HOUSE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY ROBBINS, ERICKSON, EICHELBERGER, STOUT AND WOZNIAK, JUNE 5, 2009

AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 10, 2010   

AN ACT

Amending the act of June 23, 1931 (P.L.932, No.317), entitled

"An act relating to cities of the third class; and amending,

revising, and consolidating the law relating thereto,"in

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civil service, further providing for rules and regulations

and examinations and for selection of appointee from a

certified list of applicants providing for physical and

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psychological medical examinations; further providing for

grading for discharged servicemen and for selection of

appointee; and providing for promotions of civil service

applicants.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of June 23, 1931 (P.L.932, No.317), known

as The Third Class City Code, reenacted and amended June 28,

1951 (P.L.662, No.164), is amended by adding a section to read:

Section 4404.1.  Physical and Psychological Medical

Examinations.--(a)  A board may require that an applicant

conditionally appointed in accordance with section 4406 of this

act undergo a physical or psychological medical examination as a

condition of permanent appointment. Physical medical

examinations, if required, shall be under the direction of a

physician or other qualified medical professional. Psychological

medical examinations, if required, shall be under the direction

of a psychiatrist or psychologist.

(b)  A physician, other qualified medical professional,

psychiatrist or psychologist shall be appointed by council and

shall render an opinion as to whether the conditional appointee

has a physical or mental condition which calls into question his

or her ability to perform all of the essential functions of the

position for which he or she was conditionally appointed.

(c)  If the opinion rendered by the physician, other

qualified medical professional, psychiatrist or psychologist 

calls into question the conditional appointee's ability to

perform all essential functions of a position, the director of

the department within which the position is to be filled shall

meet with the conditional appointee for the purpose of having

one or more interactive discussions focused on the issue of

whether the conditional appointee can, with or without

reasonable accommodation, perform all the essential functions of

the position.

(d)  If, at the conclusion of the interactive discussion

process, the department director determines that the conditional

appointee is not qualified, the department director shall give

written notice to the conditional appointee and the board.

(e)  Nothing in this act shall be construed as authorizing

physical or psychological medical examinations prior to

conditional appointment in accordance with section 4406 of this

act.

(f)  As used in this section, the following definitions shall

apply:

"Medical examination" shall mean any examination, procedure,

inquiry or test designed to obtain information about medical

history or a physical or mental condition which might disqualify

an applicant if it would prevent the applicant from performing,

with or without reasonable accommodation, all of the essential

functions of the position.

"Physician" shall have the meaning given to it in 1 Pa.C.S. §

1991 (relating to definitions).

"Qualified medical professional" shall mean an individual, in

collaboration with or under the supervision or direction of a

physician, as may be required by law, who is licensed:

(1)  as a physician assistant pursuant to the act of December

20, 1985 (P.L.457, No.112), known as the "Medical Practice Act

of 1985," or the act of October 5, 1978 (P.L.1109, No.261),

known as the "Osteopathic Medical Practice Act"; or

(2)  as a certified registered nurse practitioner pursuant to

the act of May 22, 1951 (P.L.317, No.69), known as "The

Professional Nursing Law."

Section 2.  Section 4405 of the act is amended to read:

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Section 4405.  Grading for Discharged Servicemen.--When any

person who was engaged in the military service of the United

States during any military engagement in which the United States

participated, and has an honorable discharge therefrom, shall

take any examination for appointment [or promotion], his

examination shall be marked or graded in the same manner as

provided for all other examinations. When the examination of any

such person is completed and graded, if the grade is passing,

then such grading or percentage as the examination merits shall

be increased by fifteen per centum, and such total mark or grade

shall represent the final grade or classification of such person

and shall determine his or her order of standing on the eligible

list. For the purpose of this article, the military service

means the army, navy, marines, air force, coast guard, and any

branch or unit thereof; and servicemen means the members

thereof, including women; and military engagement includes land,

naval and air engagements.

Section 2 3.  Section 4406 of the act, amended October 13,

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1965 (P.L.579, No.300), is amended to read:

Section 4406.  Selection of Appointee from Certified List of

Applicants.--[Said] The boards shall make and keep, in numerical

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order, a list containing the names of all applicants for civil

service positions in said city who may pass the required [mental

and physical examinations.] examinations, including any required

physical fitness or agility examinations that are job-related

and consistent with business necessity. Where more than one

person takes examinations for any of said positions at the same

time, the names of all those successfully passing such

examination shall be entered upon the list of eligible names in

the order of their respective percentages, the highest coming

first. The board shall furnish to council a certified copy of

all lists so prepared and kept. Wherever any vacancy shall occur

in any civil service position in said city, the city council

shall make written application to the president of the proper

board, who shall forthwith certify to the city council, in

writing, the three names on the list of applicants for such

position having the highest percentage, but if there be less

than three eligible names on such list, the board shall certify

such name or names. Thereupon the director of the department in

which such appointment is to be made shall nominate to the city

council a person from the list submitted to fill such vacancy.

If the city council approves such nomination, the person

nominated shall be conditionally appointed by council to fill

such vacancy, and shall be assigned for service in the

department[.], subject to any physical or psychological medical

examinations that may be required by the appropriate examining

board as a condition of permanent appointment in accordance with

section 4404.1 of this act. If the council does not approve such

nomination, or if the appointee is determined by the medical

examination process to be unqualified, then the director of the

department in which such appointment is to be made shall submit

another nomination for such position from the remaining names,

if any, and if such nomination is not approved by the council,

or if the appointee is determined by the medical examination

process to be unqualified, he shall submit the third name, if

any. The person whose nomination by the director is approved by

the city council shall be appointed to fill such a position in

the department or as building inspector. [In all cases the

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boards may recommend those in the employ of a department for

promotion in case the person recommended is competent for the

higher position.] The name of the person so appointed shall be

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immediately stricken from the list of said board, and the names

of the rejected persons shall immediately be restored to their

proper place in said list: Provided, however, That if the name

of any applicant has been submitted to the said council and been

rejected three times or the appointee has been determined by the

medical examination process to be unqualified, then such name

shall be stricken from the eligible list. Examinations for

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promotions for civil service positions in the city shall be

pursuant to section 4406.1. As used in this section, the term

"medical examination" shall have the meaning given it in section

4404.1 of this act.

Section 4.  The act is amended by adding a section to read:

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Section 4406.1.  Promotions.--The civil service boards may

recommend those in the employ of a department for promotion in

case the person recommended is competent for the higher

position. If the promotion will be by examination, the city

council shall notify the applicable civil service board of any

civil service vacancy in the city pursuant to this article which

is to be filled by promotion and shall request the certification

of a list of eligibles. The board shall certify for each

existing vacancy, from the eligible list, the names of three

persons on the list who have received the highest average in the

last preceding promotional examination held within a period of

two years next preceding the date of the request for eligibles.

If three names are not available, the board shall certify the

names remaining on the list. The city council shall then, with

sole reference to the merits and fitness of the candidates, make

an appointment from the names certified unless the city council

makes objections to the board as to one or more of the persons

certified.

The city council shall have power to determine in each

instance whether an increase in salary shall constitute a

promotion.

Section 3.  Nothing 5.  The following shall apply:

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(1)  Nothing contained in the addition of section 4404.1

of the act or the amendment of section 4406 of the act shall

affect the validity of any civil service appointments made

prior to the effective date of this section.

(2)  Nothing contained in this act shall affect the

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validity of any civil service promotions made prior to the

effective date of this section.

Section 4 6.  This act shall take effect immediately.

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