SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY FREEMAN, GRUCELA, ROSS, GINGRICH, KESSLER AND CALTAGIRONE, MAY 26, 2009

SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, SEPTEMBER 21, 2010   

AN ACT

Amending the act of June 23, 1931 (P.L.932, No.317), entitled

"An act relating to cities of the third class; and amending,

revising, and consolidating the law relating thereto," in

<--

civil service, further providing for rules and regulations

and examinations and for selection of appointee from a

certified list of applicants providing for physical and

<--

psychological medical examinations; further providing for

grading for discharged servicemen and for selection of

appointee; and providing for promotions of civil service

applicants.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of June 23, 1931 (P.L.932, No.317), known

as The Third Class City Code, reenacted and amended June 28,

1951 (P.L.662, No.164), is amended by adding a section to read:

Section 4404.1.  Physical and Psychological Medical

Examinations.--(a)  A board may require that an applicant

conditionally appointed in accordance with section 4406 of this

act undergo a physical or psychological medical examination as a

condition of permanent appointment. Physical medical

examinations, if required, shall be under the direction of a

physician or other qualified medical professional. Psychological

medical examinations, if required, shall be under the direction

of a psychiatrist or psychologist.

(b)  A physician, other qualified medical professional,

psychiatrist or psychologist shall be appointed by council and

shall render an opinion as to whether the conditional appointee

has a physical or mental condition which calls into question his

<--

or her the individual's ability to perform all of the essential

<--

functions of the position for which he or she the individual was

<--

conditionally appointed.

(c)  If the opinion rendered by the medical examiner 

<--

physician, other qualified medical professional, psychiatrist or

<--

psychologist calls into question the conditional appointee's

ability to perform all essential functions of a position, the

director of the department within which the position is to be

filled shall meet with the conditional appointee for the purpose

of having one or more interactive discussions focused on the

<--

issue of on whether the conditional appointee can, with or

<--

without reasonable accommodation, perform all the essential

functions of the position.

(d)  If, at the conclusion of the interactive discussion

process under subsection (c), the department director determines

<--

that the conditional appointee is not qualified, the department

director shall give written notice to the conditional appointee

and the board.

(e)  Nothing in this act shall be construed as authorizing to

<--

authorize physical or psychological medical examinations prior

to conditional appointment in accordance with section 4406 of

this act.

(f)  As used in this section, the term "medical the following

<--

definitions shall apply:

"Medical examination" shall mean any examination, procedure,

inquiry or test designed to obtain information about medical

history or a physical or mental condition which might disqualify

an applicant if it would prevent the applicant from performing,

with or without reasonable accommodation, all of the essential

functions of the position.

"Physician" shall have the meaning given to it in 1 Pa.C.S. §

<--

1991 (relating to definitions).

"Qualified medical professional" shall mean an individual, in

collaboration with or under the supervision or direction of a

physician, as may be required by law, who is licensed:

(1)  as a physician assistant pursuant to the act of December

20, 1985 (P.L.457, No.112), known as the "Medical Practice Act

of 1985," or the act of October 5, 1978 (P.L.1109, No.261),

known as the "Osteopathic Medical Practice Act"; or

(2)  as a certified registered nurse practitioner pursuant to

the act of May 22, 1951 (P.L.317, No.69), known as "The

Professional Nursing Law."

Section 2.  Section 4405 of the act is amended to read:

<--

Section 4405.  Grading for Discharged Servicemen.--When any

person who was engaged in the military service of the United

States during any military engagement in which the United States

participated, and has an honorable discharge therefrom, shall

take any examination for appointment [or promotion, his], the 

examination shall be marked or graded in the same manner as

provided for all other examinations. When the examination of

[any such person] the discharged individual is completed and

graded, if the grade is passing, [then such] the grading or

percentage as the examination merits shall be increased by

fifteen per centum, and [such] the total mark or grade shall

represent the final grade or classification of [such person] the

discharged individual and shall determine [his or her] the

individual's order of standing on the [eligible] eligibility 

list. For the purpose of this article[, the military service]:

(1)  "Military service" means the army, navy, marines, air

force, coast guard, and any branch or unit thereof[; and

servicemen].

(2)  "Servicemen" means [the members thereof] members of the

military service, including women[; and military engagement].

(3)  "Military engagement" includes land, naval and air

engagements.

Section 2 3.  Section 4406 of the act, amended October 13,

<--

1965 (P.L.579, No.300), is amended to read:

Section 4406.  Selection of Appointee from Certified List of

Applicants.--[Said] The boards shall make and keep, in numerical

<--

order, a list containing the names of all applicants for civil

service positions in [said] the city who may pass the required

<--

[mental and physical examinations.] examinations, including any

required physical fitness or agility examinations that are job-

related and consistent with business necessity. Where more than

one person takes examinations for any [of said positions] 

<--

position at the same time, the names of all those successfully

passing [such] the examination shall be entered upon the 

<--

eligibility list [of eligible names] in the order of their

<--

respective percentages, the highest coming first. The board

shall furnish to council a certified copy of all lists so

prepared and kept. Wherever any vacancy shall occur in any civil

service position in [said] the city, the city council shall make

<--

written application to the president of the proper board, who

shall forthwith certify to the city council, in writing, the

three names on the eligibility list [of applicants for such] for

<--

the position having the highest percentage, but if there be less

than three eligible names on [such] the list, the board shall

<--

certify [such name or] the names. [Thereupon the] The director

<--

of the department in which [such] the appointment is to be made

<--

shall nominate to the city council a person from the eligibility 

<--

list submitted to fill [such] the vacancy. If the city council

<--

approves [such] the nomination, the person nominated shall be

<--

conditionally appointed by council to fill [such] the vacancy,

<--

and shall be assigned for service in the department[.], subject

to any physical or psychological medical examinations that may

be required by the appropriate examining board as a condition of

permanent appointment in accordance with section 4404.1 of this

act. If the council does not approve [such] the nomination, or

<--

if the appointee is determined by the medical examination

process to be unqualified, then the director of the department

in which [such] the appointment is to be made shall submit

<--

another nomination for [such] the position from the remaining

<--

names, if any, and if [such] the nomination is not approved by

<--

the council, [he] or if the appointee is determined by the

<--

medical examination process to be unqualified, he the director 

<--

shall submit the third name, if any. The person whose nomination

by the director is approved by the city council shall be

appointed to fill [such a] the position in the department or as

<--

building inspector. [In all cases the boards may recommend those

<--

in the employ of a department for promotion in case the person

recommended is competent for the higher position.] The name of

<--

the person so appointed shall be immediately stricken from the 

eligibility list of [said] the board, and the names of the

<--

rejected persons shall immediately be restored to their proper

place [in said] on the eligibility list: Provided, however, That

<--

if the name of any applicant has been submitted to the [said] 

<--

council and been rejected three times or the appointee has been

determined by the medical examination process to be unqualified,

then [such] the name shall be stricken from the [eligible] 

<--

eligibility list. Examinations for promotions for civil service

<--

positions in the city shall be pursuant to section 4406.1 of

this act. As used in this section, the term "medical

examination" shall have the meaning given it in section 4404.1

of this act.

Section 4.  The act is amended by adding a section to read:

<--

Section 4406.1.  Promotions.--The civil service boards may

recommend those in the employ of a department for promotion if

the person recommended is competent for the higher position. If

an examination is required, the city council shall notify the

applicable civil service board of a civil service vacancy in the

city which is to be filled by promotion and shall request the

certification of an eligibility list as provided in this

article. The board shall certify for each vacancy the names of

three persons on the eligibility list who have received the

highest average in the last preceding promotional examination

held within the period of two years preceding the date of the

request for the eligibility list. If three names are not

available, the board shall certify the names remaining on the

list. The city council shall make an appointment from the names

certified, based solely on the merits and fitness of the

candidates, unless the city council makes objections to the

board regarding one or more of the persons on the eligibility

list. The city council shall have power to determine in each

instance whether an increase in salary shall constitute a

promotion.

Section 3 5.  Nothing contained in the addition of section

<--

4404.1 of the act or the amendment of section 4406 of the act 

this act shall affect the validity of any civil services service 

<--

appointments or promotions made prior to the effective date of

<--

this section.

Section 4 6.  This act shall take effect immediately.

<--