Chapter 123:1-25 Transfers, Reinstatements, and Seasonal Positions

123:1-25-01 Transfers and intra-transfers in classified service.

(A) Employees in the classified service of an agency of the state government who have satisfactorily completed their probationary period, or in the case of a new appointee who has completed their probationary period or six months of service in that position, whichever is longer, may be transferred to a position having the same rate of pay and similar duties in another agency of the state government, upon request of the two appointing authorities concerned, with consent of the employee and approval of the director of administrative services. Where the good of the service requires, such transfer may be made without the approval of the appointing authority of the agency from which the transfer is made.

(B) Employees in the classified service of an agency in the state government who have satisfactorily completed their probationary period, or in the case of a newly appointed employee who has completed their probationary period or six months of service, whichever is longer, may be transferred to positions of a similar classification and having similar qualifications with a county agency, and employees in the classified service of a county agency may be transferred to positions of a similar classification and having similar qualifications in another agency of the county or in another county or in an agency of the state government, upon approval of the appointing authorities involved, with consent of the employee and approval of the director of administrative services and the commission, if applicable.

(C) Employees in the classified service of an Ohio city who have satisfactorily completed their probationary period, may be transferred to a county or state agency, and employees in the classified service of a state or county agency may be transferred to an Ohio city, where the positions involved are similar in duties and qualifications, with the consent of the employee subject to approval by the appointing authorities involved, the municipal civil service commission, and the director of administrative services, if applicable.

(D) Within an agency of the state or county government, an employee in the classified service may be intra-transferred where the positions involved have the same classification title.

(E) Any of the types of transfer defined above may be permanent or temporary. Temporary transfers of thirty days or less may be made without the consent of the employee. The employee shall have no right to appeal such temporary transfer unless the employee receives another temporary transfer within a six-month period.

(F) Temporary transfers for periods of more than thirty days and less than ninety-one days may be made only with written consent of the employee.

(G) A "permanent transfer" is any transfer in excess of thirty days unless the employee has consented to a longer period not exceeding ninety days.

(H) Written notice of any transfer and the reasons therefore in writing shall be given to the employee concerned. This notice shall be given at least fourteen calendar days prior to the effective date of the change except where an emergency renders it impractical. Requests for approval of all transfers shall be submitted to and approved by the director of administrative services or his designee, and/or the commission, as applicable. Each transfer action shall state the circumstances which make the transfer necessary for the efficient operation of the agency. No permanent transfer is to take effect until approval is secured by the initiating appointing authority from the director of administrative services. The word "transfer" as used in this rule shall not include any job reassignment within the same classification, within the same appointing authority which takes place in and involves a move to a different job location in the same county.

(I) The following classes have been designated as those where changes in the location of the employee's work assignment are necessary:

Classification Number Classification Title

16751 Unemployment Compensation Examiner 1
16752 Unemployment Compensation Examiner 2
16753 Unemployment Compensation Examiner/Specialist 1
16754 Unemployment Compensation Examiner/Specialits 2

23511 Enforcement Agent

23515 Enforcement Assistant Agent-in-Charge

23516 Enforcement Agent-in-Charge

23521 Liquor Control Compliance Officer

23525 Liquor Control Compliance Supervisor 1

23526 Liquor Control Compliance Supervisor 2

26121 Criminal Investigator 1

26122 Criminal Investigator 2

26210 Investigator Assistant

26211 Investigator

26216 Investigation Supervisor 1

26217 Investigation Supervisor 2

26711 Highway Patrol Trooper

63123 Program Administrator 2

63124 Program Administrator 3

63131 Administrative Officer 1

63132 Administrative Officer 2

63133 Administrative Officer 3

63471 Labor Relations Officer 1

63472 Labor Relations Officer 2

63473 Labor Relations Officer 3

64612 Human Capital Management Analyst

64613 Human Capital Management Senior Analyst

66111 Accountant/Examiner 1

66112 Accountant/Examiner 2

66113 Accountant/Examiner 3

66114 Accountant/Examiner 4

66115 Accountant/Examiner Supervisor 1

66116 Accountant/Examiner Supervisor 2

66126 Unemployment Contribution Assistant Supervisor

66127 Unemployment Contribution Supervisor

66131 Unemployment Compensation Compliance Auditor

66136 Unemployment Compensation Compliance Audit Supervisor 1

66140 Financial Institution Examiner Trainee

66141 Financial Institution Examiner 1

66142 Financial Institution Examiner 2

66143 Financial Institution Examiner 3

66144 Financial Institution Examiner 4

66145 Financial Institution Examiner 5

66146 Financial Institution Specialist 1

66147 Financial Institution Specialist 2

66148 Financial Institution Administrator

66149 Financial Institution Deputy Superintendent

66151 Assistant Auditor 1

66152 Assistant Auditor 2

66153 Assistant Auditor 3

66155 Assistant Auditor Supervisor 1

66156 Assistant Auditor Supervisor 2

66157 Assistant Auditor Manager 1

66158 Assistant Auditor Manager 2

66181 Assistant EDP Auditor 1

66182 Assistant EDP Auditor 2

66183 Assistant EDP Auditor 3

66184 Assistant EDP Auditor Coordinator

66185 Assistant EDP Auditor Supervisor

66411 Internal Auditor 1

66412 Internal Auditor 2

66413 Internal Auditor 3

66415 Internal Audit Supervisor 1

66416 Internal Audit Supervisor 2

66417 Internal Audit Program Manager

66421 Internal EDP Auditor 1

66422 Internal EDP Auditor 2

66425 Internal EDP Audit Supervisor

66431 Workers' Compensation External Auditor

66435 Workers' Compensation External Auditor/Employee Services Supervisor

66535 Fiscal Officer 1

66536 Fiscal Officer 2

66537 Fiscal Officer 3

66538 Fiscal Officer 4

84511 Appraiser 1

84512 Appraiser 2

84513 Appraiser 3

84514 Appraisal Specialist

84521 Realty Specialist 1

84522 Realty Specialist 2

84523 Realty Specialist 3

84525 Realty Specialist Supervisor

84526 Realty Specialist Manager

84531 Property Management Specialist

84571 Permit Technician 1

84572 Permit Technician 2

84575 Permit Technician Supervisor

84581 Utilities Relocation Technician 1

84582 Utilities Relocation Technician 2

84583 Utilities Relocation Technician 3

84592 Real Estate Specialist

84595 Real Estate Specialist Supervisor

84596 Real Estate Administrator 1

84597 Real Estate Administrator 2

84598 Real Estate Administrator 3

A person considered for appointment to a position in such classes shall be informed of this policy in writing at the time of appointment or at the time of an examination. Those persons serving in such positions at the time of the adoption of this rule shall be informed of this policy in writing. The director shall approve such transfers without the submission of additional evidence. An employee serving in any of these classes shall have no right of appeal under paragraph (M) of this rule, but shall be given written notice of the transfer as provided in paragraph (H) of this rule. Transfers made under this paragraph shall be considered temporary transfers as defined in paragraphs (E) and (F) of this rule and be subject to the same restrictions placed on other temporary transfers. In no case shall transfers initiated under this paragraph be regarded as permanent.

(J) In the case of a request to transfer an employee permanently, the director shall approve the transfer only if it is determined to be necessary for the efficient operation of the work unit to which the employee would be transferred.

(K) In the case of permanent transfer, where the director determines that there is a need for a permanent change of residence, the employee shall be paid the actual and necessary expenses of moving to his or her new location. In addition, the employee shall be paid the regular per diem rate for in-state travel as established by the office of budget and management until his or her residence can be moved to his new location, but for not more than thirty days. The employee shall notify his or her appointing authority and the director of administrative services of his or her intent to move or not to move his or her place of residence within thirty days of receiving notification from the director of administrative services that a change of residence is necessary, unless an appeal is pending, and such move must be completed within six months. If the employee chooses not to move his or her residence but commutes to the new job location from his or her former residence, no payment of moving expenses and no per diem payment shall be made. If the employee appeals the transfer, payment of moving expenses shall be delayed until a decision is rendered by the state personnel board of review. The appointing authority shall have the option of selecting or rejecting from among three or more moving estimates to relocate the employee, and may ask the employee to obtain additional estimates.

(L) During the period of a temporary transfer or during the first thirty days of a permanent transfer pending the relocation of the employee's residence, the appointing authority shall pay the employee's travel expenses in accordance with the office of budget and management travel expense regulations in effect at the time of transfer.

(M) An employee who has been notified in writing that he or she is to be transferred may, within ten days of receipt of such notice, file an appeal with the personnel board of review. In any event, while the appeal of an employee is pending before the personnel board of review, the employee shall have the obligation to comply with the transfer. In any case where the employee has relocated his or her residence pursuant to a permanent transfer and the rule of the board is that such transfer is not justified, the employee shall be fully reimbursed for the cost of relocating, as well as the cost of returning his or her residence to the original location.

(N) Upon transfer between a county agency and a state agency, an employee shall be paid by the releasing agency for his or her accrued and unused vacation leave at the employee's current rate of pay.

Effective: 11/18/2012
R.C. 119.032 review dates: 01/15/2014
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.31 , 124.32 , 124.33
Prior Effective Dates: 10/24/83, 11/10/96, 2/13/00, 7/1/07

123:1-25-02 Reinstatements after resignation.

An employee in the classified service who resigns, having served the required probationary period, may be reinstated upon request of the appointing authority to the director to the same or a similar position in that agency, at any time within one year from the date of such resignation. An employee that is reinstated from resignation following a break in service shall be given an appointment date based on the date of reinstatement.

R.C. 119.032 review dates: 05/15/2014 and 05/15/2019
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.32
Prior Effective Dates: 5/1/66, 1/9/76, 11/10/96

123:1-25-04 Seasonal positions.

All positions in the competitive class, where the nature of the work is such that the service is not continuous throughout the year, but recurs in each successive calendar year, shall be designated as "seasonal" positions. Any person appointed to such seasonal position under the provisions of the civil service law, and who has been temporarily separated from the service during the inactive season, shall be entitled to employment in the same position in each ensuing year, provided the person is not in the meantime disqualified for any cause; and provided, that any person appointed to a seasonal position, who is not assigned to work for a period of one year due to lack of work or the person's refusal of available work shall be deemed ineligible for further assignment as a classified employee.

R.C. 119.032 review dates: 05/15/2014 and 05/15/2019
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.32
Prior Effective Dates: 5/1/66, 1/9/76, 7/1/07

123:1-25-07 Temporary reassignment of duties.

(A) The director of transportation may assign, with the approval of the director of administrative services and for a total not to exceed one thousand hours per calendar year, exclusive of overtime, an employee of the department of transportation holding a position in the classified service of the state to duties other than those assigned to the position to which the employee has been legally appointed.

(1) Such a reassignment must be made with the consent of the employee except in the case of a weather emergency proclaimed by the governor or when the director of the department of transportation deems that the reassignment is necessary due to an unusual situation requiring immediate action.

(2) Such a reassignment must be due to the temporary characteristics of the work situation, and the duties must be for the efficient management of the department or for the maintenance of the highways in the interest of the safety of the traveling public.

(3) No employee currently serving in an original probationary period may be considered for temporary work assignment.

(4) The director of transportation shall submit to the director of administrative services the classifications in which such assignments are necessary for the efficient operation of the department of transportation.

(B) Prior to a temporary assignment of work duties, the director of transportation shall certify to the director of administrative services that:

(1) The employee is qualified and physically able to perform the assigned duties;

(2) The temporary assignment of work duties is necessary for the efficient operation of the department of transportation;

(3) The employee has received notice of the temporary assignment of work duties;

(4) The temporary assignment of work duties will neither cause a layoff nor a job displacement of any other person;

(5) The temporary assignment of work duties will not prevent the hiring of any other person from an eligible list; and

(6) The employee has consented to the temporary assignment or that the governor has proclaimed a weather emergency or that the director of the department of transportation has determined that an unusual situation requiring immediate action exists.

(C) If the number of eligible employees who consent to such temporary assignment exceeds the number of employees needed for the temporary assignment, the director of transportation shall assign the employees on the basis of seniority.

(D) No employer who is temporarily assigned work duties under this rule shall suffer any loss of pay, position, diminution of position, service rights or benefits as a result of such temporary assignment. Any employee who is temporarily transferred from his permanently assigned position to a temporary position shall be reimbursed for excess travel to and from work during the period of reassignment at the rate per mile set by the director of the office of budget and management.

(E) No employee shall be temporarily assigned duties under this rule if such duties are those of a higher classification or any classification compensated at a higher pay range than that to which the employee is legally appointed, except as specified by administrative rule.

(F) The annual performance evaluation of an employee temporarily assigned duties under this rule shall be made as of the employee's usual evaluation date and shall exclude the employee's performance of the temporarily assigned duties.

R.C. 119.032 review dates: 05/15/2014 and 05/15/2019
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.32
Prior Effective Dates: 9/10/81