| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 1886, 2064 | PRINTER'S NO. 3167 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY MILLARD, GINGRICH, FREEMAN, KESSLER, GRUCELA, ROSS AND CALTAGIRONE, MAY 26, 2009 |
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| SENATOR EICHELBERGER, LOCAL GOVERNMENT, IN SENATE, AS AMENDED, FEBRUARY 2, 2010 |
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| AN ACT |
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1 | Amending the act of June 1, 1945 (P.L.1232, No.427), entitled |
2 | "An act providing for and regulating the appointment, |
3 | promotion and reduction in rank, suspension and removal of |
4 | paid operators of fire apparatus in boroughs, incorporated |
5 | towns and townships of the first class; creating a civil |
6 | service commission in each borough, incorporated town and |
7 | township of the first class; defining the duties of such |
8 | civil service commission; imposing certain duties and |
9 | expenses on boroughs, incorporated towns and townships of the |
10 | first class; imposing penalties; and repealing inconsistent |
11 | laws," further providing for general provisions relating to |
12 | examinations, for rejection of applicant and hearing, for |
13 | manner of filling appointments, for probationary period and |
14 | for physical examinations. |
15 | The General Assembly of the Commonwealth of Pennsylvania |
16 | hereby enacts as follows: |
17 | Section 1. Section 11 of the act of June 1, 1945 (P.L.1232, |
18 | No.427), entitled "An act providing for and regulating the |
19 | appointment, promotion and reduction in rank, suspension and |
20 | removal of paid operators of fire apparatus in boroughs, |
21 | incorporated towns and townships of the first class; creating a |
22 | civil service commission in each borough, incorporated town and |
23 | township of the first class; defining the duties of such civil |
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1 | service commission; imposing certain duties and expenses on |
2 | boroughs, incorporated towns and townships of the first class; |
3 | imposing penalties; and repealing inconsistent laws," amended |
4 | October 17, 1980 (P.L.1078, No.180), is amended to read: |
5 | Section 11. General Provisions Relating to Examinations.-- |
6 | (a) Each commission shall make rules and regulations to be |
7 | approved, as provided in section six hereof, providing for the |
8 | examinations of applicants for positions as fire apparatus |
9 | operators and for promotion thereof, which rules and regulations |
10 | shall prescribe the minimum qualifications of all applicants to |
11 | be examined and passing grades. All examinations for promotions, |
12 | or positions as fire apparatus operators of any municipality, |
13 | shall be practical in character and shall relate to such |
14 | matters, and include such inquiries as will test the merit and |
15 | fitness of the persons examined to discharge the duties of the |
16 | employment sought by them. |
17 | All examinations shall be open to all applicants who have the |
18 | minimum qualifications required by the rules and regulations. |
19 | Each applicant for examination shall: |
20 | (1) be subject to the regulations adopted by the commission |
21 | [and shall be required to submit to a physical examination |
22 | either before or after being admitted to the regular examination |
23 | held by the commission.]; |
24 | (2) either before or after the written examination, be |
25 | required to submit to a physical fitness or agility examination |
26 | that is job-related and consistent with business necessity; and |
27 | (3) if made a conditional offer of employment, be given a |
28 | physical and psychological medical examination in accordance |
29 | with section nineteen of this act. |
30 | (b) Public notice of the time and place of every |
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1 | examination, together with the information as to the kind of |
2 | position or place to be filled, shall be given by publication, |
3 | once in a newspaper of general circulation in the municipality, |
4 | or in a newspaper circulating generally in the municipality at |
5 | least two weeks prior to each examination, and a copy of the |
6 | notice shall be prominently posted in the office of the |
7 | commission or other public place. |
8 | (c) The commission shall post in its office the eligible |
9 | list containing the names and grades of those who have passed |
10 | the examination for position. |
11 | [Under this act, soldiers as defined by the act, approved the |
12 | fifth day of August, one thousand nine hundred forty-one |
13 | (Pamphlet Laws, eight hundred seventy-two), who have |
14 | successfully passed the examination shall be given the |
15 | additional credits provided for by said act.] |
16 | Section 2. Sections 13, 14 and 16 of the act are amended to |
17 | read: |
18 | Section 13. Rejection of Applicant; Hearing.--(a) The |
19 | commission may refuse to examine any applicant, or if examined, |
20 | may refuse to certify, after examination, any person who is |
21 | found to lack any of the minimum qualifications for examination |
22 | prescribed in the rules and regulations adopted for the position |
23 | or employment for which he has applied, or who is physically |
24 | [disabled and] unfit for the performance of the duties of the |
25 | position to which he seeks employment, or who is [addicted to |
26 | the habitual use of intoxicating liquors or drugs,] illegally |
27 | using a controlled substance, as defined in section 102 of the |
28 | Controlled Substances Act (Public Law 91-513, 21 U.S.C. § 802), |
29 | or who has been guilty of any crime involving moral turpitude, |
30 | or of infamous or notoriously disgraceful conduct, or who has |
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1 | been dismissed from public service for delinquency or misconduct |
2 | in office, or who is affiliated with any group whose policies or |
3 | activities are subversive to the form of government set forth in |
4 | the Constitutions and laws of the United States and |
5 | Pennsylvania. |
6 | (b) If any applicant or person feels himself aggrieved by |
7 | the action of the commission in refusing to examine him, or to |
8 | certify him as eligible after examination, the commission shall, |
9 | at the request of such person within ten days, appoint a time |
10 | and place where he may appear personally and by council, |
11 | whereupon the commission shall then review its refusal to make |
12 | such examination of certification and take such testimony as may |
13 | be offered. The decision of the commission shall be final. |
14 | Section 14. Eligibility List and Manner of Filling |
15 | Appointments.--(a) At the completion of the testing process, |
16 | including any background, physical agility or other |
17 | examinations, with the exception of physical and psychological |
18 | medical examinations pursuant to section nineteen of this act, |
19 | the commission shall rank the candidates who have satisfied the |
20 | minimum requirements for appointment on an eligibility list. The |
21 | eligibility list shall contain the names of individuals eligible |
22 | for appointment listed from highest to lowest based on their |
23 | scores on the examinations administered by the commission and |
24 | any points for which the applicant was entitled by virtue of 51 |
25 | Pa.C.S. Ch. 71 (relating to veterans' preference). The |
26 | eligibility list shall be valid for one year from the date the |
27 | commission ranks all passing applicants, assigns veterans' |
28 | preference points and formally adopts the eligibility list. The |
29 | commission may, at its sole discretion before the original |
30 | expiration date, by a vote of the majority of the commission at |
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1 | a duly authorized commission meeting, extend the list for up to |
2 | an additional twelve months. In the absence of a lawful |
3 | extension by the commission, the list shall expire. |
4 | (b) Every position or employment, unless filled by |
5 | promotion, reinstatement or reduction, shall be filled only in |
6 | the following manner: |
7 | The appointing officer or body of the municipality shall |
8 | notify the commission of any vacancy as a fire apparatus |
9 | operator which is to be filled and shall request the |
10 | certification of a list of eligibles. The commission shall |
11 | certify for each existing vacancy from the eligible list, the |
12 | names of three persons therefrom who have received the highest |
13 | average in the last preceding examination[, held within a period |
14 | of one year next preceding the date of the request for such |
15 | eligibles]. The appointing officer or body shall thereupon, with |
16 | sole reference to the merits and fitness of the candidates, make |
17 | [an] a conditional appointment from the three names certified |
18 | unless he or they make objections to the commission as to one or |
19 | more of the persons so certified for any reason stated in |
20 | section thirteen of this act. Should such objections be |
21 | sustained by the commission, as provided in said section, or if |
22 | the conditional appointee is determined to be unqualified in |
23 | accordance with the procedures set forth in section nineteen of |
24 | this act, the commissioner shall thereupon strike the name of |
25 | such person from the eligible list and certify the next highest |
26 | name for each name stricken off. As each subsequent vacancy |
27 | occurs in the same or another position precisely the same |
28 | procedure shall be followed. |
29 | Section 16. Probationary Period.--All original appointments |
30 | to positions as fire apparatus operators shall be for a |
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1 | probationary period of six months, but during the probationary |
2 | period an appointee may be dismissed only for a cause specified |
3 | in section thirteen of this act or because of incapacity for |
4 | duty due to the use of alcohol or drugs. If at the close of the |
5 | probationary period the conduct or fitness of the probationer |
6 | has not been satisfactory to the appointing body or officer, the |
7 | probationer shall be notified in writing that he will not |
8 | receive a permanent appointment. Thereupon his appointment shall |
9 | cease, otherwise, his retention shall be equivalent to a |
10 | permanent appointment. |
11 | Section 3. Section 19 the of the act, amended October 17, |
12 | 1980 (P.L.1078, No.180), is amended to read: |
13 | Section 19. Physical and Psychological Medical |
14 | Examinations.--[All applicants for examination shall undergo a |
15 | physical examination as provided in section 11 which shall be |
16 | conducted under the supervision of a doctor of medicine |
17 | appointed by the civil service commission. No person shall be |
18 | eligible for appointment until said doctor certifies that the |
19 | applicant is free from any bodily or mental defects, deformity, |
20 | or disease that might incapacitate him from the discharge of the |
21 | duties of the position desired.] (a) An applicant selected from |
22 | the eligibility list shall receive a conditional offer of |
23 | employment. The offer of employment shall be conditioned upon |
24 | the conditional appointee undergoing a physical and |
25 | psychological medical examination and a determination that the |
26 | conditional appointee is capable of performing all the essential |
27 | functions of the position. Physical medical examinations shall |
28 | be under the direction of a physician or other qualified medical |
29 | professional. Psychological medical examinations shall be under |
30 | the direction of a psychiatrist or psychologist. |
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1 | (b) The physician or other qualified medical professional |
2 | and the psychiatrist or psychologist shall be appointed by |
3 | council and shall render an opinion as to whether the |
4 | conditional appointee has a physical or mental condition which |
5 | calls into question his or her ability to perform all of the |
6 | essential functions of the position for which he or she was |
7 | conditionally appointed. |
8 | (c) If the opinion rendered by the medical examiner | <-- |
9 | physician, other qualified medical professional, psychiatrist or | <-- |
10 | psychologist calls into question the conditional appointee's |
11 | ability to perform all essential functions of a position, a |
12 | person or persons designated by the appointing officer or body |
13 | shall meet with the conditional appointee for the purpose of |
14 | having one or more interactive discussions focused on the issue |
15 | of whether the conditional appointee can, with or without |
16 | reasonable accommodation, perform all the essential functions of |
17 | the position. |
18 | (d) If, at the conclusion of the interactive discussion |
19 | process, the appointing officer or body determines that the |
20 | conditional appointee is not qualified, the appointing officer |
21 | or body shall give written notice to the conditional appointee |
22 | and the commission. |
23 | (e) Nothing in this act shall be construed as authorizing |
24 | physical or psychological medical examinations prior to |
25 | conditional appointment. |
26 | (f) As used in this section, the term "medical following | <-- |
27 | definitions shall apply: |
28 | "Medical examination" shall mean an examination, procedure, |
29 | inquiry or test designed to obtain information about medical |
30 | history or a physical or mental condition which might disqualify |
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1 | an applicant if it would prevent the applicant from performing, |
2 | with or without a reasonable accommodation, all of the essential |
3 | functions of the position. |
4 | "Physician" shall have the meaning given to it in 1 Pa.C.S. § | <-- |
5 | 1991 (relating to definitions). |
6 | "Qualified medical professional" shall mean an individual, in |
7 | collaboration with or under the supervision or direction of a |
8 | physician, as may be required by law, who is licensed: |
9 | (1) as a physician assistant pursuant to the act of December |
10 | 20, 1985 (P.L.457, No.112), known as the "Medical Practice Act |
11 | of 1985," or the act of October 5, 1978 (P.L.1109, No.261), |
12 | known as the "Osteopathic Medical Practice Act"; or |
13 | (2) as a certified registered nurse practitioner pursuant to |
14 | the act of May 22, 1951 (P.L.317, No.69), known as "The |
15 | Professional Nursing Law." |
16 | Section 4. Nothing contained in the amendment of section 11, |
17 | 13, 14, 16 or 19 of the act shall affect the validity of any |
18 | civil service appointments made prior to the effective date of |
19 | this section. |
20 | Section 5. This act shall take effect immediately. |
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