Table Of Contents
. . .
- Preparation, Adoption and Revision of Regulations
- Exemptions from Civil Service
- Classification Plan
- Pay Plan
- General Requirements for Applicants
9.01, 9.05, 9.10+
- Eligible Lists
- Requisitions, Certification and Appointment
- Limited-Term Appointments
- Assignments and Transfers
- Probationary Period
- Resignation, Reinstatement, Restoration and Retirement
- Dismissals, Demotions, Suspensions and Appeals
- Hours of Work
- Vacation Leave
- Sick Leave
- Leaves of Absence
- Performance Reports
- Working Conditions
- Records and Reports
- Training of Employees
- Safety, Health, Welfare and Recreation
- Labor Relations
- Political Activity
- Residence Requirement
- Interim Regulations
- Injury and Disability
- Miscellaneous Regulations
. . .
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(continued, 9.10 to 9.99999)
- 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:
- If the Commission finds that there is insufficient substance to the appeal, it shall notify the appellant that the appeal has been denied.
- 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.