![]() |
City of Philadelphia Personnel Department | |
| Main Page > Civil Service Commission > Regulations > 29. | | www.phila.gov | |
|
29. POLITICAL ACTIVITY29.01 - PURPOSE AND SCOPE. The purpose of this regulation is to define the kinds of activities in which employees in the civil service may or may not engage under Section 10-107 of the City Charter which prohibits political activity and to provide the procedures for enforcement of that section. This regulation shall apply to all employees in the civil service, including those on approved leaves of absence with or without pay. 29.02 - POLITICAL ACTIVITY RESTRICTIONS, GENERAL DESCRIPTION OF. In general, and unless otherwise specifically provided in the Charter, restrictions on political activity prohibit only activity aimed at promoting or opposing the success of a political party or body or the nomination or election of particular candidates at primary, general or special elections. Such restrictions are not aimed at limiting or interfering with the activity of employees with respect to questions submitted to referendum vote except where the questions are so closely identified with a particular political party or body that a position on the question necessarily constitutes a corresponding support of the party or body, or where the particular activity is such that it cannot be or is unlikely to be engaged in without support of a political party or body or particular candidates. Since employees retain the right to exercise their franchise in all its aspects and to express privately their opinions on all political subjects, the restrictions on political activity cannot and should not interfere with the opportunity of employees to acquire the information upon which intelligent exercise of the franchise is based. To aid employees in determining which activities are permitted and which activities are prohibited, there are listed in Section 29.03 permissible activities and in Section 29.04 prohibited political activities, neither of which listings is to be deemed to be by any means all inclusive. Nothing in this regulation shall prevent any civil service employee from participating in any election of members of the Board of Pensions and Retirement or of the members of any other board who may be elected as employee representatives under the provisions of the Philadelphia Home Rule Charter. 29.03 - PERMISSIBLE ACTIVITIES. The following are activities permissible under Section 10-107 of the City Charter. An employee in the civil service may voluntarily: 29.032 - Express privately his opinions on any political candidate. 29.033 - Be a member of a political party, club or organization. 29.034 - Be a member or officer or participate in the activities of non-partisan civic organizations. 29.035 - Sign any petition. 29.036 - Initiate or circulate petitions provided that such petitions are not identified with a political party, or body, or partisan political club and do not call for the nomination or election of particular candidates to public or party office. 29.037 - Unless he is a uniformed or investigatory officer or employee of the Fairmount Park Commission, Police or Fire Departments, make voluntary contributions for political purposes. 29.038 - Participate in the public debate of questions which may be submitted to referendum vote or of other issues of public interest, provided such activity is not in support of any political party or body or partisan political club, and is not identified with any particular political party, body or candidate. 29.0310 - Attend dinners or social functions of a political character. 29.0311 - Address any meeting, dinner or social function on local, state or national issues that are not particularly identified with any particular political party, body or candidate and do not call for the nomination or election of any candidate to public or party office. 29.0312 - Distribute printed matter, badges or buttons in support of any political issue provided that such issue is not identified with any particular political party, body or candidate and does not call for the nomination or election of any particular candidate to public or party office. 29.0313 - Participate in any non-partisan campaign for the registration of voters. 29.04 - PROHIBITED POLITICAL ACTIVITIES. The following are political activities prohibited by Subsections (3), (4) and (5) of Section 10-107 of the City Charter. An employee in the civil service shall not: 29.041 - Be an officer or member of a committee of a political party or body. 29.042 - Be an officer or member of a committee of a partisan political club or organization. 29.043 - Address, make motions, prepare or assist in preparing resolutions, maintain records or take any other active part in a meeting or convention of a political party or partisan political club. 29.044 - Initiate or circulate public petitions, or canvass for the signatures of others, if such petitions are identified with or call for the nomination or election of any particular candidate to public or party office. 29.045 - Distribute printed matter, badges or buttons in support of any candidate for public or party office or political party or body. 29.046 - Wear on his person display badges, emblems, signs, posters and the like which are in favor of or against a political party, body or candidate. 29.047 - Participate in or help organize a political parade. 29.048 - Solicit money from any person for the support of any issue, for the support of any political party or body, or for the support of any political purpose that is identified with or calls for the nomination or election of any particular candidate to public or party office. 29.049 - Arrange, or help to arrange a public meeting, rally, dinner, or social function of a political character. 29.0410 - Sell or distribute tickets for sale for political meetings or dinners. 29.0411 - Serve at party headquarters or otherwise engage in campaign activities on behalf of a party or candidate in any political campaign or election. 29.0412 - Write for publication or publish any letter or article, signed or unsigned in favor of or against any political party, body or candidate for public office. 29.0413 - Engage in transportation of voters to the polls on election day on behalf of any candidate or party. 29.0414 - Act as the accredited watcher of any political party, body or candidate, or engage in any political activity at the polls except the casting of his own vote. 29.0415 - If a uniformed or investigatory member of the Fairmount Park Commission, Police or Fire Departments, make any contribution of money or any valuable thing, whether voluntary or involuntary, for any political purpose whatever. 29.0416 - Be eligible to continue his City employment if he shall become a candidate for nomination or for election to any public office. Any City employee who shall become a candidate for a nomination or election to any public office shall be considered to have resigned his City employment. 29.0417 - Give any consideration to the political affiliation of any person in making appointments under the provisions of these regulations. 29.0418 - Directly or indirectly use or promise or threaten to use the authority or influence of his position in order to coerce or influence the vote of any person. 29.0419 - Directly or indirectly use or promise to use the authority or influence of his position in order to dismiss, promote or demote, or in any manner change the official rank or compensation of any employee or promise or threaten to do so for withholding or refusing to make any contribution of money or service or other valuable thing in support of or in opposition to any political party, body or candidate for public office or issue. 29.0420 - Directly or indirectly use or promise to use the authority or influence of his position in order to coerce or influence an employee to pay or promise to pay any assessment, subscription or contribution in support of or in opposition to any political party, body or candidate for public office or issue. 29.0421 - Address any rally, dinner or social function of a political character on any subject that is identified with or calls for the nomination or election of any candidate to public or party office. 29.0422 - Participate in a campaign of a political party for registration of voters in that party. 29.0423 - Perform any of those activities referred to in Section 29.03 of this regulation during his scheduled hours of employment for the City of Philadelphia. Those political activities prohibited in Section 29.04 of this regulation are not permitted before, during and after hours of work for the City. 29.0424 - By collusion or indirection through another person attempt to accomplish what is prohibited by these regulations. 29.05 - APPEAL. If an employee is directly or indirectly requested by his superior or another employee to engage in prohibited political activities as referred to in the Charter and these regulations, or if an employee believes that he has been discriminated against for failure to engage in such activities, he may appeal to the Civil Service Commission against such actions. An employee separated from the City service because of violation of the provisions of this regulation or Section 10-107 of the City Charter may appeal such separation in accordance with provisions of Section 17.06 of these regulations. 29.06 - ENFORCEMENT RESPONSIBILITY. The Director is responsible for the administration of this regulation and for securing compliance with its provisions. The Director shall inform all civil service employees of the contents of this regulation and shall take other appropriate action to make it effective. 29.07 - ENFORCEMENT PROCEDURE. 29.071 - Any complaint of alleged political activity of an employee of the City shall be promptly reported to the Director and to the head of the employee's department, board, commission or agency, and the Director and such head shall inform each other of the receipt of any such complaint. The Director shall be responsible for seeing that an adequate investigation is made. The head of the department, board, commission or agency concerned shall conduct an investigation of each such complaint unless the Director notifies such head within five (5) days after receipt of the complaint that the Director will conduct an investigation. 29.072 - An investigation made by the head of a department, board, or commission or agency shall be completed and the findings and the action proposed to be taken shall be reported to the Director within forty-five (45) days after the receipt of a complaint. 29.073 - If the head of the employee's department, board, commission or agency finds that the employee violated Article X of the Charter and Regulation 29, such head shall notify the employee and Director of his intention to dismiss the employee together with the reasons for his intended action. If the employee, within ten (10) days after service of such notice, requests a hearing, the head of the employee's department, board, commission or agency shall hold a hearing. The employee shall have the right to present evidence and be represented by counsel at the hearing. The hearing shall be reported and a record made. Within ten (10) days after the hearing such head shall find whether or not the employee violated Article X of the Charter and Regulation 29. If such head finds that there was such violation he shall notify the employee of his dismissal and the reasons therefor. A notice of dismissal sent within such period shall be timely, notwithstanding any other provisions of these Regulations. 29.074 - If the head of the employee's department, board, commission or agency finds that the employee did not violate Article X of the Charter and Regulation 29, he shall notify the employee and the Director. The Director shall determine whether an adequate investigation was made and whether he concurs in the findings, and he shall notify such head of his determination. If the Director determines that an adequate investigation has been made and concurs in the findings of the head of the employee's department, board, commission or agency, the case shall be considered closed. If the Director determines that the investigation has been inadequate, he may make such additional investigation as he deems appropriate. The Director shall complete his additional investigation, if any, and make a report thereof together with his recommended findings to the head of the employee's department, board, commission or agency within thirty (30) days after receipt of the report of such head. Upon receipt of the head of the employee's department, board, commission or agency of a report from the Director recommending findings contrary to the findings made by such head, the case shall be reviewed by such head, and within ten (10) days after receipt of the Director's report, such head shall make new findings or affirm his original findings and report his action to the Director. If upon review of the Director's report and recommended findings, the head of the employee's department, board, commission or agency shall find that the employee violated Article X of the Charter and Regulation 29, he shall notify the employee and Director of his intention to dismiss the employee together with the reasons for his intended action and shall thereafter follow the procedure prescribed in Section 29.073. 29.075 - If the Director notifies the head of a department, board, commission or agency within five (5) days after receipt of a complaint that an investigation will be conducted by the Director, the Director shall complete his investigation and make a report thereof together with recommended findings to such head within forty-five (45) days after the receipt of the complaint. Pending receipt of the Director's report, the head of the employee's department, board, commission or agency shall not make findings nor shall he make any disposition of the case. The head of every department, board, commission or agency shall in any case have the right to conduct an investigation at any time. Upon receipt of the Director's report, the head of the employee's department, board, commission or agency shall within thirty (30) days after the receipt of the report make findings and report to the Director the action proposed to be taken. Such head may make such additional investigation as he deems appropriate. If such head finds that the employee violated Article X of the Charter and Regulation 29, the procedure prescribed by Section 29.073 of this Regulation shall be followed. If such head finds that the employee did not violate Article X of the Charter and Regulation 29, he shall notify the employee and the Director. If the head of the employee's department, board, commission or agency does not receive a report from the Director within forty-five (45) days after the receipt of a complaint, such head may thereafter proceed as in cases where the Director has not undertaken to make an investigation. 29.076 - During the course of any investigation the employee shall be afforded the opportunity to make a statement either personally or in writing before the investigator and shall be allowed to furnish names of witnesses who will support the statements he has made to the investigator. 29.077 - In every case of dismissal, the employee shall have the right to appeal to the Civil Service in accordance with Section 7-201 of the Charter and Section 17.06 of the Civil Service Regulations. 29.078 - In any case in which the Director shall consider that the action taken by the head of the employee's department, board, commission or agency or his failure to act is not in accordance with the Charter and the Civil Service Regulations, the Director shall make a report of the case to the person or board who appointed such head, and to the City Solicitor. 29.079 - The Director shall report to the City Solicitor, in accordance with Section 7-302(1) of the Charter, any case of political activity which, in the opinion of the Director, warrants Court action. 29.08 - PENALTIES. Violation of the provisions of this Regulation and Section 10-107 of the City Charter shall be subject to the following penalties as provided for in the Charter. 29.081 - A maximum of $300.00 fine, ninety (90) days imprisonment, or both. 29.082 - If the violator is an officer or employee of the City, removal from office or immediate dismissal from employment in accordance with the procedures established by the Charter and Civil Service Regulations. 29.083 - Ineligibility for one (1) year from holding any office or position under the City. END OF REGULATION 29.Philadelphia Civil Service Regulations |