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Legislative Service Commission -38- H.B. 153As Pending in H. Finance and Appropriations
Civil service law
(R.C. 124.09, 124.23, 124.231, 124.25, 124.26, 124.27, and 124.31)
Civil service examinations
The bill requires the Director of Administrative Services to prescribe by rule thenotification method that is to be used by an appointing authority to notify the Directorthat a position in the state classified civil service is to be filled. The bill states, as ageneral principle, that when a position in the state classified civil service is to be filled,an examination is to be administered. But, the bill authorizes the Director, withsufficient justification from an appointing authority, to allow the appointing authorityto fill a position by noncompetitive examination. The Director must establish, by ruleadopted under the Administrative Procedure Act (which requires notice and a hearing),standards the Director is to use to determine what serves as sufficient justification froman appointing authority to fill a position by noncompetitive examination.The bill requires the Director to post notices via electronic media of everyexamination to be conducted for positions in the state classified civil service. Theelectronic notice must be posted on the Director s Internet site for a minimum of oneweek preceding any examination. Under current law, notices must be posted for twoweeks in conspicuous public places such as court houses and city halls, and in the officeof the Director.The bill authorizes the Director to delegate the Directors civil service examiningauthority to a designee.
Special examinations
The bill provides for special examinations to be administered to legally blindpersons and legally deaf persons who are applying for any position in the classifiedcivil service. Current law provides that special examinations are to be administeredonly for original appointments. The bill also removes the Directors express authority toadminister equitable programs for the employment of legally blind persons and legallydeaf persons.
Appointments
The bill requires an appointing authority that is making an appointment to aposition in the classified civil service, to make the appointment in the followingmanner: each time a selection is made, it must be from one of the names that ranks inthe top 25% of the eligible list. But, in the event that ten or fewer names are on theeligible list, the appointing authority may select any of the listed candidates. Current
 
Legislative Service Commission -39- H.B. 153As Pending in H. Finance and Appropriations
law generally requires the appointing authority to appoint a person from a list of tennames standing highest on the eligible list, but appointment from that list is notmandatory if less than ten names are on the list.The bill specifies that an eligible list expires upon the filling or closing of theposition for which the eligible list was prepared. An expired eligible list can be used tofill a position in the same classification within the same appointing authority for whichthe expired eligible list was prepared. But in no event can an expired eligible list beused longer than one year after its expiration date. (Under current law, the Director canfix the term of an eligible list at not less than one nor more than two years.) The billeliminates the Directors authority under current law to consolidate two or more eligiblelists.
Veterans bonus
The bill modifies the bonus, for veterans who receive a passing grade on a civilservice examination, from 20% of the veterans total grade to 20% or an equivalentweight of the veteran s total grade. The individuals ranking on an eligible list mustreflect the passing grade plus the additional credit. The bill eliminates the priority inrank on an eligible list that a veteran is currently entitled to when there is a tie scorebetween a veteran and a nonveteran. Under the bill, the time of filing the applicationwill solely determine the order in which the names of persons who receive the samescore are ranked on an eligible list. Current law requires a veteran to be ranked above anonveteran who has the same score, in addition to receiving the 20% bonus.
Probationary employees
The bill requires an appointing authority, upon dismissing a probationaryemployee, to communicate that fact to the Director. Under current law, the appointingauthority must communicate the reason for which the probationary employee wasdismissed. All original and promotional appointments are for a probationary period. Ifa probationary employees service is unsatisfactory, the employee may be dismissed atany time during the probationary period.
Promotions
Under the bill, the Directors rule for making promotions in the state classifiedcivil service must require that promotions be made on the basis of merit and by conductand capacity in office. The bill eliminates the requirement that merit for promotion beascertained by promotional examinations and by seniority in service.
 
Legislative Service Commission -40- H.B. 153As Pending in H. Finance and Appropriations
DAS job classification plans and appointment incentive programs notcreated by rule
(R.C. 124.14, 124.141, and 124.15)The bill eliminates the requirement that the Director of Administrative Servicesestablish a job classification plan, assign a classification title to each classification, assigneach classification to a pay range, and modify a classification or the assignment ofclasses by rule. Under continuing law, a job classification plan is for all positions,offices, and employments the salaries of which are paid in whole or in part by the state.In addition, the bill eliminates the requirement that the Director follow the rulemaking requirements of the Administrative Procedure Act (which requires notice and apublic hearing)
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to establish an appointment incentive program that allows anappointing authority to pay to certain categories of officers or employees a salary andbenefits package that differs from the package otherwise provided by law for thatofficer or employee.The bill also eliminates the requirement that the Director follow theAdministrative Procedure Act rule making procedures to establish experimentalclassification plans and to establish, modify, or rescind a classification plan for countyagencies that elect not to use the services and facilities of a county personneldepartment.
State public notice web site
(R.C. 7.16 and 125.182)The bill requires the Office of Information Technology in the Department ofAdministrative Services to establish, operate, and maintain a state public notice web sitewhere all state agencies and political subdivisions may publish notices required bystatute or rule. If the statute or rule requires newspaper notice, the agency orsubdivision may choose instead to publish the notice on the state public notice web site.Publication of a notice on the web site is in lieu of newspaper publication that isotherwise required.However, an agency or political subdivision that publishes a notice on the website also must publish an abbreviated notice in a newspaper of general circulationproviding a brief summary of the complete notice, a reference to the web site addressfor the state public notice web site where the complete notice may be found, and atelephone number to call for more information.
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R.C. Chapter 119.
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