Ohio Admin. Code 124-1-02 - Definitions
(A) The definitions
set forth in section 124.01 of Revised Code are
incorporated in these rules by reference.
(B) "Abolishment" means the permanent
deletion of a position from the organization or structure of an appointing
authority due to lack of continued need for the position, due to reorganization
for efficient operation, economy, or lack of work.
(C) "Administrative relationship" generally
means a relationship where an employee has substantial authority to initiate
discretionary action and/or in which the appointing authority must rely on the
employee's personal judgment and leadership abilities. The average employee
would not possess such qualities or be delegated such discretionary authority.
Whether one position occupies an administrative relationship to another is a
question of fact to be determined by the board.
(D) "Agency" means any unit of government,
including a board or commission, headed by an officer or group having the power
to appoint employees.
(E)
"Appointment" means placement of an employee in a position.
(F) "Board" or "state personnel board of
review" means either the members of the state personnel board of review or
the agency including its administrative law judges
and other employees
its
agents .
(G) "Classification"
means any of the following:
(1) A group of
positions of sufficiently similar duties that the same title and specification
may be assigned to each.
(2) The
title assigned to a position or the employee appointed to fill a
position.
(3) The act of assigning
a classification title to a position based upon the duties performed in that
position.
(H)
"Displacement" means for the purposes of layoffs and job abolishments the
process by which an employee with more retention points exercises his or her
right to take the position of another employee with fewer retention points
pursuant to the provisions of Chapter 123:1-41 of the Administrative
Code.
(I) "Fiduciary relationship"
generally means a relationship where the appointing authority reposes a special
confidence and trust in the integrity and fidelity of an employee to perform
duties which could not be delegated to the average employee with knowledge of
the proper procedures. These qualifications are over and above the technical
competency requirements to perform the duties of the position. Whether one
position occupies a fiduciary relationship to another is a question of fact to
be determined by the board.
(J)
"Filed" means received, in writing, and time stamped in the offices of the board
or received by electronic transmission of information
to the designated email address of the board or the board's fax
equipment .
(K) "Layoff" means
a suspension of employment, expected to last less than twelve months, due to
either a lack of work or a lack of funds.
(L) "Non-competitive examination" means any
written device by which a prospective employee's qualifications to hold a
position may be determined (e.g., an application form).
(M) "Notice" means the date of receipt by the
employee, in writing, of the action. If the employee did not receive a written
notification, then "notice" means the date of the actual implementation of the
action.
(N) "Order of involuntary
disability separation" means an order issued by an appointing authority
involuntarily separating an employee from employment in his or her position
when the appointing authority has determined that said employee is unable to
perform the essential job duties of his or her position due to a disabling
illness, injury or condition.
(O)
"Parenthetical subtitle" means a group of positions logically falling within a
general classification but distinguished from other positions within that
classification by the performance of specific duties requiring specialized
skill, knowledge or training.
(P)
"Party" means an individual or agency who participates in and is directly
affected by an action brought before the state personnel board of review. As
used in these rules, "party" is not limited to the definition in Chapter 119.
of the Revised Code.
(Q) "Pay"
means either:
the
annual, non-overtime compensation due an employee including, when applicable,
the cost of the appointing authority's insurance or other contributions,
longevity pay, supplemental pay and hazard pay.
(1) The annual, non-overtime
compensation due an employee including, when applicable, the cost of the
appointing authority's insurance or other contributions, longevity pay,
supplemental pay and hazard pay, divided by the product of the number of
regularly scheduled hours in a workweek times fifty-two; or
(2) The annual compensation assigned
to a position including, when applicable, the cost of the appointing
authority's insurance, or other contributions, longevity pay, supplemental pay
and hazard pay.
(R) "Pay range" means the salary schedule and
level assigned to a position.
(S)
"Position" means a group of duties intended to be performed by an
employee.
(T) "Position
description" means a written summary of the duties which comprise a
position.
(U) "Progressive
discipline" generally means the act of disciplining an employee in graduated
increments and progressing through a logical sequence, such as a written
reprimand for a first offense, a short suspension for the second offense, and a
longer suspension or removal for the third offense. The severity of the offense
may negate the use of progressive discipline.
(V) "Promotion" means the appointment of an
employee to a different position assigned a higher pay range than the
employee's previous position.
(W)
"Reassignment" means the assignment of an employee to a different
classification.
(X)
"Reclassification" means the assignment of a different classification to a
position.
(Y) "Reduction in pay"
means an action which diminishes an employee's pay. When the conditions
entitling an employee to supplemental pay end, the ending of supplemental pay
shall not be considered a reduction, nor shall a change
in the cost of an appointing authority's insurance or other contributions be
considered a reduction .
(Z)
"Reduction in position" means an action which diminishes an employee's duties
or responsi-bilities
responsibilities to the extent an audit of the
employee's position would result in a reclassification to a classification
assigned a lower pay range.
(AA)
"Removal" means the termination of an employee's employment.
(BB) "Representative" means any person who is
either admitted to the practice of law in
Ohio or a person who is not admitted to the practice
of law in Ohio and who does not receive any compensation from the party for
such representation
who has received prior
approval from the board to represent a party .
(CC) "Section
124.34 order" means an order
required by section 124.34 of the Revised
Code.
(DD) "Specification" means a
synopsis of the duties and qualifications of an employee assigned to a
classification.
(EE) "Suspension"
means the interruption of an employee's employment and compensation for a fixed
period of time.
(FF) "Transfer"
means the movement of an employee between different offices or positions as set
forth in sections 124.32 and
124.33 of the Revised Code. A
change in job location within the same classification, the same appointing
authority and the same county is not appealable.
Notes
Promulgated Under: 119.03
Statutory Authority: 124.03
Rule Amplifies: 119.09, 124.03, 124.14, 124.328, 124.33, 124.34, 124.341, 124.40, 124.56, 4167.13
Prior Effective Dates: 2/14/86, 3/1/93
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