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17. DISMISSALS, DEMOTIONS, SUSPENSIONS AND APPEALS
17.01 - DISMISSAL, DEMOTION AND SUSPENSION. Any dismissal or demotion after the completion of the required probationary period of service, or suspension of any employee in the Civil Service shall be for just cause only.
At least ten (10) days before the effective date of dismissal or involuntary demotion, the appointing authority must notify the employee, in writing, of his or her intention to dismiss or demote. The notice to the employee must state the specific reasons for the dismissal or demotion and summarize the facts in support thereof with sufficient particularity to allow the employee to prepare a defense to the charges. A copy of such notice must be filed with the Director. Within ten (10) days following service of the notice, the employee may reply thereto in writing. At the same time the employee shall file a copy of such a reply with the Director.
At any time within twenty (20) days after the end of the ten (10) day period the appointing authority may notify the employee in writing of the effective date of the dismissal or demotion and the specific reasons for the dismissal or demotion. The appointing authority must file a copy of this notice with the Director. If such a notice of dismissal or demotion is not sent within the twenty (20) day period, the original notice of intention shall lapse and be of no effect.
17.02 - DISMISSAL. An employee in the Civil Service may be dismissed for just cause at any time by the appointing authority. Notice must be given as provided in Section 17.01 of this Regulation.
17.03 - DEMOTIONS. The appointing authority may demote an employee whose performance of required duties falls below standard or for disciplinary purposes. Notice of involuntary demotion must be given as provided in Section 17.01 of this Regulation.
17.031 - DEMOTIONS, TEMPORARY. With the employee's consent, an appointing authority may temporarily demote an employee with permanent Civil Service status for reasons of health or temporary disability or for disciplinary purposes when such procedure is more advantageous to both employee and the employing department than a leave of absence or separation from the City service. A temporary demotion, to which the employee involved consents, is not appealable to the Commission. A temporary demotion must be for a stipulated period at the termination of which the employee is to be reinstated in his or her former position; provided however, such demotions for reasons of health or temporary disability may, with the consent of the employee, be extended for additional periods.
17.032 - DEMOTIONS, VOLUNTARY. The appointing authority, with the consent of the Director, may demote an employee with permanent Civil Service status, with his or her consent, from a position in one class to a position in another class for which a lower maximum rate of pay is prescribed. Notification requirements described in Regulation 17.01 do not apply to voluntary demotions.
17.033 - DEMOTIONS, VOLUNTARY - POLICE OFFICER RECRUIT DURING THE PROBATIONARY PERIOD TO THE CLASS OF CORRECTIONAL OFFICER TRAINEE. The Police Commissioner, with the consent of the Director, may demote an employee in the class of Police Officer Recruit during the probationary period to the entry level Correctional Officer class, with the consent of the employee. The voluntary demotion cannot be effective after the last day of the probationary period.
17.04 - SUSPENSIONS. The appointing authority may suspend an employee without pay from his position at any time for just cause. Notice of suspension shall be given to the employee and at the same time to the Director. Each suspension without pay shall not exceed thirty (30) calendar days.
No appointment except a temporary appointment shall be made to fill the vacancy during a period of suspension.
17.05 - REDUCTION IN PAY. An appointing authority for just cause may reduce the salary of an employee within the pay range prescribed for the class. In the case of a permanent employee, notice of intention to effect a reduction in pay and the reasons for such action shall be given to the employee and to the Director ten (10) calendar days prior to the effective date of the reduction. The permanent employee so affected may appeal to the Commission as in cases of demotions.
17.06 - APPEALS. The Commission shall hear and dispose of appeals as provided in this section.
17.061 - PROCEDURES ON APPEALS. Any employee who after satisfactorily completing his probationary period of service, is dismissed, demoted, or suspended for more than ten (10) calendar days in any one year, may, within thirty (30) calendar days after such dismissal, demotion, reduction in pay or suspension, appeal to the Commission for review thereof. Every appeal shall be heard promptly. Upon such review, both the appealing employee and the appointing authority involved shall have the right to be heard publicly and to present evidence; but technical rules of evidence shall not apply. The findings and decisions of the Commission shall be in writing and shall be certified to the Director. On the day the findings and decisions of the Commission are entered a copy thereof shall be mailed to the appellant by ordinary U.S. mail, postage prepaid, to the address furnished in the appeal or stated by him of record at the hearing, and to his attorney of record if he was represented before the Commission.
17.062 - DISPOSITION OF APPEALS. If the Commission sustains the appeal on the ground that the action complained of was taken by the appointing authority for any political, religious or racial reason, or for labor union activity lawful for municipal employees, it shall order the employee to be reinstated to his former position without loss of pay for the period of his suspension. In all other cases where the Commission sustains the appeal of the employee it shall order the reinstatement of the employee in his former position, with or without loss of pay, or direct that he be appointed to a position of equal status in the same department, board or commission, with or without loss of pay.
If the Commission overrules the appeal of the employee, it shall confirm the action of the appointing authority which shall be final as of the date it was taken.
Findings and decisions of the Commission and any action taken in conformance therewith and as a result thereof shall be final and there shall be no further appeal on the merits, but there may be an appeal to the courts on jurisdictional or procedural grounds.
17.063 - REHEARINGS.
17.0631 - Reasons for Rehearing. The Commission, in its discretion, may grant a rehearing upon application of either party filed with the Commission not later than thirty (30) days after the decision was entered, but only on one or more of the following grounds:
17.0632 - Form of Application for Rehearing. The application shall state with particularity the basis therefor. If the application is based on matters described in clauses (a) and (b) of Section 17.0631, it shall be accompanied by a memorandum in support of the applicant's position. If the application is based on matters described in clause (c) of Section 17.0631, it shall have annexed thereto affidavits stating in detail the evidence to be produced should the rehearing be granted, why such evidence was not and could not have been presented at the original hearing and it shall be accompanied by copies of any documents, exhibits, etc. proposed to be presented at the rehearing. A copy of the application and accompanying memorandum, affidavits and exhibits shall be served on the opposing party or his counsel, and proof of service shall be filed with the Commission within five days of the filing of the application.
17.0633 - Answer. The opposing party shall have fifteen (15) days after service within which to file an answer to the application and, if the application is based on matters described in clauses (a) and (b) of Section 17.0631, a memorandum in opposition thereto shall accompany such answer.
17.0634 - Action of the Commission. The Commission may fix a hearing or oral argument, or, without so doing, may decide the issues raised and affirm or modify the decision previously entered by it, or may dismiss the application, as it shall deem just under the circumstances. Such action as it may take shall be final and not subject to further review by the Commission.
17.0635 - Effective Date. This section shall apply only to cases decided by the Commission after its effective date, and to cases in which appeals have been taken to Courts of record which, on the effective date of this section, are still not finally disposed of, but only if such appeals are withdrawn at or before the making of the application for rehearing.
17.07 - SEPARATION DUE TO NON-SERVICE INCURRED DISABILITY. An employee refused by an appointing authority on the advice of the Chief of the Municipal Medical Dispensary the right to perform the duties of his position because of a non-service incurred physical condition or medical disability shall have his employment terminated or continued in accordance with the following provisions:
17.071 - EMPLOYMENT STATUS DURING LEAVES. In the event the employee concedes his disability or physical condition and remains absent from work on sick leave, vacation leave, compensatory time, leave without pay, or any other permissive leave available to him, the responsibility of obtaining such leaves or renewals thereof is solely the employee's.
17.072 - MEDICAL REEXAMINATIONS. If, as and when the employee believes he has recovered and/or is able to return to work, he may apply to the Chief of the Municipal Medical Dispensary for examination or reexamination. Such an application made to that officer by personal appearance at his office prior to the expiration of a leave with or without pay shall suspend the application of Regulation 22.021 until five (5) days after notice of the determination by that officer is mailed to the employee.
17.073 - SEPARATIONS AND APPEALS. A determination by the Chief of the Municipal Medical Dispensary that the employee, following reexamination as provided in subsection 17.072, is still disabled or in unsatisfactory physical condition shall serve as authorization for the appointing authority to take one or more of the following actions:
17.0731 - If it is considered appropriate, offer the employee, if he applies therefor within five (5) days of the offer, a leave of absence without pay for a reasonable period based on the advice of the Chief of the Municipal Medical Dispensary, or
17.0732 - Offer the employee, if he applies therefor within five (5) days of the offer, a leave of absence without pay for a reasonable period to permit him, if possible, to be employed in another position compatible with his disability or physical condition, either on the basis of a transfer or voluntary demotion, or
17.0733 - Offer to accept the employee's resignation in good standing (with the possibility of reinstatement) if submitted within five (5) days of the offer, or
Philadelphia Civil Service Regulations