2006 Ohio Revised Code - 124.27. Certification of candidates; appointments; probationary period.

§ 124.27. Certification of candidates; appointments; probationary period.
 

(A)  The head of a department, office, or institution, in which a position in the classified service is to be filled, shall notify the director of administrative services of the fact, and the director shall, except as otherwise provided in this section and sections 124.30 and 124.31 of the Revised Code, certify to the appointing authority the names and addresses of the ten candidates standing highest on the eligible list for the class or grade to which the position belongs; provided that the director may certify less than ten names if ten names are not available. When less than ten names are certified to an appointing authority, appointment from that list shall not be mandatory. When a position in the classified service in the department of mental health or the department of mental retardation and developmental disabilities is to be filled, the director of administrative services shall make such certification to the appointing authority within seven working days of the date the eligible list is requested. 

(B)  The appointing authority shall notify the director of such position to be filled, and the appointing authority shall fill such position by appointment of one of the ten persons certified by the director. If more than one position is to be filled, the director of administrative services may certify a group of names from the eligible list and the appointing authority shall appoint in the following manner: Beginning at the top of the list, each time a selection is made it must be from one of the first ten candidates remaining on the list who is willing to accept consideration for the position. If an eligible list becomes exhausted, and until a new list can be created, or when no eligible list for such position exists, names may be certified from eligible lists most appropriate for the group or class in which the position to be filled is classified. A person certified from an eligible list more than three times to the same appointing authority for the same or similar positions, may be omitted from future certification to such appointing authority, provided that certification for a temporary appointment shall not be counted as one of such certifications. Every soldier, sailor, marine, coast guarder, member of the auxiliary corps as established by congress, member of the army nurse corps, or navy nurse corps, or red cross nurse who has served in the army, navy, or hospital service of the United States, and such other military service as is designated by congress in the war with Spain, including the Philippine insurrection and the Chinese relief expedition, or from April 21, 1898, to July 4, 1902, World War I, World War II, or during the period beginning May 1, 1949, and lasting so long as the armed forces of the United States are engaged in armed conflict or occupation duty, or the selective service or similar conscriptive acts are in effect in the United States, whichever is the later date, who has been honorably discharged or separated under honorable conditions therefrom, who is a resident of this state, and whose name is on the eligible list for a position, shall be entitled to preference in original appointments to any such competitive position in the civil service of the state and the civil divisions thereof, over all persons eligible for such appointments and standing on the list therefor, with a rating equal to that of each such person. Appointments to all positions in the classified service, that are not filled by promotion, transfer, or reduction, as provided in sections 124.01 to 124.64 of the Revised Code and the rules of the director prescribed under those sections, shall be made only from those persons whose names are certified to the appointing authority, and no employment, except as provided in those sections, shall be otherwise given in the classified service of this state or any political subdivision of this state. 

(C)  All original and promotional appointments, including provisional appointments made pursuant to section 124.30 of the Revised Code, shall be for a probationary period, not less than sixty days nor more than one year, to be fixed by the rules of the director, except as provided in section 124.231 [124.23.1] of the Revised Code, or except original appointments to a police department as a police officer, or to a fire department as a firefighter which shall be for a probationary period of one year, and no appointment or promotion is final until the appointee has satisfactorily served the probationary period. Service as a provisional employee in the same or similar class shall be included in the probationary period. If the service of the probationary employee is unsatisfactory, the employee may be removed or reduced at any time during the probationary period. If the appointing authority's decision is to remove the appointee, the appointing authority's communication to the director shall indicate the reason for that decision. A probationary employee duly removed or reduced in position for unsatisfactory service does not have the right to appeal the removal or reduction under section 124.34 of the Revised Code. 
 

HISTORY: GC § 486-13; 103 v 698, § 13; 106 v 400; 111 v 390; 114 v 169; 120 v 130; 124 v 42; Bureau of Code Revision, RC § 143.20, 10-1-53; 127 v 274; 128 v 1049(1061) (Eff 11-2-59); 129 v 1079 (Eff 10-26-61); 129 v 1330 (Eff 10-27-61); 130 v 110 (Eff 9-16-63); 133 v S 297 (Eff 8-18-69); RC § 124.27, 135 v S 174 (Eff 12-4-73); 136 v H 1215 (Eff 8-26-76); 137 v H 921 (Eff 10-12-78); 137 v H 349 (Eff 10-25-78); 138 v H 1 (Eff 5-16-79); 138 v H 204 (Eff 7-30-79); 138 v H 900 (Eff 7-1-80); 138 v H 1237 (Eff 9-30-80); 138 v S 403 (Eff 10-2-80); 138 v H 1017 (Eff 1-15-81); 146 v H 117 (Eff 9-29-95); 146 v S 99 (Eff 10-25-95); 147 v S 144 (Eff 3-30-99); 148 v H 640 (Eff 6-15-2000); 149 v H 513. Eff 3-31-2003.