SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MILLARD, FREEMAN, KESSLER, GRUCELA, ROSS, GINGRICH AND CALTAGIRONE, MAY 26, 2009

SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, SEPTEMBER 21, 2010   

AN ACT

Amending the act of June 5, 1941 (P.L.84, No.45), entitled "An

act providing for and regulating the appointment, promotion

and reduction in rank, suspension and removal of paid members

of the police force in boroughs, incorporated towns and

townships of the first class maintaining a police force of

not less than three members; creating a civil service

commission in each borough, incorporated town and township of

the first class; defining the duties of such civil service

commission; imposing certain duties and expense on boroughs,

incorporated towns and townships of the first class; imposing

penalties, and repealing inconsistent laws," further

providing for general provisions relating to examinations,

for rejection of applicant and hearing, for manner of filling

appointments, for probationary period, for promotions and for

<--

physical examinations.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 11 of the act of June 5, 1941 (P.L.84,

No.45), entitled "An act providing for and regulating the

appointment, promotion and reduction in rank, suspension and

removal of paid members of the police force in boroughs,

incorporated towns and townships of the first class maintaining

a police force of not less than three members; creating a civil

service commission in each borough, incorporated town and

township of the first class; defining the duties of such civil

service commission; imposing certain duties and expense on

boroughs, incorporated towns and townships of the first class;

imposing penalties, and repealing inconsistent laws," amended

October 17, 1980 (P.L.1080, No.181), is amended to read:

Section 11.  General Provisions Relating to Examinations.--

(a)  Each commission shall make rules and regulations, to be

approved as provided in section 6 hereof, providing for the

examination of applicants for positions in the police force and

for promotions therein, which rules and regulations shall

prescribe the minimum qualifications of all applicants to be

examined and the passing grades. All examinations for positions

or promotions in the police force of any municipality shall be

practical in character and shall relate to such matters and

include such inquiries as will fairly test the 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 the minimum qualifications required by the

rules and regulations. Each applicant for examination shall:

(1)  be subject to the regulations adopted by the commission

[and shall be required to submit to a physical examination];

(2)  either before or after [being admitted to the regular

examination held by the commission.] 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 19 of this act.

(b)  Public notice of the time and place of every

examination, together with the information as to the kind of

position or place to be filled, shall be given by publication

once in a newspaper of general circulation in the municipality

or in a newspaper circulating generally in the municipality at

least two weeks prior to each examination, and a copy of the

notice shall be prominently posted in the office of the

commission or other public place.

(c)  The commission shall post in its office the [eligible] 

<--

eligibility list containing the names and grades of those who

have passed the examination for a position under this act.

<--

[Persons, male or female, who served in the military or naval

service of the United States during any war in which the United

States has been, is now or shall hereafter be engaged, and who

have honorable discharges from such service, who have

successfully passed the examination, shall be given the

additional credits and preference in appointment and promotion

provided for by any law of this Commonwealth.]

Section 2.  Sections 13, 14 and 16, 16 and 18 of the act are

<--

amended to read:

Section 13.  Rejection of Applicant; Hearing.--(a)  The

commission may refuse to examine any applicant, or, if examined,

may refuse to certify after examination as eligible anyone who

is found to lack any of the minimum qualifications for

examination prescribed in the rules and regulations adopted for

the position or employment for which he has applied, or who is

physically [disabled and] unfit for the performance of the

duties of the position to which he seeks employment, or [who is

addicted to the habitual use of intoxicating liquors or drugs] 

who is 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 guilty of any crime involving

moral turpitude or of infamous or notorious disgraceful conduct,

or who has been dismissed from public service for delinquency or

misconduct in office, or who is affiliated with any group whose

policies or activities are subversive to the form of government

set forth in the constitutions and laws of the United States and

Pennsylvania.

(b)  If any applicant or person [feels himself] is aggrieved

<--

by [the action] refusal of the commission [in refusing] to

<--

examine [him or to certify him] or certify the applicant as

<--

eligible after examination, the commission shall, at the request

<--

of [such person] the applicant, within ten (10) days, appoint a

<--

time and place [where he may appear personally and by counsel,

<--

whereupon] for a public hearing, with or without counsel, at

<--

which time the commission shall [then] take testimony and review

<--

its refusal to [make such] provide examination or certification

<--

[and take such testimony as may be offered]. The decision of the

<--

commission shall be final.

Section 14.  Eligibility List and Manner of Filling

Appointments.--(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 19 of this act, the

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 shall 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, extend the Prior to

<--

expiration of the one-year period, the commission may extend the

validity of the eligibility list for up to an additional twelve

months by a majority vote of the commission at a duly authorized

<--

commission meeting. In the absence of a lawful extension by the

commission, the list shall expire at the end of the original

<--

one-year period.

(b)  Every position or employment, except that of chief of

police or equivalent official, unless filled by promotion,

reinstatement or reduction shall be filled only in the following

manner: the appointing officer or body of the municipality shall

notify the commission of any vacancy in the police force which

is to be filled and shall request the certification of [a list

<--

of eligibles] an eligibility list. The commission shall certify

<--

[for each existing vacancy from the eligible list] the names of 

<--

the three persons [thereon] on the eligibility list who have

<--

received the highest average in the last preceding examination

[held within a period of one year next preceding the date of the

request for such eligibles] for each vacancy. The appointing

<--

officer or body shall [thereupon with sole reference to the

<--

merits and fitness of the candidates] make [an] a conditional 

<--

appointment from the three names certified, based solely on the

<--

merits and fitness of the candidates, unless [he or they make

<--

objections] the appointing officer or body makes an objection to

<--

the commission [as to] regarding one or more of the persons [so

<--

certified] on the eligibility list for any of the reasons

<--

[stated in] provided under section 13 of this act. Should [such

<--

objections] an objection be sustained by the commission as

<--

provided in [said] section 13 of this act, or if the conditional

<--

appointee is determined to be unqualified in accordance with the

procedures set forth in section 19 of this act, the commission

shall [thereupon] strike the name of [such] the person from the

<--

[eligible] eligibility list and certify the next highest name

<--

for each name stricken [off] from the eligibility list. As each

<--

subsequent vacancy occurs in the same or another position

precisely the same procedure shall be followed.

(c)  In the case of a vacancy in the office of chief of

police or equivalent official the appointive power may nominate

a person to the commission. It shall thereupon become the duty

of the commission to subject such person to a noncompetitive

examination, and, if such person shall be certified by the

commission as qualified, he may then be appointed to such

position and thereafter shall be subject to all the provisions

of this act.

Section 16.  Probationary Period.--All original appointments

to any position in the police force shall be for a probationary

period of six months, but during the probationary period an

appointee may be dismissed only for a cause specified in section

13 of this act or because of incapacity for duty due to the use

of alcohol or drugs. If at the close of a probationary period

the conduct or fitness of the probationer has not been

satisfactory to the appointing officer or body the probationer

shall be notified in writing that he will not receive a

permanent appointment[. Thereupon his], and the appointment

<--

shall cease[; otherwise]. If the probationer is not notified or

<--

dismissed in accordance with this section, his retention shall

be equivalent to a permanent appointment.

Section 18.  Promotions.--Promotions shall be based on merits

<--

to be ascertained by examinations to be prescribed by the

commission. All questions relative to promotions shall be

practical in character and such as will fairly test the merit

and fitness of persons seeking promotion. The appointing officer

or body shall notify the commission of a vacancy in the police

force which is to be filled by promotion and shall request the

certification of an eligibility list. The commission shall

certify for each existing vacancy the names of three persons on

the eligibility list who have received the highest average in

the last preceding promotional examination held within a period

of two years next preceding the date of the request for the

eligibility list for each vacancy. If three names are not

available, the commission shall certify the names remaining on

the eligibility list. The appointing officer or body shall make

an appointment from the names certified based solely on the

merits and fitness of the candidates unless the appointing

officer or body makes objections to the commission regarding one

or more of the persons certified for any reason provided in

section 13 of this act.

The appointing officer or body shall have power to determine

in each instance whether an increase in salary shall constitute

a promotion.

Section 3.  Section 19 of the act, amended October 17, 1980

(P.L.1080, No.181), is amended to read:

Section 19.  Physical and Psychological Medical 

Examinations.--[All applicants for examination shall undergo a

physical examination as provided in section 11 which shall be

conducted under the supervision of a doctor of medicine

appointed by the civil service commission. No person shall be

eligible for appointment until said doctor certifies that the

applicant is free from any bodily or mental defects, deformity,

or disease that might incapacitate him from the discharge of the

duties of the position desired.] (a)  An applicant selected from

the eligibility list shall receive a conditional offer of

employment. The offer of employment shall be conditioned upon

the conditional appointee undergoing a physical and

psychological medical examination and a determination that the

conditional appointee 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

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 the person's ability to perform

<--

all of the essential functions of the position for which he or

<--

she the person 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 or body

<--

shall meet with the conditional appointee for the purpose of

having one or more interactive discussions focused on the issue

<--

of on 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 under subsection (c), the appointing officer or body

<--

determines that the conditional appointee is not qualified, the

appointing officer or body shall give written notice to the

conditional appointee and the commission.

(e)  Nothing in this act shall be construed as authorizing to

<--

authorize 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 an 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 the amendment of section 11,

13, 14, 16, 18 or 19 of the act shall affect the validity of any

<--

civil service appointment appointments or promotions made prior

<--

to the effective date of this section.

Section 5.  This act shall take effect immediately.