THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

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

REFERRED TO LOCAL GOVERNMENT, APRIL 25, 2011  

AN ACT

Amending the act of June 24, 1931 (P.L.1206, No.331), entitled

"An act concerning townships of the first class; amending,

revising, consolidating, and changing the law relating

thereto," in civil service for police and firemen, further

providing for examinations and for eligibility list and

manner of filling appointments.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 635 and 638(a) of the act of June 24,

1931 (P.L.1206, No.331), known as The First Class Township Code,

reenacted and amended May 27, 1949 (P.L.1955, No.569) and 

amended October 19, 2010 (P.L.521, No.75), are amended to read:

Section 635.  General Provisions Relating to Examinations.--

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

approved as provided in section 630 hereof, providing for the

examination of applicants for positions in the police force and

as paid operators of fire apparatus and for promotions, which

rules and regulations shall prescribe the minimum qualifications

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

examinations for positions or promotions shall be practical in

character and shall relate to such matters and include such

inquiries as will fairly 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 for an original

position shall:

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

(2)  either before or after being admitted to the regular

examination held by the commission, 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 643 of this act[.]; and

(4)  be subject to a background investigation. Background

investigations may be restricted to those candidates on an

eligibility list or those to be certified to the township

commissioners for appointment in accordance with section 638 of

this act.

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

regulations adopted by the commission and to examination and

selection in accordance with section 642 of this act. Physical

fitness or agility examinations that are job-related and

consistent with business necessity and physical and

psychological medical examinations may, but need not, be

required for promotions.

(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 township or in

a newspaper circulating generally in the township 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.

Section 638.  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 any background

investigations to be conducted after the establishment of an

eligibility list and physical and psychological medical

examinations pursuant to section 643 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 will be valid for one year from the date the

commission formally adopts the eligibility list. Prior to

expiration of the one-year period, the commission may extend the

validity of the eligibility list for up to an additional twelve

(12) months by a majority vote of the commission at a duly

authorized commission meeting. In the absence of a lawful

extension by the commission, the list shall expire.

* * *

Section 2.  The amendment of section 635 of the act shall

apply to all promotion examinations conducted on or after

October 19, 2010.

Section 3.  This act shall take effect immediately.