« PreviousContinue »
mayor may at any time remove a commissioner, for good cause, which shall be stated in writing and made a part of the records of the Commission, and fill such vacancy, or any other vacancy which may occur in said Commission, by appointment of a successor to serve for the remainder of the unexpired term. The commissioners shall hold no other office under the United States, the Commonwealth of Pennsylvania, or any city or county thereof. The president of the Commission shall receive a salary of five thousand dollars per year. Each of the other commissioners shall be paid a salary of three thousand dollars per year. The commissioners shall qualify by filing with the mayor an oath to perform faithfully the duties of their office.
Section 3. The Civil Service Commission in each city shall employ a chief examiner and such other clerks, examiners, and employes as it may deem necessary or proper to carry out the purposes of this act. The clerks, examiners, and employes shall receive salaries to be fixed by the Civil Service Commission and approved by the mayor. Councils shall annually appropriate the sums necessary for the work of the Commission. The Commission shall not expend, or authorize the expenditure of, moneys for any purpose, in excess of the sums appropriated therefor by law.
Section 4. No officer or officers, having the power of appointment to, or employment in, the Civil Ser: vice of any city of the first class, shall, after the first day of March, one thousand nine hundred and six, select or appoint any person for appointment, employment, promotion, or reinstatement except in accordance with the provisions of this act and the rules and regulations prescribed thereunder: Provided, That the power of the mayor to appoint special police. men, in times of emergency or riot, as provided in article three, section one, of the act of June fifteenth, one thousand eight hundred and eighty-five, entitled “An act to provide for the better government of cities of the first class in this Commonwealth," shall remain as heretofore.
Section 5. It shall be the duty of the mayor and heads of departments of every city of the first class to cause suitable and convenient rooms and accommodations to be assigned or provided, and to be fur. nished, heated and lighted, for carrying on the work and examinations of the Civil Service Commission. The Civil Service Commission may order from the proper authorities the necessary stationery, postage stamps and official seal and other articles to be supplied, and the necessary printing to be done, for its
Rooms and ac-
Powers and duties
It shall be the duty of the officers of Duty of officers to every city of the first class to aid the said Civil Ser- sion. vice Commission in all proper ways in carrying out the provisions of this act, and to allow the reasonable use of public buildings, and to heat and light the same for holding examinations and investigations, and in all proper ways to facilitate the same.
Section 6. The Civil Service Commission in each of the Commiscity of the first class shall:
Rules and regulaFirst.-Prescribe, amend, and enforce rules and regulations for carrying into effect the provisions of this act. All rules so prepared may, from time to time, be added to, amended or rescinded: Provided, Proviso. That all rules shall be approved by the mayor before they go into effect; but, when so approved, shall not be annulled or changed except by the Commission, with the approval of the mayor.
Second.-Keep minutes of its own proceedings, and Minutes and records of its examinations and other official action, All recommendations of applicants for office, received by the said Commission, or by any officer having authority to make appointments to office, shall be kept and preserved; and all such records, recommendations of former employers excepted, and all written causes of removal filed with it, shall, subject to reas
Inspection. onable regulation, be open to public inspection.
Third. - Make investigations, either sitting as a Investigations. body or through a single commissioner, concerning all matters touching the enforcement and effect of the provisions of this act, and the rules and regulations prescribed thereunder; concerning the action of any examiner or subordinate of the Commission, and any person in the public service, in respect to the execution of this act; and, in the course of such investigations, each commissioner and the chief examiner shall have power to administer oaths and affirmations, and to take testimony.
Fourth.-Have power to subpoena and require the Subpoenas. attendance in this State of witnesses, and the production thereby of books and papers pertinent to the investigations and inquiries hereby authorized, and to examine them and such public records as it shall require in relation to any matter which it has the authority to investigate. The fees of such witnesses Witness lees. for attendance and travel shall be the same as for witnesses before the courts of common pleas, and shall be paid from the appropriation for the incidental expenses of the Commission. All officers in the public service, and their deputies, clerks, subordinates and employes, shall attend and testify when required to do so by said Commission. Any disobedience to, or neglect of, any subpoena issued by the said com- Neglect. missioners, or any one of them, to any person, shall
Contempt of court.
Process of court.
Recommendation of impeachment or removal.
be held a contempt of court, and shall be punished by any court of common pleas of this Commonwealth as if such subpoena had been issued therefrom. Any Judge of any of said courts shall, upon the application of any one of said commissioners, in such cases, cause the process of said court to issue to compel such person or persons, disobeying or neglecting any such subpoena, to appear and to give testimony before the said commissioners, or any one of them, and shall have power to punish any such contempt.
Fifth.—They shall also have power to recommend impeachment or removal of officials or employes who shall be deemed guilty by a majority of the commissioners, after a full hearing, of the charges that they have coerced or attempted to coerce their subordinates in the performance or non-performance of a political or other service having no relation to the duties of a municipal employe. Such recommendation shall be made, in writing, to the body having the power to impeach, or to the person who appointed the accused official or employe.
Sixth.-Make an annual report to the mayor, showing its own actions; the rules and regulations, and all the exceptions thereto, in force; and the practical effects thereof; and any suggestions it may approve for the more effectual accomplishment of the purposes of this act. Five hundred copies of the annual report shall be printed for public distribution.
Section 7. The civil service of the cities of the first class shall be divided into the unclassified service and the classified service. The unclassified service shall comprise:
All officers elected by the people.
All heads of departments, whose appointment is subject to confirmation by the select council thereof.
All persons appointed by name in any statute.
The classified service shall comprise all persons not included in the unclassified service.
Section 8. The Civil Service Commission in each Rules and regula- city shall make rules and regulations providing for
examinations for positions in the classified service of each city, and for appointments to and promotions therein, and for such other matters as are necessary to carry out the purposes of this act. Due notice of the contents of such rules and regulations, and of any modification thereof, shall be given by mail, in due season, to appointing officers and heads of departments affected thereby; and said rules and regulations, and modifications thereof, shall also be printed for public distribution. All original appointments to
the competitive and non-competitive classes of the Probation.
classified service shall be for a probationary period of three months: Provided, however, That at any
Division of service
tions as to examination.
Notice to officials.
time during the probationary period, the appointee may be dismissed for just cause, in the manner provided in section twenty. If at the close of this probationary term, the conduct or capacity of the probationer has not been satisfactory to the appointing
Notice to probaofficer, the probationer shall be notified in writing tioner. that he will not receive absolute appointment, whereupon his employment shall cease; otherwise, his re tention in the service shall be equivalent to his final appointment.
Section 9. All examinations for positions in the characters of exclassified service shall be practical in their character, and shall relate to those matters which will fairly test the qualifications and fitness of the persons examined to discharge the duties of the office or employment sought by them. All examinations shall be be free. free, and open to all applicants who have fulfilled the preliminary requirements stated in section ten of this act. The examinations of applicants for employment Laborers,
. as laborers shall relate to their capacity for labor, their habits as to sobriety and industry, and their experiences in the kind of work for which they apply. All applicants for any position in the classified service may, subject to the regulations adopted by the Civil Service Commission, be required to submit to a physical examination before being admitted to the Physical examinregular examinations held by the Commission. Adequate public notice of the time and place of every examination held under the provisions of this act, together with information as to the kind of position or place to be filled, shall be given at least two weeks prior to such examinations. The said Commission shall adopt reasonable regulations for permitting the Publicity. presence of representatives of the press at the examinations. The names of the candidates passing any
Standing of eligiexamination, and the order of their standing on any bles. eligible list, shall be made part of the public records of the Civil Service Commission.
Section 10. The Civil Service Commission in each city shall require persons applying for admission to any examination provided for under this act or under the rules and regulations of the said Commission, to file in its office, a reasonable time prior to the proposed examination, a formal application, in which the applicant shall state under oath or affirmation:
1.-His full name, residence, and postoffice address. Formal applica
2.-His citizenship, age, and the place and date of his birth.
3.—His health, and his physical capacity for public service.
4.—His business and employments and residences for at least the three previous years.
5.-Such other information as may reasonably be
Blank forms of application.
Refusal to examine or to certify.
required, touching the applicant's qualifications and fitness for the public service.
Blank forms for such applications shall be furnished by the said Commission, without charge, to all persons requesting the same. The said Commission may require, in connection with such application, such certificates of citizens, physicians or others, having knowledge of the applicant, as the good of the service may require. The said Commission may refuse to examine an applicant, or, after examination, to certify an eligible, who is found to lack any of the established preliminary requirements for the examination or position or employment for which he applies; or who is physically so disabled as to be rendered unfit for the performance of the duties of the position to which he seeks appointment; or who is addicted to the habitual use of intoxicating liquors or drugs; or who has been guilty of any crime, or of infamous or notoriously disgraceful conduct; or who has been dismissed from the public service for delinquency or misconduct; or who has made a false statement of any material fact, or practiced or attempted to practice any deception or fraud, in his application, in his examination, or in securing his eligibility. If any applicant feels himself aggrieved by the action of the Commission in so refusing to examine him, or, after an examination, to certify him as an eligible as provided in this section, the Commission shall, at
the request of such applicant, appoint a time and Request for pud- place for a public hearing; at which time such appli
cant may appear, by himself or counsel, or both, and the Commission shall then review its refusal to make such examination or certification, and testimony shall be taken. The Commission shall subpoena any competent witnesses requested by the applicant. After such review, the Commission shall file the testimony taken, in its records, and shall again make a decision,
which shall be final. When any position to be filled Fiduciary respon- involves fiduciary responsibility, the appointing offi
cer may require the appointee to furnish a bond or other security, and shall notify the Commission of
the amount and other details thereof: Provided Proviso,
however, That any surety company, the bonds of which are accepted by a judge of any court of record of the county wherein the city is located, shall be a sufficient surety on any such bond.
Section 11. The offices, positions, and employments in the classified service of every city of the first class shall be arranged by the Civil Service Commission in four classes,-to be designated as the exempt class, the competitive class, the non-competitive class, and the labor class.
Review of refusal.
Testimony to be filed.