Pennsylvania Act 1907-167 — REGULATING AND IMPROVING THE CIVIL SERVICE IN SECOND CLASS CITIES

Act text

REGULATING AND IMPROVING THE CIVIL SERVICE IN SECOND CLASS CITIES
                  Act of May 23, 1907, P.L. 206, No. 167              Cl. 11
                                  AN ACT

     To regulate and improve the civil service of the cities of the
        second class in the Commonwealth of Pennsylvania; making
        violations of its provisions to be misdemeanors, and
        providing penalties for violations thereof.

        Compiler's Note:  Section 11 of Act 265 of 1951 provided that
            Act 167 is repealed insofar as it relates to employees in
            bureaus of police in second class cities.
        Section 1.  Be it enacted, &c., That on and after the first
     day of July, one thousand nine hundred and seven, appointments
     to, and promotions in, the civil service of the cities of the
     second class shall be made only according to qualifications and
     fitness, to be ascertained by examinations, which, so far as
     practicable, shall be competitive, as hereinafter provided. On
     and after the said date, no person shall be appointed,
     transferred, reinstated, or promoted, as an officer, clerk,
     employe, or laborer, in the civil service under the government
     of any city of the second class, in any manner or by any means
     other than those prescribed in the act: Provided, however, That
     among those persons possessing equal qualifications and eligible
     for appointment to any office, preference in appointment shall
     be given to honorably discharged soldiers and sailors who served
     in the Army or Navy of the United States during the War of the
     Rebellion, or to honorably discharged soldiers, sailors, and
     marines, who served in the armed forces of the United States or
     its Allies during its war against the Imperial German
     Government: Provided further, however, That if the preference
     hereby provided for be for any reason invalid, all the other
     provisions of this act shall remain in force with like effect as
     if said preference had not been contained therein, it being the
     intention of the Legislature not to make the other provisions of
     the act dependent upon the validity of said preference.
        The term "civil service" of a city shall include all offices,
     positions, and employments, in which the officers or employes
     are paid by the city treasurer, either directly or through some
     official or agent, and all offices, positions, and employments,
     in or under institutions, departments, boards, or commissions,
     wherein the city, through any official or board or commission,
     has the exclusive right to select the officials and employes.
        (1 amended May 8, 1919, P.L.118, No.89)
        Section 2.  There shall be a Civil Service Commission in each
     city of the second class, consisting of three commissioners to
     be appointed by the mayor. The persons appointed commissioners
     shall be men in full sympathy with the purposes of this act. Not
     more than two of the said commissioners at any one time shall be
     adherents of the same political party. The commissioners in each
     city shall be appointed as follows: On the first day of July,
     one thousand nine hundred and seven, the mayor of each city of
     the second class shall appoint three commissioners, to serve
     until the expiration of his term of office and until their
     successors are appointed and qualified. The mayor shall appoint
     one of the commissioners president of the commission. Whenever
     any vacancy shall exist in the office of president of the
     commission, the mayor shall have the right to appoint any member
     of the commission the president thereof, and the person so
     appointed shall serve as president until the expiration of his
     term. At the expiration of the terms of said commissioners the
     mayor of each city of the second class shall, after his
     induction into office, appoint commissioners to serve for the
     full term of the office of said mayor, and thereafter each
     mayor, on his induction, shall appoint three commissioners,
     under this act, to serve as Civil Service Commissioners for the
     full term of his office as mayor. The mayor may, at any time,
     remove a commissioner, for good cause, which shall be stated in
     writing and made part of the records of the commission, and fill
     such vacancy, or any other vacancy which may occur in said
     commission, by appointment of a successor, to serve for the
     remainder of the unexpired term. No commissioner shall hold any
     other office under the United States, the Commonwealth of
     Pennsylvania, or any city or county thereof; nor shall any
     commissioner serve on any political committee, or take any
     active part in the management of any political campaign. The
     salaries of the commissioners shall be fixed by the city
     councils; and the president of the commissioners shall receive a
     salary of not less than five hundred dollars per year, and each
     of the other commissioners shall be paid a salary of not less
     than two hundred and fifty dollars per year. The commissioners
     shall qualify by filing with the mayor an oath to perform
     faithfully the duties of their office.

        Compiler's Note:  Section 9(b) of Act 173 of 1978 provided
            that section 2 is repealed insofar as it is inconsistent
            with 1 Pa.C.S. § 2301(b) (relating to equality of rights
            based on sex)..
        Section 3.  The Civil Service Commission, in each city of the
     second class, shall employ a chief examiner, who shall also act
     as secretary, and such other clerks, examiners, and employes as
     it may deem necessary or proper to carry out the purpose of this
     act. The clerks, examiners and employes shall receive salaries,
     to be fixed by the Civil Service Commission and approved by the
     mayor. Councils shall annually appropriate the sums necessary
     for the work of the commission.
        Section 4.  No officer or officers, having the power of
     appointment to, or employment in, the civil service of any city
     of the second class, shall, after the first day of July, one
     thousand nine hundred and seven, select or appoint any person
     for appointment, employment, promotion, or reinstatement except
     in accordance with the provisions of this act and the rules and
     regulations prescribed thereunder: Provided, That the power of
     the mayor to appoint special policemen in times of emergency or
     riot, as provided in article three, section one, of the act of
     March seventh, one thousand nine hundred and one, entitled "An
     act for the government of cities of the second class," as
     amended by the act of April twenty-three, one thousand nine
     hundred and three, entitled "An act changing the title of the
     chief executive officer in cities of the second class from
     recorder to mayor," shall remain as heretofore.
        Section 5.  It shall be the duty of the mayor and heads of
     departments of every city of the second class to cause suitable
     and convenient rooms and accommodations to be assigned or
     provided, and to be furnished, heated, and lighted, for carrying
     on the work and examinations of the Civil Service Commission.
     The Civil Service Commission may order from the proper
     authorities the necessary stationery, postage stamps, and
     official seal and other articles to be supplied, and the
     necessary printing to be done, for its official use. It shall be
     the duty of the officers of every city of the second class to
     aid the Civil Service Commission in all proper ways in carrying
     out the provisions of this act, and to allow the reasonable use
     of public buildings, and to heat and light the same, for holding
     examinations and investigations, and in all proper ways to
     facilitate the same.
        Section 6.  The Civil Service Commission in each city of the
     second class shall:--
        First.--Prescribe, amend and enforce rules and regulations
     for carrying into effect the provisions of this act. All rules
     so prepared may, from time to time, be added to, amended or
     rescinded: Provided, That all rules shall be approved by the
     mayor before they go into effect, but when so approved shall not
     be annulled or changed except by the commission with the
     approval of the mayor: And provided further, however, That if
     the mayor takes no action on a rule or amendment, submitted to
     him, within a period of ten days from the date of its
     submission, then the rule or amendment shall become effective as
     though approved by the mayor.
        Second.--Keep minutes of its own proceedings, and records of
     its examinations and other official action. All recommendations
     of applicants for office, received by the said commission or by
     any officer having authority to make appointments to office,
     shall be kept and preserved for a period of three years, and all
     such records--recommendations of former employes excepted--and
     all written causes of removal, filed with it, shall, subject to
     reasonable regulation, be open to public inspection.
        Third.--Make investigations, either sitting as a body or
     through a single commissioner, concerning all matters touching
     the enforcement and effect of the provisions of this act, and
     the rules and regulations prescribed thereunder, concerning the
     action of any examiner or subordinate of the commission, or of
     any person in the public service in respect to the execution of
     this act; and, in the course of such investigations, each
     commissioner and the chief examiner shall have power to
     administer oaths and affirmations, and to take testimony.
        Fourth.--Have power to subpoena and require the attendance of
     witnesses, and the production thereby of books and papers
     pertinent to the investigations and inquiries hereby authorized,
     and to examine them and such public records as it shall require,
     in relation to any matter which it has the authority to
     investigate. The fees of such witnesses for attendance and
     travel shall be the same as for witnesses before the courts of
     common pleas, and shall be paid from the appropriation for the
     incidental expenses of the commission. All officers in the
     public service, and their deputies, clerks, subordinates, and
     employes, shall attend and testify when required to do so by
     said commission. Any disobedience to, or neglect of, any
     subpoena issued by the said commissioners, or any one of them,
     to any person, shall be held a contempt of court, and shall be
     punished by any court of common pleas of this Commonwealth,
     within the county in which is the city of the second class from
     the Civil Service Commission of which the said subpoena had
     issued, as if such subpoena had been issued therefrom. Any judge
     of any of said courts shall, upon the application of any one of
     said commissioners, in such cases, cause the process of said
     court to issue to compel such person or persons, disobeying or
     neglecting any such subpoena, to appear and to give testimony
     before the said commissioners, or any one of them, and shall
     have power to punish any such contempt.
        Fifth.--Have power to recommend the impeachment or removal of
     officials or employes who shall be deemed guilty by a majority
     of the commissioners, after a full hearing, of the charges that
     they have coerced or attempted to coerce their subordinates in
     the performance or non-performance of a political or other
     service having no relation to the duties of a municipal employe,
     or in the payment of a contribution for a political purpose.
     Such recommendation shall be made, in writing, to the body or
     person having the power to impeach or to remove the accused
     official or employe.
        Sixth.--Make an annual report to the mayor, showing its own
     actions and rules and regulations, and all the exceptions
     thereto in force, and the practical effects thereof, and any
     suggestions it may approve for the more effectual accomplishment
     of the purposes of this act. At least five hundred copies of the
     annual report shall be printed for public distribution.
        Section 7.  The civil service of each of the cities of the
     second class shall be divided into the unclassified service and
     the classified service. The unclassified service shall
     comprise:--
        All officers elected by the people.
        All heads of departments, whose appointment is subject to
     confirmation by the select council thereof.
        The members of each Civil Service Commission.
        All persons appointed by name in any statute.
        The classified service shall comprise all persons not
     included in the unclassified service.
        Section 8.  The Civil Service Commission, in each city of the
     second class, shall make rules and regulations providing for
     examinations for positions in the classified service of each
     city, and for appointments to and promotions therein, and for
     such other matters as are necessary to carry out the purposes of
     this act. Due notice of the contents of such rules and
     regulations and of any modifications thereof shall be given, by
     mail, in due season, to appointing officers and heads of
     departments affected thereby; and said rules and regulations and
     modifications thereof shall also be printed for public
     distribution. All original appointments to the competitive and
     non-competitive classes of the service shall be for a
     probationary period of three months: Provided, however, That at
     any time during the probationary period the appointee may be
     dismissed for just cause, in the manner provided in section
     twenty. If at the close of this probationary term, the conduct
     or capacity of the probationer has not been satisfactory to the
     appointing officer, the probationer shall be notified, in
     writing, that he will not receive absolute appointment,
     whereupon his employment shall cease; otherwise, his retention
     in the service shall be equivalent to his final appointment.

        Compiler's Note:  Section 2 of Act 53 of 1969 provided that
            section 8 is repealed insofar as it is inconsistent with
            Act 53.
        Section 9.  All examinations for positions in the classified
     service shall be practical in their character, and shall relate
     to such matters, and include such inquiries, as will fairly and
     fully test the comparative merit and fitness of the persons
     examined to discharge the duties of the office or employment
     sought by them. All examinations shall be open to all applicants
     who have fulfilled the preliminary requirements, stated in
     section ten of this act. The examinations of applicants for
     employment as laborers shall relate to their capacity for labor,
     their habits as to sobriety and industry, and their experiences
     in the kind of work for which they apply. All applicants for any
     position in the classified service may, subject to regulations
     adopted by the Civil Service Commission, be required to submit
     to a physical examination before being admitted to the regular
     examinations held by the commission. Adequate public notice of
     the time and place of every examination held under the
     provisions of this act, together with information as to the kind
     of position or place to be filled, shall be given at least one
     week prior to such examinations. The said commission shall adopt
     reasonable regulations for permitting the presence of
     representatives of the press at the examinations. The commission
     shall post, in a public place in its office, the eligible lists,
     containing the names and grades of those who have passed
     examinations for positions in the competitive class, and shall
     indicate thereon such appointments as may be made from said
     lists.
        Section 10.  The Civil Service Commission, in each city of
     the second class, shall require persons applying for admission
     to any examination provided for under this act or under the
     rules and regulations of the said commission, to file in its
     office, a reasonable time prior to the proposed examination, a
     formal application, in which the applicant shall state under
     oath or affirmation:--
        First.--His full name, residence, and postoffice address.
        Second.--His citizenship, age, and the place and date of his
     birth.
        Third.--His health, and his physical capacity for public
     service.
        Fourth.--His business and employments and residences for at
     least the three previous years.
        Fifth.--Such other information as may reasonably be required,
     touching the applicant's qualifications and fitness for the
     public service.
        Blank forms for such applications shall be furnished by the
     said commission, without charge, to all persons requesting the
     same. The said commission may require, in connection with such
     application, such certificates of citizens, physicians or
     others, having knowledge of the applicant, as the good of the
     service may require. The said commission may refuse to examine
     an applicant, or, after examination, to certify an eligible, who
     is found to lack any of the established preliminary requirements
     for the examination or position or employment for which he
     applies; or who is physically so disabled as to be rendered
     unfit for the performance of the duties of the position to which
     he seeks appointment; or who is addicted to the habitual use of
     intoxicating liquors or drugs; or who has been guilty of any
     crime or of infamous or notoriously disgraceful conduct; or who
     has been dismissed from the public service for delinquency or
     misconduct; or who has made a false statement of any material
     fact, or practiced or attempted to practice any deception or
     fraud in his application, in his examination, or in securing his
     eligibility; or who refuse to comply with the rules and
     regulations of the commission. If any applicant feels himself
     aggrieved by the action of the commission in refusing to examine
     him, or, after an examination, to certify him as an eligible, as
     provided in this section, the commission shall, at the request
     of such applicant, appoint a time and place for a public
     hearing; at which time such applicant may appear, by himself or
     counsel, or both, and the commission shall then review its
     refusal to make such examination or certification, and testimony
     shall be taken. The commission shall subpoena, at the expense of
     the applicant, any competent witnesses requested by him. After
     such review, the commission shall file the testimony taken, in
     its records, and shall again make a decision, which shall be
     final. When any position to be filled involves fiduciary
     responsibility, the appointing officer may require the appointee
     to furnish a bond, or other security, and shall notify the
     commission of the amount and other details thereof: Provided,
     however, That any surety company, the bonds of which are
     accepted by a judge of any court of record of the county wherein
     the city is located, shall be a sufficient surety on any such
     bond.
        Section 11.  The offices, positions, and employments in the
     classified service of every city of the second class shall be
     arranged by the Civil Service Commission in four classes, to be
     designated as the exempt class, the competitive class, the non-
     competitive class, and the labor class.
        Section 12.  The following positions shall be included in the
     exempt class:--
        First.--The superintendent of police and detectives, and the
     chief of the fire department.
        Second.--One secretary and one confidential clerk to the
     mayor, and one confidential clerk to the director of each
     executive department.
        Third.--In addition to the above, there may be included in
     the exempt class other offices or positions, except laborers,
     for the filling of which competitive or non-competitive
     examinations shall be found by the Civil Service Commission to
     be impracticable. But no office or position shall be deemed to
     be in the exempt class unless it is specifically named in such
     class in the rules; and the reason for each such exemption shall
     be stated, separately, in the annual reports of the said
     commission. Not more than one appointment shall be made to, or
     under the title of, any such office or position, unless a
     different number is specifically mentioned in the rules. No
     office or position shall be classified by the commission in the
     exempt class, except after public hearing by the commission, or
     any member thereof. Suitable public notice of such hearing shall
     be given by the said commission. At any such hearing any
     taxpayer of the city shall have the right to be heard, either in
     person or by counsel, either in opposition to or in favor of the
     proposed exemption. Appointments in the exempt class may be made
     without examination.
        Section 13.  The competitive class shall include all
     positions and employments now existing or hereafter created, of
     whatever functions, designations, or compensation, in each and
     every branch of the classified service, except such positions as
     are in the exempt class, the non-competitive class, or the labor
     class. Appointments shall be made to, or employment shall be
     given in, all positions in the competitive class that are not
     filled by promotion, reinstatement, transfer, or reduction,
     under the provisions of this act and the rules made in pursuance
     thereof, by appointment from among those certified to the
     appointing officer, in accordance with the provisions of section
     fourteen of this act. The term of eligibility of an applicant
     shall be fixed, for each list, by the Civil Service Commission,
     at not less than one nor more than three years. The names of
     those persons eligible for appointment shall always be listed
     and certified in the order of their gradings, beginning with the
     highest. Appointments shall be made from the eligible list most
     nearly appropriate, and a new and separate list shall be created
     only when there is no appropriate list existing from which
     appointments may be made. No person shall be appointed or
     employed under any title not appropriate to the duties to be
     performed; and no person shall be transferred to any position
     subject to a competitive examination unless he shall have
     previously passed an open, competitive examination equivalent to
     that required for such position.
        Section 14.  Every position or employment in the competitive
     class, unless filled by promotion, transfer, reinstatement, or
     reduction, shall be filled only in the following manner: The
     appointing officer shall notify the Civil Service Commission of
     any vacancy in the service which he desires to fill, and shall
     request the certification of eligibles. The commission shall
     forthwith certify, from the appropriate eligible list, the names
     of the three persons thereon who received the highest averages
     at examinations held under the provisions of this act. The
     appointing officer shall, thereupon, with sole reference to the
     relative merit and fitness of the candidates, make an
     appointment from the three names so certified: Provided,
     however, That should he make objection, to the commission, to
     one or more of these persons, for any of the reasons stated in
     section ten of this act, and should such objections be sustained
     by the commission, the commission shall thereupon strike the
     name of such person from the eligible list, and certify the next
     highest name for each person so stricken off. As each subsequent
     vacancy occurs, in the same or a similar position, precisely the
     same procedure shall be followed: Provided, however, That after
     any name has been three times rejected, for the same or a
     similar position, in favor of a name or names below it on the
     same list, the said name shall be stricken from the list. When
     there are a number of positions of the same kind to be filled at
     the same time, each appointment shall, nevertheless, be made
     separately and in accordance with the foregoing provisions. When
     an appointment is made under the provisions of this section, it
     shall be, in the first instance, for the probationary period of
     three months, as provided in section eight of this act. The
     provisions of this section (fourteen) shall not apply in making
     appointments to competitive positions which are specially
     excepted by the commission from competitive examinations under
     the authority conferred in section fifteen.
        Section 15.  Positions in the competitive class may be filled
     without competition, only as follows:--
        First.--Wherever there are urgent reasons for filling a
     vacancy in any position in the competitive class, and there is
     no list of persons eligible for appointment after a competitive
     examination, the appointing officer may nominate a person to the
     Civil Service Commission for non-competitive examination; and if
     such nominee shall be certified by the said commission as
     qualified, after such non-competitive examination, he may be
     appointed provisionally, to fill such vacancy until a selection
     and appointment can be made after competitive examination, in
     the manner prescribed in section fourteen; but such provisional
     appointment shall not continue for a longer period than three
     months, nor shall successive provisional appointments be made to
     the same position, under this provision.
        Second.--In case of a vacancy in a position in the
     competitive class, where peculiar and exceptional qualifications
     of a scientific, professional, or educational character are
     required, and upon satisfactory evidence that, for specified
     reasons, competition in such special case is impracticable, and
     that the position can be best filled by the selection of some
     designated person of high and recognized attainments in such
     qualities, the said commission may suspend the provisions of the
     statute requiring competition in such case; but each such
     suspension shall relate to only a single appointment, and shall
     not be general in its application to the position, and all such
     cases of suspension shall be reported in detail in the annual
     reports of the commission, with the reasons for the same.
        Third.--When the services to be rendered are of a temporary
     character and for a limited period, not to exceed six months,
     the appointing officer shall advise the commission, stating the
     duration of such period, the rate of compensation, and other
     conditions of employment, and may thereupon select for such
     temporary employment one of the first three persons on the
     appropriate eligible list who have expressed a willingness to
     accept a temporary appointment. Successive temporary
     appointments shall not be made under this clause; nor shall any
     person be eligible to temporary appointment if he has served
     under either a temporary or a provisional appointment, in the
     same office or department, within the previous six months. The
     acceptance or refusal, by an eligible, of a temporary
     appointment shall not affect his standing on the register for
     permanent employment, nor shall the period of temporary service
     be counted as a part of the probationary service in case of
     subsequent appointment to a permanent position. The acceptance
     of a temporary appointment shall not confer upon the eligible
     any of the rights of promotion, transfer, or reinstatement.
        Section 16.  Vacancies in positions in the competitive class
     shall be filled, so far as practicable, by promotions from among
     persons holding positions in a lower grade in the department,
     office, or institution in which the vacancy exists. Promotions
     shall be based upon merit, to be ascertained by tests to be
     provided by the Civil Service Commission, and upon the superior
     qualifications of the person promoted, as shown by his previous
     service and experience. The commission shall have the power to
     determine, in each instance, whether an increase in salary
     constitutes a promotion. No promotion shall be made to a
     position in the competitive class, from a position in another
     class, except after such competitive examination and
     certification as is provided for original entrance to the
     competitive class: Provided, however, That persons holding
     positions in the labor class may be promoted to positions in the
     lowest grade of the competitive class, upon promotion
     examinations as provided in this section, when such examination
     is specifically authorized by the commission. No person shall be
     promoted to a position, for original entrance to which there is
     required, by this act or the rules adopted pursuant thereto, an
     examination involving essential tests or qualifications
     different from or higher than those required for original
     entrance to positions held by such persons, except as above
     provided.
        Section 17.  The Civil Service Commission, in each city of
     the second class, shall promulgate rules relating to transfers
     and reinstatements in the service, to be approved by the mayor
     as hereinbefore provided.
        Section 18.  The non-competitive class shall include only
     such positions as are not in the exempt class or the labor
     class, and which it is impracticable, in the judgment of the
     Civil Service Commission, to include in the competitive class.
     Appointments to positions in the non-competitive class shall be
     made after such non-competitive examination as is prescribed by
     the regulations of the Civil Service Commission. The said
     commission shall state in its annual report the number of
     persons who come within this class and the character of their
     services.
        Section 19.  The labor class shall include ordinary,
     unskilled laborers. Vacancies in the labor class shall be filled
     by appointment from lists of applicants registered by the Civil
     Service Commission. Preference in employment from such lists
     shall be given according to regulations to be prescribed by the
     commission. The commission may establish separate labor lists
     for various institutions and departments. The commission shall
     require an applicant for registration for the labor service,
     before he can be registered, to furnish such evidence or to pass
     such examinations as it may deem proper with respect to his age,
     residence, physical condition, capacity for labor, sobriety,
     industry, and experience in the kind of work for which he
     applies.
        Section 20.  No officer, clerk, or employe, in the
     competitive class or in the non-competitive class of the
     classified civil service of any city of the second class, who
     shall have been appointed under the provisions of this act, or
     of the rules made pursuant thereto, shall be removed,
     discharged, or reduced in pay or position except for just cause,
     which shall not be religious or political. Further, no such
     officer, clerk, or employe shall be removed, discharged, or
     reduced, except as provided in section eight of this act, until
     he shall have been furnished with a written statement of the
     reasons for such action, and been allowed to give the removing
     officer such written answer as the person sought to be removed
     may desire. In every case of such removal or reduction a copy of
     the statement of reasons therefor, and of the written answer
     thereto, shall be furnished to the Civil Service Commission, and
     entered upon its records. Nothing in this act shall limit the
     power of any officer to suspend a subordinate for a reasonable
     period, not exceeding thirty days: Provided, however, That
     successive suspensions shall not be allowed, except in special
     cases, where reasons of public importance make it necessary, and
     where the permission of the commission has first been obtained
     and recorded upon its public records. Nothing in this act shall
     alter the procedure required for the removal or punishment of
     policemen and firemen, as provided in the act of March seventh,
     one thousand nine hundred and one, relating to the government of
     cities of the second class.
        Compiler's Note:  Section 6 of Act 349 of 1943 provided that
            section 20 is repealed insofar as it relates to second
            class A cities.
        Section 20.1.  If for reasons of economy, lack of funds,
     abolition of position or positions, or for any other reasons, it
     becomes necessary for any city of the second class to reduce the
     number of employes then the city shall follow the following
     procedure:
        First.  If there are any employes eligible for retirement
     under the terms of any pension fund, then such reduction in
     number shall be made by retirement on pension of all the oldest
     in age and service;
        Second.  If the number of employes eligible for retirement
     under the pension fund of said city, if any, is insufficient to
     effect the reduction in number desired by said city, or if there
     is no eligible person for retirement, or if no pension fund
     exists in such city, then the reduction shall be effected by
     suspending the last employe or employes regardless of title or
     classification, including probationers, provisional and
     substitute employes that have been appointed. Such removal shall
     be accomplished by suspending in numerical order, commencing
     with the last employe appointed, all recent appointees until
     such reduction shall have been accomplished. Whenever the number
     of such employes shall be again increased in numbers, or if any
     vacancies occur, the employes suspended under the terms of this
     act shall be reinstated to that former class before any new
     appointees are appointed in reverse order to their suspensions.
        (20.1 added Jun. 20, 1947, P.L.663, No.286)
        Section 21.  No person shall be appointed to or employed in
     any position in the classified service, in any city of the
     second class, until he has passed an examination, or is shown to
     be specially exempted from such examination, in conformity with
     the provisions of this act and of the rules made pursuant
     thereto.  It shall be the duty of each appointing officer of
     every city of the second class to report to the Civil Service
     Commission forthwith, upon such appointment or employment, the
     name of such appointee or employe, the title of his office or
     employment, the date of commencement of service by virtue
     thereof, and the salary or compensation thereof, and any
     separation of a person from the service, or other change
     therein, and such other information as the Civil Service
     Commission may require. The Civil Service Commission shall keep
     in its office official rosters, in the form of books, card-
     catalogs, or otherwise, of the classified civil service of the
     city--laborers excepted--and shall enter thereon the name of
     each and every person who is legally in the service of the city
     of the first day of July, one thousand nine hundred and seven,
     and of each and every person who is thereafter appointed,
     employed, promoted, reduced, or reinstated in any position in
     such service, upon such evidence as it may require or deem
     satisfactory that such person was appointed to, employed,
     promoted, reduced, or reinstated in, the service in conformity
     with the provisions of this act and the rules adopted pursuant
     thereto. These rosters shall be open to public inspections at
     all reasonable hours. The rosters shall show, in connection with
     each name, the grading, the date of appointment, employment,
     promotion, reduction or reinstatement, the compensation of the
     position, the title of the position, and the date and cause of
     any termination of such office or employment.
        Section 22.  It shall be unlawful, after the first day of
     July, one thousand nine hundred and seven, for the controller of
     any city of the second class to audit and approve the warrants
     for, or for the city treasurer to pay the salary of, any person
     in the classified service, unless the controller shall have
     previously received notice from the Civil Service Commission
     that the persons named thereon have been legally appointed.
        Section 23.  No question in any form of application or in any
     examination shall be so framed as to elicit information
     concerning the political or religious opinions or affiliations
     of any applicant; nor shall any inquiry be made concerning such
     opinions or affiliations; and all disclosures thereof shall be
     discountenanced. No discrimination shall be exercised,
     threatened, or promised by any person in the civil service
     against, or in favor of, an applicant, eligible, or employe in
     the classified service, because of his political or religious
     opinions or affiliations. No person shall appoint, promote,
     discharge, remove, reduce, or discriminate in any way against,
     any officer, clerk, or employe in the competitive, non-
     competitive or labor classes in the classified civil service of
     any city of the second class, because he has made or given, or
     because he has refused or neglected to make or give, any
     contribution, whether voluntary or involuntary, assessment or
     payment, for any campaign or political purpose, or for the
     benefit or promotion of any political party, or for use by any
     committee or party in connection with any general or primary
     election.
        Section 24.  Whoever makes an appointment to office, or
     selects a person for employment, contrary to the provisions of
     this act, or wilfully refuses or neglects otherwise to comply
     with, or to conform to, any of the provisions of this act, or
     violates any of such provisions, shall be deemed guilty of a
     misdemeanor.
        Section 25.  Abuse of office by commissioner or examiner a
     misdemeanor
        Any commissioner or examiner, or any other person, who shall
     wilfully, by himself or in co-operation with one or more
     persons, defeat, deceive, or obstruct any person in respect of
     his or her right of examination or registration according to
     this act or to any rules or regulations prescribed pursuant
     thereto; or who shall, wilfully or corruptly, falsely mark,
     grade, estimate, or report upon the examination or proper
     standing of any person examined, registered, or certified
     pursuant to the provisions of this act, or aid in so doing; or
     who shall wilfully or corruptly make any false representations
     concerning the same, or concerning the person examined; or who
     shall wilfully or corruptly furnish to any person any special or
     secret information, for the purpose of either improving or
     injuring the prospects or chances of appointment of any person
     so examined, registered, or certified; or to be examined,
     registered, or certified; or who shall personate any other
     person, or permit or aid in any manner any other person to
     personate him or her, in connection with any examination or
     registration, or application or request to be examined or
     registered, shall, for each offense, be deemed guilty of a
     misdemeanor.  1907, may 23, p.l. 206, sec. 25.
        Section 26.  Punishment for violations of act
        Misdemeanors under the provisions of this act shall be
     punishable by a fine of not less than fifty dollars, nor more
     than one thousand dollars, or by imprisonment for a term not
     exceeding two years, or by both such fine and imprisonment, in
     the discretion of the court.  1907, May 23, P.L. 206, Sec. 26.
        Section 27.  All officers, clerks, and employes in the cities
     of the second class, holding office, under appointment, on the
     first day of July, one thousand nine hundred and seven, shall be
     construed to have been appointed under the provisions of this
     act, and shall hold their offices in accordance therewith.
        Section 28.  All acts and parts of acts of Assembly of this
     Commonwealth, general, special, or local, in relation to the
     civil service of cities of the second class, inconsistent with
     this act be and the same are hereby repealed. It is intended by
     this act to furnish a complete and exclusive system for the
     appointment, promotion, reduction, transfer, removal, or
     reinstatement of all officers, clerks, laborers, and other
     employes in the civil service of the cities of the second class
     in this Commonwealth.
        Section 29.  In case of the consolidation of any cities, or
     annexation of any city to another city, in which such Civil
     Service Commission shall exist at the time of the consolidation
     or annexation, such consolidation or annexation shall not
     deprive any of said commissioners of his office and compensation
     for the full term for which he shall have been appointed, unless
     it extends beyond the time provided hereinafter for the
     expiration thereof; but, in the meantime, a temporary Civil
     Service Commission is provided as follows: The Civil Service
     Commission of each of said cities shall be, and are hereby,
     consolidated, and shall form one Civil Service Commission, who
     shall be subject to the provisions of this act, and hold their
     office until the expiration of the term of the mayor then in
     office in the consolidated city, or city to which the other city
     is annexed; when the terms of all shall expire. The successor to
     the mayor then in office shall, upon his election and upon his
     taking office, appoint a full board of Civil Service
     Commissioners under the terms of this act.