Newly elected and re-elected state and county office holders have a 60 calendar day window from the date they take office to designate clerical and administrative support positions that would otherwise be in the classified service as unclassified positions. (Employees in unclassified positions do not have civil service protections and serve at the pleasure of the appointing authority.) The number of positions the elected official can designate varies somewhat, but an individually elected county official, other than a county commissioner, can designate four clerical and administrative support personnel. The Board of County Commissioners can designate up to four positions and each individual commissioner can designate an additional position, for a total of seven such positions under the County Commissioners.

On the day the elected official designates the employee as unclassified, the elected official must provide written information to the employee describing the nature of unclassified service. Within 30 days of the designation, the employer must provide written job duties to the employee.

Similarly, the designation has no impact on employees covered by a collective bargaining agreement. Note that an elected official cannot change an employee's status from classified to unclassified without the employee's consent. Therefore, if you wish to change the designation of a position in which the incumbent is a classified employee, you may do so, but only prospectively when the incumbent vacates the position. If the incumbent consents to a change in status, consent must be in writing and preferably on the document referenced above that explains the nature of unclassified service.

The Ohio Department of Administrative Services has prepared a booklet that will help elected officials comply with these requirements. The document is available on-line at: http://das.ohio.gov/hrd/pdf/County%20Unclass.%20Guidelines%20(Final).pdf or you can call Downes, Hurst & Fishel if you have questions.