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Table Of Contents
6. Pay Plan
10. Eligible Lists
13. ( abolished )
20. Vacation Leave
21. Sick Leave
28. Labor Relations
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. With the exception of examinations announced on a periodic or continuous basis, 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. Examinations announced on a periodic or continuous basis shall be held in accordance with the provisions of Regulation 9.12.
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.
9.017 - CANCELLATION OF EXAMINATION. The Director may recommend the cancellation of any part of an examination, or the entire examination, if it has been determined that there has been a significant irregularity, or bias, fraud or deception in the administration of the examination.
The Director shall have the option of recommending:
The recommendation will be presented to the Civil Service Commission, which will approve, modify or disapprove the recommended action. The Director shall send a written notification of the cancellation and an explanation of the reason for the cancellation to all candidates who took the cancelled examination.
9.018 - EXAMINATION RE-SCHEDULED DUE TO SPECIAL CIRCUMSTANCES. A candidate who is eligible but unable, for any of the reasons listed below, to take an examination as scheduled may be given an examination on an alternate date upon the approval of the Director.
Examinations will not be re-scheduled for any other reason.
Such candidate must submit a written request describing the reasons for their absence on the scheduled examination date, and provide documentary evidence which demonstrates to the satisfaction of the Director that the candidate was unable to take the examination as scheduled.
Candidates approved to take an examination on an alternate date shall be given the same or an equivalent examination under substantially the same conditions and standards with comparable examination content and level of difficulty.
If successful in the examination, his or her name shall be placed on the eligible list in the order of examination score.
9.018-1 - Examination Accommodations for Documented Medical Reasons
Reasonable accommodations for an examination may be provided for documented medical reasons. Candidates may request an accommodation for an examination by contacting the Office of Human Resources. Requests for accommodation must be submitted in writing and must be received by the Office of Human Resources no later than five calendar days before the scheduled examination date. The accommodation process is interactive and requires cooperation and communication between the candidate requesting an examination accommodation and the Office of Human Resources. Decisions will be made on a case-by-case basis using the requested and submitted documentation. The decision to grant, or to deny a request for an accommodation will be made by the Director. This decision shall be final and is not subject to appeal. Requests for accommodations received on or after the test date will not be accepted.
9.019 - EFFECT OF FURLOUGH ON LENGTH OF SERVICE. Time spent on furlough counts as experience to qualify in examinations.
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:
Employees in classes of positions represented by District Council 47 or in Non-Represented classes who have not received an annual performance evaluation during the twelve month period immediately preceding this date shall be presumed to have had an overall rating of Satisfactory for purposes of determining eligibility to compete in promotional examinations.
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 or her name appear on the eligible list.
9.0232 - Credit for Performance Reports.
9.02321 - For employees in classes represented by District Council 47 and non-represented employees, 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 or her 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. For the purpose of determining the kind of examination and for the establishment of and certification from an eligible list, a department is considered to be any department established by the Philadelphia Home Rule Charter or any office, bureau or other organizational entity established by an Executive Order that has a distinct department number.
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.
Time spent on a furlough 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
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.
9.0261 - 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.
9.0262 - 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.
9.0263 - Scope of Competition for Promotional and Open Competitive Examinations for the Same Class That Are Announced Concurrently. If an inter-departmental promotional examination and an open competitive examination for the same class are announced concurrently, employees eligible to compete in the promotional examination may not apply for or compete in both examinations.
An employee who applies for both inter-departmental promotional and open competitive examinations that have been announced concurrently for the same class, and who is eligible to compete in the promotional examination, will have his or her application for the open competitive examination disapproved. Such an employee may choose to not apply for the promotional examination, and, instead may apply for and compete in the open competitive examination only. Such an employee will receive no promotional preference in this examination.
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, each competitor shall be required to complete and sign a numbered identification sheet, providing full name and address and such other information as may be required by the Director, and to place this sheet in an envelope, which shall be sealed by the applicant. The envelope and each paper submitted by the competitor shall bear the same identification number. Except as provided for in the sub-sections of this regulation, the identification of competitors shall not be revealed 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 or her identity and identification number to any employee of the City, or who writes his or her name or makes any other mark which discloses or is intended to disclose his or her identity on his or her answer sheet or any other paper, except the identification sheet that bears his or her identification number in connection with the 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 or her 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 must complete a binding agreement that:
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, or other test in which it is not possible to conceal the identity of competitors, each competitor shall be required to sign an undertaking in which he or she agrees that, as a condition of being permitted to compete, the competitor agrees to 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. 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. The Director shall determine the relative weight assigned to each part of the examination.
The parts of the examination and the relative weight assigned to each part shall be included in the examination announcement. The Director may change the parts and/or weights of the examination at any time before the first part of an examination is held. The Director shall notify the candidates who have been approved to take the examination that the parts and/or weights of the examination have been changed.
After the first part of a non-continuous examination is held, remaining weighted or qualifying examination parts may be eliminated by the Director if the number of successful candidates in the first part provides 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.
9.05 - QUALIFYING TESTS
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.
9.054 - Qualifying Examinations For the Bilingual Specialty of a Class.
9.06 - SCORING PROCEDURES.
9.061 - DETERMINING KEY ANSWERS. Before a controlled answer written test is given, the Director shall determine for each question the most acceptable and correct answer or answers among the choice of answers given. After the test has been held, the Director may determine, upon statistical or factual analysis of the competitors' answers, that: (a) there is more than one equally acceptable and correct answer to the question, so all such equally acceptable and correct answers shall be counted as right answers in scoring the test, or (b) there is no correct answer to the question or that the question is inappropriate, and that 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 the controlled answer written test part of an examination has been disclosed, the Director shall, except as in cases provided for under the sub-sections of this regulation, 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:
9.0621 - Minimum Passing Score Determined by an Entity Contracted by the City to Develop and/or Administer the Examination. An entity contracted by the City to develop and/or administer an examination may determine the minimum passing score in the manner determined to be appropriate by that entity for that examination.
9.0622 - 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 or she 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.
9.063 - Scoring Procedures for promotional examinations for classes represented by the Association of Fire Fighters Local 22 Effective August 12, 2015 any changes that impact scoring for promotional examinations resulting from an interest arbitration award between the Association of Fire Fighters Local 22 and the City of Philadelphia, including any award issued after its effective date, will only apply to promotional exams announced after the date the award is issued.
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 the raw score earned on each separate part into a grade. The score earned by each competitor for each part shall be assigned using any scale approved by the Director for that part and then be converted into a grade between 0 and 100 by assigning:
9.065 - DETERMINING FINAL AVERAGES. When an examination includes more than one part, candidates must pass each part of the examination. When the parts of the examination are administered sequentially, candidates must pass all parts of the examination to be eligible to compete in the remaining parts of the examination. A candidate who fails any part of the examination will be considered to have failed the entire examination. The grades for each part of the examination shall be weighted, using the predetermined weights, and averaged to determine the final average for the examination. When an examination consists of only one part, the grade on that one part shall be the 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 (Regulation 7.05) or legacy preference (Regulation 7.10) (for open competitive examinations only), performance ratings, seniority, education, language skills or other factors as defined by these regulations.
The following requirements must be satisfied for a candidate to receive additional credits for examinations as described in the sub-sections of this regulation.
9.0661 - Additional Credits For Fire Service Paramedics and Emergency Medical Technicians In The Open Competitive Examination For The Class Of Firefighter. Any employee currently allocated to the class of Fire Service Paramedic with five (5) or more years of service as a Fire Service Paramedic with the City of Philadelphia 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.
Any employee currently allocated to the class of Emergency Medical Technician with five (5) or more years of service as a Emergency Medical Technician with the City of Philadelphia 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 provisions of this regulation shall be effective November 16, 2015.
9.0662 - Additional Credits for Police Promotional Examinations. For all Police promotional examinations administered and eligible lists established after the issuance of the August 2000 Act 111 interest arbitration award, candidates who otherwise achieve eligibility for promotion to a higher rank and who have successfully completed a course of study at an accredited college or university will have .50 points added to their final score if the highest degree received is an Associate's Degree, 1.0 point added to their final score if the highest degree received is a Bachelor's Degree, and 1.5 points added to their final score if the highest degree received is a Master's Degree. Candidates who have successfully completed sixty (60) credits at an accredited college or university toward completion of a degree will have .50 points added to their score
9.0663 - Additional Credits for Police Officer Recruit and Police Officer 1 Open Competitive Examinations. For open competitive examinations for the classes of Police Officer Recruit announced after March 1, 2009, and Police Officer 1 announced after March 1, 2010, additional points will be added to the examination score of any candidate who has passed the open competitive examination and who has:
9.0664 - Additional Credits for Firefighter 1 Open Competitive Examinations.
9.0665 - Additional Credits for Firefighter and Paramedic Promotional Examinations. Effective August 12, 2015 any changes to additional credits for promotional examinations resulting from an interest arbitration award, including any award issued after its effective date, will only apply to promotional exams announced after the date the award is issued.
9.0666 - Additional Credits for Fleet Maintenance Supervisor, Assistant Fleet Manager for Operations and Fleet Management Quality Assurance Director Examinations. Candidates for the Fleet Maintenance Supervisor (7F30), Assistant Fleet Manager for Operations (7F31) and Fleet Management Quality Assurance Director (7F45) promotional examinations who have secured and maintained any of the Automotive Service Excellence (ASE) Master Level Certifications issued by the National Institute for Automotive Service Excellence or Emergency Vehicle Technician (EVT) Master Level Certifications issued by the Emergency Vehicle Technician Certification Commission listed below, and who have achieved a final average passing grade in the examination for these classes, shall have two points added to their final score:
Candidates will have a maximum of two points applied to their final score.
9.0667 - Additional Credits for Social Worker Services Trainee and Social Work Services Manager I Examinations. Candidates for the Social Worker Services Trainee or Social Work Services Manager 1 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.
9.0668 - Additional Credits For Open Competitive Examinations For Candidates Who Have Demonstrated Fluency In A Non-English Language. Any candidate who has passed all other parts of an open competitive examination announced on or after July 1, 2014 will be awarded three (3) additional points for verified ability to communicate fluently in any non-English language or in American Sign Language. The additional points will be awarded for all open competitive examinations announced:
9.0669 - Additional Credits on Open Competitive Examinations for Candidates Who Have Completed a Term of Service with AmeriCorps or the Peace Corps. For open competitive examinations announced after January 1, 2015, additional points will be added to the examination score of any candidate who has passed all other parts of the open competitive examination and who has completed a term of national service.
Points will be awarded commensurate with the level of service defined below:
Candidates must submit official documentation of their completed service to be eligible for additional points.
Candidates claiming additional points based on service with AmeriCorps must submit official documentation from the Corporation for National and Community Service that they have completed their AmeriCorps service commitment.
Candidates claiming additional points based on service with the Peace Corps must submit an official copy of the Description of Service (DOS) issued by the Peace Corps Office of Volunteer and PSC Financial Services that they have completed their Peace Corps service commitment.
Candidates can combine completed service terms to accumulate 5 points; however, candidates cannot receive more than 5 points for national service.
A candidate may receive a maximum of ten additional points for any one examination as a result of the points authorized by this regulation and the points authorized by any other regulation that is not mandated by law, ordinance, Home Rule Charter or collective bargaining. Additional points mandated by law, ordinance, Home Rule Charter or collective bargaining are not included in this restriction.
The Human Resources Director will present an annual report on the effectiveness of the regulation to the Civil Service Commission. The Civil Service Commission will then determine if the regulation will be continued and/or adjusted for another year or abolished.
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 credits authorized by law, collective bargaining agreement or regulation for:
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:
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 - Tie Breaking Procedure 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:
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:
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.
9.091-A - 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 Office of Human Resources 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.
9.091-B - 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 cannot 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 Office of Human Resources will review and respond in writing to all such appeals, informing the candidate of the disposition of the appeal.
9.091-C - 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.
9.091-D - REVIEW AND APPEAL OF TRAINING AND EXPERIENCE EVALUATIONS, ACHIEVEMENT RECORD, PERFORMANCE, JOB SIMULATION, IN-BASKET AND ALL OTHER TYPES OF EXAMINATIONS NOT COVERED BY OTHER REGULATIONS. Candidates may review their answer sheets and other test papers to determine if they have been scored correctly or if there has been an irregularity in the administration of the examination. Review of validated tests purchased or leased from other organizations or individuals may be restricted by contractual requirements. Such restrictions will be included in the examination announcement, or in a written notification sent to everyone who applied for the examination. Appeals must be submitted in writing to the Director within the review and appeal period identified in the examination announcement. Appeal will be restricted to errors in scoring for all candidates, and, for candidates who have failed the examination, to irregularity in the administration of the examination. Errors in scoring will be corrected for the appellant and for all other candidates whose scores may have been affected by the error. Corrections will be made in accordance to the provisions of Regulation 9.093. If the Director determines that an irregularity in the administration of the examination has occurred, he or she will recommend corrective measures in accordance with Regulation 9.017.
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 score 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.
9.094 - RE-EXAMINATION AS A RESULT OF ADMINISTRATIVE ERROR. The Director may recommend a re-examination of candidates in the event that an error in the administration of the examination would not allow the determination of the relative fitness of competitors. Depending on the nature of the error and the mandate to administer examinations that are competitive, uniform, and that fairly measure the relative qualifications of competitors, the Director may recommend administration of the original examination or an alternate form of the same type of examination at a later date to the candidates who were affected by the administrative error or to all candidates who took the original examination.
The recommendation will be presented to the Civil Service Commission, which will approve, modify or disapprove the recommended action.
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:
9.12 - CONTINUOUS AND PERIODIC EXAMINATIONS. When there is a shortage of qualified candidates, or applicants become available at periodic intervals, or to permit the administration of examinations to students at convenient times, an examination for such class may be announced on a continuous or periodic basis. 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 of the examination is given. Periodic examinations will be held at intervals 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. To the greatest extent possible, candidates should be notified to appear for the test in the order in which their applications were filed.
9.121 - RE-EXAMINATION ON CONTINUOUS AND PERIODIC EXAMINATIONS. Any person who failed a continuous or periodic examination may apply for the same continuous or periodic examination at an interval to be determined by the Director, but in no case less than 180 days following the last date on which the candidate previously took the examination.
A candidate who passed a periodic or continuous examination may not apply for the same examination as long as the candidates name remains on the eligible list. A candidate who passed a periodic or continuous examination and whose name was subsequently removed from the eligible list has the same right to re-apply as a person who failed the continuous or periodic examination.
9.122 - CONSOLIDATION OF CONTINUOUS AND PERIODIC EXAMINATION ELIGIBLE LISTS. Successful competitors shall have their names placed upon a consolidated eligible list in rank order as determined by final average and other factors as defined by Regulation 9.067. Certification and appointment of persons on the consolidated eligible list shall be in rank order. Certification and appointment from a continuous list may take place at any time during and after the continuous examination period. Certification and appointment from a consolidated periodic eligible list may take place at any time after the first eligible list for the class has been established.
9.123 - TERMINATION OF CONTINUOUS EXAMINATION. Applications will be accepted indefinitely for examinations announced on a continuous basis. When the Director determines that an eligible list containing a sufficient number of names has been created, notification will be made informing the public of the last date that applications will be accepted. This notification period must last at least five calendar days. 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.
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.