HomeMy WebLinkAboutFS 2013-10-22 Item 2A - Ordinance - Civil Service CommissionTO:
FROM:
BY:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
The Finance & Safety Committee
Stephanie Brown, Human Resources Director
Kim Gilman, Civil Service Examiner
On behalf of the Civil Service Commission
DATE: October 15, 2013
SUBJECT: Amend Ordinance #1877
ISSUE
Chapter 2.42.030 (A.3) of the Tukwila Municipal Code needs to be revised to reflect the current
provisions of RCW 41.04.010.which governs the use of Veteran's Points in hiring and
promotional processes. Therefore an amendment to Ordinance #1877 is needed.
BACKGROUND
Ordinance #1877 was passed by the City Council in 1999 to reflect the City's move to a Rule of
3 in terms of hiring and promotional decisions. There have been no amendments to this
ordinance since that time.
DISCUSSION
One of these revisions was necessary due to changes in RCW 41.04.010 defining how
Veteran's Points are used. Candidates eligible for Veteran's Points can claim either a 10% or
5% credit added to their final score. The choice of 10% or 5% is based on their retirement
status. Eligible candidates may also utilize Veteran's Points up to their first promotion. The
recently revised Civil Service Rules omits the outdated application of Veteran's Points and
includes a reference to RCW 41.04.010 in its place. Ordinance #1877 needs to be amended to
align with the revised Rules. One other minor housekeeping edit was made to the Ordinance to
change "Personnel Department" to the "Human Resources Department ".
FINANCIAL IMPACT
There is no financial impact to this change.
RECOMMENDATION
The Council is being asked to approve the ordinance and consider this item at the October 28,
2013 Committee of the Whole meeting and subsequent November 4, 2013 Regular Meeting.
ATTACHMENTS
Ordinance in draft form
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DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1877
§1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE
SECTION 2.42.030, "ORGANIZATION OF COMMISSION —
POWERS AND DUTIES— SECRETARY," TO REFLECT THE
CURRENT PROVISIONS OF RCW 41.04.010, WHICH
GOVERNS THE USE OF VETERAN'S POINTS IN HIRING AND
PROMOTIONAL PROCESSES; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council previously established a civil service system which
substantially accomplishes the purposes of RCW Chapters 41.08 and 41.12, while at
the same time meeting the particular needs of the City of Tukwila; and
WHEREAS, in order to be compliant with recent revisions to RCW 41.04.010, an
amendment is needed regarding the application of Veteran's Points;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Section 2.42.030 Amended. Ordinance No. 1877 §1 (part), as
codified at Tukwila Municipal Code (TMC) Section 2.42.030, "Organization of
Commission — Powers and duties — Secretary," is hereby amended to read as follows:
2.42.030 Organization of commission — Powers and duties — Secretary
A. Immediately after appointment, the Commission shall organize by electing one
of its members chairperson and shall hold regular meetings at least once a month, and
such additional meetings as may be required for the proper discharge of its duties. It
shall be the duty of the Civil Service Commission:
1. To make suitable rules and regulations to implement this chapter which are
not inconsistent with the provisions thereof. Such rules and regulations shall provide in
detail the manner in which examinations may be held, and appointments, promotions,
transfers, reinstatements, demotions, suspensions and discharges shall be made. The
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rules and regulations shall also provide for the classification of all positions within the
Police Department according to the duties, responsibilities and qualifications of each
and shall further provide the manner in which such classification shall be accomplished.
The rules and regulations and any amendments thereof shall be printed, mimeographed
or multigraphed for free public distribution. Such rules and regulations may be changed
from time to time.
2. All tests shall be practical and shall consist only of subjects which will fairly
determine the capacity of persons examined to perform duties of the position to which
appointment is to be made, and may include tests of physical fitness and /or manual
skill.
3. The rules and regulations adopted by the Commission shall provide for a
credit of ten percent in favor of all applicants for appointment under civil service, who, in
time of war, or in any expedition of the Armed Forces of the United States, have served
in and been honorably discharged from the Armed Forces of the United States,
including the Army, Navy and Marine Corps and the American Red Cross, in
compliance with RCW 41.04.010. These credits apply to entrance examinations only.
4. The Commission shall make investigations concerning and report upon all
matters touching the enforcement and effect of the provisions of this chapter, and the
rules and regulations prescribed hereunder; inspect all institutions, departments, offices,
places, positions and employments affected by this chapter, and ascertain whether this
chapter and all such rules and regulations are being obeyed.
5. Such investigations may be made by the Commission or by any
commissioner designated by the Commission for that purpose. Not only must these
investigations be made by the Commission as aforesaid, but the Commission must
make like investigation on petition of a citizen, duly verified stating that irregularities or
abuses exist, or setting forth in concise language, in writing, the necessity for such
investigation. In the course of such investigation, the Commission or designated
commissioner, or Chief Examiner, shall have the power to administer oaths, subpoena
and require the attendance of witnesses and the production by them of books, papers,
documents and accounts appertaining to the investigation and also to cause the
deposition of witnesses residing within or without the state to be taken in the manner
prescribed by law for like depositions in civil actions in the superior court; and the failure
upon the part of any person so subpoenaed to comply with the provisions of this section
shall be deemed a violation of this chapter and punishable as such.
6. All hearings and investigations before the Commission, or designated
commissioner, or Chief Examiner, shall be governed by this chapter and by rules of
practice and procedure to be adopted by the Commission, and in the conduct thereof
neither the Commission, nor designated commissioner, shall be bound by the technical
rules of evidence. No informality in any proceedings or hearing, or in the manner of
taking testimony before the Commission or designated commissioner, shall invalidate
any order, decision, rule or regulation made, approved or confirmed by the Commission;
provided, however, that no order, decision, rule or regulation made by any designated
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commissioner conducting any hearing or investigation alone shall be of any force or
effect whatsoever unless and until concurred in by at least one of the other two
members.
7. To hear and determine appeals or complaints respecting the administrative
work of the Human Resources Personnel Department related to the Commission's
duties, the rejection of any examination and such other matters as may be referred to
the Commission pursuant to the duties outlined in _ _ - _ _ TMC sSection
2.42.030.A.1.
8. Establish and maintain in card or other suitable form a roster of employees
covered by civil service.
9. Provide for, formulate and hold competitive tests to determine the relative
qualifications of persons who seek employment in any class or position and, as a result
thereof, establish eligible lists for the various classes of positions as established by the
City; and to provide that employees laid off because of curtailment of expenditures,
reduction in force, and for like cause, head the list in the order of their seniority, to the
end that they shall be the first to be reemployed.
10. When a vacant position is to be filled, to certify to the appointing authority,
on written request, the names of the three persons highest on the eligible list for the
class. The Commission shall make provision in its rules for provisional or temporary
appointments to be utilized when there is no such eligible list applicable to the vacant
position, or which may be utilized at the discretion of the appointing authority when
there are less than three names on the eligibility list applicable to the vacant position.
Such temporary or provisional appointment shall not exceed a period of six months in
duration but may be extended for up to an additional six months if for any reason it
cannot be determined at the expiration of the initial appointment that the position being
filled by temporary or provisional appointment will in fact continue to be vacant, such as
in the instance of a position vacant due to an officer on disability leave under the LEOFF
Act, or for other good cause which in the discretion of the Commission warrants an
additional extension of such a provisional or temporary appointment.
11. Keep such records as may be necessary for the proper administration of
this chapter.
B. The Commission shall appoint a person to hold the position of Secretary and
Chief Examiner. The duties of the Secretary and Chief Examiner shall be to keep the
records of the Commission, preserve all reports made to it, superintend and keep a
record of all examinations held under its direction, and perform such other duties as the
Commission may prescribe.
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Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2013.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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