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Whenever there is a vacancy in a position having a classification above the lowest grade in a series, the Director of Administrative Services shall determine whether the position is to be filled by promotional examination or by open-competitive examination. The cooperation of the department heads may be sought in making this decision. If the vacancy is to be filled by promotional examination, the Director shall determine which classes of certified employees (who have completed their probationary period) shall be eligible to compete. When a promotional examination is held the eligible list resulting from such examination shall be used to fill the vacancy. If an open-competitive examination is held, the procedure defined in Chapters 123:1-15 and 123:1-17 shall be applicable. If there is both a promotional list and an open-competitive list for a particular classification, the promotional list shall be used before the open-competitive list.
R.C. 119.032 review dates: 01/15/2008 and 01/15/2011
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.31
Prior Effective Dates: 1/6/71, 1/9/76
If a vacancy exists of the type described in rule 123:1-23-01 of the Administrative Code, but it is found not necessary or practicable to conduct a competitive examination, the director may authorize the appointing authority to nominate an eligible employee for promotion without competition, but in all cases of promotion without competition, the appointing authority shall submit a written statement or provide documentation showing:
(A) That the duties performed by the employee nominated are in actual preparation for the higher position;
(B) That such employee is entitled to promotion by reason of conduct and effective performance in his or her current position;
(C) That such employee possesses the appropriate qualifications to be promoted to the higher position; and
(D) That such employee:
(1) Is certified in his or her current position and
(2) Is not currently serving a probationary period and no eligibility list exists for the classification of the vacant position.
R.C. 119.032 review dates: 01/15/2008 and 01/15/2011
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.30, 124.31
Prior Effective Dates: 5/1/66, 1/9/76, 11/10/96, 7/1/07
No person shall be deemed eligible for promotion who has not satisfactorily completed the required probationary period as defined in Chapter 123:1-19.
R.C. 119.032 review dates: 01/15/2008 and 01/15/2011
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.31
Prior Effective Dates: 5/1/66, 1/9/76
If as provided in 123:1-23-01, the Director finds that promotional examination is impracticable, he may hold an open-competitive examination without regard to the number of persons in the lower rank or grade.
R.C. 119.032 review dates: 01/15/2008 and 01/15/2011
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.31
Prior Effective Dates: 1/6/71, 1/9/76
(A) No person shall be eligible for promotion who lacks the qualifications prescribed in the specifications for the class involved, unless evidence is presented either that persons fully meeting the qualifications are not available or that the person possesses other special qualifications which would make it desirable that he be considered for promotion.
(B) No person shall be eligible for examination for promotion, or for promotion without competition for whom two of the last three annual performance evaluations have been unsatisfactory.
R.C. 119.032 review dates: 01/15/2008 and 01/15/2011
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.31
Prior Effective Dates: 6/1/66, 1/9/76
Combined promotional and open-competitive examinations may be held at the discretion of the Director. Whenever any names are on a promotional eligible list for a given position, that list shall be used in preference to an open-competitive list covering the same position. Promotional and open-competitive lists may be combined to give an appointing authority a choice of three names. Names from a promotional list shall be placed ahead of those from an open-competitive list in such a combination.
R.C. 119.032 review dates: 01/15/2008 and 01/15/2011
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.31
Prior Effective Dates: 1/6/71, 1/9/76
(A) Definitions. For purposes of this rule, “inter-agency promotion” means the act of promoting an employee from one department to another department with a different over-all appointing authority. “Intra-agency promotion” means the act of promoting an employee from one position to another within the same department or over-all appointing authority.
(B) Time limit for filling position. When an examination for promotion has been completed and the result certified to the appointing authority, one of the three persons certified as standing highest shall be appointed within thirty days, and after that time, any acting incumbent of said position for which a promotional examination has been held shall vacate the position. If only one or two names can be certified, the appointing authority shall not be required to make an appointment, but the position shall not be filled except by appointment from an eligible list and, if occupied by an acting incumbent, it shall be vacated.
(C) Probationary period. All promotions shall be for a probationary period established in Chapter 123:1-19 of the Administrative Code.
(D) Inter-agency promotion. If an employee accepts an inter-agency promotion and is found to be unsatisfactory in the advanced position, the receiving agency may remove the employee or may demote the employee to a position within the receiving agency that is the same or similar to the position the employee held at the releasing agency prior to promotion. The employee has no right to resume a position with the releasing agency.
(E) Intra-agency promotion. If an employee accepts an intra-agency promotion and is found to be unsatisfactory in the advanced position, the employee shall be demoted to the position from which the employee was promoted or to a similar position. Upon such demotion, the employee’s salary shall be the same that the employee was receiving prior to promotion, except for changes in pay range that may have occurred or any step increase to which the employee would have been entitled in the lower classification.
If a certified employee takes an open-competitive examination for a classification having a higher base pay range than the employee holds at the time of the examination and is appointed from the resulting eligible list to a position in the same agency, this action shall be considered a promotion so far as the probationary period is concerned, and the employee shall be demoted in accordance with this rule if the employee’s services are found unsatisfactory.
(F) Right to appeal. Pursuant to section 124.27 of the Revised Code, a probationary employee duly removed for unsatisfactory service does not have a right to appeal the removal or reduction under section 124.34 of the Revised Code.
Replaces: 123:1-23-12
R.C. 119.032 review dates: 01/15/2008 and 01/15/2011
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.31
Prior Effective Dates: 1/1/69, 1/9/76, 2/4/96, 7/1/06, 1/21/07, 7/1/2007