THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY COSTA, FONTANA, KITCHEN, LEACH AND LOGAN, FEBRUARY 19, 2009

REFERRED TO LOCAL GOVERNMENT, FEBRUARY 19, 2009  

AN ACT

Amending the act of July 28, 1953 (P.L.723, No.230), entitled,

as amended, "An act relating to counties of the second class

and second class A; amending, revising, consolidating and

changing the laws relating thereto," further providing for

chief deputy, for deputies and clerks, for public list of

applicants for deputy sheriff, for penalties and for

sheriff's employees and counties of the second class; and

repealing provisions relating to appointment and promotion of

deputy sheriffs in second class counties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 1203 and 1205 of the act of July 28,

1953 (P.L.723, No.230), known as the Second Class County Code,

are amended to read:

Section 1203.  Chief Deputy.--The sheriff of the county shall

appoint in accordance with section 1216, by commission duly

recorded in the office for recording deeds, a chief deputy,

whose appointment shall be revocable by the sheriff at pleasure

on recording in said office a signed revocation thereof. The

chief deputy, during his continuance in office, shall have full

power and authority to perform any duty incumbent upon such

sheriff with like effect in law as if such official act had been

done by the sheriff in person, regardless of the ability or

temporary disability of such sheriff to act while such sheriff

continues in office. Nothing in this section shall operate to

relieve such sheriff or his sureties from liability upon their

official bond.

Section 1205.  Deputies and Clerks.--The sheriff of the

county may appoint in accordance with section 1216 such deputies

and clerks as may be necessary to properly transact the business

of his office. He may revoke the appointment of deputies in the

same manner as his chief deputy.

Section 2.  Section 1209 of the act is repealed:

[Section 1209.  Public List of Applicants for Deputy

Sheriff.--The sheriff shall, from time to time, prepare a list

of the names of all persons who have applied for appointment as

deputy sheriff and who meet the qualifications hereinbefore

prescribed. Such list shall be posted in a public place for a

period of not less than ten days, and thereafter shall be filed

in the office of the prothonotary. No deputies shall be

appointed by the sheriff whose names do not appear on said

list.]

Section 3.  Section 1211 of the act is amended to read:

Section 1211.  Penalties.--Any sheriff, deputy sheriff or any

other county police officer whatsoever, or any other official of

the county, or any person, association or corporation violating

any of the provisions of sections 1206[, 1209] or 1210 of this

act, shall be guilty of a misdemeanor, and, upon conviction,

shall be sentenced to pay a fine of not less than one hundred

dollars ($100) nor more than five hundred dollars ($500), or to

undergo imprisonment for not less than ninety (90) days nor more

than two years, or both.

Section 4.  Section 1216 of the act, added January 27, 1998

(P.L.1, No.1), is amended to read:

Section 1216.  Sheriff's Employes, Counties of Second

Class.--(a)  Appointment and promotion of deputies and other

employes in the office of sheriff of a county of the second

class shall be made in the manner provided by the act of May 31,

1974 (P.L.296, No.94), entitled "An act providing for the

appointment, promotion, reduction in rank, suspension, furlough,

discharge and reinstatement of deputy sheriffs in counties of

the second class; extending civil service coverage to such

deputies; and providing penalties," except as otherwise provided

in this section.

(b)  Whenever a vacancy is likely to occur or is to be filled

in a permanent position in the office of sheriff, the sheriff

shall submit to the civil service commission a statement

indicating the position to be filled. The civil service

commission shall thereupon certify to the sheriff the names of

the three eligibles willing to accept appointment who are

highest, according to the results of the written examination, on

the appropriate promotion list or employment list, whichever is

in existence. If there are less than three eligibles on

appropriate eligible lists who are willing to accept

appointment, the civil service commission shall certify all the

names on these lists. If upon inquiry by the civil service

commission any person on any promotion or employment list is

found to be not available for promotion or appointment, the

person's name shall not for the time being be considered among

the names from which a promotion or appointment is to be made.

(c)  Appointees shall be selected for each existing vacancy

from the eligible list in the order of names of the three

persons thereon who have received the highest average on the

written examination. Examinations shall be administered for

positions of the rank of [captain] lieutenant and below, and

appointments shall be made in the order of names of the three

persons who have received the highest average.

(d)  Civil service examinations to test applicants shall

relate to such matters and include such inquiries as will fairly

test the merits and fitness of the persons examined to discharge

the duties of employment.

(e)  Probationary appointments to positions in the force may,

notwithstanding section 6 of the act of May 31, 1974 (P.L.296,

No.94), be terminated, for cause, prior to completion of the

nine-month probationary period.

(f)  Notwithstanding the provisions of section 1(c) of the

act of May 31, 1974 (P.L.296, No.94), all positions of the rank

of [captain] lieutenant and below shall be classified as

competitive and the ranks of captain and commander shall be

classified as oral non-competitive testing. Persons holding

positions of [captain] commander or below on the effective date

of this section shall continue to occupy those positions. New

openings for a vacancy in the position of [captain] lieutenant 

and below shall be classified as competitive and positions of

commander and captain as non-competitive on and after the

effective date of this section.

(g)  In no case shall an applicant for promotion in the

sheriff's office be considered until the applicant shall have

first served three years in the sheriff's department. No member

of the sheriff's office shall be eligible to take any

promotional examination until after serving three (3) years in

the sheriff's office. Each member of the sheriff's department

shall have his examination mark or grade increased by an

additional one-half point for each year he served in the

sheriff's department, but such additional points shall not

exceed ten points.

(h)  All applicants for examination shall undergo a physical

examination which shall be conducted under the supervision of a

doctor of medicine. No person shall be eligible for appointment

until a doctor certifies to the commission that the applicant is

free from any bodily or mental defects, deformity or disease

that might incapacitate him or her from the discharge of the

duties of the position desired in the sheriff's department.

Section 5.  Repeals are as follows:

(1)  The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate the amendment of

section 1216 of the act.

(2)  The act of May 31, 1974 (P.L.296, No.94), entitled

"An act providing for the appointment, promotion, reduction

in rank, suspension, furlough, discharge and reinstatement of

deputy sheriffs in counties of the second class; extending

civil service coverage to such deputies; and providing

penalties," is repealed.

Section 6.  This act shall take effect in 60 days.