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 regulations 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 regulations 32.047 (temporarily 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 days’ benefit under regulation 32 and must be appealing from a written determination of their appointing authority or the director of Human Resources. The requirements for such appeals and employee responsibility, therefore, are set forth in civil service regulations 32.12 et seq.

Appeals concerning dismissals, demotions, and suspensions

Employees who are dismissed, demoted, or suspended for more than ten calendar days in any one year may appeal to the commission. The requirements and procedures for an appeal of a dismissal, demotion, or suspension are set forth in civil service regulations 17.061 et seq.

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 director of Human Resources may reduce the appeal period by appropriate announcement to seven days. The requirements, procedures, and power of the Civil Service Commission are set forth in civil service regulations 9.11 et seq.

Appeals concerning layoffs

Procedures for implementing layoffs are set forth in civil service regulations 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 regulations 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 director of Human Resources. 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 regulations 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 regulations 23.06 et seq.

Appeals concerning resignations

Employees may appeal to the commission claiming that they have resigned against their will and without just cause. The requirements and procedures of such an appeal are set forth in civil service regulations 15.02.

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 director of Human Resources 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/City physician or due to a refusal to accept reasonable medical treatment related to an on-duty injury
• Adverse effect due to refusal of an offer of secondary job placement made by the director of Human Resources 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 a 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 denials of 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 they have been forced to resign against their 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 regarding promotions (See regulation 11).
• Dismissal or rejection of probationary employee (See regulation 14.042) or probationary performance reports (See regulation 23.062).
• Denial of reinstatement following resignation (See regulation 15.031).
• Separation due to abandonment of position (See regulation 22.01).

1. The department, through its representative, shall have the burden of proof 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; however, the commission may request that the department proceed first only to present the record or other basis upon which it took the action under appeal.
2. 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.
3. The department and appellant, or the representative, shall be allowed reasonable opportunity to cross-examine witnesses and object to questions or to the introduction of proposed evidence. All witnesses shall testify under oath or affirmation.
4. 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, and such statements must be submitted five days prior to the hearing date.
5. 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.
6. All facts and evidence pertaining to the appeal must be presented accordingly:
   • Virtual hearing – to the commission and opposing counsel (or appellant, if unrepresented) by email two days prior to the scheduled hearing date. Opening statements must be provided as well. Statements will not be read or heard at the time of the hearing.
   • In-person hearing – at the time of the hearing. Five copies of exhibits must be provided at the hearing (four copies for the commission, plus one copy for the opposing party).
7. Medical records, reports, and other relevant documents, if requested in writing, must be exchanged prior to the hearing. The commission may request that additional evidence be submitted if it deems such evidence is necessary.
8. Exhibits submitted for hearings are public records and must be redacted in accordance with the Public Access Policy of the Unified Judicial System of Pennsylvania. The following confidential information shall not be included in any document filed with the commission:
   • Dates of birth
   • Social Security Numbers
   • Financial account numbers (exception: an active financial account number may be identified by the last four digits when the financial account is the subject of the case and cannot otherwise be identified)
   • Driver license numbers
   • State Identification (SID) numbers
   • Minors’ names and dates of birth except when a minor is charged as a defendant in a criminal matter (see 42 Pa.C.S. § 6355)
   • Abuse victim’s address and other contact information, including employer’s name, address, and work schedule, in family court actions as defined by Pa.R.C.P. No. 1931(a), except for the victim’s name.
9. Generally, medical reports and records, properly authenticated, or depositions will be accepted in lieu of a personal appearance by a physician.
10. 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.
11. All motions and amendments pertaining to the appeal will be considered at the hearing and/or addressed in the written decision.
12. 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.
13. Continuances may be requested, but shall only be granted for good cause. Requests must be in writing, must be received by the commission at least ten days prior to the hearing date, and must contain the reason for the request and provide dates of availability for the parties. Late requests will be acted on by the commission at the scheduled hearing time. The commission may deny late requests and require that the appeal 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 their counsel.
14. 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.
15. 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.
16. Two commissioners shall constitute a quorum for all hearings, except that disability and performance report hearings may be heard by one commissioner.