Important Facts

Borough Code Rewrite: Major changes to civil service law.

First Class Township Code:  Major amendments to civil service

Third Class City Code Rewrite:  Major Changes in Civil Service Law for Third Class Cities.  Now offering civil service rewrites to comply with Act 21 of 2014, Article XLIV - The civil service Section of the Third Class City Code.

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Civil Service - Strict Compliance
Pennsylvania Appellate Courts are uniformly consistent in their holdings. Strict compliance with “civil service provisions required - substantial compliance” is not sufficient. Simply put, if you hire a “civil service” police officer or firefighter and you do not follow explicitly your rules, the particular code requirements and case law, the hiring are in effect and illegal hire and that officer does not retain civil service status or due process rights if challenged in later years. 

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Police Tenure Act of 1951, P.L 586, No. 44, as Amended
The Act regulates the suspension, removal, furloughing and reinstatement of police officers (full-time) in boroughs and townships of the first class having less than three "members, and all full-time officers in townships of the second class. Generally, every full-time police officer in Pennsylvania has a "due process right either under the civil service law or the police tenures act. The only exception is when a police chief is hired in a civil service community and is not afforded the opportunity to receive civil Service status through a non-competitive process. The major difference between civil service law and the police tenure act is that the civil service law addresses a merit selection process for police officers including promotions and a due process right for those hired and promoted under civil service. The police tenure act only addresses a due process right for full-time police officers.

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Veterans Preference Law Update
Sicuro v. City of Pittsburgh 684 A2d 232 PA Commw., 1996: The Commonwealth Court ruled that job applicants for a civil service position who are member of the National Guard and Reserves were eligible for veterans’ preference status only when the applicants completed both the training and service components of the
military commitment.

Soberick v. Salisbury Township Civil Service Commission 874 A2.d 155 PA. Commw., 2005:
A reservist who had served 11 months and 3 days of active duty and received an honorable discharge, but did not complete his reserve commitment was entitled to veterans Preference.