	10926
conservator has been appointed for, from serving a written notice	10927
to terminate, modify, or negotiate a collective bargaining	10928
agreement pursuant to section 4117.14 of the Revised Code.	10929

(C) Each agreement entered into under this chapter on or	10930
after the effective date of this section shall contain a statement	10931
that the agreement may be terminated, modified, or negotiated in	10932
accordance with this section.	10933

(D) If the public employer sends a notice as described in	10934
this section, the parties may collectively bargain and enter into	10935
a new collective bargaining agreement pursuant to section 4117.14	10936
of the Revised Code.	10937

Sec. 4117.105. Notwithstanding any provision of section	10938
4117.08 or 4117.10 of the Revised Code to the contrary, no	10939
agreement entered into or renewed under this chapter on or after	10940
the effective date of this section shall contain any provision	10941
that in any way prohibits a public employer from entering into a	10942
contract with another public or private sector entity to privatize	10943
the public employer's services or the contracting out of the	10944
public employer's work. No such agreement shall contain any	10945
provisions that cause the public employer to do any of the	10946
following:	10947

(A) Retain existing employees as employees of the public	10948
employer if their work is privatized or subcontracted to another	10949
entity;	10950

(B) Pay any additional payments to employees who may be laid	10951
off as the result of such privatization or subcontracting, except	10952
for payments for accumulated time or leave credits that would	10953
normally be paid by the public employer to any other employee who	10954
is laid off for reasons other than the subcontracting or	10955
privatization of their work.	10956

Any provision inconsistent with this section that is	10957
contained in an agreement entered into or renewed on or after the	10958
effective date of this section is void and unenforceable.	10959

Sec. 4117.106. Notwithstanding any provision of section	10960
4117.08 or 4117.10 of the Revised Code to the contrary, no	10961
agreement entered into or renewed under this chapter on or after	10962
the effective date of this section shall contain any provision	10963
that does any of the following:	10964

(A) Limits a public employer in determining the number of	10965
employees it employs or has working at any time, in any facility,	10966
building, classroom, on any work shift, or on any piece of	10967
equipment or vehicle, except that an agreement may contain	10968
provisions regarding certain equipment issues in accordance with	10969
division (F) of section 4117.08 of the Revised Code;	10970

(B) Provides for the public employer to pay any portion of a	10971
public employee's state pension contributions or payments as	10972
described in division (B) of section 4117.08 of the Revised Code;	10973

(C) Provides for an hourly overtime payment rate that exceeds	10974
the overtime rate required by the Fair Labor Standards Act of	10975
1938, 52 Stat. 1060, 29 U.S.C. 207;	10976

(D) Requires the public employer to adhere to, follow, or	10977
continue any practices or benefits not specifically set forth in	10978
the specific written provisions of the agreement.	10979

Any provision inconsistent with this section that is	10980
contained in an agreement entered into or renewed on or after the	10981
effective date of this section is void and unenforceable.	10982

Sec. 4117.107. (A) Notwithstanding any provision of section	10983
4117.08 or 4117.10 of the Revised Code to the contrary, no	10984
agreement entered into or renewed under this chapter on or after	10985
the effective date of this section shall contain any provisions	10986
that do any of the following:	10987

(1) Provide for any supplemental wage payments based on	10988
length of employment to any employee participating in the deferred	10989
retirement option plan;	10990

(2) Provide for any annual paid vacation leave earning in	10991
excess of five weeks to any employee participating in the deferred	10992
retirement option plan;	10993

(3) Provide for the ability of any employee participating in	10994
the deferred retirement option plan to carry over vacation leave	10995
from one year to another that exceeds a total accumulation of the	10996
equivalent of three years vacation leave;	10997

(4) Provide the basis for the payment to any employee	10998
participating in the deferred retirement option plan of any	10999
accumulated paid leave, including, but not limited to, sick leave,	11000
vacation leave, and compensatory time, that is based on an	11001
employee's hourly wage rate greater than the employee's wage rate	11002
on the date the employee commenced participating in the deferred	11003
retirement option plan.	11004

(B) Notwithstanding any other provisions of the Revised Code,	11005
the police and fire pension fund shall notify the public employer	11006
of the respective employee of the date upon which the employee	11007
entered the deferred retirement option plan and shall notify the	11008
public employer of the date any employee entered the deferred	11009
retirement option plan prior to the effective date of this	11010
section.	11011

Sec. 4117.108. (A) Notwithstanding any provision of section	11012
4117.08 or 4117.10 of the Revised Code to the contrary, no	11013
agreement entered into or renewed under this chapter on or after	11014
the effective date of this section shall contain any provision	11015
that exceeds the annual earnings or accrual rate of the following	11016
leave credits:	11017

(1) For vacation leave a maximum annual accumulation of six	11018
weeks paid vacation prior to twenty years of continuous service;	11019

(2) For compensated holidays a maximum annual earning of	11020
twelve paid holidays;	11021

(3) For compensated personal days a maximum annual earning of	11022
three paid personal days.	11023

(B) For purposes of this section, "day" means eight working	11024
hours and "week" means forty working hours for employees working a	11025
normally scheduled work week. Those employees working a work week	11026
that exceeds or is less than forty hours shall have the number of	11027
hours per day or week increased or reduced proportionately based	11028
on the difference in hours between the employee's average work	11029
week and forty hours.	11030

Sec. 4117.109. Notwithstanding any provision of section	11031
4117.08 or 4117.10 of the Revised Code to the contrary, no	11032
agreement entered into or renewed under this chapter on or after	11033
the effective date of this section shall contain any provision for	11034
the exchange or sell-back of a public employee's accumulated paid	11035
sick leave balance with the public employee's public employer at	11036
the public employee's final retirement or death that provides for	11037
a cash payment that exceeds fifty per cent of the public	11038
employee's total sick leave accumulations. No payment made	11039
pursuant to this section shall be made for accumulated sick leave	11040
in excess of one thousand hours. Such payment shall be based upon	11041
the public employee's hourly rate of pay at time of final	11042
retirement, unless the employee is a member of the police and fire	11043
pension fund and participates in the deferred retirement option	11044
plan. If the public employee is a member of the police and fire	11045
pension fund and the public employee participates in the deferred	11046
retirement option plan, the payment shall be based upon the public	11047
employee's hourly rate in effect at the time the employee entered	11048
the deferred retirement option plan. For purposes of this section,	11049
"final retirement" means when an employee retires and is	11050
immediately eligible to receive pension benefits by satisfying the	11051
normal length of service and age qualifications or as a result of	11052
disability.	11053

Sec. 4117.11. (A) It is an unfair labor practice for a	11054
public employer, its agents, or representatives to:	11055

(1) Interfere with, restrain, or coerce employees in the	11056
exercise of the rights guaranteed in Chapter 4117. of the Revised	11057
Code or an employee organization in the selection of its	11058
representative for the purposes of collective bargaining or the	11059
adjustment of grievances;	11060

(2) Initiate, create, dominate, or interfere with the	11061
formation or administration of any employee organization, or	11062
contribute financial or other support to it; except that a public	11063
employer may permit employees to confer with it during working	11064
hours without loss of time or pay, permit the exclusive	11065
representative to use the facilities of the public employer for	11066
membership or other meetings, or permit the exclusive	11067
representative to use the internal mail system or other internal	11068
communications system;	11069

(3) Discriminate in regard to hire or tenure of employment or	11070
any term or condition of employment on the basis of the exercise	11071
of rights guaranteed by Chapter 4117. of the Revised Code. ~~Nothing~~	11072
~~precludes any employer from making and enforcing an agreement~~	11073
~~pursuant to division (C) of section 4117.09 of the Revised Code.~~	11074

(4) Discharge or otherwise discriminate against an employee	11075
because hethe employee has filed charges or given testimony under	11076
Chapter 4117. of the Revised Code;	11077

(5) Refuse to bargain collectively with the representative of	11078
~~his~~the employer's employees recognized as the exclusive	11079
representative or certified pursuant to Chapter 4117. of the	11080
Revised Code;	11081

(6) Establish a pattern or practice of repeated failures to	11082
timely process grievances and requests for arbitration of	11083
grievances;	11084

(7) Lock out or otherwise prevent employees from performing	11085
their regularly assigned duties where anthe object thereof is to	11086
bring pressure on the employees or an employee organization to	11087
compromise or capitulate to the employer's terms regarding a labor	11088
relations dispute;	11089

(8) Cause or attempt to cause an employee organization, its	11090
agents, or representatives to violate division (B) of this	11091
section.	11092

(B) It is an unfair labor practice for an employee	11093
organization, its agents, or representatives, or public employees	11094
to:	11095

(1) Restrain or coerce employees or public employers in the	11096
exercise of the rights guaranteed in Chapter 4117. of the Revised	11097
Code, including the public employer's selection of the public	11098
employer's representative for the purpose of collective	11099
negotiations or the adjustment of grievances. This division does	11100
not impair the right of an employee organization to prescribe its	11101
own rules with respect to the acquisition or retention of	11102
membership therein~~, or an employer in the selection of his~~	11103
~~representative for the purpose of collective brgaining or the~~	11104
~~adjustment of grievances~~.	11105

(2) Cause or attempt to cause an employer to violate division	11106
(A) of this section;	11107

(3) Refuse to bargain collectively with a public employer if	11108
the employee organization is recognized as the exclusive	11109
representative or certified as the exclusive representative of	11110
public employees in a bargaining unit;	11111

(4) Call, institute, maintain, or conduct a boycott against	11112
any public employer, or picket any place of business of a public	11113
employer, on account of any jurisdictional work dispute;	11114

(5) Induce or encourage any individual employed by any person	11115
to engage in a strike in violation of Chapter 4117. of the Revised	11116
Code or refusal to handle goods or perform services; or threaten,	11117
coerce, or restrain any person where an object thereof is to force	11118
or require any public employee to cease dealing or doing business	11119
with any other person, or force or require a public employer to	11120
recognize for representation purposes an employee organization not	11121
certified by the state employment relations board, or induce or	11122
encourage any individual to engage in a secondary boycott whether	11123
under the existing agreement or as part of another employee	11124
organization's concerted activity, whether in the public or	11125
private sector;	11126

(6) Fail to fairly represent all public employees in a	11127
bargaining unit;	11128

(7) Induce or encourage any individual in connection with a	11129
labor relations dispute to picket the residence or any place of	11130
private employment of any public official or representative of the	11131
public employer;	11132

(8) Engage in any ~~picketing,~~ striking, or other concerted	11133
refusal to work ~~without~~;	11134

(9) Engage in any picketing without giving written notice to	11135
the public employer and to the state employment relations board	11136
not less than ten days prior to the ~~action~~picket. The notice	11137
shall state the date and time that the action picket will commence	11138
and, once the notice is given, the parties may extend it by the	11139
written agreement of both.	11140

(10) Insist that a permissive subject of collective	11141
bargaining be bargained to impasse.	11142

(C) The expressing of any views, argument, or opinion, or the	11143
dissemination thereof, whether in written, printed, graphic, or	11144
visual form, shall not constitute or be evidence of an unfair	11145
labor practice under this chapter, if that expression contains no	11146
threat of reprisal or force or promise of benefit.	11147

(D) The determination by the board or any court that a public	11148
officer or employee has committed any of the acts prohibited by	11149
divisions (A) and (B) of this section shall not be made the basis	11150
of any charge for the removal from office or recall of the public	11151
officer or the suspension from or termination of employment of or	11152
disciplinary acts against an employee, nor shall the officer or	11153
employee be found subject to any suit for damages based on such a	11154
determination; however nothing in this division prevents any party	11155
to a collective bargaining agreement from seeking enforcement or	11156
damages for a violation thereof against the other party to the	11157
agreement.	11158

~~(D)~~(E) As to jurisdictional work disputes, the board shall	11159
hear and determine the dispute unless, within ten days after	11160
notice to the board by a party to the dispute that a dispute	11161
exists, the parties to the dispute submit to the board	11162
satisfactory evidence that they have adjusted, or agreed upon the	11163
method for the voluntary adjustment of, the dispute.	11164

Sec. 4117.12. (A) Whoever violates section 4117.11 of the	11165
Revised Code is guilty of an unfair labor practice remediable by	11166
the state employment relations board as specified in this section.	11167

(B) When anyone files a charge with the board alleging that	11168
an unfair labor practice has been committed, the board or its	11169
designated agent shall investigate the charge. If the board has	11170
probable cause for believing that a violation has occurred, the	11171
board shall issue a complaint and shall conduct a hearing	11172
concerning the charge. The board shall cause the complaint to be	11173
served upon the charged party which shall contain a notice of the	11174
time at which the hearing on the complaint will be held either	11175
before the board, a board member, or an administrative law judge.	11176
The board may not issue a notice of hearing based upon any unfair	11177
labor practice occurring more than ninety days prior to the filing	11178
of the charge with the board, unless the person aggrieved thereby	11179
is prevented from filing the charge by reason of service in the	11180
armed forces, in which event the ninety-day period shall be	11181
computed from the day of the person's discharge. If the board	11182
dismisses a complaint as frivolous, it shall assess costs to the	11183
complainant pursuant to its standards governing such matters, and	11184
for that purpose, the board shall adopt a rule defining the	11185
standards by which the board will declare a complaint to be	11186
frivolous and the costs that will be assessed accordingly.	11187

(1) The board, board member, or administrative law judge	11188
shall hold a hearing on the charge within ten days after service	11189
of the complaint. The board may amend a complaint, upon receipt of	11190
a notice from the charging party, at any time prior to the close	11191
of the hearing, and the charged party shall within ten days from	11192
receipt of the complaint or amendment to the complaint, file an	11193
answer to the complaint or amendment to the complaint. The charged	11194
party may file an answer to an original or amended complaint. The	11195
failure to file or timely file an answer shall not be construed as	11196
any admission against the nonresponding party and the party may	11197
present its response or challenge to the charge at any time prior	11198
to the hearing. The charging party or the charging party's	11199
representative, the agents of the board, and the person charged	11200
are parties and may appear or otherwise give evidence at the	11201
hearing. At the discretion of the board, board member, or	11202
administrative law judge, any interested party may intervene and	11203
present evidence at the hearing. The board, board member, or	11204
administrative law judge is not bound by the rules of evidence	11205
prevailing in the courts.	11206

(2) A board member or administrative law judge who conducts	11207
the hearing shall reduce the evidence taken to writing and file it	11208
with the board. The board member or the administrative law judge	11209
may thereafter take further evidence or hear further argument if	11210
notice is given to all interested parties. The administrative law	11211
judge or board member shall issue to the parties a proposed	11212
decision, together with a recommended order and file it with the	11213
board. ~~If the parties file no exceptions within twenty days after~~	11214
~~service thereof, the recommended order becomes the order of the~~	11215
~~board effective as therein prescribed.~~ If the parties file	11216
exceptions to the proposed report, the board shall determine	11217
whether substantial issues have been raised. The board may rescind	11218
or modify the proposed order of the board member or administrative	11219
law judge; the board may consider any issues raised by a party,	11220
however, if the board determines that the exceptions do not raise	11221
substantial issues of fact or law, it may refuse to grant review,	11222
and the recommended order becomes effective as therein prescribed.	11223

(3) If upon the preponderance of the evidence taken, the	11224
board believes that any person named in the complaint has engaged	11225
in any unfair labor practice, the board shall state its findings	11226
of fact and issue and cause to be served on the person an order	11227
requiring that the person cease and desist from these unfair labor	11228
practices, and take such affirmative action, including	11229
reinstatement of employees with or without back pay, as will	11230
effectuate the policies of Chapter 4117. of the Revised Code. If	11231
upon a preponderance of the evidence taken, the board believes	11232
that the person named in the complaint has not engaged in an	11233
unfair labor practice it shall state its findings of fact and	11234
issue an order dismissing the complaint.	11235

(4) The board may order the public employer to reinstate the	11236
public employee and further may order either the public employer	11237
or the employee organization, depending on who was responsible for	11238
the discrimination suffered by the public employee, to make such	11239
payment of back pay to the public employee as the board	11240
determines. In the event the board determines the employee	11241
organization has violated division (B)(4), (5), (7), or (8) of	11242
section 4117.11 of the Revised Code, the board shall order the	11243
suspension of the payment of dues or fees to the employee	11244
organization for the greater of thirty days or two times the	11245
duration of the illegal activity. No order of the board shall	11246
require the reinstatement of any individual as an employee who has	11247
been suspended or discharged, or require the payment to the	11248
employee of any back pay, if the suspension or discharge was for	11249
just cause and the predominant basis for the suspension or	11250
discharge was not related to rights provided in section 4117.03 of	11251
the Revised Code and the procedure contained in the collective	11252
bargaining agreement governing suspension or discharge was	11253
followed. The order of the board may require the party against	11254
whom the order is issued to make periodic reports showing the	11255
extent to which the party has complied with the order.	11256

(C) Whenever a complaint alleges that a person has engaged in	11257
an unfair labor practice and that the complainant will suffer	11258
substantial and irreparable injury if not granted temporary	11259
relief, the board may petition the court of common pleas for any	11260
county wherein the alleged unfair labor practice in question	11261
occurs, or wherein any person charged with the commission of any	11262
unfair labor practice resides or transacts business for	11263
appropriate injunctive relief, pending the final adjudication by	11264
the board with respect to the matter. Upon the filing of any	11265
petition, the court shall cause notice thereof to be served upon	11266
the parties, and thereupon has jurisdiction to grant the temporary	11267
relief or restraining order it considers just and proper.	11268

(D) Until the record in a case is filed in a court, as	11269
specified in Chapter 4117. of the Revised Code, the board may at	11270
any time upon reasonable notice and in a manner it considers	11271
proper, modify or set aside, in whole or in part, any finding or	11272
order made or issued by it.	11273

Sec. 4117.13. (A) The state employment relations board or	11274
the complaining party may petition the court of common pleas for	11275
any county wherein an unfair labor practice occurs, or wherein any	11276
person charged with the commission of any unfair labor practice	11277
resides or transacts business, for the enforcement of the order	11278
and for appropriate temporary relief or restraining order. The	11279
board shall certify and file in the court a transcript of the	11280
entire record in the proceeding, including the pleadings and	11281
evidence upon which the order was entered and the findings and	11282
order of the board. When the board petitions the court, the	11283
complaining party may intervene in the case as a matter of right.	11284
Upon the filing, the court shall cause notice thereof to be served	11285
upon the person charged with committing the unfair labor practice	11286
and thereupon has jurisdiction of the proceeding and the question	11287
determined therein. The court may grant the temporary relief or	11288
restraining order it deems just and proper, and make and enter	11289
upon the pleadings, evidence, and proceedings set forth in the	11290
transcript a decree enforcing, modifying, and enforcing as so	11291
modified, or setting aside in whole or in part the order of the	11292
board.	11293

(B) The findings of the board as to the facts, if supported	11294
by substantial evidence, on the record as a whole, are conclusive.	11295
If either party applies to the court for leave to adduce	11296
additional evidence and shows to the satisfaction of the court	11297
that the additional evidence is material and that there exist	11298
reasonable grounds for the failure to adduce the evidence in the	11299
hearing before the board, its member or agent, the court may order	11300
the board, its member, or agent to take the additional evidence,	11301
and make it a part of the transcript. The board may modify its	11302
findings as to the facts, or make new findings, by reason of	11303
additional evidence so taken and filed, and it shall file the	11304
modified or new findings, which, if supported by the evidence, are	11305
conclusive and shall file its recommendations, if any, for the	11306
modifying or setting aside of its original order.	11307

(C) The jurisdiction of the court is exclusive and its	11308
judgment and decree final, except that the same is subject to	11309
review on questions of law as in civil cases.	11310

(D) Any person aggrieved by any final order of the board	11311
granting or denying, in whole or in part, the relief sought may	11312
appeal to the court of common pleas of any county where the unfair	11313
labor practice in question was alleged to have been engaged in, or	11314
where the person resides or principally transacts business, by	11315
filing in the court a notice of appeal setting forth the order	11316
appealed from and the grounds of appeal. The court shall cause a	11317
copy of the notice to be served forthwith upon the board and all	11318
other parties. Within ten days after the court receives a notice	11319
of appeal, the board shall file in the court a transcript of the	11320
entire record in the proceeding, certified by the board, including	11321
the pleading and evidence upon which the order appealed from was	11322
entered.	11323

The court has exclusive jurisdiction to grant the temporary	11324
relief or restraining order it considers proper, and to make and	11325
enter a decree enforcing, modifying, and enforcing as so modified,	11326
or setting aside in whole or in part the order of the board. The	11327
findings of the board as to the facts, if supported by substantial	11328
evidence on the record as a whole, are conclusive.	11329

(E) The commencement of proceedings under division (A) or (D)	11330
of this section does not, unless specifically ordered by the	11331
court, operate as a stay of the board's order.	11332

(F) Courts of common pleas shall hear appeals under Chapter	11333
4117. of the Revised Code expeditiously presented and where good	11334
cause is shown give precedence to them over all other civil	11335
matters except earlier matters of the same character.	11336

Sec. 4117.14. (A) The procedures contained in this section	11337
govern the settlement of disputes between an exclusive	11338
representative and a public employer concerning the termination or	11339
modification of an existing collective bargaining agreement or	11340
negotiation of a successor agreement, or the negotiation of an	11341
initial collective bargaining agreement.	11342

(B)(1) In those cases where there exists a collective	11343
bargaining agreement, any public employer or exclusive	11344
representative desiring to terminate, modify, or negotiate a	11345
successor collective bargaining agreement shall:	11346

(a) Serve written notice upon the other party of the proposed	11347
termination, modification, or successor agreement. The party must	11348
serve the notice not less than ~~sixty~~one hundred five days prior	11349
to the expiration date of the existing agreement or, in the event	11350
the existing collective bargaining agreement does not contain an	11351
expiration date, not less than ~~sixty~~one hundred five days prior	11352
to the time it is proposed to make the termination or	11353
modifications or to make effective a successor agreement.	11354

(b) Offer to bargain collectively with the other party for	11355
the purpose of modifying or terminating any existing agreement or	11356
negotiating a successor agreement not less than one hundred five	11357
days prior to the expiration date of the existing agreement;	11358

(c) Notify the state employment relations board of the offer	11359
by serving upon the board a copy of the written notice to the	11360
other party and a copy of the existing collective bargaining	11361
agreement not less than one hundred five days prior to the	11362
expiration date of the existing agreement.	11363

(2) In the case of initial negotiations between a public	11364
employer and an exclusive representative, where a collective	11365
bargaining agreement has not been in effect between the parties,	11366
any party may serve notice upon the board and the other party	11367
setting forth the names and addresses of the parties and offering	11368
to meet, for a period of ~~ninety~~one hundred twenty days, with the	11369
other party for the purpose of negotiating a collective bargaining	11370
agreement.	11371

~~If the settlement procedures specified in~~For purposes of	11372
divisions (B),and (C)~~, and (D)~~ of this section ~~govern the~~	11373
~~parties~~, where the procedures in those ~~procedures~~divisions refer	11374
to the expiration of a collective bargaining agreement, it means	11375
the expiration of the ~~sixty-day~~one hundred five-day period to	11376
negotiate a collective bargaining agreement referred to in this	11377
subdivision, or in the case of initial negotiations, it means the	11378
~~ninety~~one-hundred-twenty-day period referred to in this	11379
subdivision.	11380

(3) The parties shall continue in full force and effect all	11381
the terms and conditions of any existing collective bargaining	11382
agreement~~, without resort to strike or lock-out,~~ for a period of	11383
~~sixty~~one hundred five days after the party gives notice or until	11384
the expiration date of the collective bargaining agreement,	11385
whichever occurs later, or for a period of ~~ninety~~one hundred	11386
twenty days where applicable.	11387

(4) ~~Upon~~Except as otherwise provided in division (B)(4) of	11388
this section, upon receipt of the notice, the parties shall enter	11389
into collective bargaining. Notwithstanding divisions (A)(5) and	11390
(B)(3) of section 4117.11 of the Revised Code, neither a public	11391
employer nor an exclusive representative is required to, and may	11392
refuse to, collectively bargain on the continuation, modification,	11393
or termination of a provision of an existing agreement.	11394

(C) ~~In the event the parties are unable to reach an~~	11395
~~agreement, they may submit, at any time prior to forty-five days~~	11396
~~before the expiration date of the collective bargaining agreement,~~	11397
~~the issues in dispute to any mutually agreed upon dispute~~	11398
~~settlement procedure which supersedes the procedures contained in~~	11399
~~this section.~~	11400

~~(1) The procedures may include:~~

11401

~~(a) Conventional arbitration of all unsettled issues;~~

11402

~~(b) Arbitration confined to a choice between the last offer~~	11403
~~of each party to the agreement as a single package;~~	11404

~~(c) Arbitration confined to a choice of the last offer of~~	11405
~~each party to the agreement on each issue submitted;~~	11406

~~(d) The procedures described in division (C)(1)(a), (b), or~~	11407
~~(c) of this section and including among the choices for the~~	11408
~~arbitrator, the recommendations of the fact finder, if there are~~	11409
~~recommendations, either as a single package or on each issue~~	11410
~~submitted;~~	11411

~~(e) Settlement by a citizens' conciliation council composed~~	11412
~~of three residents within the jurisdiction of the public employer.~~	11413
~~The public employer shall select one member and the exclusive~~	11414
~~representative shall select one member. The two members selected~~	11415
~~shall select the third member who shall chair the council. If the~~	11416
~~two members cannot agree upon a third member within five days~~	11417
~~after their appointments, the board shall appoint the third~~	11418
~~member. Once appointed, the council shall make a final settlement~~	11419
~~of the issues submitted to it pursuant to division (G) of this~~	11420
~~section.~~	11421

~~(f) Any other dispute settlement procedure mutually agreed to~~	11422
~~by the parties.~~	11423

~~(2)~~ If~~, fifty~~ seventy-five days before the expiration date	11424
of the collective bargaining agreement, the parties are unable to	11425
reach an agreement, any party may request the state employment	11426
relations board to intervene. The request shall set forth the	11427
names and addresses of the parties, the issues involved, and, if	11428
applicable, the expiration date of any agreement.	11429

The board shall intervene and investigate the dispute to	11430
determine whether the parties have engaged in collective	11431
bargaining.	11432

If an impasse exists or ~~forty-five~~seventy days before the	11433
expiration date of the collective bargaining agreement if one	11434
exists, the board shall appoint a mediator to assist the parties	11435
in the collective bargaining process.	11436

When the board appoints a mediator pursuant to division (C)	11437
of this section, the board and the public employer promptly shall	11438
post in a conspicuous location on the web site maintained by the	11439
board or public employer, respectively, the terms of the last	11440
collective bargaining agreement offered by the public employer and	11441
the terms of the last collective bargaining agreement offered by	11442
the exclusive representative.	11443

~~(3)~~(1) Any time after the appointment of a mediator, either	11444
party may request the appointment of a fact-~~finding panel~~finder.	11445
Within fifteen days after receipt of a request for a fact-~~finding~~	11446
~~panel~~finder, the board shall appoint a fact-~~finding panel of not~~	11447
~~more than three members~~finder who ~~have~~has been selected by the	11448
parties in accordance with rules established by the board, from a	11449
list of qualified persons maintained by the board. If no agreement	11450
exists forty-five days before the expiration of the collective	11451
bargaining agreement if one exists, the board shall appoint a	11452
fact-finder. If a fact-finder is appointed pursuant to division	11453
(C)(1) of this section, the board and the public employer promptly	11454
shall post in a conspicuous location on the web site maintained by	11455
the board or public employer, respectively, the terms of the last	11456
collective bargaining agreement offered by the public employer and	11457
the terms of the last collective bargaining agreement offered by	11458
the exclusive representative.	11459

(a) The fact-~~finding panel~~finder shall, in accordance with	11460
rules and procedures established by the board that include the	11461
regulation of costs and expenses of fact-finding, gather facts and	11462
make recommendations for the resolution of the matter. The board	11463
shall by its rules require each party to specify in writing the	11464
unresolved issues and its position on each issue to the	11465
fact-~~finding panel~~finder. The fact-~~finding panel~~finder shall	11466
make final recommendations as to all the unresolved issues.	11467

(b) The board may continue mediation, order the parties to	11468
engage in collective bargaining until the expiration date of the	11469
agreement, or both.	11470

~~(4)~~(2) The following guidelines apply to fact-finding:

11471

(a) The fact-~~finding panel~~finder may establish times and	11472
place of hearings which shall be, where feasible, in the	11473
jurisdiction of the state.	11474

(b) The fact-~~finding panel~~finder shall conduct the hearing	11475
pursuant to rules established by the board.	11476

(c) Upon request of the fact-~~finding panel~~finder, the board	11477
shall issue subpoenas for hearings conducted by the panel.	11478

(d) The fact-~~finding panel~~finder may administer oaths.

11479

(e) The board shall prescribe guidelines for the fact-~~finding~~	11480
~~panel~~finder to follow in making findings. In making its	11481
recommendations, the fact-~~finding panel~~finder shall take into	11482
consideration all of the following factors ~~listed in divisions~~	11483
~~(G)(7)(a) to (f) of this section~~:	11484

(i) Past collectively bargained agreements, if any, between	11485
the parties;	11486

(ii) Comparison of the issues submitted to fact-finding	11487
relative to the employees in the bargaining unit involved with	11488
those issues related to other public and private employees doing	11489
comparable work, giving consideration to factors peculiar to the	11490
area and classification involved;	11491

(iii) As the primary consideration, the interests and welfare	11492
of the public and the ability of the public employer to pay for,	11493
consistent with division (D) of section 4117.08 of the Revised	11494
Code, and administer the issues proposed;	11495

(iv) The lawful authority of the public employer;

11496

(v) The stipulations of the parties;

11497

(vi) The compensation paid by the public employer to the	11498
public employer's public employees who are not members of the	11499
bargaining unit represented by the exclusive representative or who	11500
are members of that bargaining unit but are not members of the	11501
exclusive representative;	11502

(vii) The effect of the recommendations on the public	11503
employer's employer-wide collective bargaining program and	11504
practices, and the potential increases in cost to the public	11505
employer;	11506

(viii) Such other factors, not confined to those listed in	11507
this section, that are normally or traditionally taken into	11508
consideration in the determination of the issues submitted to	11509
final offer settlement through voluntary collective bargaining,	11510
mediation, fact-finding, or other impasse resolution procedures in	11511
the public service or in private employment.	11512

(f) The fact-~~finding panel~~finder may attempt mediation at	11513
any time during the fact-finding process. From the time of	11514
appointment until the fact-~~finding panel~~finder makes a final	11515
recommendation, it shall not discuss the recommendations for	11516
settlement of the dispute with parties other than the direct	11517
parties to the dispute.	11518

~~(5)~~(3) The fact-~~finding panel, acting by a majority of its~~	11519
~~members,~~finder shall transmit its findings of fact and	11520
recommendations on the unresolved issues to the public employer	11521
and employee organization involved and to the board no later than	11522
~~fourteen days after the appointment of the fact-finding panel,~~	11523
~~unless the parties mutually agree to an extension~~fifteen days	11524
prior to the date the collective bargaining agreement expires.	11525
The fact-finder shall include with its findings of fact and	11526
recommendations a written report explaining how each of the	11527
factors listed in division (C)(2)(e) of this section factored into	11528
the finder's findings of fact and recommendations. The parties	11529
shall share the cost of the fact-~~finding panel~~finder in a manner	11530
agreed to by the parties.	11531

~~(6)~~(4)(a) Not later than ~~seven~~fifteen days after the	11532
findings and recommendations are sent or after the collective	11533
bargaining agreement expires, whichever occurs earlier, the	11534
legislative body, by a ~~three-fifths~~majority vote of its total	11535
membership, and in the case of the public employee organization,	11536
the membership, by a ~~three-fifths~~majority vote of the total	11537
membership, may reject the recommendations~~; if~~. If neither rejects	11538
the recommendations, the recommendations shall be deemed agreed	11539
upon as the final resolution of the issues submitted and a	11540
collective bargaining agreement shall be executed between the	11541
parties, including the fact-~~finding panel's~~finder's	11542
recommendations, except as otherwise modified by the parties by	11543
mutual agreement. If either the legislative body or the public	11544
employee organization rejects the recommendations, the board shall	11545
publicize the findings of fact and recommendations of the	11546
fact-~~finding panel~~finder. The board shall adopt rules governing	11547
the procedures and methods for public employees to vote on the	11548
recommendations of the fact-~~finding panel~~finder.	11549

(b) As used in division (C)~~(6)~~(4)(a) of this section,	11550
"legislative body" means the controlling board when the state or	11551
any of its agencies, authorities, commissions, boards, or other	11552
branch of public employment is party to the fact-finding process.	11553

(D)(1) If the parties are unable to reach agreement within	11554
~~seven~~five days after the publication of findings and	11555
recommendations from the ~~fact-finding panel~~fact-finder or within	11556
five days after the collective bargaining agreement, if one	11557
exists, has expired, then the:	11558

~~(1) Public employees, who are members of a police or fire~~	11559
~~department, members of the state highway patrol, deputy sheriffs,~~	11560
~~dispatchers employed by a police, fire or sheriff's department or~~	11561
~~the state highway patrol or civilian dispatchers employed by a~~	11562
~~public employer other than a police, fire, or sheriff's department~~	11563
~~to dispatch police, fire, sheriff's department, or emergency~~	11564
~~medical or rescue personnel and units, an exclusive nurse's unit,~~	11565
~~employees of the state school for the deaf or the state school for~~	11566
~~the blind, employees of any public employee retirement system,~~	11567
~~corrections officers, guards at penal or mental institutions,~~	11568
~~special police officers appointed in accordance with sections~~	11569
~~5119.14 and 5123.13 of the Revised Code, psychiatric attendants~~	11570
~~employed at mental health forensic facilities, youth leaders~~	11571
~~employed at juvenile correctional facilities, or members of a law~~	11572
~~enforcement security force that is established and maintained~~	11573
~~exclusively by a board of county commissioners and whose members~~	11574
~~are employed by that board, shall submit the matter to a final~~	11575
~~offer settlement procedure pursuant to a board order issued~~	11576
~~forthwith to the parties to settle by a conciliator selected by~~	11577
~~the parties. The parties shall request from the board a list of~~	11578
~~five qualified conciliators and the parties shall select a single~~	11579
~~conciliator from the list by alternate striking of names. If the~~	11580
~~parties cannot agree upon a conciliator within five days after the~~	11581
~~board order, the board shall on the sixth day after its order~~	11582
~~appoint a conciliator from a list of qualified persons maintained~~	11583
~~by the board or shall request a list of qualified conciliators~~	11584
~~from the American arbitration association and appoint therefrom.~~	11585

~~(2) Public employees other than those listed in division~~	11586
~~(D)(1) of this section have the right to strike under Chapter~~	11587
~~4117. of the Revised Code provided that the employee organization~~	11588
~~representing the employees has given a ten-day prior written~~	11589
~~notice of an intent to strike to the public employer and to the~~	11590
~~board, and further provided that the strike is for full,~~	11591
~~consecutive work days and the beginning date of the strike is at~~	11592
~~least ten work days after the ending date of the most recent prior~~	11593
~~strike involving the same bargaining unit; however, the board, at~~	11594
~~its discretion, may attempt mediation at any time.~~	11595

~~(E) Nothing in this section shall be construed to prohibit~~	11596
~~the parties, at any time, from voluntarily agreeing to submit any~~	11597
~~or all of the issues in dispute to any other alternative dispute~~	11598
~~settlement procedure. An agreement or statutory requirement to~~	11599
~~arbitrate or to settle a dispute pursuant to a final offer~~	11600
~~settlement procedure and the award issued in accordance with the~~	11601
~~agreement or statutory requirement is enforceable in the same~~	11602
~~manner as specified in division (B) of section 4117.09 of the~~	11603
~~Revised Code.~~	11604

~~(F) Nothing in this section shall be construed to prohibit a~~	11605
~~party from seeking enforcement of a collective bargaining~~	11606
~~agreement or a conciliator's award as specified in division (B) of~~	11607
~~section 4117.09 of the Revised Code.~~	11608

~~(G) The following guidelines apply to final offer settlement~~	11609
~~proceedings under division (D)(1) of this section:~~	11610

~~(1) The parties shall submit to final offer settlement those~~	11611
~~issues that are subject to collective bargaining as provided by~~	11612
~~section 4117.08 of the Revised Code and upon which the parties~~	11613
~~have not reached agreement and other matters mutually agreed to by~~	11614
~~the public employer and the exclusive representative; except that~~	11615
~~the conciliator may attempt mediation at any time.~~	11616

~~(2) The conciliator shall hold a hearing within thirty days~~	11617
~~of the~~ ~~board's order to submit to a final offer settlement~~	11618
~~procedure~~, or as soon thereafter as is practicable.	11619

~~(3) The conciliator shall conduct the hearing pursuant to~~	11620
~~rules developed by the board. The~~ ~~conciliator~~ shall establish the	11621
hearing time and place, but it shall be, where feasible, within	11622
the jurisdiction of the state. Not later than five calendar days	11623
before the hearing, each of the parties shall submit to the	11624
~~conciliator~~, to the opposing party, and to the board, a written	11625
report summarizing the unresolved issues, the party's final offer	11626
as to the issues, and the rationale for that position.	11627

~~(4) Upon the request by the conciliator, the board shall~~	11628
~~issue subpoenas for the hearing.~~	11629

~~(5) The conciliator may administer oaths.~~

11630

~~(6) The conciliator shall hear testimony from the parties and~~	11631
~~provide for a written record to be made of all statements at the~~	11632
~~hearing. The board shall submit for inclusion in the record and~~	11633
~~for consideration by the conciliator the written report and~~	11634
~~recommendation of the fact-finders.~~	11635

~~(7) After hearing, the conciliator shall resolve the dispute~~	11636
~~between the parties by selecting, on an issue-by-issue basis, from~~	11637
~~between each of the party's final settlement offers, taking into~~	11638
~~consideration the following:~~	11639

~~(a) Past collectively bargained agreements, if any, between~~	11640
~~the parties;~~	11641

~~(b) Comparison of the issues submitted to final offer~~	11642
~~settlement relative to the employees in the bargaining unit~~	11643
~~involved with those issues related to other public and private~~	11644
~~employees doing comparable work, giving consideration to factors~~	11645
~~peculiar to the area and classification involved;~~	11646

~~(c) The interests and welfare of the public, the ability of~~	11647
~~the public employer to finance and administer the issues proposed~~,	11648
~~and the effect of the adjustments on the normal standard of public~~	11649
~~service~~;	11650

~~(d) The lawful authority of the public employer;~~

11651

~~(e) The stipulations of the parties;~~

11652

~~(f) Such other factors, not confined to those listed in this~~	11653
~~section, which are normally or traditionally taken into~~	11654
~~consideration in the determination of the issues submitted to~~	11655
~~final offer settlement through voluntary collective bargaining,~~	11656
~~mediation, fact-finding, or other impasse resolution procedures in~~	11657
~~the public service or in private employment.~~	11658

~~(8) Final offer settlement awards made under Chapter 4117. of~~	11659
~~the Revised Code are subject to Chapter 2711. of the Revised Code.~~	11660

~~(9) If more than one conciliator is used, the determination~~	11661
~~must be by majority vote.~~	11662

~~(10) The conciliator shall make written findings of fact and~~	11663
~~promulgate a written opinion and order upon the issues presented~~	11664
~~to the conciliator, and upon the record made before the~~	11665
~~conciliator and shall mail or otherwise deliver a true copy~~	11666
~~thereof to the parties and the board.~~	11667

~~(11) Increases in rates of compensation and other matters~~	11668
~~with cost implications awarded by the conciliator may be effective~~	11669
~~only at the start of the fiscal year next commencing after the~~	11670
~~date of the final offer settlement award; provided that if a new~~	11671
~~fiscal year has commenced since the issuance of the board order to~~	11672
~~submit to a final offer settlement procedure, the awarded~~	11673
~~increases may be retroactive to the commencement of the new fiscal~~	11674
~~year. The parties may, at any time, amend or modify a~~	11675
~~conciliator's award or order by mutual agreement.~~	11676

~~(12) The parties shall bear equally the cost of the final~~	11677
~~offer settlement procedure.~~	11678

~~(13) Conciliators appointed pursuant to this section shall be~~	11679
~~residents of the state.~~	11680

~~(H) All final offer settlement awards and orders of the~~	11681
~~conciliator made pursuant to Chapter 4117. of the Revised Code are~~	11682
~~subject to review by the court of common pleas having jurisdiction~~	11683
~~over the public employer as provided in Chapter 2711. of the~~	11684
~~Revised Code. If the public employer is located in more than one~~	11685
~~court of common pleas district, the court of common pleas in which~~	11686
~~the principal office of the chief executive is located has~~	11687
~~jurisdiction.~~	11688

~~(I) The issuance of a final offer settlement award~~	11689
~~constitutes a binding mandate to the public employer and the~~	11690
~~exclusive representative to take whatever actions are necessary to~~	11691
~~implement the award.~~chief executive officer of the public	11692
employer involved shall submit to the legislative body of the	11693
public employer a copy of the public employer's last best offer,	11694
and the exclusive representative shall submit the exclusive	11695
representative's last best offer.	11696

(2) After receiving the submissions required under division	11697
(D)(1) of this section, the legislative body or a duly authorized	11698
committee of the legislative body shall conduct a hearing, within	11699
fifteen days after the date the collective bargaining agreement	11700
expires, at which the parties shall be required to explain their	11701
positions with respect to the report of the fact-finder. After	11702
receipt of the submissions and prior to the hearing, the	11703
legislative body shall have the chief financial officer of the	11704
legislative body determine which last best offer costs more. The	11705
chief financial officer shall certify the results of the	11706
determination to the legislative body. The legislative body shall	11707
hold the hearing open to the public and shall not deem the hearing	11708
an executive session of the legislative body. Upon the conclusion	11709
of the hearing, the legislative body shall vote, within fifteen	11710
days after the date the collective bargaining agreement expires,	11711
to accept either the last best offer of the exclusive	11712
representative or the last best offer of the public employer.	11713
Increases in rates of compensation and other matters with cost	11714
implications may be effective only at the start of the fiscal year	11715
next commencing after the date of the decision of the legislative	11716
body under this division; provided that if a new fiscal year has	11717
commenced since the submission to the legislative body for a	11718
decision under this division, the awarded increases may be	11719
retroactive to the commencement of the new fiscal year. The	11720
parties shall execute a collective bargaining agreement that	11721
represents the last best offer chosen by the legislative body and	11722
that agreement shall be effective for a term of three years. If,	11723
by reason of a tie vote, or for any other reason, the legislative	11724
body does not accept either last best offer within thirty days	11725
after the date the collective bargaining agreement expires, then	11726
the public employer's last best offer becomes the agreement	11727
between the parties, and that agreement shall be effective for a	11728
term of three years.	11729

(3) As used in division (D) of this section, "legislative	11730
body" means any of the following:	11731

(a) With respect to the state or any agency, authority,	11732
commission, or board of the state, the controlling board;	11733

(b) With respect to a state institution of higher education,	11734
the board of trustees of the institution;	11735

(c) With respect to public employees who are members of an	11736
exclusive nurses unit and who are employed by a hospital, the	11737
board of trustees of the hospital.	11738

Sec. 4117.141. (A) This section shall apply to an agreement	11739
involving a public employer that has a defined geographic area	11740
located within this state. This section does not apply to a public	11741
employer that is the state, a state institution of higher	11742
education, or a public employer that does not have a defined	11743
geographic area within this state.	11744

(B) Within three days after the legislative body selects a	11745
last best offer under division (D) of section 4117.14 of the	11746
Revised Code or the public employer's last best offer becomes the	11747
agreement due to the failure of the legislative body to make a	11748
selection as described under that division, as applicable, the	11749
chief financial officer of the legislative body of the public	11750
employer shall determine whether sufficient revenues exist to	11751
cover the agreement.	11752

(C) If the legislative body selects the last best offer that	11753
the chief financial officer determines costs more and if the chief	11754
financial officer cannot or refuses to make the determination	11755
required under division (B) of this section, either party to the	11756
agreement or any constituent who resides within the geographical	11757
area of the public employer that is a party to the agreement may	11758
submit the last best offer from each party that was submitted to	11759
the legislative body under division (D) of section 4117.14 of the	11760
Revised Code to the electors in accordance with this division and	11761
division (D) of this section. The party or constituent shall	11762
submit to the board the signatures of either five per cent of the	11763
number of electors within that area that voted in the most recent	11764
gubernatorial election or one hundred electors who reside in the	11765
geographic area, whichever is greater. The petition for collecting	11766
the signatures shall include a summary of each last best offer.	11767
The signatures shall comply with the requirements of sections	11768
3501.38 and 3519.10 of the Revised Code. The signatures shall be	11769
submitted not later than seventy-five days prior to the date of	11770
the election described in division (D) of this section. If the	11771
petition contains the required number of signatures, the board	11772
shall submit the last best offers to the electors as described in	11773
division (D) of this section.	11774

(D) If the last best offers are required to be submitted to	11775
the electors under division (C) of this section, the board shall	11776
place the question described in this division on the ballot at the	11777
next succeeding general election or at a special election on the	11778
day of the next succeeding primary election in any year occurring	11779
subsequent to seventy-five days after the petition is filed under	11780
division (C)(2) of this section. The ballot language shall include	11781
the summaries required under division (E) of this section and the	11782
following question:	11783

"Vote for not more than one:

11784

The union's labor contract proposal

11785

The (name of public employer) labor contract proposal"

11786

Only electors who reside within the jurisdiction of the	11787
public employer are eligible to vote on the issue. The board shall	11788
place a copy of each last best offer at each polling location at	11789
which the electors vote on the issue.	11790

(E) Each party to the agreement shall prepare a summary of	11791
their respective last best offers, and the board shall include	11792
those summaries in the ballot language. All summaries prepared	11793
under this division shall be filed with the appropriate board of	11794
elections not later than sixty-five days before the date of the	11795
election. No summary shall exceed three hundred words.	11796

The legislative body of the public employer shall post on the	11797
web site of the legislative body the full text of each last best	11798
offer submitted to the legislative body under division (D) of	11799
section 4117.14 of the Revised Code.	11800

(F) Notice of the election shall be published in a newspaper	11801
of general circulation in the applicable voting area once a week	11802
for two consecutive weeks prior to the election, and if the board	11803
of elections maintains a web site, the board shall post notice of	11804
the election on the web site for thirty days prior to the	11805
election. Each notice shall contain the summaries required under	11806
division (E) of this section.	11807

(G) The election shall be conducted, canvassed, and certified	11808
in the same manner as regular elections. The last best offer	11809
receiving a majority of the votes cast in the election shall	11810
become the agreement of the parties. The parties shall enter into	11811
the agreement in accordance with the last best offer upon	11812
certification by the board of the results of the election. The	11813
public employer and exclusive representative shall be subject to	11814
the last best offer selected by the electors for three years after	11815
the date the results of the election are certified.	11816

(H) During the time period between the date that the question	11817
is required to appear on the ballot under division (C) of this	11818
section and the date the board certifies the results of the	11819
election, the parties shall implement the provisions of the public	11820
employer's last best offer.	11821

(I) Any agreement entered into under this chapter on or after	11822
the effective date of this section by a public employer that is	11823
subject to this section shall contain a provision that states that	11824
the agreement may be subject to approval of the voters as	11825
described in this section.	11826

Sec. 4117.15. (A) ~~Whenever a strike by members of a police~~	11827
~~or fire department, members of the state highway patrol, deputy~~	11828
~~sheriffs, dispatchers employed by a police, fire or sheriff's~~	11829
~~department or the state highway patrol or civilian dispatchers~~	11830
~~employed by a public employer other than a police, fire, or~~	11831
~~sheriff's department to dispatch police, fire, sheriff's~~	11832
~~department, or emergency medical or rescue personnel and units, an~~	11833
~~exclusive nurse's unit, employees of the state school for the deaf~~	11834
~~or the state school for the blind, employees of any public~~	11835
~~employee retirement system, correction officers, guards at penal~~	11836
~~or mental institutions, or special police officers appointed in~~	11837
~~accordance with sections 5119.14 and 5123.13 of the Revised Code,~~	11838
~~psychiatric attendants employed at mental health forensic~~	11839
~~facilities, youth leaders employed at juvenile correctional~~	11840
~~facilities, or members of a law enforcement security force that is~~	11841
~~established and maintained exclusively by a board of county~~	11842
~~commissioners and whose members are employed by that board, a~~	11843
~~strike by other public employees during the pendency of the~~	11844
~~settlement procedures set forth in section 4117.14 of the Revised~~	11845
~~Code, or a strike during the term or extended term of a collective~~	11846
~~bargaining agreement occurs, the public employer may seek an~~	11847
~~injunction against the strike in the court of common pleas of the~~	11848
~~county in which the strike is located.~~	11849

~~(B)~~No public employee or employee organization shall engage	11850
in a strike, and no public employee or employee organization shall	11851
cause, instigate, encourage, or condone a strike. Whenever a	11852
strike occurs, the public employer may seek an injunction against	11853
the strike in the court of common pleas of the county in which the	11854
strike is located.	11855

(B) Any person who violates division (A) of this section may	11856
be subject to removal or other disciplinary action provided by law	11857
for misconduct. The public employer, the state employment	11858
relations board, or any court of competent jurisdiction shall not	11859
waive the penalties or fines provided in this section as part of	11860
the settlement of an illegal strike.	11861

(C) A public employee who is absent from work without	11862
permission or who abstains wholly or in part from the full	11863
performance of the employee's duties in the employee's normal	11864
manner without permission, on the date when a strike occurs, shall	11865
be presumed to have engaged in the strike on that date.	11866

(D) No person exercising on behalf of any public employer any	11867
authority, supervision, or direction over any public employee	11868
shall have the power to authorize, approve, condone, or consent to	11869
a strike, or the engaging in a strike, by one or more public	11870
employees, and such person shall not authorize, approve, condone	11871
or consent to such strike or engagement.	11872

(E) In the event that it appears that a violation of this	11873
section may have occurred, the chief executive officer of the	11874
public employer involved shall, on the basis of such investigation	11875
and affidavits as the chief executive officer may deem	11876
appropriate, determine whether or not such violation has occurred	11877
and the dates of such violation. If the chief executive officer	11878
determines that such violation has occurred, the chief executive	11879
officer shall also determine, on the basis of such further	11880
investigation and affidavits as the chief executive officer may	11881
deem appropriate, the names of public employees who committed the	11882
violation and the dates thereof. Such determination shall not be	11883
final until the completion of the procedures provided for in this	11884
section.	11885

(F) The chief executive officer shall immediately notify each	11886
public employee that the chief executive officer has been found to	11887
have committed the violation, the dates of the violation, and that	11888
the public employee has the right to object to the determination	11889
under division (H) of this section. The chief executive officer	11890
shall also notify the chief fiscal officer of the public employer	11891
involved of the names of all the employees determined to have	11892
violated this section and of the total number of days, or portions	11893
thereof, on which it has been determined that the violation	11894
occurred. Notice to each employee shall be by personal service or	11895
by certified mail to the employee's last address filed by the	11896
employee with the employer.	11897

(G) Not earlier than thirty days or later than ninety days	11898
following the date of the determination made under division (E) of	11899
this section, the chief fiscal officer of the public employer	11900
involved shall deduct from the compensation of each such public	11901
employee an amount equal to twice the employee's daily rate of pay	11902
for each day or part thereof that the chief executive officer	11903
determined that the employee violated this section. The employee's	11904
daily rate of pay is the employee's rate of pay at the time of the	11905
violation. In computing the deduction, the chief fiscal officer	11906
shall allow credit for amounts already withheld from an employee's	11907
compensation on account of the employee's absence from work or	11908
other withholding of services on the dates of the violation. In	11909
computing the thirty-day to ninety-day period of time following	11910
the determination of a violation pursuant to division (E) of this	11911
section if the employee's annual compensation is paid over a	11912
period of time that is less than fifty-two weeks, the chief fiscal	11913
officer shall not count that period of time between the last day	11914
of the last payroll period of the employment term in which the	11915
violation occurred and the first day of the first payroll period	11916
of the next succeeding employment term.	11917

(H) Within twenty days after the date on which notice was	11918
served or mailed to a public employee pursuant to division (F) of	11919
this section, the employee determined to have violated this	11920
section may object to the determination by filing with the chief	11921
executive officer the employee's sworn affidavit, which shall	11922
contain a short and plain statement of the facts upon which the	11923
employee relies to show that such determination was incorrect and	11924
which shall be supported by available documentary proof. An	11925
employee who submits an affidavit pursuant to this division shall	11926
be subject to the penalties of perjury.	11927

(1) If the chief executive officer determines that the	11928
affidavit and supporting proof establishes that the employee did	11929
not violate this section, the chief executive officer shall	11930
sustain and dismiss the objection and so notify the employee.	11931

(2) If the chief executive officer determines that the	11932
affidavit and supporting proof raises a question of fact which, if	11933
resolved in favor of the employee, would establish that the	11934
employee did not violate this section, the chief executive officer	11935
shall appoint a hearing officer to determine whether in fact the	11936
employee did violate this section. The employee shall bear the	11937
burden of proof at the hearing. If the hearing officer determines	11938
that the employee failed to establish that the employee did not	11939
violate this section, the chief executive officer shall so notify	11940
the employee.	11941

(3) If the chief executive officer sustains an objection or	11942
the hearing officer determines on a preponderance of the evidence	11943
that the employee did not violate this section, the chief	11944
executive officer shall immediately notify the chief fiscal	11945
officer who shall cease all further deductions and refund any	11946
deductions previously made pursuant to division (G) of this	11947
section.	11948

(I) The determinations provided in this section shall be	11949
reviewable pursuant to Chapter 119. of the Revised Code.	11950

(J) An unfair labor practice by a public employer is not a	11951
defense to the injunction proceeding noted in division (A) of this	11952
section. Allegations of unfair labor practices during the	11953
settlement procedures set forth in section 4117.14 of the Revised	11954
Code shall receive priority by the state employment relations	11955
board.	11956

~~(C)~~(K) No public employee is entitled to pay or compensation	11957
from the public employer for the period engaged in any strike.	11958

(L) As used in this section and section 4117.27 of the	11959
Revised Code "public employee" has the same meaning as in section	11960
4117.01 of the Revised Code, except "public employee" also	11961
includes those persons listed in divisions (C)(1) to (18) of that	11962
section.	11963

Sec. 4117.18. (A) No person shall purposely refuse to obey	11964
an order issued by a court of competent jurisdiction under Chapter	11965
4117. of the Revised Code.	11966

(B) No person shall purposely refuse to obey a lawful order	11967
of the state employment relations board, nor shall any person	11968
prevent or attempt to prevent any member of the board or any agent	11969
of the board from performing ~~his~~the member's or agent's lawful	11970
duties.	11971

~~(C) No public employee shall engage in any unauthorized~~	11972
~~strike.~~	11973

Sec. 4117.20. (A) No person who is a member of the same	11974
local, state, national, or international organization as the	11975
employee organization with which the public employer is bargaining	11976
or who has an interest in the outcome of the bargaining, which	11977
interest is in conflict with the interest of the public employer,	11978
shall participate on behalf of the public employer in the	11979
collective bargaining process except that the person may, where	11980
entitled, vote on the ratification of an agreement.	11981

(B) No public official or employee shall participate on	11982
behalf of a public employer in the collective bargaining process	11983
with respect to any matter in which the immediate family of the	11984
official or employee has a direct interest in the outcome of the	11985
matter. As used in this division, "immediate family" has the same	11986
meaning as in section 102.01 of the Revised Code.	11987

(C) The public employer shall immediately remove from ~~his~~the	11988
person's role, if any, in the collective bargaining negotiations	11989
or in any matter in connection with negotiations any person who	11990
violates division (A) or (B) of this section.	11991

Sec. 4117.21. Collective bargaining meetings between public	11992
employers and employee organizations are private, and are not	11993
subject to section 121.22 of the Revised Code, except fact-finding	11994
hearings held pursuant to section 4117.14 of the Revised Code may	11995
be open to the public if either the public employer or the	11996
exclusive representative requests the hearing be open.	11997

Sec. 4117.26. (A) As used in this section, "compensation"	11998
means wages, salary, and other earnings paid to a public employee	11999
by reason of employment. "Compensation" includes all of the	12000
following that are provided by a public employer to a public	12001
employee:	12002

(1) Allowances for food or drink;

12003

(2) Allowances or stipends for clothing;

12004

(3) Compensation in addition to base salary for labor	12005
performed or services rendered by the public employee, including	12006
any additional compensation paid for attending an event that	12007
occurs outside the public employee's normal work schedule;	12008

(4) Payments for length of service;

12009

(5) Allowances for dry cleaning services;

12010

(6) Insurance coverage, including health insurance, vision	12011
insurance, dental insurance, disability insurance, or life	12012
insurance;	12013

(7) Anything of value given to a public employee by a public	12014
employer for labor performed or services rendered by the public	12015
employee that is not generally offered to any of the public	12016
employer's employees that are not subject to a collective	12017
bargaining agreement, unless they are de minimis.	12018

(B) Beginning with the first collective bargaining agreement	12019
entered into on or after the effective date of this section	12020
between a public employer and an exclusive representative that	12021
represents public employees employed by the public employer, and	12022
for each collective bargaining agreement entered into thereafter,	12023
the public employer shall issue a report that lists all of the	12024
following:	12025

(1) Each provision in the collective bargaining agreement	12026
that affects the compensation paid by the public employer to the	12027
public employer's public employees;	12028

(2) A description of the changes in compensation paid to the	12029
public employer's public employees that are not addressed in the	12030
collective bargaining agreement but will occur during the time	12031
period the collective bargaining agreement is in effect;	12032

(3) Any material terms of the agreement.

12033

(C) Not more than thirty days after a public employer and the	12034
exclusive representative enter into the collective bargaining	12035
agreement, the public employer shall submit the report required	12036
under division (B) of this section to the state employment	12037
relations board and post a copy of the report in a conspicuous	12038
manner on the web site maintained by the public employer. Upon	12039
receipt of a report from a public employer, the board shall post a	12040
copy of the report in a conspicuous manner on the web site	12041
maintained by the board. If a public employer does not maintain a	12042
web site, then the public employer shall provide copies of the	12043
report to two newspapers of general circulation, as defined in	12044
section 5721.01 of the Revised Code, in the county in which the	12045
public employer is located. If the public employer is located in	12046
more than one county, then the public employer shall provide	12047
copies of the report to newspapers of general circulation in	12048
Cincinnati, Cleveland, Columbus, and Toledo.	12049

(D)(1) If a change in compensation is to occur during the	12050
time period a collective bargaining agreement is in effect and	12051
that change was not included in the report described in division	12052
(B) of this section, or if the public employer and an exclusive	12053
representative enter into a modified collective bargaining	12054
agreement during that time period, the public employer shall do	12055
all of the following:	12056

(a) Update the report described in division (B) of this	12057
section;	12058

(b) Submit the updated report to the board not less than five	12059
days prior to the date the change or modified agreement is to take	12060
effect;	12061

(c) Post the updated report in a conspicuous manner on the	12062
web site maintained by the public employer not less than five days	12063
prior to the date the change or modified agreement is to take	12064
effect.	12065

(2) Upon receipt of an updated report under division (D)(1)	12066
of this section, the board shall post a copy of the report in a	12067
conspicuous manner on the web site maintained by the board.	12068

Sec. 4117.27. Where it appears that an employee organization	12069
or public employees threaten or are about to violate section	12070
4117.15 of the Revised Code by engaging in a strike, the chief	12071
executive officer of the public employer involved shall	12072
immediately notify the chief legal officer of the public employer	12073
involved and provide the chief legal officer with any facilities,	12074
assistance, or data as will enable the chief legal officer to	12075
carry out the chief legal officer's duties.	12076

Sec. 4123.352. (A) There is hereby created the self-insuring	12077
employers evaluation board consisting of three members. The member	12078
of the industrial commission representing the public shall be a	12079
member of the self-insuring employers evaluation board and shall	12080
serve, ex officio, as ~~chairman~~chairperson. The governor shall	12081
appoint the remaining two members with the advice and consent of	12082
the senate. One member shall be a member of the Ohio	12083
self-insurance association and one member shall be a	12084
representative of labor. Not more than two of the three members of	12085
the board may be of the same political party.	12086

Of the two members originally appointed by the governor	12087
pursuant to this section, one shall serve an initial term of two	12088
years and one an initial term of four years. Thereafter, terms of	12089
office of the two members are for four years, each term ending on	12090
the same date as the original date of appointment. Any member	12091
appointed to fill a vacancy occurring prior to the expiration of	12092
the term for which ~~his~~the member's predecessor was appointed	12093
shall hold office for the remainder of such term. Any member shall	12094
continue in office subsequent to the expiration date of ~~his~~the	12095
member's term until ~~his~~the member's successor takes office, or	12096
until a period of sixty days has elapsed, whichever occurs first.	12097
A vacancy in an unexpired term shall be filled in the same manner	12098
as the original appointment. The governor may remove any member	12099
pursuant to section 3.05 of the Revised Code.	12100

The board member who also is a member of the commission shall	12101
receive no additional compensation but shall be reimbursed for	12102
actual and necessary expenses in the performance of ~~his~~the board	12103
member's duties. The two remaining members of the board shall	12104
receive per diem compensation fixed pursuant to division ~~(J)~~(A) of	12105
section 124.15 of the Revised Code and actual and necessary	12106
expenses incurred in the performance of their duties.	12107

For administrative purposes, the board is a part of the	12108
bureau of workers' compensation, and the bureau shall furnish the	12109
board with necessary office space, staff, and supplies. The board	12110
shall meet as required by the administrator of workers'	12111
compensation.	12112

(B) In addition to the grounds listed in section 4123.35 of	12113
the Revised Code pertaining to criteria for being granted the	12114
status as a self-insuring employer, the grounds upon which the	12115
administrator may revoke or refuse to renew the status includes	12116
failure to comply with any rules or orders of the administrator or	12117
to pay contributions to the self-insuring employers' guaranty fund	12118
established by section 4123.351 of the Revised Code, continued	12119
failure to file medical reports bearing upon the injury of the	12120
claimant, and failure to pay compensation or benefits in	12121
accordance with law in a timely manner. A deficiency in any of the	12122
grounds listed in this division is sufficient to justify the	12123
administrator's revocation or refusal to renew the employer's	12124
status as a self-insuring employer. The administrator need not	12125
revoke or refuse to renew an employer's status as a self-insuring	12126
employer if adequate corrective action is taken by the employer	12127
pursuant to division (C) of this section.	12128

(C) The administrator shall refer to the board all complaints	12129
or allegations of misconduct against a self-insuring employer or	12130
questions as to whether a self-insuring employer continues to meet	12131
minimum standards. The board shall investigate and may order the	12132
employer to take corrective action in accordance with the schedule	12133
the board fixes. The board's determination in this regard need not	12134
be made by formal hearing but shall be issued in written form and	12135
contain the signature of at least two board members. If the board	12136
determines, after a hearing conducted pursuant to Chapter 119. of	12137
the Revised Code and the rules of the bureau, that the employer	12138
has failed to correct the deficiencies within the time fixed by	12139
the board or is otherwise in violation of this chapter, the board	12140
shall recommend to the administrator revocation of an employer's	12141
status as a self-insuring employer or such other penalty which may	12142
include, but is not limited to, probation, or a civil penalty not	12143
to exceed ten thousand dollars for each failure. A board	12144
recommendation to revoke an employer's status as a self-insuring	12145
employer shall be by unanimous vote. A recommendation for any	12146
other penalty shall be by majority vote. Where the board makes	12147
recommendations to the administrator for disciplining a	12148
self-insuring employer, the administrator promptly and fully shall	12149
implement the recommendations.	12150

Sec. 4301.07. Each member of the liquor control commission	12151
shall devote the member's entire time to the duties of office and	12152
shall hold no other public position of trust or profit. No member	12153
of the commission, nor the superintendent of liquor control, nor	12154
any of the employees of the commission or of the division of	12155
liquor control, shall have any direct financial interest in, or	12156
any interest otherwise prohibited by Chapter 102. or section	12157
2921.42 or 2921.43 of the Revised Code in, the manufacture,	12158
distribution, or sale of beer or intoxicating liquor.	12159

Each member of the commission and the chairperson shall	12160
receive a salary fixed pursuant to division ~~(J)~~(A) of section	12161
124.15 of the Revised Code. In addition to that salary, each	12162
member shall receive actual and necessary travel expenses in	12163
connection with commission hearings and business. The chairperson	12164
shall be an attorney at law who has had five years of active law	12165
practice.	12166

Sec. 4517.30. The motor vehicle dealers board shall consist	12167
of eleven members. The registrar of motor vehicles or the	12168
registrar's designee shall be a member of the board, and the other	12169
ten members shall be appointed by the governor with the advice and	12170
consent of the senate. Not more than five of the ten members other	12171
than the registrar shall be of any one political party, and of the	12172
ten:	12173

(A) Three shall represent the public and shall not have	12174
engaged in the business of selling motor vehicles at retail in	12175
this state;	12176

(B) Five shall have been engaged in the business of selling	12177
motor vehicles at retail in this state for at least five years and	12178
have been engaged in such business within two years prior to the	12179
date of their appointment. Of these five:	12180

(1) Three shall have been engaged in the sale of new motor	12181
vehicles;	12182

(2) One shall have been engaged in the business of selling	12183
recreational vehicles at retail;	12184

(3) One shall have been engaged in the sale of used motor	12185
vehicles.	12186

(C) Two shall have been engaged in the leasing of motor	12187
vehicles.	12188

Terms of office of the ten members appointed by the governor	12189
shall be for three years, commencing on the fifth day of October	12190
and ending on the fourth day of October. Each member shall hold	12191
office from the date of the member's appointment until the end of	12192
the term for which the member was appointed. Any member appointed	12193
to fill a vacancy occurring prior to the expiration of the term	12194
for which the member's predecessor was appointed shall hold office	12195
for the remainder of such term. Any appointed member shall	12196
continue in office subsequent to the expiration date of the	12197
member's term until a successor takes office, or until a period of	12198
sixty days has elapsed, whichever occurs first. Annually the board	12199
shall organize by selecting from its members a president. Each	12200
appointed member of the board shall receive an amount fixed in	12201
accordance with division ~~(J)~~(A) of section 124.15 of the Revised	12202
Code, and shall be reimbursed for the actual and necessary	12203
expenses incurred in the discharge of the member's official	12204
duties.	12205

Sec. 4701.03. (A) The accountancy board annually shall elect	12206
a president, secretary, and treasurer from its members. The board	12207
may adopt and amend rules for the orderly conduct of its affairs	12208
and for the administration of this chapter. The board may adopt	12209
and amend rules defining the practice of public accounting, rules	12210
of professional conduct appropriate to establish and maintain a	12211
high standard of integrity and dignity in registrants and	12212
certificate holders under this chapter, and rules regulating the	12213
sole proprietorship, partnership, limited liability company,	12214
professional association, corporation-for-profit, or other legal	12215
entity practice of public accounting. A majority of the board	12216
shall constitute a quorum for the transaction of business.	12217

(B) The board shall keep and hold open for public inspection	12218
all records of its proceedings.	12219

(C) The board may employ any clerks that are necessary to	12220
assist it in the performance of its duties and the keeping of its	12221
records. If the board employs an executive director, the board	12222
shall pay the executive director ~~shall be paid~~ in accordance with	12223
~~pay range 18 of schedule E-1 of section 124.152 of the Revised~~	12224
~~Code, or, if the director was employed and being paid on June 28,~~	12225
~~2003, in accordance with step 7 in pay range 18 of schedule E-1 of~~	12226
~~former section 124.152 of the Revised Code and continued to be so~~	12227
~~paid on June 29, 2003, the executive director shall be paid in~~	12228
~~accordance with pay range 18 of salary schedule E-1 for step seven~~	12229
~~only of~~ section 124.152 of the Revised Code.	12230

Sec. 4701.05. Each member of the accountancy board shall be	12231
paid an amount fixed pursuant to division ~~(J)~~(A) of section 124.15	12232
of the Revised Code for each day or portion ~~thereof~~of a day spent	12233
in the discharge of ~~his~~ official duties and shall be reimbursed	12234
for ~~his~~the actual and necessary expenses incurred by the member	12235
in the discharge of ~~such~~those duties.	12236

Sec. 4703.03. (A) The architects board shall enforce	12237
sections 4703.01 to 4703.19 of the Revised Code, may subpoena	12238
witnesses and records in connection with its investigations, and	12239
may incur such expenses as are necessary.	12240

(B) Each member of the board shall be entitled to receive, as	12241
a part of the expense of the board, an amount fixed pursuant to	12242
division ~~(J)~~(A) of section 124.15 of the Revised Code while	12243
actually engaged in attendance at meetings, in conducting	12244
examinations, or in the performance of official duties.	12245

(C) The members shall receive also, as a part of the expense	12246
of the board, the amount of actual traveling, hotel, and other	12247
necessary expenses incurred in the performance of their duties.	12248

(D) The secretary, executive secretary, and clerical	12249
assistants of the board shall give bond to the state in such sum	12250
as the board determines, but not less than three thousand dollars,	12251
conditioned upon the faithful discharge of their duties. Premiums	12252
for such bonds shall be paid by the board. Such bonds with	12253
approval of the board endorsed on them shall be deposited with the	12254
secretary of state and kept in the secretary of state's office.	12255

Sec. 4703.31. (A) There is hereby created the state board of	12256
landscape architect examiners. The board shall consist of five	12257
members appointed by the governor. All appointments made to the	12258
board shall be for a five-year term commencing on the eleventh day	12259
of November and ending on the tenth day of November. Each member	12260
shall hold office from the date of appointment until the end of	12261
the term to which the member was appointed. Any member shall	12262
continue in office subsequent to the expiration date of the	12263
member's term until the member's successor is appointed, or until	12264
a period of sixty days has elapsed, whichever occurs first. Three	12265
of the members shall be landscape architects registered under	12266
sections 4703.33 to 4703.37 of the Revised Code for not less than	12267
five years prior to appointment to the board. One member shall be	12268
appointed from a licensed design profession and one member shall	12269
represent the public. Any member of the board may be removed by	12270
the governor at any time for cause.	12271

(B) In the event of a vacancy in the office of a member of	12272
the board other than by reason of the expiration of a term, the	12273
governor, not later than ninety days after the occurrence of the	12274
vacancy, shall appoint a person to hold office for the remainder	12275
of the unexpired term.	12276

(C) The board shall elect from its members a president and a	12277
secretary who shall hold those offices for one year.	12278

(D) Each member of the board shall receive as a part of the	12279
expense of the board an amount fixed pursuant to division ~~(J)~~(A)	12280
of section 124.15 of the Revised Code for each day actually	12281
employed in the discharge of official duties, along with other	12282
necessary expenses.	12283

(E) The board shall meet at least twice each calendar year	12284
for purposes of transacting regular business and may hold other	12285
meetings upon the call of the president or a majority of the	12286
members of the board after reasonable notice to the other board	12287
members of the time and place of the meeting. Three members of the	12288
board constitute a quorum for the transaction of business.	12289

(F) The board shall utilize the physical facilities and	12290
administrative staff of the ~~state board of examiners of~~ architects	12291
board for the discharge of all the board's administrative duties	12292
in connection with the administration and enforcement of sections	12293
4703.30 to 4703.52 of the Revised Code. The state board of	12294
landscape architect examiners shall bear a proportionate share of	12295
the cost of those administrative services, which shall not exceed	12296
its revenue.	12297

Sec. 4709.04. (A) There is hereby created a barber board	12298
consisting of three members to be appointed by the governor with	12299
the advice and consent of the senate as follows: two barbers, one	12300
of whom is an employer barber and one of whom is employed as a	12301
barber, both of whom have been licensed in this state for at least	12302
five years immediately preceding their appointment; and one person	12303
who represents the general public and who has no connection to the	12304
practice of barbering except as a consumer of barbering services.	12305
Each member of the board shall have received a high school diploma	12306
or a certificate of high school equivalence issued by the state	12307
board of education. No more than two members of the board shall be	12308
of the same political party. No member of the board shall be	12309
financially interested in, or have any financial connection with,	12310
any barber school or wholesale cosmetic, barber supply, or	12311
equipment business, nor shall any member teach barbering for	12312
monetary consideration. Terms of office are for three years,	12313
commencing on the twenty-seventh day of September and ending on	12314
the twenty-sixth day of September. Each member shall serve on the	12315
board from the date of ~~his~~ appointment until the end of the term	12316
for which ~~he was~~ appointed except that if a successor member has	12317
not been appointed by the end of the term, the member shall	12318
continue until the appointment or until a period of sixty days has	12319
elapsed, whichever occurs first. In the case of vacancies	12320
occurring on the board, the governor shall, in the same manner	12321
prescribed for regular appointment to the board, fill the position	12322
by appointing a member to serve for the remainder of the term.	12323

(B) A majority of the members of the board constitutes a	12324
quorum to transact and vote on the business of the board. Each	12325
member shall receive an amount fixed pursuant to division ~~(J)~~(A)	12326
of section 124.15 of the Revised Code for each day actually	12327
employed in the discharge of ~~his~~ official duties. In addition,	12328
each member shall receive ~~his~~the actual and ~~his~~ necessary	12329
expenses incurred in the performance of ~~his~~ official duties.	12330

(C) The governor may remove any member for cause prior to the	12331
expiration of the member's term of office.	12332

Sec. 4715.06. Each member of the state dental board shall	12333
receive an amount fixed pursuant to division ~~(J)~~(A) of section	12334
124.15 of the Revised Code for each day actually employed in the	12335
discharge of the official duties of the member, and the necessary	12336
expenses of the member. The secretary and vice-secretary shall be	12337
reimbursed for necessary expenses incurred in the discharge of the	12338
official duties of the secretary and vice-secretary, respectively.	12339
All vouchers of the board shall be approved by the board president	12340
or executive secretary, or both, as authorized by the board.	12341

Sec. 4717.02. (A) There is hereby created the board of	12342
embalmers and funeral directors consisting of seven members to be	12343
appointed by the governor with the advice and consent of the	12344
senate. Five members shall be licensed embalmers and practicing	12345
funeral directors, each with at least ten consecutive years of	12346
experience in this state immediately preceding the date of the	12347
person's appointment; one of these members shall be knowledgeable	12348
and experienced in operating a crematory. Two members shall	12349
represent the public; at least one of these members shall be at	12350
least sixty years of age.	12351

(B) Terms of office are for five years, commencing on the	12352
first day of July and ending on the last day of June. Each member	12353
shall hold office from the date of the member's appointment until	12354
the end of the term for which the member was appointed. Before	12355
entering upon the duties of the office, each member shall take and	12356
file with the secretary of state an oath of office as required by	12357
Section 7 of Article XV, Ohio Constitution.	12358

(C) The governor may remove a member of the board for neglect	12359
of duty, incompetency, or immoral conduct. Vacancies shall be	12360
filled in the manner provided for original appointments. Any	12361
member appointed to fill a vacancy occurring prior to the	12362
expiration date of the term for which the member's predecessor was	12363
appointed shall hold office as a member for the remainder of that	12364
term. A member shall continue in office subsequent to the	12365
expiration date of the member's term until the member's successor	12366
takes office, or until a period of sixty days has elapsed,	12367
whichever occurs first.	12368

(D) Each member of the board shall receive an amount fixed	12369
under division ~~(J)~~(A) of section 124.15 of the Revised Code for	12370
each day, not to exceed sixty days per year, employed in the	12371
discharge of the member's duties as a board member, together with	12372
any necessary expenses incurred in the performance of those	12373
duties.	12374

Sec. 4723.02. The board of nursing shall assume and exercise	12375
all the powers and perform all the duties conferred and imposed on	12376
it by this chapter.	12377

The board shall consist of thirteen members who shall be	12378
citizens of the United States and residents of Ohio. Eight members	12379
shall be registered nurses, each of whom shall be a graduate of an	12380
approved program of nursing education that prepares persons for	12381
licensure as a registered nurse, shall hold a currently active	12382
license issued under this chapter to practice nursing as a	12383
registered nurse, and shall have been actively engaged in the	12384
practice of nursing as a registered nurse for the five years	12385
immediately preceding the member's initial appointment to the	12386
board. Of the eight members who are registered nurses, at least	12387
one shall hold a valid certificate of authority issued under this	12388
chapter that authorizes the practice of nursing as a certified	12389
registered nurse anesthetist, clinical nurse specialist, certified	12390
nurse-midwife, or certified nurse practitioner. Four members shall	12391
be licensed practical nurses, each of whom shall be a graduate of	12392
an approved program of nursing education that prepares persons for	12393
licensure as a practical nurse, shall hold a currently active	12394
license issued under this chapter to practice nursing as a	12395
licensed practical nurse, and shall have been actively engaged in	12396
the practice of nursing as a licensed practical nurse for the five	12397
years immediately preceding the member's initial appointment to	12398
the board. One member shall represent the interests of consumers	12399
of health care. Neither this member nor any person in the member's	12400
immediate family shall be a member of or associated with a health	12401
care provider or profession or shall have a financial interest in	12402
the delivery or financing of health care. Representation of	12403
nursing service and nursing education and of the various	12404
geographical areas of the state shall be considered in making	12405
appointments.	12406

As the term of any member of the board expires, a successor	12407
shall be appointed who has the qualifications the vacancy	12408
requires. Terms of office shall be for four years, commencing on	12409
the first day of January and ending on the thirty-first day of	12410
December.	12411

A current or former board member who has served not more than	12412
one full term or one full term and not more than thirty months of	12413
another term may be reappointed for one additional term.	12414

Each member shall hold office from the date of appointment	12415
until the end of the term for which the member was appointed. The	12416
term of a member shall expire if the member ceases to meet any	12417
requirement of this section for the member's position on the	12418
board. Any member appointed to fill a vacancy occurring prior to	12419
the expiration of the term for which the member's predecessor was	12420
appointed shall hold office for the remainder of such term. Any	12421
member shall continue in office subsequent to the expiration date	12422
of the member's term until the member's successor takes office, or	12423
until a period of sixty days has elapsed, whichever occurs first.	12424

Nursing organizations of this state may each submit to the	12425
governor the names of not more than five nominees for each	12426
position to be filled on the board. From the names so submitted or	12427
from others, at the governor's discretion, the governor with the	12428
advice and consent of the senate shall make such appointments.	12429

Any member of the board may be removed by the governor for	12430
neglect of any duty required by law or for incompetency or	12431
unprofessional or dishonorable conduct, after a hearing as	12432
provided in Chapter 119. of the Revised Code.	12433

Seven members of the board including at least four registered	12434
nurses and at least one licensed practical nurse shall at all	12435
times constitute a quorum.	12436

Each member of the board shall receive an amount fixed	12437
pursuant to division ~~(J)~~(A) of section 124.15 of the Revised Code	12438
for each day in attendance at board meetings and in discharge of	12439
official duties, and in addition thereto, necessary expense	12440
incurred in the performance of such duties.	12441

The board shall elect one of its nurse members as president	12442
and one as vice-president. The board shall elect one of its	12443
registered nurse members to serve as the supervising member for	12444
disciplinary matters.	12445

The board may establish advisory groups to serve in	12446
consultation with the board or the executive director. Each	12447
advisory group shall be given a specific charge in writing and	12448
shall report to the board. Members of advisory groups shall serve	12449
without compensation but shall receive their actual and necessary	12450
expenses incurred in the performance of their official duties.	12451

Sec. 4725.06. Each member of the state board of optometry	12452
shall receive an amount fixed pursuant to division ~~(J)~~(A) of	12453
section 124.15 of the Revised Code for each day actually employed	12454
in the discharge of the official duties of the member, and the	12455
necessary expenses of the member.	12456

The executive director of the board shall receive	12457
reimbursement for necessary expenses incurred in the discharge of	12458
the executive director's official duties.	12459

All vouchers of the board shall be approved by the board	12460
president or executive director, or both, as authorized by the	12461
board.	12462

Sec. 4725.46. (A) Each member of the Ohio optical dispensers	12463
board shall receive compensation pursuant to division ~~(J)~~(A) of	12464
section 124.15 of the Revised Code~~, but shall not receive step~~	12465
~~advancements,~~ for each day actually employed in the discharge of	12466
~~his~~ official duties, and ~~his~~the member's actual and necessary	12467
expenses.	12468

(B) The executive secretary-treasurer shall receive	12469
compensation as fixed by the board and ~~his~~the executive	12470
secretary-treasurer's actual and necessary expenses incurred in	12471
the discharge of ~~his~~ official duties.	12472

Sec. 4729.03. The state board of pharmacy shall organize by	12473
electing a president and a vice-president who are members of the	12474
board. The president shall preside over the meetings of the board,	12475
but shall not vote upon matters determined by the board, except in	12476
the event of a tie vote, in which case the president shall vote.	12477
The board shall also employ an executive director who is a	12478
licensed pharmacist in good standing in the practice of pharmacy	12479
in this state. The person employed shall not be a member of the	12480
board. Each of the officers elected shall serve for a term of one	12481
year. The members of the board shall receive an amount fixed	12482
pursuant to division ~~(J)~~(A) of section 124.15 of the Revised Code	12483
for each day employed in the discharge of their official duties	12484
and their necessary expenses while engaged therein.	12485

Sec. 4730.05. (A) There is hereby created the physician	12486
assistant policy committee of the state medical board. The	12487
president of the board shall appoint the members of the committee.	12488
The committee shall consist of the seven members specified in	12489
divisions (A)(1) to (3) of this section. When the committee is	12490
developing or revising policy and procedures for	12491
physician-delegated prescriptive authority for physician	12492
assistants, the committee shall include the two additional members	12493
specified in division (A)(4) of this section.	12494

(1) Three members of the committee shall be physicians. Of	12495
the physician members, one shall be a member of the state medical	12496
board, one shall be appointed from a list of five physicians	12497
recommended by the Ohio state medical association, and one shall	12498
be appointed from a list of five physicians recommended by the	12499
Ohio osteopathic association. At all times, the physician	12500
membership of the committee shall include at least one physician	12501
who is a supervising physician of a physician assistant,	12502
preferably with at least two years' experience as a supervising	12503
physician.	12504

(2) Three members shall be physician assistants appointed	12505
from a list of five individuals recommended by the Ohio	12506
association of physician assistants.	12507

(3) One member, who is not affiliated with any health care	12508
profession, shall be appointed to represent the interests of	12509
consumers.	12510

(4) The two additional members, appointed to serve only when	12511
the committee is developing or revising policy and procedures for	12512
physician-delegated prescriptive authority for physician	12513
assistants, shall be pharmacists. Of these members, one shall be	12514
appointed from a list of five clinical pharmacists recommended by	12515
the Ohio pharmacists association and one shall be appointed from	12516
the pharmacist members of the state board of pharmacy, preferably	12517
from among the members who are clinical pharmacists.	12518

The pharmacist members shall have voting privileges only for	12519
purposes of developing or revising policy and procedures for	12520
physician-delegated prescriptive authority for physician	12521
assistants. Presence of the pharmacist members shall not be	12522
required for the transaction of any other business.	12523

(B) Terms of office shall be for two years, with each term	12524
ending on the same day of the same month as did the term that it	12525
succeeds. Each member shall hold office from the date of being	12526
appointed until the end of the term for which the member was	12527
appointed. Members may be reappointed, except that a member may	12528
not be appointed to serve more than three consecutive terms. As	12529
vacancies occur, a successor shall be appointed who has the	12530
qualifications the vacancy requires. A member appointed to fill a	12531
vacancy occurring prior to the expiration of the term for which a	12532
predecessor was appointed shall hold office as a member for the	12533
remainder of that term. A member shall continue in office	12534
subsequent to the expiration date of the member's term until a	12535
successor takes office or until a period of sixty days has	12536
elapsed, whichever occurs first.	12537

(C) Each member of the committee shall receive an amount	12538
fixed pursuant to division ~~(J)~~(A) of section 124.15 of the Revised	12539
Code for each day employed in the discharge of official duties as	12540
a member, and shall also receive necessary and actual expenses	12541
incurred in the performance of official duties as a member.	12542

(D) The committee members specified in divisions (A)(1) to	12543
(3) of this section by a majority vote shall elect a chairperson	12544
from among those members. The members may elect a new chairperson	12545
at any time.	12546

(E) The state medical board may appoint assistants, clerical	12547
staff, or other employees as necessary for the committee to	12548
perform its duties adequately.	12549

(F) The committee shall meet at least four times a year and	12550
at such other times as may be necessary to carry out its	12551
responsibilities.	12552

Sec. 4731.03. Each member of the state medical board shall	12553
receive an amount fixed pursuant to division ~~(J)~~(A) of section	12554
124.15 of the Revised Code for each day employed in the discharge	12555
of ~~his~~ official duties and ~~his~~the member's necessary expenses.	12556

Sec. 4732.05. The members of the state board of psychology	12557
and the members of the school psychology examination committee	12558
shall receive an amount fixed under division ~~(J)~~(A) of section	12559
124.15 of the Revised Code for each day employed in the discharge	12560
of their official duties, and their necessary expenses while	12561
engaged therein.	12562

Sec. 4733.05. Each member of the state board of registration	12563
for professional engineers and surveyors shall receive an amount	12564
fixed pursuant to division ~~(J)~~(A) of section 124.15 of the Revised	12565
Code per diem when actually attending to the work of the board or	12566
of any of its committees and for the time spent in necessary	12567
travel~~; and in~~. In addition ~~thereto~~, each board member shall be	12568
reimbursed for all actual traveling, hotel, and other expenses	12569
necessarily incurred in carrying out sections 4733.01 to 4733.23	12570
of the Revised Code.	12571

Sec. 4734.03. Each member of the state chiropractic board	12572
shall be paid at the appropriate rate for those days on which the	12573
member's services or duties are required. Each member of the board	12574
shall be paid at the rate established pursuant to division ~~(J)~~(A)	12575
of section 124.15 of the Revised Code ~~and shall not receive step~~	12576
~~advancements~~. In addition, each board member shall receive the	12577
member's necessary expenses.	12578

Sec. 4738.09. The motor vehicle salvage dealer's licensing	12579
board shall consist of five members. The registrar of motor	12580
vehicles or ~~his~~the registrar's designee shall be a member of the	12581
board, and the other four members shall be appointed by the	12582
governor with the advice and consent of the senate. Two appointed	12583
members shall have operated as a motor vehicle salvage dealer,	12584
salvage motor vehicle auction, or salvage motor vehicle pool in	12585
this state for at least five years and have been engaged in the	12586
business within two years previous to the date of their	12587
appointment. Two appointed members shall represent the public and	12588
shall not have been engaged in any such business or operation. Not	12589
more than two members other than the registrar shall be of any one	12590
political party. Terms of office of the four members appointed by	12591
the governor shall commence on the first day of August and end on	12592
the last day of July, and be for three years, except that one	12593
initial term shall be for one year, and one initial term shall be	12594
for two years. Each member shall hold office from the date of ~~his~~	12595
the member's appointment until the end of the term for which he	12596
the member was appointed. Any member appointed to fill a vacancy	12597
occurring prior to the expiration of the term for which ~~his~~the	12598
member's predecessor was appointed shall hold office for the	12599
remainder of such term. Any appointed member shall continue in	12600
office subsequent to the expiration date of ~~his~~the member's term	12601
until ~~his~~the member's successor takes office, or until a period	12602
of sixty days has elapsed, whichever occurs first. Annually the	12603
board shall organize by selecting from its members a president.	12604
Each appointed member of the board shall receive an amount fixed	12605
in accordance with division ~~(J)~~(A) of section 124.15 of the	12606
Revised Code for each day of actual service during the meetings of	12607
the board, and shall be reimbursed for the actual and necessary	12608
expenses incurred in the discharge of ~~his~~ official duties.	12609

Sec. 4741.02. There shall be a state veterinary medical	12610
licensing board consisting of seven members, who have been legal	12611
residents of this state for not less than five years, appointed by	12612
the governor with the advice and consent of the senate, as	12613
follows: five members who have been licensed to practice	12614
veterinary medicine in this state for not less than five	12615
consecutive years prior to their appointment; one member who is a	12616
registered veterinary technician registered pursuant to this	12617
chapter for not less than five consecutive years prior to	12618
appointment; and one member who is a representative of the public.	12619
Terms of office are for three years, commencing on the first day	12620
of January and ending on the thirty-first day of December. Each	12621
member shall hold office from the date of the member's appointment	12622
until the end of the term for which the member was appointed. Any	12623
member appointed to fill a vacancy occurring prior to the	12624
expiration of the term for which the predecessor was appointed	12625
shall hold office for the remainder of such term. Any member shall	12626
continue in office subsequent to the expiration date of the	12627
member's term until a successor takes office, or until a period of	12628
sixty days has elapsed, whichever occurs first. No person who has	12629
been appointed a member of the board shall be appointed to serve	12630
more than three, three-year terms unless a period of three years	12631
has elapsed since the termination of the member's third term,	12632
provided that a person appointed to fill an unexpired term may be	12633
appointed for three full terms of three years each immediately	12634
following such term and that the total length of the member's	12635
service does not exceed ten years.	12636

No member of the board shall be the owner of any interest in,	12637
or be employed by any wholesale or jobbing house dealing in	12638
supplies, equipment, or instruments used or useful in the practice	12639
of veterinary medicine. Neither the public member nor the	12640
registered veterinary technician member shall have any vested	12641
financial interest in the practice of veterinary medicine. For	12642
purposes of this section employment as a veterinary technician for	12643
a veterinarian does not constitute a vested financial interest in	12644
the practice of veterinary medicine.	12645

The governor may remove any member of the board for	12646
malfeasance, misfeasance, or nonfeasance after a hearing as	12647
provided in Chapter 119. of the Revised Code or if the license of	12648
a veterinary member is not renewed or has been revoked or	12649
suspended on any ground set forth in section 3123.47 or 4741.22 of	12650
the Revised Code or if the registration of the registered	12651
veterinary technician member is revoked or suspended or is not	12652
renewed under section 3123.47 or 4741.19 of the Revised Code.	12653

Each member of the board shall receive an amount fixed	12654
pursuant to division ~~(J)~~(A) of section 124.15 of the Revised Code	12655
for each day, or portion thereof, the member is actually engaged	12656
in the discharge of official duties, in addition to the member's	12657
necessary expenses.	12658

Sec. 4747.03. There is hereby created a hearing aid dealers	12659
and fitters licensing board consisting of seven members. The	12660
governor shall appoint each member to the board with the advice	12661
and consent of the senate. Three members of the board shall be	12662
persons currently engaged in the practice of dealing in and	12663
fitting of hearing aids in the state, one member shall be an	12664
otolaryngologist, one member shall be a clinical audiologist, and	12665
two shall be public members. At least one of the public members	12666
shall be at least sixty years of age. No more than one dealer	12667
serving on the board at any time shall be franchised by or sell	12668
the products of the same hearing aid manufacturer. Each member	12669
shall be a resident of the state and, except for the public	12670
members, shall have been actively engaged in the member's	12671
respective practice or profession for at least five years	12672
immediately preceding appointment. The director of health or the	12673
director's designated representative shall be an ex officio	12674
member.	12675

Terms of office shall be for four years, commencing on the	12676
twenty-sixth day of January and ending on the twenty-fifth day of	12677
January, except that of the members first appointed, one member	12678
shall be appointed for two years and two members for three years.	12679
Each member shall hold office from the date of the member's	12680
appointment until the end of the term for which the member was	12681
appointed. All appointments to fill vacancies shall be made in the	12682
manner prescribed for regular appointments. Any member appointed	12683
to fill a vacancy occurring prior to the expiration of the term	12684
for which the member's predecessor was appointed shall hold office	12685
for the remainder of such term. Any member shall continue in	12686
office subsequent to the expiration date of the member's term	12687
until the member's successor takes office, or until a period of	12688
sixty days has elapsed, whichever occurs first. No member shall be	12689
reappointed to the board sooner than one year after the expiration	12690
of the member's second full term of office.	12691

Each member of the board shall receive, as part of the	12692
expenses of the board, an amount fixed pursuant to division ~~(J)~~(A)	12693
of section 124.15 of the Revised Code per diem while attending	12694
meetings or otherwise engaged in the actual performance of the	12695
member's duties with the board. Each member shall also receive, as	12696
part of the expenses of the board, an amount for the actual	12697
traveling, hotel, and other necessary expenses incurred in the	12698
performance of the member's duties. All vouchers of the board	12699
shall be approved by the chairperson of the board. The board shall	12700
appoint a secretary and may employ, compensate, and prescribe such	12701
powers and duties of such officers, employees, and consultants, in	12702
accordance with the laws of this state, as are necessary to carry	12703
out this chapter. Technical, administrative, or other services	12704
shall be performed, insofar as practicable, by personnel of the	12705
department of health, and by other state agencies.	12706

Sec. 4753.04. The board of speech-language pathology and	12707
audiology shall hold at least one regular meeting a year, at which	12708
it shall elect a chairperson and vice-chairperson from among its	12709
members. Additional meetings may be held upon call of the	12710
chairperson or at the written request of two or more members of	12711
the board. Five members of the board constitute a quorum to	12712
conduct business, if one member who is a speech-language	12713
pathologist and one member who is an audiologist are present.	12714

The board may employ an executive director, who shall serve	12715
at the board's pleasure, and shall designate the duties and fix	12716
the executive director's compensation. The board may hire such	12717
other employees and consultants as it finds necessary. Members of	12718
the board shall receive compensation pursuant to division ~~(J)~~(A)	12719
of section 124.15 of the Revised Code for each day employed in the	12720
discharge of their official duties. The members shall be	12721
reimbursed for actual and necessary expenses incurred in the	12722
performance of their official duties. All vouchers of the board	12723
shall be approved by the chairperson or the executive director of	12724
the board.	12725

Sec. 4755.01. (A) There is hereby created the Ohio	12726
occupational therapy, physical therapy, and athletic trainers	12727
board consisting of sixteen residents of this state, who shall be	12728
appointed by the governor with the advice and consent of the	12729
senate. The board shall be composed of a physical therapy section,	12730
an occupational therapy section, and an athletic trainers section.	12731

(1) Five members of the board shall be physical therapists	12732
who are licensed to practice physical therapy and who have been	12733
engaged in or actively associated with the practice of physical	12734
therapy in this state for at least five years immediately	12735
preceding appointment. Such members of the board shall sit on the	12736
physical therapy section. The physical therapy section also shall	12737
consist of four additional members, appointed by the governor with	12738
the advice and consent of the senate, who satisfy the same	12739
qualifications as the members of the board sitting on the physical	12740
therapy section, but who are not members of the board. Of the	12741
additional physical therapy section members whose terms commence	12742
on August 28, 2007, one shall be for a term of one year, one for a	12743
term of two years, one for a term of three years, and one for a	12744
term of four years. Such additional members of the physical	12745
therapy section are vested with only such powers and shall perform	12746
only such duties as relate to the affairs of that section.	12747

(2) Four members of the board shall be occupational	12748
therapists and one member shall be a licensed occupational therapy	12749
assistant, all of whom have been engaged in or actively associated	12750
with the practice of occupational therapy or practice as an	12751
occupational therapy assistant in this state for at least five	12752
years immediately preceding appointment. Such members of the board	12753
shall sit on the occupational therapy section.	12754

(3) Four members of the board shall be athletic trainers who	12755
have been engaged in the practice of athletic training in Ohio for	12756
at least five years immediately preceding appointment. One member	12757
of the board shall be a physician licensed to practice medicine	12758
and surgery in this state. Such members of the board shall sit on	12759
the athletic trainers section.	12760

(4) One member of the board shall represent the public. This	12761
member shall sit on the board and shall attend each year at least	12762
three meetings of the physical therapy section, three meetings of	12763
the occupational therapy section, and three meetings of the	12764
athletic trainers section.	12765

(B) Except for the terms of office specified in division	12766
(A)(1) of this section for the additional members of the physical	12767
therapy section commencing on August 28, 2007, terms for the	12768
members of the board and the additional members of the physical	12769
therapy section are for three years. Each member's term shall	12770
commence on the twenty-eighth day of August and end on the	12771
twenty-seventh day of August. Each member shall serve subsequent	12772
to the expiration of the member's term until the member's	12773
successor is appointed and qualifies, or until a period of sixty	12774
days has elapsed, whichever occurs first. A member shall not serve	12775
for more than three consecutive terms. All vacancies shall be	12776
filled in the manner prescribed for the regular appointments and	12777
are limited to the unexpired terms.	12778

(C) Each member of the board and each additional member of	12779
the physical therapy section, before entering upon the official	12780
duties of office, shall do both of the following:	12781

(1) Subscribe to and file with the secretary of state the	12782
constitutional oath of office;	12783

(2) Sign and file with the executive director of the board a	12784
notarized statement that the member has read and understands	12785
sections 121.22 and 149.43 of the Revised Code and the provisions	12786
of Chapter 119. of the Revised Code that are applicable to the	12787
duties of the board.	12788

(D) Annually, upon the qualification of the member or members	12789
appointed in that year, the board shall organize by selecting from	12790
its members a president and secretary. Each section of the board	12791
shall independently organize by selecting from its members a	12792
chairperson and secretary.	12793

(E) A majority of the members of the board constitutes a	12794
quorum to transact and vote on the business of the board. A	12795
majority of the members of each section constitutes a quorum to	12796
transact and vote on the affairs of that section.	12797

(F) Each member of the board and each additional member of	12798
the physical therapy section shall receive an amount fixed	12799
pursuant to division ~~(J)~~(A) of section 124.15 of the Revised Code	12800
for each day employed in the discharge of official duties. In	12801
addition, each member of the board and each additional member of	12802
the physical therapy section shall receive the member's actual and	12803
necessary expenses incurred in the performance of official duties.	12804

(G) The board of trustees of the Ohio occupational therapy	12805
association may recommend, after any term expires or vacancy	12806
occurs in an occupational therapy position, at least three persons	12807
to fill each such position or vacancy on the board, and the	12808
governor may make the appointment from the persons so recommended.	12809
The executive board of the Ohio chapter of the American physical	12810
therapy association may recommend, after any term expires or	12811
vacancy occurs in a physical therapy position, at least three	12812
persons to fill each such vacancy on the board, and the governor	12813
may make appointments from the persons so recommended. The Ohio	12814
athletic trainers association shall recommend to the governor at	12815
least three persons when any term expires or any vacancy occurs in	12816
an athletic trainer position. The governor may select one of the	12817
association's recommendations in making such an appointment.	12818

(H) The board shall meet as a whole to determine all	12819
administrative, personnel, and budgetary matters. The executive	12820
director of the board appointed by the board shall not be a	12821
physical therapist, an occupational therapist, or an athletic	12822
trainer who has been licensed to practice physical therapy,	12823
occupational therapy, or as an athletic trainer in this state	12824
within three years immediately preceding appointment. The	12825
executive director shall execute, under the direction of the	12826
board, the policies, orders, directives, and administrative	12827
functions of the board and shall direct, under rules adopted by	12828
the board, the work of all persons employed by the board. Upon the	12829
request of the board, the executive director shall report to the	12830
board on any matter. The executive director shall serve at the	12831
pleasure of the board.	12832

(I) The occupational therapy section of the board shall have	12833
the authority to act on behalf of the board on matters concerning	12834
the practice of occupational therapy and, in particular, the	12835
examination of applicants, the issuance of licenses and limited	12836
permits, and the suspension or revocation of licenses and limited	12837
permits to practice as an occupational therapist or occupational	12838
therapy assistant. The physical therapy section of the board shall	12839
have the authority to act on behalf of the board on matters	12840
concerning the practice of physical therapy and, in particular,	12841
the examination, licensure, and suspension or revocation of	12842
licensure of applicants, physical therapists, and physical	12843
therapist assistants. The athletic trainers section of the board	12844
shall have the authority to act on behalf of the board on matters	12845
concerning the practice of athletic training and, in particular,	12846
the examination, licensure, and suspension or revocation of	12847
licensure of applicants and athletic trainers. All actions taken	12848
by any section of the board under this division shall be in	12849
accordance with Chapter 119. of the Revised Code.	12850

Sec. 4757.05. (A) The counselor, social worker, and marriage	12851
and family therapist board shall meet as a whole to discuss and	12852
review issues regarding personnel, budgetary matters,	12853
administration, and any other matter pertaining to the operation	12854
of the entire board. The board shall hold at least one regular	12855
meeting every three months. Additional meetings may be held at	12856
such times as the board determines, upon call of the chairperson,	12857
or upon the written request of four or more members of the board	12858
to the executive director. If four or more members so request a	12859
meeting, the executive director shall call a meeting to commence	12860
in not more than seven days. Eight members of the board constitute	12861
a quorum to conduct business. Except as provided in section	12862
4757.39 of the Revised Code, no action shall be taken without the	12863
concurrence of at least a quorum.	12864

The counselors professional standards committee, the social	12865
workers professional standards committee, and the marriage and	12866
family therapist professional standards committee shall meet as	12867
necessary to fulfill their duties established by this chapter and	12868
the rules adopted under it. Three members of a committee	12869
constitute a quorum for that committee to conduct business. No	12870
action shall be taken without the concurrence of at least a	12871
quorum.	12872

(B) At its first meeting each year, the board shall elect a	12873
chairperson from among its members. At the first meeting held each	12874
year by the board's professional standards committees, each	12875
committee shall elect from among its members a chairperson. The	12876
chairpersons of the committees shall serve as co-vice-chairpersons	12877
of the board. Neither the board nor its committees shall elect a	12878
member to serve more than two consecutive terms in the same	12879
office.	12880

(C) The board shall employ an executive director. The board	12881
may employ and prescribe the powers and duties of such employees	12882
and consultants as are necessary for it and its professional	12883
standards committees to carry out this chapter and rules adopted	12884
under it.	12885

(D) The members of the board shall receive an amount fixed	12886
under division ~~(J)~~(A) of section 124.15 of the Revised Code for	12887
each day employed in the discharge of their official duties as	12888
board or committee members and shall be reimbursed for their	12889
necessary and actual expenses incurred in the performance of their	12890
official duties.	12891

(E) The board and each of its professional standards	12892
committees shall keep any records and minutes necessary to fulfill	12893
the duties established by this chapter and the rules adopted under	12894
it.	12895

Sec. 4758.12. The voting members of the chemical dependency	12896
professionals board shall receive an amount fixed under division	12897
~~(J)~~(A) of section 124.15 of the Revised Code for each day employed	12898
in the discharge of their official duties as board members and	12899
shall be reimbursed for their necessary and actual expenses	12900
incurred in the performance of their official duties.	12901

Sec. 4759.03. There is hereby created the Ohio board of	12902
dietetics consisting of five members appointed by the governor	12903
with the advice and consent of the senate. The Ohio dietetic	12904
association may submit a list of five names for each position or	12905
vacancy on the board to be filled by a dietitian, and the governor	12906
may make ~~his appointment~~appointments from the persons so	12907
recommended or from other persons. Within thirty days of ~~the~~	12908
~~effective date of this section~~July 1, 1987, the governor shall	12909
make initial appointments to the board. Of the initial	12910
appointments, one shall be for a term ending one year after ~~the~~	12911
~~effective date of this section~~July 1, 1987, one shall be for a	12912
term ending two years after ~~the effective date of this section~~	12913
July 1, 1987, one shall be for a term ending three years after ~~the~~	12914
~~effective date of this section~~July 1, 1987, one shall be for a	12915
term ending four years after ~~the effective date of this section~~	12916
July 1, 1987, and one shall be for a term ending five years after	12917
~~the effective date of this section~~July 1, 1987. Thereafter, terms	12918
of office shall be for five years, each term ending on the same	12919
day of the same month as did the term which it succeeds. Each	12920
member shall hold office from the date of ~~his~~ appointment until	12921
the end of the term for which hethe member was appointed. The	12922
governor shall appoint a member to fill a vacancy in the manner	12923
prescribed for filling the position in which the vacancy occurs.	12924
Any member appointed to fill a vacancy occurring prior to the	12925
expiration of the term for which ~~his~~the member's predecessor was	12926
appointed shall hold office for the remainder of the term. Any	12927
member shall continue in office subsequent to the expiration date	12928
of ~~his~~the member's term until ~~his~~a successor takes office, or	12929
until a period of sixty days has elapsed, whichever occurs first.	12930

Members of the board may be removed by the governor for	12931
malfeasance, misfeasance, or nonfeasance after an adjudication	12932
hearing pursuant to Chapter 119. of the Revised Code. Members may	12933
not be appointed to a second term unless a period of five years	12934
has passed since the expiration of the first term, except that	12935
members appointed for less than a five-year term or appointed to	12936
fill an unexpired term may be appointed for one full term of five	12937
years immediately following the end of the term for which hethe	12938
member was first appointed.	12939

Three members of the board shall be dietitians who have been	12940
actively engaged in the practice of dietetics in the state for at	12941
least five years immediately preceding their appointment; one	12942
member shall be an educator with a doctoral degree who holds a	12943
regular faculty appointment in a program that prepares students to	12944
meet the requirements of division (A)(5) of section 4759.06 of the	12945
Revised Code; and one member shall be a member of the general	12946
public who is not and never has been a dietitian, is not a member	12947
of the immediate family of a dietitian, does not have a financial	12948
interest in the provision of goods or services to dietitians, and	12949
is not engaged in any activity related to the practice of	12950
dietetics.	12951

Each member of the board shall receive an amount fixed	12952
pursuant to division ~~(J)~~(A) of section 124.15 of the Revised Code	12953
for each day, or portion thereof, ~~he is~~ actually engaged in the	12954
discharge of ~~his~~ official duties, and shall be reimbursed for	12955
actual and necessary expenses incurred in the performance of those	12956
duties.	12957

Sec. 4761.02. The governor, with the advice and consent of	12958
the senate, shall appoint the Ohio respiratory care board,	12959
consisting of nine residents of this state. Five members of the	12960
board shall be respiratory care professionals who were engaged in	12961
or actively associated with the practice of respiratory care in	12962
this state for at least five years immediately preceding	12963
appointment. Two members shall be home medical equipment services	12964
providers with not less than five years of management experience	12965
in home medical equipment services prior to appointment. One	12966
member shall be a physician who has clinical training and	12967
experience in the management of pulmonary disease. One member	12968
shall represent the public.	12969

After the term of a member of the board expires or becomes	12970
vacant, the Ohio state medical association may submit to the	12971
governor the names of nominees for the board position to be filled	12972
by a physician. The board of directors of the Ohio society for	12973
respiratory care, inc., may recommend to the governor at least	12974
three persons for each board position to be filled by a	12975
respiratory care professional. The American lung association of	12976
Ohio may submit to the governor the names of nominees for the	12977
board position to be filled by a person representing the public.	12978
The Ohio association of medical equipment services may submit to	12979
the governor the names of nominees for the two board positions to	12980
be filled by home medical equipment services providers. The	12981
governor shall consider these nominees in making the appointments.	12982

Of the two additional members of the board to be appointed	12983
who are respiratory care professionals who were engaged in or	12984
actively associated with the practice of respiratory care in this	12985
state for at least five years immediately preceding appointment,	12986
one shall be appointed for a term ending the fourteenth day of	12987
March immediately following the date that is one year after ~~the~~	12988
~~effective date of this amendment~~September 16, 2004, and one for a	12989
term ending on the fourteenth day of March immediately following	12990
the date that is two years after ~~the effective date of this~~	12991
~~amendment~~September 16, 2004. Of the initial two home medical	12992
equipment services providers appointed to the board, one shall be	12993
appointed for a term ending the fourteenth day of March	12994
immediately following the date that is one year after ~~the~~	12995
~~effective date of this amendment~~September 16, 2004, and one for a	12996
term ending the fourteenth day of March immediately following the	12997
date that is two years after ~~the effective date of this amendment~~	12998
September 16, 2004. Thereafter, terms of office shall be for three	12999
years, each term ending on the same day of the same month of the	13000
year as did the term which it succeeds. A member shall serve	13001
subsequent to the expiration of the member's term until the	13002
member's successor is appointed and qualifies, or until a period	13003
of sixty days has elapsed, whichever occurs first. Each member,	13004
before entering upon the duties of office, shall subscribe to and	13005
file with the secretary of state the oath of office required under	13006
Section 7 of Article XV, Ohio Constitution. Vacancies shall be	13007
filled in the manner prescribed for the regular appointments to	13008
the board and shall be limited to the unexpired terms. Members of	13009
the board may be reappointed.	13010

Annually, upon the qualification of the member or members	13011
appointed in that year, the Ohio respiratory care board shall	13012
organize and shall select from its members a president and	13013
secretary. A majority of the members of the board shall constitute	13014
a quorum to transact and vote on the business of the board.	13015

Each member of the board shall receive an amount fixed	13016
pursuant to division ~~(J)~~(A) of section 124.15 of the Revised Code	13017
for each day actually employed in the discharge of the member's	13018
duties. In addition, each member shall receive actual and	13019
necessary expenses incurred in the performance of the member's	13020
official duties.	13021

The board shall employ an executive director who shall be in	13022
the unclassified service of the state. The executive director	13023
shall assist the board in the administration and enforcement of	13024
this chapter and shall employ individuals as the board considers	13025
necessary to provide that assistance.	13026

Sec. 4763.02. (A) There is hereby created the real estate	13027
appraiser board, consisting of five members appointed by the	13028
governor, with the advice and consent of the senate. Four members	13029
shall be persons certified or licensed under this chapter, at	13030
least two of whom shall hold a state-certified general real estate	13031
appraiser certificate, and one member shall represent the public	13032
and shall not be engaged in the practice of issuing real estate	13033
appraisals, real estate brokerage or sales, or have any financial	13034
interest in such practices. At least one of the certificate	13035
holders or licensees members shall be a real estate broker	13036
licensed pursuant to Chapter 4735. of the Revised Code whose	13037
license is in good standing. For the purpose of appointment to an	13038
eligibility for appointment to the board, the license of a real	13039
estate broker may be on deposit with the division of real estate	13040
of the department of commerce. No more than three members shall be	13041
members of the same political party and no member of the board	13042
concurrently may be a member of the board and the Ohio real estate	13043
commission created pursuant to section 4735.03 of the Revised	13044
Code. Of the initial appointments to the board, one is for a term	13045
ending June 30, 1990, two are for terms ending June 30, 1991, and	13046
two are for terms ending June 30, 1992. Thereafter, terms of	13047
office are for three years, commencing on the first day of July	13048
and ending on the thirtieth day of June. Each member shall hold	13049
office from the date of ~~his~~ appointment until the end of the term	13050
for which ~~he is~~ appointed. Prior to entering upon ~~the~~official	13051
duties ~~of his office~~, each member shall subscribe to, and file	13052
with the secretary of state, the constitutional oath of office.	13053
Vacancies that occur on the board shall be filled in the manner	13054
prescribed for regular appointments to the board. A member	13055
appointed to fill a vacancy occurring prior to the expiration of	13056
the term for which ~~his~~the member's predecessor was appointed	13057
shall hold office for the remainder of that term. A member shall	13058
continue in office subsequent to the expiration date of ~~his~~the	13059
member's term until ~~his~~the member's successor takes office or	13060
until sixty days have elapsed, whichever occurs first. No person	13061
shall serve as a member of the board for more than two consecutive	13062
terms. The governor may remove a member pursuant to section 3.04	13063
of the Revised Code.	13064

(B) Annually, upon the qualification of the members appointed	13065
in that year, the board shall organize by selecting from its	13066
members a ~~chairman~~chairperson. The board shall meet at least once	13067
each calendar quarter to conduct its business with the place of	13068
future meetings to be decided by a vote of its members. Each	13069
member shall be provided with written notice of the time and place	13070
of each board meeting at least ten days prior to the scheduled	13071
date of the meeting. A majority of the members of the board	13072
constitutes a quorum to transact and vote on all business coming	13073
before the board.	13074

(C) Each member of the board shall receive an amount fixed	13075
pursuant to division ~~(J)~~(A) of section 124.15 of the Revised Code	13076
for each day employed in the discharge of ~~his~~ official duties, and	13077
~~his~~the member's actual and necessary expenses incurred in the	13078
discharge of those duties.	13079

(D) The board is part of the department of commerce for	13080
administrative purposes.	13081

Sec. 4775.05. (A) The board of motor vehicle collision	13082
repair registration shall appoint an individual who is not a	13083
member of the board as a full-time employee of the board to serve	13084
as the executive director of the board. The executive director	13085
shall serve at the pleasure and direction of the board. The	13086
director of administrative services shall establish the executive	13087
director's salary ~~in a pay range~~ as provided in division ~~(J)~~(A) of	13088
section 124.15 of the Revised Code. The executive director,	13089
subject to the approval of the board, shall determine the office	13090
space, supplies, and professional and clerical assistance	13091
necessary to effectively perform the executive director's duties.	13092

(B) The executive director shall perform all the following	13093
duties:	13094

(1) Review and submit to the board, for its approval,	13095
applications for registration pursuant to section 4775.07 of the	13096
Revised Code;	13097

(2) Issue registration certificates, as approved by the	13098
board, to persons who meet the qualifications for registration	13099
under division (A) of section 4775.07 of the Revised Code;	13100

(3) Maintain a written record of all persons registered	13101
pursuant to section 4775.07 of the Revised Code. The record shall	13102
include the name, address, and motor vehicle collision repair	13103
registration certificate number of each registered motor vehicle	13104
collision repair operator. The executive director shall make this	13105
record available to any person upon request and payment of a fee	13106
sufficient to cover the cost of copying the record.	13107

(4) Collect all fees pursuant to section 4775.08 of the	13108
Revised Code;	13109

(5) Appoint enforcement officers as needed to assist the	13110
executive director in carrying out this chapter, who shall serve	13111
at the pleasure of the director;	13112

(6) Gather evidence of violations of this chapter by any	13113
person or motor vehicle collision repair operator, or any partner	13114
or officer of any motor vehicle collision repair operator, and,	13115
upon reasonable belief that a violation has occurred, present the	13116
evidence to the board for its consideration. Nothing in division	13117
(B)(6) of this section shall be construed as authorizing the	13118
executive director or the board to enforce any provision of law	13119
other than this chapter. If, however, the executive director or	13120
board, in conducting investigations under those sections,	13121
determines or suspects that a person has violated any other	13122
provision of law, the executive director or board shall notify the	13123
governmental entity that is responsible for enforcement of that	13124
provision of law.	13125

(7) Serve as secretary of the board and maintain a written	13126
record of all of the proceedings of the board;	13127

(8) Notify all motor vehicle collision repair operators of	13128
changes in the motor vehicle collision repair law and rules	13129
adopted pursuant to that law;	13130

(9) Do all other things requested by the board for the	13131
administration and enforcement of this chapter.	13132

(C) The executive director may provide information relevant	13133
to motor vehicle collision repair to motor vehicle collision	13134
repair operators or other persons, and may communicate with any	13135
person, or respond to communications from any person, in matters	13136
pertaining to motor vehicle collision repair.	13137

Sec. 4905.10. (A) For the sole purpose of maintaining and	13138
administering the public utilities commission and exercising its	13139
supervision and jurisdiction over the railroads and public	13140
utilities of this state, an amount equivalent to the appropriation	13141
from the public utilities fund created under division (B) of this	13142
section to the public utilities commission for railroad and public	13143
utilities regulation in each fiscal year shall be apportioned	13144
among and assessed against each railroad and public utility within	13145
this state by the commission by first computing an assessment as	13146
though it were to be made in proportion to the intrastate gross	13147
earnings or receipts, excluding earnings or receipts from sales to	13148
other public utilities for resale, of the railroad or public	13149
utility for the calendar year next preceding that in which the	13150
assessment is made. The commission may include in that first	13151
computation any amount of a railroad's or public utility's	13152
intrastate gross earnings or receipts that were underreported in a	13153
prior year. In addition to whatever penalties apply under the	13154
Revised Code to such underreporting, the commission shall assess	13155
the railroad or public utility interest at the rate stated in	13156
division (A) of section 1343.01 of the Revised Code. The	13157
commission shall deposit any interest so collected into the public	13158
utilities fund. The commission may exclude from that first	13159
computation any such amounts that were overreported in a prior	13160
year.	13161

The final computation of the assessment shall consist of	13162
imposing upon each railroad and public utility whose assessment	13163
under the first computation would have been one hundred dollars or	13164
less an assessment of one hundred dollars and recomputing the	13165
assessments of the remaining railroads and public utilities by	13166
apportioning an amount equal to the appropriation to the public	13167
utilities commission for administration of the utilities division	13168
in each fiscal year less the total amount to be recovered from	13169
those paying the minimum assessment, in proportion to the	13170
intrastate gross earnings or receipts of the remaining railroads	13171
and public utilities for the calendar year next preceding that in	13172
which the assessments are made.	13173

In the case of an assessment based on intrastate gross	13174
receipts under this section against a public utility that is an	13175
electric utility as defined in section 4928.01 of the Revised	13176
Code, or an electric services company, electric cooperative, or	13177
governmental aggregator subject to certification under section	13178
4928.08 of the Revised Code, such receipts shall be those	13179
specified in the utility's, company's, cooperative's, or	13180
aggregator's most recent report of intrastate gross receipts and	13181
sales of kilowatt hours of electricity, filed with the commission	13182
pursuant to division (F) of section 4928.06 of the Revised Code,	13183
and verified by the commission.	13184

In the case of an assessment based on intrastate gross	13185
receipts under this section against a retail natural gas supplier	13186
or governmental aggregator subject to certification under section	13187
4929.20 of the Revised Code, such receipts shall be those	13188
specified in the supplier's or aggregator's most recent report of	13189
intrastate gross receipts and sales of hundred cubic feet of	13190
natural gas, filed with the commission pursuant to division (B) of	13191
section 4929.23 of the Revised Code, and verified by the	13192
commission. However, no such retail natural gas supplier or such	13193
governmental aggregator serving or proposing to serve customers of	13194
a particular natural gas company, as defined in section 4929.01 of	13195
the Revised Code, shall be assessed under this section until after	13196
the commission, pursuant to section 4905.26 or 4909.18 of the	13197
Revised Code, has removed from the base rates of the natural gas	13198
company the amount of assessment under this section that is	13199
attributable to the value of commodity sales service, as defined	13200
in section 4929.01 of the Revised Code, in the base rates paid by	13201
those customers of the company that do not purchase that service	13202
from the natural gas company.	13203

(B) Through calendar year 2005, on or before the first day of	13204
October in each year, the commission shall notify each such	13205
railroad and public utility of the sum assessed against it,	13206
whereupon payment shall be made to the commission, which shall	13207
deposit it into the state treasury to the credit of the public	13208
utilities fund, which is hereby created. Beginning in calendar	13209
year 2006, on or before the fifteenth day of May in each year, the	13210
commission shall notify each railroad and public utility that had	13211
a sum assessed against it for the current fiscal year of more than	13212
one thousand dollars that fifty per cent of that amount shall be	13213
paid to the commission by the twentieth day of June of that year	13214
as an initial payment of the assessment against the company for	13215
the next fiscal year. On or before the first day of October in	13216
each year, the commission shall make a final determination of the	13217
sum of the assessment against each railroad and public utility and	13218
shall notify each railroad and public utility of the sum assessed	13219
against it. The commission shall deduct from the assessment for	13220
each railroad or public utility any initial payment received.	13221
Payment of the assessment shall be made to the commission by the	13222
first day of November of that year. The commission shall deposit	13223
the payments received into the state treasury to the credit of the	13224
public utilities fund. Any such amounts paid into the fund but not	13225
expended by the commission shall be credited ratably, after first	13226
deducting any deficits accumulated from prior years, by the	13227
commission to railroads and public utilities that pay more than	13228
the minimum assessment, according to the respective portions of	13229
such sum assessable against them for the ensuing fiscal year. The	13230
assessments for such fiscal year shall be reduced correspondingly.	13231

(C) Within five days after the beginning of each fiscal year	13232
through fiscal year 2006, the director of budget and management	13233
shall transfer from the general revenue fund to the public	13234
utilities fund an amount sufficient for maintaining and	13235
administering the public utilities commission and exercising its	13236
supervision and jurisdiction over the railroads and public	13237
utilities of the state during the first four months of the fiscal	13238
year. The director shall transfer the same amount back to the	13239
general revenue fund from the public utilities fund at such time	13240
as the director determines that the balance of the public	13241
utilities fund is sufficient to support the appropriations from	13242
the fund for the fiscal year. The director may transfer less than	13243
that amount if the director determines that the revenues of the	13244
public utilities fund during the fiscal year will be insufficient	13245
to support the appropriations from the fund for the fiscal year,	13246
in which case the amount not paid back to the general revenue fund	13247
shall be payable to the general revenue fund in future fiscal	13248
years.	13249

(D) For the purpose of this section only, "public utility"	13250
includes:	13251

(1) In addition to an electric utility as defined in section	13252
4928.01 of the Revised Code, an electric services company, an	13253
electric cooperative, or a governmental aggregator subject to	13254
certification under section 4928.08 of the Revised Code, to the	13255
extent of the company's, cooperative's, or aggregator's engagement	13256
in the business of supplying or arranging for the supply in this	13257
state of any retail electric service for which it must be so	13258
certified;	13259

(2) In addition to a natural gas company as defined in	13260
section 4929.01 of the Revised Code, a retail natural gas supplier	13261
or governmental aggregator subject to certification under section	13262
4929.20 of the Revised Code, to the extent of the supplier's or	13263
aggregator's engagement in the business of supplying or arranging	13264
for the supply in this state of any competitive retail natural gas	13265
service for which it must be certified.	13266

(E) Each public utilities commissioner shall receive a salary	13267
fixed ~~at the level set by pay range 49~~by the director of	13268
administrative services under ~~schedule E-2 of~~ section 124.152 of	13269
the Revised Code.	13270

Sec. 4906.02. (A) There is hereby created within the public	13271
utilities commission the power siting board, composed of the	13272
~~chairman~~chairperson of the public utilities commission, the	13273
director of environmental protection, the director of health, the	13274
director of development, the director of natural resources, the	13275
director of agriculture, and a representative of the public who	13276
shall be an engineer and shall be appointed by the governor, from	13277
a list of three nominees submitted to the governor by the office	13278
of the consumers' counsel, with the advice and consent of the	13279
senate and shall serve for a term of four years. The ~~chairman~~	13280
chairperson of the public utilities commission shall be ~~chairman~~	13281
chairperson of the board and its chief executive officer. The	13282
~~chairman~~chairperson shall designate one of the voting members of	13283
the board to act as ~~vice-chairman~~vice-chairperson who shall	13284
possess during the absence or disability of the ~~chairman~~	13285
chairperson all of the powers of the ~~chairman~~chairperson. All	13286
hearings, studies, and consideration of applications for	13287
certificates shall be conducted by the board or representatives of	13288
its members.	13289

In addition, the board shall include four legislative members	13290
who may participate fully in all the board's deliberations and	13291
activities except that they shall serve as nonvoting members. The	13292
speaker of the house of representatives shall appoint one	13293
legislative member, and the president of the senate and minority	13294
leader of each house shall each appoint one legislative member.	13295
Each such legislative leader shall designate an alternate to	13296
attend meetings of the board when the regular legislative member	13297
he appointed by the legislative leader is unable to attend. Each	13298
legislative member and alternate shall serve for the duration of	13299
the elected term that hethe legislative member is serving at the	13300
time of ~~his~~ appointment. A quorum of the board is a majority of	13301
its voting members.	13302

The representative of the public and, notwithstanding section	13303
101.26 of the Revised Code, legislative members of the board or	13304
their designated alternates, when engaged in their duties as	13305
members of the board, shall be paid ~~at the~~a per diem rate ~~of step~~	13306
~~1, pay range 32,~~established in rules adopted by the director of	13307
administrative services under ~~schedule B of~~ section 124.15 of the	13308
Revised Code and shall be reimbursed for the actual and necessary	13309
expenses they incur in the discharge of their official duties.	13310

(B) The ~~chairman~~chairperson shall keep a complete record of	13311
all proceedings of the board, issue all necessary process, writs,	13312
warrants, and notices, keep all books, maps, documents, and papers	13313
ordered filed by the board, conduct investigations pursuant to	13314
section 4906.07 of the Revised Code, and perform such other duties	13315
as the board may prescribe.	13316

(C) The ~~chairman~~chairperson of the public utilities	13317
commission may assign or transfer duties among the commission's	13318
staff. However, the board's authority to grant certificates under	13319
section 4906.10 of the Revised Code shall not be exercised by any	13320
officer, employee, or body other than the board itself.	13321

(D) The ~~chairman~~chairperson may call to ~~his~~the	13322
chairperson's assistance, temporarily, any employee of the	13323
environmental protection agency, the department of natural	13324
resources, the department of agriculture, the department of	13325
health, or the department of development, for the purpose of	13326
making studies, conducting hearings, investigating applications,	13327
or preparing any report required or authorized under this chapter.	13328
Such employees shall not receive any additional compensation over	13329
that which they receive from the agency by which they are	13330
employed, but they shall be reimbursed for their actual and	13331
necessary expenses incurred while working under the direction of	13332
the ~~chairman~~chairperson. All contracts for special services are	13333
subject to the approval of the ~~chairman~~chairperson.	13334

(E) The board's offices shall be located in those of the	13335
public utilities commission.	13336

Sec. 4911.07. The salary of the consumers' counsel shall be	13337
determined by the consumers' counsel governing board ~~but~~and shall	13338
be ~~in pay range 49 as set forth in section 124.152 of the Revised~~	13339
~~Code~~based upon performance.	13340

Sec. 5107.26. (A) As used in this section:

13341

(1) "Transitional child care" means publicly funded child	13342
care provided under division (A)(3) of section 5104.34 of the	13343
Revised Code.	13344

(2) "Transitional medicaid" means the medical assistance	13345
provided under section 5111.0115 of the Revised Code.	13346

(B) Except as provided in division (C) of this section, each	13347
member of an assistance group participating in Ohio works first is	13348
ineligible to participate in the program for six payment months if	13349
a county department of job and family services determines that a	13350
member of the assistance group terminated the member's employment	13351
and each person who, on the day prior to the day a recipient	13352
begins to receive transitional child care or transitional	13353
medicaid, was a member of the recipient's assistance group is	13354
ineligible to participate in Ohio works first for six payment	13355
months if a county department determines that the recipient	13356
terminated the recipient's employment.	13357

(C) No assistance group member shall lose or be denied	13358
eligibility to participate in Ohio works first pursuant to	13359
division (B) of this section if the termination of employment was	13360
because an assistance group member or recipient of transitional	13361
child care or transitional medicaid secured comparable or better	13362
employment or the county department of job and family services	13363
certifies that the member or recipient terminated the employment	13364
with just cause.	13365

Just cause includes the following:

13366

(1) Discrimination by an employer based on age, race, sex,	13367
color, handicap, religious beliefs, or national origin;	13368

(2) Work demands or conditions that render continued	13369
employment unreasonable, such as working without being paid on	13370
schedule;	13371

(3) Employment that has become unsuitable due to any of the	13372
following:	13373

(a) The wage is less than the federal minimum wage;

13374

(b) The work is at a site subject to a strike or lockout,	13375
unless the strike has been enjoined under section 208 of the	13376
"Labor-Management Relations Act," 61 Stat. 155 (1947), 29 U.S.C.A.	13377
178, as amended, or an injunction has been issued under section 10	13378
of the "Railway Labor Act," 44 Stat. 586 (1926), 45 U.S.C.A. 160,	13379
as amended~~, or an injunction has been issued under section 4117.16~~	13380
~~of the Revised Code~~;	13381

(c) The documented degree of risk to the member or	13382
recipient's health and safety is unreasonable;	13383

(d) The member or recipient is physically or mentally unfit	13384
to perform the employment, as documented by medical evidence or by	13385
reliable information from other sources.	13386

(4) Documented illness of the member or recipient or of	13387
another assistance group member of the member or recipient	13388
requiring the presence of the member or recipient;	13389

(5) A documented household emergency;

13390

(6) Lack of adequate child care for children of the member or	13391
recipient who are under six years of age.	13392

Sec. 5119.09. The director of mental health shall prepare,	13393
and may amend from time to time, specifications descriptive of the	13394
duties, responsibilities, requirements, and desirable	13395
qualifications of physician specialists in the department of	13396
mental health. The director of mental health shall prepare, and	13397
may amend from time to time, classifications for those physician	13398
specialists, and they shall receive a salary fixed by the director	13399
of administrative services pursuant to section 124.15 or 124.152	13400
of the Revised Code.	13401

The director of mental health may employ and classify	13402
physicians in the department as physician specialists~~, within the~~	13403
~~classifications and pay ranges fixed pursuant to section 124.15 or~~	13404
~~124.152 of the Revised Code~~. Any physician employed in the	13405
department~~, whether previously classified pursuant to section~~	13406
~~124.15 or 124.152 of the Revised Code or otherwise employed in the~~	13407
~~department,~~ may be classified or reclassified as a physician	13408
specialist, pursuant to this section, upon order of the director	13409
of mental health; provided that, each such physician shall be	13410
qualified as required by this section and meet the specifications	13411
for the classification to which the physician is assigned. Any	13412
physician classified and designated a physician specialist under	13413
authority of this section may be assigned to a different physician	13414
specialist classification upon order of the director of mental	13415
health; the director of mental health shall certify each such	13416
reclassification, and the department of administrative services	13417
shall be governed by the certification; provided that, nothing in	13418
this section shall alter the powers and duties of the state	13419
personnel board of review under division (A)(1) of section 124.03	13420
of the Revised Code.	13421

Each physician classified and designated as a physician	13422
specialist in the department, under authority of this section,	13423
shall be a reputable physician and a graduate of an accredited	13424
medical college, who has had special training and experience in	13425
the treatment of mental illness or other condition found in	13426
patients in the department.	13427

Sec. 5123.51. (A) In addition to any other action required	13428
by sections 5123.61 and 5126.31 of the Revised Code, the	13429
department of developmental disabilities shall review each report	13430
the department receives of abuse or neglect of an individual with	13431
mental retardation or a developmental disability or	13432
misappropriation of an individual's property that includes an	13433
allegation that an MR/DD employee committed or was responsible for	13434
the abuse, neglect, or misappropriation. The department shall	13435
review a report it receives from a public children services agency	13436
only after the agency completes its investigation pursuant to	13437
section 2151.421 of the Revised Code. On receipt of a notice under	13438
section 2930.061 or 5123.541 of the Revised Code, the department	13439
shall review the notice.	13440

(B) The department shall do both of the following:

13441

(1) Investigate the allegation or adopt the findings of an	13442
investigation or review of the allegation conducted by another	13443
person or government entity and determine whether there is a	13444
reasonable basis for the allegation;	13445

(2) If the department determines that there is a reasonable	13446
basis for the allegation, conduct an adjudication pursuant to	13447
Chapter 119. of the Revised Code.	13448

(C)(1) The department shall appoint an independent hearing	13449
officer to conduct any hearing conducted pursuant to division	13450
(B)(2) of this section, except that, if the hearing is regarding	13451
an employee of the department who is represented by a union, the	13452
department and a representative of the union shall jointly select	13453
the hearing officer.	13454

(2)(a) Except as provided in division (C)(2)(b) of this	13455
section, no hearing shall be conducted under division (B)(2) of	13456
this section until any criminal proceeding ~~or collective~~	13457
~~bargaining arbitration~~ concerning the same allegation has	13458
concluded.	13459

(b) The department may conduct a hearing pursuant to division	13460
(B)(2) of this section before a criminal proceeding concerning the	13461
same allegation is concluded if both of the following are the	13462
case:	13463

(i) The department notifies the prosecutor responsible for	13464
the criminal proceeding that the department proposes to conduct a	13465
hearing.	13466

(ii) The prosecutor consents to the hearing.

13467

(3) In conducting a hearing pursuant to division (B)(2) of	13468
this section, the hearing officer shall do all of the following:	13469

(a) Determine whether there is clear and convincing evidence	13470
that the MR/DD employee has done any of the following:	13471

(i) Misappropriated property of one or more individuals with	13472
mental retardation or a developmental disability that has a value,	13473
either separately or taken together, of one hundred dollars or	13474
more;	13475

(ii) Misappropriated property of an individual with mental	13476
retardation or a developmental disability that is designed to be	13477
used as a check, draft, negotiable instrument, credit card, charge	13478
card, or device for initiating an electronic fund transfer at a	13479
point of sale terminal, automated teller machine, or cash	13480
dispensing machine;	13481

(iii) Knowingly abused such an individual;

13482

(iv) Recklessly abused or neglected such an individual, with	13483
resulting physical harm;	13484

(v) Negligently abused or neglected such an individual, with	13485
resulting serious physical harm;	13486

(vi) Recklessly neglected such an individual, creating a	13487
substantial risk of serious physical harm;	13488

(vii) Engaged in sexual conduct or had sexual contact with an	13489
individual with mental retardation or another developmental	13490
disability who was not the MR/DD employee's spouse and for whom	13491
the MR/DD employee was employed or under a contract to provide	13492
care;	13493

(viii) Unreasonably failed to make a report pursuant to	13494
division (C) of section 5123.61 of the Revised Code when the	13495
employee knew or should have known that the failure would result	13496
in a substantial risk of harm to an individual with mental	13497
retardation or a developmental disability.	13498

(b) ~~Give weight to the decision in any collective bargaining~~	13499
~~arbitration regarding the same allegation;~~	13500

~~(c)~~ Give weight to any relevant facts presented at the	13501
hearing.	13502

(D)(1) Unless the director of developmental disabilities	13503
determines that there are extenuating circumstances and except as	13504
provided in division (E) of this section, if the director, after	13505
considering all of the factors listed in division (C)(3) of this	13506
section, finds that there is clear and convincing evidence that an	13507
MR/DD employee has done one or more of the things described in	13508
division (C)(3)(a) of this section the director shall include the	13509
name of the employee in the registry established under section	13510
5123.52 of the Revised Code.	13511

(2) Extenuating circumstances the director must consider	13512
include the use of physical force by an MR/DD employee that was	13513
necessary as self-defense.	13514

(3) If the director includes an MR/DD employee in the	13515
registry established under section 5123.52 of the Revised Code,	13516
the director shall notify the employee, the person or government	13517
entity that employs or contracts with the employee, the individual	13518
with mental retardation or a developmental disability who was the	13519
subject of the report and that individual's legal guardian, if	13520
any, the attorney general, and the prosecuting attorney or other	13521
law enforcement agency. If the MR/DD employee holds a license,	13522
certificate, registration, or other authorization to engage in a	13523
profession issued pursuant to Title XLVII of the Revised Code, the	13524
director shall notify the appropriate agency, board, department,	13525
or other entity responsible for regulating the employee's	13526
professional practice.	13527

(4) If an individual whose name appears on the registry is	13528
involved in a court proceeding or arbitration arising from the	13529
same facts as the allegation resulting in the individual's	13530
placement on the registry, the disposition of the proceeding or	13531
arbitration shall be noted in the registry next to the	13532
individual's name.	13533

(E) In the case of an allegation concerning an employee of	13534
the department, after the hearing conducted pursuant to division	13535
(B)(2) of this section, the director of health or that director's	13536
designee shall review the decision of the hearing officer to	13537
determine whether the standard described in division (C)(3) of	13538
this section has been met. If the director or designee determines	13539
that the standard has been met and that no extenuating	13540
circumstances exist, the director or designee shall notify the	13541
director of developmental disabilities that the MR/DD employee is	13542
to be included in the registry established under section 5123.52	13543
of the Revised Code. If the director of developmental disabilities	13544
receives such notification, the director shall include the MR/DD	13545
employee in the registry and shall provide the notification	13546
described in division (D)(3) of this section.	13547

(F) If the department is required by Chapter 119. of the	13548
Revised Code to give notice of an opportunity for a hearing and	13549
the MR/DD employee subject to the notice does not timely request a	13550
hearing in accordance with section 119.07 or 5123.0414 of the	13551
Revised Code, the department is not required to hold a hearing.	13552

(G) Files and records of investigations conducted pursuant to	13553
this section are not public records as defined in section 149.43	13554
of the Revised Code, but, on request, the department shall provide	13555
copies of those files and records to the attorney general, a	13556
prosecuting attorney, or a law enforcement agency.	13557

Sec. 5126.24. (A) As used in this section:

13558

(1) "License" means an educator license issued by the state	13559
board of education under section 3319.22 of the Revised Code or a	13560
certificate issued by the department of developmental	13561
disabilities.	13562

(2) "Teacher" means a person employed by a county board of	13563
developmental disabilities in a position that requires a license.	13564

(3) "Nonteaching employee" means a person employed by a	13565
county board of developmental disabilities in a position that does	13566
not require a license.	13567

~~(4) "Years of service" includes all service described in~~	13568
~~division (A) of section 3317.13 of the Revised Code.~~	13569

(B) Subject to rules established by the director of	13570
developmental disabilities pursuant to Chapter 119. of the Revised	13571
Code, each county board of developmental disabilities shall	13572
~~annually adopt separate salary schedules for~~pay teachers and	13573
nonteaching employees a salary based upon performance as described	13574
in section 3317.13 of the Revised Code.	13575

(C) ~~The teachers' salary schedule shall provide for~~	13576
~~increments based on training and years of service. The board may~~	13577
~~establish its own service requirements provided no teacher~~	13578
~~receives less than the salary the teacher would be paid under~~	13579
~~section 3317.13 of the Revised Code if the teacher were employed~~	13580
~~by a school district board of education and provided full credit~~	13581
~~for a minimum of five years of actual teaching and military~~	13582
~~experience as defined in division (A) of such section is given to~~	13583
~~each teacher.~~	13584

~~Each teacher who has completed training that would qualify~~	13585
~~the teacher for a higher salary bracket pursuant to this section~~	13586
~~shall file by the fifteenth day of September with the fiscal~~	13587
~~officer of the board, satisfactory evidence of the completion of~~	13588
~~such additional training. The fiscal officer shall then~~	13589
~~immediately place the teacher, pursuant to this section, in the~~	13590
~~proper salary bracket in accordance with training and years of~~	13591
~~service. No teacher shall be paid less than the salary to which~~	13592
~~the teacher would be entitled under section 3317.13 of the Revised~~	13593
~~Code if the teacher were employed by a school district board of~~	13594
~~education.~~	13595

The superintendent of each county board, on or before the	13596
fifteenth day of October of each year, shall certify to the state	13597
board of education the name of each teacher employed, on an annual	13598
salary, in each special education program operated pursuant to	13599
section 3323.09 of the Revised Code during the first full school	13600
week of October. The superintendent further shall certify, for	13601
each teacher, the number of years of training completed at a	13602
recognized college, the degrees earned from a college recognized	13603
by the state board, the type of license held, the number of months	13604
employed by the board, the annual salary, and other information	13605
that the state board may request.	13606

(D) ~~The nonteaching employees' salary schedule established by~~	13607
~~the board shall be based on training, experience, and~~	13608
~~qualifications with initial salaries no less than salaries in~~	13609
~~effect on July 1, 1985.~~ Each board shall prepare and may amend	13610
from time to time, specifications descriptive of duties,	13611
responsibilities, requirements, and desirable qualifications of	13612
the classifications of employees required to perform the duties	13613
~~specified in the salary schedule~~required of the employees in	13614
those classifications. All nonteaching employees shall be notified	13615
of the position classification to which they are assigned ~~and the~~	13616
~~salary for the classification. The compensation of all nonteaching~~	13617
~~employees working for a particular board shall be uniform for like~~	13618
~~positions except as compensation would be affected by salary~~	13619
~~increments based upon length of service~~.	13620

On the fifteenth day of October of each year the nonteaching	13621
employees' ~~salary schedule and~~ list of job classifications and	13622
salaries in effect on that date shall be filed by each board with	13623
the superintendent of public instruction. If such ~~salary schedule~~	13624
~~and~~ classification plan is not filed, the superintendent of public	13625
instruction shall order the board to file such ~~schedule and~~ list	13626
forthwith. If this condition is not corrected within ten days	13627
after receipt of the order from the superintendent, no money shall	13628
be distributed to the district under Chapter 3306. or 3317. of the	13629
Revised Code until the superintendent has satisfactory evidence of	13630
the board's full compliance with such order.	13631

Sec. 5139.02. (A)(1) As used in this section, "managing	13632
officer" means a deputy director, an assistant deputy director, a	13633
superintendent, a regional administrator, a deputy superintendent,	13634
or the superintendent of schools of the department of youth	13635
services, a member of the release authority, the chief of staff to	13636
the release authority, and the victims administrator of the office	13637
of victim services.	13638

(2) Each division established by the director of youth	13639
services shall consist of managing officers and other employees,	13640
including those employed in institutions and regions as necessary	13641
to perform the functions assigned to them. The director or	13642
appropriate deputy director or managing officer of the department	13643
shall supervise the work of each division and determine general	13644
policies governing the exercise of powers vested in the department	13645
and assigned to each division. The appropriate managing officer or	13646
deputy director is responsible to the director for the	13647
organization, direction, and supervision of the work of the	13648
division or unit and for the exercise of the powers and the	13649
performance of the duties of the department assigned to it and,	13650
with the director's approval, may establish bureaus or other	13651
administrative units within the department.	13652

(B) The director shall appoint all managing officers, who	13653
shall be in the unclassified civil service. The director may	13654
appoint a person who holds a certified position in the classified	13655
service within the department to a position as a managing officer	13656
within the department. A person appointed pursuant to this	13657
division to a position as a managing officer shall retain the	13658
right to resume the position and status held by the person in the	13659
classified service immediately prior to the person's appointment	13660
as managing officer, regardless of the number of positions the	13661
person held in the unclassified service. A managing officer's	13662
right to resume a position in the classified service may only be	13663
exercised when the director demotes the managing officer to a pay	13664
~~range~~level lower than the managing officer's current pay ~~range~~	13665
level or revokes the managing officer's appointment to the	13666
position of managing officer. A managing officer forfeits the	13667
right to resume a position in the classified service when the	13668
managing officer is removed from the position of managing officer	13669
due to incompetence, inefficiency, dishonesty, drunkenness,	13670
immoral conduct, insubordination, discourteous treatment of the	13671
public, neglect of duty, violation of this chapter or Chapter 124.	13672
of the Revised Code, the rules of the director of youth services	13673
or the director of administrative services, any other failure of	13674
good behavior, any other acts of misfeasance, malfeasance, or	13675
nonfeasance in office, or conviction of a felony. A managing	13676
officer also forfeits the right to resume a position in the	13677
classified service upon transfer to a different agency.	13678

Reinstatement to a position in the classified service shall	13679
be to the position held in the classified service immediately	13680
prior to appointment as managing officer, or to another position	13681
certified by the director of administrative services as being	13682
substantially equal to that position. If the position the person	13683
previously held in the classified service immediately prior to	13684
appointment as a managing officer has been placed in the	13685
unclassified service or is otherwise unavailable, the person shall	13686
be appointed to a position in the classified service within the	13687
department that the director of administrative services certifies	13688
is comparable in compensation to the position the person	13689
previously held in the classified service. Service as a managing	13690
officer shall be counted as service in the position in the	13691
classified service held by the person immediately prior to the	13692
person's appointment as a managing officer. If a person is	13693
reinstated to a position in the classified service under this	13694
division, the person shall be returned to the pay ~~range and step~~	13695
level to which the person had been assigned at the time of the	13696
appointment as managing officer. ~~Longevity, where applicable,~~	13697
~~shall be calculated pursuant to the provisions of section 124.181~~	13698
~~of the Revised Code.~~	13699

(C) Each person appointed as a managing officer shall have	13700
received special training and shall have experience in the type of	13701
work that the person's division is required to perform. Each	13702
managing officer, under the supervision of the director, has	13703
entire charge of the division, institution, unit, or region for	13704
which the managing officer is appointed and, with the director's	13705
approval, shall appoint necessary employees and may remove them	13706
for cause.	13707

(D) The director may designate one or more deputy directors	13708
to sign any personnel actions on the director's behalf. The	13709
director shall make a designation in a writing signed by the	13710
director, and the designation shall remain in effect until the	13711
director revokes or supersedes it with a new designation.	13712

Sec. 5503.03. The state highway patrol and the	13713
superintendent of the state highway patrol shall be furnished by	13714
the state with such vehicles, equipment, and supplies as the	13715
director of public safety deems necessary, all of which shall	13716
remain the property of the state and be strictly accounted for by	13717
each member of the patrol.	13718

The patrol may be equipped with standardized and tested	13719
devices for weighing vehicles, and may stop and weigh any vehicle	13720
which appears to weigh in excess of the amounts permitted by	13721
sections 5577.01 to 5577.14 of the Revised Code.	13722

The superintendent, with the approval of the director, shall	13723
prescribe rules for instruction and discipline, make all	13724
administrative rules, and fix the hours of duty for patrol	13725
officers. HeThe superintendent shall divide the state into	13726
districts and assign members of the patrol to such districts in a	13727
manner that hethe superintendent deems proper. HeThe	13728
superintendent may transfer members of the patrol from one	13729
district to another, and classify and rank members of the patrol.	13730
All promotions to a higher grade shall be made from the next lower	13731
grade. When a patrol officer is promoted by the superintendent,	13732
the officer's salary shall be increased to that of the lowest ~~step~~	13733
salary or wage in the pay range for the new grade which shall	13734
increase the officer's salary or wage by at least nine per cent of	13735
the base pay wherever possible.	13736

Sec. 5505.15. (A)(1) A member of the state highway patrol	13737
retirement system shall contribute ten per cent of the member's	13738
annual salary to the state highway patrol retirement fund. The	13739
amount shall be deducted by the employer from the employee's	13740
salary for each payroll period.	13741

The contributions required under this section shall not be	13742
paid by an employer on an employee's behalf, but may be treated as	13743
employer contributions for purposes of state and federal income	13744
tax deferred income provisions.	13745

(2) The total contributions arising from deductions made	13746
prior to January 1, 1966, from the salaries of members in the	13747
employ of the state highway patrol and standing to the credit of	13748
their individual accounts in the retirement fund shall be	13749
transferred and credited to their respective individual accounts	13750
in the employees' savings fund.	13751

(B) The state shall annually pay into the employer	13752
accumulation fund, in monthly or less frequent installments as the	13753
state highway patrol retirement board requires, the employer	13754
contribution. The employer contribution shall be an amount equal	13755
to twenty-six and one-half per cent of the total salaries paid	13756
contributing members. If a member severs connection with the	13757
patrol or is dismissed, the employer contribution shall remain in	13758
the retirement system.	13759

The rate percentage of the employer contribution shall be	13760
certified by the board to the director of budget and management	13761
and shall not be lower than nine per cent of the total salaries	13762
paid contributing members and shall not exceed three times the	13763
rate percentage being deducted from the annual salaries of	13764
contributing members. The board shall prepare and submit to the	13765
director, on or before the first day of November of each	13766
even-numbered year, an estimate of the amounts necessary to pay	13767
the state's obligations accruing during the biennium beginning the	13768
first day of July of the following year. Such amounts shall be	13769
included in the budget and allocated as certified by the board.	13770

Sec. 5703.09. Each member of the board of tax appeals shall	13771
receive a salary fixed pursuant to division ~~(J)~~(A) of section	13772
124.15 of the Revised Code for each day spent in the discharge of	13773
~~his~~ official duties and shall be reimbursed for ~~his~~ actual and	13774
necessary expenses incurred in the discharge of such duties.	13775

Section 2. That existing sections 9.81, 9.90, 9.901, 102.02,	13776
103.74, 109.33, 122.40, 122.64, 122.72, 124.11, 124.134, 124.14,	13777
124.15, 124.152, 124.181, 124.322, 124.325, 124.34, 124.38,	13778
124.382, 124.388, 124.39, 124.81, 124.82, 126.32, 141.01, 141.02,	13779
145.012, 145.47, 306.04, 307.054, 339.06, 339.07, 340.04, 505.38,	13780
505.49, 505.60, 709.012, 742.31, 742.63, 749.082, 749.083, 917.03,	13781
927.69, 991.02, 1349.71, 1509.35, 1513.182, 1513.29, 1545.071,	13782
1551.35, 1707.36, 1707.46, 3301.03, 3304.12, 3306.01, 3307.27,	13783
3307.77, 3309.47, 3311.19, 3313.12, 3313.202, 3313.23, 3313.24,	13784
3313.33, 3313.42, 3314.10, 3316.07, 3317.01, 3317.018, 3317.11,	13785
3317.13, 3319.01, 3319.011, 3319.02, 3319.06, 3319.08, 3319.084,	13786
3319.085, 3319.088, 3319.09, 3319.10, 3319.11, 3319.111, 3319.13,	13787
3319.14, 3319.141, 3319.17, 3319.172, 3319.18, 3319.61, 3319.63,	13788
3326.18, 3332.03, 3701.33, 3737.81, 3737.90, 3770.02, 3772.06,	13789
3773.33, 3781.07, 4112.03, 4117.01, 4117.02, 4117.03, 4117.05,	13790
4117.06, 4117.07, 4117.08, 4117.09, 4117.10, 4117.11, 4117.12,	13791
4117.13, 4117.14, 4117.15, 4117.18, 4117.20, 4117.21, 4123.352,	13792
4301.07, 4517.30, 4701.03, 4701.05, 4703.03, 4703.31, 4709.04,	13793
4715.06, 4717.02, 4723.02, 4725.06, 4725.46, 4729.03, 4730.05,	13794
4731.03, 4732.05, 4733.05, 4734.03, 4738.09, 4741.02, 4747.03,	13795
4753.04, 4755.01, 4757.05, 4758.12, 4759.03, 4761.02, 4763.02,	13796
4775.05, 4905.10, 4906.02, 4911.07, 5107.26, 5119.09, 5123.51,	13797
5126.24, 5139.02, 5503.03, 5505.15, and 5703.09 and sections	13798
3317.12, 3317.14, 3319.112, 3319.131, 3319.142, 3319.143,	13799
4117.16, 4117.22, and 4117.23 of the Revised Code are hereby	13800
repealed.	13801

Section 3. This act applies to contracts entered into under	13802
section 124.81 of the Revised Code on or after the effective date	13803
of this act.	13804

Section 4. The amendments to Chapter 4117. of the Revised	13805
Code by this act shall apply to a collective bargaining agreement	13806
entered into on or after the effective date of this section and to	13807
versions of a collective bargaining agreement in effect on the	13808
effective date of this section that result from extension,	13809
modification, or renewal of the collective bargaining agreement on	13810
or after that date. Nothing in this act shall be construed as	13811
applying to a collective bargaining agreement entered into under	13812
Chapter 4117. of the Revised Code that exists on the effective	13813
date of this act.	13814

Section 5. The items of law contained in this act, and their	13815
applications, are severable. If any item of law contained in this	13816
act, or if any application of any item of law contained in this	13817
act, is held invalid, the invalidity does not affect other items	13818
of law contained in this act and their applications that can be	13819
given effect without the invalid item of law or application.	13820

Section 6. The General Assembly, applying the principle	13821
stated in division (B) of section 1.52 of the Revised Code that	13822
amendments are to be harmonized if reasonably capable of	13823
simultaneous operation, finds that the following sections,	13824
presented in this act as composites of the sections as amended by	13825
the acts indicated, are the resulting versions of the sections in	13826
effect prior to the effective date of the sections as presented in	13827
this act:	13828

Section 124.11 of the Revised Code as amended by both Am.	13829
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	13830

Section 124.181 of the Revised Code as amended by both Am.	13831
Sub. H.B. 1 and Am. Sub. H.B. 16 of the 128th General Assembly.	13832

Section 124.34 of the Revised Code as amended by both Am.	13833
Sub. H.B. 1 and Am. Sub. H.B. 16 of the 128th General Assembly.	13834

Section 505.49 of the Revised Code as amended by both Am.	13835
Sub. H.B. 490 and Am. H.B. 515 of the 124th General Assembly.	13836

Section 5126.24 of the Revised Code as amended by both Am.	13837
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.	13838

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Bill Text: OH SB5 | 2011-2012 | 129th General Assembly | Comm Sub

Ohio Senate Bill 5 (Prior Session Legislation)

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