Bill Text: PA HB1459 | 2011-2012 | Regular Session | Introduced

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Bill Title: In civil service, further providing for promotions.

Spectrum: Bipartisan Bill

Status: (Passed) 2011-11-09 - Act No. 99 [HB1459 Detail]

Download: Pennsylvania-2011-HB1459-Introduced.html

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PRINTER'S NO. 1765
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1459 Session of2011
INTRODUCED BY ROSS, GINGRICH, CREIGHTON, FREEMAN AND SANTARSIERO, MAY 4, 2011
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MAY 4, 2011
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
civil service, further providing for promotions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4406.1 of 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) and added October
19, 2010 (P.L.533, No.77), is amended to read:
Section 4406.1. Promotions.--(a) The civil service boards
may recommend those in the employ of a department for promotion
if the person recommended is competent for the higher position.
If an examination is required, the city council shall notify the
applicable civil service board of a civil service vacancy in the
city which is to be filled by promotion and shall request the
certification of an eligibility list as provided in this
article. The board shall certify for each vacancy the names of
three persons on the eligibility list who have received the
highest average in the last preceding promotional examination
held within the period of two years preceding the date of the
request for the eligibility list. If three names are not
available, the board shall certify the names remaining on the
list. The city council shall make an appointment from the names
certified, based solely on the merits and fitness of the
candidates, unless the city council makes objections to the
board regarding one or more of the persons on the eligibility
list. The city council shall have power to determine in each
instance whether an increase in salary shall constitute a
promotion.
(b) Notwithstanding subsection (a), the mayor or other
elected or appointed official of a city that has adopted one of
the following shall retain the power to promote a candidate
pursuant to that law:
(1) An optional charter pursuant to the act of July 15, 1957
(P.L.901, No.399), known as the "Optional Third Class City
Charter Law."
(2) An optional plan pursuant to 53 Pa.C.S. Chs. 30
(relating to types of optional plans of government) and 31
(relating to general provisions common to optional plans).
(3) Any other law authorizing or permitting the mayor or
other elected or appointed official to promote a candidate.
Section 2. The amendment of section 4406.1 of the act shall
apply to promotions made on or after October 19, 2010.
Section 3. This act shall take effect immediately.
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