Personnel Director and Civil Service Commission and the Civil Service

1. Establish and maintain a roster of all employees of the City, whether or not in the civil service, in which there shall be set forth, as to each employee, the class title of the position held, the salary or pay, any change in class title, pay or status, and other pertinent data;

2. In accordance with the position classification plan contained in the civil service regulations upon their taking effect, allocate the position of every employee in the civil service to one of the positions in the plan. He shall afford a reasonable opportunity to be heard to any employee affected by the allocation of a position to a class upon the written request of such employee for reconsideration thereof;

3. Investigate from time to time the operation and effect of the civil service provisions of this charter and report his findings and recommendations to the Mayor and the Civil Service Commission.

ANNOTATION

• Sources: A Model State Civil Service Law, Sections 6 and 8.

• Purposes:
  1. The civil service system created by this Charter vests responsibility for direct administration in a Personnel Director and responsibility for review in an independent Commission consisting of three members. Separation of the administrative and quasi-judicial functions is desirable because each is distinct, involving special problems which require special attention.
  2. The Personnel Director is to be the administrator of the City's civil service system. That system will be governed largely by regulations which are prepared initially by him but which are to be reviewed for approval by the Civil Service Commission, and in part, by the Administrative Board. Section 7-400.
  3. An adequate personnel system requires complete records of all employees of the City, civil service and non-civil service, which will reflect their current employment status. The Personnel Director is to establish and maintain such records. Provision is made in Section 8-104 for the periodic furnishing of information to the Personnel Director to enable him to discharge this duty.
  4. The Personnel Director is empowered to allocate each employee of the City in the civil service to one of the positions provided for in the classification plan. See Section 7-401(a). Since classification affects the status of an employee, employees who believe themselves aggrieved by a classification are afforded an opportunity to be heard by the Personnel Director.
  5. Adequate administration requires investigation from time to time of operations. The Personnel Director is required to make such investigations and to keep the Mayor and the Civil Service Commission informed of the results and to submit to them his recommendations for improvements.

ANNOTATION

• Sources: A Model State Civil Service Law, Section 6.

• Purposes: A program for employee improvement training, safety, health and welfare sponsored by the City will benefit the City since its employees should as a result thereof be better equipped to perform their jobs. More effective personnel administration will also benefit the City financially and the Personnel Director is authorized to promote such administration in each agency of the City and in all other agencies whose employees are paid from the City Treasury.

ANNOTATION

• Sources: A Model State Civil Service Law, Section 6(c).

• Purposes: The Personnel director is empowered to designate persons to assist him in the preparation and rating of tests since this task is of such proportions as to require the services of numerous persons.

ANNOTATION

• Sources: A Model State Civil Service Law, Section 15.

• Purposes: County employees are not subject to the over-all civil service provisions of this Charter under its terms at the time of its adoption. Pending City-County consolidation or legislation which would bring them under the City civil service system prior to consolidation, the Personnel Director, with the approval of the Mayor, may make available the services of his office to County agencies so that their personnel systems may be administered on merit principles.

ANNOTATION

• Sources: A Model State Civil Service Law, Sections 5 and 8.

• Purposes:
  1. While the Civil Service Commission is not to administer the civil service system, it is empowered to serve in an advisory capacity to the Mayor and to the Personnel Director on personnel problems and in a supervisory capacity to the Personnel Director through its power to approve, modify or disapprove civil service regulations. Both of these functions require that the Commission have the power to investigate all phases of personnel administration and to make appropriate recommendations to the Mayor and to the Personnel Director.
  2. The Commission's power in the area of civil service regulations is necessary because the regulations will affect the daily lives of City employees and their content should not be subject to the absolute discretion of a single individual. (Cf. Sections 8-406 and 8-407.)

If the Commission sustains the appeal on the ground that the action complained of was taken by the appointing authority for any political, religious or racial reason, or labor union activity lawful for municipal employees, it shall order the employee to be reinstated to his former position without loss of pay for the period of his suspension. In all other cases where the Commission sustains the appeal of the employee it shall order the reinstatement of the employee in his former position with or without loss of pay for the period of his suspension or direct that he be appointed to a position of equal status in the same office, department, board or commission with or without loss of pay for the period of his suspension. If the Commission overrules the appeal of the employee, it shall confirm the action of the appointing authority which shall be final as of the date it was taken.

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 an appeal to the courts on jurisdictional or procedural grounds.

ANNOTATION

• Sources: A Model State Civil Service Law, Section 13.

• Purposes:
  1. The major function of the Civil Service Commission is to serve as an appellate tribunal in cases involving employees against whom disciplinary action by dismissal, demotion or suspension has been taken. The day-to-day administration of the civil service system is the responsibility of the Personnel Director. See Annotation to Section 7-100.
  2. The right to City employment is not an absolute one. On the other hand, employees lack many of the advantages and opportunities of employees engaged in private industry. The City is entitled to obtain the services for which it pays, but some measure of protection has to be afforded to an employee against whom disciplinary action is taken to assure that it is not arbitrary. This section approaches the problem on a basis which seeks to protect the interests of the City, the employee and the taxpayer.
  3. An employee is given the right to appeal from action taken against him to the Civil Service Commission. He has this right in the case of any suspension for more than ten days, a limitation imposed to prevent the overburdening of appeal dockets. Upon an appeal, the employee is entitled to be heard publicly and to present evidence in his behalf but he may request a private hearing if he deems that desirable and the appointing authority accedes to his request. The latter qualification is necessary because the interests of the City may sometimes be served by a public hearing. Technical rules of evidence are not applicable because the proceeding is an administrative one and fairness to the employee and to the City requires that all facts pertaining to the case be presented regardless of any legal; exclusionary rules of evidence. Further protection is afforded to the City and to the employee by the requirement that the findings and decisions of the Commission must be in writing. They are to be certified to the Personnel Director so that he may know what action, if any, must be taken.
  4. An employee has an absolute right to reinstatement to his former position without loss of pay if his appeal is sustained on the grounds that the action taken against him was for any political, religious or racial reason, or labor union activity lawful for municipal employees. Merit principles of employment preclude action taken against an employee because of his political beliefs and tenets. Of course, where the reason is that the employee engaged in political action prohibited by the Charter, the rule stated does not apply. American traditions, the principles of this Charter, and a merit basis of employment preclude action against an employee because of his religious beliefs or his race. To the extent labor union activity by City employees is lawful, it cannot afford a basis for dismissal, demotion or suspension.
  5. Whenever dismissal, demotion or suspension is for reasons other than those noted in the preceding paragraph, it is the Commission's duty to decide whether the action appealed from was justified. If the Commission has jurisdiction and the procedure upon appeal meets the requirements of due process and of the Charter, the Commission's action whatever it may be, provided it conforms to the Charter, is determinative of the case, and is final. There may be no further appeal in any event on the merits of the case. The Charter precludes an independent review of the evidence by any court. The sole grounds to sustain a further appeal to the courts are lack of jurisdiction of the Commission, a failure of procedural due process, and a failure to conform with Charter requirements.
  6. If the Commission overrules an appeal, the action of the appointing authority is to be confirmed and is to be final as of the date it was taken. If the Commission sustains an appeal, the problem is more difficult. Complete fairness to the injured employee would require that he be reinstated in his former position. However, this may be disadvantageous to the City for the reasons leading to the disciplinary action taken, although not justifying such action, may be cause for disrupting routines and efficiency. The solution arrived at seeks to balance all interests involved. An employee dismissed, demoted or suspended for political, religious or racial reasons, or labor union activity lawful for municipal employees, is to be reinstated to his former position without loss of pay for the interest to be protected here is an absolute and fundamental one. In other cases, the Commission has the alternative of requiring reinstatement in the former position without loss of pay for the interest to be protected here is an absolute and fundamental one. In other cases, the Commission has the alternative of requiring reinstatement in the former position or in an equivalent position in the same unit of government, depending on the circumstances of the case, with or without loss of pay. If reinstatement in the same position will tend to disrupt effective working conditions, the latter course will be indicated and the employee will still be protected against being assigned to a position the duties of which are unfamiliar to him, or to a position where there is no vacancy or which involves a reduction in rank or salary.

ANNOTATION

• Sources: A Model State Civil Service Law, Section 1.

• Purposes: The statement of purposes is intended to serve as a guide in the administration and interpretation of the civil service provisions of the Charter.

1. All officers elected by the people and their deputies, and employees appointed by the members of the Council;
2. The Managing Director, the Director of Finance and the Personnel Director and their deputies, the heads of departments and their deputies, and members of boards and commissions but the number of exempt deputies in any department other than the Law Department, shall not exceed two;
3. Such secretaries and clerks as the Mayor may require and one secretary or clerk for each head of a department, the Director of Finance, the Managing Director, the Personnel Director, the City Representative and the City Treasurer, and one principal assistant or executive director for each board or commission;
4. Persons employed by contract to perform special services for the City, where such contract is certified by the Civil Service Commission to be for employment which cannot be performed by persons in the civil service;
5. Persons temporarily appointed or designated to make or conduct a special inquiry, investigation, or examination, or to perform a special service, where such appointment or designation is certified by the Civil Service Commission to be for employment which because of its expert or unique character could not or should not be performed by persons in the civil service;
6. Persons who in times of public emergency may be appointed special employees for service not to exceed one month in duration.

ANNOTATION

• Sources: Act of June 25, 1919, P.L. 581, Article XIX, Section 3; A Model State Civil Service Law, Section 7.

• Purposes:
  1. No officer or employee of the City is exempt from the civil service provisions of the Charter unless this section specifically exempts him. Thus, for example, employees of the Department of Collections, of the Free Library of Philadelphia, and of the Fairmount Park Commission are now under civil service although exempt under the Charter of 1919.
  2. The exemptions allowed take cognizance of political necessities of municipal government [e.g. subsections (a) and (b)]; supervisory offices necessary for effective municipal administration [e.g. subsection (b)]; the fostering and protecting of necessary personal and confidential relationships [e.g. subsection (c)]; the need for special or expert services by contract or on a temporary basis or employment in cases of public emergencies [e.g. subsections (d), (e) and (f)].
  3. Exempted employment is carefully limited so that it shall not serve as an avenue for evading the civil service requirements of the Charter. Thus, there can only be two exempt deputies in each department but this limitation does not apply to the Law Department because of the nature of the professional services involved. Contract services and temporary appointments for special services can be availed of only after certification by the Civil Service Commission as to necessity in light of availability of civil service personnel. Emergency appointments may not exceed one month.

1. All officers and employees of the City shall comply with and aid in all proper ways in carrying out the civil service regulations. All officers shall report currently to the Personnel Director all disciplinary actions taken by them. All officers and employees shall furnish any records or information which the Personnel Director or the Civil Service Commission may request. Upon request of the Personnel Director, the City Solicitor shall institute and maintain any action or proceeding at law or in equity that the Personnel Director considers necessary or appropriate to secure compliance with the civil service provisions of this charter and civil service regulations.

2. No officer or employee of the Auditing Department shall make or approve or take any part in making or approving any payment for personal services to any person holding a position in the civil service if the Personnel Director has given notice to the City Controller that such person was not appointed and employed in accordance with the civil service regulations.

ANNOTATION

• Sources: A Model State Civil Service Law, Sections 10 and 12.

• Purposes:
  1. A civil service system to be effective, requires the cooperation of all officers and employees and their complying with the civil service regulations. This section imposes mandatory general and specific duties of such cooperation and such compliance upon all officers and employees.
  2. Non-payment of salaries to employees subject to civil service but not appointed and not employed in accordance with civil service regulations is one of the most effective means for enforcing the civil service provisions of this Charter and the civil service regulations. Officers and employees of the Auditing Department are therefore enjoined from approving payment of salaries to such persons upon notice from the Personnel Director.

ANNOTATION

• Sources: See Act of June 25, 1919, P.L. 581, Article XIX, Section 18.

• Purposes: This section establishes a standard for the dismissal or demotion of any employee after the completion of a probationary period or the suspension of an employee in the Civil Service. The standard established is that of just cause. The standard is to be applied by the employee's superior and is subject to review only by the Civil Service Commission. See Annotation to Section 7-201.

If any person affected by the proposed regulations or any citizen shall present to the Department of Records a written request therefore, he shall be afforded a public hearing before the Commission. The Commission may after a hearing re-affirm its approval or direct that the regulations be changed but any modification of a regulation which required initially the approval of the Administrative Board shall be submitted to it for approval. The subsequent procedure shall be the same as in the case of other regulations.

ANNOTATION

• Sources: A Model State Civil Service Law, Section 8.

• Purposes:
  1. See Annotation to Sections 7-100 and 7-200.
  2. The approval of the Administrative Board is required of civil service regulations pertaining to the position classification plan, pay plan, hours of work, holidays, and annual vacation and sick leave because these regulations will affect the operating budget, the expenditure of City moneys, and the availability of personnel. They should therefore be subject to the approval of the Mayor, the Director of Finance, and the Managing Director who are primarily concerned with these important phases of municipal administration.
  3. The position classification plan and pay plan will determine the compensation to be received by civil service employees. The Charter makes these matters of administrative rather than legislative decision. Council will decide subject to certain exceptions [Section 2-300(4)], how much money is to be appropriated for personnel services. See Section 2-300. But the administrative branch will determine how many employees shall be paid out of such lump sum appropriations and what salaries they shall receive. See Article 3, Chapter 7.
  4. Employees and citizens have a vital and direct concern in civil service regulations being fair and effectuating civil service objectives. They are therefore afforded notice of proposed civil service regulations and an opportunity to be heard publicly thereon before the Commission.

1. 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;

2. 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;

3. 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;

4. The granting, as may from time to time be required by statute or ordinance, of preference in entrance examinations to qualified persons who have been members of the armed forces of the United States;

5. 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;

6. 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;

7. 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;

8. 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;

9. The institution of accepted permanent identification methods for all employees in the civil service;

10. 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;

11. Provisional and emergency appointment 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 an 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;

12. The appointment of unskilled laborers after such qualifying tests of fitness as the Personnel Director may prescribe;

13. 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 delinquency on their part;

14. 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;

15. 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;

16. Suspensions from the service for not longer than thirty days;

17. 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;

18. Hours of work, holidays, attendance regulations, and special leaves of absence in the various classes of positions in the civil service;

19. A system permitting employees appropriate annual vacation and sick leave;

20. 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;

21. 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;

22. Such other matters as may be proper and necessary.

ANNOTATION

• Sources: A Model State Civil Service Law, Section 8.

• Purposes: The civil service regulations constitute the framework of the entire civil service system. Their content is outlined in detail because of their importance.
  • Subsection (a). "To handle any personnel problem intelligently in a large organization it is obviously necessary to have a written record of the duties performed by each person in the service and of the responsibilities--administrative, research, or other--which he exercises. The taxpayers, the executive officers, the budget authorities, the chief executive, the legislative body, and the employs have a right to expect of the personnel agency that positions be grouped into classes and currently maintained, to portray conditions in the service at any time. This is essential to provide a basis for an intelligent approach to the personnel problem. The classification plan is an essential tool of administrative management." (A Model State Civil Service Law, pp. 11, 12).

  • Subsection (b). See Annotation to Section 7-400.

  • Subsection (c). "Effective recruiting demands more than the passive approach involved in announcing vacancies in the public service in obscure places and examining those who present themselves as a result of such stereotyped announcements. Adequate public announcement procedure requires that the personnel agency actively use all practical means available for attracting the best type of person to the public service. The work to be performed in the public service challenges the best ability possessed in the country. This ability must be sought out and persuaded to seek to serve the public.

    "Tests prepared by the personnel agency should be designed to eliminate those who are not qualified for entrance into or promotion within the classified service and to discover the relative fitness of those who are qualified. The Director should be free to use any investigation of education and experience and any test of capacity, knowledge, manual skill, character or physical fitness which in his judgment serves this end.

    "Public confidence in the testing process is best maintained by promptness in announcing the results, and by affording to each applicant the opportunity to see how his performances was graded." (A Model state Civil Service Law, p. 12).

  • Subsection (d). State law grants preferences to veterans and ordinances may grant such preferences also.

  • Subsection (e). Promotion upon merit and other recognized bases is an important incentive for achievement and continued municipal service and employment.

  • Subsection (f). Fairness to persons taking civil service examinations requires that they shall know their positions on eligibility lists. The one year minimum is imposed so that examinees will have a reasonable opportunity for employment. A two year maximum is necessary so that lists shall be replenished periodically with the names of the most competent candidates available for employment.

  • Subsection (g). "If proper attention is to be given to a truly selective ranking of competitors on the basis of their abilities, some means must be had for reducing the examination load by culling out applicants who obviously fail to met the essential requirements for the class of positions to which they seek appointment. Through this process, the efforts of the technical staff are conserved for and concentrated on the problem of rating those who show reasonable promise for successful performance in the position to which they seek appointment." (A Model State Civil Service Law, p. 13).

  • Subsection (h). An appointing authority is given a choice of the two highest persons on an eligible list so that he may consider factors such as personality, appearance and the like, in addition to an examination grade, in making an appointment. If an appointing authority has rejected twice the same candidate, he would not have any choice should the rejected candidate be again certified to him. Since veterans are entitled to preferences, a non-veteran may be passed over by a veteran with a lower qualifying grade and for that reason such a passing over does not constitute a rejection.

  • Subsection (i). Permanent personnel identification records, such as fingerprints files, are recognized as necessary aids in effective personnel administration.

  • Subsection (j). "The working test period, or probationary period, as it is sometimes called, should be considered as an opportunity for the appointing authority to participate in the selective process. No formal test however well devised, and however well conducted will prove infallible. The final test is actual performance. For this reason, the new appointee should be carefully supervised and critical observation should be made of his work during the working test period." (A Model State Civil Service Law, p. 14).

  • Subsection (k). Provisional appointments are authorized so that City work may be performed pending the availability of an appropriate eligibility list from which candidates for employment can be certified. Since it should ordinarily be possible to prepare such lists and certify candidates for a position within a ninety day period, a provisional appointment may last only ninety days. However, the first year this Charter is effective, provisional appointments may last a year since during that period the City government, including the office of the Personnel Director and the civil service system, will be in the organization and reorganization process.

    Provision must be made to meet employment in unforeseen emergencies but here too there is a limitation, thirty days, to prevent abuse of the exception.

    While provisional and emergency appointments may be made without examination, temporary appointments may be made with or without examination. A temporary appointment is one to a temporary position, of not longer than six months in duration in any year.

  • Subsection (l). Unskilled laborers need not take written examinations.

  • Subsection (m). "Transfers provide the means whereby employees may be adjusted to the service to provide the maximum of job satisfaction to the employee and to provide for their maximum utilization in work which they can do best. Transfers should be used for these purposes. Temporary transfers of groups of employees should also be encouraged to meet peak loads as they occur in the various departments to provide for the maximum utilization of present personnel without incurring the expense of adding untrained employees to the working force." (A Model State Civil Service Law, p. 14).

  • Subsection (n). Periodic efficiency ratings of performance, to serve as a factor in determining employment status, should be an incentive to employee efficiency and achievement, for good performance will be rewarded while performance not meeting job standards will serve as a basis for demotion, discharge, lay-offs, and reduction of salaries. Fairness to employees prompts the requirement for a review procedure of ratings assigned and employee representatives should be members of such reviewing panels.

  • Subsection (o). "When forces must be reduced because of lack of work or funds, or because of organizational changes, it is reasonable to demand that the personnel agency and appointing authorities cooperate in weeding out the least efficient employees and in retaining the most competent. Regardless of the deficiencies inherent in any system of service ratings to date, the problem of employee efficiency cannot be put aside by refusing to acknowledge that the problem exists or by failing to attempt to overcome these deficiencies. In one way or another, employees are being rated and must be rated from time to time in the ordinary conduct of business. A rating system requiring periodic reports on employees' services, regardless of its deficiencies, is superior to a rating based on the memory, current impressions, and 'last looks' of departmental supervisors and should be used as one of the factors for determining the order of lay-offs. Seniority should also be given some consideration in determining lay-offs." (A Model State Civil Service Law, p. 15).

  • Subsection (p). "Suspensions are temporary separations most commonly used by appointing authorities as a means of effecting proper disciplinary control over subordinate employees, who have violated some departmental rule or who have let down in their performance and need jacking up. It is used as a disciplinary act intermediate between a verbal reprimand and an outright dismissal. The time limitation on summary suspensions is intended to confine it to this use. Where a suspension is to extend for more than a short period, the appointing authority should be required to resort to the procedure provided for in case of a dismissal." (A Model State Civil Service Law, p. 15).

  • Subsection (q). Employees discharged or demoted have a right of appeal to the Civil Service Commission. See Annotation to Section 7-201. This subsection is necessary so that they may know the reasons for the action taken and on that basis decide upon the question of appealing.

  • Subsection (r). Employees are entitled to know when they are required to work, their holidays, and other attendance regulations. These should be uniform and specified as far as is practicable.

  • Subsection (s). Annual vacation and sick leave should be uniform for all employees. Whether they should be cumulative from year to year, the number of days of each that should be allowed, and similar questions are matters for administrative regulation.

  • Subsection (t). See Annotation to Section 7-201. Enlightened personnel practices should provide a means for hearing employee grievances.

  • Subsection (u). Under the Charter of 1919, Council from time to time specified residence requirements for City employees and the continuation of this practice is permitted. Should Council fail to specify residence qualifications, employees would not have to be residents of any particular place. The Civil Service Commission may waive any residence qualification specified by Council when ever circumstances may warrant it, as for example, the unavailability of specialized personnel who meet residence requirements; the availability of better qualified personnel who do not meet residence requirements; emergencies. See Annotation to Section 3-306.