Pennsylvania § 1944 - Eligibility list and manner of filling appointments.

§ 1944. Eligibility list and manner of filling appointments.

(a) Rank.--

(1) The civil service commission shall rank the candidates who have satisfied the minimum requirements for appointment on an eligibility list at the completion of the testing process, including a physical agility or other examination, except for a background investigation to be conducted after the establishment of an eligibility list and a physical and psychological medical examination under section 1949 (relating to physical and psychological medical examinations).

(2) The eligibility list shall contain the names of individuals eligible for appointment listed from highest to lowest based on the individual's scores on the examinations administered by the civil service commission and any points for which the applicant was entitled under 51 Pa.C.S. Ch. 71 (relating to veterans' preference).

(3) The eligibility list shall be valid for one year from the date the civil service commission formally adopts the eligibility list. Prior to expiration of the one-year period, the civil service commission may extend the validity of the eligibility list for up to an additional 12 months by a majority vote of the civil service commission at a duly authorized civil service commission meeting. In the absence of a lawful extension by the civil service commission, the list shall expire.

(b) Filling of a position.--Except as provided under subsection (c), an original position or employment in the police force or as a paid firefighter, except for the chief of police or chief of the fire department or an equivalent official, shall be filled only in the following manner:

(1) The board of commissioners shall notify the civil service commission of a vacancy which is to be filled and shall request the certification of an eligibility list.

(2) For each vacancy, the civil service commission shall certify three individuals from the eligibility list, or a fewer number of individuals if three individuals are not available, who have received the highest average for the vacancy.

(3) The board of commissioners shall make a conditional appointment from the certified individuals by the civil service commission based solely on the merits and fitness of the certified individuals, unless the board of commissioners objects to the civil service commission regarding one or more of the certified individuals for a cause specified under section 1943 (relating to rejection of applicant and hearing).

(4) If objections are sustained by the civil service commission under paragraph (3), or if the conditional appointee is determined to be unqualified in accordance with the procedures under section 1949, the civil service commission shall strike the name of the individual from the eligibility list and certify the next highest individual from names stricken from the eligibility list.

(b.1) Subsequent vacancy.--The procedure under subsection (b) shall be used to fill each subsequent vacancy that occurs in the same or another position.

(c) Reappointment or reinstatement.--A vacancy in an existing position in the police force or as a paid firefighter which occurs as a result of retirement, resignation, disability or death may be filled by the board of commissioners by the reappointment or reinstatement of a former employee of the police force or fire department who had previously complied with this section. An examination, other than a physical examination as directed by the civil service commission, may not be required for reappointment or reinstatement to the force or department with which the employee previously served, except at the discretion of the board of commissioners or as required by law.

(d) Chief of police or chief of fire department.--For a vacancy in the office of chief of police or chief of the fire department or equivalent official, the board of commissioners may nominate an individual to the civil service commission. The civil service commission shall subject the nominee to a noncompetitive examination. If the nominee is certified by the civil service commission as qualified, the nominee may be appointed to the position and shall be subject to the provisions of this subchapter.

Cross References. Section 1944 is referred to in sections 1941, 1947 of this title.