HomeMy WebLinkAboutOrd 2691 - Reenact TMC Chapter 2.42 "Civil Service Commission" - Eliminate References to City Fire DepartmentWashington
Cover page to Ordinance 2691
The full text of the ordinance follows this cover page.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, REPEALING ORDINANCE
NO. 25 8; REENAC ii ING T1J`II WILA MUNICIPAL CODE
CHAPT R 2.42, "CIVIL SERVICE COMMISSION," TO
ELIMINATE REFERENCES TO A CITY FIRE
EPARTMENT; PROVIDING FOR SE'VERABILITY AND
ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2691 was amended or repealed by the
following ordinances.
AMENDED
Sections) Amended
A
vended by Ord #
4
2712
5
2697
REPEALED
Sections) Repeale
Repealed by Ord #
City of Tukwila
Washington
Cover page to Ordinance 2691
The full text of the ordinance follows this cover page.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, REPEALING ORDINANCE
NO. 2528; REENAC ii ING TUKWILA MUNICIPAL CODE
CHAPT R 2.42, "CIVIL SERVICE COMMISSION," TO
ELIMINATE REFERENCES TO A CITY FIRE
EPARTMENT; PROVIDING FOR SEVERABILITY AND
ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2691 was amended or repealed by the
following ordinances.
ion(s) Amended
vended by Ord #
5 2697
ion(s) Repealed Repealed by Ord
0
Washington
Ordinance No. 26q\
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, REPEALING ORDINANCE
NO. 2528; REENACTING TUKWILA MUNICIPAL CODE
CHAPTER 2.42, "CIVIL SERVICE COMMISSION," TO
ELIMINATE REFERENCES TO A CITY FIRE
DEPARTMENT; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 2528 reenacts Tukwila Municipal Code Chapter 2.42, "Civil
Service Commission," which currently pertains to both Police and Fire Department positions;
and
WHEREAS, the City of Tukwila has entered into an interlocal agreement with Puget
Sound Regional Fire Authority for the provision of fire and emergency medical services
effective January 1, 2023; and
WHEREAS, by contracting for services with the Puget Sound Regional Fire Authority
the City of Tukwila will no longer employ fire personnel; and
WHEREAS, as of the effective date of this ordinance, the Civil Service Commission
will pertain only to classified positions within the Police Department;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Repealer. Ordinance No. 2528 is hereby repealed in its entirety.
Section 2. TMC Chapter 2.42 Reenacted. Tukwila Municipal Code (TMC) Chapter
2,42 is hereby reenacted to read as follows:
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CHAPTER 2.42
CIVIL SERVICE COMMISSION
Sections:
2.42.010 Establishment of Commission — Purpose
2.42.020 Membership
2.42.030 Commission Organization — Duties
2.42.040 Meetings
2.42.050 Persons Included — Competitive Examination — Transfers,
Discharges and Reinstatements
2.42.060 Qualifications of Applicants
2.42.070 Power to Create Offices, Make Appointments and Fix Salaries
Not Infringed
2.42.080 Enforcement by Civil Action — Legal Counsel
2.42.090 Deceptive Practices, False Marks, Etc., Prohibited
2.42.100 Penalty — Jurisdiction
2.42.110 Applicability
Section 3. TMC Section 2.42.010 is hereby reenacted to read as follows:
2.42.010 Establishment of Commission — Purpose
Pursuant to the authority conferred by RCW41.12.030, the City of Tukwila Civil Service
Commission ("Commission") is hereby established.
Section 4. TMC Section 2.42.020 is hereby reenacted to read as follows:
2.42.020 Membership
A. Qualifications. Members must meet the following requirements:
1. Be a citizen of the United States;
2. Be a resident of the City of Tukwila for three years preceding the
appointment; and
3. Be registered to vote in King County.
B. Number of Members. The Commission shall be comprised of three members
that meet the requirements listed in TMC Section 2.42.020.A, "Qualifications."
C. Appointment Process. Community members that meet the requirements
listed in TMC Section 2.42.020.A shall submit a completed Boards and Commissions
Application to the Mayor's Office. The Mayor's Office will forward the application to the
Commission for review. The Mayor appoints applicants to the Civil Service Commission.
D. Term of Appointment. The term of appointment for the members of the Civil
Service Commission shall be six years provided, however, that in order for the fewest
terms to expire in any one year all current terms of existing appointed Commission
members shall expire on December 31 of the year set forth below for each respective
position number:
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Term for Position 1 shall expire December 31, 2027
Term for Position 2 shall expire December 31, 2023
Term for Position 3 shall expire December 31, 2025
After the expiration of the current terms for the existing Commission members listed
above, each term thereafter shall be for a period of six years.
E. Compensation. The members of the Commission shall serve without
compensation.
F. Resignations. If a Commission member is unable to complete their term of
service a letter of resignation should be sent to the Mayor indicating the effective date of
the resignation.
G. Vacancies. Any appointment to a position vacated other than by the expiration
of the term of the appointment shall be to fill only the unexpired portion of said term.
H. Revocation of Appointment. Any member of the Commission may be
removed from office for incompetence, 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 writing, due notice
and a full hearing held. [ROW 41.12.030]
Section 5. TMC Section 2.42.030 is hereby reenacted to read as follows:
2.42.030 Commission Organization — Duties
A. Election of Chair and Vice Chair. Members of the Commission shall meet
and organize by electing from the members of the Commission a Chair and a Vice -chair
to serve for one year. The Vice -chair shall promote to the Chair the following year and a
new Vice -Chair shall be elected by the members. It shall be the duty of the Chair to
preside at all meetings. The Vice -chair shall perform this duty in the absence of the Chair.
B. Duties of the Commission. The duties of the Civil Service Commission shall
include:
1. To make suitable rules and regulations that 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 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 available to the public.
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 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
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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. To keep such records as may be necessary for the proper administration of
this chapter.
12. Approval of payroll in accordance with RCW 41.12.120.
C. Appointment of Secretary and Chief Examiner. The Commission shall
appoint a person to hold the position of Secretary and Chief Examiner. The method of
appointment and duties of the Secretary and Chief Examiner shall be as prescribed in the
rules adopted by the Commission. 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.
Section 6. TMC Section 2.42.040 is hereby reenacted to read as follows:
2.42.040 Meetings
A. Frequency and Conduct. Commission meetings shall be held at least
monthly and shall be conducted in public session and noticed in accordance with the
Open Public Meetings Act (OPMA).
B. By -Laws. The Commission shall adopt bylaws to provide guidelines for the
conduct of business.
C. Quorum. Two members of the 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.
D. Staff Assistance. The City shall provide assigned staff to support the
Commission. The primary role of staff is to represent the City and facilitate communication
between the Commission, City Administration, the City Council and other City
departments. Staff responsibilities include:
1. Ensuring that meeting notifications and recordkeeping are consistent with
applicable state laws;
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2. Ensuring compliance with applicable laws, such as the Open Public
Meetings Act (OPMA) and Public Records Act (PRA);
3. Providing professional guidance, issue analysis and recommendations;
4. Assisting with research, report preparation and correspondence; and
5. Compiling agendas, maintaining minutes, forwarding recommendations
and/or implementing actions.
6. Duties of civil service Secretary and Chief Examiner as appointed per TMC
Section 2.42.030.C.
Section 7. TMC Section 2.42.050 is hereby reenacted to read as follows:
2.42.050 Persons Included — Competitive Examination — Transfers, Discharges and
Reinstatements
The provisions of this chapter shall include all full-time, fully paid employees of the
City's Police Department, with the exception of the chiefs thereof who, because of the
nature of their positions and pursuant to RCW 41.12.050, shall serve in the position as
other City department heads, and with the further exception of unclassified position
appointments as authorized by RCW 41.12.050(2)(b), that may only include selections
from the following positions up to the limit of the number of positions authorized: Assistant
chief, deputy chief, bureau commander, and administrative assistant or administrative
secretary pursuant to RCW 41.12.050(3). The position of civil service Secretary and
Chief Examiner shall not be a civil service position.
Section 8. TMC Section 2.42.060 is hereby reenacted to read as follows:
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.
Section 9. TMC Section 2.42.070 is hereby reenacted to read as follows:
2.42.070 Power to Create Offices, Make Appointments and Fix Salaries Not
Infringed
All offices, places, job descriptions, positions and employments and Police
Department classifications coming along 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
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arid authority of any such person or group of persons, or appointing authority, to fix the
salaries and compensation of all employees employed hereunder.
Section 10. TMC Section 2.42.080 is hereby reenacted to read as follows:
2.42.080 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 enforcement 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.
Section 11. TMC Section 2.42.090 is hereby reenacted to read as follows:
2.42.090 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 regulations 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 representation concerning the same, or concerning the person
examined, 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 persuade any other person, or permit
or aid in any manner any other person to personate him, in connection with any
examination or registration of application or request to be examined or registered.
Section 12. TMC Section 2.42.100 is hereby reenacted to read as follows:
2.42.100 Penalty — 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 $100 and by imprisonment in jail for not longer than 30 days, or by
both fine and imprisonment.
Section 13. TMC Section 2.42.110 is hereby reenacted to read as follows:
2.42.110 Applicability
The examination and eligibility provisions of this chapter and establishment of
positions covered by civil service by the provisions of this chapter shall be effective for all
appointments made after the effective date of this ordinance.
Section 14. Corrections by City Clerk or Code Reviser Authorized. Upon
approval of the City Attorney, the City Clerk and the code reviser are authorized to make
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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 15. 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 16. 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 January 1,
2023.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this 544"- day of Dcw,m6w- , 2022.
ATTEST/AUTHENTICATED:
(het,
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
. ec. C2W1X,
Ky
ucon75 —
Off ce of the City Attorney
r.
Aflan Ekberg, Mayor
Filed with the City Clerk:
- v2 -
Passed by the City Council: 1
Published: 1-1.--f? - 2:2 --
Effective Date: SeciPbvi.1
Ordinance Number: 2&11
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City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2690-2695.
On December 5, 2022 the City Council of the City of Tukwila, Washington, adopted the
following ordinance, the main points of which are summarized by title as follows:
Ordinance 2690: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 1317 REGARDING THE
OFFICE OF FIRE CHIEF THEREBY ELIMINATING TUKWILA MUNICIPAL CODE
CHAPTER 2.24, "FIRE CHIEF"; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2691: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2528; REENACTING
TUKWILA MUNICIPAL CODE CHAPTER 2.42, "CIVIL SERVICE COMMISSION," TO
ELIMINATE REFERENCES TO A CITY FIRE DEPARTMENT; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2692: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 167, 548, 572, 842 AND
1223; REENACTING TUKWILA MUNICIPAL CODE CHAPTER 2.48, "CITY FIRE
DEPARTMENT PENSION PARTICIPANTS," TO MAINTAIN STATE DEATH AND
DISABILITY PROVISIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
Ordinance 2693: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 1276; REENACTING
TUKWILA MUNICIPAL CODE 2.92 "HAZARDOUS MATERIALS INCIDENT COMMAND
AGENCY," TO UPDATE DESIGNATION; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2694: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2571 TO UPDATE THE
FIRE IMPACT FEE SCHEDULE, AS CODIFIED IN TUKWILA MUNICIPAL CODE
CHAPTER 16.26 AS FIGURE 16-1, "FEE SCHEDULE;" REPEALING ORDINANCE NO.
2643; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2695: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2572 TO UPDATE THE
PARKS IMPACT FEE SCHEDULE AS CODIFIED IN TUKWILA MUNICIPAL CODE
CHAPTER 16.28 AS FIGURE 16-1, "FEE SCHEDULE,"; REPEALING ORDINANCE NO.
2644; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
The full text of this ordinance will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: December 8, 2022