PRINTER'S NO. 1593
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1154
Session of
2015
INTRODUCED BY VULAKOVICH, FOLMER, BAKER, ARGALL, BARTOLOTTA,
BLAKE, BOSCOLA, BREWSTER, DINNIMAN, EICHELBERGER, FARNESE,
FONTANA, GORDNER, HUTCHINSON, KITCHEN, LEACH, McGARRIGLE,
MENSCH, RAFFERTY, RESCHENTHALER, SCARNATI, SCAVELLO, SCHWANK,
TARTAGLIONE, VOGEL, WAGNER, WARD, WHITE, WOZNIAK, YAW AND
YUDICHAK, MARCH 9, 2016
REFERRED TO STATE GOVERNMENT, MARCH 9, 2016
AN ACT
Amending the act of August 5, 1941 (P.L.752, No.286), entitled
"An act regulating and improving the civil service of certain
departments and agencies of the Commonwealth; vesting in the
State Civil Service Commission and a Personnel Director
certain powers and duties; providing for classification of
positions, adoption of compensation schedules and
certification of payrolls; imposing duties upon certain
officers and employes of the Commonwealth; authorizing
service to other State departments or agencies and political
subdivisions of the Commonwealth in matters relating to civil
service; defining certain crimes and misdemeanors; imposing
penalties; making certain appropriations, and repealing
certain acts and parts thereof," in selection of employees
for entrance to or promotion in the classified service,
further providing for ratings of competitors; and, in
appointment and promotion of employees in the classified
service, further providing for certification and for
selection and appointment of eligibles.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 505 of the act of August 5, 1941
(P.L.752, No.286), known as the Civil Service Act, amended
August 27, 1963 (P.L.1257, No.520), is amended to read:
Section 505. Ratings of Competitors.--The final earned
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rating of a person competing in any examination shall be
attained by computing the ratings for each part or parts of the
examination, the qualifying point for which is set by the
director under the direction of the commission according to
weights for each test established by the director. The director
shall [send] provide notice by [mail] electronic mail or other
communication or method if available, or alternatively, by
United States mail to all competitors informing them whether
they have attained a place upon the list and informing those who
have attained a place upon the list of the number who took the
examination, the number on the list, and of their relative
standing upon the list.
Section 2. Sections 601 and 602 of the act, amended November
27, 2002 (P.L.1129, No.140), are amended to read:
Section 601. Certification.--Whenever a vacancy is likely to
occur or is to be filled in the classified service, the
appointing authority shall submit to the director a statement
indicating the position to be filled. Unless the appointing
authority elects to follow one of the alternative procedures
provided for in this act, or unless there is in existence a
labor agreement covering promotions in the classified service,
in which case the terms and procedures of such labor agreement
relative to the procedures for promotions shall be controlling,
the director shall certify to the appointing authority the names
of the three [eligibles who are highest on the appropriate
promotion list or employment list, whichever is in existence, or
from the one, which under the rules of the commission, has
priority.] highest ranking available persons on the
certification of eligibles unless the director has specified,
prior to testing the eligibles on the list, that either all
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available persons regardless of ranking or a specified
alternative number, other than three, of the highest ranking
available persons will be used in making selections for this
classification. If the appropriate employment or promotion
certification of eligibles contains fewer than three eligibles
who are willing to accept appointment or if there is no
appropriate eligible list, the appointing authority may appoint
an available eligible from the approved list or request the
director to certify from such other list or lists as the
director deems the next most nearly appropriate. If operational
conditions of the appointing authority so dictate and it is
found to be in the interest of the service to the Commonwealth,
the [commission] director may authorize selective certifications
based on [standards to be prescribed by the commission] merit-
related criteria. Any person on any promotion or employment list
who waives consideration for promotion or appointment need not
be considered among the names from which a promotion or
appointment is to be made.
Section 602. Selection and Appointment of Eligibles.--[If]
(a) Unless a labor agreement contains promotion procedures
which are inconsistent with this act, in which case the terms of
the labor agreement shall be controlling, if a vacant position
is to be filled, an appointing authority may:
(1) request the director to issue an appropriate
certification of previously tested and active eligibles [unless
a labor agreement contains promotion procedures which are
inconsistent with this act, in which case the terms of such
labor agreement shall be controlling.]; or
(2) request the director to create and issue a certification
of eligibles consisting only of the names of those candidates
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who responded by applying for the vacancy after receipt of
notice of the vacancy from the commission, provided the director
approves the use of this alternative selection procedure to fill
the vacancy. The failure of a candidate to apply for the vacancy
shall be considered a waiver under section 601.
(b) The certification of eligibles created and issued under
this section shall be valid for [sixty] ninety work days. If the
vacant position is to be filled from an employment or promotion
list, the appointing authority shall select a person who is
among the three highest ranking available persons on the
certification of eligibles[.], unless the director has
specified, prior to testing the eligibles on the list, that
either all available persons regardless of ranking or a
specified alternative number other than three of the highest
ranking available persons will be used in making selections for
the classification. In making the second, third or any
additional selection from the eligibles on an employment or
promotional certification, each selection shall be from among
the [three highest scoring] similarly ranked available persons
remaining on such certification of eligibles. After a person has
been rejected three times by an appointing authority in favor of
others on the same eligible list, such person shall not again be
certified to that appointing authority, except upon written
request from the appointing authority. Appointing authorities
shall promptly report to the director the appointment of
eligibles who have been certified. If a certified eligible
refuses to accept an offer of employment, such refusal shall be
promptly investigated by the director and, if it be found that
the refusal has been made for improper or insufficient reasons,
the director shall after giving ten days' notice to such person
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remove the eligible from the list.
Section 3. This act shall take effect immediately.
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