Chapter 5120-7 Personnel

5120-7-01 Appointing authorities.

(A) Appointing authorities within the department of rehabilitation and correction shall have authority to appoint, select, promote, transfer, reinstate, reduce, discipline and remove employees of the department pursuant to section 5120.01 of the Revised Code, and in accordance with this rule. The appointing authorities within the department of rehabilitation and correction shall be as follows:

(1) The director. The director shall appoint all deputy directors, division chiefs, chief of the division of parole and community services, managing officers, deputy wardens, executive staff, and any employee with a fiduciary relationship to the director. These employees shall serve in the unclassified civil service at the pleasure of the director.

(2) The deputy director of each central office division or bureau. The deputy director of each central office division or bureau shall select, appoint, discipline and remove employees within their division or bureau with the director's approval.

(3) The managing officer of each institution, for that institution.

(4) The deputy director of the division of parole and community services, for that division, including the adult parole authority.

(5) The managing officer of the corrections training academy for all probationary employees while attending the academy for pre-service training. For the purposes of this rule, the corrections training academy shall be considered an institution under the control of the department.

(6) In an appointing authority's absence, an appointing authority may appoint an acting appointing authority who shall have the same authority to act within this rule.

(B) The appointing authority may discipline employees in the classified and unclassified service pursuant to section 124.34 of the Revised Code and any applicable collective bargaining agreement for any department code of conduct violation, for criminal behavior, and for violation of any policy of the department of rehabilitation and correction or department of administrative services.

Effective: 04/01/2009
R.C. 119.032 review dates: 01/12/2009 and 01/12/2014
Promulgated Under: 111.15
Statutory Authority: 5120.01
Rule Amplifies: 5120.38 , 5120.39 , 5149.09 , 124.11 , 124.34
Prior Effective Dates: 7/18/1983, 11/13/1976, 8/1/2002

5120-7-10 Selection of employees when an eligibility list or promotional examination is not available.

(A) Purpose: The purpose of this administrative regulation is to set forth the selection procedure when an eligibility list or promotional examination is not available for departmental positions above pay range 05, schedule A, as set forth in section 124.15(A) of the Revised Code, and above pay range 26, schedule B, as set forth in section 124.15(A) of the Revised Code.

(B) Policy: Positions within the department of rehabilitation and correction shall be filled on the basis of merit. Whenever consistent with law and when abilities are equal, applicants already employed by this department shall be given consideration for a promotion or career development transfer before hiring of a non-employee of this department.

(C) Procedure:

(1) The procedure for filling positions posted on and after the effective date of this administrative regulation for which an eligibility list or promotional examination is not available is set forth in this regulation.

(2) Each appointing authority may recommend to the director of the department of rehabilitation and correction, or designee, the filling of an authorized position when required for the efficient and effective operation of the organization.

(a) The director, or designee, may disapprove any request made by an appointing authority to fill a vacancy.

(b) If the director, or designee, approves the recommendation, the personnel officer, with the authorization of the appointing authority, shall notify central office bureau of personnel of the position, as established by the state department of administrative services.

(i) When the recommendation for filling the vacant position is sent to central office bureau of personnel, the job-related criteria on which final selection will be made shall be prepared and filed in the merit selection case file, according to paragraph (ii) below.

(ii) The personnel officer at the institution or agency concerned shall prepare a merit selection case file for each vacancy to be filled. The file shall be identified by position title, position control number, and the date of posting. The merit selection case file shall contain all documents pertaining to the posting and selection of an applicant. The file shall be maintained in the institution or agency personnel office for a period of one year from the date of selection. Thereafter, it shall be sent to the central office bureau of personnel.

(3) All job opportunities in approved positions in the classified service, above pay range 05, schedule A, as defined by section 124.15(A) of the Revised Code and above pay range 26, schedule B, as defined by section 124.15(A) of the Revised Code, shall be posted for seven calendar days in a convenient and conspicuous place in every institution or agency location of the department of rehabilitation and correction. All other job opportunities in approved positions in the classified service shall be posted as above in the institution or agency concerned, except when the director, or designee, in his discretion determines that such posting shall be made throughout the department.

(4) Each applicant for a vacancy shall submit a state application (ADM-4200) to the personnel officer designated on the posting. State application forms (ADM-4200) are available from the personnel officer at each institution or agency location. The state application form must be submitted by the final closing date of the position posting. State applications mailed by the applicant must be postmarked no later than the final closing date of the position posting.

(a) An applicant may also submit other pertinent information which indicates ability to perform the duties of the position. These may include, but are not limited to:

(i) A resume;

(ii) A personal statement;

(iii) Letters of reference from employers;

(iv) Training records.

(b) All applicants who fail to meet the minimum qualifications for the position shall be so notified in writing and shall not be considered.

(c) Positions may be filled the day following the closing date specified on the posting notice.

(5) The appointing authority, or designee, shall screen and evaluate the information made available by each applicant in relationship to the job-related criteria of the position in the following manner:

(a) A maximum of six points may be given for direct job-related experience, training, or abilities relating to the duties of the position;

(b) A maximum of three points may be given for experience, training, or abilities which are indirectly related to the duties of the position.

(c) All points given for criteria in paragraphs (a) and (b) shall be in whole numbers which shall be totaled.

(6) The appointing authority, or designee, shall select the three highest evaluated applicants as determined by paragraph (5) above and those applicants shall be given primary consideration for the vacant position. Tie scores shall qualify additional applicants.

(7) The names of the primary applicants selected pursuant to paragraph (6) and all appropriate information concerning the applicants shall be sent to the appointing authority. Oral job interviews shall not be conducted, except pursuant to paragraph (7)(a) below; however, if interviews are conducted, each primary applicant shall be given the opportunity for an interview.

(a) Oral interviews shall be conducted at the discretion of the appointing authority or designee. The appointing authority or designee shall authorize interviews in writing and said authorization shall be made a part of the merit selection case file.

(b) Each applicant interviewed pursuant to this section shall be asked only job-related questions relating to the duties of the posted position.

(c) The answers of each primary applicant shall be summarized and retained in the merit selection case file.

(8) The appointing authority may take any of the following actions:

(a) Evaluate the submitted information of each primary applicant in relation to the established job-related selection criteria in the merit selection case file and make a final selection.

(b) Make a final selection on the basis of all information made available by the applicant and the applicant's responses to the job-related questions as summarized in the oral interview.

(c) Reject all primary applicants on the basis of the failure to meet established job-related criteria.

(d) Any applicant not selected pursuant to paragraphs (6) to (8) shall be notified in writing of non-selection.

(9) If all primary applicants are rejected, the appointing authority shall request a list of all other qualified applicants. The procedure in paragraphs (7) and (8) shall be followed in the selection process. If the appointing authority did not conduct oral interviews with the primary applicants before rejecting their applications, oral interviews shall not be used in the selection of any other applicants for that position unless all rejected applicants are given the opportunity for an oral interview.

(10) If all applicants are rejected, the appointing authority may:

(a) Request that the position be reposted;

(b) Leave the position vacant.

(11) Merit selection case files are subject to administrative review at the discretion of the director of the department of rehabilitation and correction or his designee.

(12) The selected applicant shall be processed for appointment or promotion on the Personnel Action Form, along with a completed state Application Form (ADM-4200) and any other required documentation, through the central office bureau of personnel to the department of administrative services. No selection is final until approved by the state director of administrative services.

(13) After final approval of selection has been granted by the director of administrative services all qualified applicants for the position shall be notified in writing that the position has been filled and it will be necessary for them to submit another state Application Form for any future posted position.

(14) All oral interviews shall be at the travel expense of the applicant and will not be reimbursed by the department of rehabilitation and correction.

(15) No employee of this department who is provided an opportunity by an appointing authority to attend an oral interview during the employee's normal working hours shall incur any loss in total hourly rate of pay while attending the interview.

(former 5120-7-10); Eff 8-28-77
Rule promulgated under: RC 111.15
Rule authorized by: RC 124.31 , 124.15(A) , 5120.01 , Chapter 5120., Chapter 5149.
119.032 REVIEW DATE: 5-12-99