Jurisdiction

2. Appeal of Right to State Personnel Board of Review

McCruter v. Ohio Bureau of Employment Services (1980), 64 Ohio St.2d 277. Where a statute confers a right of appeal, the appeal can only be perfected in the manner prescribed by that statute.

Davis v. Ohio Dept. of Highway Safety, State Highway Patrol (Oct. 7, 1993) Lucas Co., No. 93-1781, unreported. The state personnel board of review has jurisdiction to hear the appeal of a Highway Patrol Cadet Candidate where the employee's position is listed by the department of administrative services as a classified position. View Common Pleas Decision | View SPBR Order

In re Hamilton County Welfare Dept. (July 13, 1979), Franklin Co., No. 79-CV-02-796, unreported. The state personnel board has jurisdiction over appeals from employees who were displaced following civil service examinations; employees, who were already certified, were required to be recertified.

Freeman v. Ohio State University (Mar. 7, 1990), PBR 89-REM-07-0366. The state personnel board of review may hear appeals from bargaining unit employees even when they are ordinarly exempted from the board's jurisdiction, since an appeal under R.C. 124.341(D) is the "sole and exclusive remedy, notwithstanding any other provision of law." View SPBR Order

Boomer v. Lakewood Civil Service Commission (July 21, 1986), PBR 85-INV-07-0955. R.C. 4117.10(A) does not preclude the state personnel board of review from the investigation of a municipal civil service commission pursuant to R.C. 124.56. View SPBR Order

    A. General Health Districts

1994 Op. Att'y Gen. No. 095. A county may, by charter amendment, place the general health district under the legislative control of either the county executive or the legislative authority of the county, provided that the county charter provides for the performance of all power and duties required to be performed by the general health district; a county may not place a county board of MR/DD, a county children services board, a veterans service commission, or a county alcohol, drug addiction and mental health services board under the legislative control of either the county executive or the legislative authority of a charter county. View Attorney General Opinion

1994 Op. Att'y Gen. No. 096. A committee established by the board of health of a general health district for the purpose of advising the board on matters pertaining to the administration of a state or federal grant program is a public body subject to the requirements of R.C. 121.22, the open meetings law; but, when a committee is established solely pursuant to the executive authority of the administrator of the general health district, and the establishment is not required or authorized by the terms of the grant or any action of the general health district board, such a committee is not a public body for purpose of R.C. 121.11(B)(1), and is not subject to the requirements of the open meetings law. View SPBR Order

    B. Regional Sewer Districts

Dehner v. Northeast Ohio Regional Sewer District (May 12, 1983), Cuyahoga App. No. 45598, unreported. A regional sewer district is not a governmental entity for which civil service procedures are mandated by the Ohio Constitution or general civil service statutes; however, R.C. 6119.37 extends civil service protection to certain employees of any regional water and sewer district and to all employees of certain regional sewer districts. View Court of Appeals Decision

Dehner v. Northeast Ohio Regional Sewer District (May 12, 1983), Cuyahoga App. No. 45598, unreported. R.C. 6119.37(A) continues state civil service, for purposes of removal or reductions in pay or position, for any employee of a political subdivision covered by the classified civil service who becomes a sewer district employee when that employee's facility is transferred to the sewer district; typically, that provision applies to an employee of a county or non-chartered city whose employment transfers to the sewer district with the facility employing him. View Court of Appeals Decision

Dehner v. Northeast Ohio Regional Sewer District (May 12, 1983), Cuyahoga App. No. 45598, unreported. R.C. 6119.37(B) extends state civil service protection, for purposes of appointment, promotion, transfer, layoff, reduction in pay or position, suspension, removal, and political activity, to sewer district employees who were formerly employed by a chartered city with civil service requirements "similar to those granted" by the state civil service laws, and who lost their prior position because the regional sewer district assumed their facility's activities. View Court of Appeals Decision

Dehner v. Northeast Ohio Regional Sewer District (May 12, 1983), Cuyahoga App. No. 45598, unreported. R.C. 6119.37(C) extends state civil service protection for all purposes described in R.C. 6119.37(B) to every employee of any sewer district after that district employs any persons described in R.C. 6119.37(B); R.C. 6119.37(B) applies to persons who were hired prior to the effective date of the provision. View Court of Appeals Decision