Coverage note: this corpus holds the
consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check
palegis.us.
§ 7104. Preference in appointment.
(a) Non-civil service.--Whenever a veteran possesses the requisite qualifications for appointment to a public
position that is not subject to civil service appointment examination and the veteran
is otherwise eligible for appointment, the appointing authority in making the appointment
shall give preference to the veteran. A veteran may not begin or hold the public position
until proof of discharge papers, separation documents or statement of service are
provided to the appointing authority.
(b) Name on civil service list.--Whenever a veteran's name appears on an eligible list certified or provided as the
result of a civil service examination, the appointing authority in making an appointment
to a public position shall give preference to the veteran, notwithstanding the veteran's
standing on the eligible list if the appointment is otherwise made in accordance with
71 Pa.C.S. § 2402 (relating to selection and appointment of eligibles). A veteran
may not begin or hold the public position until proof of discharge papers, separation
documents or statement of service are provided to the appointing authority.
(c) Name not on civil service list.--In making an appointment to a public position where a civil service examination is
required, an appointing authority may give preference to a veteran who has passed
the required examination for appointment to such position and otherwise possesses
the requisite qualifications of the public position, notwithstanding that the veteran's
name does not appear on the eligible list certified or provided to the appointing
authority. A veteran may not begin or hold the public position until proof of discharge
papers, separation documents or statement of service are provided to the appointing
authority.
(Oct. 29, 2020, P.L.1045, No.102, eff. 60 days)
Notes of Decisions
Brickhouse v. Spring-Ford Area Sch. Dist., 656 A.2d 483 (Pa. 1995).
· cites it 12× “When a veteran has applied for a vacancy on the teaching staff of a public school and establishes that he is certified to teach in Pennsylvania, must the veteran be hired for the position pursuant to the Veterans' Preference Act, 51 Pa.C.S. § 7104, when the other applicants are…”
Merrell v. Chartiers Valley Sch. Dist., 855 A.2d 713 (Pa. 2004).
· cites it 4× “Section 7104(a), 51 Pa.C.S. § 7104(a), relating to non-civil service employment, provides: "Whenever any soldier possesses the requisite qualifications and is eligible to appointment to or promotion in a public position, where no such civil service examination is required, the…”
Basile v. Elizabethtown Area Sch. Dist., 61 F. Supp. 2d 392 (E.D. Pa. 1999).
· cites it 4× “Plaintiff also alleges as a pendent state claim a violation of the Pennsylvania Veterans’ Preference Act, 51 Pa.C.S. § 7104. The court has before it Defendants’ Motion for Summary Judgment; Plaintiffs Reply to Defendants’ Motion; Plaintiffs Motion for Summary Judgment;…”
Zablow v. Bd. of Educ. of Pittsburgh, 729 A.2d 124 (Pa. Commw. Ct. 1999).
· cites it 4× “Zablow cross-motioned for summary judgment and alleged that he was “entitled to preference in hiring under 51 Pa.C.S. § 7104.” Motion’s for Summary Judgment as to Liability, January 26, 1996, Paragraph 5 at 2; R.”
Hoffman v. Twp. of Whitehall, 677 A.2d 1200 (Pa. 1996).
· cites it 2× “ Whenever any soldier possesses the requisite qualifications, and his name appears on any eligible or promotional list, certified or furnished as the result of any such civil service examination, the appointing or promoting power in making an appointment or promotion to a…”
William S. Markel v. Harry R. McIndoe Mun. of Penn Hills, a Mun. Corp., 59 F.3d 463 (3rd Cir. 1995).
· cites it 3× “Subsequently appellees presented the additional contention that, in any event, they were, as a matter of law, required by 51 Pa.Cons.Stat. Ann. § 7104(b) — a section of Pennsylvania’s Veterans’ Preference Act of August 1,1975— to promote eligible veterans ahead of appellant, a…”
Merrell v. Chartiers Valley Sch. Dist., 51 A.3d 286 (Pa. Commw. Ct. 2012).
“The court found that the School District violated Section 7104(a) of the Act, commonly known as the Veterans’ Preference Act, 51 Pa.C.S. § 7104(a), by failing to give Mer-rell veteran’s preference in processing his application for a teacher position.”
Herskovitz v. Commonwealth, State Civil Serv. Comm'n, 534 A.2d 160 (Pa. Commw. Ct. 1987).
· cites it 2× “Section 7104 of the Code, 51 Pa. C. S. §7104, provides that a "soldier" who possesses the requisite qualifications under the Code, is entitled to its benefits.”
Rasmussen v. Borough of Aspinwall, 519 A.2d 1074 (Pa. Commw. Ct. 1987).
· cites it 2× “On November 26, 1984, Rasmussen filed an appeal with the Court of Common Pleas of Allegheny County, contending that the Borough Council should have appointed him to the position of Patrolman Third Class because of the mandate of Section 7104(b) of the Veterans Preference Act,…”
— 51 Pa. Cons. Stat. § 7104(a) — 12 cases
Brickhouse v. Spring-Ford Area Sch. Dist., 656 A.2d 483 (Pa. 1995).
“When a veteran has applied for a vacancy on the teaching staff of a public school and establishes that he is certified to teach in Pennsylvania, must the veteran be hired for the position pursuant to the Veterans' Preference Act, 51 Pa.C.S. § 7104, when the other applicants are…”
Merrell v. Chartiers Valley Sch. Dist., 855 A.2d 713 (Pa. 2004).
“Section 7104(a), 51 Pa.C.S. § 7104(a), relating to non-civil service employment, provides: "Whenever any soldier possesses the requisite qualifications and is eligible to appointment to or promotion in a public position, where no such civil service examination is required, the…”
Merrell v. Chartiers Valley Sch. Dist., 51 A.3d 286 (Pa. Commw. Ct. 2012).
“The court found that the School District violated Section 7104(a) of the Act, commonly known as the Veterans’ Preference Act, 51 Pa.C.S. § 7104(a), by failing to give Mer-rell veteran’s preference in processing his application for a teacher position.”
Basile v. Elizabethtown Area Sch. Dist., 61 F. Supp. 2d 392 (E.D. Pa. 1999).
“Plaintiff also alleges as a pendent state claim a violation of the Pennsylvania Veterans’ Preference Act, 51 Pa.C.S. § 7104. The court has before it Defendants’ Motion for Summary Judgment; Plaintiffs Reply to Defendants’ Motion; Plaintiffs Motion for Summary Judgment;…”
Zablow v. Bd. of Educ. of Pittsburgh, 729 A.2d 124 (Pa. Commw. Ct. 1999).
“Zablow cross-motioned for summary judgment and alleged that he was “entitled to preference in hiring under 51 Pa.C.S. § 7104.” Motion’s for Summary Judgment as to Liability, January 26, 1996, Paragraph 5 at 2; R.”
— 51 Pa. Cons. Stat. § 7104(b) — 20 cases
Brickhouse v. Spring-Ford Area Sch. Dist., 656 A.2d 483 (Pa. 1995).
“When a veteran has applied for a vacancy on the teaching staff of a public school and establishes that he is certified to teach in Pennsylvania, must the veteran be hired for the position pursuant to the Veterans' Preference Act, 51 Pa.C.S. § 7104, when the other applicants are…”
Hoffman v. Twp. of Whitehall, 677 A.2d 1200 (Pa. 1996).
“ Whenever any soldier possesses the requisite qualifications, and his name appears on any eligible or promotional list, certified or furnished as the result of any such civil service examination, the appointing or promoting power in making an appointment or promotion to a…”
William S. Markel v. Harry R. McIndoe Mun. of Penn Hills, a Mun. Corp., 59 F.3d 463 (3rd Cir. 1995).
“Subsequently appellees presented the additional contention that, in any event, they were, as a matter of law, required by 51 Pa.Cons.Stat. Ann. § 7104(b) — a section of Pennsylvania’s Veterans’ Preference Act of August 1,1975— to promote eligible veterans ahead of appellant, a…”
Zablow v. Bd. of Educ. of Pittsburgh, 729 A.2d 124 (Pa. Commw. Ct. 1999).
“Zablow cross-motioned for summary judgment and alleged that he was “entitled to preference in hiring under 51 Pa.C.S. § 7104.” Motion’s for Summary Judgment as to Liability, January 26, 1996, Paragraph 5 at 2; R.”
— 51 Pa. Cons. Stat. § 7104(c) — 1 case
Rasmussen v. Borough of Aspinwall, 519 A.2d 1074 (Pa. Commw. Ct. 1987).
“On November 26, 1984, Rasmussen filed an appeal with the Court of Common Pleas of Allegheny County, contending that the Borough Council should have appointed him to the position of Patrolman Third Class because of the mandate of Section 7104(b) of the Veterans Preference Act,…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.