Bill Text: PA HB1262 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for the Civil Service Board of Appeals Act; and making an appropriation.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-04-05 - Referred to APPROPRIATIONS [HB1262 Detail]

Download: Pennsylvania-2011-HB1262-Introduced.html

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PRINTER'S NO. 1403
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1262 Session of2011
INTRODUCED BY BOBACK, CALTAGIRONE, FABRIZIO, GEIST, GINGRICH, GOODMAN, MURT AND REICHLEY, APRIL 5, 2011
REFERRED TO COMMITTEE ON APPROPRIATIONS, APRIL 5, 2011
AN ACT
Providing for the Civil Service Board of Appeals Act; and making
an appropriation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Civil Service
Board of Appeals Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board." The Civil Service Board of Appeals established in
section 3.
"Commission." The State Civil Service Commission established
by the act of April 9, 1929 (P.L.177, No.175), known as The
Administrative Code of 1929.
"Veteran." A person who is honorably discharged from the
armed forces of the United States or its reserve components.
Section 3. Civil Service Board of Appeals.
(a) Establishment.--The Civil Service Board of Appeals is
established as an independent agency to hear appeals from final
orders of the State Civil Service Commission.
(b) Appointments.--The board shall have five members who
shall serve at the pleasure of the appointing authority and be
appointed as follows:
(1) Two members of the Senate, of whom one shall be
appointed for a four-year term by the Majority Leader of the
Senate and one shall be appointed for a four-year term by the
Minority Leader of the Senate.
(2) Two members of the House of Representatives, of whom
one shall be appointed for a two-year term by the Majority
Leader of the House of Representatives and one shall be
appointed for a two-year term by the Minority Leader of the
House of Representatives.
(3) One member of whom shall be appointed by the
Governor.
(4) At least one member shall be of an ethnic minority,
one member shall be a woman and one member shall be a
veteran.
(5) The members of the board shall elect a chairman from
among its members to serve a two-year term.
(c) Salaries.--The salaries shall be fixed by the Executive
Board as provided by the act of April 9, 1929 (P.L.177, No.175),
known as The Administrative Code of 1929.
(d) Cost-of-living increases.--The board members shall
receive annual cost-of-living increases under section 3(e) of
the act of September 30, 1983 (P.L.160, No.39), known as the
Public Official Compensation Law. Each board member shall be
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entitled to receive necessary and actual traveling expenses.
(e) Appointee requirements.--Any person appointed as a
member of the board shall be a citizen and legal resident of
this Commonwealth for a period of not less than one year who is
in sympathy with modern personnel methods and the application of
merit principles to public employment. No person who, within one
year preceding his appointment, has been an officer of a
political party shall be eligible to serve as a board member.
Section 4. Meetings of board.
The board shall meet at least quarterly. Meetings may be
canceled with appropriate public notice. The chairman of the
board shall cause reasonable notice to be given to each member
of the board and to the executive director of the time and place
of each meeting. Meetings shall be held at the call of the
chairman. Three members of the board shall constitute a quorum
at any meeting.
Section 5. Duties of board.
The board shall have the following powers and duties:
(1) To hear appeals from all final orders made by the
State Civil Service Commission.
(2) To report by June 1 and each year thereafter to the
General Assembly on all complaints, grievances and cases
arising from questions by veterans with regard to the
application of and the results attained by use of the
veterans' preference provisions of the act of August 5, 1941
(P.L.752, No.286), known as the Civil Service Act, with
regard to hiring, promotion and firing of employees covered
by this act.
(3) After a hearing, the board shall issue an order to
affirm or deny or issue any other order it deems necessary.
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Section 6. Professional staff.
In accordance with the act of October 15, 1980 (P.L.950,
No.164), known as the Commonwealth Attorneys Act, the board
shall appoint and direct such attorneys as needed in its
performance of the duties required under this act. The attorneys
shall have the power and duty to:
(1) Assist the board in legal matters.
(2) Review appeal material.
(3) Prepare memorandum for the board.
Section 7. Executive director.
The board shall appoint an individual as executive director
of the Civil Service Board of Appeals. The executive director
shall be familiar with the principles and methods of personnel
administration and be familiar with other aspects of public
employment. The executive director shall be appointed by the
board and serve at the pleasure of the members of the board. The
executive director's salary shall be fixed by the Executive
Board as provided by the act of April 9, 1929 (P.L.177, No.175),
known as The Administrative Code of 1929.
Section 8. Powers and duties of executive director.
Under the direction and supervision of the board, the
executive director shall direct and supervise the administrative
work of the board except as otherwise provided in this act. The
executive director shall have the power and duty to:
(1) Appoint such staff as may be necessary to carry out
this act and to supervise and direct this work.
(2) Attend the meetings of the board.
(3) Prepare and recommend to the board the procedures
for conducting meetings and official business.
Section 9. Appropriation.
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The General Assembly shall appropriate $1,000,000 initially
to the Civil Service Board of Appeals to establish the board and
carry out the provisions of this act.
Section 20. Effective date.
This act shall take effect in one year.
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