| HOUSE AMENDED |
| PRIOR PRINTER'S NOS. 1099, 1235, 1631 | PRINTER'S NO. 1755 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY ROBBINS, ERICKSON, EICHELBERGER, STOUT AND WOZNIAK, JUNE 5, 2009 |
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| AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 10, 2010 |
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| AN ACT |
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1 | Amending the act of June 5, 1941 (P.L.84, No.45), entitled "An |
2 | act providing for and regulating the appointment, promotion |
3 | and reduction in rank, suspension and removal of paid members |
4 | of the police force in boroughs, incorporated towns and |
5 | townships of the first class maintaining a police force of |
6 | not less than three members; creating a civil service |
7 | commission in each borough, incorporated town and township of |
8 | the first class; defining the duties of such civil service |
9 | commission; imposing certain duties and expense on boroughs, |
10 | incorporated towns and townships of the first class; imposing |
11 | penalties, and repealing inconsistent laws," further |
12 | providing for general provisions relating to examinations, |
13 | for rejection of applicant and hearing, for manner of filling |
14 | appointments, for probationary period, for promotions and for | <-- |
15 | physical examinations. |
16 | The General Assembly of the Commonwealth of Pennsylvania |
17 | hereby enacts as follows: |
18 | Section 1. Section 11 of the act of June 5, 1941 (P.L.84, |
19 | No.45), entitled "An act providing for and regulating the |
20 | appointment, promotion and reduction in rank, suspension and |
21 | removal of paid members of the police force in boroughs, |
22 | incorporated towns and townships of the first class maintaining |
23 | a police force of not less than three members; creating a civil |
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1 | service commission in each borough, incorporated town and |
2 | township of the first class; defining the duties of such civil |
3 | service commission; imposing certain duties and expense on |
4 | boroughs, incorporated towns and townships of the first class; |
5 | imposing penalties, and repealing inconsistent laws," amended |
6 | October 17, 1980 (P.L.1080, No.181), is amended to read: |
7 | Section 11. General Provisions Relating to Examinations.-- |
8 | (a) Each commission shall make rules and regulations, to be |
9 | approved as provided in section 6 hereof, providing for the |
10 | examination of applicants for positions in the police force and |
11 | for promotions therein, which rules and regulations shall |
12 | prescribe the minimum qualifications of all applicants to be |
13 | examined and the passing grades. All examinations for positions |
14 | or promotions in the police force of any municipality shall be |
15 | practical in character and shall relate to such matters and |
16 | include such inquiries as will fairly test the merit and fitness |
17 | of the persons examined to discharge the duties of the |
18 | employment sought by them. All examinations shall be open to all |
19 | applicants who have the minimum qualifications required by the |
20 | rules and regulations. Each applicant for examination shall: |
21 | (1) be subject to the regulations adopted by the commission |
22 | [and shall be required to submit to a physical examination]; |
23 | (2) either before or after [being admitted to the regular |
24 | examination held by the commission.] the written examination, be |
25 | required to submit to a physical fitness or agility examination |
26 | that is job-related and consistent with business necessity; and |
27 | (3) if made a conditional offer of employment, be given a |
28 | physical and psychological medical examination in accordance |
29 | with section 19 of this act. |
30 | (b) Public notice of the time and place of every |
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1 | examination, together with the information as to the kind of |
2 | position or place to be filled, shall be given by publication |
3 | once in a newspaper of general circulation in the municipality |
4 | or in a newspaper circulating generally in the municipality at |
5 | least two weeks prior to each examination, and a copy of the |
6 | notice shall be prominently posted in the office of the |
7 | commission or other public place. |
8 | (c) The commission shall post in its office the eligible |
9 | list containing the names and grades of those who have passed |
10 | the examination for position under this act. [Persons, male or |
11 | female, who served in the military or naval service of the |
12 | United States during any war in which the United States has |
13 | been, is now or shall hereafter be engaged, and who have |
14 | honorable discharges from such service, who have successfully |
15 | passed the examination, shall be given the additional credits |
16 | and preference in appointment and promotion provided for by any |
17 | law of this Commonwealth.] |
18 | Section 2. Sections 13, 14 and 16, 16 and 18 of the act are | <-- |
19 | amended to read: |
20 | Section 13. Rejection of Applicant; Hearing.--(a) The |
21 | commission may refuse to examine any applicant, or, if examined, |
22 | may refuse to certify after examination as eligible anyone who |
23 | is found to lack any of the minimum qualifications for |
24 | examination prescribed in the rules and regulations adopted for |
25 | the position or employment for which he has applied, or who is |
26 | physically [disabled and] unfit for the performance of the |
27 | duties of the position to which he seeks employment, or [who is |
28 | addicted to the habitual use of intoxicating liquors or drugs] |
29 | who is illegally using a controlled substance, as defined in |
30 | section 102 of the Controlled Substances Act (Public Law 91-513, |
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1 | 21 U.S.C. § 802), or who has been guilty of any crime involving |
2 | moral turpitude or of infamous or notorious disgraceful conduct, |
3 | or who has been dismissed from public service for delinquency or |
4 | misconduct in office, or who is affiliated with any group whose |
5 | policies or activities are subversive to the form of government |
6 | set forth in the constitutions and laws of the United States and |
7 | Pennsylvania. |
8 | (b) If any applicant or person feels himself aggrieved by |
9 | the action of the commission in refusing to examine him or to |
10 | certify him as eligible after examination the commission shall |
11 | at the request of such person, within ten (10) days, appoint a |
12 | time and place where he may appear personally and by counsel, |
13 | whereupon the commission shall then review its refusal to make |
14 | such examination or certification and take such testimony as may |
15 | be offered. The decision of the commission shall be final. |
16 | Section 14. Eligibility List and Manner of Filling |
17 | Appointments.--(a) At the completion of the testing process, |
18 | including any background, physical agility or other |
19 | examinations, with the exception of physical and psychological |
20 | medical examinations pursuant to section 19 of this act, the |
21 | commission shall rank the candidates who have satisfied the |
22 | minimum requirements for appointment on an eligibility list. The |
23 | eligibility list shall contain the names of individuals eligible |
24 | for appointment listed from highest to lowest based on their |
25 | scores on the examinations administered by the commission and |
26 | any points for which the applicant was entitled by virtue of 51 |
27 | Pa.C.S. Ch. 71 (relating to veterans' preference). The |
28 | eligibility list shall be valid for one year from the date the |
29 | commission ranks all passing applicants, assigns veterans' |
30 | preference points and formally adopts the eligibility list. The |
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1 | commission may, at its sole discretion before the original |
2 | expiration date, by a vote of the majority of the commission at |
3 | a duly authorized commission meeting, extend the list for up to |
4 | an additional twelve months. In the absence of a lawful |
5 | extension by the commission, the list shall expire. |
6 | (b) Every position or employment, except that of chief of |
7 | police or equivalent official, unless filled by promotion, |
8 | reinstatement or reduction shall be filled only in the following |
9 | manner: the appointing officer or body of the municipality shall |
10 | notify the commission of any vacancy in the police force which |
11 | is to be filled and shall request the certification of a list of |
12 | eligibles. The commission shall certify for each existing |
13 | vacancy from the eligible list the names of three persons |
14 | thereon who have received the highest average in the last |
15 | preceding examination [held within a period of one year next |
16 | preceding the date of the request for such eligibles]. The |
17 | appointing officer or body shall thereupon with sole reference |
18 | to the merits and fitness of the candidates make [an] a |
19 | conditional appointment from the three names certified unless he |
20 | or they make objections to the commission as to one or more of |
21 | the persons so certified for any of the reasons stated in |
22 | section 13 of this act. Should such objections be sustained by |
23 | the commission as provided in said section, or if the |
24 | conditional appointee is determined to be unqualified in |
25 | accordance with the procedures set forth in section 19 of this |
26 | act, the commission shall thereupon strike the name of such |
27 | person from the eligible list and certify the next highest name |
28 | for each name stricken off. As each subsequent vacancy occurs in |
29 | the same or another position precisely the same procedure shall |
30 | be followed. |
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1 | (c) In the case of a vacancy in the office of chief of |
2 | police or equivalent official the appointive power may nominate |
3 | a person to the commission. It shall thereupon become the duty |
4 | of the commission to subject such person to a noncompetitive |
5 | examination, and, if such person shall be certified by the |
6 | commission as qualified, he may then be appointed to such |
7 | position and thereafter shall be subject to all the provisions |
8 | of this act. |
9 | Section 16. Probationary Period.--All original appointments |
10 | to any position in the police force shall be for a probationary |
11 | period of six months, but during the probationary period an |
12 | appointee may be dismissed only for a cause specified in section |
13 | 13 of this act or because of incapacity for duty due to the use |
14 | of alcohol or drugs. If at the close of a probationary period |
15 | the conduct or fitness of the probationer has not been |
16 | satisfactory to the appointing officer or body the probationer |
17 | shall be notified in writing that he will not receive a |
18 | permanent appointment. Thereupon his appointment shall cease; |
19 | otherwise his retention shall be equivalent to a permanent |
20 | appointment. |
21 | Section 18. Promotions.--Promotions shall be based on merits | <-- |
22 | to be ascertained by examinations to be prescribed by the |
23 | commission. All questions relative to promotions shall be |
24 | practical in character and such as will fairly test the merit |
25 | and fitness of persons seeking promotion. The appointing officer |
26 | or body shall notify the commission of a vacancy in the police |
27 | force which is to be filled by promotion and shall request the |
28 | certification of a list of eligibles. The commission shall |
29 | certify for each existing vacancy, from the eligible list, the |
30 | names of three persons on the list who have received the highest |
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1 | average in the last preceding promotional examination held |
2 | within a period of two years next preceding the date of the |
3 | request for eligibles. If three names are not available, the |
4 | commission shall certify the names remaining on the list. The |
5 | appointing officer or body shall then, with sole reference to |
6 | the merits and fitness of the candidates, make an appointment |
7 | from the names certified unless the appointing officer or body |
8 | makes objections to the commission as to one or more of the |
9 | persons certified. |
10 | The appointing officer or body shall have power to determine |
11 | in each instance whether an increase in salary shall constitute |
12 | a promotion. |
13 | Section 3. Section 19 of the act, amended October 17, 1980 |
14 | (P.L.1078, No.181), is amended to read: |
15 | Section 19. Physical and Psychological Medical |
16 | Examinations.--[All applicants for examination shall undergo a |
17 | physical examination as provided in section 11 which shall be |
18 | conducted under the supervision of a doctor of medicine |
19 | appointed by the civil service commission. No person shall be |
20 | eligible for appointment until said doctor certifies that the |
21 | applicant is free from any bodily or mental defects, deformity, |
22 | or disease that might incapacitate him from the discharge of the |
23 | duties of the position desired.] (a) An applicant selected from |
24 | the eligibility list shall receive a conditional offer of |
25 | employment. The offer of employment shall be conditioned upon |
26 | the conditional appointee undergoing a physical and |
27 | psychological medical examination and a determination that the |
28 | conditional appointee is capable of performing all the essential |
29 | functions of the position. Physical medical examinations shall |
30 | be under the direction of a physician or other qualified medical |
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1 | professional. Psychological medical examinations shall be under |
2 | the direction of a psychiatrist or psychologist. |
3 | (b) The physician or other qualified medical professional |
4 | and the psychiatrist or psychologist shall be appointed by |
5 | council and shall render an opinion as to whether the |
6 | conditional appointee has a physical or mental condition which |
7 | calls into question his or her ability to perform all of the |
8 | essential functions of the position for which he or she was |
9 | conditionally appointed. |
10 | (c) If the opinion rendered by the physician, other |
11 | qualified medical professional, psychiatrist or psychologist |
12 | calls into question the conditional appointee's ability to |
13 | perform all essential functions of a position, a person or |
14 | persons designated by the appointing officer or body shall meet |
15 | with the conditional appointee for the purpose of having one or |
16 | more interactive discussions focused on the issue of whether the |
17 | conditional appointee can, with or without reasonable |
18 | accommodation, perform all the essential functions of the |
19 | position. |
20 | (d) If, at the conclusion of the interactive discussion |
21 | process, the appointing officer or body determines that the |
22 | conditional appointee is not qualified, the appointing officer |
23 | or body shall give written notice to the conditional appointee |
24 | and the commission. |
25 | (e) Nothing in this act shall be construed as authorizing |
26 | physical or psychological medical examinations prior to |
27 | conditional appointment. |
28 | (f) As used in this section, the following definitions shall |
29 | apply: |
30 | "Medical examination" shall mean an examination, procedure, |
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1 | inquiry or test designed to obtain information about medical |
2 | history or a physical or mental condition which might disqualify |
3 | an applicant if it would prevent the applicant from performing, |
4 | with or without a reasonable accommodation, all of the essential |
5 | functions of the position. |
6 | "Physician" shall have the meaning given to it in 1 Pa.C.S. § |
7 | 1991 (relating to definitions). |
8 | "Qualified medical professional" shall mean an individual, in |
9 | collaboration with or under the supervision or direction of a |
10 | physician, as may be required by law, who is licensed: |
11 | (1) as a physician assistant pursuant to the act of December |
12 | 20, 1985 (P.L.457, No.112), known as the "Medical Practice Act |
13 | of 1985," or the act of October 5, 1978 (P.L.1109, No.261), |
14 | known as the "Osteopathic Medical Practice Act"; or |
15 | (2) as a certified registered nurse practitioner pursuant to |
16 | the act of May 22, 1951 (P.L.317, No.69), known as "The |
17 | Professional Nursing Law." |
18 | Section 4. Nothing contained in the amendment of section 11, |
19 | 13, 14, 16 or 19 of this act shall affect the validity of any |
20 | civil service appointment made prior to the effective date of |
21 | this section. Nothing contained in the amendment of section 11 | <-- |
22 | or 18 of the act shall affect the validity of any civil service |
23 | promotions made prior to the effective date of this section. |
24 | Section 5. This act shall take effect immediately. |
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