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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY FREEMAN, GRUCELA, ROSS, GINGRICH AND KESSLER, MAY 26, 2009 |
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| REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MAY 26, 2009 |
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| AN ACT |
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1 | Amending the act of June 23, 1931 (P.L.932, No.317), entitled |
2 | "An act relating to cities of the third class; and amending, |
3 | revising, and consolidating the law relating thereto," in |
4 | civil service, further providing for rules and regulations |
5 | and examinations and for selection of appointee from a |
6 | certified list of applicants. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. The act of June 23, 1931 (P.L.932, No.317), known |
10 | as The Third Class City Code, reenacted and amended June 28, |
11 | 1951 (P.L.662, No.164), is amended by adding a section to read: |
12 | Section 4404.1. Physical and Psychological Medical |
13 | Examinations.--(a) A board may require that an applicant |
14 | conditionally appointed in accordance with section 4406 of this |
15 | act undergo a physical or psychological medical examination as a |
16 | condition of permanent appointment. Physical medical |
17 | examinations, if required, shall be under the direction of a |
18 | physician or other qualified medical professional. Psychological |
19 | medical examinations, if required, shall be under the direction |
20 | of a psychiatrist or psychologist. |
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1 | (b) A physician, other qualified medical professional, |
2 | psychiatrist or psychologist shall be appointed by council and |
3 | shall render an opinion as to whether the conditional appointee |
4 | has a physical or mental condition which calls into question his |
5 | or her ability to perform all of the essential functions of the |
6 | position for which he or she was conditionally appointed. |
7 | (c) If the opinion rendered by the medical examiner calls |
8 | into question the conditional appointee's ability to perform all |
9 | essential functions of a position, the director of the |
10 | department within which the position is to be filled shall meet |
11 | with the conditional appointee for the purpose of having one or |
12 | more interactive discussions focused on the issue of whether the |
13 | conditional appointee can, with or without reasonable |
14 | accommodation, perform all the essential functions of the |
15 | position. |
16 | (d) If, at the conclusion of the interactive discussion |
17 | process, the department director determines that the conditional |
18 | appointee is not qualified, the department director shall give |
19 | written notice to the conditional appointee and the board. |
20 | (e) Nothing in this act shall be construed as authorizing |
21 | physical or psychological medical examinations prior to |
22 | conditional appointment in accordance with section 4406 of this |
23 | act. |
24 | (f) As used in this section, the term "medical examination" |
25 | shall mean any examination, procedure, inquiry or test designed |
26 | to obtain information about medical history or a physical or |
27 | mental condition which might disqualify an applicant if it would |
28 | prevent the applicant from performing, with or without |
29 | reasonable accommodation, all of the essential functions of the |
30 | position. |
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1 | Section 2. Section 4406 of the act, amended October 13, 1965 |
2 | (P.L.579, No.300), is amended to read: |
3 | Section 4406. Selection of Appointee from Certified List of |
4 | Applicants.--Said boards shall make and keep, in numerical |
5 | order, a list containing the names of all applicants for civil |
6 | service positions in said city who may pass the required [mental |
7 | and physical examinations.] examinations, including any required |
8 | physical fitness or agility examinations that are job-related |
9 | and consistent with business necessity. Where more than one |
10 | person takes examinations for any of said positions at the same |
11 | time, the names of all those successfully passing such |
12 | examination shall be entered upon the list of eligible names in |
13 | the order of their respective percentages, the highest coming |
14 | first. The board shall furnish to council a certified copy of |
15 | all lists so prepared and kept. Wherever any vacancy shall occur |
16 | in any civil service position in said city, the city council |
17 | shall make written application to the president of the proper |
18 | board, who shall forthwith certify to the city council, in |
19 | writing, the three names on the list of applicants for such |
20 | position having the highest percentage, but if there be less |
21 | than three eligible names on such list, the board shall certify |
22 | such name or names. Thereupon the director of the department in |
23 | which such appointment is to be made shall nominate to the city |
24 | council a person from the list submitted to fill such vacancy. |
25 | If the city council approves such nomination, the person |
26 | nominated shall be conditionally appointed by council to fill |
27 | such vacancy, and shall be assigned for service in the |
28 | department[.], subject to any physical or psychological medical |
29 | examinations that may be required by the appropriate examining |
30 | board as a condition of permanent appointment in accordance with |
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1 | section 4404.1 of this act. If the council does not approve such |
2 | nomination, or if the appointee is determined by the medical |
3 | examination process to be unqualified, then the director of the |
4 | department in which such appointment is to be made shall submit |
5 | another nomination for such position from the remaining names, |
6 | if any, and if such nomination is not approved by the council, |
7 | or if the appointee is determined by the medical examination |
8 | process to be unqualified, he shall submit the third name, if |
9 | any. The person whose nomination by the director is approved by |
10 | the city council shall be appointed to fill such a position in |
11 | the department or as building inspector. In all cases the boards |
12 | may recommend those in the employ of a department for promotion |
13 | in case the person recommended is competent for the higher |
14 | position. The name of the person so appointed shall be |
15 | immediately stricken from the list of said board, and the names |
16 | of the rejected persons shall immediately be restored to their |
17 | proper place in said list: Provided, however, That if the name |
18 | of any applicant has been submitted to the said council and been |
19 | rejected three times or the appointee has been determined by the |
20 | medical examination process to be unqualified, then such name |
21 | shall be stricken from the eligible list. As used in this |
22 | section, the term "medical examination" shall have the meaning |
23 | given it in section 4404.1 of this act. |
24 | Section 3. Nothing contained in the addition of section |
25 | 4404.1 of the act or the amendment of section 4406 of the act |
26 | shall affect the validity of any civil services appointments |
27 | made prior to the effective date of this section. |
28 | Section 4. This act shall take effect immediately. |
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