Civil Service Commission

The Civil Service Commission is the body that protects the merit principle in Philadelphia city employment. Created by the Home Rule Charter of 1951 as part of the reform movement that sought to end patronage hiring, it hears appeals from city workers, reviews the rules that govern hiring and promotion, and rules on exceptions. It advises the mayor and the Director of Human Resources on personnel administration.^[1]

1 Purpose and history

Before the 1951 Charter, city jobs were commonly handed out through party organizations. The Charter established a merit system under which most positions are filled by examination and cannot be removed arbitrarily, and it put the personnel director under the supervision of the Commission. The Commission's role is therefore as an independent check on the executive branch's personnel decisions (see Philadelphia Political History).

2 Functions

According to the city, the Commission has three principal roles. First, it serves as an appellate tribunal for employee appeals, conducting fact-finding public hearings. Second, it rules on proposed changes to the Civil Service Regulations and the Classification and Pay Plans, which set job titles, qualifications and salary structures. Third, it rules on requests for exemptions from civil service and for waivers of the city residency requirement.^[2] The daily administration of the system, including testing, certification of eligible lists and classification, is handled by the Office of Human Resources.

3 Appeals process

A city employee who believes wrongful action has been taken against them at work, such as a discipline, demotion or dismissal, may file an appeal with the Commission, which acts as a quasi-judicial body. It issues formal written decisions with factual and legal conclusions. Hearings are generally public. Employees covered by a union contract may instead use the contract's grievance and arbitration procedures; which route applies depends on the position, the contract and the type of action (see AFSCME District Council 33 and Public Sector Bargaining in Pennsylvania). Commission decisions can be challenged in court. Deadlines for filing are strict, so employees should check the Commission's regulations or consult their union or an attorney.

4 Relationship to unions and HR

The Commission is separate from both the administration and the unions. Its commissioners are appointed by the mayor, but from names recommended by a Civil Service Commission Nominating Panel, which is meant to insulate selection from direct political choice. The HR director, whom the Charter describes as reporting to the Commission, enforces its regulations, while pay and benefits for most workers are negotiated through collective bargaining. Police and fire have their own disciplinary processes (see The FOP Contract and Police Discipline).

5 Controversies and debates

Debates about civil service in Philadelphia tend to concern the speed of hiring, the residency requirement and the number of exempt positions. Mayors and some business groups argue that the process is slow and rigid, while labor and good-government advocates say it protects against patronage and arbitrary discipline. Residency waivers have been a recurring issue, and they are among the matters the Commission decides. These debates are policy disagreements and not findings of wrongdoing.

See also: Mayor's Cabinet and Offices, Philadelphia Row Offices, Organized Labor in Philadelphia.

References

1. City of Philadelphia, Civil Service Commission (phila.gov/departments/civil-service-commission); Philadelphia Home Rule Charter.
2. City of Philadelphia, Office of Human Resources, "Civil Service Commission" (phila.gov/personnel/civilservice.html).
3. Office of the Chief Integrity Officer, "Significant boards and commissions" (phila.gov).