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                                                      PRINTER'S NO. 1952



No. 1367 Session of 2008

           APRIL 11, 2008


                                     AN ACT

     1  Amending the act of June 23, 1931 (P.L.932, No.317), entitled
     2     "An act relating to cities of the third class; and amending,
     3     revising, and consolidating the law relating thereto," in
     4     civil service, further providing for rules and regulations
     5     and examinations and for selection of appointee from a
     6     certified list of applicants.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Section 4404 of the act of June 23, 1931
    10  (P.L.932, No.317), known as The Third Class City Code, reenacted
    11  and amended June 28, 1951 (P.L.662, No.164), is amended to read:
    12     Section 4404.  Rules and Regulations; Examinations.--(a)
    13  Each of said boards shall prepare and adopt such rules and
    14  regulations to cover the selection and appointment of all
    15  persons as hereinbefore provided, to be hereafter employed or
    16  appointed in said cities, as in the judgment of said boards
    17  shall be best adapted to securing the best service for the
    18  public. Such rules and regulations shall provide for
    19  ascertaining and determining, so far as possible, the physical

     1  qualifications, habits, reputation, standing, experience and
     2  education of all applicants for such positions, respectively;
     3  and they shall provide for examinations upon any and all
     4  subjects deemed proper or necessary by said boards for the
     5  purpose of determining their qualifications for the position
     6  sought and applied for.
     7     (b)  Nothing in this act shall be construed as authorizing
     8  physical or psychological medical examinations prior to an
     9  appointment or conditional appointment in accordance with
    10  section 4406 of this act. As used in this section, the term
    11  "medical examination" shall mean any examination, procedure,
    12  inquiry or test designed to obtain information about medical
    13  history or a physical or mental defect or impairment.
    14     Section 2.  Section 4406 of the act, amended October 13, 1965
    15  (P.L.579, No.300), is amended to read:
    16     Section 4406.  Selection of Appointee from Certified List of
    17  Applicants.--Said boards shall make and keep, in numerical
    18  order, a list containing the names of all applicants for civil
    19  service positions in said city who may pass the required [mental
    20  and physical examinations.] examinations, including any required
    21  physical fitness or agility examinations that are job-related
    22  and consistent with business necessity. Where more than one
    23  person takes examinations for any of said positions at the same
    24  time, the names of all those successfully passing such
    25  examination shall be entered upon the list of eligible names in
    26  the order of their respective percentages, the highest coming
    27  first. The board shall furnish to council a certified copy of
    28  all lists so prepared and kept. Wherever any vacancy shall occur
    29  in any civil service position in said city, the city council
    30  shall make written application to the president of the proper
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     1  board, who shall forthwith certify to the city council, in
     2  writing, the three names on the list of applicants for such
     3  position having the highest percentage, but if there be less
     4  than three eligible names on such list, the board shall certify
     5  such name or names. Thereupon the director of the department in
     6  which such appointment is to be made shall nominate to the city
     7  council a person from the list submitted to fill such vacancy.
     8  If the city council approves such nomination, the person
     9  nominated shall be appointed by council to fill such vacancy,
    10  and shall be assigned for service in the department[.], subject
    11  to any physical or psychological medical examinations that may
    12  be required by the appropriate examining board as a condition of
    13  appointment. Medical examinations, if required, shall be
    14  conducted by a physician, psychiatrist or psychologist,
    15  appointed by council, who shall certify that the appointee is
    16  free from any physical or mental defects, deformities or
    17  diseases that might incapacitate the appointee from performance
    18  of service in the department. If the council does not approve
    19  such nomination, or if the appointee fails to pass any required
    20  medical examination, then the director of the department in
    21  which such appointment is to be made shall submit another
    22  nomination for such position from the remaining names, if any,
    23  and if such nomination is not approved by the council, or, if
    24  approved, the appointee fails to pass any required medical
    25  examination, he shall submit the third name, if any. The person
    26  whose nomination by the director is approved by the city council
    27  shall be appointed to fill such a position in the department or
    28  as building inspector. In all cases the boards may recommend
    29  those in the employ of a department for promotion in case the
    30  person recommended is competent for the higher position. The
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     1  name of the person so appointed shall be immediately stricken
     2  from the list of said board, and the names of the rejected
     3  persons shall immediately be restored to their proper place in
     4  said list: Provided, however, That if the name of any applicant
     5  has been submitted to the said council and been rejected three
     6  times or the applicant has failed any required medical
     7  examination, then such name shall be stricken from the eligible
     8  list. As used in this section, the term "medical examination"
     9  shall have the meaning given it in section 4404 of this act.
    10     Section 3.  Nothing contained in the amendment of sections
    11  4404 and 4406 of the act shall affect the validity of any civil
    12  services appointments made prior to the effective date of this
    13  section.
    14     Section 4.  This act shall take effect immediately.

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