Editor's Note: The following provisions were
attached to Ord. No. 356: IMPORTANT STATUTORY DECISIONS AND REQUIREMENTS:
AMERICANS WITH DISABILITIES ACT: After January 26, 1992, the Americans
With Disabilities Act (ADA) forbids any employer, public or private,
from requiring a job applicant to undergo a physical or psychological
examination until after the applicant has been extended an offer of
employment. This statutory requirement has been incorporated into
the Rules and Regulations for the Township of Patterson. Although
the ADA does not specifically require that a medical examination be
conducted only after an offer of promotion, for consistency and reduced
costs, both physical and psychological examinations, for promotions,
have been treated in the same manner. COURT DECISIONS: Veterans' Preference:
Two recent court decisions interpreting the employment rights of veterans
under the Veterans Preference Act, 51 Pa.C.S.A. § 7101 et
seq., were reviewed. The Township of Patterson will, therefore, follow
a Federal Appeals Court decision holding that veterans receive preference
in hiring but not in promotional opportunities. In Brickhouse v. Spring
Ford Area School District, 625 A. 2d 711 Pa. Cmwlth. 1993, the Commonwealth
Court interpreted a section of the Veterans' Preference Act which
provided that a veteran who possessed the requisite qualifications
and is eligible for appointment to, or promotion in, a public position
shall be given preference by the appointing power making the appointments
or promotion. [51 Pa.C.S.A. § 7104(a)]. Brickhouse applied
for a social studies teaching position and was, by the Court's own
admission, not the most qualified candidate. However, the Court noted
that the threshold qualifications for the position were simply a Pennsylvania
teaching certificate for social studies. Since Brickhouse was the
only veteran and met the minimum qualifications, he had an automatic
right of appointment ahead of any nonveteran and, therefore, the Court
directed that he be reinstated and receive back pay. Carter v. City
of Philadelphia, C.A.3 (Pa.) 1993. The third Circuit Court of Appeals
concluded that the language of the Veterans' Preference Act, which
provided that a veteran who appears on the certified list shall be
given preference in appointment, must be adhered to in a promotional
context. However, Carter being a Federal Court decision, the opinion
failed to cite controlling Pennsylvania Appellate Court decision.
The Township of Patterson has taken the position that the veterans
are not entitled to preference in promotional settings and will not
be awarded additional points. Also in promotional matters, a veteran
whose name appears on a certified list of three receives no preference.
By the adoption of Civil Service Rules and Regulations, the Township
of Patterson utilizes a certification process and eligibility list.
Statutory language identifies two criteria considered most important
in the hiring process. That is, the candidate must possess the requisite
qualifications and must be eligible for appointment to or promotion
in a public position. By following a procedure where the employer
only considers the top three certified names for any particular appointment,
the Township of Patterson complies fully with the Veterans' Preference
Act and the First Class Township Code. Yet we avoid the necessity
of hiring a veteran on that certified list where a veteran who ranks
below the top three candidates could lawfully assert a right to appointment
before the nonveterans, such as in the Brickhouse case listed above.
We therefore assure that the hiring or promoting of employees not
only complies with the Veterans' Preference Act but only the most
highly qualified employees are hired or promoted.