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Table Of Contents

 1. Purpose

 2. Definitions

 3. Preparation, Adoption and Revision of Regulations

 4. Exemptions from Civil Service

 5. Classification Plan

 6. Pay Plan

 7. General Requirements for Applicants

 8. Applications

 9. Examinations

10. Eligible Lists

11. Requisitions, Certification and Appointment

12. Limited-Term Appointments

13. Assignments and Transfers

14. Probationary Period

15. Resignation, Reinstatement, Restoration and Retirement

16. Layoffs

17. Dismissals, Demotions, Suspensions and Appeals

18. Hours of Work and City Service

19. Holidays

20. Vacation Leave

21. Sick Leave

22. Leaves of Absence

23. Performance Reports

24. Working Conditions

25. Records and Reports

26. Training of Employees

27. Safety, Health, Welfare and Recreation

28. Labor Relations

29. Political Activity

30. Residence Requirement

31. Interim Regulations

32. Injury and Disability

33. Miscellaneous Regulations


Alphabetical Index

A  B  C  D  E  F  G  H  I  J  K  L  M  N  O  P  Q  R  S  T  U  V  W  X  Y  Z




9. EXAMINATIONS


9.01 - GENERAL. 

9.011 - AUTHORITY TO HOLD EXAMINATIONS.  Whenever vacancies in positions within the Civil Service exist or seem likely to occur, the Director shall announce examinations appropriate to determine the relative fitness of competitors for those positions and shall be free to use any investigation of education or experience and any test of aptitude, capacity, knowledge, skill, character, personality or fitness which in his judgment is appropriate for that purpose.

9.012 - NATURE OF EXAMINATIONS.  Every examination for positions within the Civil Service shall be competitive, uniform, and shall be designed to measure fairly the relative qualifications of competitors.

9.013 - TIME OF EXAMINATIONS.  Each examination shall be held at the earliest possible date following the closing date for the receipt of applications consistent with completing the necessary test arrangements.

9.014 - OFFICES AND FACILITIES.  At the request of the Director, all officers and employees of the City shall allow the reasonable use of public buildings for holding examinations.  They shall heat, light and clean them as conditions require and in all other ways facilitate the holding of such examinations.

9.015 - USE OF MUNICIPAL EMPLOYEES.  The Director may select suitable persons in the service of the City, with the consent of the appointing authorities under whom such persons serve, to act in the conduct of examinations.  It shall be deemed part of the official duties of all employees so selected to render such services without extra compensation therefor.

9.016 - DETERMINATION OF POLICY AND PROCEDURE.  The Director shall determine and establish such policies and procedures for the preparation, conduct, rating and review of examinations as are necessary or convenient to implement this Regulation.

9.02 - PROMOTIONAL EXAMINATIONS. 

9.021 - GENERAL.  Unless vacancies are filled by demotion, transfer, reinstatement, or by certification from a layoff list, they shall be filled so far as practicable by the promotion of permanent employees in the Civil Service.

9.022 - NATURE OF EXAMINATIONS.  In promotional examinations, consideration shall be given to the competitor's qualifications, record of performance, seniority and conduct and to other matters deemed pertinent by the Director.

9.023 - PERFORMANCE REPORTS.  The record of performance given consideration in a promotional examination shall be the latest performance rating for the employee properly filed with the Director at least thirty (30) days prior:

  1. to the date of announcement of a non-continuous or periodic promotional examination or

  2. to the date on which the competitor takes a continuous promotional examination.

If the latest performance rating on file is a second month probationary rating, it shall be disregarded and the immediately preceding regular or special rating shall apply.  In the event that there is no rating on file for an employee or only a second month probationary rating, the employee shall be considered to have a satisfactory rating for the purpose of this Regulation.

9.0231 - Disqualification for Performance Reports.  A performance rating of less than Satisfactory shall disqualify the competitor from competing in the examination and from having his name appear on the eligible list.

9.0232 - Credit for Performance Reports. 

9.02321 -  For employees in classes represented by District Council 47, non-represented employees, and uniformed Fire personnel overall performance ratings of Superior and Outstanding shall entitle the competitor to have one and one-half (1_1/2) and three (3) points respectively added to his final average, provided however, that such final average is equal to or more than the minimum passing grade or average score established for the examination.

9.02322 -  For employees in classes represented by District Council 33, uniformed and investigatory personnel of the Police Department and District Attorney's Office performance report evaluations will be based on either a Satisfactory or Unsatisfactory overall rating, without any numerical evaluation reference to such overall rating.  To qualify for competition in a promotional examination, an employee shall be required to receive a Satisfactory overall rating.

9.024 -  The method of examination, and the rules governing the same, and the method of certifying, shall be the same as provided for applicants for original appointment.

9.025 - DETERMINING THE KIND OF EXAMINATION.  The Director shall, in each case, after consultation with the appropriate appointing authorities, or their designated personnel representatives, determine if a promotional examination is practicable and whether a departmental promotional examination and/or interdepartmental promotional examination and/or open competitive examination shall be held.  The examination announcement shall specify the kind of examination to be held.

9.0251 - Departmental Examinations.  Whenever there are one or more eligible employees, all in the same department, who are willing to compete for a vacancy in a higher position in that department, the Director may hold a departmental promotional examination.

9.0252 - Interdepartmental Examinations.  Whenever there are eligible employees in two or more departments who are qualified to compete for a vacancy in a higher position, the Director may hold an interdepartmental promotional examination.

9.0253 - Career Advancement Series Examinations.  Whenever there are employees eligible for in-place promotion to the next level within a Career Advancement Series, a Career Advancement examination shall be prescribed based on in-grade experience.

Military leaves of absence while in a career advancement class will be considered as time in-grade for advancement to the next level in the career advancement series.  Employees must comply with all other conditions for career advancement and with all relevant provisions of the Uniformed Services Employment and Reemployment Rights Act (USERRA).  Upon return to City service, employees are subject to a probationary period as defined in Civil Service Regulation 22.08.

9.026 - SCOPE OF PROMOTION COMPETITION.  Competition in any promotional examination shall be open to employees with permanent Civil Service status in such classes and in such departments as the Director in his discretion shall determine.  Employees serving a probationary period as a result of reinstatement following previous service with permanent status may also be admitted, provided however, that such reinstated employees may not be certified for appointment until the probationary period has been completed.

9.026-1 - Scope of Competition for Career Advancement Series.  Competition for career advancement series promotional examinations shall be restricted to employees with permanent status currently occupying a class, within the series, directly below that class which is being announced.

9.026-2 - Scope of Competition for Promotional Examinations for Classes in the Uniform Fire Series of Classes (6B).  Competition in any promotional examination for classes in the Uniform Fire series of classes (6B) shall be open to employees of the Fire Department with permanent Civil Service status in the classes that qualify a candidate to compete.  Other non-permanent experience, including out of rank appointments, will not be considered as qualifying experience when determining if an applicant will be approved to compete in a promotional examination for a class in the Uniform Fire series of classes.

9.027 - SENIORITY.  Credit for seniority as determined by the Director shall be given to each competitor who attains the minimum passing grade or average score established for the examination.

9.03 - SECURITY OF TESTS AND COMPETITORS' IDENTITIES. 

9.031 - IDENTIFICATION SHEETS.  Before proceeding to answer the questions in a non-continuous written examination or performance test or starting to compete in a physical condition test, each competitor shall be required to fill out and sign a numbered identification sheet, giving his full name and address and such other information as may be required by the Director, and to place this sheet in an official envelope, which shall be sealed by the applicant.  The envelope and each paper submitted by the competitor shall bear the same identification number.  The envelopes containing the identification sheets shall not be opened until the minimum passing score has been determined and the scoring of the test has been completed.  In continuous written examinations, where the minimum passing score has already been established, the identification sheet procedure shall be the same as for non-continuous written examinations except that the identification material need not be sealed in an envelope.

9.032 - DISCLOSURE OF IDENTITY.  Any competitor who, prior to the establishment of the eligible list, directly or indirectly discloses his identity together with his identification number, to any employee of the Personnel Department, either verbally or in writing, or who writes his name or makes any other mark which discloses or is intended to disclose his identity on his answer sheet or any other paper, except the identification sheet that bears his identification number and is turned in to the Personnel Department in connection with his examination, shall be subject to the penalties prescribed in this Regulation.

Specific announcement of the foregoing provision shall be made at the commencement of every test in which an identification sheet is required.  When the work to be submitted is in the nature of an exhibit of plans or other work previously done by the competitor, and it is impracticable for the competitor to conceal his name, such work may, in the discretion of the Director, be accepted.

9.033 - SECURITY OF WRITTEN TEST BOOKLETS.  Before proceeding to answer the questions in a written test, every competitor shall be required to execute an undertaking in which he agrees that the question booklet is the property of the Personnel Department of the City of Philadelphia and must be returned to the monitor at the end of the examination, that no competitor is permitted to remove the question booklet or any part of it from the examination room or to have a question booklet in his possession at any time after the examination is held, that no copies of questions are to be made or removed from the examination room.  Any competitor who violates this undertaking shall be subject to the penalties prescribed in this Regulation.

9.034 - SECURITY OF OTHER PARTS.  Before competing in an oral, performance, psychiatric or physical condition test, each competitor shall be required to sign an undertaking in which he agrees that, in consideration of his being permitted to compete, he agrees he will not discuss the questions, problems or other instructions that make up the part with anyone, either another candidate or any other person, until after the date of completion of the test specified in the undertaking.  Any competitor who violates this undertaking shall be subject to the penalties prescribed in this Regulation.

9.04 - PARTS OF EXAMINATION.  An examination may, as determined by the Director, consist of one or more of the following parts: written tests, oral tests, tests of physical condition, performance tests, evaluations of the competitors' training and experience, ratings of seniority, medical examinations, psychiatric examinations, and any other appropriate tests.  Before the first part of an examination is held, the Director shall determine and announce to the candidates the several parts of the examination and the weights to be assigned to the grades attained in each.  After the first part of a non-continuous examination is held, remaining weighted examination parts may be eliminated by the Personnel Director if the number of successful candidates in the first part is not more than sufficient to provide full certification for existing vacancies; and provided determination of existing vacancies is made when partial elimination of the examination occurs.  The weights of the part or parts eliminated will be added to the part administered.

9.041 -  Career Advancement Series promotional examinations shall consist of an evaluation of training and City experience unless the Director can demonstrate that such examination type will be detrimental.

9.042 - ADDITIONAL CREDITS FOR SOCIAL WORKER TRAINEE AND SOCIAL WORKER I EXAMINATIONS.  Candidates for the Social Worker Trainee or Social Worker I open competitive examinations who have successfully completed a structured internship that has been certified by the Department of Human Services, and who have achieved a final average passing grade in the examination for the class, shall have three (3) points added to their final score.

Candidates must submit proof of successful completion of the internship prior to the establishment of the eligible list for the class.

9.05 - QUALIFYING TESTS 

9.051 - MEDICAL AND PSYCHIATRIC.  No numerical score or grade shall be assigned to the result of a medical examination or a psychiatric examination.  When the examination includes a medical or psychiatric examination, such parts may be administered after the eligible list has been established, in which event eligibles shall be notified to appear for such examinations in such numbers and at such times, before or after certification for appointment, as the Director may determine to be necessary or convenient.  Failure to pass either of these examinations shall disqualify the eligible for appointment.

9.0511 - Retest.  An eligible who fails a medical or psychiatric examination by reason of a condition determined by the examining physician to be remediable may, during the life of the eligible list and at the discretion of the Director be permitted one or more medical or psychiatric re-examinations.  Should the examiners determine that the disqualifying condition has been remedied and that no other disqualifying condition exists, the eligible's name shall be placed on or restored to the list without prejudice to appointments and certifications previously made.

9.052 - OTHER QUALIFYING TESTS.  The Director, at his discretion may, in the examination announcement or before the first part of the examination is held, declare a part of the examination to be likewise a qualifying part to be scored only pass or fail and to be administered to competitors either before or after the eligible list has been established or both.  Competitors shall be notified to appear for such qualifying part in such numbers and at such times as the Director may determine to be necessary or convenient.  No retest privilege shall be granted.

9.053 - QUALIFYING EXAMINATIONS FOR EMPLOYEES TRANSFERRED FROM OTHER GOVERNMENTAL AGENCIES.  Every employee holding a position with a governmental agency (other than the City), or a component part of such agency, at the time of the adoption of a law or the entering into of an appropriate agreement between the City and the agency to transfer such agency to the City government, shall, upon such transfer becoming effective, be transferred to the Civil Service and shall be continued in his position, provided that, within six (6) months of the date of his transfer to the Civil Service he passes a qualifying test prescribed by the Director.  In the event that any such employee fails to so qualify he shall be dismissed from his position within thirty (30) days after the promulgation of the results of the qualifying examinations.  Nothing herein shall preclude the reclassification or reallocation pursuant to the Regulations of any position held by any such employee.

9.06 - SCORING PROCEDURES. 

9.061 - DETERMINING KEY ANSWERS.  Before a controlled answer written test is given, the Director shall determine for each question therein the most acceptable and correct answer among the choice of answers given.  After the test has been held and at any time prior to the expiration of the appeals period prescribed by this Regulation, and the period required for determination of any appeal filed during this period, the Director may determine, for any question, upon statistical analysis of the competitors' answers or other adequate evidence or both, that: (a) there is more than one equally acceptable and correct answer to the question, in which case all such equally acceptable and correct answers shall be counted as right answers in scoring the test, or (b) that there is no correct answer to the question or that the question is inappropriate, in either of which cases the question shall be omitted from consideration in scoring the test.

9.062 - DETERMINING THE MINIMUM PASSING SCORE.  Before the identity of any competitor in a part has been disclosed by opening the identification envelopes for that part, the Director shall, except as in cases provided for under Section 9.063, determine the minimum passing score for that part, and failure of a competitor to obtain the minimum score required shall be grounds for the Director to declare the competitor as disqualified from completing the other parts of the examination, or, if the competitor has completed and been rated in all other parts, for declaring the competitor as having failed in the entire examination.  In an oral test, in which the identity of competitors cannot adequately be concealed, the Director shall determine the minimum passing score before the oral test is held.

In determining a minimum passing score, the Director may take into consideration any or all of the following factors which may be pertinent:

  1. the minimum competence required for the performance of the duties of the class;
  2. the quality of the competitors competing;
  3. the difficulty and length of the test;
  4. the number of existing and anticipated vacancies to be filled;
  5. the recommendations of appointing authorities or other experts;
  6. reasonable economy of examining time and expense;
  7. the shortage or surplus of qualified competitors;
  8. any other pertinent considerations.

9.063 - DETERMINING THE NUMBER OF COMPETITORS TO BE PASSED.  Whenever the Director anticipates that the number of competitors in an examination will be greatly in excess of expected vacancies, he may determine the maximum number of competitors who will be given passing scores for any part or for the entire examination.  This determination shall be made and announced to the competitors before the holding of the part to which it applies.

9.064 - CONVERTING SCORES TO GRADES.  A successful competitor's final average to be used in establishing rank on the eligible list shall be determined by converting his score earned on each separate part into a grade in the following manner: The score earned by each competitor for each part shall be assigned by a rater(s) using any scale approved by the Director for that part and then be converted into a grade between 0 and 100

  1. by assigning the grade of 70 to the score determined to be the minimum passing score, and
  2. in mathematical proportion, by assigning grades between 70.01 and 100 to scores in excess of the score determined to be the minimum passing score, and
  3. in mathematical proportion, by assigning grades between 0 and 69.99 to scores less than the score determined to be the minimum passing score, and
  4. any grade not less than 69.5 and not more than 69.99 shall remain unchanged but shall be a passing grade.

9.065 - DETERMINING FINAL AVERAGES.  When an examination includes more than one part, the grades of a competitor for each part shall be weighted, using the predetermined weights, and averaged to determine his final average for the examination.  When an examination consists of only one part, the grade of a competitor shall be his final average.

9.066 - ADDITIONAL CREDITS ON EXAMINATIONS.  Only those competitors who have achieved a final average passing grade in an examination shall receive additional credits to which they may be entitled for veterans preference or legacy preference (for open competitive examinations only), performance ratings, seniority, education or other factors as defined by these regulations.

9.066-1 - Fire Service Paramedic.  Any Fire Service Paramedic with five (5) or more years of service as a Fire Service Paramedic who takes and passes the open competitive examination for the class of Firefighter shall have an additional ten (10) points added to his or her examination score.  The employees must have completed the five years of service in accordance with the requirements for determining eligibility to compete in examinations defined in Regulation 7.08.  The provision of this regulation shall be retroactive to July 1, 2005.

9.067 - RANK ON ELIGIBLE LISTS.  Rank on an eligible list shall be in order of relative excellence in the examination as determined by the final passing average grade plus, in the case of an open competitive list, credits authorized by law or regulation for veterans preference and legacy preference, or, in the case of a career advancement or promotional list, plus credits as prescribed by the Regulations for performance ratings and seniority, or for specified open competitive or promotional examinations, plus credits for education or other factors as defined by these regulations.

When two or more competitors have the same final average (including credits), rank order among the tied competitors shall be determined by ranking their names: (a) first by their grades on the part of the examination which has the greatest weight, and (b) such as remain tied, either by priority of the time of filing their applications or such other appropriate procedure as the Director may determine.  Rank on a consolidated list shall be determined by the above procedure just as if all of the eligibles had competed in a single examination.

9.067-1 - For Uniform Fire Promotional Examinations:  When two or more competitors have the same final average (including credits), and the examination parts are not of equal weight, rank order among the tied competitors shall be determined by ranking their names: (a) first by their grades on the part of the examination which has the greatest weight, (b) second, by their grades on the remaining weighted parts in order of decreasing weight, (c) by seniority points and (d) by computer assigned random numbers, or such other appropriate procedure as the Director may determine.

When two or more competitors have the same final average (including credits), and the examination parts are of equal weight, rank order among the tied competitors shall be determined by ranking their names: (a) by their grades on the part of the examination that was administered first, (b) by their grades on the part of the examination that was administered next, until all portions are considered in order of administration, (c) by seniority points and (d) by computer assigned random numbers, or such other appropriate procedure as the Director may determine.

Rank on a consolidated list shall be determined by the above procedure just as if all of the eligibles had competed in a single examination.

9.07 - NOTICE OF EXAMINATION RESULTS.  Each person competing in any examination shall be given written notice of his final average, and, in examinations other than continuous, of his rank on the eligible list, or of his failure to attain a place on the eligible list.

9.08 - EXAMINATION PAPERS PRIVILEGED.  Examination papers of candidates are privileged papers and are not subject to public inspection or examination.  Subject to the approval of the Department of Records, examination papers of candidates are not considered needful to the current or anticipated future work of the Director and are not appropriate for preservation beyond the periods designated herein.  The papers of competitors who receive less than a passing grade may be destroyed after a period of six months from date of promulgation of the eligible list, while the papers of those who were placed on an eligible list but did not obtain appointment may be destroyed after a period of two years following promulgation date of the eligible list.

9.09 - REVIEW OF EXAMINATION RESULTS, CORRECTION OF RATINGS AND APPEALS.  Persons competing in an examination shall be permitted to inspect their ratings and examination papers within the time limits prescribed in this Regulation and under such conditions as the Director may determine.

A competitor who believes an error has been made in his/her rating, and who wishes to appeal for correction of his/her rating, shall appeal, in writing, to the Director within the time limits and according to the procedures prescribed in Regulation 9.09 and in the format the Director may prescribe.

9.091 - REVIEW AND APPEALS PERIOD AND PROCEDURES.  The Director shall identify one of the following procedures to be used for the review and appeal of each examination.  The procedure shall be described on the examination announcement.  If no procedure is included in the examination announcement, the procedure described in Regulation 9.091B will be used.

Any changes to the procedures made subsequent to the examination announcement will be communicated to all candidates prior to the administration of the examination. The period provided for reviewing examination results and/or filing an appeal shall be determined by the Director, but shall not be less than seven (7) days.

9.091A - APPEALS BEFORE SCORING.  The Director may determine and announce to competitors that during a specified period, not exceeding thirty (30) days, immediately following the date of holding of the test and prior to scoring, examination questions and key answers may be reviewed by competitors and appeals to the key answers filed.  The candidates shall be permitted to file a written appeal during the test review for any test item that the candidate believes to be factually incorrect or for any test item that the candidate believes to have been keyed incorrectly.  The appeal must be in writing and must include an explanation of why the test item should be corrected.  The Personnel Department will review and respond in writing to all such appeals, informing the candidate of the disposition of the appeal.  After the test has been scored, candidates may review their answer sheets to determine if they have been scored correctly, and appeal will be restricted to scoring.

9.091B - APPEALS AFTER SCORING.  Examination questions and key answers may be reviewed and appeals to the key answers may be filed during the thirty (30) calendar days immediately after the date of mailing to the competitor of official notice of examination results.  The Director may determine, however, that a shorter period is necessary for the good of the service and shall announce to competitors the shorter period, which shall not be less than ten (10) days.  A candidate may, for the sole purpose of filing an appeal under this section, be permitted to copy a brief outline of any question, which the candidate has answered incorrectly.  If the Director determines that the candidates can not copy examination questions, the candidates shall be permitted to file a written appeal during the review for any question that the candidate has answered incorrectly.  The appeal must be in writing and must include an explanation of why the test item should be corrected.  The Personnel Department will review and respond in writing to all such appeals, informing the candidate of the disposition of the appeal.

9.091C - REVIEW AND APPEAL BY A PANEL OF SUBJECT MATTER EXPERTS.  The Director may determine and announce to competitors that the review of test items will be restricted to the review by a panel of subject matter experts who have been selected according to a method determined by the Director.  This panel will review the test items prior to scoring and will make any required corrections to the items.  After the test has been scored, candidates may review their answer sheets to determine if they have been scored correctly, and appeal will be restricted to scoring.

9.092 - SECURITY OF EXAMINATION QUESTIONS.  Candidates must sign an agreement that they will not disclose the outline of questions, copied for the purpose of preparing an appeal, to any other person except for the purpose of perfecting their appeal and that, after the appeal has been submitted or after the appeals period has elapsed, whichever is later, they will not disclose the outlines of questions to any person, whether a competitor or not, for any reason. Candidates may be required to reveal the identities and credentials of anyone who reviewed the outline of test questions or who participated in the development of an appeal in any way.

Any competitor who violates this undertaking shall be subject to the penalties prescribed in this Regulation.

No person, whether a competitor or not, except properly authorized employees of the Personnel Department or other Civil Service Commissions, or the equivalent agencies, shall have in his/her possession official question booklets of the City of Philadelphia, or, except as permitted in this Regulation, questions from examinations given or to be given by the Personnel Department.  Any person who violates this Section shall be subject to the penalties prescribed in this Regulation.

9.093 - CORRECTIONS OF ERRORS IN CONTENT, RATING, SCORING, OR COMPUTING THE FINAL AVERAGE OF TEST ITEMS AND KEYED ANSWERS.  If, after examination of any appeal for correction, or upon analysis of the test items and keyed answers, the Director finds any manifest error in content, rating, scoring, or computing the final average that would entitle any competitor to a passing score or that would change any competitor’s rank on the eligible list, he/she shall make the required correction and place the names of the competitors on the eligible list in their proper ranks.

If the correction in scoring applies to other candidates, it shall be made for all competitors to whom it applies.  If such correction results in changing a passing competitor to failing, the name shall be removed from the eligible list.  Candidates will be notified only of changes of rank on the eligible list.  No correction made, however, shall invalidate or otherwise affect any appointment or certification made from the list prior to the time at which the need for the correction was determined.

9.11 - APPEAL FROM DISQUALIFICATION BY ORAL TEST BOARD.  Within thirty (30) calendar days immediately after the date of mailing to the competitor of the official notice of examination results (or a shorter period of not less than seven (7) days, if necessary for the good of the service and announced to the competitors in the notice of examination results) a competitor given a failing score on an oral test may appeal to the Commission upon the grounds of irregularity, bias, or fraud in the conduct of the oral test.  Such appeal shall be in writing and shall contain a statement of bases and proofs.  Issues related to the suitability or adequacy of point scores awarded to passers are not appealable to the Commission.  If, after conducting a hearing, the Commission finds that the competitor's rating in the oral test was the result of irregularity, bias, or fraud, it shall certify to the Director that the competitor is entitled to a re-examination or that the competitor is to be awarded a minimum passing score.

9.111 -  The Commission shall conduct a preliminary review of all appeals:

  1. If the Commission finds that there is insufficient substance to the appeal, it shall notify the appellant that the appeal has been denied.

  2. If the Commission finds that sufficient grounds exist to warrant further investigation, it shall schedule a hearing and may require the Director to withhold certification of names from the eligible list, partially or completely, until the appeal has been adjudicated.  Hearings involving the same examination shall be scheduled and conducted in such manner as the Commission deems will assure consistency and an orderly determination.

9.12 - CONTINUOUS EXAMINATIONS.  Whenever the Director finds that there is a shortage of qualified candidates for any class of position in which there exists a need for employees, he may establish a continuous examination for such class.  Notice and announcement of continuous examinations and receipt of applications shall be made in the same manner as for other regularly scheduled examinations.  After the 15th day following the announcement of the examination, qualified candidates may take such part(s) of the examination on that day or any day thereafter on which the part(s) is given.

When a test is not held on the day on which application is made, candidates who have filed applications shall, to the greatest extent possible, be notified to appear for the test in the order in which their applications were filed.

9.121 - RE-EXAMINATION ON CONTINUOUS EXAMINATIONS.  Any person who was unsuccessful on a continuous examination for a class, or whose time on the eligible list for that class has expired may be re-examined for the same class at an interval to be determined by the Personnel Director, but in no case less than 180 days following the last date on which the candidate previously took the examination.

9.122 - CONSOLIDATION OF CONTINUOUS EXAMINATION ELIGIBLE LISTS.  Continuous examinations shall be rated in the chronological order in which they are held.  Successful competitors in continuous examinations shall have their names placed upon a consolidated eligible list as soon as their final averages are determined.  Such competitors shall have their names ranked on the consolidated eligible list in accordance with the ranking procedure prescribed by this Regulation.

Certification and appointment of persons whose names appear on the consolidated eligible list may take place at any time during and after the continuous examination period in accordance with the procedure set forth in these Regulations.

9.123 - TERMINATION OF CONTINUOUS EXAMINATION.  A continuous examination for a specific class will be given until the Director finds that an eligible list containing a sufficient number of names to fill anticipated vacancies has been created.  When the application period for a continuous examination is closed, all eligible candidates who have filed applications on or before the announced closing date shall be examined.

Except as above provided, the Regulations applicable to open competitive and promotional examinations shall apply to continuous examinations.

9.13 - PERIODIC EXAMINATIONS.  The Director may establish periodic examinations for any class in which it is anticipated there will be a continuing need for eligibles, or for which applicants become available in large groups at periodic intervals, or to permit the administration of examinations to students at convenient times prior to graduation, or to secure an adequate number of eligibles for a given activity.  Notice and announcement of periodic examinations shall be made in the same manner as for other regularly scheduled examinations.  Periodic examinations for a given class will be held at intervals, periods, or dates that correspond to the periods at which numbers of qualified applicants become available or at such times as need requires in the judgment of the Director.

9.131 - ELIGIBLE LISTS CONSOLIDATED.  Periodic examinations shall be rated in the chronological order in which they are held.  The names of successful competitors in periodic examinations shall be ranked upon a consolidated eligible list in accordance with the ranking procedure prescribed by this Regulation.  Except as above provided, the Regulations applicable to open competitive and promotional examinations shall apply to periodic examinations.  Certification and appointment of persons on the consolidated eligible list may take place at any time after the first eligible list for the class has been established.

9.132 - RE-EXAMINATION ON PERIODIC EXAMINATIONS.  Any person who has taken a periodic examination for a class shall have the right to be re-examined in any subsequent examination for that class provided he still meets all announced requirements.

9.133 - TERMINATION OF PERIODIC TESTING.  An examination for a class shall continue to be given on a periodic basis until the Director issues an announcement specifying the date on which the last periodic examination shall be held for that class.

9.14 - MEDICAL EXAMINATIONS.  Every eligible appointed to the City service shall, prior to appointment, submit to a medical examination as required and prescribed by the Director.  If, as a result of the medical findings, the examining physician does not recommend approval of the appointment, the person may be disqualified.

9.141 - MEDICAL RE-EXAMINATIONS. 

9.1411 -  An employee to be reinstated following absence from work due to layoff, leave without pay, military leave, or resignation shall be required to submit to a medical examination before being returned to work if the reinstatement is to other than one of the classifications designated by the Director as non-physically demanding, or if the absence was for a period of six (6) months or longer, or if the individual to be reinstated was hospitalized or treated by a physician during his/her absence.  If, as a result of the medical findings, the examining physician does not recommend approval of the reinstatement, the proposed reinstatement may be disapproved.

9.1412 -  An employee who has incurred a service-connected disability shall be required to be re-examined when necessary, in accordance with the Regulations on disability.

9.1413 -  An active employee shall be required to submit to a medical examination prior to a new appointment unless the appointment is to a non-physically demanding classification as designated by the Director.

9.1414 -  An active employee who has been absent due to illness or non-service connected injury for fifteen (15) or more consecutive working days shall be required to submit to a medical examination prior to returning to work.  If, as a result of medical findings, the examining physician does not recommend approval of a return to work, the proposed return may be disapproved.

9.1415 -  Other provisions of these Regulations notwithstanding, the Commission or the Director may require a medical examination of an employee sufficient to indicate whether or not the employee is able to perform or continue to perform the duties of his/her employment.

9.15 - IDENTIFICATION.  Every competitor shall furnish proof of identification as part of the examination process.  Such identification is limited to fingerprinting or a valid picture identification card including a validated driver's license or equivalent, an official passport, a college student identification card, or a City of Philadelphia employee identification card.  The mode of identification used for any particular examination must be either fingerprinting or one of the other above forms of identification for every competitor for that examination.

9.16 - PROHIBITED ACTS AND PENALTIES PERTAINING TO EXAMINATIONS. 

9.161 - PROHIBITED ACTS.  No person shall:

9.1611 -  Make any false statement, certificate, mark or report with regard to any test nor in any manner commit or attempt to commit any fraud or deception preventing or tending to prevent the fair and impartial execution of this Regulation governing examinations.

9.1612 -  Directly or indirectly, give, render, pay, offer, or accept any money or other valuable consideration in connection with the administration, scoring or results of an examination.

9.162 PENALTIES.  The penalty for violation of any of the sections of this Regulation 9 - Examinations shall be as follows:

9.1621 -  If the Director determines the violation was intentional, the violator shall for five years be barred from competing in any Civil Service examination and shall for that period be ineligible for appointment to or employment in any position in the Civil Service and such violator shall be removed forthwith from any position he may hold in the Civil Service.

9.1622 -  If the Director determines that the violation was not intentional, he may disqualify the violator from the examination(s) involved.

9.163 -  Any violation of the provisions of this Regulation 9 - Examinations shall be promptly reported to the Director, who shall be responsible for conducting a thorough investigation.  During the course of the investigation the accused shall be afforded the opportunity for a hearing before the Director who shall issue a written determination as to whether the violation occurred, the nature thereof and, if a culpable violation occurred, imposing the penalty, if any, he may decide to impose as provided by the Charter or these Regulations.  There shall be no right to appeal from the determination of the Director other than such as may be expressly conferred by the Charter.



END OF REGULATION 9.

Philadelphia Civil Service Regulations
Transmittal no.305 (Jun-13-2008)