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Ordinance amending and supplementing the Pittsburgh Code, Title One: Administration, Article XI: Personnel, Chapter 181 General Provisions, by adding a new Section 181.03 entitled "Deferred Testing Opportunities During Military Deployment," to allow persons serving in the armed services to receive equal employment opportunities in the City of Pittsburgh.
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Whereas, many jobs with the City of Pittsburgh require Civil Service testing as a pre-condition of employment; and
Whereas, Civil Service testing occurs according to a specific schedule for the entire group or pool of applicants; and
Whereas, military deployment often prevents military personnel from competing for these positions; and
Whereas, the Uniform Services Employment and Reemployment Rights Act ("USERRA"), Pub. L. 103-353 of 1994, as amended, provides a certain set of rights to military personnel for returning to or maintaining civilian employment held prior to deployment; and
Whereas, the City would also like to preserve eligibility for future employment opportunities involving Civil Service positions with the City of Pittsburgh for those men and women serving in the United States Military upon their return from service; and
Whereas, City Council now wishes to promulgate legislation to remove the group testing impediment faced by such deployed military personnel.
Be it resolved that the Council of the City of Pittsburgh hereby enacts as follows: Section 1. The Pittsburgh City Code is hereby amended and supplemented by adding a new Section 181.03 entitled "Deferred Testing Opportunities During Military Deployment," which shall read as follows:
ARTICLE XI, PERSONNEL
CHAPTER 181 GENERAL PROVISIONS
181.01 COLLECTIVE BARGAINING AGREEMENTS/NON-UNION EMPLOYEES
181.02 RESIDENCY REQUIRED; EXCEPTIONS
181.03 DEFERRED CIVIL SERVICE TESTING OPPORTUNITIES DURING MILITARY DEPLOYMENT
a) Testing for an Entry-level Position.
An individual who is deployed with the United States Military during the administration of a Civil Service examination for an entry level position with the City of Pittsburgh may defer the examination until after he or she has returned from deployment, in conformity with Civil Service Commission rules and regulations. The examination can be deferred for the duration of the particular eligibility list to which he or she has applied or until that eligibility list expires, in conformity with Civil Service Commission rules and regulations. This possibility of deferred examination does not constitute or guarantee employment with the City.
b) Testing for a Promotion to a Higher Position.
An individual who is deployed with the United States Military during the administration of a Civil Service examination for a promotion to a higher position with the City of Pittsburgh may defer the examination until after he or she has returned from deployment, in conformity with Civil Service Commission rules and regulations and USERRA. The examination can be deferred for the duration of the particular eligibility list to which he or she has applied or until that eligibility list expires, in conformity with Civil Service Commission rules and regulations. This possibility of deferred examination does not guarantee promotion.
Section 2. All subsequent Sections contained in Chapter 181 shall be renumbered accordingly.