(A) A person holding an office or position in the classified service may be transferred to a similar position in another office, department, or institution having the same pay and similar duties, but no transfer shall be made as follows:
(1) From an office or position in one class to an office or position in another class;
(2) To an office or position for original entrance to which there is required by sections 124.01 to 124.64 of the Revised Code, or the rules adopted pursuant to those sections, an examination involving essential tests or qualifications or carrying a salary different from or higher than those required for original entrance to an office or position held by the person proposed to be transferred.
No person in the classified civil service of the state may be transferred without the consent of the director of administrative services.
(B) Any person holding an office or position in the classified service who has been separated from the service without delinquency or misconduct on the person's part may be reinstated within one year from the date of that separation to a vacancy in the same office or in a similar position in the same department, except that a person in the classified service of the state only may be reinstated with the consent of the director of administrative services. But, if that separation is due to injury or physical or psychiatric disability, the person shall be reinstated in the same office held or in a similar position to that held at the time of separation, within sixty days after written application for reinstatement, if the person passes a physical or psychiatric examination made by a licensed physician, a physician assistant, a clinical nurse specialist, a certified nurse practitioner, or a certified nurse-midwife showing that the person has recovered from the injury or physical or psychiatric disability, if the application for reinstatement is filed within two years from the date of separation, and if the application is not filed after the date of service eligibility retirement. The physician, physician assistant, clinical nurse specialist, certified nurse practitioner, or certified nurse-midwife shall be designated by the appointing authority and shall complete any written documentation of the physical or psychiatric examination.
Notes of Decisions
Cited in 35
cases (1 in the last 5 years), 1976–2023 · leading case: State ex rel. Baroni v. Colletti, 2011 Ohio 5351 (Ohio 2011).
State ex rel. Baroni v. Colletti, 2011 Ohio 5351 (Ohio 2011). · cites it 7ד32 provides: {¶ 13} “(B) Any person holding an office or position in the classified service who has been separated from the service without delinquency or misconduct on the person’s part may be reinstated within one year from the date of that separation to a vacancy in the same…”
State ex rel. Ogan v. Teater, 375 N.E.2d 1233 (Ohio 1978). · cites it 2ד34 provides: “The tenure of every officer or employee in the classified service of the state * * * shall be during good behavior and efficient service and no such officer or employee shall be reduced in pay or position, * * * or removed, except as provided in section 124.32 of…”
State ex rel. Specht v. Oregon City Bd. of Educ., 420 N.E.2d 1004 (Ohio 1981). · cites it 2דervice of the state and the counties, civil service townships, cities, city health districts, general health districts, and city school districts thereof, holding a position under this chapter of the Revised Code, shall be during good behavior and efficient service and no such…”
Jackson v. Kurtz, 416 N.E.2d 1068 (Ohio Ct. App. 1979). · cites it 2דe of the state and the counties, civil service townships, cities, city health districts, general health districts, and city school districts thereof, holding a position under this chapter of the Revised Code, shall be during good behavior and efficient service and no such…”
Weston v. Ferguson, 457 N.E.2d 818 (Ohio 1983). · cites it 3דIn accordance with then existing R.C. 124.32, Ohio Adm. Code 123:1-41-01(D) was promulgated.”
Walton v. Montgomery Cnty. Welfare Dep't, 430 N.E.2d 930 (Ohio 1982). · cites it 2ד34 provides that “[t]he tenure of every officer or employee in the classified service of the state * * * shall be during good behavior and efficient service and no such officer shall be reduced in pay or position, suspended, or removed, except as provided in section 124.32 of…”
State ex rel. Sigall v. Aetna Cleaning Contractors of Cleveland, Inc., 345 N.E.2d 61 (Ohio 1976). · cites it 2דrvice of the state and the counties, civil service townships, cities, city health districts, general health districts, and city school districts thereof, holding a position under this chapter of the Revised Code, shall be during good behavior and efficient service and no such…”
Harris v. Lewis, 433 N.E.2d 223 (Ohio 1982). · cites it 2דIt provides, in part, that: “ * * * no such officer or employee shall be reduced in pay or position, suspended, or removed, except as provided in section 124.32 of the Revised Code, and for incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubor *580…”
Binder v. Cuyahoga Cty., 2019 Ohio 1236 (Ohio Ct. App. 2019). · cites it 2ד34 specifically states: No officer or employee shall be reduced in pay or position, fined, suspended, or removed, or have the officer's or employee's longevity reduced or eliminated, except as provided in section 124.32 of the Revised Code, and for incompetency, inefficiency,…”
Nuspl v. City of Akron, 575 N.E.2d 447 (Ohio 1991). · cites it 2דervice of the state and the counties, civil service townships, cities, city health districts, general health districts, and city school districts thereof, holding a position under this chapter of the Revised Code, shall be during good behavior and efficient service and no such…”
Maiden v. Fayette Cnty. Bd. of Retardation & Dev. Disabilities, 475 N.E.2d 135 (Ohio Ct. App. 1984). · cites it 2דicer or employee in the classified service of the state and the counties, civil service townships, cities, city health districts, general health districts, and city school districts thereof, holding a position under this chapter of the Revised Code, shall be during good behavior…”
Brown v. Columbus Bd. of Educ., 638 F. Supp. 2d 856 (S.D. Ohio 2009). · cites it 2ד34 provides: No officer or employee shall be reduced in pay or position, fined, suspended, or removed, or have the officer’s or employee’s longevity reduced or eliminated, except as provided in section 124.32 of the Revised Code, and for incompetency, inefficiency, dishonesty,…”
State ex rel. Baroni v. Colletti, 2011 Ohio 5351 (Ohio 2011). “32 provides: {¶ 13} “(B) Any person holding an office or position in the classified service who has been separated from the service without delinquency or misconduct on the person’s part may be reinstated within one year from the date of that separation to a vacancy in the same…”
Ohio Rev. Code § 124.32(C): 3 cases
Weston v. Ferguson, 457 N.E.2d 818 (Ohio 1983). “In accordance with then existing R.C. 124.32, Ohio Adm. Code 123:1-41-01(D) was promulgated.”
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