PRINTER'S NO. 2579
No. 2040 Session of 1979
INTRODUCED BY ALDEN, MILLER, BRANDT, BOWSER, PETRARCA, REED,
ZELLER, SALVATORE, GIAMMARCO, ARTY, CALTAGIRONE AND GLADECK,
DECEMBER 3, 1979
REFERRED TO COMMITTEE ON STATE GOVERNMENT, DECEMBER 3, 1979
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 certification and appointment.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Sections 601 and 602, act of August 5, 1941
18 (P.L.752, No.286), known as the "Civil Service Act," amended
19 October 7, 1974 (P.L.676, No.226), are amended to read:
20 Section 601. Certification.--Whenever a vacancy is likely to
21 occur or is to be filled in a permanent position in the
22 classified service, the appointing authority shall submit to the
23 director a statement indicating the position to be filled.
1 Unless the appointing authority elects to follow one of the
2 alternative provisions of section five hundred one, or unless
3 there is in existence a labor agreement covering promotions in
4 permanent positions in the classified service, in which case the
5 terms and procedures of such labor agreement relative to the
6 procedures for promotions shall be controlling, the director
7 shall thereupon certify to the appointing authority the names of
8 the three eligibles willing to accept appointment who are
9 highest on the appropriate promotion list or employment list,
10 and the names of all handicapped persons willing to accept
11 appointment who have scored within the top twenty on the
12 appropriate promotion or appointment list, whichever is in
13 existence, or from the one, which under the rules of the
14 commission, has priority. If the appropriate list contains less
15 than three eligibles who are willing to accept appointment, the
16 names certified may be taken from the other appropriate list to
17 make a certification of at least three eligibles. If there are
18 less than three eligibles on appropriate eligible lists who are
19 willing to accept appointment, the director shall certify all
20 the names on these lists. If there is no appropriate eligible
21 list, the director may certify from such other list or lists as
22 he deems the next most nearly appropriate. If upon inquiry by
23 the director any person on any promotion or employment list is
24 found to be not available for promotion or appointment, his name
25 shall not for the time being be considered among the names from
26 which a promotion or appointment is to be made.
27 Section 602. Selection and Appointment of Eligibles.--Unless
28 it is found to be in the interest of the service of the
29 Commonwealth not to fill a vacant position, or unless the terms
30 of a collective bargaining agreement in existence provide
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1 alternative promotion filling procedures, in which case the
2 terms of such labor agreement shall be controlling, the
3 appointing authority, within thirty days, shall appoint the
4 person whose name is, or one of the persons whose names are,
5 certified by the director. If the vacant position is to be
6 filled from among the names of employes on the appropriate
7 promotion list which have been submitted to the appointing
8 authority, he shall select a person, provided he is among the
9 three highest ranking persons on such list, [or] that his final
10 mark or grade is not more than one point below the mark or grade
11 of the person ranking highest on such list or that he is
12 handicapped and has scored within the top twenty of such list
13 unless there is in existence a labor agreement covering
14 promotions in which case the terms of such labor agreement shall
15 be controlling. In making the second, third and any additional
16 promotion in the same class of position, the appointing
17 authority in like manner shall select a person from among the
18 three highest ranking persons remaining on such list, or he
19 shall select a person whose final mark or grade is not more than
20 one point below the mark or grade of the highest ranking person
21 remaining on such list, or he shall select a handicapped person
22 who has scored within the top twenty on such list, except where
23 the terms of a collective bargaining agreement in existence
24 provide otherwise, in which case the terms of the collective
25 bargaining agreement shall be controlling. If the vacant
26 position is to be filled from among the names of persons
27 certified from the employment list by the director to the
28 appointing authority, he shall select a person from among the
29 three highest ranking persons for the class of position to be
30 filled, or he shall select a person from among those handicapped
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1 persons who have scored within the top twenty on the employment
2 list, unless there is in existence a labor agreement covering
3 promotions in which case the terms of such labor agreement shall
4 be controlling. For the second, third, and any additional
5 vacancy in the same class of position the appointing authority
6 shall make selection from among the three highest ranking
7 persons remaining on such list who have not been within his
8 reach for three separate vacancies or he shall make selection
9 from among those handicapped persons who have scored within the
10 top twenty on the employment list. After a name has been
11 rejected three times by an appointing authority in favor of
12 others on the same eligible list, such name shall not again be
13 certified to that appointing authority, except upon written
14 request from the appointing authority. Appointing authorities
15 shall promptly report to the director the selection and
16 appointment of eligibles whose names have been certified. If an
17 eligible whose name has been certified shall refuse to accept an
18 appointment offered to him, such refusal shall be promptly
19 investigated by the director and, if it be found that the
20 refusal has been made for improper or insufficient reasons, the
21 director shall after giving ten days' notice to such person
22 remove his name from the list.
23 Section 2. This act shall take effect in 60 days.
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