PRINTER'S NO. 2155

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1730 Session of 1987


        INTRODUCED BY LINTON, MILLER AND OLIVER, SEPTEMBER 29, 1987

        REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 29, 1987

                                     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," reestablishing the State
    14     Civil Service Commission; further providing for the civil
    15     service system; and making editorial changes.

    16     The General Assembly of the Commonwealth of Pennsylvania
    17  hereby enacts as follows:
    18     Section 1.  Section 3(c) of the act of August 5, 1941
    19  (P.L.752, No.286), known as the Civil Service Act, amended
    20  August 27, 1963 (P.L.1257, No.520) and March 4, 1970 (P.L.115,
    21  No.44), is amended to read:
    22     Section 3.  Definition of Terms.--In this act, unless the
    23  context otherwise clearly requires,--
    24     * * *

     1     (c)  "Unclassified service" includes all positions now
     2  existing or hereafter created in departments and agencies
     3  included in clause (d) of this section, which are held by:
     4     (1)  Heads of departments of the Commonwealth and the deputy
     5  heads thereof [and bureau], bureau directors and division chiefs
     6  and all other supervisory personnel whose duties include
     7  participation in broad program policy decisions.
     8     (2)  Members of boards and commissions.
     9     (3)  One secretary or one confidential clerk and not more
    10  than five (5) other personal assistants or aides to each state
    11  appointing authority, or each member thereof, as the case may
    12  be, except the commission and the director.
    13     (4)  Any person appointed for the duration of a special
    14  study, project, or internship which is scheduled to be completed
    15  after a fixed or limited period of time and which, for reasons
    16  set forth in the minutes of the commission, should not be
    17  performed by persons in the classified service.
    18     (5)  Such attorney as the appointing authority shall appoint
    19  and the Attorney General shall approve.
    20     (6)  Unskilled Labor.
    21     Notwithstanding any other provisions of this clause, any
    22  State program which is required to have its positions under a
    23  merit system because of the receipt of Federal grants-in-aid
    24  shall not have more positions in the unclassified service than
    25  are allowed by Federal merit system standards.
    26     (7)  All professional positions attached to the department
    27  head's office which function as press and/or public relations
    28  and legislative liaisons.
    29     * * *
    30     Section 2.  Section 201 of the act is amended to read:
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     1     Section 201.  [Qualifications and Removal of Commissioners.--
     2  ]  State Civil Service Commission.--(a)  The State Civil Service
     3  Commission shall consist of three members, not more than two of
     4  whom shall be of the same political affiliation, appointed by
     5  the Governor, with the advice and consent of a majority of the
     6  members elected to the Senate. Each appointment shall be for a
     7  term of six years or until a successor is appointed and
     8  qualified, but not longer than six months beyond the six-year
     9  term. The members of the commission shall hold no other public
    10  position to which a salary is attached. The Governor shall
    11  designate one of the members as chairman.
    12     (b)  Each member of the commission shall receive an annual
    13  salary of forty-seven thousand dollars ($47,000), except the
    14  chairman, who shall receive an annual salary of forty-eight
    15  thousand dollars ($48,000).
    16     (c)  Any person appointed as a member of the commission shall
    17  be a citizen and legal resident of the Commonwealth for a period
    18  of not less than one year who is in sympathy with modern
    19  personnel methods and the application of merit principles to
    20  public employment. No person who, within one year preceding his
    21  appointment, has been an officer of a political party shall be
    22  eligible to serve as a commissioner. The Governor may remove any
    23  member of the commission, but only for incompetence,
    24  inefficiency, neglect of duty, malfeasance or misfeasance in
    25  office by giving such member a statement in writing of the
    26  charges against him and affording him, after notice of not less
    27  than ten days, an opportunity of making written answer and, upon
    28  request, being publicly heard in person and by counsel. A copy
    29  of the charges and answer of the Governor's findings and a
    30  transcript of the record shall be filed with the secretary of
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     1  the commission.
     2     Section 3.  The act is amended by adding a section to read:
     3     Section 204.1.  Commission Staff.--In accordance with the act
     4  of October 15, 1980 (P.L.950, No.164), known as the
     5  "Commonwealth Attorneys Act," the commission shall appoint and
     6  direct such attorneys as needed in its performance of the duties
     7  required under this act.
     8     Section 4.  Section 205 of the act, amended August 27, 1963
     9  (P.L.1257, No.520), is amended to read:
    10     Section 205.  Qualifications, Appointment and Compensation of
    11  Director.--
    12     [(a)]  The director shall be a person who shows he is
    13  familiar with the principles and methods of personnel
    14  administration and one who is in sympathy with the application
    15  of merit principles and scientific methods to public employment.
    16  He shall be appointed by the commission [from an employment list
    17  established under this act, his] and serve at the pleasure of
    18  the commissioners. His salary shall be fixed by the commission
    19  with the approval of the Governor, and he shall hold no other
    20  paid public position.
    21     Section 5.  Section 206 of the act, amended June 1, 1945
    22  (P.L.1366, No.435), June 21, 1947 (P.L.835, No.348) and August
    23  27, 1963 (P.L.1257, No.520), is amended to read:
    24     Section 206.  Powers and Duties of Director.--[The] (a)
    25  Under the direction and supervision of the commission, the
    26  director, except as otherwise provided in this act, shall direct
    27  and supervise [all] the administrative work of the commission.
    28  [He] The director shall have power and [it shall be his duty
    29  under the direction and supervision of the commission] the
    30  duty--
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     1     (1)  To appoint from employment lists established under this
     2  act such examiners, investigators, clerks and other assistants
     3  as may be necessary to carry out this act and to supervise and
     4  direct this work.
     5     (2)  To attend the meetings of the commission.
     6     (3)  To prepare and recommend to the commission rules and
     7  amendments thereto.
     8     (4)  To establish and maintain a record of all employes in
     9  the classified service, showing for each such person the date
    10  appointed or employed, the title of the position held, the rate
    11  of compensation and every change in his status, including
    12  increases and decreases in pay, changes in title transfers, and
    13  such other data as he may consider desirable and pertinent. The
    14  director shall, within sixty calendar days after the effective
    15  date of this amending act, transfer all position classification
    16  records to the budget secretary.
    17     (5)  To administer and make effective the provisions of this
    18  act and of the rules made thereunder, including those relating
    19  to the preparation and conduct of examinations, the preparation
    20  of eligible lists, the certification of persons qualified for
    21  employment, the transfer, promotion, suspension, demotion,
    22  removal, furlough, leave of absence and resignation of employes,
    23  the rating of employes' services, the requiring of health
    24  examinations at the discretion of appointing authorities as a
    25  condition of initial or continued employment, the checking and
    26  certification of pay-rolls before payment.
    27     (6)  To investigate the effect of the administration of this
    28  act and of the rules made thereunder and to report his findings
    29  and recommendations to the commission.
    30     [(7)  To appoint, with the approval of the commission, one
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     1  employe to be his deputy. The person selected as deputy may be
     2  one of the three remaining highest ranking persons on the
     3  eligible list for the position of director, or one of the three
     4  highest ranking persons on an eligible list established by an
     5  examination for the position of deputy director, which
     6  examination and ratings shall be in a like manner and under the
     7  same conditions as provided in this act for other classes of
     8  positions. The salary of the deputy shall be established by the
     9  commission, with the approval of the Governor. In case of the
    10  absence of the director or his inability from any cause to
    11  discharge the powers and duties of his office, such powers and
    12  duties shall devolve upon his deputy.]
    13     (8)  To make [a biennial] an annual report in writing, not
    14  later than September first of each [even-numbered] year, to the
    15  commission concerning the administrative work of the commission,
    16  including pertinent information and recommendations.
    17     (9)  To do any act or acts required by this act, or directed
    18  by the commission, or the rules made thereunder.
    19     (b)  From among the attorneys appointed under section 204.1
    20  of this act, such legal counsel as may be necessary in the
    21  performance of his administrative duties shall be provided to
    22  the director.
    23     Section 6.  Section 210 of the act is amended to read:
    24     Section 210.  Records Open to the Public.--The minutes of the
    25  commission shall be preserved as permanent records. The
    26  correspondence, eligible lists and other papers and records of
    27  the commission shall be preserved for [seven] four years.
    28  Applications, examination records, and other documents submitted
    29  by candidates shall be maintained for a period equal to the
    30  candidate's eligibility, plus one year. Records of candidates
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     1  who do not report for one or more parts of an examination shall
     2  be maintained for a period of six months after they did not
     3  report. The commission, in its deliberations, may rely on
     4  computerized or photocopied records. On written request,
     5  supported by justification acceptable to the [commission]
     6  director, and subject to reasonable regulation, all records of
     7  the commission shall be open to public inspection during
     8  ordinary business hours, except as herein specifically otherwise
     9  provided. The [directors] director shall take all due
    10  precautions to prevent the securing in advance by any
    11  unauthorized person of questions or other material to be used in
    12  any test unless such questions or materials are available to all
    13  competitors. [He] The director shall prevent the identification
    14  by any examiner or other persons, where identity is concealed,
    15  of papers or work of any competitor in an examination before the
    16  papers or work of all competitors in that examination have been
    17  rated. Statements of former employers of competitors in
    18  examinations shall be considered confidential and not open to
    19  inspection.
    20     Section 7.  Section 212(b) of the act, amended May 21, 1943
    21  (P.L.516, No.231), is amended to read:
    22     Section 212.  Service to State Departments, Boards and
    23  Commissions or Agencies and Political Subdivisions; Cooperation
    24  with Other Civil Service Agencies.--* * *
    25     (b)  The cost of such services and facilities made available
    26  by the commission shall be borne by every State department,
    27  board, commission or agency and political subdivision to which
    28  the same are made available, in the proportion which the cost of
    29  said services and facilities to each bears to the total cost of
    30  said services and facilities. The commission shall prepare and
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     1  issue [monthly] semiannual statements of such cost, setting
     2  forth the total and the share attributable to each department,
     3  board, commission or agency and political subdivision to which
     4  services or facilities are made available. Upon receipt of such
     5  statements, each State department, board, commission or agency
     6  and political subdivision shall pay its share of the cost to the
     7  commission.
     8     * * *
     9     Section 8.  Section 507 of the act, amended August 27, 1963
    10  (P.L.1257, No.520), is amended to read:
    11     Section 507.  Duration of Eligible Lists.--The duration of an
    12  eligible list shall be fixed [at not less than one nor more
    13  than] by the director with the approval of the commission for a
    14  period of up to four years. An existing eligible list [that has
    15  been in existence for one year or more] shall terminate upon the
    16  establishment of an appropriate new list unless otherwise
    17  prescribed by the director. Appointing authorities shall utilize
    18  eligible lists from the date of their establishment until
    19  exhausted, cancelled by the commission, or replaced by more
    20  recently prepared lists. The director, with the approval of the
    21  commission, may at any time correct clerical errors occurring in
    22  connection with the preparation of any eligible list and revise
    23  the list accordingly, but no person who has been appointed as
    24  the result of certification from such list shall be displaced by
    25  such action. The commission shall have the power at any time
    26  after giving notice as required in this act, and after a public
    27  hearing, to cancel the whole or any part of any eligible list on
    28  account of illegality or fraud in connection therewith.
    29     Section 9.  Section 603 of the act, amended June 21, 1947
    30  (P.L.835, No.348) and August 27, 1963 (P.L.1257, No.520), is
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     1  amended to read:
     2     Section 603.  Probationary Period.--(a)  No appointment to a
     3  position in the classified service shall be deemed complete
     4  until after the expiration of a probationary period. The
     5  probationary period for each class of position shall be
     6  prescribed in the rules of the commission and, except for
     7  trainee classes, shall in no case be less than six months or
     8  more than eighteen months. The probationary period for a trainee
     9  class shall be combined with that of the class for which the
    10  trainee is being trained. This combined probationary period
    11  shall be the same as the training period, subject to limits of
    12  three months and twenty-four months. At such times during the
    13  probationary period, and in such manner as the director may
    14  require, the appointing authority shall report to the director
    15  [his] an observation of the work of the employe and [his] a
    16  judgment as to the willingness and ability of the employe to
    17  perform [his] the duties satisfactorily and as to [his] the
    18  employe's dependability. At any time during [his] the
    19  probationary period, the appointing authority may remove an
    20  employe if in the opinion of the appointing authority the
    21  probation indicates that such employe is unable or unwilling to
    22  perform [his] the duties satisfactorily or that [his] the
    23  employe's dependability does not merit [his] continuance in the
    24  service. Upon such removal the appointing authority shall
    25  forthwith report [his] this action to the director and to the
    26  employe so removed. No more than three employes shall be removed
    27  successively from the same position during their probationary
    28  periods without the approval of the director. The director, with
    29  the approval of the commission, shall remove an employe during
    30  [his] the probationary period if it is found after the employe
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     1  has been given notice and an opportunity to be heard that [he]
     2  the employe was appointed as a result of fraud.
     3     (b)  Ten working days prior to the expiration of an employe's
     4  probationary period the appointing authority shall notify the
     5  [director] employe in writing whether the services of the
     6  employe have been satisfactory. A copy of such notice shall be
     7  given to the [employe] director. If the employe's work has been
     8  satisfactory [he], the employe shall at the completion of [his]
     9  the probationary period become a classified service employe
    10  under the provisions hereof and continue in that position unless
    11  separated therefrom as herein provided.
    12     (c)  If any employe is removed from [his] a position during
    13  or at the end of [his] the probationary period, and the director
    14  determines that [he] the employe is suitable for appointment to
    15  another position, [his] the employe's name may be restored to
    16  the list from which it was certified.
    17     Section 10.  Section 605 of the act is amended to read:
    18     Section 605.  Temporary Appointments to Extra Positions.--
    19  When from pressure of work an extra position in the classified
    20  service must be established for a period of less than [six]
    21  twelve months, the appointing authority shall request the
    22  director in writing to certify the name of a qualified person
    23  from [the] an appropriate list of eligibles. In such request the
    24  appointing authority shall state the cause of the extra work,
    25  the probable length of employment and[, unless the position has
    26  been classified,] the duties which the appointee is to perform.
    27     Section 11.  Section 705 of the act, amended August 27, 1963
    28  (P.L.1257, No.520), is amended to read:
    29     Section 705.  Transfers and Assignments.--An appointing
    30  authority may at any time assign a classified employe under
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     1  [this] its jurisdiction from one position to another in the same
     2  class, or in a similar class for which the employe qualifies. In
     3  every case the appointing authority shall give written notice of
     4  [his] this action to the director, according to the rules of the
     5  commission. Transfer of a classified employe from a position
     6  under the jurisdiction of one appointing authority to a position
     7  under the jurisdiction of another appointing authority may be
     8  made subject to such rules and with the approval of the director
     9  and of both appointing authorities concerned. Any transfer of an
    10  employe from a position in one class to a position in a class
    11  for which a higher maximum rate of compensation is prescribed
    12  shall be deemed a promotion and may be accomplished only in the
    13  manner hereinbefore provided for the making of promotions. No
    14  person shall ever be transferred from a position in the
    15  unclassified service to a position in the classified service
    16  unless [he is] appointed to such latter position after
    17  certification of [his] the person's name from an eligible list
    18  in accordance with the provisions of this act.
    19     Section 12.  Section 802 of the act, amended October 7, 1974
    20  (P.L.676, No.226), is amended to read:
    21     Section 802.  Furlough.--(a)  In case a reduction in force is
    22  necessary in the classified service, no employe shall be
    23  furloughed while any probationary or provisional employe is
    24  employed in the same class in the same department or agency, and
    25  no probationary employe shall be furloughed while a provisional
    26  employe is employed in the same class in the same department or
    27  agency. An employe shall be furloughed only if at the time [he
    28  is furloughed, he] of furlough, the employe is within the lowest
    29  quarter among all employes of the employer in the same class on
    30  the basis of their last regular service ratings, and within this
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     1  quarter [he] the employe shall be furloughed in the order of
     2  seniority unless there is in existence a labor agreement
     3  covering the employes to be furloughed, in which case the terms
     4  of such labor agreement relative to a furlough procedure shall
     5  be controlling: Provided, That the appointing authority may
     6  limit the application of this provision in any particular
     7  instance to employes in the same class, classification series or
     8  other grouping of employes as referred to in any applicable
     9  labor agreement, and which are in the same department or agency
    10  within the same bureau or division with headquarters at a
    11  particular municipality, county or administrative district of
    12  the Commonwealth.
    13     (b)  A furloughed employe shall have the right of return to
    14  any class and civil service status which [he] was previously
    15  held, provided such class is contained in the current
    16  classification plan of the agency; or to any class and civil
    17  service status in the same or lower grade, provided that [he]
    18  the employe meets the minimum qualifications given in the
    19  classification plan of the agency.
    20     (c)  The appointing authority shall promptly report to the
    21  director the names of employes furloughed, together with the
    22  date the furlough of each is effective and the character of
    23  [his] their services. Under the rules a regular employe
    24  furloughed shall for a period of one year be given preference
    25  for reemployment in the same class of position from which [he
    26  was] furloughed and shall be eligible for appointment to a
    27  position of a similar class in other agencies under this act
    28  unless the terms of an existing labor agreement preclude the
    29  employe from receiving the preferential treatment contained in
    30  this section in which event the terms of the labor agreement
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     1  shall be controlling[, provided that in case of a promotion of
     2  another employe such preference shall not be effective if it
     3  necessitates furloughing such other employe unless the terms of
     4  an existing labor agreement require that such preferential
     5  treatment shall be given to the furloughed employe].
     6     Section 13.  Section 803 of the act is amended to read:
     7     Section 803.  Suspension.--An appointing authority may for
     8  good cause suspend without pay for disciplinary purposes an
     9  employe holding a position in the classified service. Such
    10  suspension shall not exceed in the aggregate [thirty] ninety
    11  working days in one calendar year. No person shall be suspended
    12  because of [his] race, religion or political, partisan or labor
    13  union affiliation. What shall constitute good cause for
    14  suspension may be stated in the rules. An appointing authority
    15  may suspend without pay an employe holding a position in the
    16  classified service, when criminal charges which constitute a
    17  misdemeanor or a felony have been formally filed against the
    18  employe. Suspensions without pay pending criminal charges which
    19  constitute a misdemeanor or a felony may remain in effect until
    20  the outcome of the criminal litigation. An appointing authority
    21  shall forthwith report to the director in writing every
    22  suspension, together with the reason or reasons therefor, and
    23  shall send a copy of such report to the suspended employe. Such
    24  report shall be made a part of the commission's public records.
    25     Section 14.  Sections 804.1, 806 and 807.2 of the act,
    26  amended August 27, 1963 (P.L.1257, No.520), are amended to read:
    27     Section 804.1.  Rights of Promoted Employe During
    28  Probationary Period.--If the probationary period has resulted
    29  from a promotion, such removal shall not be from the classified
    30  service except for just cause. A classified employe [so removed]
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     1  during a probationary period[,] resulting from promotion, shall
     2  [have the right to and shall], if the employe's performance is
     3  satisfactory, be returned to the position or class held
     4  immediately prior to such promotion without necessity of appeal
     5  or hearing.
     6     Section 806.  Resignation.--The rules of the commission shall
     7  state what shall constitute resignation from the classified
     8  service. [Absence from duty for five consecutive working days
     9  without notice to the appointing authority may be regarded as an
    10  abandonment of a position and in effect a resignation.] Upon the
    11  request of an appointing authority, and with the approval of the
    12  commission, an employe may be reinstated in the classification
    13  from which he has resigned. No resignation [except by
    14  abandonment] of any person in the classified service shall be
    15  effective unless accepted by the appointing authority within
    16  fifteen calendar days after the actual date of the making
    17  thereof. No person about to be appointed to any position in the
    18  classified service shall in advance of or at the time of such
    19  appointment sign or execute a resignation dated or undated. No
    20  resignation[, except by abandonment,] shall be made or shall be
    21  valid unless it bears the signature of the person resigning and
    22  the date of the resignation [in his handwriting].
    23     Section 807.2.  Seniority.--(a)  Seniority is established for
    24  the classified service, classification series and for each class
    25  [in which an employe holds or has held civil service status.
    26  Seniority in each class begins with the date of first civil
    27  service employment in that class and includes periods of
    28  subsequent employment (civil service or provisional) in other
    29  classes in the same or higher grade].
    30     (b)  Seniority for the classified service begins with the
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     1  date of first civil service employment in a civil service class
     2  and includes periods of subsequent employment in any civil
     3  service class providing such employment has been on a continuous
     4  basis. Seniority for a classification series begins with the
     5  date of first civil service employment in the class series and
     6  includes periods of employment in classes within the series
     7  during any period while employed in a continuous basis in the
     8  classified service. Seniority in each class begins with the date
     9  of first civil service employment in that class and includes
    10  periods of subsequent employment in that class during any period
    11  while employed on a continuous basis in the classified service.
    12     (c)  Periods of furlough and approved leave of absence
    13  without pay shall be deemed continuous employment for seniority
    14  purposes, except that the period of furlough or leave of absence
    15  without pay shall not be counted toward seniority.
    16     Section 15.  Section 902 of the act is amended to read:
    17     Section 902.  False Statements Made under Oath Constitute
    18  Perjury.--Any false statement made under oath, either orally or
    19  in writing, in any application or other paper filed with the
    20  commission or in any proceeding before the commission or in any
    21  investigation conducted by or under the direction of the
    22  commission or by the director or in any proceedings arising
    23  under this act shall be perjury and punishable as such. Any
    24  person intentionally failing to disclose a material fact or in
    25  any manner concealing any information in order to obtain
    26  employment or promotion under this act shall, in addition to any
    27  other penalty herein provided, be removed from all eligible
    28  lists and, if appointed or promoted, he shall be summarily
    29  removed.
    30     Section 16.  Sections 906 and 951 of the act, amended or
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     1  added August 27, 1963 (P.L.1257, No.520), are amended to read:
     2     Section 906.  Removal and Disqualification of Officers and
     3  Employes.--Any person holding a position in the classified
     4  service who intentionally violates any of the provisions of this
     5  act or of the rules made thereunder shall be immediately
     6  separated from the service. It shall be the duty of the
     7  appointing authority of the State Agency in which the offending
     8  person is employed to remove him at once in accordance with the
     9  provisions of this act. Any person removed under this section
    10  shall for a period of one year be ineligible for reappointment
    11  to any position in the classified service.
    12     Section 951.  Hearings.--(a)  Any regular employe in the
    13  classified service may, within twenty calendar days of receipt
    14  of notice from the appointing authority, appeal in writing to
    15  the commission. Any permanent separation, suspension for cause,
    16  furlough or demotion on the grounds that such action has been
    17  taken in his case in violation of the provisions of this act,
    18  upon receipt of such notice of appeal, the commission shall
    19  promptly schedule and hold a public hearing. [As soon as
    20  practicable after the conclusion of the hearing, the commission
    21  shall report its findings and conclusions to the appointing
    22  authority and the employe. If such final decision is in favor of
    23  the employe, the appointing authority shall reinstate him with
    24  the payment of so much of the salary or wages lost by him as the
    25  commission may in its discretion order.]
    26     (b)  Any person who is aggrieved by an alleged violation of
    27  section 905.1 of this act may appeal in writing to the
    28  commission within twenty calendar days of the alleged violation.
    29  Upon receipt of such notice of appeal, the commission shall
    30  promptly schedule and hold a public hearing. [As soon as
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     1  practicable after the conclusion of the hearing, the commission
     2  shall report its findings and conclusions to the aggrieved
     3  person and other interested parties. If such final decision is
     4  in favor of the aggrieved person, the commission shall make such
     5  order as it deems appropriate to assure the person such rights
     6  as are accorded him by this act.]
     7     (c)  All final decisions of the commission shall [not] be
     8  reviewable [by any court] in accordance with the laws.
     9     (d)  Notwithstanding any other provisions of this section,
    10  the commission may, upon its own motion, investigate any
    11  personnel action taken pursuant to this act and, in its
    12  discretion, hold public hearings, record its findings and
    13  conclusions, and make such orders as it deems appropriate to
    14  assure observance of the provisions of this act and the rules
    15  and regulations thereunder.
    16     Section 17.  The act is amended by adding a section to read:
    17     Section 952.  Remedies.--(a)  Within sixty days after the
    18  conclusion of the hearing described in section 951, the
    19  commission shall report its findings and conclusions to those
    20  parties directly involved in the action.
    21     (b)  Where such decision is in favor of the employe or the
    22  aggrieved person, the commission shall make such order as it
    23  deems appropriate to assure such rights as are accorded the
    24  individual under this act.
    25     (c)  Where appropriate, the commission may order
    26  reinstatement, with the payment of so much of the salary or
    27  wages lost, including employe benefits, as the commission may in
    28  its discretion award.
    29     Section 18.  This act, with respect to the State Civil
    30  Service Commission, shall constitute the legislation required to
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     1  reestablish an agency pursuant to the act of December 22, 1981
     2  (P.L.508, No.142), known as the Sunset Act.
     3     Section 19.  The presently confirmed members of the State
     4  Civil Service Commission constituted under section 452 of the
     5  act of April 9, 1929 (P.L.177, No.175), known as The
     6  Administrative Code of 1929, as of the effective date of this
     7  act, shall continue to serve as commission members until their
     8  present terms of office expire.
     9     Section 20.  Each rule and regulation of the commission in
    10  effect on the effective date of this act shall remain in effect
    11  after such date until repealed or amended by the commission.
    12     Section 21.  The following acts and parts of acts are
    13  repealed:
    14     Section 452 of the act of April 9, 1929 (P.L.177, No.175),
    15  known as The Administrative Code of 1929.
    16     As much as refers to the State Civil Service Commission in
    17  section 2 of the act of September 2, 1961 (P.L.1177, No.525),
    18  referred to as the Board and Commission Compensation Law.
    19     Section 22.  This act shall take effect January 1, 1988, or
    20  immediately, whichever is later.







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