PRINTER'S NO. 3537
No. 2539 Session of 2000
INTRODUCED BY HALUSKA, ARGALL, BEBKO-JONES, BUNT, BELFANTI, CLARK, M. COHEN, COSTA, DALEY, DeWEESE, FARGO, FREEMAN, GANNON, GRUCELA, GODSHALL, HARHAI, LAUGHLIN, WOJNAROSKI, WOGAN, WILT, LEVDANSKY, MANDERINO, PHILLIPS, RAMOS, ROEBUCK, SCRIMENTI, SAYLOR, SHANER, STEELMAN, STERN, TANGRETTI, TIGUE, TRELLO AND VAN HORNE, MAY 11, 2000
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 11, 2000
AN ACT
1 Amending the act of August 5, 1941 (P.L.752, No.286), entitled
2 "An act regulating and improving the civil service of certain
3 departments and agencies of the Commonwealth; vesting in the
4 State Civil Service Commission and a Personnel Director
5 certain powers and duties; providing for classification of
6 positions, adoption of compensation schedules and
7 certification of payrolls; imposing duties upon certain
8 officers and employes of the Commonwealth; authorizing
9 service to other State departments or agencies and political
10 subdivisions of the Commonwealth in matters relating to civil
11 service; defining certain crimes and misdemeanors; imposing
12 penalties; making certain appropriations, and repealing
13 certain acts and parts thereof," further providing for
14 residency requirements.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Section 501 of the act of August 5, 1941
18 (P.L.752, No.286), known as the Civil Service Act, amended
19 November 26, 1978 (P.L.1210, No.285), is amended to read:
20 Section 501. Examinations Requisite for Appointment and
21 Promotion.--(a) Except as otherwise provided in this act,
22 appointments of persons entering the classified service or
1 promoted therein shall be from eligible lists established as the 2 result of examinations given by the director to determine the 3 relative merit of candidates. Such examinations may be written 4 and shall be competitive and open to all persons who may be 5 lawfully appointed to positions within the classes for which the 6 examinations are held, except that persons in unskilled 7 positions shall enter the classified service by promotion 8 without examination provided: (1) such promotion is into a 9 classified position immediately above the person's own position; 10 (2) such promotion is based on seniority and meritorious 11 service; (3) the person meets the minimum requirements for that 12 position; and (4) the person satisfactorily completes a six 13 month probationary period in the classified position. If no 14 persons in such unskilled positions meet the preceding 15 requirements, the vacant position may be filled pursuant to 16 Article V. 17 (b) Persons applying for positions or promotions in the 18 classified service shall be citizens of the United States and 19 residents of the Commonwealth, or former residents of the 20 Commonwealth who meet the requirements of this subsection, and 21 where applicable to the administrative district. Former 22 residents of the Commonwealth must have relocated out of State 23 for academic or employment purposes, shall plan to establish 24 Commonwealth residency within six months of beginning employment 25 in the classified service and must have: (1) graduated from a 26 public, private or nonpublic secondary school in the 27 Commonwealth within five years of applying for a position in the 28 classified service; or (2) attended a public, private or 29 nonpublic school in the Commonwealth at least eighty percent of 30 the time while enrolled in grades one through twelve and 20000H2539B3537 - 2 -
1 attended such school within five years of applying for a 2 position in the classified service. Notwithstanding any of the 3 provisions of this act, whenever an appointing authority finds a 4 lack of a sufficient number of qualified personnel available for 5 appointment to any particular class or classes of positions, he 6 may present evidence thereof to the director who may waive the 7 residence and citizenship requirements for such class or classes 8 of positions. A noncitizen appointed pursuant to the provisions 9 of this section shall not be eligible for continued employment 10 unless he files an application for citizenship as soon as he is 11 eligible therefor, and thereafter diligently prosecutes the 12 same. 13 (c) The director shall prepare the proper State and district 14 employment and promotion eligible lists: Provided, That after an 15 examination has been conducted for any class of positions, if 16 there is no person with such legal residence in any 17 administrative district, remaining on the register the director 18 shall certify and the appointing authority may make the 19 appointment or promotion from the names of persons on an 20 appropriate eligible list for the same class of positions of 21 other administrative districts. Limitations as to age, sex, 22 health, moral character, experience and other qualifications may 23 be specified in the rules of the commission and in the 24 announcements of the examinations. All applications for 25 positions in the classified service shall be under oath. 26 (d) As far as is in the judgment of the commission 27 consistent with the best interest of the Commonwealth, vacancies 28 shall be filled by promotion. The commission may limit 29 competition in promotion examinations to employes in the 30 classified service who have completed their probationary period 20000H2539B3537 - 3 -
1 in a class or classes designated in the public notice of the 2 examinations, and may permit promotions to be accomplished by 3 any one of the following plans: (1) by appointment from open 4 competitive lists; or (2) by achieving a place on an eligible 5 list after a promotional examination, such examination having 6 been given at the request of the appointing authority; or (3) by 7 promotion based upon meritorious service and seniority to be 8 accomplished by appointment without examination, if (i) the 9 person has completed his probationary period in the next lower 10 position, (ii) he meets the minimum requirements for the higher 11 position, and (iii) he receives the unqualified recommendation 12 of both his immediate superior and the appointing authority of 13 his department or agency. 14 Section 2. This act shall take effect in 60 days. B2L71BIL/20000H2539B3537 - 4 -