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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY BARRAR, AUMENT, BOBACK, BRENNAN, CALTAGIRONE, CAUSER, DONATUCCI, EVERETT, FARRY, GEIST, GILLEN, GINGRICH, GOODMAN, GRELL, GROVE, HARRIS, HORNAMAN, JOHNSON, M. K. KELLER, KILLION, KOTIK, MAHONEY, MARSICO, METCALFE, MICOZZIE, MILLARD, MIRABITO, MURPHY, MURT, PYLE, QUINN, REICHLEY, STEVENSON, TALLMAN AND VULAKOVICH, MARCH 17, 2011 |
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| REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 17, 2011 |
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| AN ACT |
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1 | Amending the act of August 5, 1941 (P.L.752, No.286), entitled |
2 | "An act regulating and improving the civil service of certain |
3 | departments and agencies of the Commonwealth; vesting in the |
4 | State Civil Service Commission and a Personnel Director |
5 | certain powers and duties; providing for classification of |
6 | positions, adoption of compensation schedules and |
7 | certification of payrolls; imposing duties upon certain |
8 | officers and employes of the Commonwealth; authorizing |
9 | service to other State departments or agencies and political |
10 | subdivisions of the Commonwealth in matters relating to civil |
11 | service; defining certain crimes and misdemeanors; imposing |
12 | penalties; making certain appropriations, and repealing |
13 | certain acts and parts thereof," further providing for |
14 | examinations requisite for appointment and promotion, for |
15 | certification and for selection and appointment of eligibles. |
16 | The General Assembly of the Commonwealth of Pennsylvania |
17 | hereby enacts as follows: |
18 | Section 1. Section 501 of the act of August 5, 1941 |
19 | (P.L.752, No.286), known as the Civil Service Act, amended June |
20 | 28, 2004 (P.L.461, No.50), is amended to read: |
21 | Section 501. Examinations Requisite for Appointment and |
22 | Promotion.--(a) Except as otherwise provided in this act, |
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1 | appointments of persons entering the classified service or |
2 | promoted therein shall be from eligible lists established as the |
3 | result of examinations given by the director to determine the |
4 | relative merit and qualification of candidates. Such |
5 | examinations may be written and shall be competitive and open to |
6 | all persons who may be lawfully appointed to positions within |
7 | the classes for which the examinations are held, except that |
8 | persons in unskilled positions shall enter the classified |
9 | service by promotion without examination provided: (1) such |
10 | promotion is into a classified position immediately above the |
11 | person's own position; (2) such promotion is based on seniority |
12 | and meritorious service; (3) the person meets the minimum |
13 | requirements for that position; and (4) the person |
14 | satisfactorily completes a six month probationary period in the |
15 | classified position. If no persons in such unskilled positions |
16 | meet the preceding requirements, the vacant position may be |
17 | filled pursuant to Article V. |
18 | (b) Persons applying for positions or promotions in the |
19 | classified service shall be residents of the Commonwealth or |
20 | former residents of the Commonwealth who meet the requirements |
21 | of this subsection, and where applicable to the administrative |
22 | district. Former residents of the Commonwealth must have |
23 | relocated out of State for academic or employment purposes, |
24 | shall plan to establish Commonwealth residency within six months |
25 | of beginning employment in the classified service and must have: |
26 | (1) graduated from a public, private or nonpublic secondary |
27 | school in the Commonwealth or satisfied the requirements of |
28 | sections 1327 and 1327.1 of the act of March 10, 1949 (P.L.30, |
29 | No.14), known as the "Public School Code of 1949," within five |
30 | years of applying for a position in the classified service; (2) |
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1 | satisfied the requirements of sections 1327 and 1327.1 of the |
2 | "Public School Code of 1949" or attended a public, private or |
3 | nonpublic school in the Commonwealth at least eighty percent of |
4 | the time while enrolled in grades one through twelve and |
5 | attended such school within five years of applying for a |
6 | position in the classified service; or (3) graduated or attended |
7 | a public, private or nonpublic secondary school in the |
8 | Commonwealth or satisfied the requirements of sections 1327 and |
9 | 1327.1 of the "Public School Code of 1949" and graduated from a |
10 | postsecondary institution in the Commonwealth within five years |
11 | of applying for a position in the classified service. |
12 | Notwithstanding any of the provisions of this act, whenever an |
13 | appointing authority finds a lack of a sufficient number of |
14 | qualified personnel available for appointment to any particular |
15 | class or classes of positions, the appointing authority may |
16 | present evidence thereof to the director who may waive the |
17 | residence requirements for such class or classes of positions. |
18 | (c) The director shall prepare the proper State and district |
19 | employment and promotion eligible lists: Provided, That after an |
20 | examination has been conducted for any class of positions, if |
21 | there is no person with such legal residence in any |
22 | administrative district, remaining on the register the director |
23 | shall certify and the appointing authority may make the |
24 | appointment or promotion from the names of persons on an |
25 | appropriate eligible list for the same class of positions of |
26 | other administrative districts. Limitations as to [age, sex,] |
27 | health, moral character, experience and other qualifications may |
28 | be specified in the rules of the commission and in the |
29 | announcements of the examinations. All applications for |
30 | positions in the classified service shall be subject to the |
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1 | penalties of 18 Pa.C.S. § 4904 (relating to unsworn |
2 | falsification to authorities). |
3 | (d) The commission may limit competition in promotion |
4 | examinations to employes in the classified service who have |
5 | completed their probationary period in a class or classes |
6 | designated in the public notice of the examinations, and may |
7 | permit promotions to be accomplished by any one of the following |
8 | plans: (1) by appointment from open competitive lists; or (2) by |
9 | achieving a place on an eligible list after a promotional |
10 | examination, such examination having been given at the request |
11 | of the appointing authority; or (3) by promotion based upon |
12 | meritorious service and seniority to be accomplished by |
13 | appointment without examination, if the person has completed the |
14 | probationary period in the next lower position and meets the |
15 | minimum requirements for the higher position. |
16 | (e) To the extent permitted by law, when all applicants for |
17 | appointment or promotion to a position in the classified service |
18 | are equally qualified, preference will be shown to applicants |
19 | who are United States citizens over those who are not. |
20 | Section 2. Sections 601 and 602 of the act, amended November |
21 | 27, 2002 (P.L.1129, No.140), are amended to read: |
22 | Section 601. Certification.--(a) Whenever a vacancy [is |
23 | likely to occur or] is to be filled in the classified service, |
24 | the appointing authority shall submit to the director a |
25 | statement indicating the position to be filled. Unless the |
26 | appointing authority elects to follow one of the alternative |
27 | procedures provided for in this act, or unless there is in |
28 | existence a labor agreement covering promotions in the |
29 | classified service, in which case the terms and procedures of |
30 | such labor agreement relative to the procedures for promotions |
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1 | shall be controlling, the director shall certify to the |
2 | appointing authority the names of the three eligibles who are |
3 | highest on the appropriate promotion list or employment list, |
4 | whichever is in existence, or from the one, which under the |
5 | rules of the commission, has priority. |
6 | (b) If the appropriate employment or promotion certification |
7 | of eligibles contains fewer than three eligibles who are willing |
8 | to accept appointment or if there is no appropriate eligible |
9 | list, the appointing authority may appoint an available eligible |
10 | from the approved list or request the director to certify from |
11 | such other list or lists as the director deems the next most |
12 | nearly appropriate. If operational conditions of the appointing |
13 | authority [so dictate and it is found] dictate it to be in the |
14 | interest of the service to the Commonwealth, the commission may |
15 | authorize selective certifications based on standards to be |
16 | prescribed by the commission. Any person on any promotion or |
17 | employment list who waives consideration for promotion or |
18 | appointment need not be considered among the names from which a |
19 | promotion or appointment is to be made. |
20 | Section 602. Selection and Appointment of Eligibles.--[If a |
21 | vacant position is to be filled, an] (a) An appointing |
22 | authority may request the director to issue an appropriate |
23 | certification of eligibles to fill a vacant position unless a |
24 | labor agreement contains promotion procedures which are |
25 | inconsistent with this act, in which case the terms of such |
26 | labor agreement shall be controlling. The certification of |
27 | eligibles shall be valid for sixty work days. |
28 | (b) If the vacant position is to be filled from an |
29 | employment or promotion list, the appointing authority shall |
30 | select a person who is among the three highest ranking available |
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1 | persons on the certification of eligibles. In making the second, |
2 | third or any additional selection from the eligibles on an |
3 | employment or promotional certification, each selection shall be |
4 | from among the three highest scoring available persons remaining |
5 | on such certification of eligibles. After a person has been |
6 | rejected three times by an appointing authority in favor of |
7 | others on the same eligible list, such person shall not again be |
8 | certified to that appointing authority, except upon written |
9 | request from the appointing authority. |
10 | (c) Appointing authorities shall promptly report to the |
11 | director the appointment of certified eligibles [who have been |
12 | certified]. If a certified eligible refuses to accept an offer |
13 | of employment, such refusal shall be promptly investigated by |
14 | the director and, if it be found that the refusal has been made |
15 | for improper or insufficient reasons, the director shall after |
16 | giving ten days' notice to such person remove the eligible from |
17 | the list. |
18 | (d) Whenever an appointing authority utilizes multiple lists |
19 | of certified eligibles or alternative procedures to fill a |
20 | vacancy, the following shall apply: |
21 | (1) Any list certified or furnished to the appointing |
22 | authority to fill a vacancy shall be used. |
23 | (2) When utilizing multiple lists, the appointing authority |
24 | shall select from among the three highest ranking available |
25 | persons. |
26 | (3) If a veteran appears on any list and at any time is |
27 | among the three highest ranking available persons, the |
28 | appointing authority shall select that person. |
29 | (e) Persons applying for positions or promotions in the |
30 | classified service may only be disqualified from application, |
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1 | certification or appointment or promotion for the following |
2 | reasons based on a preponderance of evidence: |
3 | (1) The person is addicted to the use of narcotics or |
4 | intoxicating beverages when the addiction renders the applicant |
5 | unable to competently perform the duties of the position sought. |
6 | (2) The person has been found guilty of crime or of conduct |
7 | which renders the person unfit for the position sought. |
8 | (3) The person has been dismissed from employment for |
9 | incompetency or misconduct and the incompetency or misconduct |
10 | renders the person unfit for the position sought. |
11 | (4) The person has a physical or mental disability which |
12 | renders the applicant unable to perform the essential functions |
13 | of the position and responsibilities with or without reasonable |
14 | accommodation. |
15 | (5) The person has made a false statement or omitted a |
16 | material fact, or practiced or attempted to practice deception |
17 | or fraud in application, examination, in securing eligibility or |
18 | seeking appointment. |
19 | (f) (1) An appointing authority may only conduct interviews |
20 | of the highest ranking available persons on the certified or |
21 | furnished list for appointment or promotion. |
22 | (2) An appointing authority shall take every step necessary |
23 | to ensure that all available eligibles ranked highest on a |
24 | certified or furnished list are afforded an opportunity to be |
25 | interviewed to fill a vacancy. |
26 | Section 3. This act shall take effect immediately. |
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