4 Pa. Code § 93.8. Service to departments, boards and commissions, agencies and political subdivisions; cooperation with other civil service agencies.

§ 93.8. Service to departments, boards and commissions, agencies and political subdivisions; cooperation with other civil service agencies.

(a)  Acquisition of services. The services and facilities of the Commission and its staff shall be available to departments, boards, commissions, or agencies, and political subdivisions of the Commonwealth under the following terms and conditions:
   (1)  Formal application for extension of the services of the Commission shall be made in writing and shall be signed by the executive head of the requesting department, or by the chairman of the board, commission, or agency, accompanied by a proper resolution adopted by the board, commission, or agency, or by the proper official of the political subdivision, as appropriate.
   (2)  Applications for the extension of the services of the Commission shall state in detail the particular services requested, if less than a complete merit system is desired. If the applying agency desires the Commission to administer a complete merit system, the application shall so state and shall specify desired exceptions to the application of the act.
   (3)  Granting of the application shall be evidenced by a formal written contract or agreement, consistent with this section, between the applicant and the Commission, a copy of which shall be retained by the Commission as a public record.
   (4)  Applications for the requested extension of services may be granted in whole or in part at the discretion of the Commission.
   (5)  The Director will maintain, and make available to prospective applicants on request, a list of classes of positions in the classified service and of classes of positions to which the services of the Commission have been extended.
   (6)  In the case of a contract between an agency and the Commission extending a complete merit system to a class of positions, the legally applicable provisions of the act and this part shall be deemed incorporated in the contract, unless the contract specifies otherwise.
(b)  Reimbursement for services. Reimbursement shall be as follows:
   (1)  The Commission shall be reimbursed for the actual cost of preparing, administering and rating examinations; and for the semi-annual cost of services and facilities made available, in the proportion which the cost of the services and facilities bears to the total cost of these services and facilities of the Commission, based on the ratio of its employes in the classified service to those of all the agencies serviced by the Commission.
   (2)  The number of employes in the classified service in each agency serviced shall be reported to or tabulated by the Director on the last working day of each month.
(c)  Personnel actions by political subdivisions. Personnel actions taken by political subdivisions under contract with the Commission shall conform to the act, this part, and the contract, unless the action would have an impossible or unreasonable result, in which case the Director shall determine the appropriate action to be taken.

Source

   The provisions of this §  93.8 adopted October 18, 1961; amended October 15, 1964 and April 16, 1970; amended March 29, 1985, effective March 30, 1985, 15 Pa.B. 1151; amended November 15, 1991, effective November 16, 1991, 21 Pa.B. 5334. Immediately preceding text appears at serial pages (96743) to (96744).

Notes of Decisions

   Because a contract between a county and an agency specifically provided that the county should adhere to its prevailing practices as to retirement, the contract controls, pursuant to the provisions of 4 Pa. Code §  93.8(6), over the Commission’s interpretation of the Civil Service Act, and the county correctly adhered to its prevailing practice of requiring an employe to retire at age 65. Delaware County Child Care Services v. Goodley, 417 A.2d 868, 870 (Pa. Cmwlth. 1980).

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