AGO 1993-040.

Case DateNovember 16, 1993
CourtOhio
Ohio Attorney General Opinions 1993. AGO 1993-040. November 16, 1993OPINION NO. 1993-040The Honorable David P. Joyce Geauga County Prosecuting Attorney Courthouse Annex 231 Main Street Chardon, Ohio 44024 Dear Prosecutor Joyce: You have requested an opinion on the following question: "If a non-civil service township has adopted a policy which provides that employees accumulate vacation leave based on years of service with the township, does R.C. 9.44 mandate that employees be credited with years of prior service with a different township?"(fn1)
Vacation Leave for Township Employees
Vacation benefits for township employees are not governed by statute. Rather, the board of township trustees, pursuant to its authority to fix the compensation of various township employees, see, e.g., R.C. 511.10, is authorized to provide vacation leave as a fringe benefit, if, and to the extent, the trustees so desire. See generally 1981 Op. Att'y Gen. No. 81-061(authority of township trustees to provide fringe benefits for township employees). The board's authority to prescribe fringe benefits, including vacation leave, for township employees is, however, subject to any statutory provisions limiting that authority. See id.
Prior Service Credit under R.C. 9.44
The township about which you ask has adopted a vacation leave policy under which the amount of leave a township employee receives is based upon the amount of time the employee has served with the township. Your question concerns the authority of the board of township trustees, in adopting a vacation leave policy for township employees, to vary the service credit provisions of R.C. 9.44, which states, in part:
(A) Except as otherwise provided in this section, a person employed, other than as an elective officer, by the state or any political subdivision(fn2) of the state, earning vacation credits currently, is entitled to have his prior service with any of these employers counted as service with the state or any political subdivision of the state, for the purpose of computing the amount of his vacation leave. The anniversary date of his employment for the purpose of computing the amount of his vacation leave, unless deferred pursuant to the appropriate law, ordinance, or regulation, is the anniversary date of such prior service.
(B) To determine prior service for the
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