| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 1882, 2061, 3163 | PRINTER'S NO. 4283 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY ROSS, KESSLER, GRUCELA, GINGRICH, FREEMAN AND CALTAGIRONE, MAY 26, 2009 |
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| SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, SEPTEMBER 21, 2010 |
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| AN ACT |
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1 | Amending the act of June 24, 1931 (P.L.1206, No.331), entitled |
2 | "An act concerning townships of the first class; amending, |
3 | revising, consolidating, and changing the law relating |
4 | thereto," further providing for general provisions relating |
5 | to examinations, for rejection of applicant and hearing, for |
6 | manner of filling appointments, for probation period, for | <-- |
7 | promotions and for physical examinations. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Section 635 of the act of June 24, 1931 |
11 | (P.L.1206, No.331), known as The First Class Township Code, |
12 | reenacted and amended May 27, 1949 (P.L.1955, No.569) and |
13 | amended December 4, 1980 (P.L.1101, No.188), is amended to read: |
14 | Section 635. General Provisions Relating to Examinations.-- |
15 | (a) The commission shall make rules and regulations to be |
16 | approved as provided in section 630 hereof, providing for the |
17 | examination of applicants for positions in the police force and |
18 | as paid operators of fire apparatus and for promotions, which |
19 | rules and regulations shall prescribe the minimum qualifications |
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1 | of all applicants to be examined and the passing grades. All |
2 | examinations for positions or promotions shall be practical in |
3 | character and shall relate to such matters and include such |
4 | inquiries as will fairly test the merit and fitness of the |
5 | persons examined to discharge the duties of the employment |
6 | sought by them. All examinations shall be open to all applicants |
7 | who have the minimum qualifications required by the rules and |
8 | regulations. Each applicant for examination shall: |
9 | (1) be subject to the regulations adopted by the commission |
10 | [and shall be required to submit to a physical examination]; |
11 | (2) either before or after being admitted to the regular |
12 | examination held by the commission, be required to submit to a |
13 | physical fitness or agility examination that is job-related and |
14 | consistent with business necessity; and |
15 | (3) if made a conditional offer of employment, be given a |
16 | physical and psychological medical examination in accordance |
17 | with section 643 of this act. |
18 | (b) Public notice of the time and place of every |
19 | examination, together with the information as to the kind of |
20 | position or place to be filled, shall be given by publication |
21 | once in a newspaper of general circulation in the township or in |
22 | a newspaper circulating generally in the township at least two |
23 | weeks prior to each examination, and a copy of the notice shall |
24 | be prominently posted in the office of the commission or other |
25 | public place. |
26 | (c) The commission shall post in its office the eligible |
27 | list containing the names and grades of those who have passed |
28 | the examination. [Persons male or female who served in the | <-- |
29 | military or naval service of the United States during any war in |
30 | which the United States has been, is now, or shall hereafter be |
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1 | engaged and who have honorable discharges from such service, who |
2 | have successfully passed the examination, shall be given the |
3 | additional credits and preference in appointment and promotion |
4 | provided for by law.] | <-- |
5 | Section 2. Section 637 of the act is amended to read: |
6 | Section 637. Rejection of Applicant; Hearing.--(a) The |
7 | commission may refuse to examine or, if examined, may refuse to |
8 | certify after examination as eligible, any applicant who is |
9 | found to lack any of the minimum qualifications for examination |
10 | prescribed in the rules and regulations adopted for the position |
11 | or employment for which he has applied, or who is physically |
12 | [disabled and] unfit for the performance of the duties of the |
13 | position to which he seeks employment, or who is [addicted to |
14 | the habitual use of intoxicating liquors or narcotic drugs] |
15 | illegally using a controlled substance, as defined in section |
16 | 102 of the Controlled Substances Act (Public Law 91-513, 21 |
17 | U.S.C. § 802), or who has been guilty of any crime involving |
18 | moral turpitude or of infamous or notoriously disgraceful |
19 | conduct, or who has been dismissed from public service for |
20 | delinquency or misconduct in office, or who is affiliated with |
21 | any group whose politics or activities are subversive to the |
22 | form of government set forth in the Constitution and laws of the |
23 | United States and Pennsylvania. |
24 | (b) If any applicant or person [feels himself] is aggrieved | <-- |
25 | by [the action] refusal of the commission [in refusing] to | <-- |
26 | examine [him or to certify him] or certify the applicant as | <-- |
27 | eligible after examination, the commission shall, at the request |
28 | of [such person] the applicant, within ten (10) days appoint a | <-- |
29 | time and place [where he may appear personally and by counsel. | <-- |
30 | Whereupon,] for a public hearing, with or without counsel, at | <-- |
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1 | which time the commission shall [then] take testimony and review | <-- |
2 | its refusal to [make such] provide examination or certification | <-- |
3 | [and take such testimony as may be offered]. The decision of the | <-- |
4 | commission shall be final. |
5 | Section 3. Section 638 of the act, amended December 14, 1992 |
6 | (P.L.864, No.136), is amended to read: |
7 | Section 638. Eligibility List and Manner of Filling | <-- |
8 | Appointments.--(a) At the completion of the testing process, |
9 | including any background, physical agility or other |
10 | examinations, with the exception of physical and psychological |
11 | medical examinations pursuant to section 643 of this act, the |
12 | commission shall rank the candidates who have satisfied the |
13 | minimum requirements for appointment on an eligibility list. The |
14 | eligibility list shall contain the names of individuals eligible |
15 | for appointment listed from highest to lowest based on their |
16 | scores on the examinations administered by the commission and |
17 | any points for which the applicant was entitled by virtue of 51 |
18 | Pa.C.S. Ch. 71 (relating to veterans' preference). The |
19 | eligibility list will be valid for one year from the date the |
20 | commission ranks all passing applicants, assigns veterans' | <-- |
21 | preference points and formally adopts the eligibility list. The | <-- |
22 | commission may, at its sole discretion before the original |
23 | expiration date, by a vote of the majority of the commission at |
24 | a duly authorized commission meeting, extend the Prior to | <-- |
25 | expiration of the one-year period, the commission may extend the |
26 | validity of the eligibility list for up to an additional twelve |
27 | months by a majority vote of the commission at a duly authorized | <-- |
28 | commission meeting. In the absence of a lawful extension by the |
29 | commission, the list shall expire. |
30 | (b) Every position or employment in the police force or as |
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1 | paid operators of fire apparatus except that of chief of police |
2 | or chief of the fire department or equivalent shall be filled |
3 | only in the following manner: the township commissioners shall |
4 | notify the commission of any vacancy which is to be filled and |
5 | shall request the certification of [a list of eligibles] an | <-- |
6 | eligibility list. The commission shall certify for each existing |
7 | vacancy from the [eligible] eligibility list the names of the | <-- |
8 | three persons [thereon] who have received the highest average. | <-- |
9 | The township commissioners shall[, thereupon, with sole | <-- |
10 | reference to the merits and fitness of the candidates,] make | <-- |
11 | [an] a conditional appointment from the three names certified |
12 | [unless they] based solely on the merits and fitness of the | <-- |
13 | candidates, unless the township commissioners make objections to |
14 | the commission [as to] regarding one or more of the [persons so] | <-- |
15 | certified persons for any of the reasons stated in section 637 | <-- |
16 | of this subdivision. Should such objections be sustained by the |
17 | commission, as provided in [said] section 637, or if the | <-- |
18 | conditional appointee is determined to be unqualified in |
19 | accordance with the procedures set forth in section 643 of this |
20 | act, the commission shall [thereupon] strike the name of [such] | <-- |
21 | the person from the [eligible] eligibility list and certify the | <-- |
22 | next highest name for each name stricken [off] from the | <-- |
23 | eligibility list. As each subsequent vacancy occurs in the same |
24 | or another position, precisely the same procedure shall be |
25 | followed. |
26 | (c) A vacancy in an existing position in the police force or |
27 | as a paid operator of fire apparatus which occurs as a result of |
28 | retirement, resignation, disability or death may be filled by |
29 | the township commissioners by the reappointment or reinstatement |
30 | of a former employe of the police force or fire department who |
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1 | had previously complied with the provisions of this section. No |
2 | examination, other than a physical examination as directed by |
3 | the Civil Service Commission, shall be required in a case of |
4 | reappointment or reinstatement to the force or department with |
5 | which the employe previously served, except at the discretion of |
6 | the township commissioners or as otherwise required by law. |
7 | (d) In the case of a vacancy in the office of chief of |
8 | police or chief of the fire department or equivalent official, |
9 | the township commissioners may nominate a person to the |
10 | commission. It shall thereupon become the duty of the commission |
11 | to subject [such] the person to a non-competitive examination | <-- |
12 | and if [such] the person shall be certified by the commission as | <-- |
13 | qualified he may then be appointed to [such] the position and | <-- |
14 | thereafter shall be subject to all the provisions of this |
15 | subdivision. |
16 | Section 4. Section 640 of the act, amended May 17, 1972 |
17 | (P.L.293, No.72), is amended to read: |
18 | Section 640. Probation Period.--All original appointments to |
19 | any position in the police force or as paid operators of fire |
20 | apparatus shall be for a probationary period of not less than |
21 | six months and not more than one year, but during the |
22 | probationary period an appointee may be dismissed only for a |
23 | cause specified in [subdivision 637 of this subsection.] section |
24 | 637 of this act or because of incapacity for duty due to the use |
25 | of alcohol or drugs. If at the close of a probationary period |
26 | the conduct or fitness of the probationer has not been |
27 | satisfactory to the township commissioners, the probationer |
28 | shall be notified in writing that he will not receive a |
29 | permanent appointment[. Thereupon, his], and the appointment | <-- |
30 | shall cease[; otherwise,]. If the probationer is not notified or | <-- |
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1 | dismissed in accordance with this section, his retention shall |
2 | be equivalent to a permanent appointment. |
3 | Section 5. Section 642 of the act, added May 27, 1949 | <-- |
4 | (P.L.1955, No.569), is amended to read: |
5 | Section 642. Promotions.--Promotions in the police force or |
6 | fire department shall be based on merits to be ascertained by |
7 | examinations to be prescribed by the commission. All questions, |
8 | relative to promotions shall be practical in character and such |
9 | as will fairly test the merit and fitness of persons seeking |
10 | promotion. The township commissioners shall notify the |
11 | commission of a vacancy on the police force or fire department |
12 | which is to be filled by promotion and shall request the |
13 | certification of an eligibility list. The commission shall |
14 | certify for each vacancy the names of the three persons on the |
15 | eligibility list who have received the highest average in the |
16 | last promotion examination held within a period of two years |
17 | preceding the date of the request for the eligibility list. If |
18 | three names are not available, the commission shall certify the |
19 | names remaining on the eligibility list. The township |
20 | commissioners shall make an appointment from the names certified |
21 | based solely on the merits and fitness of the candidate unless |
22 | the township commissioners make objections to the commission |
23 | regarding any person on the eligibility list for any reason |
24 | provided under section 637. |
25 | The township commissioners shall have power to determine in |
26 | each instance whether an increase in salary shall constitute a |
27 | promotion. |
28 | Section 5 6. Section 643 of the act, amended December 4, | <-- |
29 | 1980 (P.L.1101, No.188), is amended to read: |
30 | Section 643. Physical and Psychological Medical |
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1 | Examinations.--[All applicants for examination shall undergo a |
2 | physical examination as provided in section 635 which shall be |
3 | conducted under the supervision of a doctor of medicine |
4 | appointed by the commission. No person shall be eligible for |
5 | appointment until said doctor certifies that the applicant is |
6 | free from any bodily or mental defects, deformity or disease |
7 | that might incapacitate him from the discharge of the duties of |
8 | the position desired.] (a) An applicant selected from the |
9 | eligibility list shall receive a conditional offer of |
10 | employment. The offer of employment shall be conditioned upon |
11 | the conditional employee undergoing a physical and psychological |
12 | medical examination and a determination that the conditional |
13 | employee is capable of performing all the essential functions of |
14 | the position. Physical medical examinations shall be under the |
15 | direction of a physician or other qualified medical |
16 | professional. Psychological medical examinations shall be under |
17 | the direction of a psychiatrist or psychologist. |
18 | (b) The physician or other qualified medical professional |
19 | and the psychiatrist or psychologist shall be appointed by the |
20 | township commissioners and shall render an opinion as to whether |
21 | the conditional appointee has a physical or mental condition |
22 | which calls into question his or her the person's ability to | <-- |
23 | perform all of the essential functions of the position for which |
24 | he or she the person was conditionally appointed. | <-- |
25 | (c) If the opinion rendered by the medical examiner | <-- |
26 | physician, other qualified medical professional, psychiatrist or | <-- |
27 | psychologist calls into question the conditional appointee's |
28 | ability to perform all essential functions of a position, a |
29 | person or persons designated by the township commissioners shall | <-- |
30 | meet with the conditional appointee for the purpose of having |
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1 | one or more interactive discussions focused on the issue of on | <-- |
2 | whether the conditional appointee can, with or without |
3 | reasonable accommodation, perform all the essential functions of |
4 | the position. |
5 | (d) If, at the conclusion of the interactive discussion |
6 | process under subsection (c), the township commissioners | <-- |
7 | determine that the conditional appointee is not qualified, the |
8 | township commissioners shall give written notice to the |
9 | conditional appointee and the Civil Service Commission. |
10 | (e) Nothing in this act shall be construed as authorizing to | <-- |
11 | authorize physical or psychological medical examinations prior |
12 | to conditional appointment. |
13 | (f) As used in this section, the term "medical the following | <-- |
14 | definitions shall apply: |
15 | "Medical examination" shall mean any examination, procedure, |
16 | inquiry or test designed to obtain information about medical |
17 | history or a physical or mental condition which might disqualify |
18 | an applicant if it would prevent the applicant from performing, |
19 | with or without a reasonable accommodation, all of the essential |
20 | functions of the position. |
21 | "Physician" shall have the meaning given to it in 1 Pa.C.S. § | <-- |
22 | 1991 (relating to definitions). |
23 | "Qualified medical professional" shall mean an individual, in |
24 | collaboration with or under the supervision or direction of a |
25 | physician, as may be required by law, who is licensed: |
26 | (1) as a physician assistant pursuant to the act of December |
27 | 20, 1985 (P.L.457, No.112), known as the "Medical Practice Act |
28 | of 1985," or the act of October 5, 1978 (P.L.1109, No.261), |
29 | known as the "Osteopathic Medical Practice Act"; or |
30 | (2) as a certified registered nurse practitioner pursuant to |
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1 | the act of May 22, 1951 (P.L.317, No.69), known as "The |
2 | Professional Nursing Law." |
3 | Section 6 7. Nothing contained in the amendment of sections | <-- |
4 | 635, 637, 638, 640, 642 and 643 of the act shall affect the | <-- |
5 | validity of any civil services appointments or promotions made | <-- |
6 | prior to the effective date of this section. |
7 | Section 7 8. This act shall take effect immediately. | <-- |
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