THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

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

SENATOR EICHELBURGER, LOCAL GOVERNMENT, AS AMENDED, SEPTEMBER 21, 2010   

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] department of real

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estate, a chief deputy, whose appointment shall be revocable by

the sheriff at pleasure on recording in said [office] department 

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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

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same manner as his chief deputy.]

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Section 2.  Section 1209 of the act is repealed amended to

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read:

[Section 1209.  Public List of Applicants for Deputy

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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] department of court records

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- civil division. No deputies shall be appointed by the sheriff

whose names do not appear on said list.]

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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

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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] department of

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human resources a statement indicating the position to be

filled. The [civil service commission] department of human

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resources 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] department of human

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resources shall certify all the names on these lists. If upon

inquiry by the [civil service commission] department of human

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resources or appropriate authority 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] interviews

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shall be conducted with the three persons who have received the

highest average. Appointments shall be made from among the three

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persons who received the highest average combined score of the

examination and interview.

(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

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classified as oral non-competitive testing, thereby extending

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civil service coverage to such lieutenants in the applicable

bargaining unit. Persons holding positions of [captain]

commander lieutenant or below on the effective date of this

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section shall continue to occupy those positions but shall

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fulfill the requirements of any future promotions on and after

the effective date of this amendment. New openings for a vacancy

in the position of [captain] lieutenant and below shall be

classified as competitive and positions of commander and captain

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as non-competitive on and after the effective date of this

section.

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

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position of sergeant in the sheriff's office be considered until

the applicant shall have first served three years in the

sheriff's [department] office as a deputy sheriff. No member of

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

examination for the position of sergeant until after serving

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three (3) years in the sheriff's office as a deputy sheriff. No

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member of the sheriff's office shall be eligible to take a

promotional examination for the position of lieutenant unless

the member holds the position of sergeant in the sheriff's

office. Each member of the sheriff's [department] office shall

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have his examination mark or grade increased by an additional

one-half point for each year he served in the sheriff's

[department] office, but such additional points shall not exceed

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ten points. Points shall be added to the mark or grade of only

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those members passing the examination.

(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] department of human

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resources or appropriate authority that the applicant is free

from any [bodily or mental defects, deformity or disease that

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might incapacitate] physical or mental conditions which would

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preclude him or her from the discharge of the duties of the

position desired in the sheriff's [department] office.

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Section 5.  Repeals are as follows:

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(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 5.  This act shall take effect in 60 days.

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