| HOUSE AMENDED |
| PRIOR PRINTER'S NOS. 1097, 1233, 1629 | PRINTER'S NO. 1753 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY ROBBINS, ERICKSON, EICHELBERGER, STOUT AND WOZNIAK, JUNE 5, 2009 |
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| AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 10, 2010 |
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| AN ACT |
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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 civil service | <-- |
9 | examinations and, for applications, for eligibility lists, | <-- |
10 | for vacancies and promotions and for physical examinations. |
11 | The General Assembly of the Commonwealth of Pennsylvania |
12 | hereby enacts as follows: |
13 | Section 1. Section 4 of the act of May 31, 1933 (P.L.1108, |
14 | No.272), entitled, as amended "An act providing for the |
15 | appointment, promotion, reduction, removal and reinstatement of |
16 | paid officers, firemen and employes of fire departments and of |
17 | fire alarm operators and fire box inspectors in the bureaus of |
18 | electricity in cities of the third class; defining the powers |
19 | and duties of civil service commissions for such purposes; and |
20 | fixing penalties," amended July 17, 2003 (P.L.29, No.13), is |
21 | amended to read: |
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1 | Section 4. (a) All examinations for positions or promotions |
2 | shall be practical in their character, and shall relate to such |
3 | matters, and include such inquiries, as will fairly and fully |
4 | test the comparative merit and fitness of the persons examined |
5 | to discharge the duties of the employment sought by them. All |
6 | examinations shall be open to all applicants who have fulfilled |
7 | the preliminary requirements required by this act without regard |
8 | to any applicant's place of residence at or prior to the date of |
9 | application. All applicants for any position in the fire |
10 | department and as fire alarm operators and fire box inspectors |
11 | in the bureau of electricity shall[,]: |
12 | (1) be subject to regulations adopted by the civil service |
13 | commission[, be required to submit to a physical examination |
14 | before being admitted to the regular examinations held by the |
15 | commission.]; |
16 | (2) either before or after the written examination, be |
17 | required to submit to a physical fitness or agility examination |
18 | that is job-related and consistent with business necessity; and |
19 | (3) if made a conditional offer of employment, be given a |
20 | physical and psychological medical examination in accordance |
21 | with section nine of this act. |
22 | (b) Adequate public notice of the time and place of every |
23 | examination held under the provisions of this act, together with |
24 | information as to the kind of position or place to be filled, |
25 | shall be given at least one week prior to such examinations. The |
26 | commission shall adopt reasonable regulations for permitting the |
27 | presence of representatives of the press at the examinations. |
28 | The commission shall post, in a public place at its office, the |
29 | eligible lists, containing the names and grades of those who |
30 | have passed examinations, and shall indicate thereon such |
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1 | appointments as may be made from said lists. |
2 | Section 2. Sections 5 and 6, 6 and 8 of the act are amended | <-- |
3 | to read: |
4 | Section 5. (a) The civil service commission in each city |
5 | shall require persons applying for admission to any examination |
6 | provided for under this act, or under the rules and regulations |
7 | of the said commission, to file in its office, within a |
8 | reasonable time prior to the proposed examination, a formal |
9 | application, in which the applicant shall state under oath or |
10 | affirmation--- |
11 | First. His full name, residence, and post office address. |
12 | Second. His citizenship, age, and the place and date of his |
13 | birth. |
14 | Third. His health, and his physical capacity for public |
15 | service. |
16 | Fourth. His business and employments and residences for at |
17 | least three years previous. |
18 | Fifth. Such other information as may reasonably be required, |
19 | touching the applicant's qualifications and fitness for the |
20 | public service. |
21 | Blank forms for such applications shall be furnished by the |
22 | commission, without charge, to all persons requesting the same. |
23 | The commission may require, in connection with such application, |
24 | such certificates of citizens, physicians or others, having |
25 | knowledge of the applicant, as the good of the service may |
26 | require. The commission may refuse to examine an applicant, or, |
27 | after examination, to certify as eligible, one who is found to |
28 | lack any of the established preliminary requirements for the |
29 | examination or position or employments for which he applies; or |
30 | who is physically [so disabled as to be rendered] unfit for the |
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1 | performances of the duties of the position to which he seeks |
2 | appointment; or who is [addicted to the habitual use of |
3 | intoxicating liquors or drugs;] illegally using a controlled |
4 | substance, as defined in section 102 of the Controlled |
5 | Substances Act (Public Law 91-513, 21 U.S.C. § 802); or who has |
6 | been convicted of any crime, or whose conduct is infamous or |
7 | notoriously disgraceful; or who has been dismissed from the |
8 | public service for delinquency or misconduct; or who has made a |
9 | false statement of any material fact, or practiced or attempted |
10 | to practice any deception or fraud in his application, in his |
11 | examination, or in establishing his eligibility; or who refuses |
12 | to comply with the rules and regulations of the commission. |
13 | (b) No application will be received if the person applying |
14 | is less than eighteen years of age or more than thirty-five |
15 | years of age at the date of application: Provided, however, That |
16 | in the event any applicant has formerly served in the fire |
17 | department or as a fire alarm operator or fire box inspector in |
18 | the bureau of electricity of the city to which application is |
19 | made for a period of more than six months, and no charges of |
20 | misconduct or other misfeasance were made against the applicant |
21 | within a period of two years next preceding the date of |
22 | application, and the applicant is a resident of the city, then |
23 | the person shall be eligible for reinstatement, in the |
24 | discretion of the civil service commission, even though the |
25 | applicant is over thirty-five years of age. The applicant, |
26 | providing the applicant's former term of service so justifies, |
27 | may be reappointed to the fire department or as a fire alarm |
28 | operator or fire box inspector in the bureau of electricity |
29 | without examination, other than a physical examination in |
30 | accordance with section nine of this act. If the person is |
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1 | reinstated, the person shall be the lowest in rank in the |
2 | department next above the probationers of the department. |
3 | (c) If any applicant feels himself aggrieved by the action |
4 | of the commission in refusing to examine him, or, after an |
5 | examination, to certify him as an eligible, as provided in this |
6 | section, the commission shall, at the request of such applicant, |
7 | appoint a time and place for a public hearing, at which time |
8 | such applicant may appear, by himself or counsel, or both, and |
9 | the commission shall then review its refusal to make such |
10 | examination or certification, and testimony shall be taken. The |
11 | commission shall subpoena, at the expense of the applicant, any |
12 | competent witnesses requested by him. After such review, the |
13 | commission shall file the testimony taken in its records, and |
14 | shall again make a decision, which decision shall be final. |
15 | Section 6. (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 nine of this act, the |
19 | civil service commission shall rank the candidates who have |
20 | satisfied the minimum requirements for appointment on an |
21 | eligibility list. The eligibility list shall contain the names |
22 | of individuals eligible for appointment listed from highest to |
23 | lowest based on their scores on the examinations administered by |
24 | the commission and any points for which the applicant was |
25 | entitled by virtue of 51 Pa.C.S. Ch. 71 (relating to veterans' |
26 | preference). The eligibility list will be valid for one year |
27 | from the date the commission ranks all passing applicants, |
28 | assigns veterans' preference points and formally adopts the |
29 | eligibility list. The commission may, at its sole discretion |
30 | before the original expiration date, by a vote of the majority |
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1 | of the commission at a duly authorized commission meeting, |
2 | extend the list for up to an additional twelve months. In the |
3 | absence of a lawful extension by the commission, the list shall |
4 | expire. |
5 | (b) Every position or employment, unless filled by |
6 | promotion, reinstatement, or reduction, shall be filled only in |
7 | the following manner: The appointing officer shall notify the |
8 | civil service commission of any vacancy in the service which he |
9 | desires to fill, and shall request the certification of |
10 | eligibles. The commission shall forthwith certify, from the |
11 | appropriate eligible list, the names of the three persons |
12 | thereon who received the highest averages at the last preceding |
13 | examination held under the provisions of this act. The |
14 | appointing officer shall, thereupon, with sole reference to the |
15 | relative merit and fitness of the candidates, make [an] a |
16 | conditional appointment from the three names so certified. If |
17 | the appointing officer makes objection to the commission to one |
18 | or more of the persons named for any of the reasons stated in |
19 | section five of this act, and if such objections are sustained |
20 | by the commission, or if a conditional appointee is determined |
21 | to be unqualified in accordance with the procedures set forth in |
22 | section 9 of this act, the commission shall thereupon strike the |
23 | name of such person from the eligible list, and certify the next |
24 | highest name for each person so stricken off. If any name shall |
25 | be three times rejected for the same or another position, such |
26 | name shall be stricken from the list. When there are a number of |
27 | positions of the same kind to be filled at the same time, each |
28 | appointment shall be made separately and in accordance with the |
29 | foregoing provisions. |
30 | Section 8. Vacancies in positions in the fire department and | <-- |
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1 | as fire alarm operators and fire box inspectors in the bureau of |
2 | electricity shall be filled, so far as practicable, by |
3 | promotions from among persons holding positions in the next |
4 | lower grade in the department. Promotions shall be based upon |
5 | merit, to be ascertained by tests to be provided by the civil |
6 | service commission[, and upon the superior qualifications of the |
7 | persons promoted, as shown by his previous service and |
8 | experience: Provided, however, That no]. The appointing officer |
9 | shall notify the civil service commission of a vacancy in the |
10 | service which the appointing officer desires to fill by |
11 | promotion and shall request the certification of a list of |
12 | eligibles. The commission shall certify for each existing |
13 | vacancy, from the eligible list, the names of three persons on |
14 | the list who have received the highest average in the last |
15 | preceding promotional examination held within a period of two |
16 | years next preceding the date of the request for eligibles. If |
17 | three names are not available, the commission shall certify the |
18 | names remaining on the list. The appointing officer shall then, |
19 | with sole reference to the merits and fitness of the candidates, |
20 | make an appointment from the names certified unless the |
21 | appointing officer makes objections to the commission as to one |
22 | or more of the persons so certified. No person, however, shall |
23 | be eligible for promotion from the lower grade to the next |
24 | higher grade until such person shall have completed at least two |
25 | years service in the next lower grade in the department. The |
26 | commission shall have the power to determine in each instance |
27 | whether an increase in salary constitutes a promotion. |
28 | Section 3. Section 9 of the act, amended June 16, 1972 |
29 | (P.L.427, No.125), is amended to read: |
30 | Section 9. [All applicants for any position in the fire |
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1 | department and as fire alarm operators and fire box inspectors |
2 | in the bureau of electricity shall undergo a physical |
3 | examination, which shall be conducted under the supervision of |
4 | the physician member of the civil service commission, or if |
5 | there be none, then by a physician appointed by the civil |
6 | service commission. Said examiner shall certify that an |
7 | applicant is free from any bodily or mental defects, deformity |
8 | or diseases that might incapacitate him from the performance of |
9 | the duties of the position desired before said applicant shall |
10 | be permitted to take further examinations. No application will |
11 | be received if the person applying is less than eighteen years |
12 | of age or more than thirty-five years of age at the date of his |
13 | application: Provided, however, That in event any applicant has |
14 | formerly served in the fire department or as a fire alarm |
15 | operator or fire box inspector in the bureau of electricity of |
16 | the city to which he makes application for a period of more than |
17 | six months, and no charges of misconduct or other misfeasance |
18 | were made against such applicant within a period of two years |
19 | next preceding the date of his application, and is a resident of |
20 | the city, then such person shall be eligible for reinstatement, |
21 | in the discretion of the civil service commission, even though |
22 | such applicant shall be over the age of thirty-five years. Such |
23 | applicant, providing his former term of service so justifies, |
24 | may be reappointed to the fire department or as a fire alarm |
25 | operator or fire box inspector in the bureau of electricity |
26 | without examination, other than a physical examination. If such |
27 | person is reinstated, he shall be the lowest in rank in the |
28 | department next above the probationers of the department.] (a) |
29 | An applicant selected from the eligibility list shall receive a |
30 | conditional offer of employment. The offer of employment shall |
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1 | be conditioned upon the applicant undergoing a physical and, if |
2 | required by the rules and regulations of the commission, a |
3 | psychological medical examination, and a determination by the |
4 | commission that the applicant is capable of performing all the |
5 | essential functions of the position. Physical medical |
6 | examinations shall be under the direction of a physician or |
7 | other qualified medical professional. Psychological medical |
8 | examinations shall be under the direction of a psychiatrist or |
9 | psychologist. |
10 | (b) The physician or other qualified medical professional |
11 | and the psychiatrist or psychologist shall be appointed by the |
12 | council and shall render an opinion as to whether the |
13 | conditional appointee has a physical or mental condition which |
14 | calls into question his or her ability to perform all of the |
15 | essential functions of the position for which he or she was |
16 | conditionally appointed. |
17 | (c) If the opinion rendered by the physician, other |
18 | qualified medical professional, psychiatrist or psychologist |
19 | calls into question the conditional appointee's ability to |
20 | perform all essential functions of a position, a person or |
21 | persons designated by the appointing officer shall meet with the |
22 | conditional appointee for the purpose of having one or more |
23 | interactive discussions focused on the issue of whether the |
24 | conditional appointee can, with or without reasonable |
25 | accommodation, perform all the essential functions of the |
26 | position. |
27 | (d) If, at the conclusion of the interactive discussion |
28 | process, the appointing officer determines that the conditional |
29 | appointee is not qualified, the appointing officer shall give |
30 | written notice to the conditional appointee and the board. |
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1 | (e) Nothing in this act shall be construed as authorizing |
2 | physical or psychological medical examinations prior to |
3 | conditional appointment. |
4 | (f) As used in this section, the following definitions shall |
5 | apply: |
6 | "Medical examination" shall mean any examination, procedure, |
7 | inquiry or test designed to obtain information about medical |
8 | history or a physical or mental condition which might disqualify |
9 | an applicant if it would prevent the applicant from performing, |
10 | with or without a reasonable accommodation, all of the essential |
11 | functions of the position. |
12 | "Physician" shall have the meaning given to it in 1 Pa.C.S. § |
13 | 1991 (relating to definitions). |
14 | "Qualified medical professional" shall mean an individual, in |
15 | collaboration with or under the supervision or direction of a |
16 | physician, as may be required by law, who is licensed: |
17 | (1) as a physician assistant pursuant to the act of December |
18 | 20, 1985 (P.L.457, No.112), known as the "Medical Practice Act |
19 | of 1985," or the act of October 5, 1978 (P.L.1109, No.261), |
20 | known as the "Osteopathic Medical Practice Act"; or |
21 | (2) as a certified registered nurse practitioner pursuant to |
22 | the act of May 22, 1951 (P.L.317, No.69), known as "The |
23 | Professional Nursing Law." |
24 | Section 4. Nothing contained in this act shall affect the |
25 | validity of any civil service appointments or promotions made | <-- |
26 | prior to the effective date of this section. |
27 | Section 5. This act shall take effect immediately. |
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