Section 12633 - Rules of commission; hearing on changes; printing and posting of rules; certification for appointmentThe commission shall adopt, amend, and enforce rules for the classified service, which shall have the force and effect of law. The rules shall provide:
1. For the classification of all positions in the classified service. 2. For public advertisement of all examinations, at least ten days in advance, in at least five newspapers having a bona fide circulation in such city of at least thirty thousand copies per issue, and for posting notices of such examinations in the office of the commission, accessible to the public during business hours. 3. For the creation of eligible lists, upon which shall be entered the names of successful candidates in the order of their standing in examination. Such lists shall remain in force not longer than two years. 4. Repealed. 1978, Oct. 4, P.L. 909, No. 173, § 9, effective in 60 days. 5. For the appointment of one of the two persons standing highest on the appropriate list to fill a vacancy.6. Regulations governing the reinstatement of persons who, without fault or delinquency on their part, have resigned or have been separated from the service: Provided, That persons who have voluntarily resigned from the service shall not be reinstated within six months: Provided, however, That the civil service commission shall not certify for appointment to the Director of Public Safety any policeman or fireman under probationary appointment or otherwise, in the event of vacancies occurring in the department or any increase in the number of policemen and firemen required to be filled, if there are available for appointment, policemen or firemen who, without fault or delinquency on their part, have been separated from the service. And provided further, That the civil service commission shall not hold any examination for any vacancies existing, as aforesaid, until such list of policemen and firemen separated, as aforesaid, shall have been exhausted by appointment to such vacancies; and further provided, that any policeman or fireman, who has been separated from the service without fault or delinquency on his part, is hereby reinstated upon the civil service eligible list for policemen or firemen without any further examination, whether physical or otherwise; and further provided, however, that any policeman or fireman reinstated in accordance with the provisions of this act shall not be entitled to any pay or compensation for the period during which he was separated from the said service, and not actively engaged in the performance of the duties of a policeman or a fireman. 7. For the appointment of unskilled laborers in such order as the commission may prescribe.8. For the adoption and amendment of rules only after public notice and hearing. The commission shall adopt such other rules, not inconsistent with the foregoing provisions of this section, as may be necessary and proper for the enforcement of this article.
The rules may, in the discretion of the commission, also provide:
(a) For standards of efficiency for each grade of the service, for the maintenance of records of efficiency and seniority to be furnished by the departments and kept by the civil service commission, and for promotion from the lower grades to the higher grades, based on such records of efficiency and seniority or on competitive promotion tests, or both. An increase of compensation within a grade may be granted on the basis of efficiency and seniority records. An advancement in rank or an increase in salary beyond the limit fixed for the grade by the rules shall constitute promotion. Whenever practicable, vacancies shall be filled by promotion. Provision may be made for methods for ascertaining and verifying the facts from which such records of relative efficiency shall be made. These shall be uniform for each grade. (b) For transfer from one position to a similar position in the same class and grade in the same or a different department. The commission shall grant public hearings upon all changes in the rules before adopting the same, and give reasonable public notice of such hearings by posting, for at least one week, on its official bulletin board, open to the public, in its office, a copy of all proposed changes. One week after the rules have been adopted, printed, and posted on such official bulletin board, said rules shall take effect and shall have the force of law. Printed copies of the rules shall be made available for public distribution.
1919, June 25, P.L. 581, art. XIX, § 12.