| HOUSE AMENDED |
| PRIOR PRINTER'S NOS. 1098, 1234, 1630, 1754 | PRINTER'S NO. 2243 |
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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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| AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, SEPTEMBER 29, 2010 |
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| AN ACT |
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1 | Amending the act of June 1, 1945 (P.L.1232, No.427), entitled |
2 | "An act providing for and regulating the appointment, |
3 | promotion and reduction in rank, suspension and removal of |
4 | paid operators of fire apparatus in boroughs, incorporated |
5 | towns and townships of the first class; creating a civil |
6 | service commission in each borough, incorporated town and |
7 | township of the first class; defining the duties of such |
8 | civil service commission; imposing certain duties and |
9 | expenses on boroughs, incorporated towns and townships of the |
10 | first class; imposing penalties; and repealing inconsistent |
11 | laws," further providing for general provisions relating to |
12 | examinations, for rejection of applicant and hearing, for |
13 | manner of filling appointments, for probationary period, for | <-- |
14 | promotions and for physical examinations. |
15 | The General Assembly of the Commonwealth of Pennsylvania |
16 | hereby enacts as follows: |
17 | Section 1. Section 11 of the act of June 1, 1945 (P.L.1232, |
18 | No.427), entitled "An act providing for and regulating the |
19 | appointment, promotion and reduction in rank, suspension and |
20 | removal of paid operators of fire apparatus in boroughs, |
21 | incorporated towns and townships of the first class; creating a |
22 | civil service commission in each borough, incorporated town and |
23 | township of the first class; defining the duties of such civil |
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1 | service commission; imposing certain duties and expenses on |
2 | boroughs, incorporated towns and townships of the first class; |
3 | imposing penalties; and repealing inconsistent laws," amended |
4 | October 17, 1980 (P.L.1078, No.180), is amended to read: |
5 | Section 11. General Provisions Relating to Examinations.-- |
6 | (a) Each commission shall make rules and regulations to be |
7 | approved, as provided in section six hereof, providing for the |
8 | examinations of applicants for positions as fire apparatus |
9 | operators and for promotion thereof, which rules and regulations |
10 | shall prescribe the minimum qualifications of all applicants to |
11 | be examined and passing grades. All examinations for promotions, |
12 | or positions as fire apparatus operators of any municipality, |
13 | shall be practical in character and shall relate to such |
14 | matters, and include such inquiries as will test the merit and |
15 | fitness of the persons examined to discharge the duties of the |
16 | employment sought by them. |
17 | All examinations shall be open to all applicants who have the |
18 | minimum qualifications required by the rules and regulations. |
19 | Each applicant for examination shall: |
20 | (1) be subject to the regulations adopted by the commission |
21 | [and shall be required to submit to a physical examination |
22 | either before or after being admitted to the regular examination |
23 | held by the commission.]; |
24 | (2) either before or after the written examination, be |
25 | required to submit to a physical fitness or agility examination |
26 | that is job-related and consistent with business necessity; and |
27 | (3) if made a conditional offer of employment, be given a |
28 | physical and psychological medical examination in accordance |
29 | with section nineteen of this act. |
30 | (b) Public notice of the time and place of every |
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1 | examination, together with the information as to the kind of |
2 | position or place to be filled, shall be given by publication, |
3 | once in a newspaper of general circulation in the municipality, |
4 | or in a newspaper circulating generally in the municipality at |
5 | least two weeks prior to each examination, and a copy of the |
6 | notice shall be prominently posted in the office of the |
7 | commission or other public place. |
8 | (c) The commission shall post in its office the [eligible] | <-- |
9 | eligibility list containing the names and grades of those who |
10 | have passed the examination for a position. | <-- |
11 | [Under this act, soldiers as defined by the act, approved the |
12 | fifth day of August, one thousand nine hundred forty-one |
13 | (Pamphlet Laws, eight hundred seventy-two), who have |
14 | successfully passed the examination shall be given the |
15 | additional credits provided for by said act.] |
16 | Section 2. Sections 13, 14 and 16, 16 and 18 of the act are | <-- |
17 | amended to read: |
18 | Section 13. Rejection of Applicant; Hearing.--(a) The |
19 | commission may refuse to examine any applicant, or if examined, |
20 | may refuse to certify, after examination, any person who is |
21 | found to lack any of the minimum qualifications for examination |
22 | prescribed in the rules and regulations adopted for the position |
23 | or employment for which he has applied, or who is physically |
24 | [disabled and] unfit for the performance of the duties of the |
25 | position to which he seeks employment, or who is [addicted to |
26 | the habitual use of intoxicating liquors or drugs,] illegally |
27 | using a controlled substance, as defined in section 102 of the |
28 | Controlled Substances Act (Public Law 91-513, 21 U.S.C. § 802), |
29 | or who has been guilty of any crime involving moral turpitude, |
30 | or of infamous or notoriously disgraceful conduct, or who has |
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1 | been dismissed from public service for delinquency or misconduct |
2 | in office, or who is affiliated with any group whose policies or |
3 | activities are subversive to the form of government set forth in |
4 | the Constitutions and laws of the United States and |
5 | Pennsylvania. |
6 | (b) If any applicant or person [feels himself] is aggrieved | <-- |
7 | by [the action] refusal of the commission [in refusing] to | <-- |
8 | examine [him] or certify the applicant, or to certify him as | <-- |
9 | eligible after examination, the commission shall, at the request |
10 | of [such person] the applicant, within ten days, appoint a time | <-- |
11 | and place [where he may appear personally and by council, | <-- |
12 | whereupon] for a public hearing, with or without counsel, at | <-- |
13 | which time the commission shall [then] take testimony and review | <-- |
14 | its refusal to [make such] provide examination [of] or | <-- |
15 | certification [and take such testimony as may be offered]. The | <-- |
16 | decision of the commission shall be final. |
17 | Section 14. Eligibility List and Manner of Filling |
18 | Appointments.--(a) At the completion of the testing process, |
19 | including any background, physical agility or other |
20 | examinations, with the exception of physical and psychological |
21 | medical examinations pursuant to section nineteen of this act, |
22 | the commission shall rank the candidates who have satisfied the |
23 | minimum requirements for appointment on an eligibility list. The |
24 | eligibility list shall contain the names of individuals eligible |
25 | for appointment listed from highest to lowest based on their |
26 | scores on the examinations administered by the commission and |
27 | any points for which the applicant was entitled by virtue of 51 |
28 | Pa.C.S. Ch. 71 (relating to veterans' preference). The |
29 | eligibility list shall be valid for one year from the date the |
30 | commission ranks all passing applicants, assigns veterans' |
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1 | preference points and formally adopts the eligibility list. The | <-- |
2 | commission may, at its sole discretion before the original |
3 | expiration date, by a vote of the majority of the commission at |
4 | a duly authorized commission meeting, extend the Prior to | <-- |
5 | expiration of the one-year period, the commission may extend the |
6 | validity of the eligibility list for up to an additional twelve |
7 | months by a majority vote of the commission at a duly authorized | <-- |
8 | commission meeting. In the absence of a lawful extension by the |
9 | commission, the list shall expire at the end of the original | <-- |
10 | one-year period. |
11 | (b) Every position or employment, unless filled by |
12 | promotion, reinstatement or reduction, shall be filled only in |
13 | the following manner: |
14 | The appointing officer or body of the municipality shall |
15 | notify the commission of any vacancy as a fire apparatus |
16 | operator which is to be filled and shall request the |
17 | certification of [a list of eligibles] an eligibility list. The | <-- |
18 | commission shall certify [for each existing vacancy from the | <-- |
19 | eligible list,] the names of the three persons [therefrom] on | <-- |
20 | the eligibility list who have received the highest average in |
21 | the last preceding examination[, held within a period of one |
22 | year next preceding the date of the request for such eligibles] |
23 | for each vacancy. The appointing officer or body shall | <-- |
24 | [thereupon, with sole reference to the merits and fitness of the | <-- |
25 | candidates,] make [an] a conditional appointment from the three | <-- |
26 | names certified, based solely on the merits and fitness of the | <-- |
27 | candidates, unless [he or they make objections] the appointing | <-- |
28 | officer or body makes an objection to the commission [as to] | <-- |
29 | regarding one or more of the persons [so certified] on the | <-- |
30 | eligibility list for any reason [stated in] provided under | <-- |
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1 | section thirteen of this act. Should [such objections] an | <-- |
2 | objection be sustained by the commission, as provided in [said] | <-- |
3 | section thirteen of this act, or if the conditional appointee is | <-- |
4 | determined to be unqualified in accordance with the procedures |
5 | set forth in section nineteen of this act, the [commissioner] | <-- |
6 | commission shall [thereupon] strike the name of [such] the | <-- |
7 | person from the [eligible] eligibility list and certify the next | <-- |
8 | highest name for each name stricken [off.] from the eligibility | <-- |
9 | list. As each subsequent vacancy occurs in the same or another |
10 | position precisely the same procedure shall be followed. |
11 | Section 16. Probationary Period.--All original appointments |
12 | to positions as fire apparatus operators shall be for a |
13 | probationary period of six months, but during the probationary |
14 | period an appointee may be dismissed only for a cause specified |
15 | in section thirteen of this act or because of incapacity for |
16 | duty due to the use of alcohol or drugs. If at the close of the |
17 | probationary period the conduct or fitness of the probationer |
18 | has not been satisfactory to the appointing body or officer, the |
19 | probationer shall be notified in writing that he will not |
20 | receive a permanent appointment[. Thereupon his], and the | <-- |
21 | appointment shall cease[, otherwise,]. If the probationer is not | <-- |
22 | notified or dismissed in accordance with this section his |
23 | retention shall be equivalent to a permanent appointment. |
24 | Section 18. Promotions.--Promotions shall be based on merits | <-- |
25 | to be ascertained by examination to be prescribed by the |
26 | commission. All questions relative to promotions shall be |
27 | practical in character and such as will fairly test the merit |
28 | and fitness of persons seeking promotion. The appointing officer |
29 | or body shall notify the commission of a vacancy in the police |
30 | force which is to be filled by promotion and shall request the |
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1 | certification of a list of eligibles an eligibility list. The | <-- |
2 | commission shall certify for each existing vacancy, from the | <-- |
3 | eligible list, the names of the three persons on the eligibility | <-- |
4 | list who have received the highest average score in the last | <-- |
5 | preceding promotional promotion examination held within a period | <-- |
6 | of two years next preceding the date of the request for | <-- |
7 | eligibles the eligibility list. If three names are not | <-- |
8 | available, the commission shall certify the names remaining on |
9 | the eligibility list. The appointing officer or body shall then, | <-- |
10 | with sole reference to the merits and fitness of the candidates, |
11 | make an appointment from the names certified based solely on the | <-- |
12 | merits and fitness of the candidate unless the appointing |
13 | officer or body makes objections to the commission as to one or | <-- |
14 | more of the persons so certified regarding any of the persons on | <-- |
15 | the eligibility list for any reason provided under section |
16 | thirteen of this act. |
17 | The appointing body or officer shall have power to determine |
18 | whether an increase in salary shall constitute a promotion. |
19 | Section 3. Section 19 the of the act, amended October 17, |
20 | 1980 (P.L.1078, No.180), is amended to read: |
21 | Section 19. Physical and Psychological Medical |
22 | Examinations.--[All applicants for examination shall undergo a |
23 | physical examination as provided in section 11 which shall be |
24 | conducted under the supervision of a doctor of medicine |
25 | appointed by the civil service commission. No person shall be |
26 | eligible for appointment until said doctor certifies that the |
27 | applicant is free from any bodily or mental defects, deformity, |
28 | or disease that might incapacitate him from the discharge of the |
29 | duties of the position desired.](a) An applicant selected from |
30 | the eligibility list shall receive a conditional offer of |
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1 | employment. The offer of employment shall be conditioned upon |
2 | the conditional appointee undergoing a physical and |
3 | psychological medical examination and a determination that the |
4 | conditional appointee is capable of performing all the essential |
5 | functions of the position. Physical medical examinations shall |
6 | be under the direction of a physician or other qualified medical |
7 | professional. Psychological medical examinations shall be under |
8 | the direction of a psychiatrist or psychologist. |
9 | (b) The physician or other qualified medical professional |
10 | and the psychiatrist or psychologist shall be appointed by |
11 | council and shall render an opinion as to whether the |
12 | conditional appointee has a physical or mental condition which |
13 | calls into question his or her the person's ability to perform | <-- |
14 | all of the essential functions of the position for which he or | <-- |
15 | she the person was conditionally appointed. | <-- |
16 | (c) If the opinion rendered by the physician, other |
17 | qualified medical professional, psychiatrist or psychologist |
18 | calls into question the conditional appointee's ability to |
19 | perform all essential functions of a position, a person or | <-- |
20 | persons designated by the appointing officer or body shall meet |
21 | with the conditional appointee for the purpose of having one or |
22 | more interactive discussions focused on the issue of on whether | <-- |
23 | the conditional appointee can, with or without reasonable |
24 | accommodation, perform all the essential functions of the |
25 | position. |
26 | (d) If, at the conclusion of the interactive discussion |
27 | process under subsection (c), the appointing officer or body | <-- |
28 | determines that the conditional appointee is not qualified, the |
29 | appointing officer or body shall give written notice to the |
30 | conditional appointee and the commission. |
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1 | (e) Nothing in this act shall be construed as authorizing to | <-- |
2 | authorize physical or psychological medical examinations prior |
3 | to conditional appointment. |
4 | (f) As used in this section, the following definitions shall |
5 | apply: |
6 | "Medical examination" shall mean an 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 the amendment of section 11, |
25 | 13, 14, 16, 18 or 19 of the act shall affect the validity of any | <-- |
26 | civil service appointments or promotions made prior to the | <-- |
27 | effective date of this section. Nothing CONTAINED in the | <-- |
28 | amendment of section 18 of the act shall affect the validity of |
29 | any civil service promotions made prior to the effective date of |
30 | this section. |
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1 | Section 5. This act shall take effect immediately. |
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