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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY ERICKSON, ROBBINS, EICHELBERGER, WOZNIAK AND BLAKE, APRIL 25, 2011 |
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| REFERRED TO LOCAL GOVERNMENT, APRIL 25, 2011 |
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| AN ACT |
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1 | Amending the act of February 1, 1966 (1965 P.L.1656, No.581), |
2 | entitled "An act concerning boroughs, and revising, amending |
3 | and consolidating the law relating to boroughs," in civil |
4 | service for police and firemen, further providing for |
5 | examinations and for eligibility list and manner of filling |
6 | appointments. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Sections 1181 and 1184(a) of the act of February |
10 | 1, 1966 (1965 P.L.1656, No.581), known as The Borough Code, |
11 | amended October 27, 2010 (P.L.884, No.91), are amended to read: |
12 | Section 1181. General Provisions Relating to Examinations.-- |
13 | (a) The commission shall make rules and regulations, to be |
14 | approved as provided in section 1176 hereof, providing for the |
15 | examination of applicants for positions in the police force and |
16 | as paid operators of fire apparatus and for promotions, which |
17 | rules and regulations shall prescribe the minimum qualifications |
18 | of all applicants to be examined and the passing grades. All |
19 | examinations for positions or promotions shall be practical in |
20 | character and shall relate to such matters and include such |
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1 | inquiries as will fairly test the merit and fitness of the |
2 | persons examined to discharge the duties of the employment |
3 | sought by them. All examinations shall be open to all applicants |
4 | who have the minimum qualifications required by the rules and |
5 | regulations. Each applicant for an original position shall: |
6 | (1) be subject to the regulations adopted by the commission; |
7 | (2) either before or after the written examination, be |
8 | required to submit to a physical fitness or agility examination |
9 | that is job related and consistent with business necessity; |
10 | [and] |
11 | (3) if made a conditional offer of employment, be given a |
12 | physical and psychological medical examination as provided in |
13 | section 1189 of this act[.]; and |
14 | (4) be subject to a background investigation. Background |
15 | investigations may be restricted to those candidates on an |
16 | eligibility list or those to be certified to borough council for |
17 | appointment in accordance with section 1184 of this act. |
18 | (a.1) Each applicant for promotion shall be subject to the |
19 | regulations adopted by the commission and to examination and |
20 | selection in accordance with section 1188 of this act. Physical |
21 | fitness or agility examinations that are job-related and |
22 | consistent with business necessity and physical and |
23 | psychological medical examinations may, but need not, be |
24 | required for promotions. |
25 | (b) Public notice of the time and place of every |
26 | examination, together with the information as to the kind of |
27 | position or place to be filled, shall be given by publication |
28 | once in a newspaper of general circulation in the borough, at |
29 | least two weeks prior to each examination, and a copy of the |
30 | notice shall be prominently posted in the office of the |
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1 | commission or other public place. |
2 | (c) The commission shall post in its office the eligible |
3 | list, containing the names and grades of those who have passed |
4 | the examination. |
5 | Section 1184. Eligibility List and Manner of Filling |
6 | Appointments.--(a) At the completion of the testing process, |
7 | including any [background,] physical agility or other |
8 | examination, with the exception of any background investigation |
9 | to be conducted after the establishment of an eligibility list |
10 | and physical and psychological medical examination pursuant to |
11 | section 1189 of this act, the commission shall rank the |
12 | candidates who have satisfied the minimum requirements for |
13 | appointment on an eligibility list. The eligibility list shall |
14 | contain the names of individuals eligible for appointment listed |
15 | from highest to lowest based on their scores on the examinations |
16 | administered by the commission and any points for which the |
17 | applicant was entitled by virtue of 51 Pa.C.S. Ch. 71 (relating |
18 | to veterans' preference). The eligibility list will be valid for |
19 | one year from the date the commission formally adopts the |
20 | eligibility list. Prior to expiration of the one-year period, |
21 | the commission may extend the validity of the eligibility list |
22 | for up to an additional twelve months by a majority vote of the |
23 | commission at a duly authorized commission meeting. In the |
24 | absence of a lawful extension by the commission, the list shall |
25 | expire. |
26 | * * * |
27 | Section 2. The amendment of section 1181 of the act shall |
28 | apply to all promotion examinations conducted on or after |
29 | October 27, 2010. |
30 | Section 3. This act shall take effect immediately. |
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