11 PA Cons Stat § 14406 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 11 - CITIES|Chapter 144 - Civil Service|Section 14406 - Selection of appointee from certified list of applicants

§ 14406. Selection of appointee from certified list of applicants. The following shall apply to civil service selection, conditional appointments and appointments and shall be incorporated by reference in the rules and regulations of the civil service board:  (1) The civil service board shall make and keep, in numerical order, a list containing the names of all applicants for civil service positions in the city who pass the required examinations, including any required physical fitness or agility examinations that are job related and consistent with business necessity.  (2) Physical fitness and agility examinations shall be conducted on a pass-fail basis. (3) Written and oral examinations used to establish an eligibility list shall offer the opportunity to achieve 100 points.  (4) If both written and oral examination methods are used in conjunction with each other, the board, prior to initiating testing, shall establish what constitutes a passing score on each portion of the examination. If only a written examination method is used, the board shall establish the passing score before the examination is conducted.  (5) When more than one individual takes examinations for any position at the same time, the names of all those successfully passing the examination shall be entered on the eligibility list in the order of their respective point totals, the highest coming first.  (6) The board shall furnish to council a certified copy of all lists prepared and kept. Lists are public records and shall be maintained for a period of two years or until a new list is certified to council, whichever occurs first.  (7) Whenever council determines an initial appointment is to be made to a civil service position in the city, the director of the department in which the appointment is to be made shall make written application to the chairperson of the board, who shall certify to council, in writing, the three names on the eligibility list of applicants for the position having the highest number of points, unless there are less than three eligible names on the list, in which event the board shall certify the names. The director of the department in which the appointment is to be made shall nominate to council an individual from the eligibility list submitted to fill the vacancy.  (8) If council approves the nomination, the individual nominated shall be conditionally appointed by council to fill the vacancy and shall be assigned for service in the department, subject to any required physical or psychological medical examinations that may be required by the board as a condition of permanent appointment in accordance with section 14404.1 (relating to physical and psychological medical examinations).  (9) If council does not approve the nomination or if the appointee is determined by the medical examination process to be unqualified, the director of the department in which the appointment is to be made shall submit another nomination for the position from the remaining names, if any. If the second nomination is not approved by council or if the appointee is determined by the medical examination process to be unqualified, the director shall submit the third name, if any.  (10) The individual whose nomination by the director is approved by council shall be appointed to fill the civil service position under consideration.  (11) The name of the individual appointed shall be immediately stricken from the certified list of the board, and, except as otherwise provided in this subsection, the names of the nonappointed individuals shall immediately be restored to their proper place on the certified list. Names shall be stricken from the certified list if:  (i) the name of any applicant has been submitted to council and been rejected three times; (ii) the conditional applicant has not been appointed three times; or (iii) the conditional applicant has been determined by the medical examination process to be unqualified.  (12) Examinations for promotions for civil service positions in the city shall be made pursuant to section 14406.1 (relating to promotions).  (13) As used in this section, the term "medical examination" shall have the meaning given to it in section 14404.1(f).    Special Provisions in Appendix. See section 3(3)(vi) of Act 67 of 2015 in the appendix to this title for special provisions relating to continuation of prior law.  Cross References. Section 14406 is referred to in section 14404.1 of this title.