| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 1885, 2063, 3166 | PRINTER'S NO. 4286 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY MILLARD, FREEMAN, KESSLER, GRUCELA, ROSS, GINGRICH AND CALTAGIRONE, MAY 26, 2009 |
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| SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, SEPTEMBER 21, 2010 |
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| AN ACT |
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1 | Amending the act of June 5, 1941 (P.L.84, No.45), entitled "An |
2 | act providing for and regulating the appointment, promotion |
3 | and reduction in rank, suspension and removal of paid members |
4 | of the police force in boroughs, incorporated towns and |
5 | townships of the first class maintaining a police force of |
6 | not less than three members; creating a civil service |
7 | commission in each borough, incorporated town and township of |
8 | the first class; defining the duties of such civil service |
9 | commission; imposing certain duties and expense on boroughs, |
10 | incorporated towns and townships of the first class; imposing |
11 | penalties, and repealing inconsistent laws," further |
12 | providing for general provisions relating to examinations, |
13 | for rejection of applicant and hearing, for manner of filling |
14 | appointments, for probationary period, for promotions and for | <-- |
15 | physical examinations. |
16 | The General Assembly of the Commonwealth of Pennsylvania |
17 | hereby enacts as follows: |
18 | Section 1. Section 11 of the act of June 5, 1941 (P.L.84, |
19 | No.45), entitled "An act providing for and regulating the |
20 | appointment, promotion and reduction in rank, suspension and |
21 | removal of paid members of the police force in boroughs, |
22 | incorporated towns and townships of the first class maintaining |
23 | a police force of not less than three members; creating a civil |
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1 | service commission in each borough, incorporated town and |
2 | township of the first class; defining the duties of such civil |
3 | service commission; imposing certain duties and expense on |
4 | boroughs, incorporated towns and townships of the first class; |
5 | imposing penalties, and repealing inconsistent laws," amended |
6 | October 17, 1980 (P.L.1080, No.181), is amended to read: |
7 | Section 11. General Provisions Relating to Examinations.-- |
8 | (a) Each commission shall make rules and regulations, to be |
9 | approved as provided in section 6 hereof, providing for the |
10 | examination of applicants for positions in the police force and |
11 | for promotions therein, which rules and regulations shall |
12 | prescribe the minimum qualifications of all applicants to be |
13 | examined and the passing grades. All examinations for positions |
14 | or promotions in the police force of any municipality shall be |
15 | practical in character and shall relate to such matters and |
16 | include such inquiries as will fairly test the merit and fitness |
17 | of the persons examined to discharge the duties of the |
18 | employment sought by them. All examinations shall be open to all |
19 | applicants who have the minimum qualifications required by the |
20 | rules and regulations. Each applicant for examination shall: |
21 | (1) be subject to the regulations adopted by the commission |
22 | [and shall be required to submit to a physical examination]; |
23 | (2) either before or after [being admitted to the regular |
24 | examination held by the commission.] 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 19 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 | eligibility list containing the names and grades of those who |
10 | have passed the examination for a position under this act. | <-- |
11 | [Persons, male or female, who served in the military or naval |
12 | service of the United States during any war in which the United |
13 | States has been, is now or shall hereafter be engaged, and who |
14 | have honorable discharges from such service, who have |
15 | successfully passed the examination, shall be given the |
16 | additional credits and preference in appointment and promotion |
17 | provided for by any law of this Commonwealth.] |
18 | Section 2. Sections 13, 14 and 16, 16 and 18 of the act are | <-- |
19 | amended to 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 as eligible anyone who |
23 | is found to lack any of the minimum qualifications for |
24 | examination prescribed in the rules and regulations adopted for |
25 | the position or employment for which he has applied, or who is |
26 | physically [disabled and] unfit for the performance of the |
27 | duties of the position to which he seeks employment, or [who is |
28 | addicted to the habitual use of intoxicating liquors or drugs] |
29 | who is illegally using a controlled substance, as defined in |
30 | section 102 of the Controlled Substances Act (Public Law 91-513, |
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1 | 21 U.S.C. § 802), or who has been guilty of any crime involving |
2 | moral turpitude or of infamous or notorious disgraceful conduct, |
3 | or who has been dismissed from public service for delinquency or |
4 | misconduct in office, or who is affiliated with any group whose |
5 | policies or activities are subversive to the form of government |
6 | set forth in the constitutions and laws of the United States and |
7 | Pennsylvania. |
8 | (b) If any applicant or person [feels himself] is aggrieved | <-- |
9 | by [the action] refusal of the commission [in refusing] to | <-- |
10 | examine [him or to certify him] or certify the applicant as | <-- |
11 | eligible after examination, the commission shall, at the request | <-- |
12 | of [such person] the applicant, within ten (10) days, appoint a | <-- |
13 | time and place [where he may appear personally and by counsel, | <-- |
14 | whereupon] for a public hearing, with or without counsel, at | <-- |
15 | which time the commission shall [then] take testimony and review | <-- |
16 | its refusal to [make such] provide examination or certification | <-- |
17 | [and take such testimony as may be offered]. The decision of the | <-- |
18 | commission shall be final. |
19 | Section 14. Eligibility List and Manner of Filling |
20 | Appointments.--(a) At the completion of the testing process, |
21 | including any background, physical agility or other |
22 | examinations, with the exception of physical and psychological |
23 | medical examinations pursuant to section 19 of this act, the |
24 | commission shall rank the candidates who have satisfied the |
25 | minimum requirements for appointment on an eligibility list. The |
26 | eligibility list shall contain the names of individuals eligible |
27 | for appointment listed from highest to lowest based on their |
28 | scores on the examinations administered by the commission and |
29 | any points for which the applicant was entitled by virtue of 51 |
30 | Pa.C.S. Ch. 71 (relating to veterans' preference). The |
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1 | eligibility list shall be valid for one year from the date the |
2 | commission ranks all passing applicants, assigns veterans' |
3 | preference points and formally adopts the eligibility list. The | <-- |
4 | commission may, at its sole discretion before the original |
5 | expiration date, by a vote of the majority of the commission at |
6 | a duly authorized commission meeting, extend the Prior to | <-- |
7 | expiration of the one-year period, the commission may extend the |
8 | validity of the eligibility list for up to an additional twelve |
9 | months by a majority vote of the commission at a duly authorized | <-- |
10 | commission meeting. In the absence of a lawful extension by the |
11 | commission, the list shall expire at the end of the original | <-- |
12 | one-year period. |
13 | (b) Every position or employment, except that of chief of |
14 | police or equivalent official, unless filled by promotion, |
15 | reinstatement or reduction shall be filled only in the following |
16 | manner: the appointing officer or body of the municipality shall |
17 | notify the commission of any vacancy in the police force which |
18 | is to be filled and shall request the certification of [a list | <-- |
19 | of eligibles] an eligibility list. The commission shall certify | <-- |
20 | [for each existing vacancy from the eligible list] the names of | <-- |
21 | the three persons [thereon] on the eligibility list who have | <-- |
22 | received the highest average in the last preceding examination |
23 | [held within a period of one year next preceding the date of the |
24 | request for such eligibles] for each vacancy. The appointing | <-- |
25 | officer or body shall [thereupon with sole reference to the | <-- |
26 | merits and fitness of the candidates] make [an] a conditional | <-- |
27 | appointment from the three names certified, based solely on the | <-- |
28 | merits and fitness of the candidates, unless [he or they make | <-- |
29 | objections] the appointing officer or body makes an objection to | <-- |
30 | the commission [as to] regarding one or more of the persons [so | <-- |
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1 | certified] on the eligibility list for any of the reasons | <-- |
2 | [stated in] provided under section 13 of this act. Should [such | <-- |
3 | objections] an objection be sustained by the commission as | <-- |
4 | provided in [said] section 13 of this act, or if the conditional | <-- |
5 | appointee is determined to be unqualified in accordance with the |
6 | procedures set forth in section 19 of this act, the commission |
7 | shall [thereupon] strike the name of [such] the person from the | <-- |
8 | [eligible] eligibility list and certify the next highest name | <-- |
9 | for each name stricken [off] from the eligibility list. As each | <-- |
10 | subsequent vacancy occurs in the same or another position |
11 | precisely the same procedure shall be followed. |
12 | (c) In the case of a vacancy in the office of chief of |
13 | police or equivalent official the appointive power may nominate |
14 | a person to the commission. It shall thereupon become the duty |
15 | of the commission to subject such person to a noncompetitive |
16 | examination, and, if such person shall be certified by the |
17 | commission as qualified, he may then be appointed to such |
18 | position and thereafter shall be subject to all the provisions |
19 | of this act. |
20 | Section 16. Probationary Period.--All original appointments |
21 | to any position in the police force shall be for a probationary |
22 | period of six months, but during the probationary period an |
23 | appointee may be dismissed only for a cause specified in section |
24 | 13 of this act or because of incapacity for duty due to the use |
25 | of alcohol or drugs. If at the close of a probationary period |
26 | the conduct or fitness of the probationer has not been |
27 | satisfactory to the appointing officer or body the probationer |
28 | shall be notified in writing that he will not receive a |
29 | permanent appointment[. Thereupon his], and the appointment | <-- |
30 | shall cease[; otherwise]. If the probationer is not notified or | <-- |
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1 | dismissed in accordance with this section, his retention shall |
2 | be equivalent to a permanent appointment. |
3 | Section 18. Promotions.--Promotions shall be based on merits | <-- |
4 | to be ascertained by examinations to be prescribed by the |
5 | commission. All questions relative to promotions shall be |
6 | practical in character and such as will fairly test the merit |
7 | and fitness of persons seeking promotion. The appointing officer |
8 | or body shall notify the commission of a vacancy in the police |
9 | force which is to be filled by promotion and shall request the |
10 | certification of an eligibility list. The commission shall |
11 | certify for each existing vacancy the names of three persons on |
12 | the eligibility list who have received the highest average in |
13 | the last preceding promotional examination held within a period |
14 | of two years next preceding the date of the request for the |
15 | eligibility list for each vacancy. If three names are not |
16 | available, the commission shall certify the names remaining on |
17 | the eligibility list. The appointing officer or body shall make |
18 | an appointment from the names certified based solely on the |
19 | merits and fitness of the candidates unless the appointing |
20 | officer or body makes objections to the commission regarding one |
21 | or more of the persons certified for any reason provided in |
22 | section 13 of this act. |
23 | The appointing officer or body shall have power to determine |
24 | in each instance whether an increase in salary shall constitute |
25 | a promotion. |
26 | Section 3. Section 19 of the act, amended October 17, 1980 |
27 | (P.L.1080, No.181), is amended to read: |
28 | Section 19. Physical and Psychological Medical |
29 | Examinations.--[All applicants for examination shall undergo a |
30 | physical examination as provided in section 11 which shall be |
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1 | conducted under the supervision of a doctor of medicine |
2 | appointed by the civil service commission. No person shall be |
3 | eligible for appointment until said doctor certifies that the |
4 | applicant is free from any bodily or mental defects, deformity, |
5 | or disease that might incapacitate him from the discharge of the |
6 | duties of the position desired.] (a) An applicant selected from |
7 | the eligibility list shall receive a conditional offer of |
8 | employment. The offer of employment shall be conditioned upon |
9 | the conditional appointee undergoing a physical and |
10 | psychological medical examination and a determination that the |
11 | conditional appointee is capable of performing all the essential |
12 | functions of the position. Physical medical examinations shall |
13 | be under the direction of a physician or other qualified medical |
14 | professional. Psychological medical examinations shall be under |
15 | the direction of a psychiatrist or psychologist. |
16 | (b) The physician or other qualified medical professional |
17 | and the psychiatrist or psychologist shall be appointed by |
18 | council and shall render an opinion as to whether the |
19 | conditional appointee has a physical or mental condition which |
20 | calls into question his or her the person's ability to perform | <-- |
21 | all of the essential functions of the position for which he or | <-- |
22 | she the person was conditionally appointed. | <-- |
23 | (c) If the opinion rendered by the medical examiner | <-- |
24 | physician, other qualified medical professional, psychiatrist or | <-- |
25 | psychologist calls into question the conditional appointee's |
26 | ability to perform all essential functions of a position, a |
27 | person or persons designated by the appointing officer or body | <-- |
28 | shall meet with the conditional appointee for the purpose of |
29 | having one or more interactive discussions focused on the issue | <-- |
30 | of on whether the conditional appointee can, with or without | <-- |
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1 | reasonable accommodation, perform all the essential functions of |
2 | the position. |
3 | (d) If, at the conclusion of the interactive discussion |
4 | process under subsection (c), the appointing officer or body | <-- |
5 | determines that the conditional appointee is not qualified, the |
6 | appointing officer or body shall give written notice to the |
7 | conditional appointee and the commission. |
8 | (e) Nothing in this act shall be construed as authorizing to | <-- |
9 | authorize physical or psychological medical examinations prior |
10 | to conditional appointment. |
11 | (f) As used in this section, the term "medical the following | <-- |
12 | definitions shall apply: |
13 | "Medical examination" shall mean an examination, procedure, |
14 | inquiry or test designed to obtain information about medical |
15 | history or a physical or mental condition which might disqualify |
16 | an applicant if it would prevent the applicant from performing, |
17 | with or without a reasonable accommodation, all of the essential |
18 | functions of the position. |
19 | "Physician" shall have the meaning given to it in 1 Pa.C.S. § | <-- |
20 | 1991 (relating to definitions). |
21 | "Qualified medical professional" shall mean an individual, in |
22 | collaboration with or under the supervision or direction of a |
23 | physician, as may be required by law, who is licensed: |
24 | (1) as a physician assistant pursuant to the act of December |
25 | 20, 1985 (P.L.457, No.112), known as the "Medical Practice Act |
26 | of 1985," or the act of October 5, 1978 (P.L.1109, No.261), |
27 | known as the "Osteopathic Medical Practice Act"; or |
28 | (2) as a certified registered nurse practitioner pursuant to |
29 | the act of May 22, 1951 (P.L.317, No.69), known as "The |
30 | Professional Nursing Law." |
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1 | Section 4. Nothing contained in the amendment of section 11, |
2 | 13, 14, 16, 18 or 19 of the act shall affect the validity of any | <-- |
3 | civil service appointment appointments or promotions made prior | <-- |
4 | to the effective date of this section. |
5 | Section 5. This act shall take effect immediately. |
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