SENATE AMENDED
PRIOR PRINTER'S NOS. 886, 1786, 1957 PRINTER'S NO. 2579
No. 783 Session of 1975
INTRODUCED BY MESSRS. CAPUTO, GEISLER, ROMANELLI, M. M. MULLEN,
FLAHERTY, RHODES, ITKIN, IRVIS, SWEENEY, CESSAR AND FISHER,
MARCH 18, 1975
SENATOR MURPHY, LOCAL GOVERNMENT, IN SENATE, AS AMENDED,
DECEMBER 9, 1975
AN ACT
1 Amending the act of June 27, 1939 (P.L.1207, No.405), entitled,
2 as amended, "An act regulating the appointment, promotion,
3 suspension, reduction, removal, and reinstatement of employes
4 (except chiefs and chief clerks) in bureaus of fire and fire
5 alarm operators and fire box inspectors in bureaus of
6 electricity, in cities of the second class; defining the
7 powers and duties of Civil Service Commissions for such
8 purpose in said cities; and repealing inconsistent
9 legislation," further providing for use of eligibility lists <--
10 and for filling of vacancies and for transfers or assignments
11 within companies. ENGINE AND TRUCK COMPANIES HOUSED TOGETHER <--
12 AND ELIMINATING UNITS.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Subsection (a) of section 3.1 and section SECTION <--
16 3.2, act of June 27, 1939 (P.L.1207, No.405), entitled, as
17 amended, "An act regulating the appointment, promotion,
18 suspension, reduction, removal and reinstatement of employes
19 (except chiefs and chief clerks) in bureaus of fire and fire
20 alarm operators and fire box inspectors in bureaus of
21 electricity, in cities of the second class; defining the powers
1 and duties of Civil Service Commissions for such purpose in said
2 cities; and repealing inconsistent legislation," added July 3,
3 1963 (P.L.186, No.113), are IS amended to read: <--
4 Section 3.1. (a) Both original appointments and promotions <--
5 to any position in the competitive class in any bureau of fire
6 in any city of the second class shall be made only from the top
7 of the competitive list: Provided, however, That the appointing
8 officer may pass over the person on the top of the competitive
9 list for just cause in writing. Any person so passed over shall,
10 upon written request, be granted a public hearing before the
11 Civil Service Commission. No competitive list shall expire in
12 any year so long as there are vacancies left to fill therefrom
13 nor shall examinations for a new list be given during any one
14 year until the prior list is exhausted if there are vacancies
15 left to fill. For the purposes of this act vacancies shall exist
16 in the Bureau of Fire whenever the number of uniformed members
17 is less than the number of uniformed members budgeted for by the
18 city.
19 * * *
20 Section 3.2. (a) Whenever in the competitive class of any
21 bureau of fire a vacancy of equal rank shall occur in another
22 [unit or] company, the vacancy shall be filled by transferring
23 the person with the longest period of service within the bureau
24 of fire who requests such transfer. Notice of any such vacancy
25 to be filled shall be prominently posted at all fire stations
26 within five days after the occurrence of the vacancy, and any
27 person desiring such transfer shall submit a written request
28 therefor within ten days of the posting. [A vacancy may be <--
29 temporarily filled for a period not to exceed fifteen days. In
30 the event that no person requests such transfer as above set
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1 forth, the vacancy may be permanently filled at the discretion
2 of the appointing authority of the bureau of fire.] <--
3 Driving assignments within a [unit or] company shall be made
4 on the basis of seniority within that [unit or] company.
5 Engine and truck companies housed together shall be
6 considered to be one company except where an engine company and
7 a truck company with the same numbers are bound together in
8 which case they shall be considered one company and the other
9 company houses in the same facility shall be another company.
10 Squad companies and elevated platforms shall be separate
11 companies.
12 No such transfer or driving assignment shall be denied the
13 person entitled thereto by reason of seniority unless such
14 person is found to be unable to perform the necessary duties.
15 The denial of any such transfer or driving assignment shall be
16 in writing, and shall state the reasons therefor.
17 (b) Any person who is denied a transfer or who is denied a
18 driving assignment to which he is entitled under subsection (a)
19 of this section shall, upon written request, be granted a public
20 hearing before the Civil Service Commission.
21 Section 2. This act shall take effect immediately.
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