PRIOR PRINTER'S NOS. 2155, 2398 PRINTER'S NO. 2599
No. 1730 Session of 1987
INTRODUCED BY LINTON, MILLER AND OLIVER, SEPTEMBER 28, 1987
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, DECEMBER 2, 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; FURTHER PROVIDING FOR THE POLITICAL <--
16 ACTIVITIES OF INDIVIDUALS COVERED BY CIVIL SERVICE; and
17 making editorial changes.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Section 3(c) of the act of August 5, 1941
21 (P.L.752, No.286), known as the Civil Service Act, amended
22 August 27, 1963 (P.L.1257, No.520) and March 4, 1970 (P.L.115,
23 No.44), is amended to read:
24 Section 3. Definition of Terms.--In this act, unless the
1 context otherwise clearly requires,--
2 * * *
3 (c) "Unclassified service" includes all positions now
4 existing or hereafter created in departments and agencies
5 included in clause (d) of this section, which are held by:
6 (1) Heads of departments of the Commonwealth and the deputy
7 heads thereof [and bureau], bureau directors and division chiefs
8 and all other supervisory personnel whose duties include
9 participation in broad program policy decisions. <--
10 (2) Members of boards and commissions.
11 (3) One secretary or one confidential clerk and not more
12 than five (5) other personal assistants or aides to each state
13 appointing authority, or each member thereof, as the case may
14 be, except the commission and the director.
15 (4) Any person appointed for the duration of a special
16 study, project, or internship which is scheduled to be completed
17 after a fixed or limited period of time and which, for reasons
18 set forth in the minutes of the commission, should not be
19 performed by persons in the classified service.
20 (5) Such attorney as the appointing authority shall appoint
21 and the Attorney General shall approve.
22 (6) Unskilled Labor.
23 (7) All professional positions attached to the department
24 head's office which function as press and/or public relations
25 and legislative liaisons.
26 Notwithstanding any other provisions of this clause, any
27 State program which is required to have its positions under a
28 merit system because of the receipt of Federal grants-in-aid
29 shall not have more positions in the unclassified service than
30 are allowed by Federal merit system standards.
19870H1730B2599 - 2 -
1 * * *
2 Section 2. Section 201 of the act is amended to read:
3 Section 201. [Qualifications and Removal of Commissioners.--
4 ] State Civil Service Commission.--(a) The State Civil Service
5 Commission shall consist of three members, not more than two of
6 whom shall be of the same political affiliation, appointed by
7 the Governor, with the advice and consent of a majority of the
8 members elected to the Senate. Each appointment shall be for a
9 term of six years or until a successor is appointed and
10 qualified, but not longer than six months beyond the six-year
11 term. The members of the commission shall hold no other public
12 position to which a salary is attached. The Governor shall
13 designate one of the members as chairman.
14 (b) Each member of the commission shall receive an annual
15 salary of forty-seven thousand dollars ($47,000), except the
16 chairman, who shall receive an annual salary of forty-eight
17 thousand dollars ($48,000).
18 (c) Any person appointed as a member of the commission shall
19 be a citizen and legal resident of the Commonwealth for a period
20 of not less than one year who is in sympathy with modern
21 personnel methods and the application of merit principles to
22 public employment. No person who, within one year preceding his
23 appointment, has been an officer of a political party shall be
24 eligible to serve as a commissioner. The Governor may remove any
25 member of the commission, but only for incompetence,
26 inefficiency, neglect of duty, malfeasance or misfeasance in
27 office by giving such member a statement in writing of the
28 charges against him and affording him, after notice of not less
29 than ten days, an opportunity of making written answer and, upon
30 request, being publicly heard in person and by counsel. A copy
19870H1730B2599 - 3 -
1 of the charges and answer of the Governor's findings and a
2 transcript of the record shall be filed with the secretary of
3 the commission.
4 Section 3. The act is amended by adding a section to read:
5 Section 204.1. Commission Staff.--In accordance with the act
6 of October 15, 1980 (P.L.950, No.164), known as the
7 "Commonwealth Attorneys Act," the commission shall appoint and
8 direct such attorneys as needed in its performance of the duties
9 required under this act.
10 Section 4. Section 205 of the act, amended August 27, 1963
11 (P.L.1257, No.520), is amended to read:
12 Section 205. Qualifications, Appointment and Compensation of
13 Director.--
14 [(a)] The director shall be a person who shows he is
15 familiar with the principles and methods of personnel
16 administration and one who is in sympathy with the application
17 of merit principles and scientific methods to public employment.
18 He shall be appointed by the commission [from an employment list
19 established under this act, his] and serve at the pleasure of
20 the commissioners. His salary shall be fixed by the commission
21 with the approval of the Governor, and he shall hold no other
22 paid public position.
23 Section 5. Section 206 of the act, amended June 1, 1945
24 (P.L.1366, No.435), June 21, 1947 (P.L.835, No.348) and August
25 27, 1963 (P.L.1257, No.520), is amended to read:
26 Section 206. Powers and Duties of Director.--[The] (a)
27 Under the direction and supervision of the commission, the
28 director, except as otherwise provided in this act, shall direct
29 and supervise [all] the administrative work of the commission.
30 [He] The director shall have power and [it shall be his duty
19870H1730B2599 - 4 -
1 under the direction and supervision of the commission] the
2 duty--
3 (1) To appoint from employment lists established under this
4 act such examiners, investigators, clerks and other assistants
5 as may be necessary to carry out this act and to supervise and
6 direct this work.
7 (2) To attend the meetings of the commission.
8 (3) To prepare and recommend to the commission rules and
9 amendments thereto.
10 (4) To establish and maintain a record of all employes in
11 the classified service, showing for each such person the date
12 appointed or employed, the title of the position held, the rate
13 of compensation and every change in his status, including
14 increases and decreases in pay, changes in title transfers, and
15 such other data as he may consider desirable and pertinent. The
16 director shall, within sixty calendar days after the effective
17 date of this amending act, transfer all position classification
18 records to the budget secretary.
19 (5) To administer and make effective the provisions of this
20 act and of the rules made thereunder, including those relating
21 to the preparation and conduct of examinations, the preparation
22 of eligible lists, the certification of persons qualified for
23 employment, the transfer, promotion, suspension, demotion,
24 removal, furlough, leave of absence and resignation of employes,
25 the rating of employes' services, the requiring of health
26 examinations at the discretion of appointing authorities as a
27 condition of initial or continued employment, the checking and
28 certification of pay-rolls before payment.
29 (6) To investigate the effect of the administration of this
30 act and of the rules made thereunder and to report his findings
19870H1730B2599 - 5 -
1 and recommendations to the commission.
2 [(7) To appoint, with the approval of the commission, one
3 employe to be his deputy. The person selected as deputy may be
4 one of the three remaining highest ranking persons on the
5 eligible list for the position of director, or one of the three
6 highest ranking persons on an eligible list established by an
7 examination for the position of deputy director, which
8 examination and ratings shall be in a like manner and under the
9 same conditions as provided in this act for other classes of
10 positions. The salary of the deputy shall be established by the
11 commission, with the approval of the Governor. In case of the
12 absence of the director or his inability from any cause to
13 discharge the powers and duties of his office, such powers and
14 duties shall devolve upon his deputy.]
15 (8) To make [a biennial] an annual report in writing, not
16 later than September first of each [even-numbered] year, to the
17 commission concerning the administrative work of the commission,
18 including pertinent information and recommendations.
19 (9) To do any act or acts required by this act, or directed
20 by the commission, or the rules made thereunder.
21 (b) To request assistance from among the attorneys appointed
22 under section 204.1 of this act, such legal counsel as may be
23 necessary in the performance of his administrative duties.
24 Section 6. Section 210 of the act is amended to read:
25 Section 210. Records Open to the Public.--The minutes of the
26 commission shall be preserved as permanent records. The
27 correspondence, eligible lists and other papers and records of
28 the commission shall be preserved for [seven] four years.
29 Applications, examination records, and other documents submitted
30 by candidates shall be maintained for a period equal to the
19870H1730B2599 - 6 -
1 candidate's eligibility, plus one year. Records of candidates
2 who do not report for one or more parts of an examination shall
3 be maintained for a period of six months after they did not
4 report. The commission, in its deliberations, may rely on
5 computerized or photocopied records. On written request,
6 supported by justification acceptable to the [commission]
7 director, and subject to reasonable regulation, all records of
8 the commission shall be open to public inspection during
9 ordinary business hours, except as herein specifically otherwise
10 provided. The [directors] director shall take all due
11 precautions to prevent the securing in advance by any
12 unauthorized person of questions or other material to be used in
13 any test unless such questions or materials are available to all
14 competitors. [He] The director shall prevent the identification
15 by any examiner or other persons, where identity is concealed,
16 of papers or work of any competitor in an examination before the
17 papers or work of all competitors in that examination have been
18 rated. Statements of former employers of competitors in
19 examinations shall be considered confidential and not open to
20 inspection.
21 Section 7. Section 212(b) of the act, amended May 21, 1943
22 (P.L.516, No.231), is amended to read:
23 Section 212. Service to State Departments, Boards and
24 Commissions or Agencies and Political Subdivisions; Cooperation
25 with Other Civil Service Agencies.--* * *
26 (b) The cost of such services and facilities made available
27 by the commission shall be borne by every State department,
28 board, commission or agency and political subdivision to which
29 the same are made available, in the proportion which the cost of
30 said services and facilities to each bears to the total cost of
19870H1730B2599 - 7 -
1 said services and facilities. The commission shall prepare and
2 issue [monthly] semiannual statements of such cost, setting
3 forth the total and the share attributable to each department,
4 board, commission or agency and political subdivision to which
5 services or facilities are made available. Upon receipt of such
6 statements, each State department, board, commission or agency
7 and political subdivision shall pay its share of the cost to the
8 commission.
9 * * *
10 Section 8. Section 507 of the act, amended August 27, 1963
11 (P.L.1257, No.520), is amended to read:
12 Section 507. Duration of Eligible Lists.--The duration of an
13 eligible list shall be fixed [at not less than one nor more
14 than] by the director with the approval of the commission for a
15 period of up to four years. An existing eligible list [that has
16 been in existence for one year or more] shall terminate upon the
17 establishment of an appropriate new list unless otherwise
18 prescribed by the director. Appointing authorities shall utilize
19 eligible lists from the date of their establishment until
20 exhausted, cancelled by the commission, or replaced by more
21 recently prepared lists. The director, with the approval of the
22 commission, may at any time correct clerical errors occurring in
23 connection with the preparation of any eligible list and revise
24 the list accordingly, but no person who has been appointed as
25 the result of certification from such list shall be displaced by
26 such action. The commission shall have the power at any time
27 after giving notice as required in this act, and after a public
28 hearing, to cancel the whole or any part of any eligible list on
29 account of illegality or fraud in connection therewith.
30 Section 9. Section 601 of the act, amended October 7, 1974
19870H1730B2599 - 8 -
1 (P.L.676, No.226), is amended to read:
2 Section 601. Certification.--Whenever a vacancy is likely to
3 occur or is to be filled in a permanent position in the
4 classified service, the appointing authority shall submit to the
5 director a statement indicating the position to be filled.
6 Unless the appointing authority elects to follow one of the
7 alternative provisions of section five hundred one, or unless
8 there is in existence a labor agreement covering promotions in
9 permanent positions in the classified service, in which case the
10 terms and procedures of such labor agreement relative to the
11 procedures for promotions shall be controlling, the director
12 shall thereupon certify to the appointing authority the names of
13 the three eligibles willing to accept appointment who are
14 highest on the appropriate promotion list or employment list,
15 whichever is in existence, or from the one, which under the
16 rules of the commission, has priority. If the appropriate list
17 contains less than three eligibles who are willing to accept
18 appointment, the names certified may be taken from the other
19 appropriate list to make a certification of at least three
20 eligibles. If there are less than three eligibles on appropriate
21 eligible lists who are willing to accept appointment, the
22 director shall certify all the names on these lists. If there is
23 no appropriate eligible list, the director may certify from such
24 other list or lists as he deems the next most nearly
25 appropriate. If operational conditions of the appointing
26 authority so dictate and it is found to be in the interest of
27 the service to the Commonwealth, the commission may authorize
28 selective certifications based on standards to be prescribed by
29 the commission. If upon inquiry by the director any person on
30 any promotion or employment list is found to be not available
19870H1730B2599 - 9 -
1 for promotion or appointment, his name shall not for the time
2 being be considered among the names from which a promotion or
3 appointment is to be made.
4 Section 10. Section 603 of the act, amended June 21, 1947
5 (P.L.835, No.348) and August 27, 1963 (P.L.1257, No.520), is
6 amended to read:
7 Section 603. Probationary Period.--(a) No appointment to a
8 position in the classified service shall be deemed complete
9 until after the expiration of a probationary period. The
10 probationary period for each class of position shall be
11 prescribed in the rules of the commission and, except for
12 trainee classes, shall in no case be less than six months or
13 more than eighteen months. The probationary period for a trainee
14 class shall be combined with that of the class for which the
15 trainee is being trained. This combined probationary period
16 shall be the same as the training period, subject to limits of
17 three months and twenty-four months. At such times during the
18 probationary period, and in such manner as the director may
19 require, the appointing authority shall report to the director
20 [his] an observation of the work of the employe and [his] a
21 judgment as to the willingness and ability of the employe to
22 perform [his] the duties satisfactorily and as to [his] the
23 employe's dependability. At any time during [his] the
24 probationary period, the appointing authority may remove an
25 employe if in the opinion of the appointing authority the
26 probation indicates that such employe is unable or unwilling to
27 perform [his] the duties satisfactorily or that [his] the
28 employe's dependability does not merit [his] continuance in the
29 service. Upon such removal the appointing authority shall
30 forthwith report [his] this action to the director and to the
19870H1730B2599 - 10 -
1 employe so removed. No more than three employes shall be removed
2 successively from the same position during their probationary
3 periods without the approval of the director. The director, with
4 the approval of the commission, shall remove an employe during
5 [his] the probationary period if it is found after the employe
6 has been given notice and an opportunity to be heard that [he]
7 the employe was appointed as a result of fraud.
8 (b) Ten working days prior to the expiration of an employe's
9 probationary period the appointing authority shall notify the
10 [director] employe in writing whether the services of the
11 employe have been satisfactory. A copy of such notice shall be
12 given to the [employe] director. If the employe's work has been
13 satisfactory [he], the employe shall at the completion of [his]
14 the probationary period become a classified service employe
15 under the provisions hereof and continue in that position unless
16 separated therefrom as herein provided.
17 (c) If any employe is removed from [his] a position during
18 or at the end of [his] the probationary period, and the director
19 determines that [he] the employe is suitable for appointment to
20 another position, [his] the employe's name may be restored to
21 the list from which it was certified.
22 Section 11. Section 605 of the act is amended to read:
23 Section 605. Temporary Appointments to Extra Positions.--
24 When from pressure of work an extra position in the classified
25 service must be established for a period of less than [six]
26 twelve months, the appointing authority shall request the
27 director in writing to certify the name of a qualified person
28 from [the] an appropriate list of eligibles. In such request the
29 appointing authority shall state the cause of the extra work,
30 the probable length of employment and[, unless the position has
19870H1730B2599 - 11 -
1 been classified,] the duties which the appointee is to perform.
2 Section 12. Section 705 of the act, amended August 27, 1963
3 (P.L.1257, No.520), is amended to read:
4 Section 705. Transfers and Assignments.--An appointing
5 authority may at any time assign a classified employe under
6 [this] its jurisdiction from one position to another in the same
7 class, or in a similar class for which the employe qualifies. In
8 every case the appointing authority shall give written notice of
9 [his] this action to the director, according to the rules of the
10 commission. Transfer of a classified employe from a position
11 under the jurisdiction of one appointing authority to a position
12 under the jurisdiction of another appointing authority may be
13 made subject to such rules and with the approval of the director
14 and of both appointing authorities concerned. Any transfer of an
15 employe from a position in one class to a position in a class
16 for which a higher maximum rate of compensation is prescribed
17 shall be deemed a promotion and may be accomplished only in the
18 manner hereinbefore provided for the making of promotions. No
19 person shall ever be transferred from a position in the
20 unclassified service to a position in the classified service
21 unless [he is] appointed to such latter position after
22 certification of [his] the person's name from an eligible list
23 in accordance with the provisions of this act.
24 Section 13. The act is amended by adding a section to read:
25 Section 707.1. Effect of Reclassifications.--When an
26 employe's job changes or the Executive Board changes a
27 classification and a reallocation of the position becomes
28 necessary, the employe shall be reclassified to the new
29 classification provided the employe meets the established
30 requirements for the new classification. This reclassification
19870H1730B2599 - 12 -
1 shall not be construed as a promotion if it is a higher level or
2 a demotion if it is a lower level. Reallocations downward shall
3 not result in reduction of the incumbent's present salary.
4 Section 14. Section 802 of the act, amended October 7, 1974
5 (P.L.676, No.226), is amended to read:
6 Section 802. Furlough.--(a) In case a reduction in force is
7 necessary in the classified service, no employe shall be
8 furloughed while any probationary or provisional employe is
9 employed in the same class in the same department or agency, and
10 no probationary employe shall be furloughed while a provisional
11 employe is employed in the same class in the same department or
12 agency. An employe shall be furloughed only if at the time [he
13 is furloughed, he] of furlough, the employe is within the lowest
14 quarter among all employes of the employer in the same class on
15 the basis of their last regular service ratings, and within this
16 quarter [he] the employe shall be furloughed in the order of
17 seniority unless there is in existence a labor agreement
18 covering the employes to be furloughed, in which case the terms
19 of such labor agreement relative to a furlough procedure shall
20 be controlling: Provided, That the appointing authority may
21 limit the application of this provision in any particular
22 instance to employes in the same class, classification series or
23 other grouping of employes as referred to in any applicable
24 labor agreement, and which are in the same department or agency
25 within the same bureau or division with headquarters at a
26 particular municipality, county or administrative district of
27 the Commonwealth.
28 (b) A furloughed employe shall have the right of return to
29 any class and civil service status which [he] was previously
30 held, provided such class is contained in the current
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1 classification plan of the agency; or to any class and civil
2 service status in the same or lower grade, provided that [he]
3 the employe meets the minimum qualifications given in the
4 classification plan of the agency.
5 (c) The appointing authority shall promptly report to the
6 director the names of employes furloughed, together with the
7 date the furlough of each is effective and the character of
8 [his] their services. Under the rules a regular employe
9 furloughed shall for a period of one year be given preference
10 for reemployment in the same class of position from which [he
11 was] furloughed and shall be eligible for appointment to a
12 position of a similar class in other agencies under this act
13 unless the terms of an existing labor agreement preclude the
14 employe from receiving the preferential treatment contained in
15 this section in which event the terms of the labor agreement
16 shall be controlling[, provided that in case of a promotion of
17 another employe such preference shall not be effective if it
18 necessitates furloughing such other employe unless the terms of
19 an existing labor agreement require that such preferential
20 treatment shall be given to the furloughed employe].
21 Section 15. Section 803 of the act is amended to read:
22 Section 803. Suspension.--An appointing authority may for
23 good cause suspend without pay for disciplinary purposes an
24 employe holding a position in the classified service. Such
25 suspension shall not exceed in the aggregate [thirty] ninety <--
26 working days in one calendar year. No person shall be suspended
27 because of [his] race, religion or political, partisan or labor
28 union affiliation. What shall constitute good cause for
29 suspension may be stated in the rules. An appointing authority <--
30 may suspend without pay an employe holding a position in the
19870H1730B2599 - 14 -
1 classified service, when criminal charges which constitute a
2 misdemeanor or a felony have been formally filed against the
3 employe. Suspensions without pay pending criminal charges which
4 constitute a misdemeanor or a felony may remain in effect until
5 the outcome of the criminal proceeding. An appointing authority
6 shall forthwith report to the director in writing every
7 suspension, together with the reason or reasons therefor, and
8 shall send a copy of such report to the suspended employe. Such
9 report shall be made a part of the commission's public records.
10 Section 16. Sections 804.1, 806 and 807.2 of the act,
11 amended August 27, 1963 (P.L.1257, No.520), are amended to read:
12 Section 804.1. Rights of Promoted Employe During
13 Probationary Period.--If the probationary period has resulted
14 from a promotion, such removal shall not be from the classified
15 service except for just cause. A classified employe [so removed]
16 during a probationary period[,] resulting from promotion, shall
17 [have the right to and shall], if the employe's performance is
18 satisfactory, be returned to the position or class held
19 immediately prior to such promotion without necessity of appeal
20 or hearing.
21 Section 806. Resignation.--The rules of the commission shall
22 state what shall constitute resignation from the classified
23 service. [Absence from duty for five consecutive working days
24 without notice to the appointing authority may be regarded as an
25 abandonment of a position and in effect a resignation.] Upon the
26 request of an appointing authority, and with the approval of the
27 commission, an employe may be reinstated in the classification
28 from which he has resigned. No resignation [except by
29 abandonment] of any person in the classified service shall be
30 effective unless accepted by the appointing authority within
19870H1730B2599 - 15 -
1 fifteen calendar days after the actual date of the making
2 thereof. No person about to be appointed to any position in the
3 classified service shall in advance of or at the time of such
4 appointment sign or execute a resignation dated or undated. No
5 resignation[, except by abandonment,] shall be made or shall be
6 valid unless it bears the signature of the person resigning and
7 the date of the resignation [in his handwriting].
8 Section 807.2. Seniority.--(a) Seniority is established for
9 the classified service, classification series and for each class
10 [in which an employe holds or has held civil service status.
11 Seniority in each class begins with the date of first civil
12 service employment in that class and includes periods of
13 subsequent employment (civil service or provisional) in other
14 classes in the same or higher grade].
15 (b) Seniority for the classified service begins with the
16 date of first civil service employment in a civil service class
17 and includes periods of subsequent employment in any civil
18 service class providing such employment has been on a continuous
19 basis. Seniority for a classification series begins with the
20 date of first civil service employment in the class series and
21 includes periods of employment in classes within the series
22 during any period while employed in a continuous basis in the
23 classified service. Seniority in each class begins with the date
24 of first civil service employment in that class and includes
25 periods of subsequent employment in that class during any period
26 while employed on a continuous basis in the classified service.
27 (c) Periods of furlough and approved leave of absence
28 without pay shall be deemed continuous employment for seniority
29 purposes, except that the period of furlough or leave of absence
30 without pay shall not be counted toward seniority.
19870H1730B2599 - 16 -
1 Section 17. Section 902 of the act is amended to read:
2 Section 902. False Statements Made under Oath Constitute
3 Perjury.--Any false statement made under oath, either orally or
4 in writing, in any application or other paper filed with the
5 commission or in any proceeding before the commission or in any
6 investigation conducted by or under the direction of the
7 commission or by the director or in any proceedings arising
8 under this act shall be perjury and punishable as such. Any
9 person intentionally failing to disclose a material fact or in
10 any manner concealing any information in order to obtain
11 employment or promotion under this act shall, in addition to any
12 other penalty herein provided, be removed from all eligible
13 lists and, if appointed or promoted, he shall be summarily
14 removed.
15 SECTION 18. SECTION 904 OF THE ACT, AMENDED AUGUST 27, 1963 <--
16 (P.L.1257, NO.520), IS AMENDED TO READ:
17 SECTION 904. PROHIBITION OF POLITICAL ACTIVITY.--
18 NOTWITHSTANDING ANY OTHER PROVISION OF STATE LAW OR REGULATIONS
19 ADOPTED THEREUNDER, EMPLOYES OF THE CLASSIFIED SERVICE SHALL
20 HAVE THE FULL RIGHT TO ACTIVELY PARTICIPATE IN POLITICAL
21 MANAGEMENT AND POLITICAL CAMPAIGNS EXCEPT AS PROVIDED HEREAFTER
22 IN THIS SECTION AND SECTIONS 905 AND 906. NO PERSON IN THE
23 CLASSIFIED SERVICE SHALL [BE A MEMBER OF OR DELEGATE OR
24 ALTERNATE TO ANY POLITICAL CONVENTION, NOR SHALL HE PARTICIPATE
25 AT ANY SUCH CONVENTION, EXCEPT IN THE PERFORMANCE OF HIS
26 OFFICIAL DUTY OR AS A VISITOR, NOR SHALL HE SERVE AS A MEMBER OF
27 ANY COMMITTEE OF ANY POLITICAL PARTY, OR TAKE AN ACTIVE PART IN
28 POLITICAL MANAGEMENT OR IN POLITICAL CAMPAIGNS, OR] USE HIS
29 OFFICE OR POSITION TO INFLUENCE POLITICAL MOVEMENTS OR TO
30 INFLUENCE THE POLITICAL ACTION OF ANY OFFICER OR EMPLOYE IN THE
19870H1730B2599 - 17 -
1 CLASSIFIED SERVICE, [NOR SHALL HE CIRCULATE OR SEEK SIGNATURES
2 TO ANY NOMINATIONS OR OTHER PETITION REQUIRED BY ANY PRIMARY OR
3 ELECTION LAW, NOR SHALL HE SEEK OR ACCEPT ELECTION, NOMINATION
4 OR APPOINTMENT AS AN OFFICER OF A POLITICAL CLUB OR
5 ORGANIZATION, OR SERVE AS A MEMBER OF A COMMITTEE OF ANY SUCH
6 CLUB OR ORGANIZATION, NOR SHALL HE IN ANY MANNER PARTICIPATE IN
7 OR INTERFERE WITH THE CONDUCT OF ANY ELECTION OR THE PREPARATION
8 THEREFOR AT THE POLLING PLACE OR WITH THE ELECTION OFFICERS
9 WHILE COUNTING THE VOTES OR RETURNING THE ELECTION MATERIAL TO
10 THE PLACE PROVIDED BY LAW FOR THAT PURPOSE, SAVE ONLY FOR THE
11 PURPOSE OF MAKING AND DEPOSITING HIS OWN BALLOT AS SPEEDILY AS
12 IT REASONABLY CAN BE DONE, NOR SHALL HE BE WITHIN THE POLLING
13 PLACE OR WITHIN FIFTY FEET THEREOF, EXCEPT FOR THE PURPOSE OF
14 CARRYING OUT OFFICIAL DUTIES AND OF ORDINARY TRAVEL OR RESIDENCE
15 DURING THE PERIOD OF TIME BEGINNING WITH ONE HOUR PRECEDING THE
16 OPENING OF THE POLLS FOR HOLDING SUCH ELECTION AND ENDING WITH
17 THE TIME WHEN THE ELECTION OFFICERS SHALL HAVE FINISHED COUNTING
18 THE VOTES AND HAVE LEFT THE POLLING PLACE FOR THE PURPOSE OF
19 DEPOSITING THE ELECTION MATERIAL IN THE PLACE PROVIDED BY LAW
20 FOR THAT PURPOSE, EXCEPTING ONLY POLICE OFFICERS, WHO MAY
21 TEMPORARILY APPROACH OR ENTER THE POLLING PLACE IN ORDER TO MAKE
22 ANY ARREST PERMITTED BY LAW OR FOR THE PURPOSE OF PRESERVING
23 ORDER AND IN EACH CASE REMAIN ONLY LONG ENOUGH TO ACCOMPLISH THE
24 DUTIES AFORESAID AFTER WHICH THE SAID OFFICERS SHALL AT ONCE
25 WITHDRAW: PROVIDED, HOWEVER, THAT THE RIGHTS OF ANY INDIVIDUAL
26 AS A CITIZEN ARE NOT IMPAIRED HEREBY, AND THE PREROGATIVE TO
27 ATTEND MEETINGS, TO HEAR OR SEE ANY CANDIDATE OR NOMINEE, NOR TO
28 EXPRESS ONE'S INDIVIDUAL OPINION, SHALL REMAIN INVIOLATE.] OR
29 ANY OTHER PERSON OR DIRECTLY OR INDIRECTLY COERCE, ATTEMPT TO
30 COERCE OR COMMAND A STATE OR LOCAL OFFICER OR EMPLOYE OR ANY
19870H1730B2599 - 18 -
1 OTHER PERSON TO PAY, LEND OR CONTRIBUTE ANYTHING OF VALUE TO A
2 PARTY, COMMITTEE, ORGANIZATION, AGENCY OR PERSON FOR POLITICAL
3 PURPOSES. NO PERSON IN THE CLASSIFIED SERVICE SHALL BE A
4 CANDIDATE FOR PUBLIC OFFICE IN ANY PARTISAN ELECTION, INCLUDING
5 A PRIMARY ELECTION: PROVIDED, HOWEVER, THAT CANDIDACY FOR
6 POLITICAL PARTY OFFICE, EVEN IN A PARTISAN ELECTION, IS NOT
7 PROHIBITED.
8 SECTION 19. SECTION 905 OF THE ACT IS AMENDED TO READ:
9 SECTION 905. PROHIBITION OF ASSESSMENTS.--NO PERSON SHALL
10 ORALLY OR BY WRITTEN OR PRINTED COMMUNICATION, DIRECTLY OR
11 INDIRECTLY, DEMAND, SOLICIT, COLLECT OR RECEIVE OR BE IN ANY
12 MANNER CONCERNED IN DEMANDING, SOLICITING, COLLECTING OR
13 RECEIVING ANY MONEY OR VALUABLE THING OR ANY ASSESSMENT,
14 SUBSCRIPTION OR CONTRIBUTION, WHETHER VOLUNTARY OR INVOLUNTARY,
15 FROM ANY OFFICER OR EMPLOYE IN THE CLASSIFIED SERVICE FOR ANY
16 POLITICAL PURPOSE [WHATEVER] WHATSOEVER AS A CONDITION OF THEIR
17 EMPLOYMENT OR CONTINUED EMPLOYMENT, EXCEPT THAT SOLICITATION FOR
18 VOLUNTARY CONTRIBUTIONS OF CLASSIFIED SERVICE EMPLOYES BY THEIR
19 REGISTERED POLITICAL ACTION COMMITTEES SHALL BE PERMITTED. NO
20 PERSON IN THE CLASSIFIED SERVICE SHALL ORALLY OR BY WRITTEN OR
21 PRINTED COMMUNICATION, DIRECTLY OR INDIRECTLY, DEMAND, SOLICIT,
22 COLLECT OR RECEIVE OR BE IN ANY MANNER CONCERNED IN DEMANDING,
23 SOLICITING, COLLECTING OR RECEIVING ANY MONEY OR VALUABLE THING
24 FOR ANY POLITICAL PURPOSE WHATEVER. NO PERSON IN THE SERVICE OF
25 THE COMMONWEALTH SHALL REMOVE, SUSPEND, FURLOUGH, DEMOTE OR
26 PROMOTE OR IN ANY MANNER CHANGE THE OFFICIAL STATUS OR
27 COMPENSATION OF ANY OTHER PERSON IN THE CLASSIFIED SERVICE OR
28 PROMISE OR THREATEN TO DO SO FOR WITHHOLDING OR NEGLECTING TO
29 MAKE ANY CONTRIBUTION OF MONEY OR SERVICE OR OTHER VALUABLE
30 THING FOR ANY POLITICAL PURPOSE. [NO PERSON SHALL TAKE PART IN
19870H1730B2599 - 19 -
1 PREPARING ANY POLITICAL ASSESSMENT, SUBSCRIPTION OR CONTRIBUTION
2 WITH THE INTENT THAT THE SAME SHALL BE SENT OR PRESENTED TO OR
3 COLLECTED FROM ANY PERSON IN THE CLASSIFIED SERVICE, AND NO
4 PERSON SHALL KNOWINGLY SEND OR PRESENT, DIRECTLY OR INDIRECTLY,
5 IN PERSON OR BY LETTER, ANY POLITICAL ASSESSMENT, SUBSCRIPTION
6 OR CONTRIBUTION TO, OR REQUEST ITS PAYMENT BY, ANY PERSON IN THE
7 CLASSIFIED SERVICE.]
8 Section 18 20. Sections 906 and 951 of the act, amended or <--
9 added August 27, 1963 (P.L.1257, No.520), are amended to read:
10 Section 906. Removal and Disqualification of Officers and
11 Employes.--Any person holding a position in the classified
12 service who intentionally violates any of the provisions of this
13 act or of the rules made thereunder shall be immediately
14 separated from the service. It shall be the duty of the
15 appointing authority of the State Agency in which the offending
16 person is employed to remove him at once in accordance with the
17 provisions of this act. Any person removed under this section
18 shall for a period of one year be ineligible for reappointment
19 to any position in the classified service.
20 Section 951. Hearings.--(a) Any regular employe in the
21 classified service may, within twenty calendar days of receipt
22 of notice from the appointing authority, appeal in writing to
23 the commission. Any permanent separation, suspension for cause,
24 furlough or demotion on the grounds that such action has been
25 taken in his case in violation of the provisions of this act,
26 upon receipt of such notice of appeal, the commission shall
27 promptly schedule and hold a public hearing. [As soon as
28 practicable after the conclusion of the hearing, the commission
29 shall report its findings and conclusions to the appointing
30 authority and the employe. If such final decision is in favor of
19870H1730B2599 - 20 -
1 the employe, the appointing authority shall reinstate him with
2 the payment of so much of the salary or wages lost by him as the
3 commission may in its discretion order.]
4 (b) Any person who is aggrieved by an alleged violation of
5 section 905.1 of this act may appeal in writing to the
6 commission within twenty calendar days of the alleged violation.
7 Upon receipt of such notice of appeal, the commission shall
8 promptly schedule and hold a public hearing. [As soon as
9 practicable after the conclusion of the hearing, the commission
10 shall report its findings and conclusions to the aggrieved
11 person and other interested parties. If such final decision is
12 in favor of the aggrieved person, the commission shall make such
13 order as it deems appropriate to assure the person such rights
14 as are accorded him by this act.]
15 (c) All final decisions of the commission shall [not] be
16 reviewable [by any court] in accordance with the laws.
17 (d) Notwithstanding any other provisions of this section,
18 the commission may, upon its own motion, investigate any
19 personnel action taken pursuant to this act and, in its
20 discretion, hold public hearings, record its findings and
21 conclusions, and make such orders as it deems appropriate to
22 assure observance of the provisions of this act and the rules
23 and regulations thereunder.
24 Section 19 21. The act is amended by adding a section to <--
25 read:
26 Section 952. Remedies.--(a) Within sixty days after the
27 conclusion of the hearing described in section 951, the
28 commission shall report its findings and conclusions to those
29 parties directly involved in the action.
30 (b) Where such decision is in favor of the employe or the
19870H1730B2599 - 21 -
1 aggrieved person, the commission shall make such order as it
2 deems appropriate to assure such rights as are accorded the
3 individual under this act.
4 (c) In the case of any employe removed, furloughed,
5 suspended, or demoted, the commission may modify or set aside
6 the action of the appointing authority. Where appropriate, the
7 commission may order reinstatement, with the payment of so much
8 of the salary or wages lost, including employe benefits, as the
9 commission may in its discretion award.
10 Section 20 22. This act, with respect to the State Civil <--
11 Service Commission, shall constitute the legislation required to
12 reestablish an agency pursuant to the act of December 22, 1981
13 (P.L.508, No.142), known as the Sunset Act.
14 Section 21 23. The presently confirmed members of the State <--
15 Civil Service Commission constituted under section 452 of the
16 act of April 9, 1929 (P.L.177, No.175), known as The
17 Administrative Code of 1929, as of the effective date of this
18 act, shall continue to serve as commission members until their
19 present terms of office expire.
20 Section 22 24. Each rule and regulation of the commission in <--
21 effect on the effective date of this act shall remain in effect
22 after such date until repealed or amended by the commission.
23 Section 23 25. The following acts and parts of acts are <--
24 repealed:
25 Section 452 of the act of April 9, 1929 (P.L.177, No.175),
26 known as The Administrative Code of 1929.
27 As much as refers to the State Civil Service Commission in
28 section 2 of the act of September 2, 1961 (P.L.1177, No.525),
29 referred to as the Board and Commission Compensation Law.
30 Section 24 26. This act shall take effect January 1, 1988, <--
19870H1730B2599 - 22 -
1 or immediately, whichever is later.
I21L71CHF/19870H1730B2599 - 23 -