Ohio Rev. Code » Chapter 5120
Ohio Revised Code

Ohio Rev. Code § 5120.38 (2026)

Duties of managing officer

✓ current as of May 2026
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Effective:
March 23, 2016
Latest Legislation:
House Bill 56 - 131st General Assembly
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Subject to the rules of the department of rehabilitation and correction, each institution under the department's jurisdiction other than an institution operated pursuant to a contract entered into under section 9.06 of the Revised Code shall be under the control of a managing officer known as a warden or other appropriate title. The managing officer shall be appointed by the director of rehabilitation and correction and shall be in the unclassified service and serve at the pleasure of the director. Appointment to the position of managing officer shall be made from persons who have criminal justice experience.

A person who is appointed to the position of managing officer from a permanent, classified position within the department shall retain the right to resume the position and status that the person held in the classified service immediately prior to the person's appointment to the position in the unclassified service, regardless of the number of positions the person held in the unclassified service. An employee's right to resume a position in the classified service may be exercised only when an appointing authority demotes the employee to a pay range lower than the employee's current pay range or revokes the employee's appointment to the position in the unclassified service. An employee who holds a position in the classified service and who is appointed to a position in the unclassified service on or after January 1, 2016, shall have the right to resume a position in the classified service under this section only within five years after the effective date of the employee's appointment in the unclassified service. An employee forfeits the right to resume a position in the classified service if the employee is removed from a position in the unclassified service due to incompetence, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, a violation of this chapter or the rules of the department or the director of administrative services, any other failure of good behavior, any other acts of misfeasance, malfeasance, or nonfeasance in office, or conviction of or plea of guilty to a felony while employed in the civil service. An employee also forfeits the right to resume the prior position in the classified service upon transfer to a different agency. Reinstatement to a position in the classified service shall be to a position substantially equal to the position in the classified service that the person previously held, as certified by the director of rehabilitation and correction and approved by the director of administrative services. If the position the person previously held in the classified service has been placed in the unclassified service or is otherwise unavailable, the person shall be appointed to a position in the classified service within the department that the director of administrative services certifies is comparable in compensation to the position the person previously held in the classified service. Service in a position in the unclassified service shall be counted as service in the position in the classified service held by the person immediately preceding the person's appointment to the position in the unclassified service. When a person is reinstated to a position in the classified service, as provided in this section, the person is entitled to all rights and benefits and any status accruing to the position in the classified service during the time of the person's service in the position in the unclassified service.

The managing officer, under the director of rehabilitation and correction, shall have entire executive charge of the institution for which the managing officer is appointed. Subject to civil service rules and regulations, the managing officer shall appoint the necessary employees and the managing officer or the director may remove such employees for cause.
Notes of Decisions
Cited in 6 cases, 1995–2011 · leading case: Rose v. Ohio Dep't of Rehab. & Corr., 880 N.E.2d 508 (Ohio Ct. App. 2007).
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Rose v. Ohio Dep't of Rehab. & Corr., 880 N.E.2d 508 (Ohio Ct. App. 2007). · cites it 2× “Appellant contends that he was demoted to an unclassified position, that of deputy warden, to prevent him from getting the pay he was entitled to if he had been allowed to exercise his fallback rights pursuant to R.C. 5120.38. Appellant further claims that he was demoted as a…”
State Ex Rel. Asti v. Ohio Dep't of Youth Servs., 2005 Ohio 6432 (Ohio 2005). “, R.C. 5120.38 {“Upon being relieved of the person’s duties as managing officer, the person shall *268 be reinstated to the position in the classified service that the person held immediately prior to the appointment to the position of managing officer or to another position…”
State ex rel. Leach v. Schotten, 653 N.E.2d 356 (Ohio 1995). “2d at 309, the only violations of state law raised by Leach in his complaint were claims based on R.C. 5120.38 and 5120.39, which refer to the duties of prison wardens and superintendents.”
Harper v. Ohio Dept. of Rehab. & Corr., 2010 Ohio 1540 (Ohio Ct. App. 2010). “Thus, resolution of this assignment of error turns on the interpretation of the phrase "same appointing authority.”
Harris v. Bradley, 2011 Ohio 445 (Ohio Ct. App. 2011). “The policy is utilized as a penalty for institutional rule violations and before the penalty can be imposed, procedures are imposed to insure that an inmate’s conviction for a rule violation was proper.”
Sommerfield v. Ohio Dep't of Rehab. & Corr., 664 N.E.2d 1388 (Ohio Ct. Cl. 1996). “” Plaintiff is a sex offender who is currently serving his sentence at the Madison Correctional Institution. In 1992, plaintiff volunteered for and was assigned to duties as an asbestos removal worker.”
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