Powers & Duties of Appointing Authorities

10. Transfer

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.

Blinn v. Ohio Bureau of Employment Services (1985), 29 Ohio App.3d 77. The existence of bad faith in the transfer and promotion of civil service employees does not depend upon a finding that the employer acted with a political or personal animus, or failed to comply with procedural requirements; where the intent and consequence of the employer's method is to subvert the civil service system to allow the selection of handpicked employees to fill jobs that should have been available to workers based on seniority and retention points, bad faith has been shown.

Civil Service Personnel Association v. City of Akron (1984), 20 Ohio App.3d 282. The provision of R.C. 124.38, providing that an employee who transfers from one public agency to another shall be credited with the unused balance of his accumulated sick leave up to the maximum of the sick leave accumulation permitted in the public agency to which the employee transfers, concerns a matter of fiscal policy which is well within the realm of local self-government, i.e. it is not a matter of statewide concern and a charter city need not grant such "transfer" credit.

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.

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

Keesy v. Ohio Bureau of Worker's Compensation (May 22, 1995), Franklin Co., No. 92CVF11-9117, unreported. Where appellant voluntarily accepted employment in a classification which was under a collective bargaining agreement and was subsequently involuntarily transferred to another position, appellant's remedy is limited to R.C. Ch. 4117., and the provisions of the agreement; the state personnel board of review has no authority to review the transfer. View Common Pleas Decision | View SPBR Order

Avallone v. Cuyahoga County Board of Commissioners (Apr. 6, 1994), Franklin Co., No. 93CVF-09-6790, unreported. Where an employee is transferred within the same county, from one department to another, under the same appointing authority and retains the same classification, the transfer is not appealable to the state personnel board of review, pursuant to O.A.C. 123:1-25-01. View Common Pleas Decision | View SPBR Order

Evans v. Ohio Dept. of Liquor Control (May 6, 1986), PBR 86-TFR-02-0129. An employee has not been transferred where his county of residence has been, at all times, considered his headquarters county, has been compensated from the time he has left his home, has a state vehicle and travels on state time to his work assignment and was aware that he was subject to systematic relocation of his work assignments. View SPBR Order

Friedman v. Northeast Ohio Developmental Center (Mar. 5, 1985), PBR 84-TFR-12-1583. Separate administrative and bureaucratic features of particular units within an appointing authority do not create separate appointing authorities; an employee's transfer to a different unit within an appointing authority does not constitute a change in appointing authority for purposes of determining whether or not the employee has been impermissibly transferred. View SPBR Order

Miller v. Ohio Dept. of Commerce (Feb. 26, 1985), PBR 84-TFR-06-0863. An employee is headquartered in the county in which his work flow is centered, regardless of where his supervisor is located; an employee's work may be said to flow from the county in which it is coordinated if the employee's actual assignments are scattered throughout the state and not confined to a particular county. View SPBR Order

Meyers v. Ohio Dept. of Youth Services (Jan. 3, 1985), PBR 84-TFR-08-1095. Periodic and infrequent trips to other counties do not operate to change an employee's "headquarters county," as defined by O.A.C. 123:1-47-01(39), where the employee continues to receive the substantial portion of his direction and duties in the county originally designated as his headquarters county, and do not, in and of themselves, constitute a transfer. View SPBR Order

1987 Op. Att'y Gen. No. 109. Pursuant to Sub. H.B. 231, 117th Gen. A. (1987), 23, an employee who transfers from an abolished bureau of support, local Title IV-D agency, or program for administration and enforcement of support to a newly designated child support enforcement agency is entitled to maintain his civil service classification and status upon such transfer; the newly designated child support enforcement agency has the same functions, powers, duties and obligations under R.C. Ch. 124. with respect to such transferred employee's status and classification as did the abolished bureau, agency or program from which such employee transferred. View Attorney General Opinion