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        PRIOR PRINTER'S NO. 1948                      PRINTER'S NO. 2188



No. 1363 Session of 2008

           APRIL 11, 2008


                                     AN ACT

     1  Amending the act of June 1, 1945 (P.L.1232, No.427), entitled
     2     "An act providing for and regulating the appointment,
     3     promotion and reduction in rank, suspension and removal of
     4     paid operators of fire apparatus in boroughs, incorporated
     5     towns and townships of the first class; creating a civil
     6     service commission in each borough, incorporated town and
     7     township of the first class; defining the duties of such
     8     civil service commission; imposing certain duties and
     9     expenses on boroughs, incorporated towns and townships of the
    10     first class; imposing penalties; and repealing inconsistent
    11     laws," further providing for general provisions relating to
    12     examinations, for rejection of applicant and hearing, for
    13     manner of filling appointments, for probationary period and
    14     for physical examinations.

    15     The General Assembly of the Commonwealth of Pennsylvania
    16  hereby enacts as follows:
    17     Section 1.  Section 11 of the act of June 1, 1945 (P.L.1232,
    18  No.427), entitled "An act providing for and regulating the
    19  appointment, promotion and reduction in rank, suspension and
    20  removal of paid operators of fire apparatus in boroughs,
    21  incorporated towns and townships of the first class; creating a
    22  civil service commission in each borough, incorporated town and
    23  township of the first class; defining the duties of such civil

     1  service commission; imposing certain duties and expenses on
     2  boroughs, incorporated towns and townships of the first class;
     3  imposing penalties; and repealing inconsistent laws," amended
     4  October 17, 1980 (P.L.1078, No.180), is amended to read:
     5     Section 11.  General Provisions Relating to Examinations.--
     6  (a)  Each commission shall make rules and regulations to be
     7  approved, as provided in section six hereof, providing for the
     8  examinations of applicants for positions as fire apparatus
     9  operators and for promotion thereof, which rules and regulations
    10  shall prescribe the minimum qualifications of all applicants to
    11  be examined and passing grades. All examinations for promotions,
    12  or positions as fire apparatus operators of any municipality,
    13  shall be practical in character and shall relate to such
    14  matters, and include such inquiries as will test the merit and
    15  fitness of the persons examined to discharge the duties of the
    16  employment sought by them.
    17     All examinations shall be open to all applicants who have the
    18  minimum qualifications required by the rules and regulations.
    19  Each applicant for examination shall:
    20     (1)  be subject to the regulations adopted by the commission
    21  [and shall be required to submit to a physical examination
    22  either before or after being admitted to the regular examination
    23  held by the commission.];
    24     (2)  either before or after the written examination, be
    25  required to submit to a physical fitness or agility examination
    26  that is job-related and consistent with business necessity; and
    27     (3)  if made a conditional offer of employment, be given a
    28  physical and psychological medical examination in accordance
    29  with section nineteen of this act.
    30     (b)  Public notice of the time and place of every
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     1  examination, together with the information as to the kind of
     2  position or place to be filled, shall be given by publication,
     3  once in a newspaper of general circulation in the municipality,
     4  or in a newspaper circulating generally in the municipality at
     5  least two weeks prior to each examination, and a copy of the
     6  notice shall be prominently posted in the office of the
     7  commission or other public place.
     8     (c)  The commission shall post in its office the eligible
     9  list containing the names and grades of those who have passed
    10  the examination for position.
    11     (d)  Under this act, soldiers as defined [by the act,
    12  approved the fifth day of August, one thousand nine hundred
    13  forty-one (Pamphlet Laws, eight hundred seventy-two),] in 51
    14  Pa.C.S. § 7101 (relating to soldier defined) who have
    15  successfully passed the examination shall be given the
    16  additional credits [provided for by said act] in accordance with
    17  section fourteen of this act.
    18     Section 2.  Sections 13, 14 and 16 of the act are amended to
    19  read:
    20     Section 13.  Rejection of Applicant; Hearing.--(a)  The
    21  commission may refuse to examine any applicant, or if examined,
    22  may refuse to certify, after examination, any person who is
    23  found to lack any of the minimum qualifications for examination
    24  prescribed in the rules and regulations adopted for the position
    25  or employment for which he has applied, or who is physically
    26  [disabled and] unfit for the performance of the duties of the
    27  position to which he seeks employment, or who is [addicted to
    28  the habitual use of intoxicating liquors or drugs,] currently     <--
    29  addicted to and illegally using a controlled substance, as
    30  defined in section 102 of the Controlled Substances Act (Public
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     1  Law 91-513, 21 U.S.C. § 802), or who has been guilty of any
     2  crime involving moral turpitude, or of infamous or notoriously
     3  disgraceful conduct, or who has been dismissed from public
     4  service for delinquency or misconduct in office, or who is
     5  affiliated with any group whose policies or activities are
     6  subversive to the form of government set forth in the
     7  Constitutions and laws of the United States and Pennsylvania.
     8     (b)  If any applicant or person feels himself aggrieved by
     9  the action of the commission in refusing to examine him, or to
    10  certify him as eligible after examination, the commission shall,
    11  at the request of such person within ten days, appoint a time
    12  and place where he may appear personally and by council,
    13  whereupon the commission shall then review its refusal to make
    14  such examination of certification and take such testimony as may
    15  be offered. The decision of the commission shall be final.
    16     Section 14.  Manner of Filling Appointments.--(a)  At the
    17  completion of the testing process, including any background,
    18  physical agility or other examinations, with the exception of
    19  physical and psychological medical examinations pursuant to
    20  section nineteen of this act, the commission shall rank the
    21  candidates who have satisfied the minimum requirements for
    22  appointment on an eligibility list. The eligibility list shall
    23  contain the names of individuals eligible for appointment listed
    24  from highest to lowest based on their scores on the examinations
    25  administered by the commission and any points for which the
    26  applicant was entitled by virtue of 51 Pa.C.S. Ch. 71 (relating
    27  to veterans' preference). The eligibility list shall be valid
    28  for one year from the date the commission ranks all passing
    29  applicants, assigns veterans' preference points and formally
    30  adopts the eligibility list. The commission may, at its sole
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     1  discretion before the original expiration date, by a vote of the
     2  majority of the commission at a duly authorized commission
     3  meeting, extend the list for up to an additional twelve months.
     4  In the absence of a lawful extension by the commission, the list
     5  shall expire. The commission may, at its sole discretion, void
     6  an eligibility list at any time for any reason so long as the
     7  voiding of the list is not designed to circumvent this act.
     8     (b)  Every position or employment, unless filled by
     9  promotion, reinstatement or reduction, shall be filled only in
    10  the following manner:
    11     The appointing officer or body of the municipality shall
    12  notify the commission of any vacancy as a fire apparatus
    13  operator which is to be filled and shall request the
    14  certification of a list of eligibles. The commission shall
    15  certify for each existing vacancy from the eligible list, the
    16  names of three persons therefrom who have received the highest
    17  average in the last preceding examination, held within a period
    18  of one year next preceding the date of the request for such
    19  eligibles. The appointing officer or body shall thereupon, with
    20  sole reference to the merits and fitness of the candidates, make
    21  an appointment from the three names certified unless he or they
    22  make objections to the commission as to one or more of the
    23  persons so certified for any reason stated in section thirteen
    24  of this act. Should such objections be sustained by the
    25  commission, as provided in said section, the commissioner shall
    26  thereupon strike the name of such person from the eligible list
    27  and certify the next highest name for each name stricken off. As
    28  each subsequent vacancy occurs in the same or another position
    29  precisely the same procedure shall be followed.
    30     Section 16.  Probationary Period.--All original appointments
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     1  to positions as fire apparatus operators shall be for a
     2  probationary period of six months, but during the probationary
     3  period an appointee may be dismissed only for a cause specified
     4  in section thirteen of this act or because of incapacity for
     5  duty because of addiction to, and the current use of, DUE TO THE  <--
     6  USE OF alcohol or drugs. If at the close of the probationary
     7  period the conduct or fitness of the probationer has not been
     8  satisfactory to the appointing body or officer, the probationer
     9  shall be notified in writing that he will not receive a
    10  permanent appointment. Thereupon his appointment shall cease,
    11  otherwise, his retention shall be equivalent to a permanent
    12  appointment.
    13     Section 3.  Section 19 of the act, amended October 17, 1980
    14  (P.L.1078, No.180), is amended to read:
    15     Section 19.  Physical and Psychological Medical
    16  Examinations.--[All applicants for examination shall undergo a
    17  physical examination as provided in section 11] An applicant
    18  selected from the eligibility list shall receive a conditional
    19  offer of employment. The offer of employment shall be
    20  conditioned upon the applicant successfully completing a
    21  physical medical examination which shall be conducted under the
    22  supervision of a doctor of medicine appointed by the civil
    23  service commission. If required by the rules and regulations of
    24  the commission, the offer of employment may also be conditioned
    25  on the successful completion of a psychological medical
    26  examination conducted under the supervision of a psychologist or
    27  psychiatrist appointed by the commission. No person shall be
    28  eligible for appointment until [said doctor certifies] each
    29  examiner certifies that the applicant is free from any bodily or
    30  mental defects, deformity, or disease that might incapacitate
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     1  him from the discharge of the duties of the position desired.
     2  For purposes of this section, the phrase "medical examination"
     3  shall mean any examination, procedure, inquiry or test designed
     4  to obtain information about medical history or a physical or
     5  mental defect or impairment. Nothing in this section shall
     6  preclude rules and regulations requiring physical fitness or
     7  agility examinations of applicants that are job-related and
     8  consistent with business necessity, either before or after being
     9  admitted to the regular examination held by the commission.
    10     Section 4.  Nothing contained in the amendment of section 11,
    11  13, 14, 16 or 19 of the act shall affect the validity of any
    12  civil services appointments made prior to the effective date of
    13  this section.
    14     Section 5.  This act shall take effect immediately.

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