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        PRIOR PRINTER'S NOS. 1613, 1841               PRINTER'S NO. 2915

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1308 Session of 2007


        INTRODUCED BY CALTAGIRONE, BELFANTI, CREIGHTON, DALEY, GEIST,
           HENNESSEY, JAMES, KIRKLAND, KORTZ, MURT, YOUNGBLOOD,
           SIPTROTH, HORNAMAN AND THOMAS, MAY 18, 2007

        AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
           DECEMBER 3, 2007

                                     AN ACT

     1  Amending the act of June 23, 1931 (P.L.932, No.317), entitled
     2     "An act relating to cities of the third class; and amending,
     3     revising, and consolidating the law relating thereto,"
     4     providing for a probationary period for police officers and
     5     firefighters.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  The act of June 23, 1931 (P.L.932, No.317), known
     9  as The Third Class City Code, reenacted and amended June 28,
    10  1951 (P.L.662, No.164), is amended by adding a section SECTIONS   <--
    11  to read:
    12     Section 4408.1.  Probationary Period.--(a)  All appointments
    13  to any position in the city police department POLICE DEPARTMENT   <--
    14  OF A CITY or for any position as a fireman or fire inspector OF   <--
    15  A CITY shall be for a probationary period of NOT LESS THAN SIX    <--
    16  MONTHS AND NOT MORE THAN twelve months. An DURING THE             <--
    17  PROBATIONARY PERIOD, AN appointee may be dismissed only for
    18  cause, during the probationary period in accordance with this     <--


     1  article and Articles XX and XXI. A CAUSE SPECIFIED IN SECTION     <--
     2  4408.2. If, at the close of the probationary period, AND AFTER    <--
     3  CONSULTING WITH OR RECEIVING A RECOMMENDATION FROM THE MAYOR AND
     4  EITHER THE CHIEF OF POLICE OR FIRE CHIEF, AS APPLICABLE, the
     5  conduct or fitness of the probationer has not been satisfactory
     6  to the city council, the probationer shall be notified in
     7  writing that the probationer will not receive a permanent
     8  appointment. Thereupon, the appointment of the probationer shall
     9  cease; otherwise, the retention of the probationer shall be
    10  equivalent to a permanent appointment.
    11     (b)  The provisions in subsection (a) as they relate to
    12  firemen and fire inspectors OF A CITY shall supersede any         <--
    13  provision to the contrary in the act of May 31, 1933 (P.L.1108,
    14  No.272), entitled, as amended, "An act providing for the
    15  appointment, promotion, reduction, removal and reinstatement of
    16  paid officers, firemen and employes of fire departments and of
    17  fire alarm operators and fire box inspectors in the bureaus of
    18  electricity in cities of the third class; defining the powers
    19  and duties of civil service commissions for such purposes; and
    20  fixing penalties."
    21     (C)  AS USED IN THIS SECTION, THE TERM "CITY" SHALL MEAN A     <--
    22  CITY OF THE THIRD CLASS OPERATING UNDER THIS ACT, AN OPTIONAL
    23  CHARTER ADOPTED UNDER THE ACT OF JULY 15, 1957 (P.L.901,
    24  NO.399), KNOWN AS THE "OPTIONAL THIRD CLASS CITY CHARTER LAW,"
    25  OR A HOME RULE CHARTER OR AN OPTIONAL PLAN ADOPTED UNDER 53
    26  PA.C.S. PT. III, SUBPT. E (RELATING TO HOME RULE AND OPTIONAL
    27  PLAN GOVERNMENT).
    28     SECTION 4408.2.  REASONS FOR DISMISSAL.--THE CITY COUNCIL MAY
    29  DISMISS ANY PERSON WHO HOLDS A POSITION IN THE POLICE DEPARTMENT
    30  OF THE CITY OR WHO IS A FIREMAN OR FIRE INSPECTOR OF THE CITY
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     1  DURING THE PROBATIONARY PERIOD FOR THE PERSON IF THE CITY
     2  COUNCIL FINDS THE PERSON:
     3     (1)  LACKS ANY OF THE MINIMUM QUALIFICATIONS FOR EXAMINATION
     4  PRESCRIBED IN THE RULES AND REGULATIONS ADOPTED FOR THE POSITION
     5  OR EMPLOYMENT FOR WHICH THE PERSON HAS APPLIED;
     6     (2)  IS PHYSICALLY DISABLED AND UNFIT FOR THE PERFORMANCE OF
     7  THE DUTIES OF THE POSITION TO WHICH THE PERSON SEEKS EMPLOYMENT;
     8     (3)  IS ADDICTED TO THE HABITUAL USE OF INTOXICATING LIQUORS
     9  OR NARCOTIC DRUGS;
    10     (4)  TO HAVE BEEN CONVICTED OF ANY CRIME INVOLVING MORAL
    11  TURPITUDE;
    12     (5)  COMMITTED ANY INFAMOUS OR NOTORIOUSLY DISGRACEFUL
    13  CONDUCT;
    14     (6)  TO HAVE BEEN DISMISSED FROM PUBLIC SERVICE FOR
    15  DELINQUENCY OR MISCONDUCT OF OFFICE; OR
    16     (7)  IS AFFILIATED WITH ANY GROUP WHOSE POLICIES OR
    17  ACTIVITIES ARE SUBVERSIVE TO THE FORM OF GOVERNMENT SET FORTH IN
    18  THE CONSTITUTIONS AND LAWS OF THE UNITED STATES AND THIS
    19  COMMONWEALTH.
    20     Section 2.  This act shall take effect in 60 days.







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