PRINTER'S NO. 2241
No. 1836 Session of 1977
INTRODUCED BY OLIVER, HOEFFEL, KELLY, STAPLETON, HARPER, BARBER,
DUMAS, WIGGINS, RIEGER, McINTYRE AND CIANCIULLI,
NOVEMBER 2, 1977
REFERRED TO COMMITTEE ON STATE GOVERNMENT, NOVEMBER 2, 1977
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 demotions.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Section 706, act of August 5, 1941 (P.L.752,
18 No.286), known as the "Civil Service Act," amended August 27,
19 1963 (P.L.1257, No.520), is amended to read:
20 Section 706. Demotions.--An appointing authority may demote
21 to a vacant position in a lower class any employe in the
22 classified service (1) who does not satisfactorily perform the
23 duties of the position to which he was appointed or promoted and
1 who is able to perform the duties of the lower class, or (2)
2 whose position is reallocated to a lower class by reason of a
3 change in the employe's duties and responsibilities. In case of
4 [such] demotion for unsatisfactory performance of duties, the
5 employe shall have all rights of appeal as provided in this act.
6 In the case of demotions due to reallocation of position, the
7 right to appeal shall be limited to reasons under section 905.1
8 of this act. No employe shall be demoted because of his race,
9 religion or political, partisan or labor union affiliation. A
10 demotion may also be made by an appointing authority with the
11 approval of the director upon the written petition of the
12 employe stating the reasons therefor and supported by such
13 evidence as the director may require to show that the employe is
14 able to perform the duties of the class of position to which he
15 petitions that he be demoted.
16 Section 2. This act shall take effect immediately.
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