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| PRIOR PRINTER'S NOS. 1097, 1233 | PRINTER'S NO. 1629 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY ROBBINS, ERICKSON, EICHELBERGER, STOUT AND WOZNIAK, JUNE 5, 2009 |
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| SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, JANUARY 26, 2010 |
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| AN ACT |
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1 | Amending the act of May 31, 1933 (P.L.1108, No.272), entitled, |
2 | as amended, "An act providing for the appointment, promotion, |
3 | reduction, removal and reinstatement of paid officers, |
4 | firemen and employes of fire departments and of fire alarm |
5 | operators and fire box inspectors in the bureaus of |
6 | electricity in cities of the third class; defining the powers |
7 | and duties of civil service commissions for such purposes; |
8 | and fixing penalties," further providing for civil service |
9 | examinations and eligibility lists. |
10 | The General Assembly of the Commonwealth of Pennsylvania |
11 | hereby enacts as follows: |
12 | Section 1. Section 4 of the act of May 31, 1933 (P.L.1108, |
13 | No.272), entitled, as amended "An act providing for the |
14 | appointment, promotion, reduction, removal and reinstatement of |
15 | paid officers, firemen and employes of fire departments and of |
16 | fire alarm operators and fire box inspectors in the bureaus of |
17 | electricity in cities of the third class; defining the powers |
18 | and duties of civil service commissions for such purposes; and |
19 | fixing penalties," amended July 17, 2003 (P.L.29, No.13), is |
20 | amended to read: |
21 | Section 4. (a) All examinations for positions or promotions |
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1 | shall be practical in their character, and shall relate to such |
2 | matters, and include such inquiries, as will fairly and fully |
3 | test the comparative merit and fitness of the persons examined |
4 | to discharge the duties of the employment sought by them. All |
5 | examinations shall be open to all applicants who have fulfilled |
6 | the preliminary requirements required by this act without regard |
7 | to any applicant's place of residence at or prior to the date of |
8 | application. All applicants for any position in the fire |
9 | department and as fire alarm operators and fire box inspectors |
10 | in the bureau of electricity shall[,]: |
11 | (1) be subject to regulations adopted by the civil service |
12 | commission[, be required to submit to a physical examination |
13 | before being admitted to the regular examinations held by the |
14 | commission.]; |
15 | (2) either before or after the written examination, be |
16 | required to submit to a physical fitness or agility examination |
17 | that is job-related and consistent with business necessity; and |
18 | (3) if made a conditional offer of employment, be given a |
19 | physical and psychological medical examination in accordance |
20 | with section nine of this act. |
21 | (b) Adequate public notice of the time and place of every |
22 | examination held under the provisions of this act, together with |
23 | information as to the kind of position or place to be filled, |
24 | shall be given at least one week prior to such examinations. The |
25 | commission shall adopt reasonable regulations for permitting the |
26 | presence of representatives of the press at the examinations. |
27 | The commission shall post, in a public place at its office, the |
28 | eligible lists, containing the names and grades of those who |
29 | have passed examinations, and shall indicate thereon such |
30 | appointments as may be made from said lists. |
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1 | Section 2. Sections 5 and 6 of the act are amended to read: |
2 | Section 5. (a) The civil service commission in each city |
3 | shall require persons applying for admission to any examination |
4 | provided for under this act, or under the rules and regulations |
5 | of the said commission, to file in its office, within a |
6 | reasonable time prior to the proposed examination, a formal |
7 | application, in which the applicant shall state under oath or |
8 | affirmation--- |
9 | First. His full name, residence, and post office address. |
10 | Second. His citizenship, age, and the place and date of his |
11 | birth. |
12 | Third. His health, and his physical capacity for public |
13 | service. |
14 | Fourth. His business and employments and residences for at |
15 | least three years previous. |
16 | Fifth. Such other information as may reasonably be required, |
17 | touching the applicant's qualifications and fitness for the |
18 | public service. |
19 | Blank forms for such applications shall be furnished by the |
20 | commission, without charge, to all persons requesting the same. |
21 | The commission may require, in connection with such application, |
22 | such certificates of citizens, physicians or others, having |
23 | knowledge of the applicant, as the good of the service may |
24 | require. The commission may refuse to examine an applicant, or, |
25 | after examination, to certify as eligible, one who is found to |
26 | lack any of the established preliminary requirements for the |
27 | examination or position or employments for which he applies; or |
28 | who is physically [so disabled as to be rendered] unfit for the |
29 | performances of the duties of the position to which he seeks |
30 | appointment; or who is [addicted to the habitual use of |
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1 | intoxicating liquors or drugs;] illegally using a controlled |
2 | substance, as defined in section 102 of the Controlled |
3 | Substances Act (Public Law 91-513, 21 U.S.C. § 802); or who has |
4 | been convicted of any crime, or whose conduct is infamous or |
5 | notoriously disgraceful; or who has been dismissed from the |
6 | public service for delinquency or misconduct; or who has made a |
7 | false statement of any material fact, or practiced or attempted |
8 | to practice any deception or fraud in his application, in his |
9 | examination, or in establishing his eligibility; or who refuses |
10 | to comply with the rules and regulations of the commission. |
11 | (b) No application will be received if the person applying |
12 | is less than eighteen years of age or more than thirty-five |
13 | years of age at the date of application: Provided, however, That |
14 | in the event any applicant has formerly served in the fire |
15 | department or as a fire alarm operator or fire box inspector in |
16 | the bureau of electricity of the city to which application is |
17 | made for a period of more than six months, and no charges of |
18 | misconduct or other misfeasance were made against the applicant |
19 | within a period of two years next preceding the date of |
20 | application, and the applicant is a resident of the city, then |
21 | the person shall be eligible for reinstatement, in the |
22 | discretion of the civil service commission, even though the |
23 | applicant is over thirty-five years of age. The applicant, |
24 | providing the applicant's former term of service so justifies, |
25 | may be reappointed to the fire department or as a fire alarm |
26 | operator or fire box inspector in the bureau of electricity |
27 | without examination, other than a physical examination in |
28 | accordance with section nine of this act. If the person is |
29 | reinstated, the person shall be the lowest in rank in the |
30 | department next above the probationers of the department. |
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1 | (c) If any applicant feels himself aggrieved by the action |
2 | of the commission in refusing to examine him, or, after an |
3 | examination, to certify him as an eligible, as provided in this |
4 | section, the commission shall, at the request of such applicant, |
5 | appoint a time and place for a public hearing, at which time |
6 | such applicant may appear, by himself or counsel, or both, and |
7 | the commission shall then review its refusal to make such |
8 | examination or certification, and testimony shall be taken. The |
9 | commission shall subpoena, at the expense of the applicant, any |
10 | competent witnesses requested by him. After such review, the |
11 | commission shall file the testimony taken in its records, and |
12 | shall again make a decision, which decision shall be final. |
13 | Section 6. (a) At the completion of the testing process, |
14 | including any background, physical agility or other |
15 | examinations, with the exception of physical and psychological |
16 | medical examinations pursuant to section nine of this act, the |
17 | civil service commission shall rank the candidates who have |
18 | satisfied the minimum requirements for appointment on an |
19 | eligibility list. The eligibility list shall contain the names |
20 | of individuals eligible for appointment listed from highest to |
21 | lowest based on their scores on the examinations administered by |
22 | the commission and any points for which the applicant was |
23 | entitled by virtue of 51 Pa.C.S. Ch. 71 (relating to veterans' |
24 | preference). The eligibility list will be valid for one year |
25 | from the date the commission ranks all passing applicants, |
26 | assigns veterans' preference points and formally adopts the |
27 | eligibility list. The commission may, at its sole discretion |
28 | before the original expiration date, by a vote of the majority |
29 | of the commission at a duly authorized commission meeting, |
30 | extend the list for up to an additional twelve months. In the |
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1 | absence of a lawful extension by the commission, the list shall |
2 | expire. |
3 | (b) Every position or employment, unless filled by |
4 | promotion, reinstatement, or reduction, shall be filled only in |
5 | the following manner: The appointing officer shall notify the |
6 | civil service commission of any vacancy in the service which he |
7 | desires to fill, and shall request the certification of |
8 | eligibles. The commission shall forthwith certify, from the |
9 | appropriate eligible list, the names of the three persons |
10 | thereon who received the highest averages at the last preceding |
11 | examination held under the provisions of this act. The |
12 | appointing officer shall, thereupon, with sole reference to the |
13 | relative merit and fitness of the candidates, make [an] a |
14 | conditional appointment from the three names so certified. If |
15 | the appointing officer makes objection to the commission to one |
16 | or more of the persons named for any of the reasons stated in |
17 | section five of this act, and if such objections are sustained |
18 | by the commission, or if a conditional appointee is determined |
19 | to be unqualified in accordance with the procedures set forth in |
20 | section 9 of this act, the commission shall thereupon strike the |
21 | name of such person from the eligible list, and certify the next |
22 | highest name for each person so stricken off. If any name shall |
23 | be three times rejected for the same or another position, such |
24 | name shall be stricken from the list. When there are a number of |
25 | positions of the same kind to be filled at the same time, each |
26 | appointment shall be made separately and in accordance with the |
27 | foregoing provisions. |
28 | Section 3. Section 9 of the act, amended June 16, 1972 |
29 | (P.L.427, No.125), is amended to read: |
30 | Section 9. [All applicants for any position in the fire |
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1 | department and as fire alarm operators and fire box inspectors |
2 | in the bureau of electricity shall undergo a physical |
3 | examination, which shall be conducted under the supervision of |
4 | the physician member of the civil service commission, or if |
5 | there be none, then by a physician appointed by the civil |
6 | service commission. Said examiner shall certify that an |
7 | applicant is free from any bodily or mental defects, deformity |
8 | or diseases that might incapacitate him from the performance of |
9 | the duties of the position desired before said applicant shall |
10 | be permitted to take further examinations. No application will |
11 | be received if the person applying is less than eighteen years |
12 | of age or more than thirty-five years of age at the date of his |
13 | application: Provided, however, That in event any applicant has |
14 | formerly served in the fire department or as a fire alarm |
15 | operator or fire box inspector in the bureau of electricity of |
16 | the city to which he makes application for a period of more than |
17 | six months, and no charges of misconduct or other misfeasance |
18 | were made against such applicant within a period of two years |
19 | next preceding the date of his application, and is a resident of |
20 | the city, then such person shall be eligible for reinstatement, |
21 | in the discretion of the civil service commission, even though |
22 | such applicant shall be over the age of thirty-five years. Such |
23 | applicant, providing his former term of service so justifies, |
24 | may be reappointed to the fire department or as a fire alarm |
25 | operator or fire box inspector in the bureau of electricity |
26 | without examination, other than a physical examination. If such |
27 | person is reinstated, he shall be the lowest in rank in the |
28 | department next above the probationers of the department.] (a) |
29 | An applicant selected from the eligibility list shall receive a |
30 | conditional offer of employment. The offer of employment shall |
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1 | be conditioned upon the applicant undergoing a physical and, if |
2 | required by the rules and regulations of the commission, a |
3 | psychological medical examination, and a determination by the |
4 | commission that the applicant is capable of performing all the |
5 | essential functions of the position. Physical medical |
6 | examinations shall be under the direction of a physician or |
7 | other qualified medical professional. Psychological medical |
8 | examinations shall be under the direction of a psychiatrist or |
9 | psychologist. |
10 | (b) The physician or other qualified medical professional |
11 | and the psychiatrist or psychologist shall be appointed by the |
12 | council and shall render an opinion as to whether the |
13 | conditional appointee has a physical or mental condition which |
14 | calls into question his or her ability to perform all of the |
15 | essential functions of the position for which he or she was |
16 | conditionally appointed. |
17 | (c) If the opinion rendered by the medical examiner | <-- |
18 | physician, other qualified medical professional, psychiatrist or | <-- |
19 | psychologist calls into question the conditional appointee's |
20 | ability to perform all essential functions of a position, a |
21 | person or persons designated by the appointing officer shall |
22 | meet with the conditional appointee for the purpose of having |
23 | one or more interactive discussions focused on the issue of |
24 | whether the conditional appointee can, with or without |
25 | reasonable accommodation, perform all the essential functions of |
26 | the position. |
27 | (d) If, at the conclusion of the interactive discussion |
28 | process, the appointing officer determines that the conditional |
29 | appointee is not qualified, the appointing officer shall give |
30 | written notice to the conditional appointee and the board. |
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1 | (e) Nothing in this act shall be construed as authorizing |
2 | physical or psychological medical examinations prior to |
3 | conditional appointment. |
4 | (f) As used in this section, the term "medical the following | <-- |
5 | definitions shall apply: |
6 | "Medical examination" shall mean any examination, procedure, |
7 | inquiry or test designed to obtain information about medical |
8 | history or a physical or mental condition which might disqualify |
9 | an applicant if it would prevent the applicant from performing, |
10 | with or without a reasonable accommodation, all of the essential |
11 | functions of the position. |
12 | "Physician" shall have the meaning given to it in 1 Pa.C.S. § | <-- |
13 | 1991 (relating to definitions). |
14 | "Qualified medical professional" shall mean an individual, in |
15 | collaboration with or under the supervision or direction of a |
16 | physician, as may be required by law, who is licensed: |
17 | (1) as a physician assistant pursuant to the act of December |
18 | 20, 1985 (P.L.457, No.112), known as the "Medical Practice Act |
19 | of 1985," or the act of October 5, 1978 (P.L.1109, No.261), |
20 | known as the "Osteopathic Medical Practice Act"; or |
21 | (2) as a certified registered nurse practitioner pursuant to |
22 | the act of May 22, 1951 (P.L.317, No.69), known as "The |
23 | Professional Nursing Law." |
24 | Section 4. Nothing contained in this act shall affect the |
25 | validity of any civil service appointments made prior to the |
26 | effective date of this section. |
27 | Section 5. This act shall take effect immediately. |
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