Bill Text: PA SB506 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for chief deputy, for deputies and clerks, for public list of applicants for deputy sheriff, for penalties and for sheriff's employees and counties of the second class; and repealing provisions relating to appointment and promotion of deputy sheriffs in second class counties.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2011-02-11 - Referred to LOCAL GOVERNMENT [SB506 Detail]

Download: Pennsylvania-2011-SB506-Introduced.html

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PRINTER'S NO. 506
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 506 Session of2011
INTRODUCED BY COSTA, FONTANA, BREWSTER, FERLO, KITCHEN, LEACH AND WASHINGTON, FEBRUARY 11, 2011
REFERRED TO LOCAL GOVERNMENT, FEBRUARY 11, 2011
AN ACT
Amending the act of July 28, 1953 (P.L.723, No.230), entitled,
as amended, "An act relating to counties of the second class
and second class A; amending, revising, consolidating and
changing the laws relating thereto," further providing for
chief deputy, for deputies and clerks, for public list of
applicants for deputy sheriff, for penalties and for
sheriff's employees and counties of the second class; and
repealing provisions relating to appointment and promotion of
deputy sheriffs in second class counties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1203, 1205 and 1209 of the act of July
28, 1953 (P.L.723, No.230), known as the Second Class County
Code, are amended to read:
Section 1203. Chief Deputy.--The sheriff of the county shall
appoint in accordance with section 1216, by commission duly
recorded in the [office for recording deeds] department of real
estate, a chief deputy, whose appointment shall be revocable by
the sheriff at pleasure on recording in said [office] department
a signed revocation thereof. The chief deputy, during his
continuance in office, shall have full power and authority to
perform any duty incumbent upon such sheriff with like effect in
law as if such official act had been done by the sheriff in
person, regardless of the ability or temporary disability of
such sheriff to act while such sheriff continues in office.
Nothing in this section shall operate to relieve such sheriff or
his sureties from liability upon their official bond.
Section 1205. Deputies and Clerks.--The sheriff of the
county may appoint in accordance with section 1216 such deputies
and clerks as may be necessary to properly transact the business
of his office. [He may revoke the appointment of deputies in the
same manner as his chief deputy.]
Section 1209. Public List of Applicants for Deputy
Sheriff.--The sheriff shall, from time to time, prepare a list
of the names of all persons who have applied for appointment as
deputy sheriff and who meet the qualifications hereinbefore
prescribed. Such list shall be posted in a public place for a
period of not less than ten days, and thereafter shall be filed
in the [office of the prothonotary] department of court records
- civil division. No deputies shall be appointed by the sheriff
whose names do not appear on said list.
Section 2. Section 1216 of the act, added January 27, 1998
(P.L.1, No.1), is amended to read:
Section 1216. Sheriff's Employes, Counties of Second
Class.--(a) Appointment and promotion of deputies and other
employes in the office of sheriff of a county of the second
class shall be made in the manner provided by the act of May 31,
1974 (P.L.296, No.94), entitled "An act providing for the
appointment, promotion, reduction in rank, suspension, furlough,
discharge and reinstatement of deputy sheriffs in counties of
the second class; extending civil service coverage to such
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deputies; and providing penalties," except as otherwise provided
in this section.
(b) Whenever a vacancy is likely to occur or is to be filled
in a permanent position in the office of sheriff, the sheriff
shall submit to the [civil service commission] department of
human resources a statement indicating the position to be
filled. The [civil service commission] department of human
resources shall thereupon certify to the sheriff the names of
the three eligibles willing to accept appointment who are
highest, according to the results of the written examination, on
the appropriate promotion list or employment list, whichever is
in existence. If there are less than three eligibles on
appropriate eligible lists who are willing to accept
appointment, the [civil service commission] department of human
resources shall certify all the names on these lists. If upon
inquiry by the [civil service commission] department of human
resources or appropriate authority any person on any promotion
or employment list is found to be not available for promotion or
appointment, the person's name shall not for the time being be
considered among the names from which a promotion or appointment
is to be made.
(c) Appointees shall be selected for each existing vacancy
from the eligible list in the order of names of the three
persons thereon who have received the highest average on the
written examination. Examinations shall be administered for
positions of the rank of [captain] lieutenant and below, and
[appointments shall be made in the order of names of] interviews
shall be conducted with the three persons who have received the
highest average. Appointments shall be made from among the three
persons who received the highest average combined score of the
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examination and interview.
(d) Civil service examinations to test applicants shall
relate to such matters and include such inquiries as will fairly
test the merits and fitness of the persons examined to discharge
the duties of employment.
(e) Probationary appointments to positions in the force may,
notwithstanding section 6 of the act of May 31, 1974 (P.L.296,
No.94), be terminated, for cause, prior to completion of the
nine-month probationary period.
(f) Notwithstanding the provisions of section 1(c) of the
act of May 31, 1974 (P.L.296, No.94), all positions of the rank
of [captain] lieutenant and below shall be classified as
competitive, thereby extending civil service coverage to such
lieutenants in the applicable bargaining unit. Persons holding
positions of [captain] lieutenant or below on the effective date
of this section shall continue to occupy those positions but
shall fulfill the requirements of any future promotions on and
after the effective date of this amendment. New openings for a
vacancy in the position of [captain] lieutenant and below shall
be classified as competitive on and after the effective date of
this section.
(g) In no case shall an applicant for promotion to the
position of sergeant in the sheriff's office be considered until
the applicant shall have first served three years in the
sheriff's [department] office as a deputy sheriff. No member of
the sheriff's office shall be eligible to take any promotional
examination for the position of sergeant until after serving
three (3) years in the sheriff's office as a deputy sheriff. No
member of the sheriff's office shall be eligible to take a
promotional examination for the position of lieutenant unless
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the member holds the position of sergeant in the sheriff's
office. Each member of the sheriff's [department] office shall
have his examination mark or grade increased by an additional
one-half point for each year he served in the sheriff's
[department] office, but such additional points shall not exceed
ten points. Points shall be added to the mark or grade of only
those members passing the examination.
(h) All applicants for examination shall undergo a physical
examination which shall be conducted under the supervision of a
doctor of medicine. No person shall be eligible for appointment
until a doctor certifies to the [commission] department of human
resources or appropriate authority that the applicant is free
from any [bodily or mental defects, deformity or disease that
might incapacitate] physical or mental conditions which would
preclude him or her from the discharge of the duties of the
position desired in the sheriff's [department] office.
Section 3. This act shall take effect in 60 days.
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