2006 Ohio Revised Code - 5126.22. Management, professional, and service employees.

§ 5126.22. Management, professional, and service employees.
 

(A)  Employees who hold the following positions in a county board of mental retardation and developmental disabilities are management employees: 
 

assistant superintendent 
 

director of business 
 

director of personnel 
 

adult services director 
 

workshop director 
 

habilitation manager 
 

director of residential services 
 

principal (director of children services) 
 

program or service supervisor 
 

plant manager 
 

production manager 
 

service and support administration supervisor 
 

investigative agent 
 

confidential employees as defined in section 4117.01 of the Revised Code 
 

positions designated by the director of mental retardation and developmental disabilities as having managerial or supervisory responsibilities and duties 
 

positions designated by the county board in accordance with division (D) of this section. 

(B)  Employees who hold the following positions in a board are professional employees: 
 

personnel certified pursuant to Chapter 3319. of the Revised Code 
 

early intervention specialist 
 

physical development specialist 
 

habilitation specialist 
 

work adjustment specialist 
 

placement specialist 
 

vocational evaluator 
 

psychologist 
 

occupational therapist 
 

speech and language pathologist 
 

recreation specialist 
 

behavior management specialist 
 

physical therapist 
 

supportive home services specialist 
 

licensed practical nurse or registered nurse 
 

rehabilitation counselor 
 

doctor of medicine and surgery or of osteopathic medicine and surgery 
 

dentist 
 

service and support administrator 
 

conditional status service and support administrator 
 

social worker 
 

any position that is not a management position and for which the standards for certification established by the director of mental retardation and developmental disabilities under section 5126.25 of the Revised Code require a bachelor's or higher degree 
 

professional positions designated by the director 
 

professional positions designated by the county board in accordance with division (D) of this section. 

(C)  Employees who hold positions in a board that are neither management positions nor professional positions are service employees. Service employee positions include: 
 

workshop specialist 
 

workshop specialist assistant 
 

contract procurement specialist 
 

community employment specialist 
 

any assistant to a professional employee certified to provide, or supervise the provision of, adult services or service and support administration 
 

service positions designated by the director 
 

service positions designated by a county board in accordance with division (D) of this section. 

(D)  A county board may designate a position only if the position does not include directly providing, or supervising employees who directly provide, service or instruction to individuals with mental retardation or developmental disabilities. 

(E)  If a county board desires to have a position established that is not specifically listed in this section that includes directly providing, or supervising employees who directly provide, services or instruction to individuals with mental retardation or developmental disabilities, the board shall submit to the director a written description of the position and request that the director designate the position as a management, professional, or service position under this section. The director shall consider each request submitted under this division and respond within thirty days. If the director approves the request, the director shall designate the position as a management, professional, or service position. 

(F)  A county board shall not terminate its employment of any management, professional, or service employee solely because a position is added to or eliminated from those positions listed in this section or because a position is designated or no longer designated by the director or a county board. 
 

HISTORY: 142 v S 155 (Eff 6-24-88); 143 v H 697 (Eff 7-17-90); 144 v H 387 (Eff 5-4-92); 149 v H 94. Eff 6-6-2001.
 

The effective date is set by section 206 of HB 94.