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PRIOR PRINTER'S NO. 1473
PRINTER'S NO. 1781
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1037
Session of
2018
INTRODUCED BY FOLMER, VULAKOVICH, EICHELBERGER, BARTOLOTTA,
RESCHENTHALER, FONTANA, YUDICHAK, ARGALL, WILLIAMS, SCHWANK,
LANGERHOLC, WARD, AUMENT, RAFFERTY, SCARNATI, DINNIMAN,
BAKER, BOSCOLA, BLAKE, STEFANO, WHITE, KILLION, LEACH,
LAUGHLIN, ALLOWAY, MARTIN, STREET, YAW, MENSCH AND
TARTAGLIONE, FEBRUARY 9, 2018
SENATOR FOLMER, STATE GOVERNMENT, AS AMENDED, MAY 22, 2018
AN ACT
Amending Title 71 (State Government) of the Pennsylvania
Consolidated Statutes, consolidating the Civil Service Act;
providing for civil service reform in the areas of merit-
based hiring, civil service applications, certification,
examinations and promotions; and making related repeals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 71 of the Pennsylvania Consolidated
Statutes is amended by adding a part to read:
PART III
CIVIL SERVICE REFORM
Chapter
21. General Provisions
22. Merit System Employment
23. Selection of Employees for Entrance to or Promotion in
Classified Service
24. Appointment and Promotion of Employees in Classified
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Service
25. Regulation of Employees in Classified Service
26. Separation of Employees from Classified Service
27. Prohibitions, Penalties and Enforcement
28. Notice of Personnel Actions
29. Services Available, Costs and Funding
30. State Civil Service Commission and Director
31. Hearings and Records
32. Commission Funds, Costs and Service
33. Records, Status and Appropriations
CHAPTER 21
GENERAL PROVISIONS
Sec.
2101. Scope of part.
2102. Purpose.
2103. Definitions.
§ 2101. Scope of part.
This part relates to civil service reform.
§ 2102. Purpose.
The purpose of this part is to create and sustain a modern
merit system of employment within the Commonwealth work force
that promotes the hiring, retention and promotion of highly
qualified individuals, ensuring that government services are
efficiently and effectively delivered to the public.
§ 2103. Definitions.
Subject to additional definitions contained in subsequent
provisions of this part which are applicable to specific
provisions of this part, the following words and phrases when
used in this part shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
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"Appointing authority." The officers, board, commission,
individual or group of individuals having power by law to make
appointments in the classified service.
"Board." The Executive Board of the Commonwealth.
"Civil Service Act." The former act of August 5, 1941
(P.L.752, No.286), known as the Civil Service Act.
"Classified service." As follows:
(1) A position filled under the merit system of
employment, including:
(i) Each position existing on or created after
August 5, 1941, in the Department of Human Services,
including the county boards of assistance, except for a
student worker in institutions operated by the Office of
Children, Youth and Families.
(ii) The following:
(A) Each position existing on or created after
August 5, 1941, in the Department of Labor and
Industry which is charged with the administration of
the act of December 5, 1936 (2nd Sp.Sess., 1937
P.L.2897, No.1), known as the Unemployment
Compensation Law.
(B) Each position which is charged with the
administration of the act of June 2, 1915 (P.L.736,
No.338), known as the Workers' Compensation Act, and
the act of July 26, 1913 (P.L.1363, No.851), referred
to as the Occupational Disease Prevention Law,
including the positions of workers' compensation
judges. The term shall not include the positions of
members of the Workers' Compensation Appeal Board and
members and employees of the State Workers' Insurance
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Board and the State Workers' Insurance Fund.
(iii) Each position existing on or created after
August 5, 1941, in the Pennsylvania Liquor Control Board.
(iv) Each position existing on or created after
August 5, 1941, in the commission.
(v) Each position existing on or created after
August 5, 1941, in the Pennsylvania Board of Probation
and Parole.
(vi) Each position existing on or created after
August 5, 1941, in the Department of Education. The term
shall not include the presidents, faculty members and
student employees of the State colleges, the heads and
faculty members of the Department of Education's other
educational institutions and county superintendents,
assistant county superintendents and supervisors of
special education.
(vii) Each position existing on or created after
August 5, 1941, in the Department of Health. The term
shall not include patient employees at institutions
operated by the Department of Health.
(viii) Each position existing on or created after
August 5, 1941, in the Department of Banking and
Securities.
(ix) Each position existing on or created after
August 5, 1941, in the Insurance Department.
(x) Each position existing on or created after
August 5, 1941, in the State Employes' Retirement Board
and under the professional licensing boards in the
Department of State.
(xi) Each position existing on or created after
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August 5, 1941, in a department or agency under the
Governor's jurisdiction which:
(A) Is required to be under a merit system in
order to qualify the agency or department for the
receipt of money from the Federal Government or an
agency or instrumentality of the Federal Government.
(B) Was designated as professional or technical
by the board on or before October 1, 1962.
(C) Was covered by civil service under the terms
of an agreement entered into between the department
or agency and the commission after October 1, 1962,
other than agreements arising out of the board
resolution of September 10, 1956, as amended and
supplemented.
(xii) The positions of engineer, geologist, chemist,
planning specialist, statistician, economist,
photogrammetrist, architect, landscape architect,
cartographer, draftsmen and surveyor in the Department of
Transportation.
(xiii) Each position in a local civil defense
organization which a political subdivision may bring
under the provisions of 35 Pa.C.S. § 7312(f) (relating to
organization), upon the exercise of the authority.
(xiv) Each position existing on or created after
December 3, 1975, in the Pennsylvania Labor Relations
Board. The term shall not include an executive director,
secretary, regional director, attorney and attorney
examiner.
(2) The term shall not include a position included in
the unclassified service.
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"Commission." The State Civil Service Commission.
"Demotion." The voluntary or involuntary movement of an
employee to a class assigned to a pay range with a lower maximum
salary.
"Director." The Executive Director of the State Civil
Service Commission.
"Eligible." An individual whose name is on an eligible list.
"Eligible list." An employment list, promotion list or
reemployment list.
"Employee." Except as provided in section 2705(g) (relating
to political activity), an individual legally occupying a
position in the classified service.
"Employment list." A list of individuals who have been found
qualified by an entrance examination for appointment to a
position in a particular class.
"Entrance examination." An examination for a position in a
particular class, admission to which is not limited to an
individual employed in the classified service.
"Furlough." The termination of employment because of lack of
work or lack of funds.
"Job," "job title," "class" or "class of positions." A group
of positions in the classified service which are sufficiently
similar in respect to the duties and responsibilities of the
positions that the same:
(1) descriptive title may be used for each position;
(2) requirements as to experience, knowledge and ability
are demanded of incumbents;
(3) assessments may be used to choose qualified
appointees; and
(4) schedule of compensation may be made to apply with
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fairness under like working conditions.
"Permanent position." A position in the classified service
which does not have an expiration date.
"Position." A group of current duties and responsibilities
assigned or delegated by competent authority requiring the full-
time or part-time employment of one individual.
"Probationary period." A preliminary period of employment,
the purpose of which is to determine the fitness of an employee
for regular status.
"Promotion." The movement of an employee to another class in
a pay range with a higher maximum salary.
"Promotion examination." An examination for a position in a
particular class, admission to which is limited to an employee
in the classified service who has held a position in another
class.
"Promotion list." A list of individuals determined to be
qualified by a promotion examination for appointment to a
position in a particular class.
"Regular employee." An employee who has been appointed to a
position in the classified service in accordance with this part
after completion of the employee's probationary period.
"Removal." The permanent separation from the classified
service of an employee who has been permanently appointed.
"Temporary position." A position in the classified service
resulting from temporary pressure of extra work which is likely
to continue for a period of 12 months or less.
"Unclassified service." Each position existing on or created
after August 5, 1941, in a department and agency included in the
definition of classified service which are held by any of the
following:
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(1) A head and deputy head of a department of the
Commonwealth, bureau director, division chief and all other
supervisory personnel whose duties include participation in
policy decisions.
(2) A member of a board or commission.
(3) One secretary or one confidential clerk and not more
than five other personal assistants or aides to each State
appointing authority or each member of the State appointing
authority, except the commission and the director.
(4) An individual appointed for the duration of a
special study, project or internship which is scheduled to be
completed after a fixed or limited period of time and which
should not be performed by an individual in the classified
service.
(5) An attorney that the appointing authority appoints.
(6) Unskilled labor.
(7) Each professional position attached to the
department head's office which functions in press, public
relations, legislative liaison or development of executive
policy.
"Unskilled labor." An individual occupying or assigned to a
position for which the principal job function is manual labor or
work requiring limited or no prior education or training.
"Veteran." An individual who served in the United States
Armed Forces, including a reserve component or National Guard,
and who was honorably discharged or released from service.
CHAPTER 22
MERIT SYSTEM EMPLOYMENT
Sec.
2201. Transfer of duties.
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2202. Duties of Office of Administration.
2203. Regulations.
2204. Federal standards.
2205. Legislative representation for collective bargaining.
§ 2201. Transfer of duties.
Beginning on the effective date of this section, the Office
of Administration shall perform the duties conducted by the
commission and the director under the Civil Service Act, except
sections 950 and 951(a), (b) and (c) of the Civil Service Act.
§ 2202. Duties of Office of Administration.
(a) Duties.--The Office of Administration shall have the
power and duty to implement and administer this part as follows:
(1) Perform the duties conducted, prior to the effective
date of this section, by the commission and the director
under section 2201 (relating to transfer of duties).
(2) Direct and supervise the administrative work of
merit system employment.
(3) Appoint staff to classified service positions
necessary to carry out the provisions of this part.
(4) Provide merit system employment for the Commonwealth
in accordance with this part.
(5) Advertise, on the Office of Administration's
publicly accessible Internet website and in each Office of
Administration announcement and advertisement, that:
(i) veterans' preference is the law of this
Commonwealth;
(ii) to determine standing on each certified
eligibility list, an additional 10 points shall be
applied to the final examination score obtained by a
veteran, in accordance with 51 Pa.C.S. § 7103 (relating
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to additional points in grading civil service
examinations); and
(iii) the same preferential rating given to veterans
under this chapter shall be extended to include spouses
of deceased or disabled veterans, in accordance with 51
Pa.C.S. § 7108 (relating to preference of spouses).
(6) Administer this part, except for Chapters 30
(relating to State Civil Service Commission and Director) and
31 (relating to hearings and records).
(7) Request assistance from State departments, agencies,
boards or commissions, if necessary.
(8) Cooperate with other civil service agencies.
(9) Investigate as requested by the Governor or the
General Assembly and to report on the investigation.
(10) Investigate, notwithstanding any other provision of
this part, personnel action taken under this part and hold
public hearings, record findings and conclusions and order
action to assure observance of this part.
(11) Administer oaths and require testimony and the
production of documents and records.
(12) APPOINT A SPECIAL ADVISOR FOR VETERANS' PROGRAMS
WHO SHALL BE A VETERAN AND WHO WILL:
(I) ENSURE COMPLIANCE UNDER THIS PART WITH THE
PROVISIONS OF 51 PA.C.S. PT. V (RELATING TO EMPLOYMENT
PREFERENCES AND PENSIONS); AND
(II) PROMOTE AND IMPLEMENT POLICIES TO INCREASE THE
AWARENESS AND UNDERSTANDING OF THE VALUE OF RECRUITING,
HIRING AND RETAINING VETERANS FOR THE COMMONWEALTH
WORKFORCE UNDER THIS PART.
(b) Oaths, testimony and documents.--The following shall
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apply:
(1) The Secretary of Administration and any other
employee or agency authorized by the secretary shall have the
power to administer oaths in matters pertaining to the work
of the Office of Administration under this part.
(2) The Office of Administration shall have the power to
secure by subpoena the attendance and testimony of witnesses
and the production of documents and records.
(c) Authority of court.--A judge of a court of record shall,
upon proper application of the Office of Administration, compel
the attendance of witnesses, the production of documents and
records and the giving of testimony before the Office of
Administration in the same manner as the production of evidence
may be compelled before the court.
§ 2203. Regulations.
(a) Authority.--The Office of Administration may promulgate
regulations necessary to carry out the provisions of this part.
(b) Temporary regulations.--
(1) In order to facilitate the prompt implementation of
this part, the Office of Administration may promulgate
temporary regulations which shall expire no later than three
years following the publication of the temporary regulations.
The Office of Administration may promulgate temporary
regulations not subject to:
(i) Sections 201, 202, 203, 204 and 205 of the act
of July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(ii) Section 204(b) of the act of October 15, 1980
(P.L.950, No.164), known as the Commonwealth Attorneys
Act.
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(iii) The act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act.
(2) The authority provided to the Office of
Administration to adopt temporary regulations under paragraph
(1) shall expire three years following the publication of the
temporary regulations. Regulations adopted after this period
shall be promulgated as provided by law.
§ 2204. Federal standards.
(a) Duty.--Notwithstanding any other provision of this part,
the Commonwealth and its political subdivisions shall take
action with respect to matters involving personnel
administration as necessary to ensure the continued eligibility
of the Commonwealth and its political subdivisions for Federal
grants-in-aid.
(b) Prohibition.--Notwithstanding any other provision of
this part, a State program which is required to have the State
program's positions under a merit system because of the receipt
of Federal grants-in-aid may not have more positions in the
unclassified service than are allowed by Federal merit system
standards.
§ 2205. Legislative representation for collective bargaining.
The President pro tempore of the Senate and the Speaker of
the House of Representatives may jointly appoint a competent
industrial relations specialist, who may not be a member of the
General Assembly, to represent the General Assembly at
collective bargaining negotiations relating to individuals in
the classified service by observing the proceedings and
submitting reports of the proceedings to the President pro
tempore of the Senate and the Speaker of the House of
Representatives.
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CHAPTER 23
SELECTION OF EMPLOYEES FOR ENTRANCE TO
OR PROMOTION IN CLASSIFIED SERVICE
Sec.
2301. Examinations requisite for appointment and promotion.
2302. Nature of examinations.
2303. Holding examinations and rating competitors.
2304. Public notice of examinations.
2305. Ratings of competitors.
2306. Establishment of eligible lists.
2307. Duration of eligible lists.
§ 2301. Examinations requisite for appointment and promotion.
(a) General rule.--Except as otherwise provided in this
chapter, the appointment of an individual entering the
classified service or promoted in the classified service shall
be from an eligible list established as the result of
examinations given by the Office of Administration to determine
the relative merit of candidates. Examinations may be written
and shall be competitive and open to each individual who may be
lawfully appointed to the position within the class for which
the examinations are held. An individual in an unskilled
position shall enter the classified service by promotion without
examination in accordance with the following:
(1) The individual shall enter the classified service
if:
(i) The promotion is into a classified position
immediately above the individual's own position.
(ii) The promotion is based on seniority and
meritorious service.
(iii) The individual meets the minimum requirements
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for that position.
(iv) The individual satisfactorily completes a six-
month probationary period in the classified position.
(2) If no individuals in the unskilled positions meet
the requirements under paragraph (1), the vacant position may
be filled under this chapter.
(b) Requirements.--The following apply:
(1) An individual applying for a position or promotion
in the classified service shall be a resident of this
Commonwealth or former resident of this Commonwealth who
meets the requirements of this subsection and, if applicable,
of the district.
(2) A former resident of this Commonwealth shall be
eligible if the individual:
(i) relocated out of State for academic or
employment purposes;
(ii) plans to establish Commonwealth residency
within six months of beginning employment in the
classified service; and
(iii) has done one of the following:
(A) Graduated from a public, private or
nonpublic secondary school in this Commonwealth or
satisfied the requirements of sections 1327 and
1327.1 of the act of March 10, 1949 (P.L.30, No.14),
known as the Public School Code of 1949, within five
years of applying for a position in the classified
service.
(B) Satisfied the requirements of sections 1327
and 1327.1 of the Public School Code of 1949 or
attended a public, private or nonpublic school in the
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Commonwealth at least 80% of the time while enrolled
in grades one through twelve and attended the school
within five years of applying for a position in the
classified service.
(C) Graduated or attended a public, private or
nonpublic secondary school in the Commonwealth or
satisfied the requirements of sections 1327 and
1327.1 of the Public School Code of 1949 and
graduated from a postsecondary institution in the
Commonwealth within five years of applying for a
position in the classified service.
(3) Notwithstanding any other provision of this chapter,
if an appointing authority finds a lack of qualified
individuals available for appointment to a particular class
or classes of position, the appointing authority may present
evidence of the lack of qualified personnel to the Office of
Administration, which may waive the residence requirements
for the class or classes of position.
(c) Eligible lists.--The Office of Administration shall
prepare the proper State and district eligible lists. If, after
an examination has been conducted for a class of position, there
is no individual with legal residence in a district remaining on
the register, the Office of Administration shall certify and the
appointing authority may make the appointment or promotion from
the names of individuals on an appropriate eligible list for the
same class of positions of other districts. Qualifications as
permitted by law may be specified in the regulations and in the
announcements of the examinations. All applications for
positions in the classified service shall be subject to the
penalties of 18 Pa.C.S. § 4904 (relating to unsworn
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falsification to authorities).
(d) Limitation of competition.--The Office of Administration
may limit competition in promotion examinations to employees in
the classified service who have completed a probationary period
in a class or classes designated in the public notice of the
examinations and may permit promotions to be accomplished by any
one of the following plans:
(1) Appointment from open competitive lists.
(2) Achieving a place on an eligible list after a
promotional examination given at the request of the
appointing authority.
(3) Promotion based upon meritorious service and
seniority to be accomplished by appointment without
examination if the individual has completed the probationary
period in the next lower position and meets the minimum
requirements for the higher position.
(e) Preference.--To the extent permitted by law, when all
applicants for appointment and promotion to a position in the
classified service are equally qualified, preference shall be
shown to applicants who are United States citizens over those
who are not United States citizens.
§ 2302. Nature of examinations.
(a) General rule.--Examinations shall be conducted to
establish employment and promotion lists. Examinations may be:
(1) Written or oral.
(2) A demonstration of skill.
(3) An evaluation of experience and education.
(4) A combination of paragraphs (1), (2) and (3) which
fairly appraise the fitness and ability of competitors.
(b) Method of examination.--The appointing authority shall
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select the method of examination that will be used for the
individual position or the class of positions for which the
employment or promotion list is being established. The
examinations shall:
(1) Be practical in nature.
(2) Relate to the duties and responsibilities of the
position for which the applicant is being examined.
(3) Fairly test the relative capacity and fitness of
individuals examined to perform the duties of the position or
class of positions to which the individuals seek to be
appointed or promoted.
(c) Qualifications.--An applicant may be required to possess
scholastic education qualifications only if the position for
which the applicant is being examined requires professional or
technical knowledge, skills and abilities or if the scholastic
qualifications are required to ensure the continued eligibility
of the Commonwealth for Federal grants-in-aid. No greater credit
for experience gained during a provisional, emergency or
temporary appointment under this chapter shall be given to an
individual in an examination than is given for experience in the
same type of work performed in a similar position not under the
provisions of this chapter.
(d) Military service.--In evaluating experience in order to
compute the final rating in an examination to establish eligible
lists, an individual discharged other than dishonorably after
active service during a war or armed conflict in which the
United States engaged, from a branch of the armed forces of the
United States or from a women's uniformed service directly
connected with the armed forces of the United States, may not be
given less credit for experience than would be given for
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continued experience in the position held at the time of
induction into the service.
(e) Discriminatory questions prohibited.--No question in an
examination shall relate to the race, gender, religion ,
DISABILITY or political or labor union affiliation of the
candidate.
§ 2303. Holding examinations and rating competitors.
The Office of Administration shall prepare and hold
examinations rating the work of competitors and prepare the
resulting eligible lists. Individuals not on the regular staff
of the Office of Administration may be called on for assistance.
§ 2304. Public notice of examinations.
The Office of Administration shall give public notice of all
examinations for positions or promotions in the classified
service at least two weeks in advance of the final date for
filing applications.
§ 2305. Ratings of competitors.
(a) Computation of rating.--The final earned rating of an
individual competing in an examination shall be attained by
computing the ratings for each part or parts of the examination,
the qualifying point for which is set by the Office of
Administration, according to weights for each test.
(b) Notification.--The Office of Administration shall
provide notice by e-mail or other communication or method, if
available, or, alternatively, by United States mail, to all
competitors informing them whether they have attained a place on
the eligible list and informing those who have attained a place
on the eligible list of the number of individuals who took the
examination, the number of individuals on the eligible list and
the individual's relative standing on the eligible list.
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§ 2306. Establishment of eligible lists.
The Office of Administration shall establish and maintain
eligible lists as are necessary or desirable to meet the needs
of the service. The eligible lists shall contain the names of
each individual who has qualified for and successfully passed
the examination. The eligible list shall be arranged in the
order of final earned ratings.
§ 2307. Duration of eligible lists.
(a) Duration.--The duration of an eligible list shall be
fixed by the Office of Administration. An existing eligible list
shall terminate upon the establishment of an appropriate, new,
eligible list unless otherwise prescribed by the Office of
Administration.
(b) Utilization of current eligible lists.--Appointing
authorities shall utilize eligible lists from the date of the
establishment of the eligible list until exhausted, canceled by
the Office of Administration or replaced by more recently
prepared eligible lists.
(c) Correction and revision.--The Office of Administration
may correct clerical errors occurring in connection with the
preparation of an eligible list and revise the eligible list
accordingly. No individual who has been appointed as the result
of certification from the eligible list shall be displaced by
the action.
(d) Cancellation.--The Office of Administration shall have
the power, after giving notice as required in this part and
after a public hearing, to cancel the whole or a part of an
eligible list on account of illegality or fraud in connection
with the eligible list.
CHAPTER 24
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APPOINTMENT AND PROMOTION OF EMPLOYEES
IN CLASSIFIED SERVICE
Sec.
2401. Certification.
2402. Selection and appointment of eligibles.
2403. Substitution during military leave.
2404. Probationary period.
2405. Provisional appointments.
2406. Temporary appointments to extra positions.
2407. Emergency appointments.
§ 2401. Certification.
(a) Statement of vacancy.--If a vacancy is likely to occur
or is to be filled in the classified service, the appointing
authority shall submit to the Office of Administration a
statement indicating the position to be filled.
(b) Certification of available individuals.--
(1) The Office of Administration shall certify to the
appointing authority the names of the three highest-ranking
available individuals on the certification of eligibles,
except if any of the following apply:
(i) The appointing authority elects to follow an
alternative selection procedure under section 2402(a)
(relating to selection and appointment of eligibles).
(ii) A labor agreement covering promotions in the
classified service exists.
(iii) The Office of Administration has specified,
prior to testing the eligibles on the eligible list, that
either all available individuals, regardless of ranking,
or a specified alternative number other than three of the
highest-ranking available individuals shall be used in
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making selections for the classification.
(2) If a labor agreement covering promotions in the
classified service exists, the terms and procedures of the
labor agreement relative to the procedures for promotions
shall control.
(c) Lack of eligibles.--If the appropriate employment or
promotion certification of eligibles contains fewer than three
eligibles who are willing to accept appointment or if there is
no appropriate eligible list, the appointing authority may
appoint an available eligible from the approved eligible list or
request the Office of Administration to certify from another
eligible list deemed the next most appropriate.
(d) Selective certifications.--If operational conditions of
the appointing authority dictate and it is in the interest of
the service to the Commonwealth, the Office of Administration
may authorize selective certifications based on merit-related
criteria.
(e) Waiver of consideration.--An individual on a promotion
or employment list who waives consideration for promotion or
appointment may not be considered among the names from which a
promotion or appointment is to be made.
§ 2402. Selection and appointment of eligibles.
(a) Alternative selection procedure.--Unless a labor
agreement contains promotion procedures which are inconsistent
with this chapter, in which case the terms of the labor
agreement shall be controlling, if a vacant position is to be
filled, an appointing authority may:
(1) request that the Office of Administration issue an
appropriate certification of previously tested and active
eligibles; or
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(2) request that the Office of Administration create and
issue a certification of eligibles consisting only of the
names of those candidates who responded by applying for the
vacancy after receipt of notice of the vacancy from the
Office of Administration. The failure of a candidate to apply
for the vacancy shall be considered a waiver under section
2401 (relating to certification).
(b) Selection of certified eligibles.--The following apply:
(1) The certification of eligibles created and issued
under this section shall be valid for 90 business days.
(2) If the vacant position is to be filled from an
eligible list, the appointing authority shall select an
individual who is among the three highest-ranking available
individuals on the certification of eligibles, unless the
Office of Administration has specified prior to testing the
eligibles on the eligible list that either all available
individuals regardless of ranking or a specified alternative
number other than three of the highest-ranking available
individuals shall be used in making selections for the
classification.
(3) In making the second or subsequent selection from
the eligibles on an employment or promotional certification,
each selection shall be from among the similarly ranked
available individuals remaining on the certification of
eligibles.
(4) After an individual has been rejected three times by
an appointing authority in favor of others on the same
eligible list, the individual may not be certified to that
appointing authority, except upon written request from the
appointing authority.
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(5) Appointing authorities shall promptly report to the
Office of Administration the appointment of eligibles who
have been certified.
(6) If a certified eligible refuses to accept an offer
of employment, the refusal shall be promptly investigated by
the Office of Administration and, if found that the refusal
has been made for improper or insufficient reasons, the
Office of Administration shall, after giving 10 days' notice
to the individual, remove the eligible from the eligible
list.
§ 2403. Substitution during military leave.
(a) Substitution for military leave.--When an employee in
the classified service is granted military leave, the position
vacated shall be filled only by substitute appointment or
promotion and the employee appointed or promoted shall vacate
the position upon return of the employee from military leave. A
substitute employee, when required to vacate a position upon the
return of the regular employee, shall have the right to return
to the substitute employee's previous civil service position and
status.
(b) Substitute lists.--The substitute appointment or
promotion shall be made from lists certified by the Office of
Administration under this chapter.
§ 2404. Probationary period.
(a) Completion and duration.--
(1) No appointment to a position in the classified
service shall be deemed complete until after the expiration
of a probationary period.
(2) The probationary period for each class of position
shall be prescribed by the Office of Administration and,
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except for trainee classes, shall in no case be less than 6
months nor more than 18 months. The probationary period for a
trainee class shall be combined with that of the class for
which the trainee is being trained. The combined probationary
period shall be the same as the training period and shall not
exceed 24 months.
(3) The appointing authority may remove an employee
during the probationary period if, in the opinion of the
appointing authority, the probation indicates that the
employee is unable or unwilling to perform the duties
satisfactorily or that the employee's dependability does not
merit continuance in the service. Upon removal, the
appointing authority shall notify the employee in a manner
prescribed by the Office of Administration.
(b) Notification of permanent status.--If the employee's
work has been satisfactory, the appointing authority shall
notify the employee in writing prior to the completion of the
probationary period that the employee shall attain regular
status in the classified service upon completion of the
probationary period.
(c) Further appointment.--If an employee is removed from a
position during or at the end of the probationary period and the
Office of Administration determines that the employee is
suitable for appointment to another position, the employee's
name may be restored to the eligible list from which the name
was certified.
§ 2405. Provisional appointments.
(a) Accelerated examination program.--The Office of
Administration may authorize an accelerated examination program
for the position to be filled if:
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(1) there is a great and urgent public need to fill a
vacancy in a position in the classified service;
(2) the Office of Administration is unable to certify an
eligible for the vacancy from an eligible list or arrange for
a reassignment, transfer, promotion or other means of filling
the vacancy with a qualified employee; and
(3) there is no regular examination immediately
available.
(b) Elements of program.--The accelerated examination
program shall include:
(1) Abbreviated, localized advertising for the position
to ensure open competition.
(2) Rapid processing and evaluation of the
qualifications of applicants, ranking the applicants as well
qualified, qualified and not qualified.
(3) Certification of applicants determined to be well-
qualified and qualified for the position.
(c) Appointment.--The appointing authority shall appoint
applicants determined to be well qualified. If insufficient
well-qualified applicants are available, the appointment shall
be made from the qualified group.
(d) Test period.--The appointee shall serve a six-month
working test period upon successful completion of which the
appointee shall be granted probationary status. Failure to
successfully complete the working test period shall result in
termination.
(e) Successive appointments prohibited.--Successive
provisional appointments of the same individual may not be made
to the same position or classification.
(f) Rights of provisional status.--The acceptance of a
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provisional appointment shall not confer upon the appointee
rights of promotion, reinstatement or reassignment to another
classification while in provisional status.
§ 2406. Temporary appointments to extra positions.
If, from pressure of work, an extra position in the
classified service must be established for a period of 12 months
or less, the appointing authority shall request the Office of
Administration to certify the name of a qualified individual
from an appropriate eligible list or by other means authorized
by this part. In the request, the appointing authority shall
state the cause of the extra work, the probable length of
employment and the duties that the appointee is to perform.
§ 2407. Emergency appointments.
(a) Appointment during emergency period.--An appointing
authority or a subordinate authorized by the appointing
authority may, to prevent serious impairment of the public
business when an emergency arises and time may not permit
securing authorization from the Office of Administration for the
appointment of a certified eligible, appoint a qualified
individual during the emergency for a period not exceeding 30
days and, with the approval of the Office of Administration,
extend the appointment for a further period not to exceed 30
days.
(b) Parameters.--The following shall not be considered an
emergency:
(1) a vacancy of which the appointing authority had
reasonable notice; or
(2) employment conditions of which the appointing
authority had previous knowledge.
(c) Nomenclature.--Individuals appointed under subsection
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(a) shall be known as emergency employees.
(d) Report to Office of Administration.--Appointing
authorities shall immediately report to the Office of
Administration all emergency appointments.
(e) Nonrenewal.--Appointments made under subsection (a) may
not be renewed.
CHAPTER 25
REGULATION OF EMPLOYEES IN CLASSIFIED SERVICE
Sec.
2501. Performance ratings.
2502. Transfers and reassignments.
2503. Demotions.
2504. Classification and compensation.
2505. Effect of reclassifications.
2506. Other personnel standards and rules.
§ 2501. Performance ratings.
(a) Evaluations.--Performance evaluations shall be
considered for purposes prescribed by the Office of
Administration.
(b) Frequency of evaluations.--Agencies shall evaluate the
performance of agency employees during the employees'
probationary periods and at least once a year thereafter.
(c) Forms and procedure.--Performance evaluation forms and
procedures shall be reviewed and approved by the Office of
Administration prior to utilization.
§ 2502. Transfers and reassignments.
(a) Transfers.--The transfer of a classified service
employee from a position under the jurisdiction of one
appointing authority to a position in the same class under the
jurisdiction of another appointing authority may be made with
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the approval of the Office of Administration and both appointing
authorities.
(b) Reassignments.--An appointing authority may reassign a
classified service employee under the appointing authority's
jurisdiction from one position to another in the same class or
in a similar class at the same pay range for which the employee
qualifies.
(c) Manner of transfers and reassignments.--Transfers and
reassignments shall be accomplished in a manner prescribed by
the Office of Administration.
(d) Promotion.--A transfer or reassignment of an employee
from a position in one class to a position in a class for which
a higher maximum salary is prescribed shall be deemed a
promotion and may be accomplished only in the manner provided
for in this part.
(e) Appointment after certification.--No individual may be
transferred or reassigned from a position in the unclassified
service to a position in the classified service unless appointed
to the classified service position after certification of the
individual's name from an eligible list in accordance with the
provisions of this part.
§ 2503. Demotions.
(a) Employees subject to demotion and rights.--The following
apply:
(1) An appointing authority may demote to a vacant
position in a lower class an employee in the classified
service who does not satisfactorily perform the duties of the
position to which the employee was appointed or promoted and
who is able to perform the duties of the lower class
position.
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(2) In case of a demotion, the employee shall have all
rights of appeal as provided in this part.
(3) No employee may be demoted because of the employee's
race, gender, religion , DISABILITY or political, partisan or
labor union affiliation or other nonmerit factor.
(b) Voluntary demotion.--A voluntary demotion may be made by
an appointing authority upon written request of the employee
with the approval of the Office of Administration.
§ 2504. Classification and compensation.
The classification of positions and the compensation of
employees in the classified service shall conform to standards
and rules adopted by the board.
§ 2505. Effect of reclassifications.
(a) Reclassification.--When an employee's job changes or the
board changes a classification and a reallocation of the
position becomes necessary, the employee shall be reclassified
to the new classification, provided the employee meets the
established requirements for the new classification.
(b) Reclassification to lower level.--Reclassification to a
lower level shall not be construed as a demotion.
§ 2506. Other personnel standards and rules.
With respect to other personnel management matters, including
hours of work, paid holidays, vacations, sick leave and employee
training, employees in the classified service shall conform to
standards and rules established by the Governor and the board
for Commonwealth employees generally.
CHAPTER 26
SEPARATION OF EMPLOYEES FROM CLASSIFIED SERVICE
Sec.
2601. Temporary and permanent separations.
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2602. Furlough.
2603. Suspension.
2604. Removal during probationary period.
2605. Rights of promoted employee during probationary period.
2606. Resignation.
2607. Removal.
2608. Leave of absence.
2609. Seniority.
§ 2601. Temporary and permanent separations.
An employee may be:
(1) Temporarily separated from the classified service
through furlough, leave of absence or suspension.
(2) Permanently separated through rejection on
probation, retirement, resignation or removal.
§ 2602. Furlough.
(a) General rule.--
(1) If a reduction in force is necessary in the
classified service:
(i) no employee may be furloughed while a
probationary or provisional employee is employed in the
same class in the same department or agency; and
(ii) no probationary employee may be furloughed
while a provisional employee is employed in the same
class in the same department or agency.
(2) The following apply:
(i) An employee shall be furloughed only if, at the
time of furlough, the employee is within the lowest
quarter among all employees of the employer in the same
class on the basis of the employee's last regular service
ratings. Within the quarter, the employee shall be
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furloughed in the order of seniority, unless a labor
agreement covering the employees to be furloughed exists
in which case the terms of the labor agreement regarding
a furlough procedure shall be controlling.
(ii) The appointing authority may limit the
application of this subparagraph in any particular
instance to employees who are in:
(A) the same class, classification series or
other grouping of employees as referred to in an
applicable labor agreement; and
(B) the same department or agency within the
same bureau or division with headquarters at a
particular municipality, county or district of the
Commonwealth.
(b) Rights of furloughed employees.--
(1) A furloughed employee shall have the right of return
to a class and civil service status which was held prior to
the furlough, provided the class is contained in the current
classification plan of the agency.
(2) A furloughed employee shall have the right of return
to a class and civil service status in the same or lower
grade held prior to the furlough, provided the employee meets
the minimum qualifications given in the classification plan
of the agency.
(c) Report of furloughed employees.--The following apply:
(1) The appointing authority shall promptly report to
the Office of Administration the names of employees
furloughed, together with the date the furlough of each
employee is effective, and the character of the employee's
service.
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(2) A regular employee furloughed shall, for a period of
one year, be given preference for reemployment in the same
class of position from which furloughed and shall be eligible
for appointment to a position of a similar class in other
agencies under this part unless the terms of an existing
labor agreement preclude the employee from receiving the
preferential treatment contained in this paragraph, in which
event the terms of the labor agreement shall control.
§ 2603. Suspension.
(a) Right to suspend.--The following apply:
(1) An appointing authority may, for disciplinary
purposes, suspend without pay an employee holding a position
in the classified service.
(2) Suspensions, including suspensions pending internal
investigation, may not exceed 60 working days in one calendar
year.
(3) Suspensions pending investigation by external
agencies may be maintained up to 30 working days after
conclusion of the external investigation.
(b) Discrimination prohibited.--No individual may be
suspended because of race, gender, religion , DISABILITY or
political, partisan or labor union affiliation or any other
nonmerit factor.
(c) Good cause.--Employees may only be suspended for good
cause.
(d) Report of suspension.--An appointing authority shall
immediately report in writing to the Office of Administration a
suspension, together with the reason or reasons for the
suspension, and shall send a copy of the report to the suspended
employee.
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§ 2604. Removal during probationary period.
(a) General rule.--The appointing authority may remove an
employee from the classified service before the expiration of
the probationary period.
(b) Permanent separation.--An individual removed shall be
considered permanently separated from the individual's position.
The Office of Administration may, if the action is appropriate,
place the name of the individual removed on the employment list
of the appropriate class for future certification to other
appointing authorities.
§ 2605. Rights of promoted employee during probationary period.
(a) General rule.--An employee serving a probationary period
which has resulted from a promotion may be removed from the
classified service only for just cause.
(b) Voluntary return to previous position.--
(1) During the first three months of the probationary
period, the employee has the option to return to the position
previously held.
(2) After three months, an employee in probationary
status may return to the previous position or classification
with written consent of the appointing authorities.
(c) Appointment to previous position.--If the employee's
performance during the probationary period is not determined to
be satisfactory by the appointing authority, the employee shall
be returned to the position or class held immediately prior to
the promotion without necessity of appeal or hearing.
§ 2606. Resignation.
(a) Form and reinstatement.--
(1) An employee may resign from the classified service
either verbally or in writing.
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(2) Upon the request of an appointing authority, an
employee may be reinstated in the classification from which
the employee resigned.
(b) Acceptance of resignation.--Resignation of an individual
in the classified service shall not be effective unless accepted
by the appointing authority in writing within 15 calendar days
after the date the individual tenders resignation.
(c) Resignation prohibited.--No individual about to be
appointed to a position in the classified service shall, in
advance of or at the time of the appointment, sign or execute a
resignation, whether dated or undated.
§ 2607. Removal.
No regular employee in the classified service may be removed,
except for just cause.
§ 2608. Leave of absence.
(a) Right of return.--If there is a vacancy with the same
appointing authority, an employee who has been granted a leave
of absence at the discretion of an appointing authority shall,
upon expiration of the leave of absence, have the right of
return to any of the following:
(1) the class and civil service status from which leave
was granted;
(2) a class and civil service status that the employee
previously held, if the class is contained in the current
class plan of the agency; or
(3) a class and civil service status in the same or
lower grade, if the employee meets the minimum qualifications
given in the classification plan of the agency.
(b) No vacancy upon return.--If there is no vacancy to which
the employee on leave can be returned, the employee shall retain
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priority of return to the class from which the leave of absence
was granted for a period of one year following the date of
expiration of the leave, and, during that time period, the
employee shall have precedence for employment over employees
furloughed from the same class.
§ 2609. Seniority.
(a) General rule.--Seniority is established for the
classified service, classification series and for each class,
unless there is in existence a labor agreement covering the
position in the classified service, in which case the definition
of seniority in the labor agreement shall control.
(b) Calculation of seniority.--
(1) Seniority for the classified service begins with the
date of first civil service employment in a civil service
class and includes periods of subsequent employment in any
civil service class, providing the employment has been on a
continuous basis.
(2) Seniority for a classification series begins with
the date of first civil service employment in the class
series and includes periods of employment in classes within
the series during any period while employed on a continuous
basis in the classified service.
(3) Seniority in each class begins with the date of
first civil service employment in that class and includes
periods of subsequent employment in that class during any
period while employed on a continuous basis in the classified
service.
(c) Consideration of furlough and leave of absence.--Periods
of furlough and approved leave of absence without pay shall be
deemed continuous employment for seniority purposes, except that
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the period of furlough or leave of absence without pay shall not
be counted toward seniority.
CHAPTER 27
PROHIBITIONS, PENALTIES AND ENFORCEMENT
Sec.
2701. Periodic audits of employees by Office of Administration.
2702. False statements made under oath and concealing
information.
2703. Misdemeanors.
2704. Prohibition of discrimination.
2705. Political activity.
2706. Removal and disqualification of officers and employees.
§ 2701. Periodic audits of employees by Office of
Administration.
The Office of Administration may SHALL conduct audits of
changes in employment and promotions of employees in the
departments, bureaus and agencies under its jurisdiction to
ensure strict compliance with this part.
§ 2702. False statements made under oath and concealing
information.
(a) Perjury.--An individual who makes a false statement
under oath on an application or other paper filed with the
Office of Administration, in an investigation conducted by or
under the direction of the Office of Administration or in
proceedings arising under this chapter, commits perjury and
shall be punished under the provisions of 18 Pa.C.S. Ch. 49
(relating to falsification and intimidation).
(b) Concealing information.--An individual who intentionally
fails to disclose a material fact or in any manner conceals
information in order to obtain employment or promotion under
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this part shall, in addition to any other penalty provided by
law, be removed from all eligible lists for a period of time to
be determined by the Office of Administration and, if appointed
or promoted, be summarily removed.
§ 2703. Misdemeanors.
An individual who, alone or in collusion with one or more
other individuals, willfully performs any of the following
commits a misdemeanor and shall, upon conviction, be sentenced
to pay a fine of not less than $100 nor more than $3,000 for
each offense or to imprisonment for not more than three years,
or both:
(1) Defeats, deceives or obstructs an individual with
respect to the individual's right of examination, appointment
or employment in accordance with this part.
(2) Corruptly or falsely marks, rates, grades, estimates
or reports upon the tests or proper standing of an individual
tested or certified under this part, or aids in doing so.
(3) Willfully makes false representations concerning
tests, standings or individuals tested.
(4) Willfully furnishes to an individual special or
secret information for the purpose of improving or injuring
the prospects or chances of an individual examined or
certified or of an individual who will be examined or
certified.
(5) Impersonates an individual or permits or aids in any
manner another individual to impersonate him or her in
connection with an examination or request to be examined,
certified or appointed.
(6) Furnishes false information about the individual or
another individual in connection with a request to be
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examined, certified or appointed.
(7) Makes an appointment to office or selects an
individual for employment contrary to this part.
(8) Refuses to comply with the provisions of this part.
(9) Willfully or through culpable negligence violates
the provisions of this part or rules made under this part.
§ 2704. Prohibition of discrimination.
An officer or employee of the Commonwealth may not
discriminate against an individual in recruitment, examination,
appointment, training, promotion, retention or any other
personnel action with respect to the classified service because
of race, gender, religious RELIGION, DISABILITY or political,
partisan or labor union affiliation or other nonmerit factors.
§ 2705. Political activity.
(a) General rule.--An individual in the classified service
may not use the individual's official authority or influence for
the purpose of interfering with or affecting the result of an
election.
(b) Political activities prohibited.--An individual in the
classified service may not take an active part in political
management or in a political campaign. Activities prohibited by
this subsection include the following:
(1) Serving as an officer of a political party, a member
of a national, State or local committee of a political party
or an officer or member of a committee of a partisan
political club, or being a candidate for any of these
positions.
(2) Organizing or reorganizing a political party
organization or political club.
(3) Directly or indirectly soliciting, receiving,
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collecting, handling, disbursing or accounting for
assessments, contributions or other money for a partisan
political purpose.
(4) Organizing, selling tickets to, promoting or
actively participating in a fundraising activity of a
candidate in a partisan election or a political party or
political club.
(5) Taking an active part in managing the political
campaign of a candidate for public office in a partisan
election or a candidate for political party office.
(6) Becoming a candidate or campaigning for an elective
public office in a partisan election.
(7) Soliciting votes in support of or in opposition to a
candidate for public office in a partisan election or a
candidate for political party office.
(8) Acting as recorder, watcher, challenger or similar
officer at the polls on behalf of a political party or a
candidate in a partisan election.
(9) Driving voters to the polls on behalf of a political
party or a candidate in a partisan election.
(10) Endorsing or opposing a candidate for public office
in a partisan election or a candidate for political party
office in a political advertisement, broadcast, campaign,
literature or similar material.
(11) Serving as a delegate, alternate or proxy to a
political party convention.
(12) Addressing a convention, caucus, rally or similar
gathering of a political party in support of or in opposition
to a partisan candidate for public office or political party
office.
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(13) Initiating or circulating a partisan nominating
petition.
(14) Soliciting, paying, collecting or receiving a
contribution at or in the workplace from an employee for a
political party, political fund or other partisan recipient.
(15) Paying a contribution in the workplace to an
employee who is the employer or employing authority of the
individual making the contribution for a political party,
political fund or other partisan recipient.
(c) Rights.--An employee or individual to whom subsection
(a) or (b) applies shall retain the right to and may engage in
the following activities:
(1) Register and vote in an election.
(2) Express an opinion as an individual privately and
publicly on political subjects and candidates.
(3) Display a political picture, sticker, badge or
button when not on duty and at locations other than the
workplace.
(4) Participate in the nonpartisan activities of a
civic, community, social, labor or professional organization,
or a similar organization.
(5) Be a member of a political party or other political
organization or club and participate in the organization's or
club's activities to the extent consistent with this section.
(6) Attend a political convention, rally, fundraising
function or other political gathering.
(7) Sign a political petition as an individual.
(8) Make a financial contribution to a political party
or organization.
(9) Be politically active in connection with a question
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that is not specifically identified with a political party,
such as a constitutional amendment, referendum, approval of a
municipal ordinance or other question or issue of similar
character.
(10) Otherwise participate fully in public affairs,
except as prohibited by law, in a manner that does not
materially compromise efficiency or integrity as an employee
or the neutrality, efficiency or integrity of a Commonwealth
agency.
(d) School director.--Notwithstanding any provision of this
section or any other law to the contrary, no individual may be
deemed ineligible for the office of school director solely on
the basis that the individual is a member of the classified
service under this part.
(e) Further prohibition or limitation.--The provisions of
subsection (c) do not authorize an employee to engage in
political activity while on duty or while in a uniform which
identifies the individual as an employee. The head of an agency
may prohibit or limit the participation of an employee or class
of employees of the agency in an activity permitted under
subsection (c) if participation in the activity will interfere
with the efficient performance of official duties or create a
conflict or apparent conflict of interests.
(f) Penalty.--An individual in the classified service who
violates this section shall be removed from employment and money
appropriated for the position from which the employee was
removed may not be used to pay the employee or individual,
provided the Office of Administration may impose a penalty of
suspension without pay for not more than 120 working days if the
Office of Administration finds that the violation does not
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warrant termination.
(g) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Agency." An agency employing individuals in the classified
service.
"Contribution." A gift, subscription, loan, advance, deposit
of money, allotment of money or anything of value given or
transferred by one individual to another, including cash, check,
draft, payroll deduction, allotment plan or by pledge or
promise, whether or not enforceable.
"Election." A primary, municipal, special and general
election.
"Employee." An individual in the classified service.
"Employer" or "employing authority." The immediate employing
agency head, agency principals or an employee's supervisor.
"Partisan." When used as an adjective, the term refers to a
political party.
"Political fund." A fund, organization, political action
committee or other entity that, for purposes of influencing the
outcome of a partisan election, receives or expends money or
anything of value, or transfers money or anything of value to
another fund, political party, candidate, organization,
political action committee or any other entity.
§ 2706. Removal and disqualification of officers and employees.
(a) General rule.--Except as otherwise provided in section
2705 (relating to political activity), an individual holding a
position in the classified service who intentionally violates
the provisions of this chapter shall be immediately separated
from the service.
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(b) Duty of appointing authority.--The appointing authority
of the State agency in which the offending individual is
employed shall remove the individual at once in accordance with
the provisions of this part.
(c) Ineligibility after removal.--An individual removed
under this section shall be ineligible for reappointment to a
position in the classified service for a period of time to be
determined by the Office of Administration.
CHAPTER 28
NOTICE OF PERSONNEL ACTIONS
Sec.
2801. Notice.
§ 2801. Notice.
(a) Notice.--Written notice of a personnel action taken
under this part shall be provided to the affected employee.
(b) Time limit for notice.--The notice shall be furnished
within the time limit prescribed by the Office of
Administration. Copies of the notice shall be provided to the
Office of Administration upon request.
(c) Contents of notice.--The notice shall, in the case of
permanent separation, suspension for cause or involuntary
demotion of a regular employee, set forth the reasons for the
action. The notice shall also provide the affected employee
information on the employee's right to appeal the personnel
action to the commission.
CHAPTER 29
SERVICES AVAILABLE, COSTS AND FUNDING
Sec.
2901. Service and cooperation.
2902. Receiving money and allocating or apportioning costs.
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2903. EXISTING APPROVED COUNTIES.
§ 2901. Service and cooperation.
(a) General rule.--The services and facilities utilized by
the Office of Administration and its staff to implement this
chapter shall be available to departments, boards, commissions,
agencies and political subdivisions of this Commonwealth.
(b) Costs.--The following shall apply:
(1) The cost of the services and facilities made
available by the Office of Administration under subsection
(a) shall be paid proportionally by the department, board,
commission, agency or political subdivision to which the
services and facilities are made available.
(2) The Office of Administration shall prepare and issue
semiannual statements of costs under this section, setting
forth the total cost and the share attributable to each
department, board, commission, agency or political
subdivision to which services or facilities are made
available. Upon receipt of a statement, each department,
board, commission, agency and political subdivision shall pay
its share of the cost to the Office of Administration.
(c) Obligation.--The following shall apply:
(1) Money payable to the Office of Administration under
subsection (b) shall be:
(i) deposited into the General Fund;
(ii) credited to the annual appropriation made to
the Office of Administration out of the General Fund for
the proper conduct of its work under this chapter; and
(iii) made available for the same purposes for which
an appropriation is available.
(2) If a department, board, commission or agency of this
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Commonwealth that is supported with money from the General
Fund becomes liable to the Office of Administration under
this section, the liability shall be reimbursed out of the
current appropriation to the department, board, commission or
agency, and an appropriation is appropriated for that
purpose.
(3) As much money as may be necessary is appropriated to
the Office of Administration from:
(i) The State Stores Fund to meet the cost of the
services and facilities of the Office of Administration
as may be attributable to the work of the Office of
Administration with respect to the Pennsylvania Liquor
Control Board; and
(ii) the Administration Fund to meet the cost of
services and facilities of the Office of Administration
as may be attributable to the work of the Office of
Administration with respect to the work of the Department
of Labor and Industry under the act of December 5, 1936
(2nd Sp.Sess., 1937 P.L.2897, No.1), known as the
Unemployment Compensation Law .
(4) In the event any other department, board, commission
or agency of the Commonwealth that is supported out of a
special fund becomes obligated to the Office of
Administration under the provisions of this section, as much
money as may be necessary is appropriated out of the special
fund to meet the cost of services and facilities of the
Office of Administration as may be attributable to the work
of the administrative department, board, commission or
agency. The amounts that are appropriated out of the special
funds shall be transferred from the funds to the General
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Fund, shall be credited to the current appropriation made to
the Office of Administration out of the General Fund and are
appropriated to the Office of Administration for the same
purposes as the appropriation out of the General Fund is
appropriated under this section.
§ 2902. Receiving money and allocating or apportioning costs.
The Office of Administration shall have the authority to
receive money from the Federal Government, an agency of the
Federal Government or any other source for the administration of
this part. The Office of Administration and the Secretary of the
Budget shall have the power to allocate among the departments
and agencies the cost of administering this part.
§ 2903. EXISTING APPROVED COUNTIES.
COUNTIES THAT HAVE BEEN APPROVED FOR A COUNTY-DEVELOPED AND
ADMINISTERED MERIT-BASED SYSTEM OF EMPLOYMENT AND PERSONNEL
ADMINISTRATION BY ONE OR MORE STATE AGENCIES MAY CONTINUE TO
UTILIZE THE APPROVED SYSTEM.
CHAPTER 30
STATE CIVIL SERVICE COMMISSION AND DIRECTOR
Sec.
3001. State Civil Service Commission.
3002. Meetings of commission.
3003. Duties of commission.
3004. Legal counsel.
3005. Qualifications, appointment and compensation of director.
3006. Powers and duties of director.
3007. Cooperation by officers and employees of the
Commonwealth.
3008. Periodic audits of employees by commission.
§ 3001. State Civil Service Commission.
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(a) Organization of commission.--The commission shall
consist of three full-time members, not more than two of whom
shall be of the same political affiliation, appointed by the
Governor with the advice and consent of a majority of the
members elected to the Senate.
(b) Term.--Each appointment shall be for a term of six
years. The members of the commission shall hold no other public
position to which a salary is attached.
(c) Chair.--The Governor shall designate one of the members
of the commission as chair.
(d) Prohibitions.--Commission members shall not hold an
office or position if the duties of the office or position are
incompatible with the member's official duties.
(e) Veteran requirement.--At least one member of the
commission shall be a veteran.
(f) Salary.--The chair of the commission shall receive an
annual salary of $89,000. Every other commissioner shall receive
a salary of $85,000 per annum.
(g) Increases and expenses.--The commissioners shall receive
annual cost-of-living increases under section 3(e) of the act of
September 30, 1983 (P.L.160, No.39), known as the Public
Official Compensation Law. Each commissioner shall be entitled
to receive actual traveling expenses.
(h) Eligibility.--The following shall apply:
(1) An individual appointed as a member of the
commission shall be:
(i) A citizen and legal resident of this
Commonwealth for a period of not less than one year.
(ii) Familiar with modern personnel methods and the
application of merit principles to public employment.
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(2) An individual who does any of the following shall
not be eligible to serve as a commissioner:
(i) holds or campaigns for any other public office;
(ii) holds office in a political party or political
committee;
(iii) actively participates in or contributes to a
political campaign;
(iv) directly or indirectly attempts to influence a
decision by a governmental body other than a court of law
or as a representative of the commission on a matter
within the jurisdiction of the commission; or
(v) is employed by the Commonwealth or a political
subdivision in any other capacity whether or not for
compensation.
(3) The Governor may remove a member of the commission
for incompetence, inefficiency, neglect of duty, malfeasance
or misfeasance in office by giving the member a statement in
writing of the charges against the member and affording the
member, after notice of not less than 10 days, an opportunity
to make a written answer and, upon request, to be publicly
heard in person and by counsel. A copy of the charges and
answer of the Governor's findings and a transcript of the
record shall be filed with the director.
§ 3002. Meetings of commission.
(a) Meetings.--The commission shall meet at least once each
month. Meetings may be canceled with appropriate public notice.
(b) Notice of meetings.--The chair of the commission shall
cause reasonable notice to be given to each member of the
commission and to the director of the time and place of each
meeting.
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(c) Call to meeting.--Meetings shall be held at the call of
the chair, the Governor or any member of the commission.
(d) Quorum.--Two members of the commission shall constitute
a quorum at a meeting.
§ 3003. Duties of commission.
It shall be the duty of the commission:
(1) After public hearing, as specified under this
chapter, to promulgate regulations either on the motion of
the commission or upon recommendation of the director for
effectuating the provisions of this chapter.
(2) Upon request or on the motion of the commission as
provided under this section, in cases of demotion, furlough,
suspension and removal, to hold public hearings, render
decisions on appeals and record the commission's findings and
conclusions.
(3) To make investigations as may be requested by the
Governor or the General Assembly and to report on the
investigations.
(4) To report by June 1 of each year to the General
Assembly on all complaints, grievances and cases arising from
questions by veterans about the application of and the
results attained by use of the veterans' preference
provisions of this chapter with regard to hiring, promotion
and firing of employees covered by this chapter.
(5) Upon its own motion and subject to the specific
terms and conditions imposed under this part, to delegate
authority to the director to promote the efficient and
effective performance of the administrative duties of the
commission.
(6) From money appropriated for the operation of the
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commission, to enter into cooperative agreements with
departments, boards, commissions and other agencies of the
Commonwealth to provide services, including budget
preparation, fiscal oversight, human resources and personnel
services, technology services, procurement, courier and
mailing and other services. Notwithstanding 62 Pa.C.S.
(relating to procurement), the commission may use the
Department of General Services as its purchasing agency. The
commission shall retain authority over commission work under
the cooperative agreement.
(7) To conduct hearings as follows:
(i) A regular employee in the classified service
may, within 20 calendar days of receipt of notice from
the appointing authority, appeal in writing to the
commission a permanent separation, suspension for cause,
furlough or demotion on the grounds that the action has
been taken in the employee's case in violation of the
provisions of this part. Upon receipt of the notice of
appeal, the commission shall promptly schedule and hold a
public hearing.
(ii) A person who is aggrieved by an alleged
violation of section 2704 (relating to prohibition of
discrimination) may appeal in writing to the commission
within 20 calendar days of the alleged violation. Upon
receipt of the notice of appeal, the commission shall
promptly schedule and hold a public hearing.
(iii) Final decisions of the commission shall be
reviewable in accordance with the laws of this
Commonwealth.
(8) To provide remedies as follows:
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(i) Within 90 days after the conclusion of the
hearing described under section 3003(d)(7), the
commission shall report the commission's findings and
conclusions to the parties directly involved in the
action.
(ii) If the decision is in favor of the employee or
the aggrieved person, the commission shall make an order
as the commission deems appropriate to assure the rights
accorded the individual under this part.
(iii) If an employee is removed, furloughed,
suspended or demoted, the commission may modify or set
aside the action of the appointing authority. If
appropriate, the commission may order reinstatement, with
the payment of the portion of the salary or wages lost,
including employee benefits, as the commission may in its
discretion award.
§ 3004. Legal counsel.
In accordance with the act of October 15, 1980 (P.L.950,
No.164), known as the Commonwealth Attorneys Act, the commission
shall appoint and direct attorneys as needed in the performance
of the commission's duties required under this part.
§ 3005. Qualifications, appointment and compensation of
director.
(a) General rule.--The director shall be an individual who
is familiar with the principles and methods of personnel
administration and the application of merit principles and
scientific methods to public employment.
(b) Appointment.--The director shall be appointed by the
commission and serve at the pleasure of the commissioners.
(c) Salary.--The director's salary shall be fixed by the
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commission with the approval of the Governor. The director shall
hold no other paid public position.
§ 3006. Powers and duties of director.
Under the direction and supervision of the commission, the
director, except as otherwise provided in this part, shall
direct and supervise the administrative work of the commission.
The director shall have the power and duty to:
(1) Appoint staff to classified service positions as may
be necessary to carry out this chapter and Chapter 31
(relating to hearings and records) and to supervise and
direct this work.
(2) Attend the meetings of the commission.
(3) Prepare and recommend to the commission regulations
and amendments to regulations.
(4) Administer the provisions of this chapter and
Chapter 31 and of the regulations made under this chapter and
Chapter 31.
(5) Investigate the effect of the administration of this
chapter and Chapter 31 and of the regulations made under this
chapter and Chapter 31 and to report the findings and
recommendations to the commission.
(6) Make a report in writing, not later than November 1
of each year, concerning the administrative and legal work
performed by the commission during the preceding fiscal year.
(7) Perform an act required under this chapter and
Chapter 31 or regulations made under this chapter and Chapter
31 or directed by the commission.
(8) Request assistance from the attorneys appointed
under section 3004 (relating to legal counsel) as may be
necessary in the performance of the director's administrative
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duties.
(9) Advertise on the commission's publicly accessible
Internet website and in all commission announcements and
advertisements that veterans' preference is the law of this
Commonwealth and that, to determine standing on all certified
eligible lists, an additional 10 points shall be applied to
the final examination score obtained by a veteran in
accordance with 51 Pa.C.S. § 7103 (relating to additional
points in grading civil service examinations), and the same
preferential rating given to veterans under this part shall
be extended to include spouses in accordance with 51 Pa.C.S.
§ 7108 (relating to preference of spouses).
§ 3007. Cooperation by officers and employees of the
Commonwealth.
Upon the written request of the director, all officers and
employees in the service of the Commonwealth shall, during usual
business hours, furnish to the commission the facilities,
assistance and information as the commission may require in
carrying out its functions.
§ 3008. Periodic audits of employees by commission.
The commission shall conduct audits of APPOINTMENTS, changes
in employment and promotions of employees in the classified
service to ensure strict compliance with this part and
regulations promulgated BY THE OFFICE OF ADMINISTRATION under
this part.
CHAPTER 31
HEARINGS AND RECORDS
Sec.
3101. Public hearings.
3102. Oaths, testimony and production of papers.
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3103. Records open to public.
3104. False statements made under oath constitute perjury.
§ 3101. Public hearings.
(a) Public hearing.--The commission shall hold a public
hearing at which any citizen shall have the right to appear and
be heard before submitting proposed regulations under the act of
June 25, 1982 (P.L.633, No.181), known as the Regulatory Review
Act, or adopting or amending the rules of the commission.
(b) Notice of hearing.--Public notice of the public hearing
shall be given in accordance with 65 Pa.C.S. Ch. 7 (relating to
open meetings) and, at least seven days in advance of the
hearing, by posting on a bulletin board maintained in or near
the commission's principal office, in a place accessible to the
public during business hours, a statement of the time and place
of the hearing and of the matter to be considered. The
commission shall also furnish at least 20 copies of the notice
to the newspaper correspondents' office in the State Capitol and
one copy of the notice to the Governor, each appointing
authority and each member of the General Assembly. The
commission may give further public notice of the hearings as it
deems advisable.
§ 3102. Oaths, testimony and production of papers.
(a) Administration of oaths.--Each member of the commission,
the director and any other employee or agent authorized by the
commission shall have the power to administer oaths in matters
pertaining to the work of the commission.
(b) Subpoenas.--The commission shall have the power to
secure by subpoena the attendance and testimony of witnesses and
the production of books and papers.
(c) Authority of court.--A judge of a court of record shall,
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upon proper application of the commission, compel the attendance
of witnesses, the production of books and papers and the giving
of testimony before the commission by attachment for contempt,
or otherwise, in the same manner as the production of evidence
may be compelled before the court.
§ 3103. Records open to public.
(a) General rule.--The minutes of the commission shall be
preserved as permanent records. Correspondence, other papers and
records of the commission shall be maintained for periods
established in the commission's records retention schedule,
which may, upon publication of notice in the Pennsylvania
Bulletin, be changed at the discretion of the commission to meet
the criteria and needs of the commission.
(b) Electronic records.--The commission and the director, in
their deliberations, may rely on computerized or electronically
or mechanically reproduced records.
(c) Records to be public.--On written request, supported by
justification acceptable to the director and subject to
reasonable regulation, all records of the commission shall be
open to public inspection during ordinary business hours except
as otherwise provided for under this chapter.
§ 3104. False statements made under oath constitute perjury.
(a) Offense defined.--A false statement made under oath in
an application or other paper filed with the commission, in an
investigation conducted by or under the direction of the
commission or in proceedings arising under this part, shall be
perjury and punishable under the provisions of 18 Pa.C.S. Ch. 49
(relating to falsification and intimidation).
(b) Penalty.--An individual intentionally failing to
disclose a material fact or in any manner concealing information
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in order to obtain employment or promotion under this part
shall, in addition to any other penalty provided in this
chapter, be removed from all eligible lists for a period of time
to be determined by the Office of Administration and, if
appointed or promoted, be summarily removed.
CHAPTER 32
COMMISSION FUNDS, COSTS AND SERVICE
Sec.
3201. Receiving money and allocating or apportioning costs.
3202. Service and cooperation.
§ 3201. Receiving money and allocating or apportioning costs.
(a) Receipt.--The commission may receive money from the
Federal Government or an agency of the Federal Government or
from any other source for the administration of this part. The
commission and the Secretary of the Budget shall allocate among
the departments and agencies under this part the cost of
administering this part.
(b) Transfer.--On the effective date of this section, the
Secretary of the Budget shall, if necessary, transfer money to
the Office of Administration in the amount necessary to support
the transfer of duties.
§ 3202. Service and cooperation.
(a) General rule.--The services and facilities of the
commission and its staff shall be available to departments,
boards, commissions, agencies and political subdivisions of this
Commonwealth.
(b) Costs.--
(1) The cost of the services and facilities made
available by the commission shall be paid by the department,
board, commission, agency and political subdivision to which
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the services and facilities are made available, in the
proportion that the cost of the services and facilities bears
to the total cost of the services and facilities.
(2) The commission shall prepare and issue semiannual
statements of the cost, which shall be reviewed and approved
by the Office of the Budget, providing the total cost and the
share attributable to each department, board, commission,
agency and political subdivision to which services or
facilities are made available. Upon receipt of the
statements, each department, board, commission, agency and
political subdivision shall pay its share of the cost to the
commission.
(c) Obligation.--
(1) Money payable to the commission, by way of
reimbursement, shall be paid into the General Fund, shall be
credited to the annual appropriation made to the commission
out of the General Fund for the proper conduct of its work
under this part and shall be available for the same purposes
for which an appropriation is available.
(2) If a department, board, commission or agency which
is supported out of the General Fund becomes liable to the
commission under the provisions of this section, the
liability shall be defrayed out of the current appropriation
to the department, board, commission or agency for the proper
conduct of its work, and an appropriation is appropriated for
that purpose.
(3) As much money as may be necessary is appropriated to
the commission from the State Stores Fund to meet the cost of
the services and facilities of the commission as may be
attributable to the work of the commission, with respect to
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the Pennsylvania Liquor Control Board.
(4) As much money as may be necessary is appropriated to
the commission from the Administrative Fund to meet the cost
of services and facilities of the commission as may be
attributable to the work of the commission with respect to
the work of the Department of Labor and Industry under the
act of December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1),
known as the Unemployment Compensation Law.
(5) In the event any other department, board, commission
or agency, which is supported out of a special fund, becomes
obligated to the commission under the provisions of this
section, as much money as may be necessary is appropriated
out of the special fund to meet the cost of services and
facilities of the commission as may be attributable to the
work of the department, board, commission or agency. The
amounts that are appropriated out of the special funds shall
be transferred from the funds to the General Fund, shall be
credited to the current appropriation made to the commission
out of the General Fund for the proper conduct of its work
and are appropriated to the commission for the same purposes
as the appropriation out of the General Fund is appropriated
under this section.
CHAPTER 33
RECORDS, STATUS AND APPROPRIATIONS
Sec.
3301. Transfer of records.
3302. Status of certain employees.
3303. Veterans' preference.
3304. AUDITS OF APPLICATION OF VETERANS' PREFERENCE.
§ 3301. Transfer of records.
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(a) Transfer.--The following, which are in effect on the
effective date of this section, shall be transferred from the
commission to the Office of Administration on the effective date
of this section:
(1) Each eligible list previously established or
certified.
(2) All books, records and documents in paper and
electronic form and format.
(3) All supplies, materials, equipment and computer
hardware and software relating to or used in connection with
a merit system in the service of the Commonwealth.
(b) Eligible list.--
(1) Each eligible list shall be used for appointments by
the Office of Administration in the same manner as provided
in this part until examinations have been selected or
conducted by the Office of Administration and new eligible
lists have been prepared.
(2) Individuals whose names remain on an existing
eligible list shall be retained on the eligible list for at
least 180 days from the date the eligible list was
established until the eligible list is replaced by a more
recently prepared eligible list.
(3) If applications have been filed for examinations or
examinations have been held, but no eligible list established
in connection with a merit system in the service of the
Commonwealth is in effect on the effective date of this
section, the applications and examinations transferred to the
Office of Administration shall have the same force and effect
as if the applications had been filed or the examinations had
been held by the Office of Administration.
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§ 3302. Status of certain employees.
An individual occupying a position in the classified service
which, on the day preceding the effective date of this section,
was under a type of merit system, including a merit system by
virtue of the Civil Service Act, shall be accorded the status
the individual held on that date. Nothing in this part shall be
construed to remove from the classified service any position
which was in the classified service in the service of this
Commonwealth immediately prior to the effective date of this
section.
§ 3303. Veterans' preference.
Nothing in this part shall be construed to repeal or
supersede the provisions of 51 Pa.C.S. Pt. V (relating to
employment preferences and pensions).
§ 3304. AUDITS OF APPLICATION OF VETERANS' PREFERENCE.
THE COMMISSION SHALL CONDUCT AUDITS OF APPOINTMENTS AND
CHANGES IN EMPLOYMENT IN THE CLASSIFIED SERVICE TO ENSURE STRICT
COMPLIANCE WITH 51 PA.C.S. PT. V (RELATING TO EMPLOYMENT
PREFERENCES AND PENSIONS).
Section 2. Repeals are as follows:
(1) The General Assembly declares that the repeals under
paragraphs (2) and (3) are necessary to effectuate the
addition of 71 Pa.C.S. Pt. III.
(2) Section 1312(a) of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929,
is repealed.
(3) The act of August 5, 1941 (P.L.752, No.286), known
as the Civil Service Act, is repealed.
(4) All acts and parts of acts are repealed insofar as
they are inconsistent with this part.
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Section 3. The addition of 71 Pa.C.S. Pt. III is a
continuation of the act of August 5, 1941 (P.L.752, No.286),
known as the Civil Service Act. The following apply:
(1) Except as otherwise provided in 71 Pa.C.S. Pt. III,
all activities initiated under the act of August 5, 1941
(P.L.752, No.286), known as the Civil Service Act, shall
continue and remain in full force and effect and may be
completed under 71 Pa.C.S. Pt. III. Orders, regulations,
rules and decisions which were made under the Civil Service
Act and which are in effect on the effective date of section
2(3) of this act shall remain in full force and effect until
revoked, vacated or modified under 71 Pa.C.S. Pt. III.
Contracts, obligations and collective bargaining agreements
entered into under the Civil Service Act are not affected nor
impaired by the repeal of the Civil Service Act.
(1.1) Each position given civil service status under the
Civil Service Act or any other act shall not be affected nor
impaired by the repeal of the Civil Service Act and the
addition of 71 Pa.C.S. Pt. III.
(2) Except as set forth in paragraph (3), any difference
in language between 71 Pa.C.S. Pt. III and the Civil Service
Act is intended only to conform to the style of the
Pennsylvania Consolidated Statutes and is not intended to
change or affect the legislative intent, judicial
construction or administration and implementation of the
Civil Service Act.
(3) Paragraph (2) does not apply to the addition of the
following:
(i) The addition of the definitions of "job," "job
title" and "board" under 71 Pa.C.S. § 2103.
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(ii) The authority of the Office of Administration
to issue regulations, including temporary regulations,
under 71 Pa.C.S. § 2203.
(iii) The administration of merit system employment
by the Office of Administration under 71 Pa.C.S. Chs. 22,
23, 24, 25, 26, 27, 28 and 29.
(iv) 71 Pa.C.S. Chs. 32 and 33.
(v) The transfer of records under 71 Pa.C.S. § 3301.
Section 4. This act shall take effect as follows:
(1) The following provisions shall take effect
immediately:
(i) This section.
(ii) The addition of 71 Pa.C.S. §§ 2203(b) and 3301.
(2) The remainder of this act shall take effect in nine
months.
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