PRINTER'S NO. 78
No. 69 Session of 1997
INTRODUCED BY LLOYD, JAROLIN, ITKIN, STABACK, McCALL, STETLER
AND CAPPABIANCA, JANUARY 28, 1997
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 28, 1997
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 promotion of employees in the classified service.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Section 501 of the act of August 5, 1941
18 (P.L.752, No.286), known as the Civil Service Act, amended
19 November 26, 1978 (P.L.1210, No.285), is amended to read:
20 Section 501. Examinations Requisite for Appointment and
21 Promotion.--Except as otherwise provided in this act,
22 appointments of persons entering the classified service or
23 promoted therein shall be from eligible lists established as the
1 result of examinations given by the director to determine the
2 relative merit of candidates. Such examinations may be written
3 and shall be competitive and open to all persons who may be
4 lawfully appointed to positions within the classes for which the
5 examinations are held, except that persons in unskilled
6 positions shall enter the classified service by promotion
7 without examination provided: (1) such promotion is into a
8 classified position immediately above the person's own position;
9 (2) such promotion is based on seniority and meritorious
10 service; (3) the person meets the minimum requirements for that
11 position; and (4) the person satisfactorily completes a six
12 month probationary period in the classified position. If no
13 persons in such unskilled positions meet the preceding
14 requirements, the vacant position may be filled pursuant to
15 Article V. Persons applying for positions or promotions in the
16 classified service shall be citizens of the United States and
17 residents of the Commonwealth and where applicable to the
18 administrative district. Notwithstanding any of the provisions
19 of this act, whenever an appointing authority finds a lack of a
20 sufficient number of qualified personnel available for
21 appointment to any particular class or classes of positions, he
22 may present evidence thereof to the director who may waive the
23 residence and citizenship requirements for such class or classes
24 of positions. A noncitizen appointed pursuant to the provisions
25 of this section shall not be eligible for continued employment
26 unless he files an application for citizenship as soon as he is
27 eligible therefor, and thereafter diligently prosecutes the
28 same. The director shall prepare the proper State and district
29 employment and promotion eligible lists: Provided, That after an
30 examination has been conducted for any class of positions, if
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1 there is no person with such legal residence in any
2 administrative district, remaining on the register the director
3 shall certify and the appointing authority may make the
4 appointment or promotion from the names of persons on an
5 appropriate eligible list for the same class of positions of
6 other administrative districts. Limitations as to age, sex,
7 health, moral character, experience and other qualifications may
8 be specified in the rules of the commission and in the
9 announcements of the examinations. All applications for
10 positions in the classified service shall be under oath. As far
11 as is in the judgment of the commission consistent with the best
12 interest of the Commonwealth, vacancies shall be filled by
13 promotion. The commission may limit competition in promotion
14 examinations to employes in the classified service who have
15 completed their probationary period in a class or classes
16 designated in the public notice of the examinations, and may
17 permit promotions to be accomplished by any one of the following
18 plans: (1) by appointment from open competitive lists; or (2) by
19 achieving a place on an eligible list after a promotional
20 examination, such examination having been given at the request
21 of the appointing authority; or (3) if there is not an open
22 competitive list, by promotion based upon meritorious service
23 and seniority to be accomplished by appointment without
24 examination, if (i) the person has completed his probationary
25 period in the next lower position, (ii) he meets the minimum
26 requirements for the higher position, and (iii) he receives the
27 unqualified recommendation of both his immediate superior and
28 the appointing authority of his department or agency.
29 Section 2. Nothing in this act shall be construed to
30 supersede an existing collective bargaining agreement or to
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1 diminish any right to bargain collectively regarding promotions
2 under the Civil Service Act or any other provision of law.
3 Section 3. This act shall take effect in 60 days.
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