Header:
TITLE 351. PHILADELPHIA HOME RULE CHARTER
ARTICLE VII. EXECUTIVE AND ADMINISTRATIVE BRANCH -- POWERS AND DUTIES
CHAPTER 4. CIVIL SERVICE: REGULATIONS
Date:
08/31/2009
Document:
§ 7.7-401. Contents
The regulations shall provide for:
(a) The preparation, maintenance and revision of a position classification plan for all positions in the civil service, based upon similarity of duties performed and responsibilities assumed, so that the same qualifications may reasonably be required for and the same schedule of pay may be equitably applied to all positions in the same class;
(b) A pay plan for all employees in the civil service. Each employee shall be paid at one of the rates set forth in the pay plan for the class of position in which he is employed;
(c) Open competitive examinations to test the relative fitness of applicants for the respective positions. Such examinations need not be held until after the regulations have been adopted, the service classified and a pay plan established, but must be held not later than one year after this charter takes effect. Such examinations shall be announced publicly at least fifteen days in advance and shall be appropriately advertised;
(d) The granting, as may from time to time be required by statute or ordinance, or preference in entrance examinations to qualified persons who have been members of the armed forces of the United States;
(e) Promotions which shall give appropriate consideration to the applicant's qualifications, record of performance, seniority and conduct. Vacancies shall be filled by promotion whenever possible, and promotion shall be on a competitive basis except where the Personnel Director with the approval of the Civil Service Commission finds that competition is impracticable;
(f) The establishment of eligible lists for appointment and promotion, upon which lists shall be placed the names of successful candidates in the order of their relative excellence in the respective examinations. Such lists shall continue in force for at least one year from the date of their establishment and thereafter until exhausted or replaced by more recently prepared lists but in no case longer than two years. All such lists shall be available for public inspection;
(g) The rejection of candidates or eligibles who fail to comply with reasonable requirements in regard to such factors as age, physical condition, training and experience, or who have attempted any deception or fraud in connection with an examination;
(h) For the certification of the two persons standing highest on the appropriate eligible list to fill a vacancy. After an eligible has been rejected twice by an appointing authority in favor of others on the same eligible list, such name shall not again be certified to that appointing authority, except upon written request from the appointing authority but the passing over of a non-veteran eligible in order to appoint a veteran shall not constitute a rejection;
(i) The institution of accepted permanent identification methods for all employees in the civil service;
(j) A period of probation not to exceed six months before appointment or promotion may be made complete, and during which period a probationer may, with the consent of the Personnel Director, be discharged or reduced in class or rank, or replaced on the eligible list;
(k) Provisional and emergency appointments without examination, and temporary appointments. Provisional appointments may be made only with the concurrence of the Personnel Director and in the absence of an appropriate eligible list and shall continue only until and appropriate eligible list can be established and certification made therefrom, but in no event for more than ninety days in any twelve month period, except during the first year after the effective date of this charter in order to avoid stoppage of the orderly conduct of the business of the City. Emergency appointments may be made only in case of an unforeseen emergency to prevent serious impairment of the public business and shall continue only during the period of the emergency and in no event longer than thirty days. Temporary appointments may be made with or without examination to positions that will not continue longer than six months. No person may serve as a temporary appointee for longer than six months in any twelve month period;
(1) The appointment of unskilled laborers after such qualifying tests of fitness as the Personnel Director may prescribe;
(m) Transfer from one position to a similar position in the same class and level of responsibility, and for reinstatement within one year of persons who resign in good standing or who are laid off from their positions without fault or deliquency on their part;
(n) The establishment of a system for determining and reviewing, and the keeping of records of, annual efficiency ratings of performance of all employees in the civil service, which efficiency ratings shall be considered in determining salary increases and decreases provided in the pay plan, as a factor in promotion tests, as a factor in determining the order of lay-offs because of lack of funds or work and for reinstatement, and as a factor in demotions, discharges and transfers;
(o) Lay-offs by reason of lack of funds or work, or abolition of a position, or material change in duties or organization, and for reinstatement of employees laid off, or who resigned or were granted leaves of absence;
(p) Suspensions from the service for not longer than thirty days;
(q) Discharge or reduction in rank or grade after appointment or promotion is completed only after the person to be discharged or reduced has been presented with the reasons for such discharge or reduction, specifically stated, and has been allowed a reasonable time to reply thereto in writing. The reasons and the reply shall be filed with the Personnel Director;
(r) Hours of work, holidays, attendance regulations, and special leaves of absence in the various classes of positions in the civil service;
(s) A system permitting employees appropriate annual vacation and sick leave;
(t) The development and operation of programs to improve the work effectiveness and morale of employees of the City, including safety, health, welfare, recreation, training and education and labor relations, including grievances and hearings thereon;
(u) Such residence qualifications for employees in the civil service as the Council may from time to time require but the Civil Service Commission may, upon the request of the Personnel Director, waive any such requirements whenever, in its discretion, the circumstances warrant such waiver;
(v) Such other matters as may be proper and necessary.
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