Phila. Civil Service Reg. 29.05 to 29.99999, (Trans.278, Jan-22-2001)

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Philadelphia Civil Service Regulations
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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 Transmittal no.278 (Jan-22-2001)

Philadelphia Civil Service Regulations

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29. POLITICAL ACTIVITY

(continued, 29.05 to 29.99999)

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
Transmittal no.278 (Jan-22-2001)