HOUSE AMENDED
PRIOR PRINTER'S NO. 284 PRINTER'S NO. 982
No. 277 Session of 2003
INTRODUCED BY ROBBINS, WAUGH, MOWERY, BOSCOLA, PILEGGI,
RAFFERTY, SCARNATI, WOZNIAK, WONDERLING, CORMAN, COSTA, DENT,
TARTAGLIONE AND LEMMOND, FEBRUARY 10, 2003
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 17, 2003
AN ACT
1 Amending the act of May 31, 1933 (P.L.1108, No.272), entitled,
2 as amended, "An act providing for the appointment, promotion,
3 reduction, removal and reinstatement of paid officers,
4 firemen and employes of fire departments and of fire alarm
5 operators and fire box inspectors in the bureaus of
6 electricity in cities of the third class; defining the powers
7 and duties of civil service commissions for such purposes;
8 and fixing penalties," further providing for residency
9 requirement.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 4 of the act of May 31, 1933 (P.L.1108,
13 No.272), entitled, as amended "An act providing for the
14 appointment, promotion, reduction, removal and reinstatement of
15 paid officers, firemen and employes of fire departments and of
16 fire alarm operators and fire box inspectors in the bureaus of
17 electricity in cities of the third class; defining the powers
18 and duties of civil service commissions for such purposes; and
19 fixing penalties," is amended to read:
20 Section 4. All examinations for positions or promotions
1 shall be practical in their character, and shall relate to such
2 matters, and include such inquiries, as will fairly and fully
3 test the comparative merit and fitness of the persons examined
4 to discharge the duties of the employment sought by them. All
5 examinations shall be open to all applicants who have fulfilled
6 the preliminary requirements required by this act without regard
7 to any applicant's place of residence at or prior to the date of
8 application. All applicants for any position in the fire
9 department and as fire alarm operators and fire box inspectors
10 in the bureau of electricity shall, subject to regulations
11 adopted by the civil service commission, be required to submit
12 to a physical examination before being admitted to the regular
13 examinations held by the commission. [Each applicant shall have
14 been a resident of the city in which he seeks employment for one
15 year next preceding date of his application.] Adequate public
16 notice of the time and place of every examination held under the
17 provisions of this act, together with information as to the kind
18 of position or place to be filled, shall be given at least one
19 week prior to such examinations. The commission shall adopt
20 reasonable regulations for permitting the presence of
21 representatives of the press at the examinations. The commission
22 shall post, in a public place at its office, the eligible lists,
23 containing the names and grades of those who have passed
24 examinations, and shall indicate thereon such appointments as
25 may be made from said lists.
26 Section 2. This act shall take effect in 60 days. <--
27 SECTION 2. THE ACT IS AMENDED BY ADDING SECTIONS TO READ: <--
28 SECTION 12.1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO
29 THE CONTRARY, NO MUNICIPALITY MAY REQUIRE ITS LAW ENFORCEMENT
30 OFFICERS TO BE RESIDENTS OF THE MUNICIPALITY IN ORDER TO SERVE
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1 IN THE CAPACITY OF A LAW ENFORCEMENT OFFICER, BUT THE
2 MUNICIPALITY MAY REQUIRE ITS LAW ENFORCEMENT OFFICERS TO BE
3 RESIDENTS OF THIS COMMONWEALTH. FOR PURPOSES OF THIS SECTION,
4 "LAW ENFORCEMENT OFFICER" MEANS A PERSON EMPLOYED BY A
5 MUNICIPALITY TO PROVIDE LAW ENFORCEMENT SERVICES ON BEHALF OF
6 THE MUNICIPALITY, INCLUDING A PERSON EMPLOYED TO PROVIDE LAW
7 ENFORCEMENT SERVICES FOR A REGIONAL POLICE FORCE IN THIS
8 COMMONWEALTH, AND "MUNICIPALITY" MEANS A CITY, BOROUGH, TOWNSHIP
9 OR MUNICIPAL AUTHORITY IN THIS COMMONWEALTH.
10 SECTION 12.2. NOTHING IN SECTION 12.1 SHALL BE CONSTRUED TO:
11 (1) AFFECT ANY LAW THAT REQUIRES LAW ENFORCEMENT OFFICERS OF
12 A MUNICIPALITY TO BE CITIZENS OF THE UNITED STATES OR THAT
13 IMPOSES ELIGIBILITY REQUIREMENTS OTHER THAN RESIDENCY FOR LAW
14 ENFORCEMENT OFFICERS; OR
15 (2) CONFLICT WITH ANY EXISTING COLLECTIVE BARGAINING
16 AGREEMENT.
17 SECTION 3. THIS ACT SHALL APPLY TO ANY COLLECTIVE BARGAINING
18 AGREEMENT EXECUTED AFTER THE EFFECTIVE DATE OF THIS ACT.
19 SECTION 4. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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