2011 Ohio Revised Code
Title [1] I STATE GOVERNMENT
Chapter 124: DEPARTMENT OF ADMINISTRATIVE SERVICES - PERSONNEL
124.325 [First of two versions] Retention points for continuous service and efficiency.

(A) Retention points to reflect the length of continuous service and efficiency in service for all employees affected by a layoff shall be verified by the director of administrative services for positions in the service of the state.

(B) An employee’s length of continuous service will be carried from one layoff jurisdiction to another so long as no break in service occurs between transfers or appointments.

(C) If two or more employees have an identical number of retention points, employees having the shortest period of continuous service shall be laid off first.

(D)(1) As used in this division, “affected employee” means a city employee who becomes a county employee, or a county employee who becomes a city employee, as the result of any of the following:

(a) The merger of a city and a county office;

(b) The merger of city and county functions or duties;

(c) The transfer of functions or duties between a city and county.

(2) For purposes of this section, the new employer of any affected employee shall treat the employee’s prior service with a former employer as if it had been served with the new employer.

(E) The director of administrative services shall adopt rules in accordance with Chapter 119. of the Revised Code to establish a system for the assignment of retention points for each employee in the service of the state in a classification affected by a layoff and for determining, in those instances where employees in the service of the state have identical retention points, which employee shall be laid off first.

Amended by 128th General Assembly File No. 9, HB 1, § 101.01.

Effective Date: 12-29-1983; 07-01-2007

This section is set out twice. See also § 124.325, as amended by 129th General Assembly File No. 10, SB 5, § 1, subject to referendum.

124.325 [Second of two versions] Retention points for length of service and efficiency

(A) An appointing authority shall calculate an employee’s retention points based upon length of service, efficiency of service, and other similar factors the director of administrative services, in the rules the director adopts for state or county employees under section 124.322 of the Revised Code, or the appointing authority, as applicable, determines is appropriate. Retention points for all employees affected by a layoff shall be verified by the director of administrative services for positions in the service of the state.

(B) An employee’s length of continuous service will be carried from one layoff jurisdiction to another so long as no break in service occurs between transfers or appointments.

(C) (1) Except as otherwise provided in division (C)(2) of this section, an appointing authority shall adopt rules to determine which employee the appointing authority shall lay off first if two or more employees have an identical number of retention points.

(2) The director shall adopt rules in accordance with Chapter 119. of the Revised Code to establish a system for the assignment of retention points for each employee in the service of the state in a classification affected by a layoff and for determining, in those instances where employees in the service of the state have identical retention points, which employee shall be laid off first. The rules shall permit an appointing authority to consider the number of management and nonmanagement employees when determining which employees to lay off.

(D)(1) As used in this division, “affected employee” means a city employee who becomes a county employee, or a county employee who becomes a city employee, as the result of any of the following:

(a) The merger of a city and a county office;

(b) The merger of city and county functions or duties;

(c) The transfer of functions or duties between a city and county.

(2) For purposes of this section, the new employer of any affected employee shall treat the employee’s prior service with a former employer as if it had been served with the new employer.

Amended by 129th General Assembly File No. 10, SB 5, § 1. This amendment is subject to referendum in the Nov. 8, 2011 election.

Amended by 128th General Assembly File No. 9, HB 1, § 101.01, eff. 10/16/2009.

Effective Date: 12-29-1983; 07-01-2007

The amendment to this section by 129th General Assembly File No. 10, SB 5, § 1 has been made subject to referendum in the upcoming November, 2011 election.

This section is set out twice.