§ 105.2. Personnel actions.
Written notice shall be required for:
(1) Appointment.
(2) Promotion.
(3) Removal.
(4) Suspension.
(5) Demotion.
(6) Furlough.
(7) Retirement.
(8) Resignation.
(9) Transfer.
(10) Reassignment.
(11) Leave of absence.
(12) Extension or reduction of probationary period.
(13) Compensation changes, except salary increments, general pay increases, or special pay for such things as overtime or out-of-class work.
(14) Performance evaluation.
(15) Reclassification.
Source The provisions of this § 105.2 adopted October 18, 1961; amended October 15, 1964 and April 16, 1970; amended March 29, 1985, effective March 30, 1985, 15 Pa.B. 1151; amended November 15, 1991, effective November 16, 1991, 21 Pa.B. 5334. Immediately preceding text appears at serial pages (150314) to (150315).
Notes of Decisions Furlough
The State Civil Service Commission did not err in allowing the Department of Community Affairs to present testimony and evidence indicating that the employee was furloughed due to lack of work even though the furlough notice indicated that he was being furloughed for lack of funds, where this regulation does not direct the appointing authority to provide reasons for a furlough, and where, because there can only be two reasons for a furlough, an employee is on notice that he or she is being furloughed due to lack of funds or work. McAndrew v. State Civil Service Commission, 736 A.2d 26 (Pa. Cmwlth. 1999); appeal dismissed 758 A.2d 1167 (Pa. 2000).
Although the list provided by this section is not exclusive, written reprimands are distinguishable from performance evaluation reports and may not be interpreted as ‘‘personnel actions’’ which are appealable. McGuire v. Department of Aging, 592 A.2d 830 (Pa. Cmwlth. 1991).
Service ratings are appealable personnel actions under paragraph (14). Boris v. Department of Environmental Resources, 474 A.2d 722 (Pa. Cmwlth. 1984).
Pay reductions are not among the types of personnel actions encompassed by the Civil Service Act and listed in this section; therefore, deductions from store manager’s pay by the Liquor Control Board because of unexplained cash shortages are not appealable. Coventry and Independent State Store Union v. Liquor Control Board, 473 A.2d 249 (Pa. Cmwlth. 1984).
The notice requirement of this section protects only those persons directly subject to personnel action such as transfer, appointment or suspension from a violation of their due process right to be apprised of any change in employment status. Written notice of another employee’s promotion to fill a vacancy is not a ‘‘personnel action’’ within the meaning of this section. Taylor v. State Civil Service Commission, 447 A.2d 1098 (Pa. Cmwlth. 1982).
Loss of supervisory authority, without more, is not a personnel action. Tempero v. Department of Environmental Resources, 403 A.2d 226 (Pa. Cmwlth. 1979).
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