Section 55638 - Eligibility list and manner of filling appointments(a) At the completion of the testing process, including a physical agility or other examination, with the exception of a background investigation to be conducted after the establishment of an eligibility list and physical and psychological medical examination under section 643, 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 will be valid for one year from the date the commission 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 (12) 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.(b) Except as provided under subsection (c), an original position or employment in the police force or as a paid firefighter, except for the chief of police or chief of the fire department or an equivalent official, shall be filled only in the following manner: (1) The board of commissioners shall notify the commission of a vacancy which is to be filled and shall request the certification of an eligibility list.(2) For each vacancy, the commission shall certify three individuals from the eligibility list, or a fewer number of individuals if three individuals are not available, who have received the highest average for the vacancy.(3) The board of commissioners shall make a conditional appointment from the certified individuals by the commission based solely on the merits and fitness of the certified individuals, unless the board of commissioners objects to the commission regarding one or more of the certified individuals for a cause specified under section 637.(4) If any objections are sustained by the commission under paragraph (3), or if the conditional appointee is determined to be unqualified in accordance with the procedures set forth under section 643, the commission shall strike the name of the individual from the eligibility list and certify the next highest individual from names stricken from the eligibility list.(b.1) The procedure under subsection (b) shall be used to fill each subsequent vacancy that occurs in the same or another position.(c) A vacancy in an existing position in the police force or as a paid firefighter which occurs as a result of retirement, resignation, disability or death may be filled by the board of commissioners by the reappointment or reinstatement of a former employe of the police force or fire department who had previously complied with this section. No examination, other than a physical examination as directed by the civil service commission, shall be required in a case of reappointment or reinstatement to the force or department with which the employe previously served, except at the discretion of the board of commissioners or as otherwise required by law.(d) In the case of a vacancy in the office of chief of police or chief of the fire department or equivalent official, the board of commissioners may nominate an individual to the commission. The commission shall subject the nominee to a noncompetitive examination. If the nominee is certified by the commission as qualified, the nominee may be appointed to the position and shall be subject to the provisions of this subdivision.1931, June 24, P.L. 1206, art. VI, § 638, added 1949, May 27, P.L. 1955, § 20. Amended 1992, Dec. 14, P.L. 864, No. 136, § 1, effective in 60 days; 2010, Oct. 19, P.L. 521, No. 75, § 3, imd. effective; 2011, Nov. 9, P.L. 409, No. 100, § 1, imd. effective; 2020, Oct. 29, P.L. 782, No. 96, § 33, effective in 60 days [Dec. 28, 2020].