THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BARRAR, AUMENT, BOBACK, BRENNAN, CALTAGIRONE, CAUSER, DONATUCCI, EVERETT, FARRY, GEIST, GILLEN, GINGRICH, GOODMAN, GRELL, GROVE, HARRIS, HORNAMAN, JOHNSON, M. K. KELLER, KILLION, KOTIK, MAHONEY, MARSICO, METCALFE, MICOZZIE, MILLARD, MIRABITO, MURPHY, MURT, PYLE, QUINN, REICHLEY, STEVENSON, TALLMAN AND VULAKOVICH, MARCH 17, 2011

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 17, 2011  

AN ACT

Amending the act of August 5, 1941 (P.L.752, No.286), entitled

"An act regulating and improving the civil service of certain

departments and agencies of the Commonwealth; vesting in the

State Civil Service Commission and a Personnel Director

certain powers and duties; providing for classification of

positions, adoption of compensation schedules and

certification of payrolls; imposing duties upon certain

officers and employes of the Commonwealth; authorizing

service to other State departments or agencies and political

subdivisions of the Commonwealth in matters relating to civil

service; defining certain crimes and misdemeanors; imposing

penalties; making certain appropriations, and repealing

certain acts and parts thereof," further providing for

examinations requisite for appointment and promotion, for

certification and for selection and appointment of eligibles.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 501 of the act of August 5, 1941

(P.L.752, No.286), known as the Civil Service Act, amended June

28, 2004 (P.L.461, No.50), is amended to read:

Section 501.  Examinations Requisite for Appointment and

Promotion.--(a)  Except as otherwise provided in this act,

appointments of persons entering the classified service or

promoted therein shall be from eligible lists established as the

result of examinations given by the director to determine the

relative merit and qualification of candidates. Such

examinations may be written and shall be competitive and open to

all persons who may be lawfully appointed to positions within

the classes for which the examinations are held, except that

persons in unskilled positions shall enter the classified

service by promotion without examination provided: (1) such

promotion is into a classified position immediately above the

person's own position; (2) such promotion is based on seniority

and meritorious service; (3) the person meets the minimum

requirements for that position; and (4) the person

satisfactorily completes a six month probationary period in the

classified position. If no persons in such unskilled positions

meet the preceding requirements, the vacant position may be

filled pursuant to Article V.

(b)  Persons applying for positions or promotions in the

classified service shall be residents of the Commonwealth or

former residents of the Commonwealth who meet the requirements

of this subsection, and where applicable to the administrative

district. Former residents of the Commonwealth must have

relocated out of State for academic or employment purposes,

shall plan to establish Commonwealth residency within six months

of beginning employment in the classified service and must have:

(1) graduated from a public, private or nonpublic secondary

school in the Commonwealth or satisfied the requirements of

sections 1327 and 1327.1 of the act of March 10, 1949 (P.L.30,

No.14), known as the "Public School Code of 1949," within five

years of applying for a position in the classified service; (2)

satisfied the requirements of sections 1327 and 1327.1 of the

"Public School Code of 1949" or attended a public, private or

nonpublic school in the Commonwealth at least eighty percent of

the time while enrolled in grades one through twelve and

attended such school within five years of applying for a

position in the classified service; or (3) graduated or attended

a public, private or nonpublic secondary school in the

Commonwealth or satisfied the requirements of sections 1327 and

1327.1 of the "Public School Code of 1949" and graduated from a

postsecondary institution in the Commonwealth within five years

of applying for a position in the classified service.

Notwithstanding any of the provisions of this act, whenever an

appointing authority finds a lack of a sufficient number of

qualified personnel available for appointment to any particular

class or classes of positions, the appointing authority may

present evidence thereof to the director who may waive the

residence requirements for such class or classes of positions.

(c)  The director shall prepare the proper State and district

employment and promotion eligible lists: Provided, That after an

examination has been conducted for any class of positions, if

there is no person with such legal residence in any

administrative district, remaining on the register the director

shall certify and the appointing authority may make the

appointment or promotion from the names of persons on an

appropriate eligible list for the same class of positions of

other administrative districts. Limitations as to [age, sex,]

health, moral character, experience and other qualifications may

be specified in the rules of the commission and in the

announcements of the examinations. All applications for

positions in the classified service shall be subject to the

penalties of 18 Pa.C.S. § 4904 (relating to unsworn

falsification to authorities).

(d)  The commission may limit competition in promotion

examinations to employes in the classified service who have

completed their probationary period in a class or classes

designated in the public notice of the examinations, and may

permit promotions to be accomplished by any one of the following

plans: (1) by appointment from open competitive lists; or (2) by

achieving a place on an eligible list after a promotional

examination, such examination having been given at the request

of the appointing authority; or (3) by promotion based upon

meritorious service and seniority to be accomplished by

appointment without examination, if the person has completed the

probationary period in the next lower position and meets the

minimum requirements for the higher position.

(e)  To the extent permitted by law, when all applicants for

appointment or promotion to a position in the classified service

are equally qualified, preference will be shown to applicants

who are United States citizens over those who are not.

Section 2.  Sections 601 and 602 of the act, amended November

27, 2002 (P.L.1129, No.140), are amended to read:

Section 601.  Certification.--(a)  Whenever a vacancy [is

likely to occur or] is to be filled in the classified service,

the appointing authority shall submit to the director a

statement indicating the position to be filled. Unless the

appointing authority elects to follow one of the alternative

procedures provided for in this act, or unless there is in

existence a labor agreement covering promotions in the

classified service, in which case the terms and procedures of

such labor agreement relative to the procedures for promotions

shall be controlling, the director shall certify to the

appointing authority the names of the three eligibles who are

highest on the appropriate promotion list or employment list,

whichever is in existence, or from the one, which under the

rules of the commission, has priority.

(b)  If the appropriate employment or promotion certification

of eligibles contains fewer than three eligibles who are willing

to accept appointment or if there is no appropriate eligible

list, the appointing authority may appoint an available eligible

from the approved list or request the director to certify from

such other list or lists as the director deems the next most

nearly appropriate. If operational conditions of the appointing

authority [so dictate and it is found] dictate it to be in the

interest of the service to the Commonwealth, the commission may

authorize selective certifications based on standards to be

prescribed by the commission. Any person on any promotion or

employment list who waives consideration for promotion or

appointment need not be considered among the names from which a

promotion or appointment is to be made.

Section 602.  Selection and Appointment of Eligibles.--[If a

vacant position is to be filled, an] (a)  An appointing

authority may request the director to issue an appropriate

certification of eligibles to fill a vacant position unless a

labor agreement contains promotion procedures which are

inconsistent with this act, in which case the terms of such

labor agreement shall be controlling. The certification of

eligibles shall be valid for sixty work days.

(b)  If the vacant position is to be filled from an

employment or promotion list, the appointing authority shall

select a person who is among the three highest ranking available

persons on the certification of eligibles. In making the second,

third or any additional selection from the eligibles on an

employment or promotional certification, each selection shall be

from among the three highest scoring available persons remaining

on such certification of eligibles. After a person has been

rejected three times by an appointing authority in favor of

others on the same eligible list, such person shall not again be

certified to that appointing authority, except upon written

request from the appointing authority.

(c)  Appointing authorities shall promptly report to the

director the appointment of certified eligibles [who have been

certified]. If a certified eligible refuses to accept an offer

of employment, such refusal shall be promptly investigated by

the director and, if it be found that the refusal has been made

for improper or insufficient reasons, the director shall after

giving ten days' notice to such person remove the eligible from

the list.

(d)  Whenever an appointing authority utilizes multiple lists

of certified eligibles or alternative procedures to fill a

vacancy, the following shall apply:

(1)  Any list certified or furnished to the appointing

authority to fill a vacancy shall be used.

(2)  When utilizing multiple lists, the appointing authority

shall select from among the three highest ranking available

persons.

(3)  If a veteran appears on any list and at any time is

among the three highest ranking available persons, the

appointing authority shall select that person.

(e)  Persons applying for positions or promotions in the

classified service may only be disqualified from application,

certification or appointment or promotion for the following

reasons based on a preponderance of evidence:

(1)  The person is addicted to the use of narcotics or

intoxicating beverages when the addiction renders the applicant

unable to competently perform the duties of the position sought.

(2)  The person has been found guilty of crime or of conduct

which renders the person unfit for the position sought.

(3)  The person has been dismissed from employment for

incompetency or misconduct and the incompetency or misconduct

renders the person unfit for the position sought.

(4)  The person has a physical or mental disability which

renders the applicant unable to perform the essential functions

of the position and responsibilities with or without reasonable

accommodation.

(5)  The person has made a false statement or omitted a

material fact, or practiced or attempted to practice deception

or fraud in application, examination, in securing eligibility or

seeking appointment.

(f)  (1)  An appointing authority may only conduct interviews

of the highest ranking available persons on the certified or

furnished list for appointment or promotion.

(2)  An appointing authority shall take every step necessary

to ensure that all available eligibles ranked highest on a

certified or furnished list are afforded an opportunity to be

interviewed to fill a vacancy.

Section 3.  This act shall take effect immediately.