Section 4216 - Sheriff's employes, counties of second class(a) Appointment and promotion of deputies and other employes in the office of sheriff of a county of the second class shall be made in the manner provided by the act of May 31, 1974 (P.L. 296, No. 94), entitled "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," except as otherwise provided in this section.(b) Whenever a vacancy is likely to occur or is to be filled in a permanent position in the office of sheriff, the sheriff shall submit to the department of human resources a statement indicating the position to be filled. The department of human resources shall thereupon certify to the sheriff the names of the three eligibles willing to accept appointment who are highest, according to the results of the written examination, on the appropriate promotion list or employment list, whichever is in existence. If there are less than three eligibles on appropriate eligible lists who are willing to accept appointment, the department of human resources shall certify all the names on these lists. If upon inquiry by the department of human resources or appropriate authority any person on any promotion or employment list is found to be not available for promotion or appointment, the person's name shall not for the time being be considered among the names from which a promotion or appointment is to be made.(c) Appointees shall be selected for each existing vacancy from the eligible list in the order of names of the three persons thereon who have received the highest average on the written examination. Examinations shall be administered for positions of the rank of lieutenant and below, and interviews shall be conducted with the three persons who have received the highest average. Appointments shall be made from among the three persons who received the highest average combined score of the examination and interview.(d) Civil service examinations to test applicants shall relate to such matters and include such inquiries as will fairly test the merits and fitness of the persons examined to discharge the duties of employment.(e) Probationary appointments to positions in the force may, notwithstanding section 6 of the act of May 31, 1974 (P.L. 296, No. 94), be terminated, for cause, prior to completion of the nine-month probationary period.(f) Notwithstanding the provisions of section 1(c) of the act of May 31, 1974 (P.L. 296, No. 94), all positions of the rank of lieutenant and below shall be classified as competitive, thereby extending civil service coverage to such lieutenants in the applicable bargaining unit. Persons holding positions of lieutenant or below on the effective date of this section shall continue to occupy those positions but shall fulfill the requirements of any future promotions on and after the effective date of this amendment. New openings for a vacancy in the position of lieutenant and below shall be classified as competitive on and after the effective date of this section.(g) In no case shall an applicant for promotion to the position of sergeant in the sheriff's office be considered until the applicant shall have first served three years in the sheriff's office as a deputy sheriff. No member of the sheriff's office shall be eligible to take any promotional examination for the position of sergeant until after serving three (3) years in the sheriff's office as a deputy sheriff. No member of the sheriff's office shall be eligible to take a promotional examination for the position of lieutenant unless the member holds the position of sergeant in the sheriff's office. Each member of the sheriff's office shall have his examination mark or grade increased by an additional one-half point for each year he served in the sheriff's office, but such additional points shall not exceed ten points. Points shall be added to the mark or grade of only those members passing the examination.(h) All applicants for examination shall undergo a physical examination which shall be conducted under the supervision of a doctor of medicine. No person shall be eligible for appointment until a doctor certifies to the department of human resources or appropriate authority that the applicant is free from any physical or mental conditions which would preclude him or her from the discharge of the duties of the position desired in the sheriff's office. [Jan. 3, 2012].
1953, July 28, P.L. 723, No. 230, § 1216, added 1998, Jan. 27, P.L. 1, No. 1, § 1, imd. effective. Amended 2011, Nov. 3, P.L. 360, No. 89, § 2, effective in 60 days [1/3/2012].