PROPOSED RULEMAKING

STATE CIVIL SERVICE COMMISSION

[4 PA. CODE CH. 95]

Promotion Procedure

[31 Pa.B. 6454]

   The State Civil Service Commission (Commission) proposes to amend Chapter 95 (relating to promotion procedures). The Commission is publishing this amendment as a notice of proposed rulemaking under the authority of section 208 of the Civil Service Act (act) (71 P. S. § 741.208).

A.  Effective Date

   The proposed amendment, if approved on final-form rulemaking, will go into effect upon publication of an order adopting the amendment in the Pennsylvania Bulletin.

B.  Contact Person

   For further information on the proposed amendment, contact Randall C. Breon, whose contact information appears in the ''Public Comments'' section of this Preamble.

   This proposal is available electronically through the Commission's website (http://www.scsc.state.pa.us).

C.  Statutory Authority

   The statutory authority for the proposal is section 203(1) of the act (71 P. S. § 741.203(1)).

D.  Purpose and Background

   A change in the procedures for promotions was requested by the State agency ''clients'' of the Commission. Currently the State's personnel system has civil service and noncivil service employees. Many are initially hired into noncivil service positions. These employees often work for the State for years, and sometimes are promoted from one noncivil service position to another. In many instances, however, they reach a point when their logical and natural career progression would call for a promotion to a particular position, but that position is covered by the act. Currently our rules require that the noncivil service employees compete with and be treated in the same fashion as non-Commonwealth employees being newly hired into the civil service system. The result is that some career State employees who started their employment as noncivil service reach a ''career ceiling'' prematurely. If not for the barrier presented by our current rules, their skills, knowledge and abilities would allow for further promotion.

   The proposed amendment gives the employing agency of State government an option to consider both civil service and noncivil service employees for promotion on an equal basis. This would replace the current rule that precludes an agency from considering noncivil service Commonwealth employees for promotion into civil service positions. To be promoted, the noncivil service employees would be required to take and pass an examination for the title, and compete against other similarly situated Commonwealth employees both civil service and noncivil service. The goal is to enhance the employment opportunities for all Commonwealth employees.

E.  Summary of Proposal

   The proposed amendment is designed to permit additional promotion methods by which noncivil service State employees may compete with civil service State employees for civil service covered positions. Noncivil service State employees would be required to take and pass civil service examinations, and be appointable in accordance with the ''rule of three'' described by the act.

F.  Paperwork

   The proposed rulemaking will not add to existing paperwork requirements.

G.  Fiscal Impact

   The proposed rulemaking will have no adverse fiscal impact on the Commonwealth or its appointing authorities.

H.  Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on November 13, 2002, the Commission submitted a copy of this proposed rulemaking to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House and Senate Committees on State Government. In addition to submitting the proposed rulemaking, the Commission has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Commission in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request.

   Under section 5(g) of the Regulatory Review Act, if IRRC has objections to any portion of the proposed rulemaking, it will notify the Commission within 10 days of the close of the Committees' review period. The notification shall specify the regulatory review criteria that have not been met by the portion of the proposed rulemaking to which an objection is made. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Commission, the General Assembly and the Governor of objections raised.

I.  Public Comments

   Interested persons are invited to submit written comments, objections or suggestions about the proposed rulemaking to Randall C. Breon, Deputy for Operations, State Civil Service Commission, (717) 787-5343 or (717) 772-2685 (TT), P. O. Box 569, 320 Market Street, 4th Floor, Strawberry Square Complex, Harrisburg, PA 17108-0569, within 30 days after publication of this notice in the Pennsylvania Bulletin. Comments may be submitted by facsimile to (717) 783-8736.

   Comments also may be submitted electronically at rbreon@state.pa.us. A subject heading of the proposal and a return name and address must be included in each transmission. In addition, all electronic comments must be contained in the text of the transmission, not in an attachment. If an acknowledgement of electronic comments is not received by the sender within 2 working days, the comments should be retransmitted to ensure receipt.

   The Commission invites comments from interested persons, agencies and organizations at its public hearings on the proposed amendment to be held as follows:

   Western Regional Office, 1503 State Office Building,
300 Liberty Avenue, Pittsburgh, PA 15222-1210
November 29, 2001, noon

   Eastern Regional Office, 10 South 11th Street, 2nd    Floor,
Philadelphia, PA 19107-3618
December 3, 2001, noon

   Public Hearing Room in the Commission's Main Office
Strawberry Square Complex, 4th Floor, Bowman Worth    Building,
320 Market Street, Harrisburg, PA 17108-0569
December 12, 2001, noon

RONALD K. ROWE,   
Executive Director

   Fiscal Note:  61-04. No fiscal impact. (8) recommends adoption.

Annex A

TITLE 4.  ADMINISTRATION

PART IV.  CIVIL SERVICE COMMISSION

CHAPTER 95.  SELECTION OF [EMPLOYES] EMPLOYEES FOR ENTRANCE TO, OR PROMOTION IN, THE CLASSIFIED SERVICE

EXAMINATIONS REQUISITE FOR APPOINTMENT AND PROMOTION

§ 95.7.  Promotion procedure.

*      *      *      *      *

   (b)  Methods of promotion. Vacancies may be filled by promotion in the following ways:

   (1)  By appointment of probationary or regular [employes] employees of a given appointing authority or between appointing authorities from an appropriate employment list.

*      *      *      *      *

   (3)  By appointment of [probationary or regular] Commonwealth [employes from employes] employees of a given appointing authority or between appointing authorities, who appear on an appropriate employment list and who meet eligibility criteria as established by the Director.

*      *      *      *      *

[Pa.B. Doc. No. 01-2105. Filed for public inspection November 21, 2001, 9:00 a.m.]

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