Bill Text: PA HB1516 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: An Act amending the act of May 31, 1933 (P.L.1108, No.272), entitled, as amended, "An act providing for the appointment, promotion, reduction, removal and reinstatement of paid officers, firemen and employes of fire departments and of fire alarm operators and fire box inspectors in the bureaus of electricity in cities of the third class; defining the powers and duties of civil service commissions for such purposes; and fixing penalties," further providing for examinations, for applications, for eligibility lists, for vacancies and promotions and for physical examinations.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Passed) 2010-10-19 - Act No. 76 [HB1516 Detail]

Download: Pennsylvania-2009-HB1516-Amended.html

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SENATE AMENDED
PRIOR PRINTER'S NOS. 1883, 2062 PRINTER'S NO. 3164
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1516 Session of2009
INTRODUCED BY FREEMAN, ROSS, GINGRICH, KESSLER, GRUCELA AND CALTAGIRONE, MAY 26, 2009
SENATOR EICHELBERGER, LOCAL GOVERNMENT, IN SENATE, AS AMENDED, FEBRUARY 2, 2010
AN ACT
Amending the act of May 31, 1933 (P.L.1108, No.272), entitled,
as amended, "An act providing for the appointment, promotion,
reduction, removal and reinstatement of paid officers,
firemen and employes of fire departments and of fire alarm
operators and fire box inspectors in the bureaus of
electricity in cities of the third class; defining the powers
and duties of civil service commissions for such purposes;
and fixing penalties," further providing for civil service
examinations and eligibility lists.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4 of the act of May 31, 1933 (P.L.1108,
No.272), entitled, as amended "An act providing for the
appointment, promotion, reduction, removal and reinstatement of
paid officers, firemen and employes of fire departments and of
fire alarm operators and fire box inspectors in the bureaus of
electricity in cities of the third class; defining the powers
and duties of civil service commissions for such purposes; and
fixing penalties," amended July 17, 2003 (P.L.29, No.13), is
amended to read:
Section 4. (a) All examinations for positions or promotions
shall be practical in their character, and shall relate to such
matters, and include such inquiries, as will fairly and fully
test the comparative merit and fitness of the persons examined
to discharge the duties of the employment sought by them. All
examinations shall be open to all applicants who have fulfilled
the preliminary requirements required by this act without regard
to any applicant's place of residence at or prior to the date of
application. All applicants for any position in the fire
department and as fire alarm operators and fire box inspectors
in the bureau of electricity shall[,]:
(1) be subject to regulations adopted by the civil service
commission[, be required to submit to a physical examination
before being admitted to the regular examinations held by the
commission.];
(2) either before or after the written examination, be
required to submit to a physical fitness or agility examination
that is job-related and consistent with business necessity; and
(3) if made a conditional offer of employment, be given a
physical and psychological medical examination in accordance
with section nine of this act.
(b) Adequate public notice of the time and place of every
examination held under the provisions of this act, together with
information as to the kind of position or place to be filled,
shall be given at least one week prior to such examinations. The
commission shall adopt reasonable regulations for permitting the
presence of representatives of the press at the examinations.
The commission shall post, in a public place at its office, the
eligible lists, containing the names and grades of those who
have passed examinations, and shall indicate thereon such
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appointments as may be made from said lists.
Section 2. Sections 5 and 6 of the act are amended to read:
Section 5. (a) The civil service commission in each city
shall require persons applying for admission to any examination
provided for under this act, or under the rules and regulations
of the said commission, to file in its office, within a
reasonable time prior to the proposed examination, a formal
application, in which the applicant shall state under oath or
affirmation---
First. His full name, residence, and post office address.
Second. His citizenship, age, and the place and date of his
birth.
Third. His health, and his physical capacity for public
service.
Fourth. His business and employments and residences for at
least three years previous.
Fifth. Such other information as may reasonably be required,
touching the applicant's qualifications and fitness for the
public service.
Blank forms for such applications shall be furnished by the
commission, without charge, to all persons requesting the same.
The commission may require, in connection with such application,
such certificates of citizens, physicians or others, having
knowledge of the applicant, as the good of the service may
require. The commission may refuse to examine an applicant, or,
after examination, to certify as eligible, one who is found to
lack any of the established preliminary requirements for the
examination or position or employments for which he applies; or
who is physically [so disabled as to be rendered] unfit for the
performances of the duties of the position to which he seeks
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appointment; or who is [addicted to the habitual use of
intoxicating liquors or drugs;] illegally using a controlled
substance, as defined in section 102 of the Controlled
Substances Act (Public Law 91-513, 21 U.S.C. § 802); or who has
been convicted of any crime, or whose conduct is infamous or
notoriously disgraceful; or who has been dismissed from the
public service for delinquency or misconduct; or who has made a
false statement of any material fact, or practiced or attempted
to practice any deception or fraud in his application, in his
examination, or in establishing his eligibility; or who refuses
to comply with the rules and regulations of the commission.
(b) No application will be received if the person applying
is less than eighteen years of age or more than thirty-five
years of age at the date of application: Provided, however, That
in the event any applicant has formerly served in the fire
department or as a fire alarm operator or fire box inspector in
the bureau of electricity of the city to which application is
made for a period of more than six months, and no charges of
misconduct or other misfeasance were made against the applicant
within a period of two years next preceding the date of
application, and the applicant is a resident of the city, then
the person shall be eligible for reinstatement, in the
discretion of the civil service commission, even though the
applicant is over thirty-five years of age. The applicant,
providing the applicant's former term of service so justifies,
may be reappointed to the fire department or as a fire alarm
operator or fire box inspector in the bureau of electricity
without examination, other than a physical examination in
accordance with section nine of this act. If the person is
reinstated, the person shall be the lowest in rank in the
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department next above the probationers of the department.
(c) If any applicant feels himself aggrieved by the action
of the commission in refusing to examine him, or, after an
examination, to certify him as an eligible, as provided in this
section, the commission shall, at the request of such applicant,
appoint a time and place for a public hearing, at which time
such applicant may appear, by himself or counsel, or both, and
the commission shall then review its refusal to make such
examination or certification, and testimony shall be taken. The
commission shall subpoena, at the expense of the applicant, any
competent witnesses requested by him. After such review, the
commission shall file the testimony taken in its records, and
shall again make a decision, which decision shall be final.
Section 6. (a) At the completion of the testing process,
including any background, physical agility or other
examinations, with the exception of physical and psychological
medical examinations pursuant to section nine of this act, the
civil service commission shall rank the candidates who have
satisfied the minimum requirements for appointment on an
eligibility list. The eligibility list shall contain the names
of individuals eligible for appointment listed from highest to
lowest based on their scores on the examinations administered by
the commission and any points for which the applicant was
entitled by virtue of 51 Pa.C.S. Ch. 71 (relating to veterans'
preference). The eligibility list will be valid for one year
from the date the commission ranks all passing applicants,
assigns veterans' preference points and formally adopts the
eligibility list. The commission may, at its sole discretion
before the original expiration date, by a vote of the majority
of the commission at a duly authorized commission meeting,
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extend the list for up to an additional twelve months. In the
absence of a lawful extension by the commission, the list shall
expire.
(b) Every position or employment, unless filled by
promotion, reinstatement, or reduction, shall be filled only in
the following manner: The appointing officer shall notify the
civil service commission of any vacancy in the service which he
desires to fill, and shall request the certification of
eligibles. The commission shall forthwith certify, from the
appropriate eligible list, the names of the three persons
thereon who received the highest averages at the last preceding
examination held under the provisions of this act. The
appointing officer shall, thereupon, with sole reference to the
relative merit and fitness of the candidates, make [an] a
conditional appointment from the three names so certified. If
the appointing officer makes objection to the commission to one
or more of the persons named for any of the reasons stated in
section five of this act, and if such objections are sustained
by the commission, or if a conditional appointee is determined
to be unqualified in accordance with the procedures set forth in
section nine of this act, the commission shall thereupon strike
the name of such person from the eligible list, and certify the
next highest name for each person so stricken off. If any name
shall be three times rejected for the same or another position,
such name shall be stricken from the list. When there are a
number of positions of the same kind to be filled at the same
time, each appointment shall be made separately and in
accordance with the foregoing provisions.
Section 3. Section 9 of the act, amended June 16, 1972
(P.L.427, No.125), is amended to read:
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Section 9. [All applicants for any position in the fire
department and as fire alarm operators and fire box inspectors
in the bureau of electricity shall undergo a physical
examination, which shall be conducted under the supervision of
the physician member of the civil service commission, or if
there be none, then by a physician appointed by the civil
service commission. Said examiner shall certify that an
applicant is free from any bodily or mental defects, deformity
or diseases that might incapacitate him from the performance of
the duties of the position desired before said applicant shall
be permitted to take further examinations. No application will
be received if the person applying is less than eighteen years
of age or more than thirty-five years of age at the date of his
application: Provided, however, That in event any applicant has
formerly served in the fire department or as a fire alarm
operator or fire box inspector in the bureau of electricity of
the city to which he makes application for a period of more than
six months, and no charges of misconduct or other misfeasance
were made against such applicant within a period of two years
next preceding the date of his application, and is a resident of
the city, then such person shall be eligible for reinstatement,
in the discretion of the civil service commission, even though
such applicant shall be over the age of thirty-five years. Such
applicant, providing his former term of service so justifies,
may be reappointed to the fire department or as a fire alarm
operator or fire box inspector in the bureau of electricity
without examination, other than a physical examination. If such
person is reinstated, he shall be the lowest in rank in the
department next above the probationers of the department.] (a)
An applicant selected from the eligibility list shall receive a
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conditional offer of employment. The offer of employment shall
be conditioned upon the applicant undergoing a physical and, if
required by the rules and regulations of the commission, a
psychological medical examination, and a determination by the
commission that the applicant is capable of performing all the
essential functions of the position. Physical medical
examinations shall be under the direction of a physician or
other qualified medical professional. Psychological medical
examinations shall be under the direction of a psychiatrist or
psychologist.
(b) The physician or other qualified medical professional
and the psychiatrist or psychologist shall be appointed by the
council and shall render an opinion as to whether the
conditional appointee has a physical or mental condition which
calls into question his or her ability to perform all of the
essential functions of the position for which he or she was
conditionally appointed.
(c) If the opinion rendered by the medical examiner <--
physician, other qualified medical professional, psychiatrist or <--
psychologist calls into question the conditional appointee's
ability to perform all essential functions of a position, a
person or persons designated by the appointing officer shall
meet with the conditional appointee for the purpose of having
one or more interactive discussions focused on the issue of
whether the conditional appointee can, with or without
reasonable accommodation, perform all the essential functions of
the position.
(d) If, at the conclusion of the interactive discussion
process, the appointing officer determines that the conditional
appointee is not qualified, the appointing officer shall give
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written notice to the conditional appointee and the board.
(e) Nothing in this act shall be construed as authorizing
physical or psychological medical examinations prior to
conditional appointment.
(f) As used in this section, the term "medical the following <--
definitions shall apply:
"Medical examination" shall mean any examination, procedure,
inquiry or test designed to obtain information about medical
history or a physical or mental condition which might disqualify
an applicant if it would prevent the applicant from performing,
with or without a reasonable accommodation, all of the essential
functions of the position.
"Physician" shall have the meaning given to it in 1 Pa.C.S. § <--
1991 (relating to definitions).
"Qualified medical professional" shall mean an individual, in
collaboration with or under the supervision or direction of a
physician, as may be required by law, who is licensed:
(1) as a physician assistant pursuant to the act of December
20, 1985 (P.L.457, No.112), known as the "Medical Practice Act
of 1985," or the act of October 5, 1978 (P.L.1109, No.261),
known as the "Osteopathic Medical Practice Act"; or
(2) as a certified registered nurse practitioner pursuant to
the act of May 22, 1951 (P.L.317, No.69), known as "The
Professional Nursing Law.
Section 4. Nothing contained in this act shall affect the
validity of any civil service appointments made prior to the
effective date of this section.
Section 5. This act shall take effect immediately.
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