PRINTER'S NO.  1092

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

978

Session of

2011

  

  

INTRODUCED BY ERICKSON, ROBBINS, EICHELBERGER, WOZNIAK AND BLAKE, APRIL 25, 2011

  

  

REFERRED TO LOCAL GOVERNMENT, APRIL 25, 2011  

  

  

  

AN ACT

  

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Amending the act of February 1, 1966 (1965 P.L.1656, No.581),

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entitled "An act concerning boroughs, and revising, amending

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and consolidating the law relating to boroughs," in civil

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service for police and firemen, further providing for

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examinations and for eligibility list and manner of filling

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appointments.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Sections 1181 and 1184(a) of the act of February

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1, 1966 (1965 P.L.1656, No.581), known as The Borough Code,

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amended October 27, 2010 (P.L.884, No.91), are amended to read:

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Section 1181.  General Provisions Relating to Examinations.--

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(a)  The commission shall make rules and regulations, to be

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approved as provided in section 1176 hereof, providing for the

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examination of applicants for positions in the police force and

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as paid operators of fire apparatus and for promotions, which

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rules and regulations shall prescribe the minimum qualifications

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of all applicants to be examined and the passing grades. All

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examinations for positions or promotions shall be practical in

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character and shall relate to such matters and include such

 


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inquiries as will fairly test the merit and fitness of the

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persons examined to discharge the duties of the employment

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sought by them. All examinations shall be open to all applicants

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who have the minimum qualifications required by the rules and

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regulations. Each applicant for an original position shall:

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

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

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required to submit to a physical fitness or agility examination

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that is job related and consistent with business necessity;

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[and]

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

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physical and psychological medical examination as provided in

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section 1189 of this act[.]; and

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(4)  be subject to a background investigation. Background

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investigations may be restricted to those candidates on an

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eligibility list or those to be certified to borough council for

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appointment in accordance with section 1184 of this act.

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(a.1)  Each applicant for promotion shall be subject to the

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regulations adopted by the commission and to examination and

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selection in accordance with section 1188 of this act. Physical

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fitness or agility examinations that are job-related and

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consistent with business necessity and physical and

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psychological medical examinations may, but need not, be

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required for promotions.

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

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examination, together with the information as to the kind of

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

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once in a newspaper of general circulation in the borough, at

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

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notice shall be prominently posted in the office of the

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commission or other public place.

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

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list, containing the names and grades of those who have passed

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the examination.

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Section 1184.  Eligibility List and Manner of Filling

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

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including any [background,] physical agility or other

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examination, with the exception of any background investigation

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to be conducted after the establishment of an eligibility list

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and physical and psychological medical examination pursuant to

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section 1189 of this act, the commission shall rank the

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candidates who have satisfied the minimum requirements for

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appointment on an eligibility list. The eligibility list shall

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contain the names of individuals eligible for appointment listed

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from highest to lowest based on their scores on the examinations

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administered by the commission and any points for which the

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applicant was entitled by virtue of 51 Pa.C.S. Ch. 71 (relating

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to veterans' preference). The eligibility list will be valid for

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one year from the date the commission formally adopts the

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eligibility list. Prior to expiration of the one-year period,

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the commission may extend the validity of the eligibility list

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for up to an additional twelve months by a majority vote of the

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commission at a duly authorized commission meeting. In the

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absence of a lawful extension by the commission, the list shall

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expire.

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* * *

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Section 2.  The amendment of section 1181 of the act shall

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apply to all promotion examinations conducted on or after

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October 27, 2010.

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Section 3.  This act shall take effect immediately.

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