PRIOR PRINTER'S NO. 1252 PRINTER'S NO. 2906
No. 1076 Session of 1977
INTRODUCED BY MESSRS. DiCARLO, LINCOLN, KOLTER AND DOMBROWSKI,
MAY 2, 1977
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 4, 1978
AN ACT
1 Amending the act of August 5, 1941 (P.L.752, No.286), entitled
2 "An act regulating and improving the civil service of certain
3 departments and agencies of the Commonwealth; vesting in the
4 State Civil Service Commission and a Personnel Director
5 certain powers and duties; providing for classification of
6 positions, adoption of compensation schedules and
7 certification of payrolls; imposing duties upon certain
8 officers and employes of the Commonwealth; authorizing
9 service to other State departments or agencies and political
10 subdivisions of the Commonwealth in matters relating to civil
11 service; defining certain crimes and misdemeanors; imposing
12 penalties; making certain appropriations, and repealing
13 certain acts and parts thereof," further providing for
14 provisional appointments.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Section 604, act of August 5, 1941 (P.L.752,
18 No.286), known as the "Civil Service Act." amended June 4, 1976
19 (P.L.154, No.75), is amended to read:
20 Section 604. Provisional Appointments.--[Whenever there is <--
21 great and urgent public need for filling a vacancy in any
22 position in the classified service and the director is unable to
23 certify an eligible for the vacancy, he may authorize the
1 filling of the vacancy by provisional appointment. If he does
2 authorize such appointment he shall certify not more than three
3 qualified persons with or without examination and the appointing
4 authority shall appoint one of the persons so certified. A
5 provisional appointment shall continue only until an appropriate
6 eligible list can be established and certification made
7 therefrom, but in no event for more than [six] twelve months in <--
8 any twelve-month period. [Successive provisional appointments of <--
9 the same or different persons shall not be made to the same
10 position.] Any State employe who, on the effective date of this <--
11 act, had been in provisional status since April 1, 1975 or any <--
12 State employe who has been in provisional status beyond the
13 twelve-month period provided by this section shall assume the
14 status of a probationary employe for a period of six months.
15 After successful completion of this probationary period, such
16 State employe shall be granted regular status: Provided, That no
17 provisional status held by any person on April 1, 1976 shall
18 expire before September 15, 1976. The acceptance of a
19 provisional appointment shall not confer upon the appointee any
20 rights of permanent tenure, transfer, promotion or
21 reinstatement.] (A) WHENEVER THERE IS A GREAT AND URGENT PUBLIC <--
22 NEED FOR FILLING A VACANCY IN ANY POSITION IN THE CLASSIFIED
23 SERVICE, AND WHEN THE DIRECTOR IS UNABLE TO CERTIFY AN ELIGIBLE
24 FOR THE VACANCY FROM AN ELIGIBLE LIST, OR ARRANGE FOR A
25 REASSIGNMENT, TRANSFER, PROMOTION OR OTHER MEANS OF FILLING THE
26 VACANCY WITH A QUALIFIED EMPLOYE, AND WHEN THERE IS NO REGULAR
27 EXAMINATION IMMEDIATELY AVAILABLE, THE DIRECTOR MAY AUTHORIZE AN
28 ACCELERATED EXAMINATION PROGRAM FOR THE POSITION TO BE FILLED.
29 (B) THE ACCELERATED EXAMINATION PROGRAM WILL INCLUDE SUCH
30 ELEMENTS AS ABBREVIATED, LOCALIZED ADVERTISING FOR THE POSITION,
19770H1076B2906 - 2 -
1 SO AS TO INSURE OPEN COMPETITION; RAPID PROCESSING AND
2 EVALUATION OF THE QUALIFICATIONS OF APPLICANTS, RANKING THEM AS
3 WELL QUALIFIED, QUALIFIED AND NOT QUALIFIED; AND CERTIFICATION
4 OF THOSE DETERMINED TO BE WELL QUALIFIED AND QUALIFIED TO THE
5 POSITION.
6 (C) THE APPOINTING AUTHORITY SHALL APPOINT FROM AMONG THOSE
7 DETERMINED TO BE WELL QUALIFIED. IF INSUFFICIENT WELL QUALIFIED
8 APPLICANTS ARE AVAILABLE, THE APPOINTMENT SHALL BE MADE FROM
9 AMONG THE QUALIFIED GROUP.
10 (D) THE APPOINTEE SHALL SERVE A SIX-MONTH WORKING TEST
11 PERIOD UPON SUCCESSFUL COMPLETION OF WHICH HE SHALL BE GRANTED
12 PROBATIONARY STATUS. FAILURE TO SUCCESSFULLY COMPLETE THE
13 WORKING TEST PERIOD SHALL RESULT IN TERMINATION.
14 (E) SUCCESSIVE PROVISIONAL APPOINTMENTS OF THE SAME PERSON
15 SHALL NOT BE MADE TO THE SAME POSITION OR CLASSIFICATION.
16 (F) THE ACCEPTANCE OF A PROVISIONAL APPOINTMENT SHALL NOT
17 CONFER UPON THE APPOINTEE ANY RIGHTS OF PROMOTION, REINSTATEMENT
18 OR REASSIGNMENT TO ANOTHER CLASSIFICATION WHILE IN PROVISIONAL
19 STATUS.
20 (G) WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS ACT, THE
21 COMMISSION SHALL CONDUCT EXAMINATIONS AND ESTABLISH ELIGIBLE
22 LISTS AS DEFINED IN ARTICLES V AND VI, OR IN SUBSECTIONS (A)
23 THROUGH (D) TO COVER ALL PROVISIONAL EMPLOYES AS OF THE
24 EFFECTIVE DATE OF THIS ACT. IF THE COMMISSION FAILS TO CONDUCT
25 EXAMINATIONS AS INDICATED, THE PROVISIONALS SHALL BE GRANTED
26 PROBATIONARY STATUS AT THE END OF SIX MONTHS AFTER THE EFFECTIVE
27 DATE OF THIS ACT.
28 (H) ANY STATE EMPLOYE WHO, ON THE EFFECTIVE DATE OF THIS
29 ACT, HAS BEEN IN A PROVISIONAL STATUS FOR A TWELVE-MONTH PERIOD,
30 SHALL ASSUME THE STATUS OF A PROBATIONARY EMPLOYE FOR A PERIOD
19770H1076B2906 - 3 -
1 OF SIX MONTHS.
2 Section 2. This act shall take effect immediately.
D25L55JS/19770H1076B2906 - 4 -