73 Pa.C.S. Ch. 19

in effect

73 Pa.C.S. § 1901 Oath.

Each person elected or appointed to a township office in a township shall, before entering upon the duties of office, take and subscribe an oath or affirmation of office under 53 Pa.C.S. § 1141 (relating to form of oaths of office), before a judge or magisterial district judge of the county or a notary public. A copy of the oath or affirmation shall be filed with the township secretary within 10 days of the taking of the oath.

73 Pa.C.S. § 1902 Bonds.

(a) Requirements.--Except as provided for in subsection (b), if an officer or employee of a township is required by law or action of the board of commissioners to give bond for the faithful performance of the officer's or employee's duties, the bond must be with a surety company or other company authorized by law to act as surety. The township shall pay the premium on the bond, except that the premium on the bond of the township tax collector shall be paid by the respective taxing districts, as provided under the act of May 25, 1945 (P.L.1050, No.394), known as the Local Tax Collection Law. (b) Insurance.--If an officer or employee of a township, except for a tax collector, is required to give a bond for the faithful performance of the officer's or employee's duties, the board of commissioners may purchase insurance in lieu of a bond if the insurance covers the same events of loss and insures the township against the same misconduct as the bond. Cross References. Section 1902 is referred to in sections 2302, 3101, 3703 of this title.

73 Pa.C.S. § 1903 Compensation.

(a) Elected officer.--An elected officer of a township, except for a tax collector, shall receive a salary, compensation or emoluments of office as fixed by ordinance of the township in accordance with this part. (a.1) Treasurer.--Notwithstanding section 34 of the act of May 25, 1945 (P.L.1050, No.394), known as the Local Tax Collection Law, a township treasurer who is the elected tax collector of the township may receive a salary, compensation or emoluments of office under subsection (a) for the township treasurer's work as the township treasurer. (b) Tax collector.--A tax collector shall receive a salary, compensation or emoluments of office as fixed by ordinance of the township in accordance with the Local Tax Collection Law. (c) Time.--A change in salary, compensation or emoluments of office of an elected officer shall take effect at the beginning of the next term of the elected officer. (d) Appointed officer and employee.--An appointed officer and employee of the township shall receive compensation for their services as determined by the board of commissioners.

73 Pa.C.S. § 1904 Removal of township officers and appointees.

(a) Removal of officer.--A township officer, elected or appointed to fill a vacancy in elective office, shall be removable from office only by: (1) impeachment; (2) the Governor for reasonable cause after due notice and full hearing on the advice of two-thirds of the Senate; or (3) on conviction of misbehavior in office or of an infamous crime in accordance with the Constitution of Pennsylvania. (b) Quo warranto.--Notwithstanding subsection (a), an officer's title to office may be tried by proceedings of quo warranto as provided by law. Cross References. Section 1904 is referred to in section 1711 of this title.

73 Pa.C.S. § 1905 Annuities.

(a) Post-retirement compensation.--A township may provide, by ordinance, an employee of at least 10 years of satisfactory service and who is at least 60 years of age upon termination of active employment with the township, a proportion of the compensation last paid to the employee, not in excess of 50% of the compensation. (b) Pension plan.--An arrangement to provide postretirement compensation to a retired appointee and employee under this section shall be a pension plan within the meaning of the term under the act of December 18, 1984 (P.L.1005, No.205), known as the Municipal Pension Plan Funding Standard and Recovery Act, and the township establishing the plan shall provide funding of the pension plan in an amount sufficient to meet the minimum obligation of the municipality with respect to the pension plan under the Municipal Pension Plan Funding Standard and Recovery Act. (c) Pension system or municipal retirement system.--Nothing in this section shall be construed to preclude an employee of the township from joining a pension system or municipal retirement system that the township may establish or adopt. (d) Prohibition.--Beginning on December 28, 2020, a township may not provide for an annuity in lieu of employees joining a pension or retirement system. Nothing in this subsection shall be construed to affect the rights of a current or retired employee or appointee of a township entitled to payments granted in accordance with an annuity entered into prior to December 28, 2020.

73 Pa.C.S. § 1911 State association of township commissioners.

(a) Authorization.--A State association of township commissioners may be formed. (b) Meetings.--The association shall hold annual meetings and educational conferences at a designated time and place within this Commonwealth for the purpose of addressing the interests of the townships. The expenses of the annual meetings and educational conferences may be paid, in full or in part, by the townships joining the association. (c) Bylaws.--The association, at its annual meeting and educational conference, by majority vote of each of the voting delegates attending, may adopt and amend bylaws to govern the association. The bylaws shall govern the qualifications of delegates, election of officers, the delegates and officers designation, qualifications and duties, payment of dues and organizational details. The association shall function under the bylaws for advancing the interest of and betterment of township government in townships of the first class. (d) Dues.--The dues adopted in the bylaws shall be paid by each township upon becoming a member of the association and shall be used for association purposes and activities authorized or ratified by the association or incurred on behalf of the association by its officers and executive committee.

73 Pa.C.S. § 1912 State association annual meetings and educational conference.

(a) Annual meeting and educational conference.--A township commissioner may attend each annual meeting and educational conference of the State association of township commissioners. The board of commissioners shall, by motion, designate at least one township officer as a delegate to each annual meeting and educational conference. The delegate shall be a township commissioner or other township officer. The board of commissioners may, by motion, designate no more than two township officers, other than the township commissioners or the delegate, to attend each annual meeting and educational conference as nondelegates and authorize township employees to attend each annual meeting and educational conference. (b) Conferences or educational training.--In addition to each annual meeting and educational conference under subsection (a), the board of commissioners may authorize township officers and employees of the township to attend other conferences or educational training of the association.

73 Pa.C.S. § 1913 State association expenses.

(a) Payment.--The board of commissioners shall, for each delegate and other officer or employee attending the annual meeting or other conference or educational training of the State association of township commissioners, pay expenses upon receipt of an itemized account of expenses. Expenses shall be limited to: (1) The registration fee. (2) Mileage for use of personal vehicle or reimbursement of actual transportation expense going to and returning from the meeting, conference or educational training. (3) Actual expenses that the board of commissioners may have agreed to pay. (b) Regular employee rate.--The board of commissioners may authorize township employees to be compensated at their regular employee rate during the employee's attendance at the annual meeting or other conference or educational training. The board of commissioners may authorize a commissioner to receive total or partial reimbursement for lost wages or salary while attending the annual meeting or other conference or educational training if sufficient documentation is presented to the board of commissioners to justify the reimbursement. The maximum time for which a delegate, township employee or commissioner shall be reimbursed for lost wages or salary while attending the annual meeting or other conference or educational training may not be more than four days, including the time spent traveling to and from the event.

73 Pa.C.S. § 1921 County associations.

A county association of township officers may be formed in the respective counties, or the township officers of at least two counties may form a joint county or regional association. The association shall hold annual, semiannual or quarterly conferences or educational training at the county seats of the respective counties or some other suitable place within this Commonwealth for the purpose of advancing the interests of the townships in the association and the inhabitants of the townships.

73 Pa.C.S. § 1922 Membership of association and expenses of members.

(a) Attendance.--The board of commissioners, newly elected township commissioners prior to officially taking office and other township officers designated by the board shall attend the conferences or educational training if possible. A township officer attending a conference or educational training shall receive a certificate, signed by the presiding officer and secretary or acting secretary of the association, attesting to the township officer's presence at the conference or educational training. (b) Expenses.--The certificate under subsection (a) shall authorize a township officer to collect from the township treasurer expenses for the registration fee, mileage for use of personal vehicle or reimbursement of actual transportation expenses going to and returning from a conference or educational training and actual expenses that the board of commissioners may have agreed to pay. Each officer attending a conference or educational training shall submit to the board of commissioners an itemized account of expenses incurred. (c) Regular employee rate.--The board of commissioners may authorize township employees to be compensated at their regular employee rate during their attendance at a conference or educational training. The board of commissioners may authorize a commissioner to receive total or partial reimbursement for lost wages or salary while attending the county conference or educational training if sufficient documentation of the wages or salary is presented to the board of commissioners to justify the reimbursement.

73 Pa.C.S. § 1923 Officers of association and ex officio membership.

(a) Composition.--The officers of an association shall consist of a president and other officers as determined by the association's bylaws. Each of the officers, except for a secretary, shall be members of the association and shall hold office as determined by the association's bylaws or until the officer's successors are chosen. (b) Membership.--Each township shall have one vote in a conference. A county association of townships may admit to the membership of the association representatives of political subdivisions other than townships of the first class within the county, the judges of the court of common pleas in the county and engineers or other personnel from the Department of Transportation. Representatives of political subdivisions other than townships of the first class within the county, the judges of the court of common pleas in the county and engineers or other personnel from the Department of Transportation shall not be entitled to vote at the conference or hold office in the association.

73 Pa.C.S. § 1931 Definitions.

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Firefighter." An individual who operates fire apparatus and devotes the individual's normal working hours to operate a piece of fire apparatus or other services connected with fire protection work and who is paid a stated salary or compensation for the work completed by the township. "Police force." A police force organized and operating as prescribed by law, the members of which devote normal working hours to police duty or duty in connection with the bureau, agencies and services connected with police protection work and who are paid a stated salary or compensation for the work completed by the township.

73 Pa.C.S. § 1931.1 Appointments of police and firefighters.

(a) Applicability.--This subchapter shall not apply to: (1) A township having a police force of less than three members. (2) A volunteer fire department or company employing their own firefighters. (3) A township having less than three salaried firefighters. (b) Compensation.--This subchapter is subject to the power of the board of commissioners to determine compensation. (c) Qualification.--An appointment to and promotion in the township's police force or fire department paid directly by the township shall be made only according to qualifications and fitness to be ascertained by an examination. An examination for qualifications and fitness shall be competitive as provided under this subchapter. (d) Suspension, removal or demotion.--Except as provided under this subchapter, an individual may not be suspended, removed or demoted as a paid employee in a police force or as a paid firefighter of a township. (e) Retirement.--Nothing in this subchapter shall apply to retirement, be construed to prevent a township from adopting a compulsory retirement age for the township's employees or any class of employees or to prevent the township from retiring the township employees automatically when the employees attain the compulsory retirement age. Cross References. Section 1931.1 is referred to in section 1932 of this title.

73 Pa.C.S. § 1932 Civil service commission.

(a) Establishment.--Subject to section 1931.1(a) (relating to appointments of police and firefighters), a civil service commission is established in each township where a police force or paid firefighters force is maintained. (b) Composition and terms.--The civil service commission shall consist of three civil service commissioners who shall be qualified electors of the township and shall be appointed by the board of commissioners initially to serve for the terms of two, four and six years. On the expiration of the term of a civil service commissioner, the successor shall be appointed for a term of six years. (c) Vacancy.--A vacancy occurring in the civil service commission shall be filled by the board of commissioners for the remainder of the unexpired term no later than 30 days after the vacancy occurs. (d) Oath.--Before entering upon the discharge of the duties of office, a civil service commissioner shall take an oath or affirmation of office in accordance with 53 Pa.C.S. § 1141 (relating to form of oaths of office). (e) Alternate members.--The board of commissioners may appoint no more than three qualified electors of the township to serve as alternate members of the civil service commission. The term of office of the alternate members shall be six years. If seated under section 1934 (relating to organization of commission and quorum), an alternate shall be entitled to participate in each proceeding and discussion of the civil service commission to the same and full extent as provided by law for civil service commission members, including the right to cast a vote as a voting member during the proceedings, and shall have the powers and duties under this title and as provided by law. An alternate may not hold another office in the township. An alternate may participate in a proceeding or discussion of the civil service commission but shall not be entitled to vote as a member of the civil service commission unless designated as a voting alternate member under section 1934. (f) Compensation.--A civil service commissioner may not receive compensation.

73 Pa.C.S. § 1933 Offices incompatible with civil service commissioner.

A civil service commissioner may not hold an elective or appointed office under the Federal Government, the Commonwealth or a political subdivision of the Commonwealth, except that one member of the civil service commission may be a member of the board of commissioners.

73 Pa.C.S. § 1934 Organization of commission and quorum.

(a) Initial organization.-- (1) The initial civil service commission appointed shall organize within 10 days of its appointment and shall elect one of its members as the chairperson and one as the secretary. (2) After organization under paragraph (1), the civil service commission shall meet and organize within 30 days of the first Monday of each even-numbered year. Each civil service commissioner shall be notified in writing of each meeting. (b) Quorum.--Three members of the civil service commission shall constitute a quorum. If, by reason of absence or disqualification of a member, a quorum is not reached, the chairperson shall designate as many alternate members of the civil service commission to sit on the civil service commission as needed to provide a quorum. (c) Alternate member.--An alternate member of the civil service commission shall continue to serve on the civil service commission in each proceeding involving the matter or case for which the alternate was initially designated until the civil service commission has made a final determination of the matter or case. Designation of an alternate member under this section shall be made on a case-by-case basis in rotation according to declining seniority among each alternate. (d) Action.--An action by the civil service commission shall only be valid if the civil service commission has the concurrence of a majority of the quorum.

73 Pa.C.S. § 1935 Clerks and supplies and solicitor.

The township shall provide to the civil service commission, on its requisition, clerical assistance necessary for the work of the civil service commission. The township shall provide a suitable and convenient room for the use of the civil service commission. The civil service commission shall order from the township the necessary stationery, postage, printing or supplies. The civil service commission may appoint a solicitor. The township shall pay for the solicitor's services to the civil service commission. The township may place a reasonable limit on the amount of compensation authorized each year for the services of the solicitor. The elected and appointed officials of the township shall aid the civil service commission in carrying out this subchapter.

73 Pa.C.S. § 1936 Rules and regulations.

(a) Authority.-- (1) The civil service commission may prescribe, amend and enforce rules and regulations for effectuating this subchapter and shall be governed by the civil service commission's rules and regulations. (2) The board of commissioners may not promulgate rules and regulations or amendments to rules and regulations for effectuating this subchapter. The board of commissioners may make suggestions regarding proposed rules and regulations or amendments to the rules and regulations to members of the civil service commission for their consideration. (3) Notwithstanding whether the board of commissioners makes suggestions regarding proposed rules and regulations or amendments to the rules and regulations, rules and regulations or amendments shall be approved by the board of commissioners before the effective date of the rules and regulations or amendments. If the rules and regulations or amendments have been approved by the board of commissioners, the rules and regulations or amendments may not be abrogated, amended or added to without the approval of the board of commissioners. (b) Minimum qualifications.--The rules and regulations of the civil service commission shall reflect any minimum qualifications for police officers and paid firefighters pertaining to age, educational background, years of experience and areas of desired special expertise or certifications adopted by resolution of the board of commissioners. (c) Public availability.--Each rule and regulation or amendment to the rules and regulations shall be made available for public distribution or open to public inspection under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. Cross References. Section 1936 is referred to in section 4101 of this title.

73 Pa.C.S. § 1937 Minutes and records.

The civil service commission shall keep minutes of its proceedings and records of examinations and other official actions. Each recommendation of applicants for appointment received by the civil service commission shall be kept and preserved for a period of five years. Records and written causes of removal filed with the civil service commission, except as provided in section 1951 (relating to hearings on dismissals and demotions), shall be subject to reasonable regulation and open to public inspection under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

73 Pa.C.S. § 1938 Investigations.

The civil service commission may conduct investigations concerning matters regarding the administration and enforcement of this subchapter and rules and regulations promulgated under this subchapter. The chairperson of the civil service commission may administer oaths and affirmations in relation to the investigations.

73 Pa.C.S. § 1939 Subpoenas.

(a) Issuance.--The civil service commission may issue subpoenas over the signature of the chairperson to require the attendance of witnesses and the production of records and papers pertaining to any investigation or inquiry. The fees of witnesses for attendance and travel shall be the same as for witnesses appearing in the courts and shall be paid from appropriations for the incidental expenses of the civil service commission. (b) Requirement.--Officers in public service and employees shall attend and testify if required to do so by the civil service commission. (c) Penalty.--If an individual refuses or neglects to obey a subpoena issued by the civil service commission, the individual shall, upon conviction, be sentenced to pay a fine of no less than $250 and not more than $500. If the individual is in default of the payment of the fine under this subsection, the individual shall be imprisoned for a period not to exceed 30 days. (d) Court of common pleas.--If an individual refuses or neglects to obey a subpoena issued by the civil service commission, the civil service commission may petition the court of common pleas of the county to order the individual to appear before the civil service commission or the court to testify and produce records and papers as the civil service commission deems necessary. If the individual refuses to comply with the court's order, the individual shall be held in contempt of court.

73 Pa.C.S. § 1940 Annual report.

The civil service commission shall make an annual report to the board of commissioners containing a brief summary of its work during the year, which shall be available for public inspection in accordance with the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

73 Pa.C.S. § 1941 General provisions relating to examinations.

(a) Minimum qualifications and passing grade.--The civil service commission shall make rules and regulations providing for the examination of applicants for positions in the police force and as paid firefighters and for promotions, which shall prescribe the minimum qualifications of applicants to be examined and the passing grades. Examinations for positions or promotions shall be practical in character and shall relate to matters and include inquiries as will fairly test the merit and fitness of the individuals examined to discharge the duties of the employment sought. Examinations shall be open to applicants who have the minimum qualifications required by the rules and regulations. Each applicant for examination for an original position shall: (1) be subject to the regulations adopted by the civil service commission; (2) either before or after the written examination, submit to a physical fitness or agility examination that is job related and consistent with business necessity; (3) if made a conditional offer of employment, be given a physical and psychological medical examination under section 1949 (relating to physical and psychological medical examinations); and (4) be subject to a background investigation. Background investigations may be restricted to candidates on an eligibility list or to candidates to be certified to the board of commissioners for appointment in accordance with section 1944 (relating to eligibility list and manner of filling appointments). (a.1) Promotion.--An applicant for promotion shall be subject to the regulations adopted by the civil service commission and to examination and selection in accordance with section 1948 (relating to promotions). A physical fitness or agility examination that is job related and consistent with business necessity and physical and psychological medical examinations may be required for promotions. (b) Public notice.--Public notice of the time and place of each examination and the information as to the kind of position to be filled shall be given by publication once in a newspaper of general circulation at least two weeks prior to each examination. A copy of the notice shall be prominently posted in the office of the civil service commission or other public place. (c) Eligibility list.--The civil service commission shall post in its office the eligibility list containing the names and grades of candidates who have passed the examination.

73 Pa.C.S. § 1942 Application for examination.

An individual who desires to apply for examination must file with the civil service commission a formal application in which the applicant shall provide under oath or affirmation information required by the civil service commission's rules and regulations showing the applicant's qualifications for the position for which the applicant is being examined.

73 Pa.C.S. § 1943 Rejection of applicant and hearing.

(a) Refusal.--The civil service commission may refuse to examine or may refuse to certify after examination as eligible, an applicant who: (1) 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 the applicant has applied; (2) is physically unfit for the performance of the duties of the position or employment for which the applicant has applied; (3) is illegally using a controlled substance as defined in the Controlled Substances Act (Public Law 91-513, 84 Stat. 1236); (4) has been found guilty of a crime involving moral turpitude or of infamous or notoriously disgraceful conduct; (5) has been dismissed from public service for delinquency or misconduct in office; or (6) is affiliated with a group which has policies or engages in activities that are subversive to the form of government established in Federal or State law. (b) Hearing.-- (1) If an applicant is aggrieved by the civil service commission's refusal to certify the applicant as eligible after an examination or by the civil service commission's refusal to examine the individual, the civil service commission shall, at the request of the applicant or individual aggrieved, set a date, time and place for a public hearing within 10 days after the receipt of the request for a public hearing. (2) At the public hearing, the applicant or individual aggrieved may appear with or without counsel and the civil service commission shall take testimony and review the civil service commission's refusal to provide the examination or certification. The deliberations of the civil service commission regarding the matter, including interim rulings on evidentiary or procedural issues, may be held as a closed executive session. (3) The civil service commission's disposition of the matter shall constitute official action which shall occur at a public meeting held under 65 Pa.C.S. Ch. 7 (relating to open meetings), and the civil service commission's decision on the matter shall be final. Cross References. Section 1943 is referred to in sections 1944, 1946, 1948 of this title.

73 Pa.C.S. § 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.

73 Pa.C.S. § 1945 Age and applicant's residence.

An individual may not apply for examination unless the individual is at least 18 years of age at the date of application. The board of commissioners may accept applications from nonresidents of the township and may require nonresident police officers and nonresident paid firefighters to become residents of the township after appointment to the positions. The rules and regulations of the civil service commission shall reflect the residency requirements of the board of commissioners or a collective bargaining agreement or award.

73 Pa.C.S. § 1946 Probationary period.

(a) Duration.--An original appointment to a position in the police force or as a paid firefighter shall be for a probationary period of not less than six months and not more than one year, except that during the probationary period an appointee may be dismissed only for a cause as provided in section 1943 (relating to rejection of applicant and hearing) or because of incapacity for duty due to the use of alcohol or drugs. (b) Conduct or fitness.--If, at the close of a probationary period, the conduct or fitness of the probationer has not been satisfactory to the board of commissioners, the probationer shall be notified in writing that the probationer will not receive a permanent appointment and the appointment shall cease. If the probationer is not notified or dismissed in accordance with this section, the probationer's retention shall be equivalent to a permanent appointment. (c) Decision.--The decision of a township to suspend or discharge a probationer shall be final and shall not be subject to the hearing provisions under section 1951 (relating to hearings on dismissals and demotions). The decision of a township to suspend or discharge a probationer shall be rendered in accordance with 65 Pa.C.S. Ch. 7 (relating to open meetings).

73 Pa.C.S. § 1947 Provisional appointments.

(a) Noncompetitive examination.--If there are urgent reasons for the filling of a vacancy in a position in the police force and there are no names on the eligibility list for the appointment, the board of commissioners may nominate an individual to the civil service commission for a noncompetitive examination. If the nominee is certified by the civil service commission as qualified after the noncompetitive examination, the nominee may be provisionally appointed to fill the vacancy. (b) Competitive examination.--Within 90 days of the provisional appointment under subsection (a), the civil service commission shall hold a competitive examination, certify an eligibility list and make a regular appointment to the position under section 1944 (relating to eligibility list and manner of filling appointments) from the names submitted by the civil service commission. Nothing in this section shall be construed to prevent the appointment without an examination of individuals temporarily as police officers in cases of riot or other emergencies or firefighters in cases of emergency.

73 Pa.C.S. § 1948 Promotions.

(a) Basis.--A promotion shall be based on merit to be ascertained by an examination to be prescribed by the civil service commission. Questions relative to a promotion shall be practical in character and fairly test the merit and fitness of an individual seeking promotion. (b) Notification.--The board of commissioners shall notify the civil service commission of a vacancy on the police force or fire department which is to be filled by promotion and shall request the certification of an eligibility list. (c) Certification.--The civil service commission shall certify for each vacancy the names of three individuals on the eligibility list who have received the highest average in the last promotion examination held within a period of two years preceding the date of the request for the eligibility list. If three names are not available, the civil service commission shall certify the names remaining on the eligibility list. The board of commissioners shall make an appointment from the names certified, based solely on the merits and fitness of the candidate, unless the board of commissioners make objections to the civil service commission regarding an individual on the eligibility list for any reason provided under section 1943 (relating to rejection of applicant and hearing). (d) Salary.--The board of commissioners may determine in each instance whether an increase in salary constitutes a promotion. Cross References. Section 1948 is referred to in section 1941 of this title.

73 Pa.C.S. § 1949 Physical and psychological medical examinations.

(a) Conditional offers.--An applicant selected from the eligibility list shall receive a conditional offer of employment. The offer of employment shall be conditioned upon the conditional employee undergoing a physical and psychological medical examination and a determination that the conditional employee is capable of performing all the essential functions of the position. Physical medical examinations shall be conducted under the direction of a physician or other qualified medical professional. Psychological medical examinations shall be conducted under the direction of a psychiatrist or psychologist. (b) Fitness.--The physician, other qualified medical professional, psychiatrist or psychologist shall be appointed by the board of commissioners and shall render an opinion as to whether the conditional appointee has a physical or mental condition which calls into question the individual's ability to perform all of the essential functions of the position for which the individual was conditionally appointed. (c) Interactive discussion.--If the opinion rendered by the physician, other qualified medical professional, psychiatrist or psychologist calls into question the conditional appointee's ability to perform all essential functions of a position, an individual designated by the board of commissioners shall meet with the conditional appointee for the purpose of having one or more interactive discussions on whether the conditional appointee can, with or without reasonable accommodation, perform all the essential functions of the position. (d) Found not qualified.--If, at the conclusion of the interactive discussion conducted under subsection (c), the board of commissioners determine that the conditional appointee is not qualified, the board of commissioners shall give written notice to the conditional appointee and the commission. (e) Construction.--Nothing in this subchapter shall be construed to authorize physical or psychological medical examinations prior to conditional appointment. (f) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Medical examination." An examination, procedure, inquiry or test designed to obtain information about medical history or a physical or mental condition which might disqualify an applicant if it would prevent the applicant from performing, with or without a reasonable accommodation, all of the essential functions of the position. "Qualified medical professional." An individual, in collaboration with or under the supervision or direction of a physician, as may be required by law, who is licensed: (1) As a physician assistant under the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985, or the act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act. (2) As a certified registered nurse practitioner under the act of May 22, 1951 (P.L.317, No.69), known as The Professional Nursing Law. Cross References. Section 1949 is referred to in sections 1941, 1944 of this title.

73 Pa.C.S. § 1950 Removals.

(a) Police or fire force employees.--An individual employed in a police or fire force of a township may not be suspended without pay, removed or demoted except for the following reasons: (1) Physical or mental disability affecting the individual's ability to continue in service, in which case the individual shall receive an honorable discharge from service. (2) Neglect or violation of any official duty. (3) Violation of any law of this Commonwealth, if the violation constitutes a misdemeanor or felony. (4) Inefficiency, neglect, intemperance or disobedience of orders or conduct unbecoming an officer. (5) Intoxication while on duty. (6) Engaging or participating in the conduct of a political or election campaign otherwise than to exercise the individual's own right of suffrage, except that this clause shall only apply to a police officer while on duty or in uniform or while using township property. (7) Engaging or participating in the conduct of a political or election campaign for an incompatible office under section 4101 (relating to appointment, compensation and training of police officers). (a.1) Limitations.--An individual employed by a police or fire force may not be removed for religious, racial or political reasons. (a.2) Written statement.--A written statement of charges made against an employee shall be furnished to the individual within five days after the statement of charges are filed with the commission. The individual shall have 10 days from the date of receiving the notice to submit a written request for a hearing to the commission under section 1951 (relating to hearings on dismissals and demotions). (b) Necessary reduction.--If, for reasons of economy or other reasons, the township deems necessary a reduction of the number of paid employees of the police or fire force, the township shall furlough the individual, including a probationer, last appointed to the respective force. The removal shall be accomplished by furloughing in numerical order commencing with the individual last appointed until the reduction has been accomplished. If the police or fire force shall again be increased, the employees furloughed shall be reinstated in the order of the employee's seniority in the respective service. This subsection, as to reductions in force, is not applicable to a chief of police or fire chief.

73 Pa.C.S. § 1951 Hearings on dismissals and demotions.

(a) Answers and hearings.--An individual suspended, removed or demoted may make written answers to charges filed against the individual no later than the day scheduled for the hearing. The civil service commission shall grant the individual a hearing which shall be held within a period of 10 days from the filing of written charges, unless continued by the civil service commission for cause at the request of the board of commissioners or the accused. The failure of the civil service commission to hold a hearing within 10 days from the filing of the written charges may not result in the dismissal of the charges filed. (b) Suspension without pay.--At a hearing, the individual against whom the charges are made may be present in person and by counsel. The board of commissioners, or the chief of police or fire chief, as applicable, when the board of commissioners is not in session, may suspend the individual without pay pending the determination of the charges against the individual. The following shall apply: (1) If the civil service commission fails to uphold the charges, the individual sought to be suspended, removed or demoted shall be reinstated with full pay for the period during which the individual was suspended, removed or demoted, and no charges shall be officially recorded against the individual's record. (2) A stenographic record of all testimony taken at the hearings shall be filed with and preserved by the civil service commission. (3) The stenographic record shall be sealed and not be available for public inspection if the charges are dismissed. (c) Appeal.--All parties shall have immediate right of appeal to the court of common pleas of the county and the case shall be determined as the court deems proper. No order of suspension made by the civil service commission shall be for a longer period than one year. The appeal shall be taken within 30 days from the date of entry by the civil service commission of the final order and shall be by petition. Upon the appeal being taken and docketed, the court of common pleas shall schedule a day for a hearing and shall proceed to hear the appeal on the original record and additional proof or testimony as the parties concerned may desire to offer in evidence. The decision of the court affirming or reversing the decision of the commission shall be final and the employee shall be suspended, discharged, demoted or reinstated in accordance with the order of the court. (d) Counsel.--The board of commissioners and the individual sought to be suspended, removed or demoted shall at all times have the right to employ counsel before the civil service commission and upon appeal to the court of common pleas. Unless the board of commissioners or the individual sought to be suspended, removed or demoted requests that the proceedings before the commission be open to the public, the proceedings before the commission under this section shall be held in the nature of a closed executive session that shall not be open to the public. The request shall be presented to the civil service commission before the civil service hearing commences. The deliberations of the civil service commission, including interim rulings on evidentiary or procedural issues, may be held in private and may not be subject to a request for being open to the public by the board of commissioners or the individual sought to be suspended, removed or demoted. The civil service commission's disposition of the disciplinary action shall constitute official action which shall occur at a public meeting held under 65 Pa.C.S. Ch. 7 (relating to open meetings). (e) Collective bargaining members.--In a case in which a police officer or firefighter who is a member of a bargaining unit is subject to suspension, discharge or discipline, the police officer or firefighter shall have the option of challenging the suspension, discharge or discipline imposed by using the procedures in this section or by a proceeding in grievance arbitration. A choice to proceed either by the procedures provided for in this section or by grievance arbitration forecloses the opportunity to proceed in the alternative method. Cross References. Section 1951 is referred to in sections 1937, 1946, 1950 of this title.

73 Pa.C.S. § 1952 Present employees exempted.

All appointments in the police or fire forces of townships, including the chief of police or equivalent official, prior to the creation of a civil service commission, shall continue to hold their positions and may not be required to take an examination under this chapter except that which may be required for promotion. This section may not be construed to apply to individuals employed temporarily in emergency cases.

73 Pa.C.S. § 1953 Discrimination prohibited.

(a) Application questions.--No question in a form of application for examination or in an examination or inquiry shall be so framed as to elicit information from an applicant in violation of Federal or State antidiscrimination laws, including 42 U.S.C. Ch. 21 (relating to Civil Rights) or the act of October 27, 1955 (P.L.744, No.222), known as the Pennsylvania Human Relations Act. All disclosures by an applicant of information protected by antidiscrimination laws shall be ignored. (b) Discrimination prohibited.--No discrimination shall be exercised, threatened or promised by a person against or in favor of an applicant or employee in violation of Federal or State antidiscrimination laws, including the Civil Rights Act of 1964 or the Pennsylvania Human Relations Act, and no offer or promise of reward, favor or benefit, directly or indirectly, shall be made to or received by an individual for an act or omission or to be done under this chapter.

73 Pa.C.S. § 1954 Penalty.

The following shall be considered a misdemeanor and, upon conviction, the individual shall be sentenced to pay a fine of not more than $500 or to imprisonment for not more than 90 days, or both: (1) A township commissioner who, by vote, appoints an individual to the police force or as a firefighter contrary to this chapter. (2) A township commissioner or member of the civil service commission who willfully refuses to comply with or conform to this chapter.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=73Fetched: 10/16/2026