Pennsylvania Statutes Title 53 P.S. Municipal and Quasi-Municipal Corporations § 53264. Eligibility list and manner of filling appointments

(a) At the completion of the testing process, including any background, physical agility or other examinations, with the exception of physical and psychological medical examinations pursuant to section 19 of this act,  1 the commission shall rank the candidates who have satisfied the minimum requirements for appointment on an eligibility list.  The eligibility list shall contain the names of individuals eligible for appointment listed from highest to lowest based on their scores on the examinations administered by the commission and any points for which the applicant was entitled by virtue of 51 Pa.C.S. Ch. 71 (relating to veterans' preference).  The eligibility list shall be valid for one year from the date the commission ranks all passing applicants, assigns veterans' preference points and formally adopts the eligibility list.  Prior to expiration of the one-year period, the commission may extend the validity of the eligibility list for up to an additional twelve months by a majority vote of the commission at a duly authorized commission meeting.  In the absence of a lawful extension by the commission, the list shall expire at the end of the original one-year period.

(b) Every position or employment, except that of chief of police or equivalent official, unless filled by promotion, reinstatement or reduction shall be filled only in the following manner:  the appointing officer or body of the municipality shall notify the commission of any vacancy in the police force which is to be filled and shall request the certification of an eligibility list.  The commission shall certify the names of the three persons on the eligibility list who have received the highest average in the last preceding examination for each vacancy.  The appointing officer or body shall make a conditional appointment from the three names certified, based solely on the merits and fitness of the candidates, unless the appointing officer or body makes an objection to the commission regarding one or more of the persons on the eligibility list for any of the reasons provided under section 13 of this act.  2  Should an objection be sustained by the commission as provided in section 13 of this act, or if the conditional appointee is determined to be unqualified in accordance with the procedures set forth in section 19 of this act, the commission shall strike the name of the person from the eligibility list and certify the next highest name for each name stricken from the eligibility list.  As each subsequent vacancy occurs in the same or another position precisely the same procedure shall be followed.

(c) In the case of a vacancy in the office of chief of police or equivalent official the appointive power may nominate a person to the commission.  It shall thereupon become the duty of the commission to subject such person to a noncompetitive examination, and, if such person shall be certified by the commission as qualified, he may then be appointed to such position and thereafter shall be subject to all the provisions of this act.