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PRIOR PRINTER'S NO. 1473
PRINTER'S NO. 1781
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1037
Session of
2018
INTRODUCED BY FOLMER, VULAKOVICH, EICHELBERGER, BARTOLOTTA,
RESCHENTHALER, FONTANA, YUDICHAK, ARGALL, WILLIAMS, SCHWANK,
LANGERHOLC, WARD, AUMENT, RAFFERTY, SCARNATI, DINNIMAN,
BAKER, BOSCOLA, BLAKE, STEFANO, WHITE, KILLION, LEACH,
LAUGHLIN, ALLOWAY, MARTIN, STREET, YAW, MENSCH AND
TARTAGLIONE, FEBRUARY 9, 2018
SENATOR FOLMER, STATE GOVERNMENT, AS AMENDED, MAY 22, 2018
AN ACT
Amending Title 71 (State Government) of the Pennsylvania
Consolidated Statutes, consolidating the Civil Service Act;
providing for civil service reform in the areas of merit-
based hiring, civil service applications, certification,
examinations and promotions; and making related repeals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 71 of the Pennsylvania Consolidated
Statutes is amended by adding a part to read:
PART III
CIVIL SERVICE REFORM
Chapter
21. General Provisions
22. Merit System Employment
23. Selection of Employees for Entrance to or Promotion in
Classified Service
24. Appointment and Promotion of Employees in Classified
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Service
25. Regulation of Employees in Classified Service
26. Separation of Employees from Classified Service
27. Prohibitions, Penalties and Enforcement
28. Notice of Personnel Actions
29. Services Available, Costs and Funding
30. State Civil Service Commission and Director
31. Hearings and Records
32. Commission Funds, Costs and Service
33. Records, Status and Appropriations
CHAPTER 21
GENERAL PROVISIONS
Sec.
2101. Scope of part.
2102. Purpose.
2103. Definitions.
§ 2101. Scope of part.
This part relates to civil service reform.
§ 2102. Purpose.
The purpose of this part is to create and sustain a modern
merit system of employment within the Commonwealth work force
that promotes the hiring, retention and promotion of highly
qualified individuals, ensuring that government services are
efficiently and effectively delivered to the public.
§ 2103. Definitions.
Subject to additional definitions contained in subsequent
provisions of this part which are applicable to specific
provisions of this part, the following words and phrases when
used in this part shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
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"Appointing authority." The officers, board, commission,
individual or group of individuals having power by law to make
appointments in the classified service.
"Board." The Executive Board of the Commonwealth.
"Civil Service Act." The former act of August 5, 1941
(P.L.752, No.286), known as the Civil Service Act.
"Classified service." As follows:
(1) A position filled under the merit system of
employment, including:
(i) Each position existing on or created after
August 5, 1941, in the Department of Human Services,
including the county boards of assistance, except for a
student worker in institutions operated by the Office of
Children, Youth and Families.
(ii) The following:
(A) Each position existing on or created after
August 5, 1941, in the Department of Labor and
Industry which is charged with the administration of
the act of December 5, 1936 (2nd Sp.Sess., 1937
P.L.2897, No.1), known as the Unemployment
Compensation Law.
(B) Each position which is charged with the
administration of the act of June 2, 1915 (P.L.736,
No.338), known as the Workers' Compensation Act, and
the act of July 26, 1913 (P.L.1363, No.851), referred
to as the Occupational Disease Prevention Law,
including the positions of workers' compensation
judges. The term shall not include the positions of
members of the Workers' Compensation Appeal Board and
members and employees of the State Workers' Insurance
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Board and the State Workers' Insurance Fund.
(iii) Each position existing on or created after
August 5, 1941, in the Pennsylvania Liquor Control Board.
(iv) Each position existing on or created after
August 5, 1941, in the commission.
(v) Each position existing on or created after
August 5, 1941, in the Pennsylvania Board of Probation
and Parole.
(vi) Each position existing on or created after
August 5, 1941, in the Department of Education. The term
shall not include the presidents, faculty members and
student employees of the State colleges, the heads and
faculty members of the Department of Education's other
educational institutions and county superintendents,
assistant county superintendents and supervisors of
special education.
(vii) Each position existing on or created after
August 5, 1941, in the Department of Health. The term
shall not include patient employees at institutions
operated by the Department of Health.
(viii) Each position existing on or created after
August 5, 1941, in the Department of Banking and
Securities.
(ix) Each position existing on or created after
August 5, 1941, in the Insurance Department.
(x) Each position existing on or created after
August 5, 1941, in the State Employes' Retirement Board
and under the professional licensing boards in the
Department of State.
(xi) Each position existing on or created after
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August 5, 1941, in a department or agency under the
Governor's jurisdiction which:
(A) Is required to be under a merit system in
order to qualify the agency or department for the
receipt of money from the Federal Government or an
agency or instrumentality of the Federal Government.
(B) Was designated as professional or technical
by the board on or before October 1, 1962.
(C) Was covered by civil service under the terms
of an agreement entered into between the department
or agency and the commission after October 1, 1962,
other than agreements arising out of the board
resolution of September 10, 1956, as amended and
supplemented.
(xii) The positions of engineer, geologist, chemist,
planning specialist, statistician, economist,
photogrammetrist, architect, landscape architect,
cartographer, draftsmen and surveyor in the Department of
Transportation.
(xiii) Each position in a local civil defense
organization which a political subdivision may bring
under the provisions of 35 Pa.C.S. § 7312(f) (relating to
organization), upon the exercise of the authority.
(xiv) Each position existing on or created after
December 3, 1975, in the Pennsylvania Labor Relations
Board. The term shall not include an executive director,
secretary, regional director, attorney and attorney
examiner.
(2) The term shall not include a position included in
the unclassified service.
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"Commission." The State Civil Service Commission.
"Demotion." The voluntary or involuntary movement of an
employee to a class assigned to a pay range with a lower maximum
salary.
"Director." The Executive Director of the State Civil
Service Commission.
"Eligible." An individual whose name is on an eligible list.
"Eligible list." An employment list, promotion list or
reemployment list.
"Employee." Except as provided in section 2705(g) (relating
to political activity), an individual legally occupying a
position in the classified service.
"Employment list." A list of individuals who have been found
qualified by an entrance examination for appointment to a
position in a particular class.
"Entrance examination." An examination for a position in a
particular class, admission to which is not limited to an
individual employed in the classified service.
"Furlough." The termination of employment because of lack of
work or lack of funds.
"Job," "job title," "class" or "class of positions." A group
of positions in the classified service which are sufficiently
similar in respect to the duties and responsibilities of the
positions that the same:
(1) descriptive title may be used for each position;
(2) requirements as to experience, knowledge and ability
are demanded of incumbents;
(3) assessments may be used to choose qualified
appointees; and
(4) schedule of compensation may be made to apply with
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fairness under like working conditions.
"Permanent position." A position in the classified service
which does not have an expiration date.
"Position." A group of current duties and responsibilities
assigned or delegated by competent authority requiring the full-
time or part-time employment of one individual.
"Probationary period." A preliminary period of employment,
the purpose of which is to determine the fitness of an employee
for regular status.
"Promotion." The movement of an employee to another class in
a pay range with a higher maximum salary.
"Promotion examination." An examination for a position in a
particular class, admission to which is limited to an employee
in the classified service who has held a position in another
class.
"Promotion list." A list of individuals determined to be
qualified by a promotion examination for appointment to a
position in a particular class.
"Regular employee." An employee who has been appointed to a
position in the classified service in accordance with this part
after completion of the employee's probationary period.
"Removal." The permanent separation from the classified
service of an employee who has been permanently appointed.
"Temporary position." A position in the classified service
resulting from temporary pressure of extra work which is likely
to continue for a period of 12 months or less.
"Unclassified service." Each position existing on or created
after August 5, 1941, in a department and agency included in the
definition of classified service which are held by any of the
following:
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(1) A head and deputy head of a department of the
Commonwealth, bureau director, division chief and all other
supervisory personnel whose duties include participation in
policy decisions.
(2) A member of a board or commission.
(3) One secretary or one confidential clerk and not more
than five other personal assistants or aides to each State
appointing authority or each member of the State appointing
authority, except the commission and the director.
(4) An individual appointed for the duration of a
special study, project or internship which is scheduled to be
completed after a fixed or limited period of time and which
should not be performed by an individual in the classified
service.
(5) An attorney that the appointing authority appoints.
(6) Unskilled labor.
(7) Each professional position attached to the
department head's office which functions in press, public
relations, legislative liaison or development of executive
policy.
"Unskilled labor." An individual occupying or assigned to a
position for which the principal job function is manual labor or
work requiring limited or no prior education or training.
"Veteran." An individual who served in the United States
Armed Forces, including a reserve component or National Guard,
and who was honorably discharged or released from service.
CHAPTER 22
MERIT SYSTEM EMPLOYMENT
Sec.
2201. Transfer of duties.
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2202. Duties of Office of Administration.
2203. Regulations.
2204. Federal standards.
2205. Legislative representation for collective bargaining.
§ 2201. Transfer of duties.
Beginning on the effective date of this section, the Office
of Administration shall perform the duties conducted by the
commission and the director under the Civil Service Act, except
sections 950 and 951(a), (b) and (c) of the Civil Service Act.
§ 2202. Duties of Office of Administration.
(a) Duties.--The Office of Administration shall have the
power and duty to implement and administer this part as follows:
(1) Perform the duties conducted, prior to the effective
date of this section, by the commission and the director
under section 2201 (relating to transfer of duties).
(2) Direct and supervise the administrative work of
merit system employment.
(3) Appoint staff to classified service positions
necessary to carry out the provisions of this part.
(4) Provide merit system employment for the Commonwealth
in accordance with this part.
(5) Advertise, on the Office of Administration's
publicly accessible Internet website and in each Office of
Administration announcement and advertisement, that:
(i) veterans' preference is the law of this
Commonwealth;
(ii) to determine standing on each certified
eligibility list, an additional 10 points shall be
applied to the final examination score obtained by a
veteran, in accordance with 51 Pa.C.S. § 7103 (relating
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to additional points in grading civil service
examinations); and
(iii) the same preferential rating given to veterans
under this chapter shall be extended to include spouses
of deceased or disabled veterans, in accordance with 51
Pa.C.S. § 7108 (relating to preference of spouses).
(6) Administer this part, except for Chapters 30
(relating to State Civil Service Commission and Director) and
31 (relating to hearings and records).
(7) Request assistance from State departments, agencies,
boards or commissions, if necessary.
(8) Cooperate with other civil service agencies.
(9) Investigate as requested by the Governor or the
General Assembly and to report on the investigation.
(10) Investigate, notwithstanding any other provision of
this part, personnel action taken under this part and hold
public hearings, record findings and conclusions and order
action to assure observance of this part.
(11) Administer oaths and require testimony and the
production of documents and records.
(12) APPOINT A SPECIAL ADVISOR FOR VETERANS' PROGRAMS
WHO SHALL BE A VETERAN AND WHO WILL:
(I) ENSURE COMPLIANCE UNDER THIS PART WITH THE
PROVISIONS OF 51 PA.C.S. PT. V (RELATING TO EMPLOYMENT
PREFERENCES AND PENSIONS); AND
(II) PROMOTE AND IMPLEMENT POLICIES TO INCREASE THE
AWARENESS AND UNDERSTANDING OF THE VALUE OF RECRUITING,
HIRING AND RETAINING VETERANS FOR THE COMMONWEALTH
WORKFORCE UNDER THIS PART.
(b) Oaths, testimony and documents.--The following shall
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apply:
(1) The Secretary of Administration and any other
employee or agency authorized by the secretary shall have the
power to administer oaths in matters pertaining to the work
of the Office of Administration under this part.
(2) The Office of Administration shall have the power to
secure by subpoena the attendance and testimony of witnesses
and the production of documents and records.
(c) Authority of court.--A judge of a court of record shall,
upon proper application of the Office of Administration, compel
the attendance of witnesses, the production of documents and
records and the giving of testimony before the Office of
Administration in the same manner as the production of evidence
may be compelled before the court.
§ 2203. Regulations.
(a) Authority.--The Office of Administration may promulgate
regulations necessary to carry out the provisions of this part.
(b) Temporary regulations.--
(1) In order to facilitate the prompt implementation of
this part, the Office of Administration may promulgate
temporary regulations which shall expire no later than three
years following the publication of the temporary regulations.
The Office of Administration may promulgate temporary
regulations not subject to:
(i) Sections 201, 202, 203, 204 and 205 of the act
of July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(ii) Section 204(b) of the act of October 15, 1980
(P.L.950, No.164), known as the Commonwealth Attorneys
Act.
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(iii) The act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act.
(2) The authority provided to the Office of
Administration to adopt temporary regulations under paragraph
(1) shall expire three years following the publication of the
temporary regulations. Regulations adopted after this period
shall be promulgated as provided by law.
§ 2204. Federal standards.
(a) Duty.--Notwithstanding any other provision of this part,
the Commonwealth and its political subdivisions shall take
action with respect to matters involving personnel
administration as necessary to ensure the continued eligibility
of the Commonwealth and its political subdivisions for Federal
grants-in-aid.
(b) Prohibition.--Notwithstanding any other provision of
this part, a State program which is required to have the State
program's positions under a merit system because of the receipt
of Federal grants-in-aid may not have more positions in the
unclassified service than are allowed by Federal merit system
standards.
§ 2205. Legislative representation for collective bargaining.
The President pro tempore of the Senate and the Speaker of
the House of Representatives may jointly appoint a competent
industrial relations specialist, who may not be a member of the
General Assembly, to represent the General Assembly at
collective bargaining negotiations relating to individuals in
the classified service by observing the proceedings and
submitting reports of the proceedings to the President pro
tempore of the Senate and the Speaker of the House of
Representatives.
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CHAPTER 23
SELECTION OF EMPLOYEES FOR ENTRANCE TO
OR PROMOTION IN CLASSIFIED SERVICE
Sec.
2301. Examinations requisite for appointment and promotion.
2302. Nature of examinations.
2303. Holding examinations and rating competitors.
2304. Public notice of examinations.
2305. Ratings of competitors.
2306. Establishment of eligible lists.
2307. Duration of eligible lists.
§ 2301. Examinations requisite for appointment and promotion.
(a) General rule.--Except as otherwise provided in this
chapter, the appointment of an individual entering the
classified service or promoted in the classified service shall
be from an eligible list established as the result of
examinations given by the Office of Administration to determine
the relative merit of candidates. Examinations may be written
and shall be competitive and open to each individual who may be
lawfully appointed to the position within the class for which
the examinations are held. An individual in an unskilled
position shall enter the classified service by promotion without
examination in accordance with the following:
(1) The individual shall enter the classified service
if:
(i) The promotion is into a classified position
immediately above the individual's own position.
(ii) The promotion is based on seniority and
meritorious service.
(iii) The individual meets the minimum requirements
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for that position.
(iv) The individual satisfactorily completes a six-
month probationary period in the classified position.
(2) If no individuals in the unskilled positions meet
the requirements under paragraph (1), the vacant position may
be filled under this chapter.
(b) Requirements.--The following apply:
(1) An individual applying for a position or promotion
in the classified service shall be a resident of this
Commonwealth or former resident of this Commonwealth who
meets the requirements of this subsection and, if applicable,
of the district.
(2) A former resident of this Commonwealth shall be
eligible if the individual:
(i) relocated out of State for academic or
employment purposes;
(ii) plans to establish Commonwealth residency
within six months of beginning employment in the
classified service; and
(iii) has done one of the following:
(A) Graduated from a public, private or
nonpublic secondary school in this Commonwealth or
satisfied the requirements of sections 1327 and
1327.1 of the act of March 10, 1949 (P.L.30, No.14),
known as the Public School Code of 1949, within five
years of applying for a position in the classified
service.
(B) Satisfied the requirements of sections 1327
and 1327.1 of the Public School Code of 1949 or
attended a public, private or nonpublic school in the
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Commonwealth at least 80% of the time while enrolled
in grades one through twelve and attended the school
within five years of applying for a position in the
classified service.
(C) Graduated or attended a public, private or
nonpublic secondary school in the Commonwealth or
satisfied the requirements of sections 1327 and
1327.1 of the Public School Code of 1949 and
graduated from a postsecondary institution in the
Commonwealth within five years of applying for a
position in the classified service.
(3) Notwithstanding any other provision of this chapter,
if an appointing authority finds a lack of qualified
individuals available for appointment to a particular class
or classes of position, the appointing authority may present
evidence of the lack of qualified personnel to the Office of
Administration, which may waive the residence requirements
for the class or classes of position.
(c) Eligible lists.--The Office of Administration shall
prepare the proper State and district eligible lists. If, after
an examination has been conducted for a class of position, there
is no individual with legal residence in a district remaining on
the register, the Office of Administration shall certify and the
appointing authority may make the appointment or promotion from
the names of individuals on an appropriate eligible list for the
same class of positions of other districts. Qualifications as
permitted by law may be specified in the regulations and in the
announcements of the examinations. All applications for
positions in the classified service shall be subject to the
penalties of 18 Pa.C.S. § 4904 (relating to unsworn
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falsification to authorities).
(d) Limitation of competition.--The Office of Administration
may limit competition in promotion examinations to employees in
the classified service who have completed a probationary period
in a class or classes designated in the public notice of the
examinations and may permit promotions to be accomplished by any
one of the following plans:
(1) Appointment from open competitive lists.
(2) Achieving a place on an eligible list after a
promotional examination given at the request of the
appointing authority.
(3) Promotion based upon meritorious service and
seniority to be accomplished by appointment without
examination if the individual has completed the probationary
period in the next lower position and meets the minimum
requirements for the higher position.
(e) Preference.--To the extent permitted by law, when all
applicants for appointment and promotion to a position in the
classified service are equally qualified, preference shall be
shown to applicants who are United States citizens over those
who are not United States citizens.
§ 2302. Nature of examinations.
(a) General rule.--Examinations shall be conducted to
establish employment and promotion lists. Examinations may be:
(1) Written or oral.
(2) A demonstration of skill.
(3) An evaluation of experience and education.
(4) A combination of paragraphs (1), (2) and (3) which
fairly appraise the fitness and ability of competitors.
(b) Method of examination.--The appointing authority shall
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select the method of examination that will be used for the
individual position or the class of positions for which the
employment or promotion list is being established. The
examinations shall:
(1) Be practical in nature.
(2) Relate to the duties and responsibilities of the
position for which the applicant is being examined.
(3) Fairly test the relative capacity and fitness of
individuals examined to perform the duties of the position or
class of positions to which the individuals seek to be
appointed or promoted.
(c) Qualifications.--An applicant may be required to possess
scholastic education qualifications only if the position for
which the applicant is being examined requires professional or
technical knowledge, skills and abilities or if the scholastic
qualifications are required to ensure the continued eligibility
of the Commonwealth for Federal grants-in-aid. No greater credit
for experience gained during a provisional, emergency or
temporary appointment under this chapter shall be given to an
individual in an examination than is given for experience in the
same type of work performed in a similar position not under the
provisions of this chapter.
(d) Military service.--In evaluating experience in order to
compute the final rating in an examination to establish eligible
lists, an individual discharged other than dishonorably after
active service during a war or armed conflict in which the
United States engaged, from a branch of the armed forces of the
United States or from a women's uniformed service directly
connected with the armed forces of the United States, may not be
given less credit for experience than would be given for
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continued experience in the position held at the time of
induction into the service.
(e) Discriminatory questions prohibited.--No question in an
examination shall relate to the race, gender, religion ,
DISABILITY or political or labor union affiliation of the
candidate.
§ 2303. Holding examinations and rating competitors.
The Office of Administration shall prepare and hold
examinations rating the work of competitors and prepare the
resulting eligible lists. Individuals not on the regular staff
of the Office of Administration may be called on for assistance.
§ 2304. Public notice of examinations.
The Office of Administration shall give public notice of all
examinations for positions or promotions in the classified
service at least two weeks in advance of the final date for
filing applications.
§ 2305. Ratings of competitors.
(a) Computation of rating.--The final earned rating of an
individual competing in an 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 Office of
Administration, according to weights for each test.
(b) Notification.--The Office of Administration shall
provide notice by e-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 on
the eligible list and informing those who have attained a place
on the eligible list of the number of individuals who took the
examination, the number of individuals on the eligible list and
the individual's relative standing on the eligible list.
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§ 2306. Establishment of eligible lists.
The Office of Administration shall establish and maintain
eligible lists as are necessary or desirable to meet the needs
of the service. The eligible lists shall contain the names of
each individual who has qualified for and successfully passed
the examination. The eligible list shall be arranged in the
order of final earned ratings.
§ 2307. Duration of eligible lists.
(a) Duration.--The duration of an eligible list shall be
fixed by the Office of Administration. An existing eligible list
shall terminate upon the establishment of an appropriate, new,
eligible list unless otherwise prescribed by the Office of
Administration.
(b) Utilization of current eligible lists.--Appointing
authorities shall utilize eligible lists from the date of the
establishment of the eligible list until exhausted, canceled by
the Office of Administration or replaced by more recently
prepared eligible lists.
(c) Correction and revision.--The Office of Administration
may correct clerical errors occurring in connection with the
preparation of an eligible list and revise the eligible list
accordingly. No individual who has been appointed as the result
of certification from the eligible list shall be displaced by
the action.
(d) Cancellation.--The Office of Administration shall have
the power, after giving notice as required in this part and
after a public hearing, to cancel the whole or a part of an
eligible list on account of illegality or fraud in connection
with the eligible list.
CHAPTER 24
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APPOINTMENT AND PROMOTION OF EMPLOYEES
IN CLASSIFIED SERVICE
Sec.
2401. Certification.
2402. Selection and appointment of eligibles.
2403. Substitution during military leave.
2404. Probationary period.
2405. Provisional appointments.
2406. Temporary appointments to extra positions.
2407. Emergency appointments.
§ 2401. Certification.
(a) Statement of vacancy.--If a vacancy is likely to occur
or is to be filled in the classified service, the appointing
authority shall submit to the Office of Administration a
statement indicating the position to be filled.
(b) Certification of available individuals.--
(1) The Office of Administration shall certify to the
appointing authority the names of the three highest-ranking
available individuals on the certification of eligibles,
except if any of the following apply:
(i) The appointing authority elects to follow an
alternative selection procedure under section 2402(a)
(relating to selection and appointment of eligibles).
(ii) A labor agreement covering promotions in the
classified service exists.
(iii) The Office of Administration has specified,
prior to testing the eligibles on the eligible list, that
either all available individuals, regardless of ranking,
or a specified alternative number other than three of the
highest-ranking available individuals shall be used in
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making selections for the classification.
(2) If a labor agreement covering promotions in the
classified service exists, the terms and procedures of the
labor agreement relative to the procedures for promotions
shall control.
(c) Lack of eligibles.--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 eligible list or
request the Office of Administration to certify from another
eligible list deemed the next most appropriate.
(d) Selective certifications.--If operational conditions of
the appointing authority dictate and it is in the interest of
the service to the Commonwealth, the Office of Administration
may authorize selective certifications based on merit-related
criteria.
(e) Waiver of consideration.--An individual on a promotion
or employment list who waives consideration for promotion or
appointment may not be considered among the names from which a
promotion or appointment is to be made.
§ 2402. Selection and appointment of eligibles.
(a) Alternative selection procedure.--Unless a labor
agreement contains promotion procedures which are inconsistent
with this chapter, 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 that the Office of Administration issue an
appropriate certification of previously tested and active
eligibles; or
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(2) request that the Office of Administration create and
issue a certification of eligibles consisting only of the
names of those candidates who responded by applying for the
vacancy after receipt of notice of the vacancy from the
Office of Administration. The failure of a candidate to apply
for the vacancy shall be considered a waiver under section
2401 (relating to certification).
(b) Selection of certified eligibles.--The following apply:
(1) The certification of eligibles created and issued
under this section shall be valid for 90 business days.
(2) If the vacant position is to be filled from an
eligible list, the appointing authority shall select an
individual who is among the three highest-ranking available
individuals on the certification of eligibles, unless the
Office of Administration has specified prior to testing the
eligibles on the eligible list that either all available
individuals regardless of ranking or a specified alternative
number other than three of the highest-ranking available
individuals shall be used in making selections for the
classification.
(3) In making the second or subsequent selection from
the eligibles on an employment or promotional certification,
each selection shall be from among the similarly ranked
available individuals remaining on the certification of
eligibles.
(4) After an individual has been rejected three times by
an appointing authority in favor of others on the same
eligible list, the individual may not be certified to that
appointing authority, except upon written request from the
appointing authority.
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(5) Appointing authorities shall promptly report to the
Office of Administration the appointment of eligibles who
have been certified.
(6) If a certified eligible refuses to accept an offer
of employment, the refusal shall be promptly investigated by
the Office of Administration and, if found that the refusal
has been made for improper or insufficient reasons, the
Office of Administration shall, after giving 10 days' notice
to the individual, remove the eligible from the eligible
list.
§ 2403. Substitution during military leave.
(a) Substitution for military leave.--When an employee in
the classified service is granted military leave, the position
vacated shall be filled only by substitute appointment or
promotion and the employee appointed or promoted shall vacate
the position upon return of the employee from military leave. A
substitute employee, when required to vacate a position upon the
return of the regular employee, shall have the right to return
to the substitute employee's previous civil service position and
status.
(b) Substitute lists.--The substitute appointment or
promotion shall be made from lists certified by the Office of
Administration under this chapter.
§ 2404. Probationary period.
(a) Completion and duration.--
(1) No appointment to a position in the classified
service shall be deemed complete until after the expiration
of a probationary period.
(2) The probationary period for each class of position
shall be prescribed by the Office of Administration and,
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except for trainee classes, shall in no case be less than 6
months nor more than 18 months. The probationary period for a
trainee class shall be combined with that of the class for
which the trainee is being trained. The combined probationary
period shall be the same as the training period and shall not
exceed 24 months.
(3) The appointing authority may remove an employee
during the probationary period if, in the opinion of the
appointing authority, the probation indicates that the
employee is unable or unwilling to perform the duties
satisfactorily or that the employee's dependability does not
merit continuance in the service. Upon removal, the
appointing authority shall notify the employee in a manner
prescribed by the Office of Administration.
(b) Notification of permanent status.--If the employee's
work has been satisfactory, the appointing authority shall
notify the employee in writing prior to the completion of the
probationary period that the employee shall attain regular
status in the classified service upon completion of the
probationary period.
(c) Further appointment.--If an employee is removed from a
position during or at the end of the probationary period and the
Office of Administration determines that the employee is
suitable for appointment to another position, the employee's
name may be restored to the eligible list from which the name
was certified.
§ 2405. Provisional appointments.
(a) Accelerated examination program.--The Office of
Administration may authorize an accelerated examination program
for the position to be filled if:
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(1) there is a great and urgent public need to fill a
vacancy in a position in the classified service;
(2) the Office of Administration is unable to certify an
eligible for the vacancy from an eligible list or arrange for
a reassignment, transfer, promotion or other means of filling
the vacancy with a qualified employee; and
(3) there is no regular examination immediately
available.
(b) Elements of program.--The accelerated examination
program shall include:
(1) Abbreviated, localized advertising for the position
to ensure open competition.
(2) Rapid processing and evaluation of the
qualifications of applicants, ranking the applicants as well
qualified, qualified and not qualified.
(3) Certification of applicants determined to be well-
qualified and qualified for the position.
(c) Appointment.--The appointing authority shall appoint
applicants determined to be well qualified. If insufficient
well-qualified applicants are available, the appointment shall
be made from the qualified group.
(d) Test period.--The appointee shall serve a six-month
working test period upon successful completion of which the
appointee shall be granted probationary status. Failure to
successfully complete the working test period shall result in
termination.
(e) Successive appointments prohibited.--Successive
provisional appointments of the same individual may not be made
to the same position or classification.
(f) Rights of provisional status.--The acceptance of a
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provisional appointment shall not confer upon the appointee
rights of promotion, reinstatement or reassignment to another
classification while in provisional status.
§ 2406. Temporary appointments to extra positions.
If, from pressure of work, an extra position in the
classified service must be established for a period of 12 months
or less, the appointing authority shall request the Office of
Administration to certify the name of a qualified individual
from an appropriate eligible list or by other means authorized
by this part. In the request, the appointing authority shall
state the cause of the extra work, the probable length of
employment and the duties that the appointee is to perform.
§ 2407. Emergency appointments.
(a) Appointment during emergency period.--An appointing
authority or a subordinate authorized by the appointing
authority may, to prevent serious impairment of the public
business when an emergency arises and time may not permit
securing authorization from the Office of Administration for the
appointment of a certified eligible, appoint a qualified
individual during the emergency for a period not exceeding 30
days and, with the approval of the Office of Administration,
extend the appointment for a further period not to exceed 30
days.
(b) Parameters.--The following shall not be considered an
emergency:
(1) a vacancy of which the appointing authority had
reasonable notice; or
(2) employment conditions of which the appointing
authority had previous knowledge.
(c) Nomenclature.--Individuals appointed under subsection
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(a) shall be known as emergency employees.
(d) Report to Office of Administration.--Appointing
authorities shall immediately report to the Office of
Administration all emergency appointments.
(e) Nonrenewal.--Appointments made under subsection (a) may
not be renewed.
CHAPTER 25
REGULATION OF EMPLOYEES IN CLASSIFIED SERVICE
Sec.
2501. Performance ratings.
2502. Transfers and reassignments.
2503. Demotions.
2504. Classification and compensation.
2505. Effect of reclassifications.
2506. Other personnel standards and rules.
§ 2501. Performance ratings.
(a) Evaluations.--Performance evaluations shall be
considered for purposes prescribed by the Office of
Administration.
(b) Frequency of evaluations.--Agencies shall evaluate the
performance of agency employees during the employees'
probationary periods and at least once a year thereafter.
(c) Forms and procedure.--Performance evaluation forms and
procedures shall be reviewed and approved by the Office of
Administration prior to utilization.
§ 2502. Transfers and reassignments.
(a) Transfers.--The transfer of a classified service
employee from a position under the jurisdiction of one
appointing authority to a position in the same class under the
jurisdiction of another appointing authority may be made with
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the approval of the Office of Administration and both appointing
authorities.
(b) Reassignments.--An appointing authority may reassign a
classified service employee under the appointing authority's
jurisdiction from one position to another in the same class or
in a similar class at the same pay range for which the employee
qualifies.
(c) Manner of transfers and reassignments.--Transfers and
reassignments shall be accomplished in a manner prescribed by
the Office of Administration.
(d) Promotion.--A transfer or reassignment of an employee
from a position in one class to a position in a class for which
a higher maximum salary is prescribed shall be deemed a
promotion and may be accomplished only in the manner provided
for in this part.
(e) Appointment after certification.--No individual may be
transferred or reassigned from a position in the unclassified
service to a position in the classified service unless appointed
to the classified service position after certification of the
individual's name from an eligible list in accordance with the
provisions of this part.
§ 2503. Demotions.
(a) Employees subject to demotion and rights.--The following
apply:
(1) An appointing authority may demote to a vacant
position in a lower class an employee in the classified
service who does not satisfactorily perform the duties of the
position to which the employee was appointed or promoted and
who is able to perform the duties of the lower class
position.
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(2) In case of a demotion, the employee shall have all
rights of appeal as provided in this part.
(3) No employee may be demoted because of the employee's
race, gender, religion , DISABILITY or political, partisan or
labor union affiliation or other nonmerit factor.
(b) Voluntary demotion.--A voluntary demotion may be made by
an appointing authority upon written request of the employee
with the approval of the Office of Administration.
§ 2504. Classification and compensation.
The classification of positions and the compensation of
employees in the classified service shall conform to standards
and rules adopted by the board.
§ 2505. Effect of reclassifications.
(a) Reclassification.--When an employee's job changes or the
board changes a classification and a reallocation of the
position becomes necessary, the employee shall be reclassified
to the new classification, provided the employee meets the
established requirements for the new classification.
(b) Reclassification to lower level.--Reclassification to a
lower level shall not be construed as a demotion.
§ 2506. Other personnel standards and rules.
With respect to other personnel management matters, including
hours of work, paid holidays, vacations, sick leave and employee
training, employees in the classified service shall conform to
standards and rules established by the Governor and the board
for Commonwealth employees generally.
CHAPTER 26
SEPARATION OF EMPLOYEES FROM CLASSIFIED SERVICE
Sec.
2601. Temporary and permanent separations.
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2602. Furlough.
2603. Suspension.
2604. Removal during probationary period.
2605. Rights of promoted employee during probationary period.
2606. Resignation.
2607. Removal.
2608. Leave of absence.
2609. Seniority.
§ 2601. Temporary and permanent separations.
An employee may be:
(1) Temporarily separated from the classified service
through furlough, leave of absence or suspension.
(2) Permanently separated through rejection on
probation, retirement, resignation or removal.
§ 2602. Furlough.
(a) General rule.--
(1) If a reduction in force is necessary in the
classified service:
(i) no employee may be furloughed while a
probationary or provisional employee is employed in the
same class in the same department or agency; and
(ii) no probationary employee may be furloughed
while a provisional employee is employed in the same
class in the same department or agency.
(2) The following apply:
(i) An employee shall be furloughed only if, at the
time of furlough, the employee is within the lowest
quarter among all employees of the employer in the same
class on the basis of the employee's last regular service
ratings. Within the quarter, the employee shall be
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furloughed in the order of seniority, unless a labor
agreement covering the employees to be furloughed exists
in which case the terms of the labor agreement regarding
a furlough procedure shall be controlling.
(ii) The appointing authority may limit the
application of this subparagraph in any particular
instance to employees who are in:
(A) the same class, classification series or
other grouping of employees as referred to in an
applicable labor agreement; and
(B) the same department or agency within the
same bureau or division with headquarters at a
particular municipality, county or district of the
Commonwealth.
(b) Rights of furloughed employees.--
(1) A furloughed employee shall have the right of return
to a class and civil service status which was held prior to
the furlough, provided the class is contained in the current
classification plan of the agency.
(2) A furloughed employee shall have the right of return
to a class and civil service status in the same or lower
grade held prior to the furlough, provided the employee meets
the minimum qualifications given in the classification plan
of the agency.
(c) Report of furloughed employees.--The following apply:
(1) The appointing authority shall promptly report to
the Office of Administration the names of employees
furloughed, together with the date the furlough of each
employee is effective, and the character of the employee's
service.
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(2) A regular employee furloughed shall, for a period of
one year, be given preference for reemployment in the same
class of position from which furloughed and shall be eligible
for appointment to a position of a similar class in other
agencies under this part unless the terms of an existing
labor agreement preclude the employee from receiving the
preferential treatment contained in this paragraph, in which
event the terms of the labor agreement shall control.
§ 2603. Suspension.
(a) Right to suspend.--The following apply:
(1) An appointing authority may, for disciplinary
purposes, suspend without pay an employee holding a position
in the classified service.
(2) Suspensions, including suspensions pending internal
investigation, may not exceed 60 working days in one calendar
year.
(3) Suspensions pending investigation by external
agencies may be maintained up to 30 working days after
conclusion of the external investigation.
(b) Discrimination prohibited.--No individual may be
suspended because of race, gender, religion , DISABILITY or
political, partisan or labor union affiliation or any other
nonmerit factor.
(c) Good cause.--Employees may only be suspended for good
cause.
(d) Report of suspension.--An appointing authority shall
immediately report in writing to the Office of Administration a
suspension, together with the reason or reasons for the
suspension, and shall send a copy of the report to the suspended
employee.
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§ 2604. Removal during probationary period.
(a) General rule.--The appointing authority may remove an
employee from the classified service before the expiration of
the probationary period.
(b) Permanent separation.--An individual removed shall be
considered permanently separated from the individual's position.
The Office of Administration may, if the action is appropriate,
place the name of the individual removed on the employment list
of the appropriate class for future certification to other
appointing authorities.
§ 2605. Rights of promoted employee during probationary period.
(a) General rule.--An employee serving a probationary period
which has resulted from a promotion may be removed from the
classified service only for just cause.
(b) Voluntary return to previous position.--
(1) During the first three months of the probationary
period, the employee has the option to return to the position
previously held.
(2) After three months, an employee in probationary
status may return to the previous position or classification
with written consent of the appointing authorities.
(c) Appointment to previous position.--If the employee's
performance during the probationary period is not determined to
be satisfactory by the appointing authority, the employee shall
be returned to the position or class held immediately prior to
the promotion without necessity of appeal or hearing.
§ 2606. Resignation.
(a) Form and reinstatement.--
(1) An employee may resign from the classified service
either verbally or in writing.
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(2) Upon the request of an appointing authority, an
employee may be reinstated in the classification from which
the employee resigned.
(b) Acceptance of resignation.--Resignation of an individual
in the classified service shall not be effective unless accepted
by the appointing authority in writing within 15 calendar days
after the date the individual tenders resignation.
(c) Resignation prohibited.--No individual about to be
appointed to a position in the classified service shall, in
advance of or at the time of the appointment, sign or execute a
resignation, whether dated or undated.
§ 2607. Removal.
No regular employee in the classified service may be removed,
except for just cause.
§ 2608. Leave of absence.
(a) Right of return.--If there is a vacancy with the same
appointing authority, an employee who has been granted a leave
of absence at the discretion of an appointing authority shall,
upon expiration of the leave of absence, have the right of
return to any of the following:
(1) the class and civil service status from which leave
was granted;
(2) a class and civil service status that the employee
previously held, if the class is contained in the current
class plan of the agency; or
(3) a class and civil service status in the same or
lower grade, if the employee meets the minimum qualifications
given in the classification plan of the agency.
(b) No vacancy upon return.--If there is no vacancy to which
the employee on leave can be returned, the employee shall retain
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priority of return to the class from which the leave of absence
was granted for a period of one year following the date of
expiration of the leave, and, during that time period, the