Chapter 124-7 Layoffs, Reclassifications, and Reassignments; Unclassified Status; Investigations
(A) Job abolishments and layoffs shall be disaffirmed if the action was taken in bad faith. The employee must prove the appointing authority's bad faith by a preponderance of the evidence.
(1) The appointing authority shall demonstrate by a preponderance of the evidence that a job abolishment was undertaken due to a lack of a continuing need for the position based on: a reorganization for the efficient operation of the appointing authority; reasons of economy; or a lack of work expected to last one year or longer; or any combination thereof.
(2) The appointing authority shall demonstrate by a preponderance of the evidence that a layoff was undertaken due to a temporary lack of work or lack of funds expected to last less than one year.
(3) Layoffs and abolishments may only be affirmed if the appointing authority has substantially complied with procedural requirements set forth in section 124.321 of the Revised Code, et seq., and the administrative rules promulgated pursuant to these statutes.
(B) Certification of lack of funds or lack of work is not required for job abolishments.
(D) Layoffs are governed by division (C) of section 124.321 of the Revised Code and any layoff rules which apply to a particular appointing authority. In the absence of superseding rules, the layoff rules promulgated by the director of administrative services shall be followed.
R.C. 119.032 review dates: 01/07/2014 and 01/07/2019
Promulgated Under: 119.03
Statutory Authority: 124.03
Rule Amplifies: 124.03, 124.32, 124.321, 124.322, 124.323, 124.324, 124.325, 124.326, 124.328
Prior Effective Dates: 7/1/79, 2/14/86, 3/1/93
(A) An employee shall not be reduced by reassignment. An employee is reduced if reassigned to a classification assigned a lower pay range.
(B) The decision of the director of administrative services or the director's authorized designee, to reclassify a position or to retain a current classification, may be appealed by either the appointing authority of the affected employee or by the employee.
(C) An employee returning to his or her regular position from a temporary work level has not been reassigned, reduced, or reclassified.
(A) The parties in appeals of reclassifications are the employee in the position to be reclassified, the employee's appointing authority, and the authority which conducted the position audit.
(B) The board shall conduct a fact-finding hearing to determine the duties performed by the employee in the audited position. The witnesses shall be limited to the audited employee, his immediate supervisor, and the designee of the authority who conducted the position audit, unless the board determines that there is substantial disparity in their testimony or other reason to believe their testimony is inaccurate. Examination of the witnesses shall be conducted by the board, subject to further limited examination by the parties.
(D) The board shall compare the duties performed by the audited employee to the appropriate specifications and determine which classification most appropriately describes the duties performed by the employee.
(E) Evidence of disparity in the classification of co-workers is not admissible.
When an employee has been adversely affected as an unclassified employee, the burden of proving the unclassified status of the employee is on the appointing authority. The board will take evidence of the employee's duties over a reasonable period of time, which is generally defined as at least two calendar years immediately prior to the adverse action, provided that the employee was in an active work status during that time period.
(A) Investigations shall be conducted by an exchange of correspondence between the board and the parties. Unless a party can show good cause for its failure to respond, decisions will be based on the information received within the response time allowed. In the board's discretion, investigations may be set for hearing.
(B) Prior to recommending removal of persons pursuant to section 124.40 or 124.56 of the Revised Code, the board may, as an alternative to removal, order the correction of a violation of Chapter 124. of the Revised Code, or of the rules of the Administrative Code.