Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-5 - Classified and Unclassified Service Classification › Section 123:1-5-01 - Unclassified service

Current through all regulations passed and filed through July 1, 2024
(A)
			 Designation of exemptions. Within sixty days after taking office, each elective
			 officer and each principal appointive officer, board, commission, or body
			 having the power of appointment to, or removal from, positions in the service
			 of the state in any office, department, commission, board, or institution, shall designate to the director the
			 positions for which exemption from the competitive classified service is
			 claimed under the provisions of division (A)(8) of section
			 124.11 of the Revised Code.
Thereafter, no change in the designation of exemptions claimed
				under this provision will be made during the incumbency of such officer,
				board,  commission, or body unless a reorganization occurs as a
				result of legislative action during the appointing officer's, board's,
									
				commission's, or body's term of office, or the duties of the position have changed to an
				extent that warrants a change in the classification of the position. When a
				change in duties warrants a change in classification under this rule, only the
				classification of the position can be changed, otherwise the actual position's
				unclassified status will remain the
				same. The appointive officer, board, commission, or body
				will
				file a statement of reasons for such proposed change with the director
				 and receive
				confirmation from the director  that the change is acceptable prior to the change becoming
				effective.
If exemptions have not been designated by the appointing
				officer, board,  commission, or body as herein provided within sixty days after
				taking office, the exemptions previously designated and in effect under this
				provision are considered the exemptions claimed by such
				appointing authority and will continue to be in effect.
(B) Deputies and assistants. Notices from
			 appointing authorities of the appointment of deputies and assistants in the
			 service of the state who are exempt from the classified service under the
			 provisions of division (A)(9) of section
			 124.11 of the Revised
			 Codewill be accompanied by a statement of the provisions
			 of the law under which such deputies and assistants are appointed and a
			 statement of the duties to be assigned to such appointees that shows they are
			 acting for or on behalf of the agency and/or that they are performing duties
			 that demonstrate an administrative and/or fiduciary relation with their agency,
			 as defined below:
(1) Administrative relation
			 -- generally means a relationship where an employee has substantial authority
			 to initiate discretionary action and/or in which the agency, board, or
			 commission must rely on the employee's personal judgment and leadership
			 abilities. It is characterized by a position where the employee is in charge of
			 formulating official policy or is in charge of carrying out that policy. The
			 average employee would not possess such qualities or be delegated such
			 discretionary authority.
(2)
			 Fiduciary relation -- generally means a relationship where the agency, board,
			 or commission reposes a special confidence and trust in the integrity and
			 fidelity of an employee to perform duties that could not
			 be delegated to the average employee with the knowledge of proper procedures.
			 It is characterized by qualities and personal attributes beyond technical
			 competence that cannot be satisfactorily measured by competitive
			 examination.