PRINTER'S NO. 2328
No. 1819 Session of 1989
INTRODUCED BY CIVERA, ADOLPH, JOHNSON, ROBINSON, TRELLO,
CARLSON, MICOZZIE, NAHILL, DEMPSEY, KUKOVICH, RAYMOND,
E. Z. TAYLOR, FOX, OLASZ, TANGRETTI, LASHINGER, GANNON,
STABACK, BELARDI, DIETTERICK, BILLOW, BUNT, JAMES, MORRIS,
FLICK AND STRITTMATTER, JUNE 30, 1989
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JUNE 30, 1989
AN ACT
1 Providing for civil service preference for volunteer
2 firefighters.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Volunteer
7 Firefighters' Preference Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Commission." The body or person charged by law with the
13 administration and enforcement of civil service provisions
14 affecting firefighters in a municipality.
15 "Firefighting duties." Driving a fire apparatus to or from a
16 fire and participating in activities at the scene of a fire
1 directly related to extinguishing the fire. The term does not
2 include activities which are only incidentally related to
3 fighting a fire, such as directing traffic or providing medical
4 care to fire victims.
5 "Volunteer firefighter." A person who:
6 (1) consistently made himself available for firefighting
7 duties as a member of a volunteer fire company for at least
8 five consecutive years; and
9 (2) performed firefighting duties at a minimum of 20
10 fires during his last five years of consecutive service as a
11 member of one or more volunteer fire companies.
12 Section 3. Preference.
13 (a) General rule.--If a volunteer firefighter successfully
14 passes a civil service appointment examination for a position as
15 a paid firefighter in a municipality, establishing that he
16 possesses the qualifications required by law for appointment to
17 such position, the firefighter's examination shall be marked or
18 graded an additional five points above the mark or grade
19 credited for the examination; and the total mark or grade
20 obtained shall represent the final mark or grade of the
21 firefighter and shall determine his standing on any eligible
22 list certified or furnished to the appointing power.
23 (b) Exceptions.--No firefighter shall receive a preference
24 under subsection (a) if any of the following applies:
25 (1) The firefighter performed no firefighting duties for
26 a period of two years or more prior to taking the civil
27 service examination, whether or not the firefighter was a
28 member of a volunteer fire company during any or all of the
29 period since he ceased performing firefighting duties.
30 (2) The firefighter discontinued firefighting duties for
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1 any of the following reasons:
2 (i) Physical or mental disability affecting his
3 ability to continue in service.
4 (ii) Neglect or violation of any official duties.
5 (iii) Inefficiency; negligence; intemperance;
6 disobedience of orders; or conduct unbecoming an officer.
7 (iv) Intoxication while on duty.
8 Section 4. Documentation.
9 The commission shall require a firefighter to produce
10 certification from each volunteer fire company with which he
11 served during the last five years of consecutive service prior
12 to taking the civil service examination. The certification shall
13 state whether the firefighter consistently made himself
14 available for firefighting duties, whether he actually performed
15 firefighting duties during the relevant period, and the number
16 of times he performed such duties during that period. In
17 addition, the commission may require a firefighter to produce
18 such documentation as it deems sufficient to establish
19 eligibility for the preference set forth in section 3.
20 Section 5. Repeals.
21 All acts and parts of acts are repealed insofar as they are
22 inconsistent with this act.
23 Section 6. Effective date.
24 This act shall take effect in 60 days.
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