Pennsylvania Act 1939-405 — FIRE DEPARTMENT EMPLOYEES

Act text

AN ACT

Regulating the appointment, promotion, suspension, reduction, removal, and reinstatement of employes (except chiefs and chief clerks) in bureaus of fire and fire alarm operators and fire box inspectors in bureaus of electricity, in cities of the second class; defining the powers and duties of Civil Service Commissions for such purpose in said cities; and repealing inconsistent legislation. (Title amended Jul. 3, 1963, P.L.186, No.113)

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. All positions in bureaus of fire, except as here and after provided, and all positions of fire alarm operators and fire alarm box inspectors in bureaus of electricity, in cities of second class, shall be in the competitive class of the civil service of such cities. This act shall not apply to or include chief officers of bureaus of fire under the director of the department, by whatever title his position may be designated, nor to chief clerks in bureaus of fire in such cities. (1 amended Jul. 3, 1963, P.L.186, No.113)

Section 2. The civil service commissions in cities of the second class shall not have the power to change any rule or regulation which shall have been established and which is in force and effect on the date of the approval of this act, in so far as the same shall apply to the positions provided in this act to be in the competitive class; nor shall any such commission have the power to waive any such rule or regulation in any specific case or cases.

Section 3. Each applicant for original appointment to a position in the competitive class in any bureau of fire in any city of the second class, or to the position of fire alarm operator or fire alarm box inspector in any such city, shall undergo a physical examination which shall be conducted by a commission composed of doctors of medicine appointed for that purpose by the mayor. Said commission shall certify to the Civil Service Commission that the applicant is free from bodily or mental defects, deformities or diseases that might incapacitate him from the performance of the duties of the position he is seeking. No application for such appointment shall be received from any person who is under eighteen years of age or over thirty-five years of age at the date of his application, except that an applicant for the position of fire alarm operator or fire alarm box inspector in any such city, may be over thirty-five years of age at the date of his application. Nor shall any such application be received from any person who shall not have been a bona fide resident of the city for one year next preceding the date of his application: Provided, however, That any applicant for reinstatement as a member of the bureau of fire or as a fire alarm operator or as a fire alarm box inspector of any such city in which he makes such application, who shall have served previously as an employe in such bureau for a period of more than six months and who, at the time of his application for reinstatement shall be a resident of such city, shall be eligible for such reinstatement even though such applicant shall be over the age of thirty-five years. (3 amended Jun. 16, 1972, P.L.431, No.128)

Section 3.1. (a) Both original appointments and promotions to any position in the competitive class in any bureau of fire in any city of the second class shall be made only from the top of the competitive list: Provided, however, That the appointing officer may pass over the person on the top of the competitive list for just cause in writing. Any person so passed over shall, upon written request, be granted a public hearing before the Civil Service Commission.

(b) No oral examination shall be conducted as a means of determining the mental qualifications of any applicant for appointment or promotion in the competitive class in the bureau of fire.

(c) Any person taking a competitive examination for appointment or promotion in the competitive class in the bureau of fire shall, if he so requests within five days after receiving notice of the results of such examination, be permitted to see his examination papers and to review his answers with those who conducted the examination. Any person who is refused such review or who is dissatisfied with the results of such review shall, upon written request, be granted a public hearing before the Civil Service Commission.

(d) Any person taking a competitive examination for promotion within the competitive class in the bureau of fire shall be entitled to have added to the grade obtained in such examination, provided such grade is over the passing grade of seventy-five, a credit of one-half point for each year of service which such person has had in the bureau of fire, but in no case shall more than ten points be so added.

(e) Any vacancy which may occur within the competitive class in the bureau of fire shall be filled from the next lowest rank.

(f) Any person who served in the Armed Forces of the United States during any war or armed conflict in which the United States engaged and who has as honorable discharge from such service and who shall successfully pass a civil service examination for the position of hoseman in the bureau of fire shall be marked or graded an additional ten points above the mark or grade he received on the examination and the total mark or grade thus obtained shall represent the final mark or grade of such person and shall determine his standing on the competitive list, but otherwise the provisions of subsection (a) of this section shall apply to such person.

(3.1 added Jul. 3, 1963, P.L.186, No.113)

Section 3.2. (a) Whenever in the competitive class of any bureau of fire a vacancy of equal rank shall occur in another company, the vacancy shall be filled by transferring the person with the longest period of service within the bureau of fire who requests such transfer. Notice of any such vacancy to be filled shall be prominently posted at all fire stations within five days after the occurrence of the vacancy, and any person desiring such transfer shall submit a written request therefor within ten days of the posting. A vacancy may be temporarily filled for a period not to exceed fifteen days. In the event that no person requests such transfer as above set forth, the vacancy may be permanently filled at the discretion of the appointing authority of the bureau of fire.

Driving assignments within a company shall be made on the basis of seniority within that company.

Engine and truck companies housed together shall be considered to be one company except where an engine company and a truck company with the same numbers are bound together in which case they shall be considered one company and the other company houses in the same facility shall be another company. Squad companies and elevated platforms shall be separate companies.

No such transfer or driving assignment shall be denied the person entitled thereto by reason of seniority unless such person is found to be unable to perform the necessary duties. The denial of any such transfer or driving assignment shall be in writing, and shall state the reasons therefor.

(b) Any person who is denied a transfer or who is denied a driving assignment to which he is entitled under subsection (a) of this section shall, upon written request, be granted a public hearing before the Civil Service Commission.

(3.2 amended Feb. 26, 1976, P.L.30, No.15)

Section 3.3. Any hearing before the Civil Service Commission to which a person is entitled under the provisions of this act shall be held by said commission within a period of fifteen days from the date of the request therefor. Any person aggrieved by the findings of the commission shall have the right to appeal to the court of common pleas of the county.

(3.3 added July 3, 1963, P.L.186, No.113; repealed in part June 3, 1971, P.L.118, No.6)

Section 4. Reinstatements as employes in said bureaus of fire and as fire alarm operators and fire alarm box inspectors in said bureaus of electricity may be made without any restriction or restrictions as to time. No examination other than a physical examination, as directed by the Civil Service Commission, shall be required in any case of reinstatement. Any person so reinstated shall be the lowest in rank in the bureau in which he shall be reinstated, next above the probationers in such bureau. No person employed in a competitive position in any bureau of fire or as a fire alarm operator or as a fire alarm box inspector in any bureau of electricity, in any city of the second class, shall be eligible for promotion from a lower grade to a higher grade until such person shall have completed at least two years' service in said lower grade.

Section 5. No employe in the competitive class in any bureau of fire in any city of the second class, except any such employe who has been convicted of a felony and whose appellate remedies have been exhausted shall be removed, discharged, or suspended for any period as a penalty, or reduced in rank or pay without his written consent, except for just cause which shall not be religious or political, nor in any event, except by the decision of a court, either of trial or inquiry, duly determined and certified in writing to the mayor, and approved in writing by the mayor, which court shall be composed of three persons employed in said bureau of fire equal or superior in rank therein to the accused. Such decision shall only be determined by trial of charges, with plain specifications made by or lodged with the director of the department of public safety, of which trial the accused shall have due notice, and at which he shall have the right to be present in person and also by a brother employe or an attorney at law to act as his counsel. The persons composing such court shall be appointed as hereinafter provided, and shall be sworn by the director of the department of public safety to perform their duties impartially and without fear or favor; and the person of highest rank in said court shall have the same authority to issue and enforce process to secure the attendance of witnesses, and to administer oaths to witnesses, as is possessed by any justice of the peace of this Commonwealth. If said persons shall be equal in rank, then the persons composing such court shall select one of their number to exercise said authority. Such charges may be of disability for service, in which case the court shall be one of inquiry, whose decision may be for the honorable discharge from the service of the employe concerned; or of neglect or violation of law or duty, inefficiency, intemperance, disobedience of orders, or unbecoming official or personal conduct, in which cases the court shall be one of trial, and its decision shall authorize the director of the department of public safety to impose fines and pecuniary penalties, to be stopped from pay, or to suspend from pay or duty, or both, for a period fixed by them, not exceeding one year, or to dismiss from the service. It shall be lawful for the director of the department of public safety, at his discretion, to suspend from duty, before trial, any employe charged as aforesaid, until such trial can be had, with or without pay, as such court shall afterwards determine, but no trial shall be delayed for more than one month after the charge has been made.

Any employe in the competitive class in any bureau of fire in any city of the second class convicted of a felony shall be summarily dismissed from employment by the director of the department of public safety.

(5 amended Dec. 27, 1965, P.L.1221, No.495)

Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.

Compiler's Note: Section 9(b) of Act 173 of 1978 provided that section 5 is repealed insofar as it is inconsistent with 1 Pa.C.S. § 2301(d) (relating to equality of rights based on sex)..

Section 6. The members of such court of inquiry or trial shall be selected as follows: The director of the department of public safety shall in the presence of the employe charged and his brother officer or attorney at law acting as his counsel, as aforesaid, cause the names of at least fifty employes of the bureau of fire, who hold a position in the competitive class, equal or superior in rank to the employe under charges, to be written upon separate slips of paper of the same size, color and texture, and folded or rolled so that the names thereon cannot be distinguished until drawn as hereinafter provided, cause said slips to be placed in a box or other receptacle properly adapted for the drawing therefrom of names by law, as hereinafter provided. Said fifty names so deposited shall be provided as follows: The director of the department of public safety shall supply twenty-five thereof and the employe so charged shall supply twenty-five thereof. When said names shall have been so deposited in said box or receptacle, the same shall be thoroughly shaken by some disinterested person until said slips of paper shall have been thoroughly mixed, and thereupon such disinterested person shall draw therefrom singly and by law seven names, and the director of the department of public safety and the person so charged shall each in order be entitled to exercise alternate challenges until the names of three persons are left and said three persons shall compose said court either of trial or inquiry as the case may be. In the event that there should not be fifty employes of the bureau of fire holding positions in the competitive class, equal or superior in rank to the employe under charges, then the names of all such employes equal or superior in rank to the employe under charges shall be so placed in said box and drawn therefrom and said court of trial or inquiry selected in the manner hereinabove described or as nearly in such manner as may be possible in the circumstances. Any employe so charged may waive by his written consent the selection of a board by agreeing to the board that has already been chosen. Any employe so charged, if he shall demand it in writing, shall be furnished promptly without cost or expense to him, a transcript of the testimony taken before said court of inquiry or trial, duly certified by the official reporter.

After said decision of said court shall have been duly determined, certified in writing to the mayor and approved by the mayor in writing, the director of the department of public safety shall before imposing the penalty so determined, furnish the person so charged with a written statement of the reasons for his said action and shall afford the person so charged a period of at least five days within which to make reply thereto, if he so desires. In every case of such removal, discharge, suspension, reduction or fine, a copy of the statement of the reasons therefor, and the written answer thereto of the person so sought to be penalized, if any, together with a transcript of the proceedings and decision of said trial court shall be furnished forthwith to the Civil Service Commission and entered upon its records. If the employe affected shall demand it, the Civil Service Commission shall upon his written request therefor, grant him a public hearing, which hearing shall be held within a period of fifteen days from his said request. At such hearing, the burden of proof shall be upon the removing officer to justify his action. If the Civil Service Commission shall fail to sustain the action of the removing officer, the person sought to be removed shall be reinstated with full pay for the entire period during which he may have been prevented from performing his usual employment and no charges shall be recorded against him. A written record of all testimony taken at such hearing shall be kept and preserved by the Civil Service Commission, which record shall be sealed and not be available for public inspection unless an appeal be taken by the employe from the action of the commission. Any employe so charged, if he shall demand it in writing, shall be furnished promptly without cost or expense to him, a transcript of the testimony taken before said Civil Service Commission, duly certified by the official reporter. The court shall proceed to hear said appeal upon the record and no additional evidence shall be introduced. The power to suspend shall in no event be for minor or petty offenses or for political or religious reasons. (Par. amended Feb. 2, 1966, 1965 P.L.1874, No.593)

(6 repealed in part Apr. 28, 1978, P.L.202, No.53)

Compiler's Note: Section 9(b) of Act 173 of 1978 provided that section 6 is repealed insofar as it is inconsistent with 1 Pa.C.S. § 2301(d) (relating to equality of rights based on sex).

Compiler's Note: Section 4(b) of Act 53 of 1978 provided that the partial repeal of section 6, except the eighth sentence, shall take effect two years after the general effective date of Act 53.

Section 7. If, for reasons of economy, lack of funds, abolition of position or positions, or for any other reason it becomes necessary for any city of the second class to reduce the number of employes of its bureau of fire or the number of fire alarm operators or fire alarm box inspectors in its bureau of electricity, then the city shall follow the following procedure:

First: If there are any employes in its bureau of fire, fire alarm operators or fire alarm box inspectors eligible for retirement under the terms of any pension fund, then such reduction in numbers shall be made by retirement on pension of all the oldest in age and service.

Second: If the number of employes in its bureau of fire, fire alarm operators and fire alarm box inspectors eligible for retirement under the pension fund of said city, if any, is insufficient to effect the reduction in number desired by said city, or if there is no eligible person for retirement, or if no pension fund exists in said city, then the reduction shall be effected by suspending the last man or men, including probationers, that have been appointed. Such removal shall be accomplished by suspending in numerical order, commencing with the last man appointed, all recent appointees until such reduction shall have been accomplished. Whenever the number of such employes in the bureau of fire or fire alarm operators or fire alarm box inspectors in the bureau of electricity shall again be increased in numbers, or if any vacancies occur, the employes suspended under the terms of this act shall be reinstated to their former class before any new appointees are appointed.

Compiler's Note: Section 9(b) of Act 173 of 1978 provided that section 7 is repealed insofar as it is inconsistent with 1 Pa.C.S. § 2301(d) (relating to equality of rights based on sex)..

Section 7.1. Whoever knowingly makes an appointment or a promotion or a transfer in the competitive class in the bureau of fire in any city of the second class contrary to the provisions of this act, or wilfully refuses or neglects otherwise to comply with or to conform to any of the provisions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be sentenced to pay a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500), or undergo imprisonment not exceeding six months, or both. (7.1 added Jul. 3, 1963, P.L.186, No.113)

Section 8. The provisions of this act shall be severable, and if any of its provisions shall be held to be unconstitutional, the decision of the court shall not affect the validity of the remaining provisions of this act. It is hereby declared as a legislative intent that this act would have been adopted by the General Assembly had such unconstitutional provision not been included therein.

Section 9. The act, approved the thirty-first day of May, one thousand nine hundred and thirty-three (Pamphlet Laws, one thousand one hundred eight), entitled "An act providing for the appointment, promotion, reduction, removal and reinstatement of paid officers, firemen and employes of fire departments and of fire alarm operators and fire box inspectors in the bureaus of electricity in cities of the second and third class; defining the powers and duties of civil service commissions for such purposes; and fixing penalties," and its amendment, are hereby repealed in so far as the same applies to cities of the second class.

All other acts and parts of acts, general, special or local, inconsistent with this act, are hereby repealed.

Section 10. It is the purpose of this act to furnish, in connection with the act of Assembly approved the twenty-third day of May, one thousand nine hundred and seven (Pamphlet Laws, two hundred six), entitled "An act to regulate and improve the Civil Service of the cities of the second class in the Commonwealth of Pennsylvania; making violations of its provisions to be misdemeanors, and providing penalties for violations thereof," and its amendments, a complete and exclusive system for the appointment, promotion, reduction, removal, suspension, and reinstatement of employes in the competitive class, in bureaus of fire and of all fire alarm operators and fire alarm box inspectors in the bureaus of electricity, in cities of the second class.

Section 11. This act shall become effective immediately upon final enactment.