PRINTER'S NO. 647
No. 590 Session of 2001
INTRODUCED BY CLYMER, M. BAKER, BARD, BUNT, CALTAGIRONE, CURRY,
GEORGE, HENNESSEY, HERMAN, HERSHEY, LAUGHLIN, MARSICO,
McILHATTAN, S. MILLER, NAILOR, OLIVER, PRESTON, READSHAW,
RUBLEY, SATHER, SAYLOR, SHANER, STERN, J. TAYLOR, WOJNAROSKI,
YOUNGBLOOD AND YUDICHAK, FEBRUARY 8, 2001
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 8, 2001
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 the
14 commissioner's salary and meeting times; providing for
15 delegation of authority to the director; further providing
16 for recordkeeping requirements; eliminating the certification
17 of payrolls; requiring the commissioners to submit an annual
18 report; revising the records retention period; deleting
19 citizenship and oath requirements; further providing for the
20 filling of vacancies; eliminating certain requirements for
21 promotion without examination; further providing for the
22 distribution of public notice of examinations and
23 requirements for maintaining eligibility lists and for the
24 procedure for certain eligibles who waive consideration for a
25 promotion, for procedures for filling a position, for the
26 requirements of the probationary period; providing for the
27 expansion of the authority of the director to approve
28 temporary assignments; eliminating certain performance
29 standards; requiring probationary performance evaluations and
30 evaluation forms; further providing for a period of removal
31 from eligibility lists; authorizing the commissioner to
1 impose penalties; and providing copies and notices to the
2 director.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Section 3(c), (h), (i), (r), (t) and (u) of the
6 act of August 5, 1941 (P.L.752, No.286), known as the Civil
7 Service Act, amended August 27, 1963 (P.L.1257, No.520) and June
8 26, 1989 (P.L.47, No.10), are amended to read:
9 Section 3. Definition of Terms.--In this act, unless the
10 context otherwise clearly requires,--
11 * * *
12 (c) "Unclassified service" includes all positions now
13 existing or hereafter created in departments and agencies
14 included in clause (d) of this section, which are held by:
15 (1) Heads of departments of the Commonwealth and the deputy
16 heads thereof, bureau directors and division chiefs and all
17 other supervisory personnel whose duties include participation
18 in policy decisions.
19 (2) Members of boards and commissions.
20 (3) One secretary or one confidential clerk and not more
21 than five (5) other personal assistants or aides to each state
22 appointing authority, or each member thereof, as the case may
23 be, except the commission and the director.
24 (4) Any person appointed for the duration of a special
25 study, project, or internship which is scheduled to be completed
26 after a fixed or limited period of time and which, for reasons
27 set forth in the minutes of the commission, should not be
28 performed by persons in the classified service.
29 (5) Such attorney as the appointing authority shall appoint.
30 (6) Unskilled Labor.
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1 (7) All professional positions attached to the department
2 head's office which function [as] in press and/or public
3 relations [and], legislative [liaisons] liaison or development
4 of executive policy.
5 Notwithstanding any other provisions of this clause, any
6 State program which is required to have its positions under a
7 merit system because of the receipt of Federal grants-in-aid
8 shall not have more positions in the unclassified service than
9 are allowed by Federal merit system standards.
10 * * *
11 (h) "Permanent position" means a position in the classified
12 service which [is likely to be needed continuously for a period
13 of six months or more] does not have an expiration date.
14 (i) "Temporary position" means a position in the classified
15 service which arises out of temporary pressure of extra work and
16 is likely to continue for a period of [less than six months]
17 twelve months or less.
18 * * *
19 (r) "Demotion" means [a change to a position in a class
20 carrying a lower maximum salary.] the voluntary or involuntary
21 movement of an employe to a class assigned to a pay range with a
22 lower maximum salary.
23 * * *
24 (t) "Probationary period" means a preliminary period of
25 employment [prior to permanent appointment of an employe for the
26 purpose of determining his fitness for permanent employment.]
27 the purpose of which is to determine the fitness of an employe
28 for regular status.
29 (u) "Promotion" means [a change to a position in a class
30 carrying a higher maximum salary.] the movement of an employe to
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1 another class in a pay range with a higher maximum salary.
2 * * *
3 Section 2. Section 201 of the act, amended June 26, 1989
4 (P.L.47, No.10), is amended to read:
5 Section 201. State Civil Service Commission.--(a) The State
6 Civil Service Commission shall consist of three members, not
7 more than two of whom shall be of the same political
8 affiliation, appointed by the Governor, with the advice and
9 consent of a majority of the members elected to the Senate. Each
10 appointment shall be for a term of six years or until a
11 successor is appointed and qualified[, but not longer than six
12 months beyond the six-year term]. The members of the commission
13 shall hold no other public position to which a salary is
14 attached. The Governor shall designate one of the members as
15 chairman. No commission member shall hold any office or
16 position, the duties of which are incompatible with his official
17 duties.
18 (b) Each member of the commission shall receive actual
19 traveling expenses and [per diem compensation to a maximum of
20 two hundred sixty days for the time actually devoted to the
21 business of the commission.] the commissioner's compensation
22 shall be set by the Executive Board.
23 (c) Any person appointed as a member of the commission shall
24 be a citizen and legal resident of the Commonwealth for a period
25 of not less than one year who is in sympathy with modern
26 personnel methods and the application of merit principles to
27 public employment. No person who, within one year preceding his
28 appointment, has been an officer of a political party shall be
29 eligible to serve as a commissioner. The Governor may remove any
30 member of the commission, but only for incompetence,
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1 inefficiency, neglect of duty, malfeasance or misfeasance in
2 office by giving such member a statement in writing of the
3 charges against him and affording him, after notice of not less
4 than ten days, an opportunity of making written answer and, upon
5 request, being publicly heard in person and by counsel. A copy
6 of the charges and answer of the Governor's findings and a
7 transcript of the record shall be filed with the secretary of
8 the commission.
9 Section 3. Section 202 of the act is amended to read:
10 Section 202. Meetings of Commission.--The commission shall
11 meet at least once each month[, except that meetings may be
12 omitted during two summer months]. Meetings may be canceled with
13 appropriate public notice. The chairman of the commission shall
14 cause reasonable notice to be given to each member of the
15 commission and to the director of the time and place of each
16 meeting. Meetings shall be held at the call of the chairman, the
17 Governor, or any member of the commission. Two members of the
18 commission shall constitute a quorum at any meeting.
19 Section 4. Section 203 of the act, amended August 27, 1963
20 (P.L.1257, No.520) and repealed in part July 31, 1968 (P.L.769,
21 No.240), is amended to read:
22 Section 203. Duties of Commission.--It shall be the duty of
23 members of the commission as a body--
24 (1) After public hearing, as hereinafter set forth, to
25 establish, adopt and amend rules, either on its own motion or
26 upon recommendation of the director, for making effective the
27 provisions of this act.
28 (2) Upon request or on its own motion, as herein provided,
29 in cases of demotion, furlough, suspension and removal to
30 conduct investigations, hold public hearings, render decisions
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1 on appeals and record its findings and conclusions.
2 (3) To make investigations on its own motion and, in its
3 discretion, on petition of a citizen concerning any matter
4 touching the enforcement and effect of the provisions of this
5 act and to require observance of the provisions of this act and
6 the rules and regulations thereunder.
7 (4) To make such investigations as may be requested by the
8 Governor or the legislature and to report thereon.
9 (5) To report on an annual basis, beginning June 1, 1975 and
10 each June first, thereafter, to the General Assembly on all
11 complaints, grievances, and cases arising from questions by
12 veterans with regard to the application of and the results
13 attained by use of the veterans' preference provisions of this
14 act with regard to hiring, promotion, and firing of employes
15 covered by this act.
16 (6) Upon its own motion and subject to the specific terms
17 and conditions imposed, to delegate authority to the director to
18 promote the efficient and effective performance of the
19 administrative duties of the commission.
20 Section 5. Sections 206 and 210 of the act, amended June 26,
21 1989 (P.L.47, No.10), are amended to read:
22 Section 206. Powers and Duties of Director.--Under the
23 direction and supervision of the commission, the director,
24 except as otherwise provided in this act, shall direct and
25 supervise the administrative work of the commission. The
26 director shall have power and the duty--
27 (1) To appoint [from employment lists established under this
28 act such examiners, investigators, clerks and other assistants]
29 such staff to classified service positions as may be necessary
30 to carry out this act and to supervise and direct this work.
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1 (2) To attend the meetings of the commission.
2 (3) To prepare and recommend to the commission rules and
3 amendments thereto.
4 (4) To establish and maintain a record of all employes in
5 the classified service, showing [for each such person the date
6 appointed or employed, the title of the position held, the rate
7 of compensation and every change in his status, including
8 increases and decreases in pay, changes in title transfers, and
9 such other data as he may consider] such data as the director
10 considers desirable and pertinent. [The director shall, within
11 sixty calendar days after the effective date of this amending
12 act, transfer all position classification records to the budget
13 secretary.]
14 (5) To administer and make effective the provisions of this
15 act and of the rules made thereunder, including those relating
16 to the preparation and conduct of examinations, the preparation
17 of eligible lists, the certification of persons qualified for
18 employment, the transfer, promotion, suspension, demotion,
19 removal, furlough, leave of absence and resignation of employes,
20 the rating of employes' services, the requiring of health
21 examinations at the discretion of appointing authorities as a
22 condition of initial or continued employment[, the checking and
23 certification of pay-rolls before payment].
24 (6) To investigate the effect of the administration of this
25 act and of the rules made thereunder and to report his findings
26 and recommendations to the commission.
27 (8) To make an annual report in writing, not later than
28 [September] November first of each year[, to the commission]
29 concerning the administrative and legal work [of] performed by
30 the commission[, including pertinent information and
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1 recommendations] during the preceding fiscal year.
2 (9) To do any act or acts required by this act, or directed
3 by the commission, or the rules made thereunder.
4 (10) To request assistance, from among the attorneys
5 appointed under section 204.1, such legal counsel as may be
6 necessary in the performance of his administrative duties.
7 Section 210. Records Open to the Public.--The minutes of the
8 commission shall be preserved as permanent records. The
9 correspondence, eligible lists [and], other papers and records
10 of the commission [shall be preserved for four years.
11 Applications], applications, examination records [and], other
12 documents submitted by candidates [shall be maintained for a
13 period equal to the candidate's eligibility, plus one year.
14 Records] and records of candidates who do not report for one or
15 more parts of an examination shall be maintained [for a period
16 of six months after they did not report.] for periods
17 established in the commission's records retention schedule,
18 which may be changed at the discretion of the director to meet
19 the criteria and needs of the commission. The commission and its
20 director, in its deliberations, may rely on computerized or
21 [photocopied] electronically or mechanically reproduced records.
22 On written request, supported by justification acceptable to the
23 director, and subject to reasonable regulation, all records of
24 the commission shall be open to public inspection during
25 ordinary business hours, except as herein specifically otherwise
26 provided. The director shall take all due precautions to prevent
27 the securing in advance by any unauthorized person of questions
28 or other material to be used in any test unless such questions
29 or materials are available to all competitors. The director
30 shall prevent the identification by any examiner or other
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1 persons, where identity is concealed, of papers or work of any
2 competitor in an examination before the papers or work of all
3 competitors in that examination have been rated. Statements of
4 former employers of competitors in examinations shall be
5 considered confidential and not open to inspection.
6 Section 6. Section 501 of the act, amended November 26, 1978
7 (P.L.1210, No.285), is amended to read:
8 Section 501. Examinations Requisite for Appointment and
9 Promotion.--Except as otherwise provided in this act,
10 appointments of persons entering the classified service or
11 promoted therein shall be from eligible lists established as the
12 result of examinations given by the director to determine the
13 relative merit of candidates. Such examinations may be written
14 and shall be competitive and open to all persons who may be
15 lawfully appointed to positions within the classes for which the
16 examinations are held, except that persons in unskilled
17 positions shall enter the classified service by promotion
18 without examination provided: (1) such promotion is into a
19 classified position immediately above the person's own position;
20 (2) such promotion is based on seniority and meritorious
21 service; (3) the person meets the minimum requirements for that
22 position; and (4) the person satisfactorily completes a six
23 month probationary period in the classified position. If no
24 persons in such unskilled positions meet the preceding
25 requirements, the vacant position may be filled pursuant to
26 Article V. Persons applying for positions or promotions in the
27 classified service shall be [citizens of the United States and]
28 residents of the Commonwealth and where applicable to the
29 administrative district. Notwithstanding any of the provisions
30 of this act, whenever an appointing authority finds a lack of a
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1 sufficient number of qualified personnel available for
2 appointment to any particular class or classes of positions,
3 [he] the appointing authority may present evidence thereof to
4 the director who may waive the residence [and citizenship]
5 requirements for such class or classes of positions. [A
6 noncitizen appointed pursuant to the provisions of this section
7 shall not be eligible for continued employment unless he files
8 an application for citizenship as soon as he is eligible
9 therefor, and thereafter diligently prosecutes the same.] The
10 director shall prepare the proper State and district employment
11 and promotion eligible lists: Provided, That after an
12 examination has been conducted for any class of positions, if
13 there is no person with such legal residence in any
14 administrative district, remaining on the register the director
15 shall certify and the appointing authority may make the
16 appointment or promotion from the names of persons on an
17 appropriate eligible list for the same class of positions of
18 other administrative districts. Limitations as to age, sex,
19 health, moral character, experience and other qualifications may
20 be specified in the rules of the commission and in the
21 announcements of the examinations. All applications for
22 positions in the classified service shall be [under oath. As far
23 as is in the judgment of the commission consistent with the best
24 interest of the Commonwealth, vacancies shall be filled by
25 promotion.] subject to the penalties of 18 Pa.C.S. § 4904
26 (relating to unsworn falsification to authorities). The
27 commission may limit competition in promotion examinations to
28 employes in the classified service who have completed their
29 probationary period in a class or classes designated in the
30 public notice of the examinations, and may permit promotions to
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1 be accomplished by any one of the following plans: (1) by
2 appointment from open competitive lists; or (2) by achieving a
3 place on an eligible list after a promotional examination, such
4 examination having been given at the request of the appointing
5 authority; or (3) by promotion based upon meritorious service
6 and seniority to be accomplished by appointment without
7 examination, if [(i)] the person has completed [his] the
8 probationary period in the next lower position[, (ii) he] and
9 meets the minimum requirements for the higher position[, and
10 (iii) he receives the unqualified recommendation of both his
11 immediate superior and the appointing authority of his
12 department or agency].
13 Section 7. Sections 502, 504 and 506 of the act, amended
14 August 27, 1963 (P.L.1257, No.520), are amended to read:
15 Section 502. Nature of Examinations.--The director shall
16 give examinations to establish employment and promotion lists.
17 [The tests in such examination] Such examinations may be written
18 or oral, or a demonstration of skill, or an evaluation of
19 experience and education, or a combination of these, which shall
20 fairly appraise [and determine the merit, qualifications,] the
21 fitness and ability of competitors. Such [tests] examinations
22 shall be practical in character and shall relate to the duties
23 and responsibilities of the position for which the applicant is
24 being examined and shall fairly test the relative capacity and
25 fitness of persons examined to perform the duties of the class
26 of positions to which they seek to be appointed or promoted. An
27 applicant may be required to possess scholastic education
28 qualifications only if the position for which [he] the applicant
29 is being examined requires professional or technical knowledges,
30 skills and abilities, or if such scholastic qualifications are
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1 required to assure the continued eligibility of the Commonwealth
2 for Federal grants-in-aid. No greater credit for experience
3 gained during a provisional, emergency or temporary appointment
4 under this act or acts repealed hereby shall be given to any
5 person in any examination than is given in such examination for
6 experience in the same type of work performed in a similar
7 position not under the provisions of this act or acts repealed
8 hereby. In evaluating experience in order to compute the final
9 rating in any examination to establish employment and promotion
10 lists, persons discharged other than dishonorably, after active
11 service during any war or armed conflict in which the United
12 States engaged, from any branch of the armed service of the
13 United States, or from any women's uniformed service directly
14 connected therewith, shall not be given less credit for
15 experience than would be given for continued experience in the
16 position held at the time of induction in the service. No
17 question in any examination shall relate to the race, gender,
18 religion or political or labor union affiliation of the
19 candidate.
20 Section 504. Public Notice of Examinations.--The director
21 shall give public notice of all examinations for positions or
22 promotions in the classified service at least two weeks in
23 advance of the final date for filing applications [for such
24 examinations by posting an appropriate notice on the bulletin
25 board maintained in or near the commission's principal office,
26 by furnishing at least twenty copies of such notice to the
27 newspaper correspondents' office in the State Capitol, and at
28 least one copy of such notice to each office throughout the
29 State of all the departments set forth in Article I, section 3,
30 clause (d) of this act, directing that such notice shall
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1 immediately be posted on a public bulletin board maintained in
2 each such office. The director may give such further public
3 notice as he deems advisable. Such notice shall give the
4 schedule and general scope of examination, the weights to be
5 given to each of the tests in the examination, the duties, pay,
6 experience, education and other qualifications requisite for all
7 positions in the class for which the examination is to be held
8 and the manner and place in which application forms and detailed
9 pertinent information may be obtained] as prescribed by the
10 rules of the commission.
11 Section 506. Establishment of Eligible Lists.--The director
12 shall establish and maintain such eligible lists [for the
13 various classes of positions in the classified service] as are
14 necessary or desirable to meet the needs of the service. These
15 lists shall contain the names of [persons] those persons who
16 have been found qualified for and have successfully passed the
17 examination and shall be arranged in the order of final earned
18 ratings [who have been given at least such minimum rating or
19 ratings as may be fixed for the whole examination or for the
20 whole examination and for any one or more of the tests].
21 Section 8. Section 601 of the act, amended June 26, 1989
22 (P.L.47, No.10), is amended to read:
23 Section 601. Certification.--Whenever a vacancy is likely to
24 occur or is to be filled in [a permanent position in] the
25 classified service, the appointing authority shall submit to the
26 director a statement indicating the position to be filled.
27 Unless the appointing authority elects to follow one of the
28 alternative [provisions of section five hundred one] procedures
29 provided for in this act, or unless there is in existence a
30 labor agreement covering promotions [in permanent positions] in
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1 the classified service, in which case the terms and procedures
2 of such labor agreement relative to the procedures for
3 promotions shall be controlling, the director shall [thereupon]
4 certify to the appointing authority the names of the three
5 eligibles [willing to accept appointment] who are highest on the
6 appropriate promotion list or employment list, whichever is in
7 existence, or from the one, which under the rules of the
8 commission, has priority. If the appropriate [list] employment
9 or promotion certification of eligibles contains [less] fewer
10 than three eligibles who are willing to accept appointment, [the
11 names certified may be taken from the other appropriate list to
12 make a certification of at least three eligibles. If there are
13 [less] fewer than three eligibles on appropriate eligible lists
14 who are willing to accept appointment, the director shall
15 certify all the names on these lists. If] or, if there is no
16 appropriate eligible list, the appointing authority may appoint
17 an available eligible from the approved list or request the
18 director [may] to certify from such other list or lists as [he]
19 the director deems the next most nearly appropriate. If
20 operational conditions of the appointing authority so dictate
21 and it is found to be in the interest of the service to the
22 Commonwealth, the commission may authorize selective
23 certifications based on standards to be prescribed by the
24 commission. [If upon inquiry by the director any] Any person on
25 any promotion or employment list [is found to be not available]
26 who waives consideration for promotion or appointment[, his name
27 shall not for the time being] need not be considered among the
28 names from which a promotion or appointment is to be made.
29 Section 9. Section 602 of the act, amended October 7, 1974
30 (P.L.676, No.226), is amended to read:
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1 Section 602. Selection and Appointment of Eligibles.--
2 [Unless it is found to be in the interest of the service of the
3 Commonwealth not to fill a vacant position, or unless the terms
4 of a collective bargaining agreement in existence provide
5 alternative promotion filling procedures, in which case the
6 terms of such labor agreement shall be controlling, the
7 appointing authority, within thirty days, shall appoint the
8 person whose name is, or one of the persons whose names are,
9 certified by the director. If the vacant position is to be
10 filled from among the names of employes on the appropriate
11 promotion list which have been submitted to the appointing
12 authority, he shall select a person, provided he is among the
13 three highest ranking persons on such list or that his final
14 mark or grade is not more than one point below the mark or grade
15 of the person ranking highest on such list unless there is in
16 existence a labor agreement covering promotions in which case
17 the terms of such labor agreement shall be controlling. In
18 making the second, third and any additional promotion in the
19 same class of position, the appointing authority in like manner
20 shall select a person from among the three highest ranking
21 persons remaining on such list, or he shall select a person
22 whose final mark or grade is not more than one point below the
23 mark or grade of the highest ranking person remaining on such
24 list, except where the terms of a collective bargaining
25 agreement in existence provide otherwise, in which case the
26 terms of the collective bargaining agreement shall be
27 controlling. If the vacant position is to be filled from among
28 the names of persons certified from the employment list by the
29 director to the appointing authority, he shall select a person
30 from among the three highest ranking persons for the class of
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1 position to be filled, unless there is in existence a labor
2 agreement covering promotions in which case the terms of such
3 labor agreement shall be controlling. For the second, third, and
4 any additional vacancy in the same class of position the
5 appointing authority shall make selection from among the three
6 highest ranking persons remaining on such list who have not been
7 within his reach for three separate vacancies.] If a vacant
8 position is to be filled, an appointing authority may request
9 the director to issue an appropriate certification of eligibles
10 unless a labor agreement contains promotion procedures which are
11 inconsistent with this act, in which case the terms of such
12 labor agreement shall be controlling. The certification of
13 eligibles shall be valid for sixty work days. If the vacant
14 position is to be filled from an employment or promotion list,
15 the appointing authority shall select a person who is among the
16 three highest ranking available persons on the certification of
17 eligibles. In making the second, third or any additional
18 selection from the eligibles on an employment or promotional
19 certification, each selection shall be from among the three
20 highest scoring available persons remaining on such
21 certification of eligibles. After a [name] person has been
22 rejected three times by an appointing authority in favor of
23 others on the same eligible list, such [name] person shall not
24 again be certified to that appointing authority, except upon
25 written request from the appointing authority. Appointing
26 authorities shall promptly report to the director the [selection
27 and] appointment of eligibles [whose names] who have been
28 certified. If [an] a certified eligible [whose name has been
29 certified shall refuse] refuses to accept an [appointment
30 offered to him,] offer of employment, such refusal shall be
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1 promptly investigated by the director and, if it be found that
2 the refusal has been made for improper or insufficient reasons,
3 the director shall after giving ten days' notice to such person
4 remove [his name] the eligible from the list.
5 Section 10. Sections 603 and 605 of the act, amended June
6 26, 1989 (P.L.47, No.10), are 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 shall not exceed twenty-four months. [At such
18 times during the probationary period, and in such manner as the
19 director may require, the appointing authority shall report to
20 the director an observation of the work of the employe and a
21 judgment as to the willingness and ability of the employe to
22 perform the duties satisfactorily and as to the employe's
23 dependability.] At any time during the probationary period, the
24 appointing authority may remove an employe if in the opinion of
25 the appointing authority the probation indicates that such
26 employe is unable or unwilling to perform the duties
27 satisfactorily or that the employe's dependability does not
28 merit continuance in the service. Upon such removal, the
29 appointing authority shall [forthwith report this action to the
30 director and to] notify the employe [so removed. No more than
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1 three employes shall be removed successively from the same
2 position during their probationary periods without the approval
3 of the director. The director, with the approval of the
4 commission, shall remove an employe during the probationary
5 period if it is found after the employe has been given notice
6 and an opportunity to be heard that the employe was appointed as
7 a result of fraud.] in a manner prescribed by the rules of the
8 commission.
9 (b) [Ten working days prior to the expiration of an
10 employe's probationary period the appointing authority shall
11 notify the employe in writing whether the services of the
12 employe have been satisfactory. A copy of such notice shall be
13 given to the director. If the employe's work has been
14 satisfactory, the employe shall at the completion of the
15 probationary period become a classified service employe under
16 the provisions hereof and continue in that position unless
17 separated therefrom as herein provided.] If the employe's work
18 has been satisfactory, the employe shall be notified by the
19 appointing authority in writing prior to the completion of the
20 probationary period that the employe has attained regular status
21 in the classified service.
22 (c) If any employe is removed from a position during or at
23 the end of the probationary period, and the director determines
24 that the employe is suitable for appointment to another
25 position, the employe's name may be restored to the list from
26 which it was certified.
27 Section 605. Temporary Appointments to Extra Positions.--
28 When from pressure of work an extra position in the classified
29 service must be established for a period of [less than] twelve
30 months or less, the appointing authority shall request the
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1 director [in writing] to certify the name of a qualified person
2 from an appropriate list of eligibles or by other means
3 authorized by this act. In such request the appointing authority
4 shall state the cause of the extra work, the probable length of
5 employment and the duties which the appointee is to perform.
6 Section 11. Sections 607, 701 and 702 of the act are
7 repealed.
8 Section 12. Section 704 of the act, amended June 21, 1947
9 (P.L.835, No.348), is amended to read:
10 Section 704. [Service Standards and Ratings.--In cooperation
11 with appointing authorities the director shall establish and may
12 from time to time amend standards of performance and output for
13 employes in each class of positions in the classified service or
14 for groups of classes and a system of service ratings based upon
15 such standards. Service ratings] Performance Ratings.--(a)
16 Performance evaluations shall be considered for such purposes as
17 the rules of the commission shall provide.
18 (b) Agencies shall evaluate the performance of their
19 employes during their probationary period and at least once a
20 year thereafter.
21 (c) Performance evaluation forms and procedures shall be
22 reviewed and approved by the director prior to utilization.
23 Section 13. Section 705 of the act, amended June 26, 1989
24 (P.L.47, No. 10), is amended to read:
25 Section 705. [Transfers and Assignments.--An appointing
26 authority may at any time assign a classified employe under its
27 jurisdiction from one position to another in the same class, or
28 in a similar class for which the employe qualifies. In every
29 case the appointing authority shall give written notice of this
30 action to the director, according to the rules of the
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1 commission. Transfer of a classified employe from a position
2 under the jurisdiction of one appointing authority to a position
3 under the jurisdiction of another appointing authority may be
4 made subject to such rules and with the approval of the director
5 and of both appointing authorities concerned. Any transfer of an
6 employe from a position in one class to a position in a class
7 for which a higher maximum rate of compensation is prescribed
8 shall be deemed a promotion and may be accomplished only in the
9 manner hereinbefore provided for the making of promotions. No
10 person shall ever be transferred from a position in the
11 unclassified service to a position in the classified service
12 unless appointed to such latter position after certification of
13 the person's name from an eligible list in accordance with the
14 provisions of this act.] Transfers and Reassignments.--(a) The
15 transfer of a classified service employe from a position under
16 the jurisdiction of one appointing authority to a position in
17 the same class under the jurisdiction of another appointing
18 authority may be made with the approval of the director and both
19 appointing authorities.
20 (b) An appointing authority may at any time reassign a
21 classified service employe under its jurisdiction from one
22 position to another in the same class, or in a similar class at
23 the same pay range for which the employe qualifies.
24 (c) Transfers and reassignments shall be accomplished in a
25 manner prescribed in the rules of the commission.
26 (d) Any transfer or reassignment of an employe from a
27 position in one class to a position in a class for which a
28 higher maximum salary is prescribed shall be deemed a promotion
29 and may be accomplished only in the manner provided for in this
30 act.
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1 (e) No person shall be transferred or reassigned from a
2 position in the unclassified service unless appointed to such
3 latter position after certification of the person's name from an
4 eligible list in accordance with the provisions of this act.
5 Section 14. Section 705.1 of the act is repealed.
6 Section 15. Section 706 of the act, amended August 27, 1963
7 (P.L.1257, No.520), is amended to read:
8 Section 706. Demotions.--(a) An appointing authority may
9 demote to a vacant position in a lower class any employe in the
10 classified service who does not satisfactorily perform the
11 duties of the position to which [he] the employe was appointed
12 or promoted and who is able to perform the duties of the lower
13 class. In case of such demotion the employe shall have all
14 rights of appeal as provided in this act. No employe shall be
15 demoted because of [his] the employe's race, gender, religion or
16 political, partisan or labor union affiliation. [A demotion may
17 also be made by an appointing authority with the approval of the
18 director upon the written petition of the employe stating the
19 reasons therefor and supported by such evidence as the director
20 may require to show that the employe is able to perform the
21 duties of the class of position to which he petitions that he be
22 demoted.]
23 (b) A voluntary demotion may be made by an appointing
24 authority upon written request of the employe and with the
25 approval of the director.
26 Section 16. Sections 803 and 804.1 of the act, amended June
27 26, 1989 (P.L.47, No.10), are amended to read:
28 Section 803. Suspension.--An appointing authority may for
29 good cause suspend without pay for disciplinary purposes an
30 employe holding a position in the classified service. [Such
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1 suspension shall not exceed in the aggregate thirty working days
2 in one calendar year.] Suspensions, including suspensions
3 pending internal investigation, shall not exceed sixty working
4 days in one calendar year; however, suspensions pending
5 investigation by external agencies, such as Inspector General,
6 Attorney General, district attorney or Pennsylvania State
7 Police, may be maintained up to thirty working days after
8 conclusion of the external investigation. No person shall be
9 suspended because of race, gender, religion or political,
10 partisan or labor union affiliation. What shall constitute good
11 cause for suspension may be stated in the rules. An appointing
12 authority shall forthwith report to the director in writing
13 every suspension, together with the reason or reasons therefor,
14 and shall send a copy of such report to the suspended employe.
15 Such report shall be made a part of the commission's public
16 records.
17 Section 804.1. Rights of Promoted Employe During
18 Probationary Period.--[If the probationary period has resulted
19 from a promotion, such removal shall not be from the classified
20 service except for just cause. A classified employe during a
21 probationary period resulting from promotion, shall, if the
22 employe's performance is satisfactory, be returned to the
23 position or class held immediately prior to such promotion
24 without necessity of appeal or hearing.](a) An employe serving
25 a probationary period which has resulted from a promotion, may
26 be removed from the classified service only for just cause.
27 (b) During the first three months of the probationary
28 period, the employe has the option to return to the position
29 previously held. At any time after the first three months, an
30 employe in probationary status may return to the previous
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1 position or classification with written consent of the
2 appointing authorities.
3 (c) If the employe's performance during the probationary
4 period is not satisfactory to the appointing authority, the
5 employe shall be returned to the position or class held
6 immediately prior to such promotion without necessity of appeal
7 or hearing.
8 Section 17. Sections 805 and 901 of the act are repealed.
9 Section 18. Sections 902, 905.2(f) and 906 of the act,
10 amended or added June 26, 1989 (P.L.47, No.10), are amended to
11 read:
12 Section 902. False Statements Made under Oath Constitute
13 Perjury.--Any false statement made under oath, either orally or
14 in writing, in any application or other paper filed with the
15 commission or in any proceeding before the commission or in any
16 investigation conducted by or under the direction of the
17 commission or by the director or in any proceedings arising
18 under this act shall be perjury and punishable as such. Any
19 person intentionally failing to disclose a material fact or in
20 any manner concealing any information in order to obtain
21 employment or promotion under this act shall, in addition to any
22 other penalty herein provided, be removed from all eligible
23 lists for a period of time to be determined by the commissioners
24 and, if appointed or promoted, [he shall] be summarily removed.
25 Section 905.2. Political Activity.--* * *
26 (f) A person in the classified service who violates this
27 section shall be removed from employment and funds appropriated
28 for the position from which removed thereafter may not be used
29 to pay the employe or individual: Provided, That, the commission
30 at its discretion may impose a penalty of suspension without pay
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1 [for at least thirty days, but] of not more than one hundred
2 twenty working days, if it finds that the violation does not
3 warrant termination.
4 * * *
5 Section 906. Removal and Disqualification of Officers and
6 Employes.--Except as otherwise provided in section 905.2, any
7 person holding a position in the classified service who
8 intentionally violates any of the provisions of this act or of
9 the rules made thereunder shall be immediately separated from
10 the service. It shall be the duty of the appointing authority of
11 the State Agency in which the offending person is employed to
12 remove him at once in accordance with the provisions of this
13 act. Any person removed under this section shall [for a period
14 of one year] be ineligible for reappointment to any position in
15 the classified service for a period of time to be determined by
16 the commissioners.
17 Section 19. Section 950 of the act, added August 27, 1963
18 (P.L.1257, No.520), is amended to read:
19 Section 950. Notice.--[Every person in the classified
20 service shall be furnished with written] Written notice of any
21 personnel action taken [with respect to him] pursuant to the
22 provisions of this act shall be provided to the affected
23 employe. Such notice[, a copy of which shall be submitted to the
24 commission,] shall be furnished within time limits prescribed by
25 the rules of the commission. Copies of such notices shall be
26 provided to the director upon request. The notice shall in the
27 case of the permanent separation, suspension for cause, or
28 involuntary demotion of a regular employe set forth the reason
29 or reasons for the action.
30 Section 20. This act shall take effect in 60 days.
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