| SENATE AMENDED |
| PRIOR PRINTER'S NO. 1767 | PRINTER'S NO. 2625 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY ROSS, GINGRICH, CREIGHTON, FREEMAN AND SANTARSIERO, MAY 4, 2011 |
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| SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, OCTOBER 24, 2011 |
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| AN ACT |
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1 | Amending the act of February 1, 1966 (1965 P.L.1656, No.581), |
2 | entitled "An act concerning boroughs, and revising, amending |
3 | and consolidating the law relating to boroughs," in functions | <-- |
4 | of appointed officers and employees, further providing for |
5 | appointments and incompatible offices; and, in civil service |
6 | for police and firemen, further providing for examinations |
7 | and for eligibility list and manner of filling appointments. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Sections 1181 and 1184(a) of the act of February | <-- |
11 | 1, 1966 (1965 P.L.1656, No.581), known as The Borough Code, |
12 | amended October 27, 2010 (P.L.884, No.91), are amended to read: |
13 | Section 1. Section 1104 of the act of February 1, 1966 (1965 | <-- |
14 | P.L.1656, No.581), known as The Borough Code, amended June 25, |
15 | 2001 (P.L.651, No.56), is amended to read: |
16 | Section 1104. Appointments; Incompatible Offices.--(a) |
17 | Unless there is incompatibility in fact, any elective or |
18 | appointive officer of the borough shall be eligible to serve on |
19 | any board, commission, bureau or other agency created by or for |
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1 | the borough, or any borough office created or authorized by |
2 | statute and may accept appointments thereunder, but no mayor or |
3 | member of council shall receive compensation therefor. [No] |
4 | (b) The following apply to employment: |
5 | (1) Except as set forth in paragraph (2), no elected borough |
6 | official of a borough with a population of 3,000 or more may |
7 | serve as an employe of that borough. |
8 | (2) This subsection shall not apply to a borough official |
9 | serving as an employe of that borough prior to the certification |
10 | of a decennial census which indicates an increase in the |
11 | population of that borough to 3,000 or more. |
12 | (c) Where there is no incompatibility in fact, and subject |
13 | to the foregoing provisions as to compensation, appointees of |
14 | council may hold two or more appointive borough offices, but no |
15 | mayor or member of council may serve as borough manager or as |
16 | secretary or treasurer. |
17 | (d) No person holding the office of [justice of the peace] |
18 | magisterial district judge may at the same time hold the office |
19 | of borough treasurer. |
20 | (e) The offices of secretary and treasurer may be held by |
21 | the same person when so authorized by ordinance. |
22 | (f) Nothing herein contained shall affect the eligibility of |
23 | any borough official to hold any other public office or receive |
24 | compensation therefor. |
25 | (g) All appointments to be made by the council or the |
26 | corporate authorities shall be made by a majority of the members |
27 | of council attending the meeting at which the appointment is |
28 | made, unless a different vote is required by statute. |
29 | Section 1.1. Sections 1181 and 1184(a) of the act, amended |
30 | October 27, 2010 (P.L.884, No.91), are amended to read: |
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1 | Section 1181. General Provisions Relating to Examinations.-- |
2 | (a) The commission shall make rules and regulations, to be |
3 | approved as provided in section 1176 hereof, providing for the |
4 | examination of applicants for positions in the police force and |
5 | as paid operators of fire apparatus and for promotions, which |
6 | rules and regulations shall prescribe the minimum qualifications |
7 | of all applicants to be examined and the passing grades. All |
8 | examinations for positions or promotions shall be practical in |
9 | character and shall relate to such matters and include such |
10 | inquiries as will fairly test the merit and fitness of the |
11 | persons examined to discharge the duties of the employment |
12 | sought by them. All examinations shall be open to all applicants |
13 | who have the minimum qualifications required by the rules and |
14 | regulations. Each applicant for an original position shall: |
15 | (1) be subject to the regulations adopted by the commission; |
16 | (2) either before or after the written examination, be |
17 | required to submit to a physical fitness or agility examination |
18 | that is job related and consistent with business necessity; |
19 | [and] |
20 | (3) if made a conditional offer of employment, be given a |
21 | physical and psychological medical examination as provided in |
22 | section 1189 of this act[.]; and |
23 | (4) be subject to a background investigation. Background |
24 | investigations may be restricted to those candidates on an |
25 | eligibility list or those to be certified to borough council for |
26 | appointment in accordance with section 1184 of this act. |
27 | (a.1) Each applicant for promotion shall be subject to the |
28 | regulations adopted by the commission and to examination and |
29 | selection in accordance with section 1188 of this act. Physical |
30 | fitness or agility examinations that are job-related and |
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1 | consistent with business necessity and physical and |
2 | psychological medical examinations may, but need not, be |
3 | required for promotions. |
4 | (b) Public notice of the time and place of every |
5 | examination, together with the information as to the kind of |
6 | position or place to be filled, shall be given by publication |
7 | once in a newspaper of general circulation in the borough, at |
8 | least two weeks prior to each examination, and a copy of the |
9 | notice shall be prominently posted in the office of the |
10 | commission or other public place. |
11 | (c) The commission shall post in its office the eligible |
12 | list, containing the names and grades of those who have passed |
13 | the examination. |
14 | Section 1184. Eligibility List and Manner of Filling |
15 | Appointments.--(a) At the completion of the testing process, |
16 | including any [background,] physical agility or other |
17 | examination, with the exception of any background investigation |
18 | to be conducted after the establishment of an eligibility list |
19 | and physical and psychological medical examination pursuant to |
20 | section 1189 of this act, the commission shall rank the |
21 | candidates who have satisfied the minimum requirements for |
22 | appointment on an eligibility list. The eligibility list shall |
23 | contain the names of individuals eligible for appointment listed |
24 | from highest to lowest based on their scores on the examinations |
25 | administered by the commission and any points for which the |
26 | applicant was entitled by virtue of 51 Pa.C.S. Ch. 71 (relating |
27 | to veterans' preference). The eligibility list will be valid for |
28 | one year from the date the commission formally adopts the |
29 | eligibility list. Prior to expiration of the one-year period, |
30 | the commission may extend the validity of the eligibility list |
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1 | for up to an additional twelve months by a majority vote of the |
2 | commission at a duly authorized commission meeting. In the |
3 | absence of a lawful extension by the commission, the list shall |
4 | expire. |
5 | * * * |
6 | Section 2. The amendment of section 1181 of the act shall |
7 | apply to all promotion examinations conducted on or after |
8 | October 27, 2010. |
9 | Section 3. This act shall take effect immediately. | <-- |
10 | Section 3. This act shall take effect as follows: | <-- |
11 | (1) The amendment of section 1104 of the act shall take |
12 | effect in 60 days. |
13 | (2) The remainder of this act shall take effect |
14 | immediately. |
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