Frequently Asked Questions

Inquiries related to the civil service appeal process, or a specific appeal can be emailed to the Legal Services Office at ra-cs-legalsvcsQandA@pa.gov or call 717-783-2924. It is recommended inquiries be sent by email.

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The Commission’s office hours are 8:00 a.m. to 4:30 p.m. Monday through Friday. If you need to deliver hearing/appeal related documents, please contact the Legal Services Office at 717-783-2924 or ra-cs-legalsvcsQandA@pa.gov in advance to coordinate arrangements.

Yes. Commission meetings are open to the public and are typically held each month at Commission headquarters in Harrisburg. The Monthly Public Meeting schedule is published on the website. If you are interested in attending a meeting virtually or in-person, please visit the Commission’s website for additional information at www.scsc.pa.gov or contact the Executive Office at 717-783-8806.

For information about filing a request for records under the Right-to-Know Law, click here. To view the Commission’s policy for Right-to-Know requests, click here.

You will need to complete and submit an Appeal Request Form. A copy of this form and the “Appeals Information Booklet” is found on the Commission’s website at www.scsc.pa.gov. The Appeal Request Form must be signed and dated by you and must be filled out carefully and completely. If not, the appeal may be delayed or denied.

Rules of the Commission provide you may represent yourself (pro se) at an appeal hearing. You are NOT required to hire an attorney, but it may be advantageous to do so. However, you cannot be represented by a non-legal person, such as a friend or spouse, or union representative. If you elect to do so, you are responsible for securing your own attorney. Many County Associations have a lawyer referral service. The lawyer referral service can assist you in identifying an appropriate attorney, but you are entirely responsible for negotiating and paying attorney fees.

No. The Award of Fees and Expenses for Administrative Agency Actions (Cost Act), 71 P.S. 2031 et seq., expired on July 1, 2007, and has not been reenacted or amended by the Pennsylvania General Assembly. The Commonwealth Court of Pennsylvania has held that there is no other statutory authority authorizing the Commission to award fees.

Yes. You can withdraw your appeal at any time prior to a final decision by the Commission. However, if you withdraw your appeal, that will be a final decision and, barring extraordinary circumstances, you cannot resubmit that appeal.

Appeals must be postmarked or received by the Commission not more than twenty (20) calendar days after the employee or job seeker receives notice of the challenged action(s) or became aware of alleged discrimination.

The Commission meets monthly to review all new appeals. Commission decisions on new appeals are communicated via an order or public hearing notice that is mailed to the parties after the meeting is concluded. To view the monthly Public Meeting Schedule, click here.

If you are a regular status civil service employee and have submitted an Appeal Request Form for removal, suspension, demotion, or forced resignation not more than twenty (20) calendar days of receipt of notice, the Commission will grant your request for a hearing. If you are a regular status civil service employee and allege a sufficient claim of discrimination for these appealable action(s), a hearing will also be granted on that basis. All other challenged actions require a sufficient claim of discrimination to be granted a hearing. For additional information, see the Appeals Information Booklet, click here or see Question 17.

A probationary status employee or job seeker does not have the same right of appeal as a regular status civil service employee. To be granted an appeal hearing, a probationary status employee or job seeker must allege that the challenged action(s) was motivated by discrimination. It is not sufficient just to claim you are a victim of discrimination. The probationary status employee or job seeker must allege specific facts which would support a conclusion that discrimination did occur. These specific facts should include: 1) the acts complained of; 2) how the treatment differs from treatment of others similarly situated, if applicable; 3) when the acts occurred; and 4) when and how the person appealing first became aware of the alleged discrimination. If the probationary status employee or job seeker fails to allege specific facts that support the discrimination claim, then the request for an appeal hearing will be denied by the Commission due to an insufficient allegation of discrimination.

Yes. The Court and Administrative Proceeding Interpreter Certification Law (Act 172) requires the presiding officer at a hearing before the Commission appoint an interpreter upon request or on his/her own motion for persons with limited English proficiency or who are deaf or hard of hearing. The cost of providing the interpreter will be paid by the Commission. For additional information, please see the Appeals Information Booklet, click here.

A continuance request will only be granted in extraordinary circumstances. The request must specify facts supporting the request, state the opposing party’s position on the request, and include at least 3 dates for rescheduling the hearing. A request for continuance should be submitted as soon as possible.

There are two types of subpoena requests: a witness subpoena and a document subpoena. For additional information, please see the Appeals Information Booklet, click here.

Yes. An appeal can be submitted to the Commission for reconsideration not more than fifteen (15) calendar days after the issued date of the Commission’s decision. It can also be appealed to the Commonwealth Court of Pennsylvania not more than thirty (30) calendar days after the issued date of the Commission’s decision.

A Request for Reconsideration must be in writing and must state precisely what is objected to in the Commission’s decision. For additional information, see the Rules of the Civil Service Commission, click here.

You may contact the Legal Services Office to arrange a visit to the Commission’s Harrisburg office to review a copy of a transcript. However, the Commission cannot provide you with a personal copy; you must review it at our office. A transcript may be purchased from the court reporting service (The Sargent’s Group, 210 Main Street, Johnstown, PA 15901 or call 800-727-4349.)

If you are a regular status civil service employee who has been furloughed, the agency that furloughed you will have the burden of proof at the hearing. This means the agency will be required to prove your furlough is justified due to either a lack of work or lack of funds. The agency will also be required to prove to the Commission it followed all procedures required to properly implement a civil service furlough. As a regular status civil service employee, you will have no burden of proof at the hearing. You will, however, be expected to respond to the agency’s evidence if you dispute its accuracy. You may respond by presenting either documents or testimony of your own.

If you are a probationary status civil service employee who has been furloughed, it will be your responsibility to provide the Commission with evidence proving your discrimination claim. After you have presented your evidence, the agency that furloughed you will have an opportunity to explain why your furlough is justified either due to a lack of work or lack of funds. The Commission will then decide whether it believes you were discriminated against or you were properly furloughed.
 

After a hearing is complete, a transcript will be prepared and submitted to the Commission. Both parties at the hearing may also have an opportunity to present written statements (Briefs) which will be due within a period of time established by the Commission.  If there are no Briefs, or after the last Brief is received, the record is closed. Following the closing of the record, the Commission generally has ninety (90) calendar days to review the full record and issue a decision. A copy of the Commission’s decision will be mailed to the parties and the attorneys involved in the hearing.  A copy of the decision will also be posted on the Commission’s website at www.scsc.pa.gov.

If you are in a bargaining unit position, you may be able to file a grievance to challenge your furlough. You will need to contact your union representative to discuss the specific requirements for filing a grievance. Generally, most contracts prohibit an employee from pursuing both a union grievance and a civil service appeal challenging the same disputed action(s). Therefore, you should carefully consider and discuss with your union representative which option is right for you before filing a civil service appeal.

The Commission will order you to be reinstated to the position you had with the agency with backpay, benefits and restored seniority for the time you were furloughed.

Every decision made by the Commission can be appealed to the Commonwealth Court of Pennsylvania. That appeal must be filed not more than thirty (30) calendar days after the date the Commission decision is issued to you. In addition, you may also request the Commission reconsider its decision. You must submit a reconsideration request not more than fifteen (15) calendar days after the date decision is issued to you.

The Commission will not review this issue. Act 71 of 2018 (Civil Service Reform) and Rules of the Commission make no mention whatsoever of "bumping." Such rights, if any exist, are exclusively a product of collective bargaining and are only provided for in union contracts. If the primary basis for your appeal involves an issue arising from an alleged error in how "bumping" was used in your furlough, you should file a union grievance appeal, not a civil service appeal.