Compensation
1. General
State, ex rel. Weiss v. Industrial Commission of Ohio (1992), 65 Ohio St.3d 470; cert denied 66 Ohio St.3d 1414. Before a writ of mandamus will issue to compel a classified employee's reinstatement or back pay, there must first be a final determination made in an appeal from the board, a local civil service commission, or other quasi-judicial authority that the employee was "wrongfully excluded from employment"; mandamus is not an alternative to a state personnel board of review appeal. View Court of Appeals Decision | View SPBR Order
State, ex rel. McArthur v. DeSouza (1992), 65 Ohio St.3d 25. As used in R.C. 124.31, the term "years of service" includes all service earned within various departments of a municipality, as well as service earned with other political subdivisions.
State, ex rel. Belknap v. Lavelle (1985), 18 Ohio St.3d 180. Where an appointing authority is not required to provide health insurance to its employees and has the option to pay only a portion of the premium if it chooses to provide such insurance, a county employee's loss of fully paid hospitalization coverage does not constitute a reduction in pay.
Harris v. Lewis (1982), 69 Ohio St.2d 577. A classified employee's pay may not be reduced for any reason other than those listed in R.C. 124.34; only disciplinary reductions can be appealed to the courts, and such appeal must be brought in the county of the employee's residence.
Painter v. Graley (1992), 84 Ohio App.3d 65; cert denied 70 Ohio St.3d 377. City of Cleveland may prohibit its unclassified civil service employees from seeking elective office; Ohio municipalities such as the city of Cleveland have general home-rule authority to regulate the appointment, removal, qualifications, compensation and duties of its offices and employees.
Green Local Teachers Association v. Blevins (1987), 43 Ohio App.3d 71. Where teachers are mistakenly overpaid, the overpayments may be recovered from the teachers' biweekly paychecks through unilateral deductions consistent with Ohio statutory law and the due process clauses of the federal and state constitutions.
Fehr v. Murdock (1987), 41 Ohio App.3d 95. Unless prohibited by statute or agreement, when municipal employees are transferred to county employment, the county employer may compute step-pay increases based on the employees' uniform starting date in county employment, rather than their earlier starting dates in municipal employment.
Ebright v. Whitehall (1982), 8 Ohio App.3d 29. When a municipality requires its police officers to report to roll call fifteen minutes prior to the beginning of a shift and they are ready for duty and subject to inspection and are given instructions, information and assignments and are subject to disciplinary action for failure to attend, they are entitled to a wage rate of one and one-half times their wage rate for the time worked for roll call, which was in excess of forty hours in one week and eight hours in one day.
Stotts v. Ohio Dept. of Transportation (1987), 31 Ohio Misc.2d 7. A classified state employee illegally transferred from one county to another is entitled to be compensated for the time consumed in that travel and to be given a mileage allowance.
MacKnight v. Lake County Dept. of Human Services (Oct. 31), 1995), Franklin App. No. 95APE02-188, unreported, 1995 WL 645258. The state personnel board of review lacks jurisdiction to set appellant's salary when appellant displaces into a bargaining unit position subsequent to the abolishment of her position in the exempt classified service. View Court of Appeals Decision | View Common Pleas Decision | View SPBR Order
State, ex rel. Reed v. Montgomery County Board of MR/DD (Jan. 31, 1991), Montgomery App. No. 12122, unreported, 1991 WL 10952. An appointing authority may not establish different pay scales based upon different duties of persons within the same classification; the words "like positions," contained in R.C. 5126.051(D) mean those positions within each classification.
Lake County Department of Human Services v. MacKnight (Jan. 12, 1995), Franklin Co., No. 94CVF02-820, unreported. Where appellant bumps into a position covered under a collective bargaining agreement, the issue of salary determination is exclusively in the province of the collective bargaining process and the state personnel board of review has no authority to assign a pay rate. View Court of Appeals Decision | View Common Pleas Decision | View SPBR Order
Rezkalla v. Ohio Dept. of Development (Sept. 1, 1992), PBR 91-REM-10-0653; aff'd (Oct. 5, 1992), Full Board. A position designated within the 99000 Series Class is exempted from the pay ranges and rates of pay governed by R.C. 124.15 and 124.52, is exempted from the State's class plan pursuant to R.C. 124.14(B), and is exempted from the classified civil service pursuant to R.C. 124.01. View SPBR Order
Sorin v. Ohio Dept. of Administrative Services (Sept. 12, 1991), PBR 91-REC-03-0182; aff'd (Oct. 30, 1991), Full Board. When an appointing authority desires to assign an employee additional job duties that would normally be performed by an employee occupying a position with a higher classification, the appointing authority should assign that employee to a temporary working level, commensurately compensate the employee and, if the temporary vacancy in the position is anticipated to continue, implement proper procedures to fill the position, including posting the vacancy. View SPBR Order
Vance v. Ohio Dept. of Administrative Services (Jan. 2, 1991), PBR 90-REC-05-0683; aff'd (Mar. 11, 1991), Full Board. Where an employee's position is more properly described by a classification in a lower pay range than the classification he or she currently holds, placement in a holding classification to avoid a diminution in compensation is appropriate. View SPBR Order
LaPresta v. Mahoning County Sheriff (June 6, 1985), PBR 85-REM-01-0091. Where no contract exists between a township board of trustees and a county sheriff for the provision of police services, the trustees compensate the subject employee, the employee's services are rendered to the township and hiring, discipline and supervision are duties shared by the trustees and the sheriff, the employee is employed by the board of trustees, regardless of the fact that he wears the uniform of the county sheriff and operates a cruiser bearing the sheriff's logo. View SPBR Order
1986 Op. Att'y Gen. No. 099. Pursuant to R.C. 124.14(F), a board of county commissioners may grant the salary or wage supplement provided for therein to individual employees of a county human services department or to all employes serving in a particular classification if, in the exercise of its discretion, the board determines that such payment is reasonable, and the board's determination is not an abuse of discretion; such payment must also comport with the equal protection requirements of the United States and Ohio constitutions. View Attorney General Opinion
1986 Op. Att'y Gen. No. 099. Pursuant to R.C. 124.14(F), a board of county commissioners may compute the salary or wage supplement provided for therein on the basis of an employee's base rate of pay under R.C. 124.15 or on the basis of the base rate of pay under R.C. 124.15 plus any supplements to which an employee may be entitled under R.C. 124.181 if, in the exercise of its discretion, the board determines that such methods of computation are reasonable, and the board's determination is not an abuse of discretion. View Attorney General Opinion
1976 Op. Att