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HomeMy WebLinkAboutOrd 1316 - Civil Service Commission (Repealed by Ord 1877) CITY O F T WASHINGTON JEH :jry 04/02/84 ORDINANCENO. tQQ AN ORDINANCE OF THE CITY OF TUKWILA, WASHING 6�rjj) DoTON, ADDING A NEW CHAPTER 2.42 TO THE TUKWILA MUNICIPAL CODE ENTITLED "CIVIL SERVICE COM- MISSION"; ESTABLISHING A SYSTEM OF CIVIL SERVICE FOR POLICE OFFICERS AND FIREFIGHTERS EMPLOYED BY THE CITY OF TUKWILA: REPEALING pfR �es CHAPTERS 2.40 AND 2.44 OF THE TUKWILA MUNI- CIPAL CODE AND ESTABLISHING AN EFFECTIVE a 7.5/U DATE. WHEREAS, the City Council has determined the neces- sity of establishing a civil service system which substan- tially 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, the City Council desires to provide for the administration of such civil service system by a single civil service commission and to specify the role and function of such commission and to authorize it to adopt appropriate rules to effectuate this ordinance, and WHEREAS, the City Council deems it necessary to have the leadership of the fire and police departments of the City responsible to the Mayor in the same manner as other City department heads for better and more effective administration and to assure the accomplishment of mayoral and council poli- cies and directives, and to further define those persons who are covered by a system of civil service, and WHEREAS, the City Council, after considering the nature of temporary and /or provisional appointments, finds that there is a need to provide for a specified duration for such appointments under certain circumstances, and WHEREAS, the City Council, after giving due consid- eration to the nature of law enforcement and firefighting in the City, deems it desirable and necessary to provide for a one year probationary period for newly appointed police offi- cers and firefighters, now, therefore, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new Chapter 2.42 entitled "Civil Ser- vice Commission" is hereby added to the Tukwila Municipal Code to read as follows: Chapter 2.42 CIVIL SERVICE COMMISSION Sections: 2.42.010 Definitions. 2.42.020 Civil service commission created, appoint- ment, terms, removal and quorum. 2.42.030 Organization of commission Powers and duties Secretary. 2.42.040 Persons included Competitive examina- tions-- Transfers, discharges and reinstate- ments. 2.42.050 Existing personnel continued under civil service. 2.42.060 Qualifications of applicants. 2.42.070 Tenure of employment Grounds for dis- charge, reduction or deprivation of privi- leges. 2.42.080 Procedure for removal, suspension, demotion or discharge-- Investigation Hearing Appeal. 2.42.090 Filling of vacancies Probationary period. 2.42.100 Power to create offices, make appointments and fix salaries not infringed. 2.42.110 Enforcement by civil action -Legal counsel. 2.42.120 Deceptive practices, false marks, etc., prohibited. 2.42.130 Penalty Jurisdiction. 2.42.300 Severability. 2.42.310 Applicability. 2.42.010 Definitions. As used in this chapter, the words and terms set forth in this section shall be given the following definitions: (1) "Appointing authority or power" includes every person or group of persons who, act- ing singly or in conjunction, as a mayor, mayor's designee, council or otherwise, is or are invested with power and authority to select, appoint, or employ any person to hold any office, place, position or employ- ment subject to civil service. (2) "Appointment" includes all means of selec- tion, appointing or employing any person to -2- hold any office, place, position or employ- ment subject to civil service. (3) "Commission" means the civil service com- mission herein created, and "commissioner" means any one of the three commissioners appointed to that commission. 2.42.020 Civil service commission created, appoint- ment, terms, removal and quorum. There is created in the city a civil service commission which shall be composed of three persons. The members of such commission shall be ap- pointed by the mayor; provided, that the members of the civil service commission constituted pursuant to the Tukwila Muni- cipal Code chapters repealed by Section 2 of this ordinance shall be the initial commissioners of the newly created civil service commission and shall continue in office until the term of their current appointment expires. Confirmation of the appointment or appointments of commissioners by any legislative body shall be required. The members of such commission shall serve without compensation. No person shall be appointed a member of such commission who is not a citizen of the United States, a resident of such city for at least three years immediately preceding such appointment, and an elector of the county wherein he resides. Except for the initial commission, the term of office of such commissioners shall be six years. Any member of such commission may be removed from office for incompetency, incompatibility or dereliction of duty, or malfeasance in office, or other good cause; provided, however, that no member of the commission shall be removed until charges have been preferred, in writ- ing, due notice and a full hearing held. The members of such commission shall devote due time and attention to the perfor- mance of the duties hereinafter specified and imposed upon them by this chapter. Two members of such commission shall constitute a quorum and the votes of any two members of such commission concurring shall be sufficient for the decision of all matters and the transaction of all business to be decided or transacted by the commission under or by virture of the provisions of this chapter. 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 incon- sistent 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, sus- pensions and discharges shall be made. 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; -3- (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. 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; in- spect all institutions, departments, of- fices, 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 desig- nated 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 stat- ing that irregularities or abuses exist, or setting forth in concise language, in writ- ing, 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 wit- nesses 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 pro- cedure to be adopted by the commission, and in the conduct thereof neither the commis- sion, nor designated commissioner shall be -4- bound by the technical rules of evidence, No informality in any proceedings or hear- ing, or in the manner of taking testimony before the commission or designated commis- sioner, shall invalidate any order, decis- ion, rule or regulation made, approved or confirmed by the commission; provided, however, that no order, decision, rule or regulation made by any designated commis- sioner conducting any hearing or investi- gation alone shall be of any force or ef- fect whatsoever unless and until concurred in by at least one of the other two mem- bers; (7) To hear and determine appeals or complaints respecting the administrative work of the 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 subsection (1) of this section; (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 qualifi- cations 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 expend- itures, 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 name 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 -5- 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. 2.42.040 Persons included Competitive examina- tions-- Transfers, discharges and reinstatements. The pro- visions of this chapter shall include all full -time, fully commissioned officers of the city's police and /or fire de- partments except for the positions of chief of the fire department and police chief, who because of the nature of their positions shall serve in their positions as other city department heads and assistants. All clerical, dispatchers, fire inspectors, mechanics and other employees of either the police department or fire department who are not fully paid commissioned police officers or firefighters are excluded from coverage under this chapter. The position of civil service secretary and chief examiner shall not be a civil service position. All appointments to and promotions covered by this chapter shall be made solely on merit, efficiency and fitness, which shall be ascertained by open competitive exam- ination and impartial investigation. No person shall be reinstated in or transferred, suspended or discharged from any such place, position, or employment contrary to the pro- visions of this chapter. 2.42.050 Existina personnel continued under civil service. For the benefit of the public service and to pre- vent delay, injury or interruption therein by reason of the enactment of this chapter, all persons having completed pro- bation in the police or fire department are hereby declared permanently appointed under civil service to the offices, places, positions or employments which they shall then hold respectively, and not on probation; and every such person is hereby automatically adopted and inducted permanently into civil service, into such office, place, position or employment which such person then holds even though that office, place, position or employment is not subject to the civil service requirements of this chapter. 2.42.060 Qualifications of applicants. An applicant for a position of any kind under civil service must be a citizen of the United States of America who can read and write the English language. An applicant for a position of any kind under civil service must be of an age suitable for the position applied for, in ordinary good health, of good moral character and of temperate and industrious habits; these facts to be ascertained in such manner as the commission may deem advisable. 2.42.070 Tenure of emplovment-- Grounds for dis- charge, reduction or deprivation of privileges. The tenure of everyone holding an office, place, position or employment -6- under the provisions of this chapter shall be only during good behavior and any such person may be removed or dis- charged, suspended without pay, demoted, or reduced in rank, or deprived of vacation privileges or other special privi- leges for any of the following reasons: (1) Incompetency, inefficiency or inattention to or dereliction of duty; (2) Dishonesty, intemperance, immoral conduct, insubordination, discourteous treatment of the public, or a fellow employee or any other act of omission or commission tending to injure the public service; or any other willful failure on the part of the employee to properly conduct himself; or any willful violation of the provisions of this chapter or the rules and regulations to be adopted hereunder; (3) Mental or physical unfitness for the posi- tion which the employee holds; (4) Dishonest, disgraceful, immoral or prejudi- cial conduct; (5) Drunkenness or use of intoxicating liquors, narcotics or any other habit forming drug, liquid or preparation to such extent that the use thereof interferes with the effi- ciency or mental or physical fitness of the employee, or which precludes the employee from properly performing the function and duties of any position under civil service; (6) Conviction of a felony, or a misdemeanor, involving moral turpitude; (7) Any other act or failure to act which in the judgment of the civil service commis- sioners is sufficient to show the offender to be an unsuitable and unfit person to be employed in the public service. 2.42.080 Procedure for removal, suspension, demotion or discharge Investigation Hearing Appeal. No person in the classified civil service who shall have been permanently appointed or inducted into civil service under provisions of this chapter shall be removed, suspended, demoted or dis- charged except for cause, and only upon written accusation of the appointing authority or any citizen or taxpayer; a writ- ten statement of which accusation, in general terms, shall be served upon the accused, and a duplicate filed with the com- mission. Any person so removed, suspended, demoted or dis- charged may, within ten days from the date of his removal, suspension, demotion or discharge, file with the commission a written demand for an investigation whereupon the commission shall conduct such investigation. The investigation shall be confined to the determination of the question of whether such removal, suspension, demotion or discharge was or was not made for political or religious reasons, and was or was not made in good faith for cause. After such investigation, the commission may affirm the removal, suspension, demotion or discharge or if it shall find that the removal, suspension, demotion or discharge was made for political or religious -7- reasons, or was not made in good faith for cause, shall order the immediate reinstatement or reemployment of such person in the office, place, position or employment from which such person was removed, suspended, demoted or discharged; which reinstatement shall, if the commission so provides in its discretion, be retroactive, and entitle such person to pay or compensation from the time of such removal, suspension, demotion or discharge. The commission, upon such investigation in lieu of affirming the removal, suspension, demotion or discharge, may order that such action that it deems appropriate be taken in lieu of removal, suspension, demotion or discharge. The findings of the commission shall be certified in writing to the appointing power, and shall be forthwith enforced by such officer. All investigations made by the commission pursuant to the provisions of this section shall be had by public hear- ing, after reasonable notice to the accused of the time and place of such hearing, at which hearing the accused shall be afforded an opportunity of appearing in person and by coun- sel, and presenting his /her defense. The accused may appeal from the commission's judgment or order to the court of original and unlimited jurisdiction in civil suits of the county wherein he /she resides. Such appeal shall be taken by serving the commission, within thirty days after the entry of the commission's judgment or order, a written notice of appeal, stating the grounds thereof, and demanding that a certified transcript of the record and all papers on file in the office of the commission affecting or relating to such judgment or order, be filed by the commission with such court. The commission shall, within ten days after the filing of such notice, make, certify and file such transcript with such court. The court of original and unlimited jurisdiction in civil suits shall thereupon proceed to hear and determine such appeal in a summary manner; provided, however, that such hearing shall be confined to the determination of whether the judgment or order made by the commission was or was not made in good faith for cause, and no appeal to such court shall be taken except upon such ground or grounds. 2.42.090 Filling of vacancies Probationary period. Whenever a position in the classified service becomes vacant, the appointing authority, if it desires to fill the vacancy, shall make requisition upon the commission for the names and addresses of the persons eligible for appointment thereto. The commission shall certify the names of the three persons highest on the eligible list for the class to which the va- cant position has been allocated, who are willing to accept employment. If there is no eligible list for the class, the commission shall either establish such a list as provided in this chapter or otherwise determine what list shall be deemed appropriate for such class. The commission shall then certify the names of the three persons standing highest on the list. If more than one vacancy is to be filled, an addi- tional name shall be certified for each additional vacancy. The appointing authority shall, after review of the persons so certified, appoint one person to each such vacant posi- tion. If any person certified by the commission is removed from the list or otherwise requests to not be considered for appointment, the commission shall forthwith certify the next highest person on the list to replace those removed. The commission, in their rules, shall establish a procedure for removal of names from the eligibility list either prior to or subsequent to certification to the appointing authority. -8- Whenever requisition is to be made, or whenever a position is held by a temporary appointee and an eligible list for the class of such position containing the names of at least three eligibles exists, the commission shall forthwith certify the names of the top three persons eligible for appointment to the appointing power, and the appointing power shall appoint one person so certified, provided they are found to in fact be qualified, to the position. If there is an eligible list for the class which contains the names of less than three eligibles, the appointing authority may, upon being notified of such fact, elect to fill the vacancy by temporary appointment until the eligible list contains the names of at least three eligibles. The Civil Service commission may provide in its rules for expiration of an eligible list when the number of names on such list has been reduced to less than three, or may provide for a method of supplementing the list with additional eligibles who have been tested in the same manner as those on the list. To enable the appointing authority to exercise a choice in the filling of positions, no appointment, employ- ment or promotion in any position in the classified service shall be deemed complete until after the expiration of a period of one year probationary service, as shall be provided in the rules of the civil service commission during which the appointing power may terminate the employment of the person certified to him /her, if during the performance test thus afforded, upon observation or consideration of the perfor- mance of duty, the appointing authority deems him /her unfit or unsatisfactory for service in the department, whereupon the appointing authority shall designate one of the persons certified as standing within the next three persons highest on any such list. Such persons shall likewise enter upon the duties until some person is found who is deemed fit for ap- pointment, employment or promotion for the probationary per- iod provided therefor, whereupon the appointment, employment or promotion shall be deemed to be complete. The commission shall provide a procedure in their rules for extending proba- tions for up to an additional six months if requested by the appointing authority. 2.42.100 Power to create offices, make appointments and fix salaries not infringed. All offices, places, classi- fications, job descriptions, positions and employments coming within the purview of this chapter shall be created by the mayor and city council or mayor alone or whomever otherwise is vested with power and authority to select, appoint, or employ any person coming within the purview of this chapter, and nothing contained in this section shall infringe upon the power and authority of any such person or group of persons, or appointing authority, to fix the salaries and compensation of all employees employed hereunder. 2.42.110 Enforcement by civil action -Legal counsel. It shall be the duty of the commission to begin and conduct all civil suits which may be necessary for the proper en- forcement of this chapter and of the rules of the commission. The commission shall be represented in such suits by the chief legal officer of the city, or his /her designee, but the commission may in any case be represented by special counsel appointed by it. -9- 2.42.120 Deceptive practices, false marks, etc., prohibited. No commissioner or any other person, shall, by himself or in cooperation with one or more persons, defeat, deceive, or obstruct any person in respect of his right of examination or registration according to the rules and regu- lations of this chapter, or falsely mark, grade, estimate or report upon the examination or proper standing of any person examined, registered or certified pursuant to the provisions of this chapter, or aid in so doing, or make any false repre- sentation concerning the same, or concerning the person exam- ined, or furnish any person any special or secret information for the purpose of improving or injuring the prospects or chances of any person so examined, registered or certified, or to be examined, registered or certified or pursuade any other person, or permit or aid in any manner any other person to personate him, in connection with any examination or reg- istration of application or request to be examined or registered. 2.42.130 Penaltv Jurisdiction. Any person who shall willfully violate any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than one hundred dollars and by imprisonment in jail for not longer than thirty days, or by both such fine and imprisonment. 2.42.300 Severability. If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invaliditiy or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter. 2.42.310 Applicability. The examination and eligi- bility provisions of this chapter and establishment of posi- tions covered by civil service by the provisions of this chapter shall be effective for all appointments made after the effective date of the ordinance codified in this chapter. Section 2. Chapters 2.40 and 2.44 of the Tukwila Municipal Code, Ordinance 345, passed by the City Council on December 4, 1961, Ordinance 365, passed by the City Council on October 1, 1962, Ordinance 437, passed by the City Council on September 20, 1965, and Ordinance 574, passed by the City Council on August 4, 1969, are hereby repealed. Section 3. This ordinance shall be in full force and effect five (5) days after passage and publication as pro- vided by law. APPROV MA OR,' GARY L. VAN DUSEN -10- ATTEST /AUTHENTICATED: --7/7,-;,/,,,;, CITY.ZLERK, MAXINE ANDERSON APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY 4.tuALA-au-c)-- FILED WITH THE CITY CLERK: 3/12/84 PASSED BY THE CITY COUNCIL: 4/16/84 PUBLISHED: 4/20/84 EFFECTIVE DATE: 4/26/84 ORDINANCE NO. 1316 -11-