Chapter 123:1-5 Classified and Unclassified Service Classification

123:1-5-01 Unclassified service.

(A) Designation of exemptions. Within sixty days after taking office, each elective officer and each principal appointive officer, board, commission, or body having the power of appointment to, or removal from, positions in the service of the state in any office, department, commission, board or institution, shall designate to the director the positions for which exemption from the competitive classified service is claimed under the provisions of division (A)(8) of section 124.11 of the Revised Code.

Thereafter, no change in the designation of exemptions claimed under this provision shall be made during the incumbency of such officer, board, or commission unless an agency reorganization occurs as a result of legislative action during the appointing officer's, board's or commission's term of office or the duties of the position have changed to an extent that warrants a change in the classification of the position. When a change in duties warrants a change in classification under this rule, only the classification of the position shall be changed, otherwise the actual position's status shall remain the same. The appointive officer, board, commission, or body shall file a statement of reasons for such proposed change with the director of administrative services and receive confirmation from the director of administrative services that the change is acceptable prior to the change becoming effective.

If exemptions have not been designated by the appointing officer, board, or commission as herein provided within sixty days after taking office, the exemptions previously designated and in effect under this provision shall be considered the exemptions claimed by such appointing authority and will continue to be in effect.

(B) Deputies and assistants. Notices from appointing authorities of the appointment of deputies and assistants in the service of the state who are exempt from the classified service under the provisions of division (A)(9) of section 124.11 of the Revised Code, shall be accompanied by a statement of the provisions of the law under which such deputies and assistants are appointed and a statement of the duties to be assigned to such appointees that shows they are acting for or on behalf of the agency and/or that they are performing duties that demonstrate an administrative and/or fiduciary relation with their agency, as defined below:

(1) Administrative relation -- generally means a relationship where an employee has substantial authority to initiate discretionary action and/or in which the agency, board, or commission must rely on the employee's personal judgment and leadership abilities. It is characterized by a position where the employee is in charge of formulating official policy or is in charge of carrying out that policy. The average employee would not possess such qualities or be delegated such discretionary authority.

(2) Fiduciary relation -- generally means a relationship where the agency, board, or commission reposes a special confidence and trust in the integrity and fidelity of an employee to perform duties which could not be delegated to the average employee with the knowledge of proper procedures. It is characterized by qualities and personal attributes beyond technical competence that cannot be satisfactorily measured by competitive examination.

(C) Requests for exemption from the classified service under division (A)(12) of section 124.11 of the Revised Code for positions in the service of the state, shall be accompanied by a written statement from the appointing authority setting forth the reasons why it is impracticable to include such employees or positions in the competitive classified service.

(D) The term "military appointee" as used in division (A)(6) of section 124.11 of the Revised Code shall apply only to those persons who, after appointment, render service of a military character and are in the military service of the state, having some connection with, and some rank in the organized militia of Ohio.

R.C. 119.032 review dates: 01/15/2014 and 01/15/2019
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.11
Prior Effective Dates: 2/4/96, 2/19/08, 1/2/11, 11/18/12

123:1-5-02 Unskilled labor class.

(A) The unskilled labor class, which is referred to in division (B)(2) of section 124.11 of the Revised Code, shall include any classifications for which there are minimal or no experience or education requirements and which are designated by the director. Registration for these classifications in the service of the state shall be conducted by the director Registration for all other positions in the unskilled labor class shall be conducted by a commission established in accordance with section 124.04 of the Revised Code.

(1) Certified appointments to positions in the unskilled labor class shall be from lists of applicants registered by the director or an authorized commission, as applicable. These lists shall be established by the director or the commission in accordance with the registration process provided in division (B)(2) of section 124.11 of the Revised Code. Certification of eligibles for appointments in the unskilled labor class shall consist of double the number to be employed, from which the appointing officer shall appoint the number actually needed for the particular work.

(2) For purposes of this rule, "register" shall be defined as the process by which all applicants deemed acceptable as meeting the minimum qualifications for a job classification in the unskilled labor class, and/or deemed acceptable as determined by the director or the commission, as applicable, shall be placed on an eligible list, ranked chronologically by the date and time the application was received. All eligible applicants shall be given the minimum score of seventy points, prior to application of credit for military service as provided in section 124.26 of the Revised Code.

(B) Resident unskilled labor positions. Those unskilled labor positions, referred to in division (A)(12) of section 124.11 of the Revised Code, include positions that are filled by residents in the state service institutions. These residents, being employed for pay for part-time or limited service, shall be excluded from the classified civil service and shall be exempt from all civil service examinations. Compensation rates for these positions shall be approved by the director of administrative services.

(C) Subsidized employment positions. Those unskilled labor positions within a subsidized employment program, established pursuant to Chapter 5107. of the Revised Code, shall be excluded from the classified civil service and shall be exempt from all civil service examinations. Compensation for these positions shall be at the same rate as other employees doing similar work for the appointing authority. Pursuant to section 5107.52 of the Revised Code, an appointing authority may hire individuals from a subsidized employment program for an unclassified position or a classified civil service position upon expiration of the subsidy. Any appointment to a position within the classified civil service shall be made in accordance with the requirements of Chapter 124. of the Revised Code.

R.C. 119.032 review dates: 01/15/2014 and 01/15/2019
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.11
Prior Effective Dates: 2/4/96, 5/24/98, 6/19/00, 7/1/07

123:1-5-03 Retaining rights to the classified service upon appointment to the unclassified service.

A certified or permanent employee appointed to an unclassified position pursuant to division (D) of section 124.11 of the Revised Code on or after March 30, 1999, shall be subject to the following:

(A) Upon return to the classified service, an employee shall be placed back into the same classification from which the initial appointment to the unclassified service was made, or similar classification as provided in division (D) of section 124.11 of the Revised Code. The employee's total rate of pay shall be adjusted to reflect the compensation to which the employee would be entitled had he or she remained in the former classified position.

(B) An employee appointed to the unclassified service while serving a probationary period shall serve the remainder of the probationary period of the same or similar classification upon return to the classified service.

(C) Unclassified appointments made pursuant to division (D) of section 124.11 of the Revised Code may be rescinded by the appointing authority at any time. An employee may request placement back into the classified service only in the following circumstances:

(1) The appointing authority demotes the employee to a pay range lower than the employee's current pay range; or

(2) The appointing authority revokes the employee's appointment to the unclassified service.

(D) Time spent in the unclassified service shall not count for the purposes of becoming permanent in the classified service in accordance with rule 123:1-10-01 of the Administrative Code.

R.C. 119.032 review dates: 01/15/2014 and 01/15/2019
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.11
Prior Effective Dates: 2/13/00, 7/1/06, 2/19/08, 11/18/12