Pennsylvania Act 1974-94 — APPOINTMENT, PROMOTION, ETC. OF DEPUTY SHERIFFS IN SECOND CLASS COUNTIES

Act text

APPOINTMENT, PROMOTION, ETC. OF DEPUTY SHERIFFS IN SECOND CLASS COUNTIES
                  Act of May 31, 1974, P.L. 296, No. 94               Cl. 16
                                  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 deputies; and providing penalties.

        Compiler's Note:  Section 9 of Act 1 of 1998 provided that
            Act 94 is repealed insofar as inconsistent with Act 1.

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

        Section 1.  Appointment of Deputy Sheriffs.--(a) The sheriff
     of a county of the second class may subject to Article XVIII of
     the Second Class County Code, act of July 28, 1953 (P.L.723,
     No.230) appoint such deputies as may be necessary to properly
     transact the business of his office: Provided, however, That
     hereafter every appointment to and promotion in the force of
     deputy sheriffs of such counties shall be made only according to
     qualifications and fitness to be ascertained by examinations
     which shall be competitive as provided in this act. The
     compensation of deputy sheriffs shall be paid by the county.
        (b)  No deputy sheriff in the county of the second class,
     except those not covered by this act, shall be appointed,
     promoted, reduced in rank, suspended, furloughed, discharged or
     reinstated, except in accordance with provisions of this act.
        (c)  All positions  of the rank of sergeant and below shall
     be classified as competitive.
        Section 2.  Civil Service Commission.--(a) The provisions of
     this act shall be administered by the Civil Service Commission,
     hereinafter referred to as the commission, created pursuant to
     section 1503 of the Second Class County Code, act of July 28,
     1953 (P.L.723, No.230).
        (b)  In addition to the powers conferred and duties imposed
     under the provisions of this act in administering this act, the
     commission may exercise the powers and perform the duties
     provided for in sections 1503, 1504, 1505, 1506, 1507, 1508 and
     1509 of the Second Class County Code, except that rules and
     regulations and examinations shall be approved by, and annual
     reports shall be submitted to, the sheriff.
        Section 3.  Application for Examination.--(a) Each person
     desiring to apply for examination shall file with the commission
     a formal application in which the applicant shall state under
     oath or affirmation (i) his full name and residence or post
     office address, (ii) his citizenship, place and date of birth,
     (iii) his condition of health and physical capacity for public
     service, (iv) his business or employment and his residence for
     the past five years, and (v) such other information as may be
     required by the commission's rules and regulations, showing the
     applicant's qualifications for the position for which he is
     being examined.
        (b)  No person shall be eligible to apply for examination
     unless he is at least eighteen years of age on the date of
     application and has been a resident of the county for at least
     one year immediately preceding his application.
        Section 4.  Rejection of Applicant; Hearing.--(a) The
     commission may refuse to examine, or, if examined, may refuse to
     certify as eligible, after examination, any applicant who is
     found to lack any of the minimum qualifications for examination
     prescribed in the rules and regulations adopted for the position
     or employment for which he has applied, or who is physically
     disabled and unfit for the performance of the duties of the
     position to which he seeks employment, or who is addicted to the
     habitual use of intoxicating liquors or narcotic drugs, or who
     has been guilty of any crime involving moral turpitude, or of
     infamous or notoriously disgraceful conduct, or who has been
     dismissed from public service for delinquency or misconduct of
     office, or who is affiliated with any group whose policies or
     activities are subversive to the form of government set forth in
     the constitutions and laws of the United States and
     Pennsylvania.
        (b)  If any applicant or other person feels himself aggrieved
     by the action of the commission, in refusing to examine him or
     to certify him as eligible after examination, the commission
     shall, at the request of such person, within ten days, appoint a
     time and place where he may appear personally and by counsel.
     Thereupon the commission shall then review its refusal to make
     such examination or certification and take such testimony as may
     be offered. The decision of the commission shall be final except
     for abuse of discretion in the making of such decision.
        Section 5.  Manner of Making Appointments.--Every position of
     employment, unless filled by promotion or reinstatement, shall
     be filled only in the following manner: The sheriff of the
     county shall notify the commission of any vacancy in the force
     of deputy sheriffs which is to be filled and shall request
     certification of a list of eligibles. The commission shall
     certify to the sheriff all those eligible from the last
     preceding examination held within a period of three years next
     preceding the date of the request for such eligibles. The
     sheriff of the county shall thereupon make an appointment from
     the eligible list certified to him.
        (5 amended July 3, 1986, P.L.387, No.83)
        Section 6.  Probationary Period.--All appointments to
     positions in the force of deputy sheriffs shall be for a
     probationary period of nine months. During that period an
     appointee may not be promoted nor may he be dismissed except for
     cause as specified in section 10 of this act. If, at the close
     of the probationary period, the conduct or fitness of the
     probationery has not been satisfactory to the sheriff of the
     county, the probationer shall be notified in writing that he
     will not receive a permanent appointment. Thereupon, the
     appointment shall cease. Otherwise, his retention shall be
     equivalent to a permanent appointment.
        Section 7.  Provisional Appointments.--Whenever there are
     urgent reasons for the filling of a vacancy in any position in
     the force of deputy sheriffs and there are no names on the
     eligible list for such appointment, the sheriff of the county
     may nominate a person to the commission for a noncompetitive
     examination and if such nominee shall be certified by the
     commission as qualified, after such noncompetitive examination,
     he may be appointed provisionally to fill such vacancy until an
     examination for such position can be held. It shall thereupon
     become the duty of the commission, within three weeks from the
     date of provisional appointment, to hold a competitive
     examination for such position and certify a list of eligibles to
     the sheriff of the county and a regular appointment shall then
     be made as prescribed in this act. Nothing herein contained
     shall prevent the appointment of deputy sheriffs without
     examination to act in emergency cases, for the suppression of
     riots, breaches of the peace, tumults, in times of war,
     pestilence, conflagration, or public celebration.
        Section 8.  Promotions.--Promotions shall be based on merit
     to be ascertained by examinations to be prescribed by the
     sheriff and the commission. All questions relative to promotions
     shall be practical in character and such as will fairly test the
     merit and fitness of persons seeking promotion. The sheriff of
     the county shall have the discretion to promote the person or
     persons of his choice from the list of those who have
     successfully completed the appropriate examination and are
     certified as eligible for promotion by the commission.
        The sheriff of the county shall have the power to determine
     whether an increase in salary shall constitute a promotion.
        Section 9.  Physical Examinations.--All applicants for
     examination shall undergo a physical examination, which shall be
     conducted under the supervision of a doctor of medicine
     appointed by the sheriff of the county. No person shall be
     eligible to take an examination until said doctor certifies to
     the commission that the applicant is free from any bodily or
     mental defects, deformity or disease that might incapacitate him
     from the discharge of the duties of a deputy sheriff.
        Section 10.  Reducing in Rank; Suspension; Furloughing;
     Discharging.--(a)  No deputy sheriff covered by this act shall
     be reduced in rank, suspended, furloughed or discharged, except
     for the following reasons: (i) neglect or violation of official
     duty, (ii) violation of a law of this Commonwealth which
     provides that such violation constitutes a misdemeanor or a
     felony, (iii) inefficiency, except as hereinafter provided,
     wilful disobedience of orders, or conduct unbecoming a police
     officer, (iv) drinking of intoxicating liquor while on duty or
     the use of which renders him unfit when called upon for duty.
        (b)  In every case of reduction of rank, suspension, furlough
     or discharge, a copy or statement of the reasons therefor and
     written answers thereto shall be furnished to the person sought
     to be reduced in rank, suspended, furloughed or discharged if he
     shall make demand therefor. He shall have the right to appeal to
     the commission for a hearing on the reasons or charges preferred
     against him within ninety days of the date of service of a copy
     or statement of the reasons or charges. ((b) amended July 3,
     1986, P.L.387, No.83)
        (c)  Upon receipt of a written request for a hearing, the
     commission shall arrange for the hearing within ten days
     therefrom. The person against whom the charge is made may be
     present in person and by counsel and the burden shall be upon
     the party making the charges to justify his action.
        (d)  In the event the commission fails to uphold the action
     of the party who made the charge then the person against whom
     the charge was preferred shall be paid his salary for the time
     he may have been prevented from performing his usual employment
     as a deputy sheriff and no record of the case shall be made a
     part of his service record.
        (e)  A written stenographic record of all testimony shall be
     taken at each hearing held by the commission and the records
     thereof shall be sealed and not be available to public
     inspection in the event no appeals are taken from the action of
     the commission: Provided, however, That the party against whom
     charges have been brought shall have the right, upon request, to
     a public and open hearing.
        (f)  If the commission sustains the party who preferred the
     charge, the party against whom the charge was made shall have an
     immediate right of appeal to the court of common pleas of the
     county. Such appeal shall be taken within the period of ninety
     days from the date of entry by the commission of its final order
     and shall be by petition. Upon such appeal being taken and
     docketed, the court of common pleas shall fix a day for the
     hearing and proceed to hear the appeal on the original record
     and such additional proof or testimony as the parties concerned
     may desire to offer in evidence. The decision of the court
     affirming or revising the decision of the commission shall be
     final and the employe shall be suspended, discharged, demoted or
     reinstated in accordance with the order of the court.
        The person sought to be suspended, removed or demoted shall
     at all times have the right to employ counsel before the
     commission and upon appeal to the court of common pleas and
     shall have the further right of appealing to the Commonwealth,
     Superior and Supreme Courts in the manner provided by law.
        Section 11.  Reduction in Number of Deputy Sheriffs;
     Reinstatements.--If for reasons of economy or otherwise, it
     shall be deemed necessary by the sheriff of the county to reduce
     the number of deputy sheriffs then such reduction in numbers
     shall be made in the following manner: (i) if there are any
     deputy sheriffs eligible for retirement under the terms of any
     retirement or pension system or law, then such reduction in
     numbers shall be made by retirement, if the party to be retired
     has served in the force of deputy sheriffs for a period of at
     least twenty-five years and his age exceeds the maximum age as
     defined in the act of October 27, 1955 (P.L.744, No.222), known
     as the "Pennsylvania Human Relations Act," (ii) if the number of
     deputy sheriffs eligible for retirement is insufficient to
     effect the reduction in numbers decided upon by the sheriff of
     the county, or if no retirement or pension system or law exists,
     or if there are no deputy sheriffs eligible for retirement or
     pension, then the reduction shall be made by furloughing the
     last deputy sheriff including the probationers that have been
     appointed to the force and continue in numerical order until the
     reduction decided upon by the sheriff of the county has been
     affected. In any case where there has been more than one employe
     appointed at the same time then such furloughing shall be
     determined by the alphabetical order of the first letter of
     their surname. In the event the said force of deputy sheriffs
     shall again be increased in numbers then the employes furloughed
     shall be reinstated in the inverse order of that in which they
     were furloughed before any new appointments shall be made to the
     deputy sheriffs' force.
        (11 amended May 9, 1984, P.L.260, No.60)
        Section 12.  Present Employes Exempted.--(a) All members of
     the force of deputy sheriffs upon the effective date of this act
     shall continue to hold their positions and shall not be required
     to take any examination whatsoever under this act except such as
     may be required for subsequent promotion.
        (b)  Each member of the force of deputy sheriffs now or
     hereafter serving in the armed forces of the United States
     during any war or any police action in which the United States
     is engaged shall, upon his honorable discharge from such service
     and return to such force, be reinstated in the force in a
     position of equal grade to that which he held immediately before
     entering the armed forces of the United States. He shall
     continue to hold such position and shall not be required to take
     any examination under the provisions of this act except such as
     may be required for promotion.
        Section 13.  Discrimination on Account of Religious or
     Political Affiliations.--No question in any form of application
     for any examination or in any examination shall be so framed as
     to elicit information concerning the religious or political
     opinions of any applicant, nor shall inquiry be made concerning
     such opinions or affiliations and all such disclosures thereof
     shall be discountenanced. No discrimination shall be exercised,
     threatened or promised by any person in or interested in the
     force of deputy sheriffs against or in favor of an applicant on
     the eligible list for appointment to or promotion in the force
     because of his religious or political opinions or affiliations.
        Section 14.  Hours of Service; Exceptions; Vacations.--Every
     member of the force of deputy sheriffs shall have at least
     twenty-four consecutive hours of rest in each calendar week,
     except in emergency cases for the suppression of riots or
     tumults or the preservation of the public peace, in times of
     war, riot, conflagration or public celebration or whenever the
     sheriff deems it necessary to maintain good order. No member
     shall be required to work more than eight consecutive hours in
     any twenty-four hours except in the aforesaid cases of
     emergency. Every member shall be allowed one day's vacation for
     each month of service for the first twelve months of service,
     and thereafter an annual vacation of not less than fourteen
     days. He shall also be allowed an annual sick leave of not less
     than fourteen days. All such vacation and sick leave shall be
     without any deduction or diminution of salary or compensation as
     fixed by the salary board.
        Section 15.  Compensation and Expenses to Deputy Sheriff
     Injured or Ill.--After the effective date of this act any member
     of the force of deputy sheriffs of all ranks, including chief
     deputy, who may be injured or become sick through the
     performance of his duties and by reason thereof is temporarily
     incapacitated from performing his duties, shall be paid by the
     county his full rate of salary as fixed by the salary board
     until the disability arising therefrom has ceased. All medical
     and hospital bills incurred in connection with any such injury
     or sickness shall be paid by the county. All  benefits under the
     Workmen's Compensation Law which shall be reviewed or collected
     by any such member during the period he has received salary for
     temporary disability shall be paid over to the county and paid
     into the treasury thereof. If any such payment or payments shall
     not be so made by the member of the force, the amount so
     directed to be paid to the county shall be deducted from any
     salary which shall then or thereafter become due and owing to
     such member.
        Section 16.  Penalties.--The sheriff of the county or anyone
     acting for him who shall cause any person to be appointed to or
     promoted in the force of deputy sheriffs contrary to the
     provisions of this act, or who violates any of the provisions of
     this act, shall be guilty of a misdemeanor, and upon conviction,
     shall be sentenced to pay a fine of not more than five hundred
     dollars ($500) or suffer imprisonment not exceeding one year, or
     both.
        Section 17.  General Repealer.--All acts and parts of acts
     are repealed in so far as they are inconsistent herewith.
        Section 18.  Effective Date.--This act shall take effect
     immediately.