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This Guide is intended to provide basic information concerning appeals to the Civil Service Commission. For your convenience, references are hyperlinked to the Home Rule Charter and Civil Service Regulations.
VARIOUS TYPES OF APPEALS, JURISDICTIONAL REQUIREMENTS AND PROCEDURES FOR FILING
Appeals Concerning DISABILITY
Injured or sick employees ordered to return to duty from a work-related injury or disability who claim inability to perform the duty assigned may appeal to the Commission. The requirements of such an appeal and employee responsibility are set forth in Civil Service Regulation 32.11.
Injured or sick employees ordered to accept reasonable medical treatment for a work-related injury or disability who disagree with such treatment may appeal to the Commission. The requirements of such an appeal and employee responsibility are set forth in Civil Service Regulation 32.047 (temporary disabled employees), Regulation 32.054 (permanently and totally disabled employees), and Regulation 32.0614 (permanently and partially disabled employees), which provide, inter alia:COMPLIANCE WITH TREATMENT...
A Regulation 32 employee who is instructed, by a physician authorized by the Medical Director, to accept reasonable medical treatment, and does not do so, is being insubordinate, even if the employee disagrees with the treatment. In such a situation, however, the employee may appeal to the Civil Service Commission. Should the employee file an appeal with the Civil Service Commission within thirty (30) days of such refusal to accept the treatment, the employee's absence from work for the period between the date of filing such appeal and the date a decision thereon is entered by the Commission shall be charged against accrued sick leave, vacation leave or holiday compensatory time. In the event that accrued sick and vacation leave and compensatory time are utilized and exhausted during the period prior to the Commission's decision, the employee shall thereafter be carried without pay. A Commission decision adverse to the employee will entitle the City to recover wages paid by the City for sick leave so used retroactive to the date of the appeal.
Employees who disagree with certain other determinations regarding claimed disabilities may also appeal to the Commission. Such employees must be making a claim for more than ten (10) days' benefit under Regulation 32 and must be appealing from a written determination of their appointing authority or the Personnel Director. The requirements for such appeals and employee responsibility therefor are set forth in Civil Service Regulation 32.12 et seq.
Appeals concerning DISMISSALS, DEMOTIONS and SUSPENSIONS.
The requirements and procedures for an appeal of a DISMISSAL, DEMOTION or SUSPENSION are set forth in Civil Service Regulation 17.061.
Appeals concerning EXAMINATIONS.
The Commission has no jurisdiction to consider appeals from scores on written examinations. However, persons receiving failing scores on ORAL TESTS may appeal to the Commission. The appeal must be filed within thirty days of mailing of results, except that the Personnel Director may reduce the appeal period by appropriate announcement to seven days. See Civil Service Regulation 9.091. The requirements, procedures, and power of the Civil Service Commission are set forth in Civil Service Regulation 9.11 et seq.
Appeals concerning LAYOFFS.
Procedures for implementing layoffs are set forth in Civil Service Regulation 16. A laid off employee may appeal to the Commission if the employee believes that the required procedures have not been followed, that the layoff was not in good faith or was otherwise improper. The requirements and procedures of such an appeal are set forth in Civil Service regulation 16.017.
Appeals concerning LEAVES OF ABSENCE.
Generally, the granting or denial of leaves of absence is within the discretion of the appointing authority, subject to the approval of the Personnel Director. However, in cases where rejection of a request for leave of absence has the effect of causing the employee's separation from employment, or if an employee's separation is caused by failure to return from an approved leave of absence, an appeal may be taken to the Commission. The requirements and procedures of such an appeal are set forth in Civil Service Regulation 22.021 et seq.
Appeals concerning PERFORMANCE REPORTS.
Employees receiving an overall rating of "Improvement Needed" or lower may appeal to the Commission after certain requirements have been met. Those requirements and the powers of the Commission on such an appeal are set forth in Civil Service Regulation 23.06 et seq.
Appeals concerning RESIGNATIONS.
Employees may appeal to the Commission claiming that they have resigned or been separated against their will and without just cause. The requirements and procedures of such an appeal are set forth in Civil Service Regulation 15.02.
PROCEDURE FOR FILING AN APPEAL
Appeals may be filed within the required time by receipt at the Commission's office of a written request manifesting an intention to appeal and briefly setting forth the nature of the decision or matter being appealed. The Commission has forms for the most common appeals on which information may be provided to establish the Commission's jurisdiction, the timeliness of the appeal, and whether all preliminary requirements have been properly met. Only one appeal form need be filed for each appeal; the Commission does not require additional copies. There is no charge for filing an appeal.
Failure to file in a timely manner or to comply with appeal requirements may result in rejection of the appeal.
The Civil Service Commission has jurisdiction for hearing the following categories of appeal:
- findings as to the existence, nature, or service-connection of disabilities by the Personnel Director or an appointing authority which adversely affects appellant;
- disputes regarding a refusal to return to work when instructed to do so by the Medical Director or due to a refusal to accept reasonable medical treatment;
- adverse effect due to refusal of offer of secondary job placement made by the Personnel Director on basis of claims of disability;
- denial of benefits under Regulation 32 (disability) for failure to report earnings as required by Regulation;
- dismissals, demotions, reductions in pay, and suspensions of more than ten calendar days in one year, after satisfactory completion of probationary period;
- failing scores on oral tests on the basis of alleged bias, irregularity, or fraud;
- layoffs on the ground that the required procedure was not complied with or that the layoff was not made in good faith;
- denials of requests for leave of absence or extensions of such leave, where such denial has the effect of causing the employee's separation from employment;
- overall performance report ratings of "Improvement Needed" or lower;
- resignations where an employee alleges he/she has been forced to resign against his/her will and without just cause.
The Civil Service Commission does not have jurisdiction to consider appeals from every action considered adverse to employees. Among the more common actions not appealable to the Commission are:
- disqualification of APPLICATIONS (See Regulation 8 - Applications);
- scoring of WRITTEN EXAMINATIONS (See Regulation 9.09 et seq.);
- issues/complaints re: PROMOTIONS (See Regulation 11 - Requisition, Certification and Appointment);
- dismissal or rejection of PROBATIONARY EMPLOYEE (See Regulation 14.042) or probationary performance reports (See Regulation 23.062);
- separation due to ABANDONMENT OF POSITION (See Regulation 22.01).
REPRESENTATION AND COUNSEL
Appellants may be representated at any and all stages of proceedings before the Commission by legal counsel admitted to the Bar of the Commonwealth of Pennsylvania or any county thereof, or a union representative of any authorized bargaining unit. Appellants desiring to represent themselves will be allowed to do so provided the Commission is satisfied that the appellant does not desire a further opportunity to obtain representation.
Service of notices will be provided to counsel only when a written appearance is filed. The filing of an appeal signed by counsel shall be considered an entry of appearance.
EVIDENCE AND PROCEDURE
- The department, through its representative, shall have the burden of going forward in appeals of dismissals, demotions and suspensions to demonstrate the accuracy of charges against the appellants. In Regulation 32.11 appeals, the burden is upon the department to establish that the employee's disability has ceased or has been modified and that a job was available within the employee's physical capability to perform. In all other cases, including other disability appeals, the burden of proof shall be upon the appellant. The party with the burden of proof shall have the responsibility of proceeding first.
- All hearings shall be recorded. The record shall be transcribed upon request or if an appeal to Court is filed. Copies of notes of testimony may be purchased from the Commission. Appellants and their legal representatives may examine the contents of their appeal file upon written request to the Commission.
- The department and appellant, or the representative, shall be allowed reasonable opportunity to cross-examine witnesses and object to questions or to introduction of proposed evidence. All witnesses shall testify under oath or affirmation.
- The parties shall stipulate to all facts not in dispute. If the parties cannot stipulate to any facts, one-page, double-spaced opening statements shall be submitted by both parties in lieu of oral opening arguments. Opening statements must be submitted five (5) days prior to the hearing date.
- Technical rules of evidence are not applicable because the proceedings are administrative and fairness to the appellant and to the department requires that all facts pertaining to the case be presented regardless of any legal, exclusionary rules of evidence. Further protection is afforded to the department and to the appellant by the requirement that findings and decisions of the Commission must be in writing.
- All facts and evidence pertaining to the appeal must be presented at the time of the hearing. Five (5) copies of exhibits must be provided at the hearing [four (4) copies for the Commission, in addition to one (1) copy for the opposing party]. Medical records, reports and other relevant documents, if requested in writing, must be exchanged prior to the hearing.
- Generally, medical reports and records, properly authenticated, or depositions, will be accepted in lieu of a personal appearance by a physician.
- On disability appeals, the Commission may not consider evidence that was not submitted at the departmental level and may remand such appeals to the department for reconsideration in light of new evidence.
- All motions and amendments pertaining to the appeal will be considered at the hearing and/or addressed in the written decision.
- After both sides have submitted their case, the Commission may hear closing oral arguments from both parties. The Commission may, in its discretion, place time limits on closing arguments or may require that arguments, briefs, or memoranda be submitted in writing within a prescribed time. There shall be no rebuttal to closing arguments.
- Continuances may be requested, but shall only be granted for good cause. Requests must be in writing and must be received by the Commission at least ten (10) days before the hearing date. Requests received after this time period will be acted on by the Commission at the scheduled hearing time. Late requests may be denied at the hearing and the appeal may be required to proceed as scheduled. The Commission will not entertain continuance requests for "must-be-heard" listings. Copies of continuance requests must be served on the opposing party or his/her counsel.
- If any party fails to appear, either in person or by counsel in their absence, the appeal may be disposed of by the Commission on its own motion, or upon the appropriate motion of the opposing party. Appeals may be dismissed either with or without prejudice depending upon the circumstances in each case.
- In appropriate instances, the Commission, on its own motion, may order impartial medical examinations in disability appeals to aid in its determination of difficult cases.
- Two Commissioners shall constitute a quorum for all hearings, except that disability and performance report hearings may be heard by one Commissioner.
In accordance with Section 7-201 of the Home Rule Charter, the Commission issues written opinions in every appeal within its jurisdiction. However, an appeal may be rejected for lack of jurisdiction without formal opinion. Opinions will be mailed to appellants and their legal counsel by ordinary U.S. mail, postage prepaid.
The scope of the Commission's authority in deciding DISCIPLINARY appeals is set forth in the Home Rule Charter, Section 7-201.
The Commission's authority in deciding appeals from ORAL EXAMINATIONS, LEAVES OF ABESENCE, and PERFORMANCE REPORTS, is carefully limited by Civil Service Regulations 9.11, 22.02, and 23.06.
Civil Service Regulations 5.07 and 6.04 provide that the Personnel Director shall review all appeals to amend the Classification and Pay Plans and shall schedule such appeals for hearing before the Commission. Pursuant thereto, the Director shall make recommendations for or against any proposed changes in the Classification and Pay Plans and, if the Commission approves an amendment thereto, the Personnel Director must then submit said amendment to the Managing Director and the Director of Finance.
Pursuant to Section 7-200 of the Home Rule Charter, the Commission is authorized to advise the Mayor and the Personnel Director of problems concerning Personnel administration in the City service and is authorized to make investigations which it considers desirable and submit recommendations to the Mayor and Personnel Director.
REHEARINGS AND FURTHER APPEALS
The Commission upon application duly made, may grant a rehearing in any matter. The procedure and grounds, which must be strictly adhered to, are set forth in Civil Service Regulation 17.063 et seq.
Regarding appeals from Commission decisions, Section 7-201 of the Home Rule Charter provides:. . . Findings and decisions of the Commission and any action taken in conformance therewith as a result thereof shall be final and there shall be no further appeal on the merits, but there may be appeal to the Courts on jurisdictional or procedural grounds.
Attorneys and other interested persons are directed to the Pennsylvania Rules of Civil Procedure with Philadelphia Common Pleas Court Rules for the filing of Appeals from Administrative Agencies.
City of Philadelphia Civil Service Commission
last updated: March-26-2003.