| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 1883, 2062, 3164 | PRINTER'S NO. 4284 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY FREEMAN, ROSS, GINGRICH, KESSLER, GRUCELA AND CALTAGIRONE, MAY 26, 2009 |
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| SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, SEPTEMBER 21, 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 eligibility lists examinations, for | <-- |
10 | applications, for eligibility lists, for vacancies and |
11 | promotions and for physical examinations. |
12 | The General Assembly of the Commonwealth of Pennsylvania |
13 | hereby enacts as follows: |
14 | Section 1. Section 4 of the act of May 31, 1933 (P.L.1108, |
15 | No.272), entitled, as amended "An act providing for the |
16 | appointment, promotion, reduction, removal and reinstatement of |
17 | paid officers, firemen and employes of fire departments and of |
18 | fire alarm operators and fire box inspectors in the bureaus of |
19 | electricity in cities of the third class; defining the powers |
20 | and duties of civil service commissions for such purposes; and |
21 | fixing penalties," amended July 17, 2003 (P.L.29, No.13), is |
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1 | amended to read: |
2 | Section 4. (a) All examinations for positions or promotions |
3 | shall be practical in their character, and shall relate to such |
4 | matters, and include such inquiries, as will fairly and fully |
5 | test the comparative merit and fitness of the persons examined |
6 | to discharge the duties of the employment sought by them. All |
7 | examinations shall be open to all applicants who have fulfilled |
8 | the preliminary requirements required by this act without regard |
9 | to any applicant's place of residence at or prior to the date of |
10 | application. All applicants for any position in the fire |
11 | department and as fire alarm operators and fire box inspectors |
12 | in the bureau of electricity shall[,]: |
13 | (1) be subject to regulations adopted by the civil service |
14 | commission[, be required to submit to a physical examination |
15 | before being admitted to the regular examinations held by the |
16 | commission.]; |
17 | (2) either before or after the written examination, be |
18 | required to submit to a physical fitness or agility examination |
19 | that is job-related and consistent with business necessity; and |
20 | (3) if made a conditional offer of employment, be given a |
21 | physical and psychological medical examination in accordance |
22 | with section nine of this act. |
23 | (b) Adequate public notice of the time and place of every |
24 | examination held under the provisions of this act, together with |
25 | information as to the kind of position or place to be filled, |
26 | shall be given at least one week prior to such examinations. The |
27 | commission shall adopt reasonable regulations for permitting the |
28 | presence of representatives of the press at the examinations. |
29 | The commission shall post, in a public place at its office, the |
30 | eligible lists, containing the names and grades of those who |
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1 | have passed examinations, and shall indicate [thereon such] the | <-- |
2 | appointments [as may be] made from [said] the lists. | <-- |
3 | Section 2. Sections 5 and 6, 6 and 8 of the act are amended | <-- |
4 | to read: |
5 | Section 5. (a) The civil service commission in each city |
6 | shall require persons applying for admission to any examination |
7 | provided for under this act, or under the rules and regulations |
8 | of the [said] commission, to file in its office, within a | <-- |
9 | reasonable time prior to the proposed examination, a formal |
10 | application, in which the applicant shall state under oath or |
11 | affirmation--- |
12 | First. His full name, residence, and post office address. |
13 | Second. His citizenship, age, and the place and date of his |
14 | birth. |
15 | Third. His health, and his physical capacity for public |
16 | service. |
17 | Fourth. His business and employments and residences for at |
18 | least three years previous. |
19 | Fifth. Such other information as may reasonably be required, |
20 | [touching] regarding the applicant's qualifications and fitness | <-- |
21 | for the [public service] position. | <-- |
22 | Blank (b) Blank forms for [such] applications shall be | <-- |
23 | furnished by the commission, without charge, to all persons |
24 | requesting the same. The commission may require, in connection |
25 | with [such] the application, [such] all certificates of | <-- |
26 | citizens, physicians or others, having knowledge of the |
27 | applicant, as [the good of the service may require] deemed | <-- |
28 | appropriate. The commission may refuse to examine an applicant, |
29 | or, after examination, to certify [as eligible, one who is found | <-- |
30 | to lack] an applicant who lacks any of the established | <-- |
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1 | preliminary requirements for the examination [or], position or | <-- |
2 | employments for which [he] the applicant applies; or who is | <-- |
3 | physically [so disabled as to be rendered] unfit for the |
4 | performances of the duties of the position to which [he] the | <-- |
5 | applicant seeks appointment; or who is [addicted to the habitual |
6 | use of intoxicating liquors or drugs;] illegally using a |
7 | controlled substance, as defined in section 102 of the |
8 | Controlled Substances Act (Public Law 91-513, 21 U.S.C. § 802); |
9 | or who has been convicted of any crime, or whose conduct is |
10 | infamous or notoriously disgraceful; or who has been dismissed |
11 | from the public service for delinquency or misconduct; or who |
12 | has made a false statement of any material fact, or practiced or |
13 | attempted to practice any deception or fraud in [his] the | <-- |
14 | application, [in his] examination[, or in establishing his] or | <-- |
15 | establishment of eligibility; or who refuses to comply with the |
16 | rules and regulations of the commission. |
17 | (b) No application will be received if the person applying | <-- |
18 | is less than eighteen years of age or more than thirty-five |
19 | years of age at the date of application: Provided, however, That |
20 | in the event any applicant has formerly served in the fire |
21 | department or as a fire alarm operator or fire box inspector in |
22 | the bureau of electricity of the city to which application is |
23 | made for a period of more than six months, and no charges of |
24 | misconduct or other misfeasance were made against the applicant |
25 | within a period of two years next preceding the date of |
26 | application, and the applicant is a resident of the city, then |
27 | the person shall be eligible for reinstatement, in the |
28 | discretion of the civil service commission, even though the |
29 | applicant is over thirty-five years of age. The applicant, |
30 | providing the applicant's former term of service so justifies, |
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1 | may be reappointed to the fire department or as a fire alarm |
2 | operator or fire box inspector in the bureau of electricity |
3 | without examination, other than a physical examination in |
4 | accordance with section nine of this act. If the person is |
5 | reinstated, the person shall be the lowest in rank in the |
6 | department next above the probationers of the department. |
7 | (c) (1) No application will be accepted if the person | <-- |
8 | applying is less than eighteen years of age or more than thirty- |
9 | five years of age at the date of application. A person who is |
10 | over thirty-five years of age shall be eligible for |
11 | reinstatement at the discretion of the commission if all of the |
12 | following apply: |
13 | (i) The applicant has formerly served in the fire department |
14 | or as a fire alarm operator or fire box inspector in the bureau |
15 | of electricity of the city to which application has been made |
16 | for a period of more than six months. |
17 | (ii) No charges of misconduct or other misfeasance were made |
18 | against the applicant within a period of more than two years |
19 | preceding the date of application. |
20 | (iii) The applicant is a resident of the city. |
21 | (2) The applicant, providing the applicant's former term of |
22 | service was satisfactory, may be reappointed to the fire |
23 | department or as a fire alarm operator or fire box inspector in |
24 | the bureau of electricity without examination, other than a |
25 | physical examination required under section 9. If the person is |
26 | reinstated, the person shall be the lowest in rank immediately |
27 | above the probationers of the department. |
28 | (c) (d) If any applicant [feels himself] is aggrieved by | <-- |
29 | [the action] refusal of the commission [in refusing] to examine | <-- |
30 | [him, or, after an examination, to certify him as an] or certify | <-- |
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1 | the applicant as eligible, as provided in this section, the |
2 | commission shall, at the request of [such] the applicant, | <-- |
3 | appoint a time and place for a public hearing, at which time |
4 | [such] the applicant may appear, [by himself or counsel, or | <-- |
5 | both] with or without counsel, and the commission shall [then] | <-- |
6 | take testimony and review its refusal to [make such] provide | <-- |
7 | examination or certification[, and testimony shall be taken]. | <-- |
8 | The commission shall subpoena, at the expense of the applicant, |
9 | any competent witnesses requested by [him. After such review] | <-- |
10 | the applicant. Following the public hearing, the commission |
11 | shall file the testimony taken in its records, and shall again |
12 | make a decision, which decision shall be final. |
13 | Section 6. (a) At the completion of the testing process, |
14 | including any background, physical agility or other |
15 | examinations, with the exception of physical and psychological |
16 | medical examinations pursuant to section nine of this act, the |
17 | civil service commission shall rank the candidates who have |
18 | satisfied the minimum requirements for appointment on an |
19 | eligibility list. The eligibility list shall contain the names |
20 | of individuals eligible for appointment listed from highest to |
21 | lowest based on their scores on the examinations administered by |
22 | the commission and any points for which the applicant was |
23 | entitled by virtue of 51 Pa.C.S. Ch. 71 (relating to veterans' |
24 | preference). The eligibility list will be valid for one year |
25 | from the date the commission ranks all passing applicants, |
26 | assigns veterans' preference points and formally adopts the |
27 | eligibility list. The commission may, at its sole discretion |
28 | before the original expiration date, by a vote of the majority |
29 | of the commission at a duly authorized commission meeting, |
30 | extend the list for up to an additional twelve months. In the |
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1 | absence of a lawful extension by the commission, the list shall |
2 | expire. |
3 | (b) Every position or employment, unless filled by |
4 | promotion, reinstatement, or reduction, shall be filled only in |
5 | the following manner: The appointing officer shall notify the |
6 | civil service commission of any vacancy in the service which he |
7 | desires to fill, and shall request the certification of |
8 | [eligibles] an eligibility list. The commission shall forthwith | <-- |
9 | certify[, from the appropriate eligible list,] the names of the | <-- |
10 | three persons [thereon] who received the highest averages at the | <-- |
11 | last preceding examination [held under the provisions of this | <-- |
12 | act]. The appointing officer shall, [thereupon,] with sole | <-- |
13 | reference to the relative merit and fitness of the candidates, |
14 | make [an] a conditional appointment from the three names [so] | <-- |
15 | certified on the eligibility list. If the appointing officer | <-- |
16 | makes objection to the commission to one or more of the persons |
17 | named for any of the reasons stated in section five of this act, |
18 | and if such objections are sustained by the commission, or if a |
19 | conditional appointee is determined to be unqualified in |
20 | accordance with the procedures set forth in section nine of this |
21 | act, the commission shall [thereupon] strike the name of [such] | <-- |
22 | the person from the [eligible] eligibility list, and certify the | <-- |
23 | next highest name for each person so stricken off. If any name |
24 | shall be three times rejected for the same or another position, |
25 | [such] the name shall be stricken from the list. When there are | <-- |
26 | a number of positions of the same kind to be filled at the same |
27 | time, each appointment shall be made separately and in |
28 | accordance with the foregoing provisions. |
29 | Section 8. Vacancies in positions in the fire department and | <-- |
30 | as fire alarm operators and fire box inspectors in the bureau of |
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1 | electricity shall be filled, so far as practicable, by |
2 | promotions from among persons holding positions in the next |
3 | lower grade in the department. Promotions shall be based upon |
4 | merit, to be ascertained by tests to be provided by the civil |
5 | service commission[, and upon the superior qualifications of the |
6 | persons promoted, as shown by his previous service and |
7 | experience: Provided, however, That no person]. The appointing |
8 | officer shall notify the commission of a vacancy in the position |
9 | which the appointing officer desires to fill by promotion and |
10 | shall request the certification of an eligibility list. The |
11 | commission shall certify for each vacancy the names of the three |
12 | persons on the eligibility list who have received the highest |
13 | average in the last promotional examination held within a period |
14 | of two years preceding the date of the request for the |
15 | eligibility list. If three names are not available, the |
16 | commission shall certify the names remaining on the eligibility |
17 | list. The appointing officer shall make an appointment from the |
18 | names certified based solely on the merits and fitness of the |
19 | candidate unless the appointing officer makes objections to the |
20 | commission regarding any person on the eligibility list for any |
21 | reason provided under section 5. No person, however, shall be |
22 | eligible for promotion from the lower grade to the next higher |
23 | grade until such person shall have completed at least two years |
24 | service in the next lower grade in the department. The |
25 | commission shall have the power to determine in each instance |
26 | whether an increase in salary constitutes a promotion. |
27 | Section 3. Section 9 of the act, amended June 16, 1972 |
28 | (P.L.427, No.125), is amended to read: |
29 | Section 9. [All applicants for any position in the fire |
30 | department and as fire alarm operators and fire box inspectors |
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1 | in the bureau of electricity shall undergo a physical |
2 | examination, which shall be conducted under the supervision of |
3 | the physician member of the civil service commission, or if |
4 | there be none, then by a physician appointed by the civil |
5 | service commission. Said examiner shall certify that an |
6 | applicant is free from any bodily or mental defects, deformity |
7 | or diseases that might incapacitate him from the performance of |
8 | the duties of the position desired before said applicant shall |
9 | be permitted to take further examinations. No application will |
10 | be received if the person applying is less than eighteen years |
11 | of age or more than thirty-five years of age at the date of his |
12 | application: Provided, however, That in event any applicant has |
13 | formerly served in the fire department or as a fire alarm |
14 | operator or fire box inspector in the bureau of electricity of |
15 | the city to which he makes application for a period of more than |
16 | six months, and no charges of misconduct or other misfeasance |
17 | were made against such applicant within a period of two years |
18 | next preceding the date of his application, and is a resident of |
19 | the city, then such person shall be eligible for reinstatement, |
20 | in the discretion of the civil service commission, even though |
21 | such applicant shall be over the age of thirty-five years. Such |
22 | applicant, providing his former term of service so justifies, |
23 | may be reappointed to the fire department or as a fire alarm |
24 | operator or fire box inspector in the bureau of electricity |
25 | without examination, other than a physical examination. If such |
26 | person is reinstated, he shall be the lowest in rank in the |
27 | department next above the probationers of the department.] (a) |
28 | An applicant selected from the eligibility list shall receive a |
29 | conditional offer of employment. The offer of employment shall |
30 | be conditioned upon the applicant undergoing a physical and, if |
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1 | required by the rules and regulations of the commission, a |
2 | psychological medical examination, and a determination by the |
3 | commission that the applicant is capable of performing all the |
4 | essential functions of the position. Physical medical |
5 | examinations shall be under the direction of a physician or |
6 | other qualified medical professional. Psychological medical |
7 | examinations shall be under the direction of a psychiatrist or |
8 | psychologist. |
9 | (b) The physician or other qualified medical professional |
10 | and the psychiatrist or psychologist shall be appointed by the |
11 | council and shall render an opinion as to whether the |
12 | conditional appointee has a physical or mental condition which |
13 | calls into question his or her the person's ability to perform | <-- |
14 | all of the essential functions of the position for which he or | <-- |
15 | she the person was conditionally appointed. | <-- |
16 | (c) If the opinion rendered by the medical examiner | <-- |
17 | physician, other qualified medical professional, psychiatrist or | <-- |
18 | psychologist calls into question the conditional appointee's |
19 | ability to perform all essential functions of a position, a |
20 | person or persons designated by the appointing officer shall | <-- |
21 | meet with the conditional appointee for the purpose of having |
22 | one or more interactive discussions focused on the issue of on | <-- |
23 | whether the conditional appointee can, with or without |
24 | reasonable accommodation, perform all the essential functions of |
25 | the position. |
26 | (d) If, at the conclusion of the interactive discussion |
27 | process under subsection (c), the appointing officer determines | <-- |
28 | that the conditional appointee is not qualified, the appointing |
29 | officer shall give written notice to the conditional appointee |
30 | and the board. |
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1 | (e) Nothing in this act shall be construed as authorizing to | <-- |
2 | authorize physical or psychological medical examinations prior |
3 | to conditional appointment. |
4 | (f) As used in this section, the term "medical the following | <-- |
5 | definitions shall 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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