| SENATE AMENDED |
| PRIOR PRINTER'S NO. 1884 | PRINTER'S NO. 3165 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY FREEMAN, GRUCELA, ROSS, GINGRICH, KESSLER AND CALTAGIRONE, MAY 26, 2009 |
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| SENATOR EICHELBERGER, LOCAL GOVERNMENT, IN SENATE, AS AMENDED, FEBRUARY 2, 2010 |
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| AN ACT |
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1 | Amending the act of June 23, 1931 (P.L.932, No.317), entitled |
2 | "An act relating to cities of the third class; and amending, |
3 | revising, and consolidating the law relating thereto," in |
4 | civil service, further providing for rules and regulations |
5 | and examinations and for selection of appointee from a |
6 | certified list of applicants. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. The act of June 23, 1931 (P.L.932, No.317), known |
10 | as The Third Class City Code, reenacted and amended June 28, |
11 | 1951 (P.L.662, No.164), is amended by adding a section to read: |
12 | Section 4404.1. Physical and Psychological Medical |
13 | Examinations.--(a) A board may require that an applicant |
14 | conditionally appointed in accordance with section 4406 of this |
15 | act undergo a physical or psychological medical examination as a |
16 | condition of permanent appointment. Physical medical |
17 | examinations, if required, shall be under the direction of a |
18 | physician or other qualified medical professional. Psychological |
19 | medical examinations, if required, shall be under the direction |
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1 | of a psychiatrist or psychologist. |
2 | (b) A physician, other qualified medical professional, |
3 | psychiatrist or psychologist shall be appointed by council and |
4 | shall render an opinion as to whether the conditional appointee |
5 | has a physical or mental condition which calls into question his |
6 | or her ability to perform all of the essential functions of the |
7 | position for which he or she was conditionally appointed. |
8 | (c) If the opinion rendered by the medical examiner | <-- |
9 | physician, other qualified medical professional, psychiatrist or | <-- |
10 | psychologist calls into question the conditional appointee's |
11 | ability to perform all essential functions of a position, the |
12 | director of the department within which the position is to be |
13 | filled shall meet with the conditional appointee for the purpose |
14 | of having one or more interactive discussions focused on the |
15 | issue of whether the conditional appointee can, with or without |
16 | reasonable accommodation, perform all the essential functions of |
17 | the position. |
18 | (d) If, at the conclusion of the interactive discussion |
19 | process, the department director determines that the conditional |
20 | appointee is not qualified, the department director shall give |
21 | written notice to the conditional appointee and the board. |
22 | (e) Nothing in this act shall be construed as authorizing |
23 | physical or psychological medical examinations prior to |
24 | conditional appointment in accordance with section 4406 of this |
25 | act. |
26 | (f) As used in this section, the term "medical the following | <-- |
27 | definitions shall apply: |
28 | "Medical examination" shall mean any examination, procedure, |
29 | inquiry or test designed to obtain information about medical |
30 | history or a physical or mental condition which might disqualify |
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1 | an applicant if it would prevent the applicant from performing, |
2 | with or without reasonable accommodation, all of the essential |
3 | functions of the position. |
4 | "Physician" shall have the meaning given to it in 1 Pa.C.S. § | <-- |
5 | 1991 (relating to definitions). |
6 | "Qualified medical professional" shall mean an individual, in |
7 | collaboration with or under the supervision or direction of a |
8 | physician, as may be required by law, who is licensed: |
9 | (1) as a physician assistant pursuant to the act of December |
10 | 20, 1985 (P.L.457, No.112), known as the "Medical Practice Act |
11 | of 1985," or the act of October 5, 1978 (P.L.1109, No.261), |
12 | known as the "Osteopathic Medical Practice Act"; or |
13 | (2) as a certified registered nurse practitioner pursuant to |
14 | the act of May 22, 1951 (P.L.317, No.69), known as "The |
15 | Professional Nursing Law." |
16 | Section 2. Section 4406 of the act, amended October 13, 1965 |
17 | (P.L.579, No.300), is amended to read: |
18 | Section 4406. Selection of Appointee from Certified List of |
19 | Applicants.--Said boards shall make and keep, in numerical |
20 | order, a list containing the names of all applicants for civil |
21 | service positions in said city who may pass the required [mental |
22 | and physical examinations.] examinations, including any required |
23 | physical fitness or agility examinations that are job-related |
24 | and consistent with business necessity. Where more than one |
25 | person takes examinations for any of said positions at the same |
26 | time, the names of all those successfully passing such |
27 | examination shall be entered upon the list of eligible names in |
28 | the order of their respective percentages, the highest coming |
29 | first. The board shall furnish to council a certified copy of |
30 | all lists so prepared and kept. Wherever any vacancy shall occur |
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1 | in any civil service position in said city, the city council |
2 | shall make written application to the president of the proper |
3 | board, who shall forthwith certify to the city council, in |
4 | writing, the three names on the list of applicants for such |
5 | position having the highest percentage, but if there be less |
6 | than three eligible names on such list, the board shall certify |
7 | such name or names. Thereupon the director of the department in |
8 | which such appointment is to be made shall nominate to the city |
9 | council a person from the list submitted to fill such vacancy. |
10 | If the city council approves such nomination, the person |
11 | nominated shall be conditionally appointed by council to fill |
12 | such vacancy, and shall be assigned for service in the |
13 | department[.], subject to any physical or psychological medical |
14 | examinations that may be required by the appropriate examining |
15 | board as a condition of permanent appointment in accordance with |
16 | section 4404.1 of this act. If the council does not approve such |
17 | nomination, or if the appointee is determined by the medical |
18 | examination process to be unqualified, then the director of the |
19 | department in which such appointment is to be made shall submit |
20 | another nomination for such position from the remaining names, |
21 | if any, and if such nomination is not approved by the council, |
22 | or if the appointee is determined by the medical examination |
23 | process to be unqualified, he shall submit the third name, if |
24 | any. The person whose nomination by the director is approved by |
25 | the city council shall be appointed to fill such a position in |
26 | the department or as building inspector. In all cases the boards |
27 | may recommend those in the employ of a department for promotion |
28 | in case the person recommended is competent for the higher |
29 | position. The name of the person so appointed shall be |
30 | immediately stricken from the list of said board, and the names |
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1 | of the rejected persons shall immediately be restored to their |
2 | proper place in said list: Provided, however, That if the name |
3 | of any applicant has been submitted to the said council and been |
4 | rejected three times or the appointee has been determined by the |
5 | medical examination process to be unqualified, then such name |
6 | shall be stricken from the eligible list. As used in this |
7 | section, the term "medical examination" shall have the meaning |
8 | given it in section 4404.1 of this act. |
9 | Section 3. Nothing contained in the addition of section |
10 | 4404.1 of the act or the amendment of section 4406 of the act |
11 | shall affect the validity of any civil services appointments |
12 | made prior to the effective date of this section. |
13 | Section 4. This act shall take effect immediately. |
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