Philadelphia Civil Service Regulations
10. ELIGIBLE LISTS
10.01 - TYPE OF LIST. The Director shall establish and maintain such lists of eligibles for the various classes of positions as deemed necessary or desirable to meet the needs of the service. Appointment from the various types of lists shall be made in the order defined in Regulation 11.02.
10.011 - LAYOFF LIST. An employee having permanent or probationary Civil Service status in a specific class of work, but who is not working in such class because of layoff due to a lack of either work or funds, or a departmental reorganization resulting in abolishment of his or her position, shall have his or her name placed upon the appropriate layoff list for his or her class of employment. Names shall be placed on a layoff list in order of a combination of performance rating credit and seniority in the Civil Service as provided for in Civil Service Regulations 16.012 and 16.013. (Sec. 7-401 (o) C.C.)
10.012 - CAREER ADVANCEMENT ELIGIBLE LIST. Comprised of all qualified candidates who have permanent civil service status in a career advancement class and are eligible for promotion to the next higher level class in the career advancement series.
10.013 - PROMOTIONAL ELIGIBLE LIST. Comprised of all qualified candidates who have permanent civil service status and who have passed an examination and are ranked in order of relative excellence.
10.014 - DEPARTMENTAL PROMOTIONAL ELIGIBLE LIST. Comprised of all qualified candidates who have permanent Civil Service status in a specified department and who have passed an examination and are ranked in order of relative excellence:
- as sub-sets of a city-wide eligible list consisting of the names of all candidates from each department. The names of all candidates from a department will be considered a departmental promotional eligible list within the city-wide promotional eligible list. In accordance with Regulation 11.023, the appointing authority may request certification of eligible candidates from his or her department before receiving a certification of eligible candidates from other departments.
- on an eligible list established as the result of an examination announced only for the employees of a designated department.
10.015 - OPEN COMPETITIVE ELIGIBLE LIST. Comprised of all qualified candidates who have passed an examination and are ranked in order of relative excellence.
10.016 - ELIGIBLE LIST FOR UNSKILLED LABORERS. The Director shall establish eligible lists for the class of Laborer and such lists shall be used for certification only to positions allocated to that class or to other similar classes that do not require any previous experience or training. All candidates shall be placed on the eligible list for the class of Laborer according to the method determined by the Director, provided however, that candidates for Laborer need not take written examinations. Rank on the eligible list will be determined in accordance with the provisions of Regulation 9.067. Every applicant for appointment to a Laborer position shall be required to pass such qualifying tests of fitness as may be prescribed by the Director.
10.017 - APPROPRIATE, RELATED LIST. In the absence on an eligible or layoff list for a class within which a vacancy exists, the Director may certify from a list of a related class that the Director determines to be appropriate. Such appropriate, related list should be for a class having substantially the same or higher level requirements than the class in which the vacancy exists. The appropriate related eligible list from which the eligible candidate is certified should be for a class that is paid higher than, equal to, or one range lower than the class in which the vacancy exists and the eligible candidate is appointed.
10.018 - Combined Eligible List for the Bilingual Specialty and another Specialty of a Class. When a single examination is announced to fill positions both in the bilingual specialty of a class and in another specialty of the same class, a combined eligible list will be produced containing the names of all candidates who have passed all weighted parts of the examination. Candidates for the bilingual specialty must pass a qualifying examination as verification of their ability to communicate fluently in a Non-English language or in American Sign Language. Candidates who pass the bilingual qualifying examination will be identified on the eligible list as bilingual - fluency verified in a specified language or languages and will be eligible for certification and appointment to positions in the bilingual specialty. Candidates who fail the bilingual qualifying examination will not be eligible to fill positions in the bilingual specialty but will remain on the eligible list in their original rank and will be eligible to fill positions in the specialty that does not require fluency in a Non-English language or in American Sign Language.
10.02 - EFFECTIVE DATE OF ELIGIBLE LIST.
10.021 - ESTABLISHED ELIGIBLE LIST OF CANDIDATES. An eligible list is effective the date it is signed and approved by the Director or his/her designee. The eligible list contains the scores, rank and status of all candidates who have competed in an examination. Upon establishment of the Eligible List, candidates will be notified of their score, rank and status. The time limit for review of examination results as defined in Regulations 9.09 and 9.11 shall begin on the date that the Eligible List of candidates is established by the Director or his/her designee. Certification and appointment from the eligible list shall be made in the order defined in Regulation 11.02. Eligible candidates may be certified and appointed at any time after the list has been established until the list expires or is exhausted or abolished. The duration of the eligible list will be determined by the date that the list is signed and designated as established.
10.07 - DURATION AND REPLACEMENT OF LISTS.
10.071 - NON-CONTINUOUS AND PERIODIC LISTS. Eligible lists established as the result of non-continuous or periodic examinations shall continue in force for at least one year from the date that the list is signed and designated as an Established Eligible List until exhausted or replaced but in no case longer than two years. When a more recent list has been established for a class, the Director may determine that a previous non-continuous or periodic list for that class, which is more than one year old, shall be canceled and replaced by the more recently established list, or consolidated in accordance with Regulation 10.08 if it has been determined that the selection process used to create both eligible lists is equivalent in content and level of difficulty.
10.072 - OTHER LISTS. Names of eligibles on lists established as the result of continuous examinations shall be retained on such lists for at least one year from the date on which the name is placed on the list or until appointed or removed but in no case longer than two years.
The Director may remove a name from a continuous list at any time after the name has been on such list for one year, provided however, that all names added to the list on the same date or on any earlier date as the name removed are also removed and, provided further, that more recently added names remain on the list.
Names of persons laid off or demoted in lieu thereof shall be retained on the appropriate layoff lists for a period not to exceed two years.
10.08 - CONSOLIDATION OF LISTS. In event of the apparent early depletion of an eligible list, the Director may announce a new examination from which to secure a new eligible list for such class. The names of eligibles on a newly established list may be consolidated with those on the prior list, provided however, that
- For eligible lists established as a result of scheduled (non-continuous and non-periodic) examinations, such consolidation shall not be effected earlier than twelve (12) months following the establishment of the prior list.
- For eligible lists established as a result of continuous and periodic examinations, the names of eligible candidates on a newly established list may be consolidated at any time with the names of eligible candidates on a prior list established as a result of a continuous or periodic examination.
- The parts and weights of the test are identical for both examinations.
- Candidates in both examinations were given the same or an equivalent examination under substantially the same conditions and standards with comparable examination content and level of difficulty.
- Names on the consolidated eligible list shall appear in rank order.
The consolidated eligible list shall be considered a single list. Rank on a consolidated list shall be determined as if all of the eligibles had competed in a single examination. Names of eligible candidates will appear on the list, and certification will be made from the consolidated list, in rank order in accordance with Regulation 9.067.
10.081 - ELIGIBLES REMAINING ON PRIOR LISTS. An eligible remaining on the prior list shall have the option of taking the new examination with the possibility of attaining a higher final average. If such eligible:
- Does not take the new examination or fails the examination, his or her name shall be retained on the consolidated list for the duration of the prior list with a rank based on prior final average.
- Takes and passes the new examination, his or her name shall be placed on the consolidated list with rank based on the new final average for the duration of the new list.
10.09 - REMOVAL OF NAMES FROM LISTS.
10.091 - The Office of Human Resources shall, without notice, remove the name of an eligible from an eligible list for any of the following reasons:
10.0911 - Appointment through certification from such list to fill a permanent position
- in the class for which the list was established; or
- any other class for which the list is designated as appropriate or related by the Director under Regulation 10.017.
10.0912 - Separation from the department of the eligible on a promotional list for that department.
10.0913 - Notice by postal authorities of their inability to locate the eligible at his or her last known address.
10.0914 - Death of the eligible.
10.092 - The Director shall, with notice specified in Regulation 10.0942, remove the name of an eligible from an eligible list for any of the following reasons:
10.0921 - Failure to respond or report, within the time specified in the notice, to any inquiry of the Director concerning availability of employment.
10.0922 - Lack of any of the published requisite qualifications established by the Director for the examination for the position for which he or she applied.
10.0923 - Practice or attempt to practice any deception or fraud in his or her application, in his or her declarations in securing eligibility to compete in a civil service examination process.
10.0924 - For all classes except Police Officer Recruit and Deputy Sheriff Officer, three times waiving or declining an interview for or an appointment to permanent positions in the class for which the list was established to which he or she has been certified.
10.09241 - Two times waiving or declining an interview for or an appointment to permanent positions in the class of Police Officer Recruit or Deputy Sheriff Officer.
10.0925 - Failing a pre-employment drug or alcohol screen.
10.0926 - Having a duplicate application of which only the name associated with the first application submitted shall remain on the eligible list.
10.093 - Upon satisfaction of the requirements of Regulation 10.0943 and upon the written request of an appointing authority, the Director may, at his or her discretion, remove the name of an eligible from an eligible list for any of the following reasons:
10.0931 - Felony or misdemeanor convictions in this state or elsewhere which relate to the applicant's suitability in such a way as to preclude them from employment in the position for which they applied and/or are being considered.
10.0932 - Dismissal from the public service or private employment for inefficiency, delinquency or misconduct.
10.0933 - Previous work performance in either public or private employment found to have been unsatisfactory as to efficiency, delinquency or conduct.
10.0934 - Failure to respond or report, within the time specified in the notice, to any inquiry of the appointing authority concerning availability of employment.
10.0935 - Information revealed during the pre-employment background investigation that indicates that the applicant is unsuitable for appointment to the position for which they applied and/or are being considered.
10.0936 - Disability that prevents the eligible, with or without a reasonable accommodation, from satisfactorily carrying on the duties of the position.
10.0937 - Failure to pass an evaluation of fitness for duty for the classes of Police Officer Recruit, Police Officer 1, Deputy Sheriff Officer, Deputy Sheriff Officer Recruit or Correctional Officer.
10.0938 - Practice or attempt to practice any deception or fraud in his or her declarations to the appointing authority in securing employment.
10.094 - PROCESS FOR REMOVAL OF AN ELIGIBLE FROM AN ELIGIBLE LIST.
10.0941 - Notice to the eligible is not required for the removal of his or her name from the eligible list pursuant to Regulation 10.091.
10.0942 - Eligibles removed from an eligible list pursuant to Regulation 10.092 shall be notified of their removal within five (5) business days of the removal.
10.0943 - An appointing authority requesting that an eligible be removed from an eligible list pursuant to Regulation 10.093 must first provide the eligible notice of the intended request and also provide the eligible an opportunity to respond in writing. Such written notification to the eligible shall plainly and clearly state why the removal action will be requested and advise the eligible of her or his opportunity to contest this decision with the appointing authority. Eligibles will be afforded a minimum of two (2) business days to respond with information that they believe renders the appointing authority's decision erroneous and/or inappropriate.
Once the appointing authority has provided the eligible candidate with notice of the intended request to remove his or her name from the eligible list and an opportunity for the eligible to respond in writing, the appointing authority may submit the removal request to the Director of Human Resources. The removal request must include:
- documentation supporting the request for removal of the eligible's name;
- a copy of the written notification to the eligible of the appointing authority's intent to request the removal of her or his name from the eligible list; and
- a copy of the eligible's response to the appointing authority or a statement certifying that the eligible failed to respond to the appointing authority.
Upon receipt of this documentation, the Director of Human Resources will render a decision regarding the approval or denial of the appointing authority's request. The decision of the Director will be final.
10.10 - RESTORATION OF NAMES TO LISTS. An eligible candidate, whose name is removed from an eligible list in accordance with Regulation 10.092, as provided above, may make a written request to the Director for the restoration of his or her name to such list. Such request shall set forth therein the error he or she believes to have been made in applying the provisions of Section 10.092 of this Regulation and any evidence which might render the Regulation inapplicable or explain or excuse any dereliction on the part of the eligible. The name of the person shall be restored by the Director to its former place on said list only in case the Director determines that regulations were erroneously applied, the facts relied on were incomplete or not true, or that a clearly satisfactory excuse exists for the eligible's dereliction.
10.101 - REJECTED PROBATIONARY EMPLOYEE REJECTED OR VOLUNTARILY RESTORED TO FORMER POSITION. A probationary employee who is rejected during his or her probationary period or who is voluntarily restored to his or her former position in accordance with Regulation 15.043 may have his or her name restored to the eligible list from which he or she was appointed upon the recommendation of the appointing authority and approval of the Director.
10.102 - CANDIDATE REMOVED FROM A DEPARTMENTAL PROMOTIONAL ELIGIBLE LIST DUE TO SEPARATION FROM THE DEPARTMENT. A candidate whose name has been removed from a departmental promotional eligible list due to separation from the department may request to have his or her name restored to that departmental promotional eligible list if the employee returns to his or her former department. The request for restoration must be approved by the appointing authority and the Director. In accordance with Regulation 11.0231, such employee will not be eligible for certification from the departmental promotional eligible list for a period of ninety days after the employee has returned to his or her former department.
10.11 - CANDIDATE TEMPORARILY INELIGIBLE OR UNAVAILABLE FOR CERTIFICATION OR APPOINTMENT. During a specified period and/or for specified departments, the name of an eligible candidate shall be passed over to fill vacancies as though the name did not then appear on the list for any of the following reasons.
10.111 - CANDIDATE DECLARATION OF UNAVAILABILITY FOR APPOINTMENT. The eligible candidate files a written statement of un-availability with the Director stating that the eligible is unable to accept appointment. Such statement may be restricted to a limited period of time or for appointment to a department or departments as specified in the statement of unavailability.
During the life of the eligible list, any eligible filing such a restricted statement of unavailability may renew eligibility at any time during the period of time specified in the statement by filing with the Director a written withdrawal of such statement. Not more than two such restricted statements of unavailability will be honored for any individual eligible during the life of any eligible list.
10.112 - CANDIDATE INELIGIBLE UNTIL ALL REQUIREMENTS HAVE BEEN MET. An eligible candidate may be declared temporarily ineligible for appointment if the candidate:
- has not provided sufficient documentation of published required qualifications;
- does not yet possess the required qualifications, but has been approved for the examination on the basis of anticipated eligibility;
- has not yet passed a qualifying examination that will be administered after the eligible list has been established;
- does not pass a required evaluation of fitness for duty.
The candidate's name will remain on the eligible list, but the candidate will not be appointed to any position until the candidate submits adequate documentation that the candidate does possess the published required qualifications, or has successfully passed the qualifying examination or evaluation of fitness required for the position.
10.113 - CANDIDATE UNAVAILABLE FOR CERTIFICATION OR APPOINTMENT DUE TO ANY AND ALL DEBTS, TAXES, FEES, JUDGMENTS, CLAIMS, AND OTHER ACCOUNTS AND OBLIGATIONS DUE AND OWING TO THE CITY. An eligible candidate who has been conditionally selected and who does not pass the indebtedness check or enter into a payment agreement in accordance with Regulation 11.14 will be made involuntarily unavailable for appointment. Candidates made involuntarily unavailable shall be notified of their unavailability in writing by the Director. The candidate's name will remain on the eligible list, but availability for certification shall not be renewed until the candidate submits written notice and supporting documentation to the Director that the candidate has satisfied any and all debts or voluntarily entered into a payment agreement with the City to satisfy such debts.
END OF REGULATION 10.