| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| SENATE BILL |
|
| |
| |
| INTRODUCED BY ROBBINS, ERICKSON, EICHELBERGER, STOUT AND WOZNIAK, JUNE 5, 2009 |
| |
| |
| REFERRED TO LOCAL GOVERNMENT, JUNE 5, 2009 |
| |
| |
| |
| AN ACT |
| |
1 | Amending the act of June 5, 1941 (P.L.84, No.45), entitled "An |
2 | act providing for and regulating the appointment, promotion |
3 | and reduction in rank, suspension and removal of paid members |
4 | of the police force in boroughs, incorporated towns and |
5 | townships of the first class maintaining a police force of |
6 | not less than three members; creating a civil service |
7 | commission in each borough, incorporated town and township of |
8 | the first class; defining the duties of such civil service |
9 | commission; imposing certain duties and expense on boroughs, |
10 | incorporated towns and townships of the first class; imposing |
11 | penalties, and repealing inconsistent laws," further |
12 | providing for general provisions relating to examinations, |
13 | for rejection of applicant and hearing, for manner of filling |
14 | appointments, for probationary period and for physical |
15 | examinations. |
16 | The General Assembly of the Commonwealth of Pennsylvania |
17 | hereby enacts as follows: |
18 | Section 1. Section 11 of the act of June 5, 1941 (P.L.84, |
19 | No.45), entitled "An act providing for and regulating the |
20 | appointment, promotion and reduction in rank, suspension and |
21 | removal of paid members of the police force in boroughs, |
22 | incorporated towns and townships of the first class maintaining |
23 | a police force of not less than three members; creating a civil |
24 | service commission in each borough, incorporated town and |
|
1 | township of the first class; defining the duties of such civil |
2 | service commission; imposing certain duties and expense on |
3 | boroughs, incorporated towns and townships of the first class; |
4 | imposing penalties, and repealing inconsistent laws," amended |
5 | October 17, 1980 (P.L.1080, No.181), is amended to read: |
6 | Section 11. General Provisions Relating to Examinations.-- |
7 | (a) Each commission shall make rules and regulations, to be |
8 | approved as provided in section 6 hereof, providing for the |
9 | examination of applicants for positions in the police force and |
10 | for promotions therein, which rules and regulations shall |
11 | prescribe the minimum qualifications of all applicants to be |
12 | examined and the passing grades. All examinations for positions |
13 | or promotions in the police force of any municipality shall be |
14 | practical in character and shall relate to such matters and |
15 | include such inquiries as will fairly test the merit and fitness |
16 | of the persons examined to discharge the duties of the |
17 | employment sought by them. All examinations shall be open to all |
18 | applicants who have the minimum qualifications required by the |
19 | rules and regulations. Each applicant for examination shall: |
20 | (1) be subject to the regulations adopted by the commission |
21 | [and shall be required to submit to a physical examination]; |
22 | (2) either before or after [being admitted to the regular |
23 | examination held by the commission.] the written examination, be |
24 | required to submit to a physical fitness or agility examination |
25 | that is job-related and consistent with business necessity; and |
26 | (3) if made a conditional offer of employment, be given a |
27 | physical and psychological medical examination in accordance |
28 | with section 19 of this act. |
29 | (b) Public notice of the time and place of every |
30 | examination, together with the information as to the kind of |
|
1 | position or place to be filled, shall be given by publication |
2 | once in a newspaper of general circulation in the municipality |
3 | or in a newspaper circulating generally in the municipality at |
4 | least two weeks prior to each examination, and a copy of the |
5 | notice shall be prominently posted in the office of the |
6 | commission or other public place. |
7 | (c) The commission shall post in its office the eligible |
8 | list containing the names and grades of those who have passed |
9 | the examination for position under this act. [Persons, male or |
10 | female, who served in the military or naval service of the |
11 | United States during any war in which the United States has |
12 | been, is now or shall hereafter be engaged, and who have |
13 | honorable discharges from such service, who have successfully |
14 | passed the examination, shall be given the additional credits |
15 | and preference in appointment and promotion provided for by any |
16 | law of this Commonwealth.] |
17 | Section 2. Sections 13, 14 and 16 of the act are amended to |
18 | read: |
19 | Section 13. Rejection of Applicant; Hearing.--(a) The |
20 | commission may refuse to examine any applicant, or, if examined, |
21 | may refuse to certify after examination as eligible anyone who |
22 | is found to lack any of the minimum qualifications for |
23 | examination prescribed in the rules and regulations adopted for |
24 | the position or employment for which he has applied, or who is |
25 | physically [disabled and] unfit for the performance of the |
26 | duties of the position to which he seeks employment, or [who is |
27 | addicted to the habitual use of intoxicating liquors or drugs] |
28 | who is illegally using a controlled substance, as defined in |
29 | section 102 of the Controlled Substances Act (Public Law 91-513, |
30 | 21 U.S.C. § 802), or who has been guilty of any crime involving |
|
1 | moral turpitude or of infamous or notorious disgraceful conduct, |
2 | or who has been dismissed from public service for delinquency or |
3 | misconduct in office, or who is affiliated with any group whose |
4 | policies or activities are subversive to the form of government |
5 | set forth in the constitutions and laws of the United States and |
6 | Pennsylvania. |
7 | (b) If any applicant or person feels himself aggrieved by |
8 | the action of the commission in refusing to examine him or to |
9 | certify him as eligible after examination the commission shall |
10 | at the request of such person, within ten (10) days, appoint a |
11 | time and place where he may appear personally and by counsel, |
12 | whereupon the commission shall then review its refusal to make |
13 | such examination or certification and take such testimony as may |
14 | be offered. The decision of the commission shall be final. |
15 | Section 14. Eligibility List and Manner of Filling |
16 | Appointments.--(a) At the completion of the testing process, |
17 | including any background, physical agility or other |
18 | examinations, with the exception of physical and psychological |
19 | medical examinations pursuant to section 19 of this act, the |
20 | commission shall rank the candidates who have satisfied the |
21 | minimum requirements for appointment on an eligibility list. The |
22 | eligibility list shall contain the names of individuals eligible |
23 | for appointment listed from highest to lowest based on their |
24 | scores on the examinations administered by the commission and |
25 | any points for which the applicant was entitled by virtue of 51 |
26 | Pa.C.S. Ch. 71 (relating to veterans' preference). The |
27 | eligibility list shall be valid for one year from the date the |
28 | commission ranks all passing applicants, assigns veterans' |
29 | preference points and formally adopts the eligibility list. The |
30 | commission may, at its sole discretion before the original |
|
1 | expiration date, by a vote of the majority of the commission at |
2 | a duly authorized commission meeting, extend the list for up to |
3 | an additional twelve months. In the absence of a lawful |
4 | extension by the commission, the list shall expire. The |
5 | commission may, at its sole discretion, void an eligibility list |
6 | at any time for any reason so long as the voiding of the list is |
7 | not designed to circumvent this act. |
8 | (b) Every position or employment, except that of chief of |
9 | police or equivalent official, unless filled by promotion, |
10 | reinstatement or reduction shall be filled only in the following |
11 | manner: the appointing officer or body of the municipality shall |
12 | notify the commission of any vacancy in the police force which |
13 | is to be filled and shall request the certification of a list of |
14 | eligibles. The commission shall certify for each existing |
15 | vacancy from the eligible list the names of three persons |
16 | thereon who have received the highest average in the last |
17 | preceding examination [held within a period of one year next |
18 | preceding the date of the request for such eligibles]. The |
19 | appointing officer or body shall thereupon with sole reference |
20 | to the merits and fitness of the candidates make [an] a |
21 | conditional appointment from the three names certified unless he |
22 | or they make objections to the commission as to one or more of |
23 | the persons so certified for any of the reasons stated in |
24 | section 13 of this act. Should such objections be sustained by |
25 | the commission as provided in said section, or if the |
26 | conditional appointee is determined to be unqualified in |
27 | accordance with the procedures set forth in section 19 of this |
28 | act, the commission shall thereupon strike the name of such |
29 | person from the eligible list and certify the next highest name |
30 | for each name stricken off. As each subsequent vacancy occurs in |
|
1 | the same or another position precisely the same procedure shall |
2 | be followed. |
3 | (c) In the case of a vacancy in the office of chief of |
4 | police or equivalent official the appointive power may nominate |
5 | a person to the commission. It shall thereupon become the duty |
6 | of the commission to subject such person to a noncompetitive |
7 | examination, and, if such person shall be certified by the |
8 | commission as qualified, he may then be appointed to such |
9 | position and thereafter shall be subject to all the provisions |
10 | of this act. |
11 | Section 16. Probationary Period.--All original appointments |
12 | to any position in the police force shall be for a probationary |
13 | period of six months, but during the probationary period an |
14 | appointee may be dismissed only for a cause specified in section |
15 | 13 of this act or because of incapacity for duty due to the use |
16 | of alcohol or drugs. If at the close of a probationary period |
17 | the conduct or fitness of the probationer has not been |
18 | satisfactory to the appointing officer or body the probationer |
19 | shall be notified in writing that he will not receive a |
20 | permanent appointment. Thereupon his appointment shall cease; |
21 | otherwise his retention shall be equivalent to a permanent |
22 | appointment. |
23 | Section 3. Section 19 of the act, amended October 17, 1980 |
24 | (P.L.1078, No.181), is amended to read: |
25 | Section 19. Physical and Psychological Medical |
26 | Examinations.--[All applicants for examination shall undergo a |
27 | physical examination as provided in section 11 which shall be |
28 | conducted under the supervision of a doctor of medicine |
29 | appointed by the civil service commission. No person shall be |
30 | eligible for appointment until said doctor certifies that the |
|
1 | applicant is free from any bodily or mental defects, deformity, |
2 | or disease that might incapacitate him from the discharge of the |
3 | duties of the position desired.](a) An applicant selected from |
4 | the eligibility list shall receive a conditional offer of |
5 | employment. The offer of employment shall be conditioned upon |
6 | the conditional appointee undergoing a physical and |
7 | psychological medical examination and a determination that the |
8 | conditional appointee is capable of performing all the essential |
9 | functions of the position. Physical medical examinations shall |
10 | be under the direction of a physician or other qualified medical |
11 | professional. Psychological medical examinations shall be under |
12 | the direction of a psychiatrist or psychologist. |
13 | (b) The physician or other qualified medical professional |
14 | and the psychiatrist or psychologist shall be appointed by |
15 | council and shall render an opinion as to whether the |
16 | conditional appointee has a physical or mental condition which |
17 | calls into question his or her ability to perform all of the |
18 | essential functions of the position for which he or she was |
19 | conditionally appointed. |
20 | (c) If the opinion rendered by the medical examiner calls |
21 | into question the conditional appointee's ability to perform all |
22 | essential functions of a position, a person or persons |
23 | designated by the appointing officer or body shall meet with the |
24 | conditional appointee for the purpose of having one or more |
25 | interactive discussions focused on the issue of whether the |
26 | conditional appointee can, with or without reasonable |
27 | accommodation, perform all the essential functions of the |
28 | position. |
29 | (d) If, at the conclusion of the interactive discussion |
30 | process, the appointing officer or body determines that the |
|
1 | conditional appointee is not qualified, the appointing officer |
2 | or body shall give written notice to the conditional appointee |
3 | and the commission. |
4 | (e) Nothing in this act shall be construed as authorizing |
5 | physical or psychological medical examinations prior to |
6 | conditional appointment. |
7 | (f) As used in this section, the term "medical examination" |
8 | shall mean an examination, procedure, inquiry or test designed |
9 | to obtain information about medical history or a physical or |
10 | mental condition which might disqualify an applicant if it would |
11 | prevent the applicant from performing, with or without a |
12 | reasonable accommodation, all of the essential functions of the |
13 | position. |
14 | Section 4. Nothing contained in the amendment of section 11, |
15 | 13, 14, 16 or 19 of this act shall affect the validity of any |
16 | civil service appointment made prior to the effective date of |
17 | this section. |
18 | Section 5. This act shall take effect immediately. |
|