§ 7-301.  Exemptions.
   All officers and employees of the City, including all officers and employees of all departments, all independent boards and commissions and all departmental boards and commissions, shall be under civil service except:
   (a)   All officers elected by the people and their deputies, and employees appointed by the members of the Council;
   (b)   The Managing Director, the Director of Finance and the Personnel Director and their deputies, the heads of departments and their deputies, and members of boards and commissions but the number of exempt deputies in any department other than the Law Department, shall not exceed two or, for any particular department, such higher number as the Administrative Board may authorize, provided that for any particular department, other than the Law Department, the total number of exempt deputies shall not exceed ten and no more than four shall reside outside the City at the time of appointment; 150
   (c)   Such secretaries and clerks as the Mayor may require and one secretary or clerk for each head of a department, the Director of Finance, the Managing Director, the Personnel Director, the City Representative and the City Treasurer, and one principal assistant or executive director for each board or commission;
   (d)   Persons employed by contract to perform special services for the City, where such contract is certified by the Civil Service Commission to be for employment which cannot be performed by persons in the civil service;
   (e)   Persons temporarily appointed or designated to make or conduct a special inquiry, investigation, or examination, or to perform a special service, where such appointment or designation is certified by the Civil Service Commission to be for employment which because of its expert or unique character could not or should not be performed by persons in the civil service;
   (f)   Persons who in times of public emergency may be appointed special employees for service not to exceed one month in duration.
ANNOTATION
   Sources:   Act of June 25, 1919, P.L. 581, Article XIX, Section 3; A Model State Civil Service Law, Section 7.
   Purposes:   1.   No officer or employee of the City is exempt from the civil service provisions of the Charter unless this section specifically exempts him. Thus, for example, employees of the Department of Collections, of the Free Library of Philadelphia, and of the Fairmount Park Commission are now under civil service although exempt under the Charter of 1919.
   Law Department Note (2009): Fairmount Park Commission was reconstituted by amendment approved November 4, 2008. See Footnote to Section 3-905.
      2.   The exemptions allowed take cognizance of political necessities of municipal government [e.g. subsections (a) and (b)]; supervisory offices necessary for effective municipal administration [e.g. subsection (b)]; the fostering and protecting of necessary personal and confidential relationships [e.g. subsection (c)]; the need for special or expert services by contract or on a temporary basis or employment in cases of public emergencies [e.g. subsections (d), (e) and (f)].
      3.   Exempted employment is carefully limited so that it shall not serve as an avenue for evading the civil service requirements of the Charter. Thus, there can only be two exempt deputies in each department but this limitation does not apply to the Law Department because of the nature of the professional services involved. Contract services and temporary appointments for special services can be availed of only after certification by the Civil Service Commission as to necessity in light of availability of civil service personnel. Emergency appointments may not exceed one month.

 

Notes

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   Amended by approval of the voters at the election held on April 22, 2008, and certified on May 19, 2008. See Bill No. 080008 (approved March 6, 2008); Resolution No. 080040 (adopted March 6, 2008).