THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY ROBBINS, ERICKSON, EICHELBERGER, STOUT AND WOZNIAK, JUNE 5, 2009

SENATOR EICHELBERGER, LOCAL GOVERNMENT, AS AMENDED, JUNE 30, 2009   

AN ACT

Amending the act of June 1, 1945 (P.L.1232, No.427), entitled

"An act providing for and regulating the appointment,

promotion and reduction in rank, suspension and removal of

paid operators of fire apparatus in boroughs, incorporated

towns and townships of the first class; creating a civil

service commission in each borough, incorporated town and

township of the first class; defining the duties of such

civil service commission; imposing certain duties and

expenses on boroughs, incorporated towns and townships of the

first class; imposing penalties; and repealing inconsistent

laws," further providing for general provisions relating to

examinations, for rejection of applicant and hearing, for

manner of filling appointments, for probationary period and

for physical examinations.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 11 of the act of June 1, 1945 (P.L.1232,

No.427), entitled "An act providing for and regulating the

appointment, promotion and reduction in rank, suspension and

removal of paid operators of fire apparatus in boroughs,

incorporated towns and townships of the first class; creating a

civil service commission in each borough, incorporated town and

township of the first class; defining the duties of such civil

service commission; imposing certain duties and expenses on

boroughs, incorporated towns and townships of the first class;

imposing penalties; and repealing inconsistent laws," amended

October 17, 1980 (P.L.1078, No.180), is amended to read:

Section 11.  General Provisions Relating to Examinations.--

(a)  Each commission shall make rules and regulations to be

approved, as provided in section six hereof, providing for the

examinations of applicants for positions as fire apparatus

operators and for promotion thereof, which rules and regulations

shall prescribe the minimum qualifications of all applicants to

be examined and passing grades. All examinations for promotions,

or positions as fire apparatus operators of any municipality,

shall be practical in character and shall relate to such

matters, and include such inquiries as will test the merit and

fitness of the persons examined to discharge the duties of the

employment sought by them.

All examinations shall be open to all applicants who have the

minimum qualifications required by the rules and regulations.

Each applicant for examination shall:

(1)  be subject to the regulations adopted by the commission

[and shall be required to submit to a physical examination

either before or after being admitted to the regular examination

held by the commission.];

(2)  either before or after the written examination, be

required to submit to a physical fitness or agility examination

that is job-related and consistent with business necessity; and

(3)  if made a conditional offer of employment, be given a

physical and psychological medical examination in accordance

with section nineteen of this act.

(b)  Public notice of the time and place of every

examination, together with the information as to the kind of

position or place to be filled, shall be given by publication,

once in a newspaper of general circulation in the municipality,

or in a newspaper circulating generally in the municipality at

least two weeks prior to each examination, and a copy of the

notice shall be prominently posted in the office of the

commission or other public place.

(c)  The commission shall post in its office the eligible

list containing the names and grades of those who have passed

the examination for position.

[Under this act, soldiers as defined by the act, approved the

fifth day of August, one thousand nine hundred forty-one

(Pamphlet Laws, eight hundred seventy-two), who have

successfully passed the examination shall be given the

additional credits provided for by said act.]

Section 2.  Sections 13, 14 and 16 of the act are amended to

read:

Section 13.  Rejection of Applicant; Hearing.--(a)  The

commission may refuse to examine any applicant, or if examined,

may refuse to certify, after examination, any person who is

found to lack any of the minimum qualifications for examination

prescribed in the rules and regulations adopted for the position

or employment for which he has applied, or who is physically

[disabled and] unfit for the performance of the duties of the

position to which he seeks employment, or who is [addicted to

the habitual use of intoxicating liquors or drugs,] illegally

using a controlled substance, as defined in section 102 of the

Controlled Substances Act (Public Law 91-513, 21 U.S.C. § 802), 

or who has been guilty of any crime involving moral turpitude,

or of infamous or notoriously disgraceful conduct, or who has

been dismissed from public service for delinquency or misconduct

in office, or who is affiliated with any group whose policies or

activities are subversive to the form of government set forth in

the Constitutions and laws of the United States and

Pennsylvania.

(b)  If any applicant or person feels himself aggrieved by

the action of the commission in refusing to examine him, or to

certify him as eligible after examination, the commission shall,

at the request of such person within ten days, appoint a time

and place where he may appear personally and by council,

whereupon the commission shall then review its refusal to make

such examination of certification and take such testimony as may

be offered. The decision of the commission shall be final.

Section 14.  Eligibility List and Manner of Filling

Appointments.--(a)  At the completion of the testing process,

including any background, physical agility or other

examinations, with the exception of physical and psychological

medical examinations pursuant to section nineteen of this act,

the commission shall rank the candidates who have satisfied the

minimum requirements for appointment on an eligibility list. The

eligibility list shall contain the names of individuals eligible

for appointment listed from highest to lowest based on their

scores on the examinations administered by the commission and

any points for which the applicant was entitled by virtue of 51

Pa.C.S. Ch. 71 (relating to veterans' preference). The

eligibility list shall be valid for one year from the date the

commission ranks all passing applicants, assigns veterans'

preference points and formally adopts the eligibility list. The

commission may, at its sole discretion before the original

expiration date, by a vote of the majority of the commission at

a duly authorized commission meeting, extend the list for up to

an additional twelve months. In the absence of a lawful

extension by the commission, the list shall expire. The

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commission may, at its sole discretion, void an eligibility list

at any time for any reason so long as the voiding of the list is

not designed to circumvent this act.

(b)  Every position or employment, unless filled by

promotion, reinstatement or reduction, shall be filled only in

the following manner:

The appointing officer or body of the municipality shall

notify the commission of any vacancy as a fire apparatus

operator which is to be filled and shall request the

certification of a list of eligibles. The commission shall

certify for each existing vacancy from the eligible list, the

names of three persons therefrom who have received the highest

average in the last preceding examination[, held within a period

of one year next preceding the date of the request for such

eligibles]. The appointing officer or body shall thereupon, with

sole reference to the merits and fitness of the candidates, make

[an] a conditional appointment from the three names certified

unless he or they make objections to the commission as to one or

more of the persons so certified for any reason stated in

section thirteen of this act. Should such objections be

sustained by the commission, as provided in said section, or if

the conditional appointee is determined to be unqualified in

accordance with the procedures set forth in section nineteen of

this act, the commissioner shall thereupon strike the name of

such person from the eligible list and certify the next highest

name for each name stricken off. As each subsequent vacancy

occurs in the same or another position precisely the same

procedure shall be followed.

Section 16.  Probationary Period.--All original appointments

to positions as fire apparatus operators shall be for a

probationary period of six months, but during the probationary

period an appointee may be dismissed only for a cause specified

in section thirteen of this act or because of incapacity for

duty due to the use of alcohol or drugs. If at the close of the

probationary period the conduct or fitness of the probationer

has not been satisfactory to the appointing body or officer, the

probationer shall be notified in writing that he will not

receive a permanent appointment. Thereupon his appointment shall

cease, otherwise, his retention shall be equivalent to a

permanent appointment.

Section 3.  Section 19 the of the act, amended October 17,

1980 (P.L.1078, No.180), is amended to read:

Section 19.  Physical and Psychological Medical 

Examinations.--[All applicants for examination shall undergo a

physical examination as provided in section 11 which shall be

conducted under the supervision of a doctor of medicine

appointed by the civil service commission. No person shall be

eligible for appointment until said doctor certifies that the

applicant is free from any bodily or mental defects, deformity,

or disease that might incapacitate him from the discharge of the

duties of the position desired.](a)  An applicant selected from

the eligibility list shall receive a conditional offer of

employment. The offer of employment shall be conditioned upon

the conditional appointee undergoing a physical and

psychological medical examination and a determination that the

conditional appointee is capable of performing all the essential

functions of the position. Physical medical examinations shall

be under the direction of a physician or other qualified medical

professional. Psychological medical examinations shall be under

the direction of a psychiatrist or psychologist.

(b)  The physician or other qualified medical professional

and the 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 ability to perform all of the

essential functions of the position for which he or she was

conditionally appointed.

(c)  If the opinion rendered by the medical examiner calls

into question the conditional appointee's ability to perform all

essential functions of a position, a person or persons

designated by the appointing officer or body shall meet with the

conditional appointee for the purpose of having one or more

interactive discussions focused on the issue of 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, the appointing officer or body determines that the

conditional appointee is not qualified, the appointing officer

or body shall give written notice to the conditional appointee

and the commission.

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

physical or psychological medical examinations prior to

conditional appointment.

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

shall mean an 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 a

reasonable accommodation, all of the essential functions of the

position.

Section 4.  Nothing contained in the amendment of section 11,

13, 14, 16 or 19 of the act shall affect the validity of any

civil service appointments made prior to the effective date of

this section.

Section 5.  This act shall take effect immediately.