| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 1882, 2061 | PRINTER'S NO. 3163 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY ROSS, KESSLER, GRUCELA, GINGRICH, FREEMAN AND CALTAGIRONE, MAY 26, 2009 |
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| SENATOR EICHELBERGER, LOCAL GOVERNMENT, IN SENATE, AS AMENDED, FEBRUARY 2, 2010 |
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| AN ACT |
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1 | Amending the act of June 24, 1931 (P.L.1206, No.331), entitled |
2 | "An act concerning townships of the first class; amending, |
3 | revising, consolidating, and changing the law relating |
4 | thereto," further providing for general provisions relating |
5 | to examinations, for rejection of applicant and hearing, for |
6 | manner of filling appointments, for probation period and for |
7 | physical examinations. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Section 635 of the act of June 24, 1931 |
11 | (P.L.1206, No.331), known as The First Class Township Code, |
12 | reenacted and amended May 27, 1949 (P.L.1955, No.569) and |
13 | amended December 4, 1980 (P.L.1101, No.188), is amended to read: |
14 | Section 635. General Provisions Relating to Examinations.-- |
15 | (a) The commission shall make rules and regulations to be |
16 | approved as provided in section 630 hereof, providing for the |
17 | examination of applicants for positions in the police force and |
18 | as paid operators of fire apparatus and for promotions, which |
19 | rules and regulations shall prescribe the minimum qualifications |
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1 | of all applicants to be examined and the passing grades. All |
2 | examinations for positions or promotions shall be practical in |
3 | character and shall relate to such matters and include such |
4 | inquiries as will fairly test the merit and fitness of the |
5 | persons examined to discharge the duties of the employment |
6 | sought by them. All examinations shall be open to all applicants |
7 | who have the minimum qualifications required by the rules and |
8 | regulations. Each applicant for examination shall: |
9 | (1) be subject to the regulations adopted by the commission |
10 | [and shall be required to submit to a physical examination]; |
11 | (2) either before or after being admitted to the regular |
12 | examination held by the commission, be required to submit to a |
13 | physical fitness or agility examination that is job-related and |
14 | consistent with business necessity; and |
15 | (3) if made a conditional offer of employment, be given a |
16 | physical and psychological medical examination in accordance |
17 | with section 643 of this act. |
18 | (b) Public notice of the time and place of every |
19 | examination, together with the information as to the kind of |
20 | position or place to be filled, shall be given by publication |
21 | once in a newspaper of general circulation in the township or in |
22 | a newspaper circulating generally in the township at least two |
23 | weeks prior to each examination, and a copy of the notice shall |
24 | be prominently posted in the office of the commission or other |
25 | public place. |
26 | (c) The commission shall post in its office the eligible |
27 | list containing the names and grades of those who have passed |
28 | the examination. Persons male or female who served in the |
29 | military or naval service of the United States during any war in |
30 | which the United States has been, is now, or shall hereafter be |
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1 | engaged and who have honorable discharges from such service, who |
2 | have successfully passed the examination, shall be given the |
3 | additional credits and preference in appointment and promotion |
4 | provided for by law. |
5 | Section 2. Section 637 of the act is amended to read: |
6 | Section 637. Rejection of Applicant; Hearing.--(a) The |
7 | commission may refuse to examine or, if examined, may refuse to |
8 | certify after examination as eligible, any applicant who is |
9 | found to lack any of the minimum qualifications for examination |
10 | prescribed in the rules and regulations adopted for the position |
11 | or employment for which he has applied, or who is physically |
12 | [disabled and] unfit for the performance of the duties of the |
13 | position to which he seeks employment, or who is [addicted to |
14 | the habitual use of intoxicating liquors or narcotic drugs] |
15 | illegally using a controlled substance, as defined in section |
16 | 102 of the Controlled Substances Act (Public Law 91-513, 21 |
17 | U.S.C. § 802), or who has been guilty of any crime involving |
18 | moral turpitude or of infamous or notoriously disgraceful |
19 | conduct, or who has been dismissed from public service for |
20 | delinquency or misconduct in office, or who is affiliated with |
21 | any group whose politics or activities are subversive to the |
22 | form of government set forth in the Constitution and laws of the |
23 | United States and Pennsylvania. |
24 | (b) If any applicant or person feels himself aggrieved by |
25 | the action of the commission in refusing to examine him or to |
26 | certify him as eligible after examination, the commission shall, |
27 | at the request of such person, within ten (10) days appoint a |
28 | time and place where he may appear personally and by counsel. |
29 | Whereupon, the commission shall then review its refusal to make |
30 | such examination or certification and take such testimony as may |
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1 | be offered. The decision of the commission shall be final. |
2 | Section 3. Section 638 of the act, amended December 14, 1992 |
3 | (P.L.864, No.136), is amended to read: |
4 | Section 638. Manner of Filling Appointments.--(a) At the |
5 | completion of the testing process, including any background, |
6 | physical agility or other examinations, with the exception of |
7 | physical and psychological medical examinations pursuant to |
8 | section 643 of this act, the commission shall rank the |
9 | candidates who have satisfied the minimum requirements for |
10 | appointment on an eligibility list. The eligibility list shall |
11 | contain the names of individuals eligible for appointment listed |
12 | from highest to lowest based on their scores on the examinations |
13 | administered by the commission and any points for which the |
14 | applicant was entitled by virtue of 51 Pa.C.S. Ch. 71 (relating |
15 | to veterans' preference). The eligibility list will be valid for |
16 | one year from the date the commission ranks all passing |
17 | applicants, assigns veterans' preference points and formally |
18 | adopts the eligibility list. The commission may, at its sole |
19 | discretion before the original expiration date, by a vote of the |
20 | majority of the commission at a duly authorized commission |
21 | meeting, extend the list for up to an additional twelve months. |
22 | In the absence of a lawful extension by the commission, the list |
23 | shall expire. |
24 | (b) Every position or employment in the police force or as |
25 | paid operators of fire apparatus except that of chief of police |
26 | or chief of the fire department or equivalent shall be filled |
27 | only in the following manner: the township commissioners shall |
28 | notify the commission of any vacancy which is to be filled and |
29 | shall request the certification of a list of eligibles. The |
30 | commission shall certify for each existing vacancy from the |
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1 | eligible list the names of three persons thereon who have |
2 | received the highest average. The township commissioners shall, |
3 | thereupon, with sole reference to the merits and fitness of the |
4 | candidates, make [an] a conditional appointment from the three |
5 | names certified unless they make objections to the commission as |
6 | to one or more of the persons so certified for any of the |
7 | reasons stated in section 637 of this subdivision. Should such |
8 | objections be sustained by the commission, as provided in said |
9 | section, or if the conditional appointee is determined to be |
10 | unqualified in accordance with the procedures set forth in |
11 | section 643 of this act, the commission shall thereupon strike |
12 | the name of such person from the eligible list and certify the |
13 | next highest name for each name stricken off. As each subsequent |
14 | vacancy occurs in the same or another position, precisely the |
15 | same procedure shall be followed. |
16 | (c) A vacancy in an existing position in the police force or |
17 | as a paid operator of fire apparatus which occurs as a result of |
18 | retirement, resignation, disability or death may be filled by |
19 | the township commissioners by the reappointment or reinstatement |
20 | of a former employe of the police force or fire department who |
21 | had previously complied with the provisions of this section. No |
22 | examination, other than a physical examination as directed by |
23 | the Civil Service Commission, shall be required in a case of |
24 | reappointment or reinstatement to the force or department with |
25 | which the employe previously served, except at the discretion of |
26 | the township commissioners or as otherwise required by law. |
27 | (d) In the case of a vacancy in the office of chief of |
28 | police or chief of the fire department or equivalent official, |
29 | the township commissioners may nominate a person to the |
30 | commission. It shall thereupon become the duty of the commission |
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1 | to subject such person to a non-competitive examination and if |
2 | such person shall be certified by the commission as qualified he |
3 | may then be appointed to such position and thereafter shall be |
4 | subject to all the provisions of this subdivision. |
5 | Section 4. Section 640 of the act, amended May 17, 1972 |
6 | (P.L.293, No.72), is amended to read: |
7 | Section 640. Probation Period.--All original appointments to |
8 | any position in the police force or as paid operators of fire |
9 | apparatus shall be for a probationary period of not less than |
10 | six months and not more than one year, but during the |
11 | probationary period an appointee may be dismissed only for a |
12 | cause specified in [subdivision 637 of this subsection.] section |
13 | 637 of this act or because of incapacity for duty due to the use |
14 | of alcohol or drugs. If at the close of a probationary period |
15 | the conduct or fitness of the probationer has not been |
16 | satisfactory to the township commissioners, the probationer |
17 | shall be notified in writing that he will not receive a |
18 | permanent appointment. Thereupon, his appointment shall cease; |
19 | otherwise, his retention shall be equivalent to a permanent |
20 | appointment. |
21 | Section 5. Section 643 of the act, amended December 4, 1980 |
22 | (P.L.1101, No.188), is amended to read: |
23 | Section 643. Physical and Psychological Medical |
24 | Examinations.--[All applicants for examination shall undergo a |
25 | physical examination as provided in section 635 which shall be |
26 | conducted under the supervision of a doctor of medicine |
27 | appointed by the commission. No person shall be eligible for |
28 | appointment until said doctor certifies that the applicant is |
29 | free from any bodily or mental defects, deformity or disease |
30 | that might incapacitate him from the discharge of the duties of |
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1 | the position desired.] (a) An applicant selected from the |
2 | eligibility list shall receive a conditional offer of |
3 | employment. The offer of employment shall be conditioned upon |
4 | the conditional employee undergoing a physical and psychological |
5 | medical examination and a determination that the conditional |
6 | employee is capable of performing all the essential functions of |
7 | the position. Physical medical examinations shall be under the |
8 | direction of a physician or other qualified medical |
9 | professional. Psychological medical examinations shall be under |
10 | the direction of a psychiatrist or psychologist. |
11 | (b) The physician or other qualified medical professional |
12 | and the psychiatrist or psychologist shall be appointed by the |
13 | township commissioners and shall render an opinion as to whether |
14 | the conditional appointee has a physical or mental condition |
15 | which calls into question his or her ability to perform all of |
16 | the essential functions of the position for which he or she was |
17 | conditionally appointed. |
18 | (c) If the opinion rendered by the medical examiner | <-- |
19 | physician, other qualified medical professional, psychiatrist or | <-- |
20 | psychologist calls into question the conditional appointee's |
21 | ability to perform all essential functions of a position, a |
22 | person or persons designated by the township commissioners shall |
23 | meet with the conditional appointee for the purpose of having |
24 | one or more interactive discussions focused on the issue of |
25 | whether the conditional appointee can, with or without |
26 | reasonable accommodation, perform all the essential functions of |
27 | the position. |
28 | (d) If, at the conclusion of the interactive discussion |
29 | process, the township commissioners determine that the |
30 | conditional appointee is not qualified, the township |
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1 | commissioners shall give written notice to the conditional |
2 | appointee and the Civil Service Commission. |
3 | (e) Nothing in this act shall be construed as authorizing |
4 | physical or psychological medical examinations prior to |
5 | conditional appointment. |
6 | (f) As used in this section, the term "medical the following | <-- |
7 | definitions shall apply: |
8 | "Medical examination" shall mean any examination, procedure, |
9 | inquiry or test designed to obtain information about medical |
10 | history or a physical or mental condition which might disqualify |
11 | an applicant if it would prevent the applicant from performing, |
12 | with or without a reasonable accommodation, all of the essential |
13 | functions of the position. |
14 | "Physician" shall have the meaning given to it in 1 Pa.C.S. § | <-- |
15 | 1991 (relating to definitions). |
16 | "Qualified medical professional" shall mean an individual, in |
17 | collaboration with or under the supervision or direction of a |
18 | physician, as may be required by law, who is licensed: |
19 | (1) as a physician assistant pursuant to the act of December |
20 | 20, 1985 (P.L.457, No.112), known as the "Medical Practice Act |
21 | of 1985," or the act of October 5, 1978 (P.L.1109, No.261), |
22 | known as the "Osteopathic Medical Practice Act"; or |
23 | (2) as a certified registered nurse practitioner pursuant to |
24 | the act of May 22, 1951 (P.L.317, No.69), known as "The |
25 | Professional Nursing Law." |
26 | Section 6. Nothing contained in the amendment of sections |
27 | 635, 637, 638, 640 and 643 of the act shall affect the validity |
28 | of any civil services appointments made prior to the effective |
29 | date of this section. |
30 | Section 7. This act shall take effect immediately. |
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