PRINTER'S NO. 1466
No. 1243 Session of 1977
INTRODUCED BY DiCARLO AND LINCOLN, JUNE 7, 1977
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 7, 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 appointments and promotions.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Section 501, 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 501. Examinations Requisite for Appointment and
21 Promotion.--Except as otherwise provided in this act,
22 appointments of persons entering the classified service or
23 promoted therein shall be from eligible lists established as the
24 result of examinations given by the director to determine the
1 relative merit of candidates. Such examinations may be written
2 and shall be competitive and open to all persons who may be
3 lawfully appointed to positions within the classes for which the
4 examinations are held, except that persons in unskilled
5 positions shall enter the classified service by promotion
6 without examination provided: (1) such promotion is into a
7 classified position immediately above the person's own position;
8 (2) such promotion is based on seniority and meritorious
9 service; (3) the person meets the minimum requirements for that
10 position; and (4) the person satisfactorily completes a six
11 month probationary period in the classified position. If no
12 persons in such unskilled positions meet the preceding
13 requirements, the vacant position may be filled pursuant to
14 Article V. Persons applying for positions or promotions in the
15 classified service shall be citizens of the United States and
16 residents of the Commonwealth and where applicable to the
17 administrative district. Notwithstanding any of the provisions
18 of this act, whenever an appointing authority finds a lack of a
19 sufficient number of qualified personnel available for
20 appointment to any particular class or classes of positions, he
21 may present evidence thereof to the director who may waive the
22 residence and citizenship requirements for such class or classes
23 of positions. A noncitizen appointed pursuant to the provisions
24 of this section shall not be eligible for continued employment
25 unless he files an application for citizenship as soon as he is
26 eligible therefor, and thereafter diligently prosecutes the
27 same. The director shall prepare the proper State and district
28 employment and promotion eligible lists: Provided, That after an
29 examination has been conducted for any class of positions, if
30 there is no person with such legal residence in any
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1 administrative district, remaining on the register the director
2 shall certify and the appointing authority may make the
3 appointment or promotion from the names of persons on an
4 appropriate eligible list for the same class of positions of
5 other administrative districts. Limitations as to age, sex,
6 health, moral character, experience and other qualifications may
7 be specified in the rules of the commission and in the
8 announcements of the examinations. All applications for
9 positions in the classified service shall be under oath. As far
10 as is in the judgment of the commission consistent with the best
11 interest of the Commonwealth, vacancies shall be filled by
12 promotion. The commission may limit competition in promotion
13 examinations to employes in the classified service who have
14 completed their probationary period in a class or classes
15 designated in the public notice of the examinations, and may
16 permit promotions to be accomplished by any one of the following
17 plans: (1) by appointment from open competitive lists; or (2) by
18 achieving a place on an eligible list after a promotional
19 examination, such examination having been given at the request
20 of the appointing authority; or (3) by promotion based upon
21 meritorious service and seniority to be accomplished by
22 appointment without examination, if (i) the person has completed
23 his probationary period in the next lower position, (ii) he
24 meets the minimum requirements for the higher position, and
25 (iii) he receives the unqualified recommendation of both his
26 immediate superior and the appointing authority of his
27 department or agency.
28 Section 2. This act shall take effect in 60 days.
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