HomeMy WebLinkAboutCivil Service Commission Rules and Regulations (December 2022)TUKWILA CIVIL SERVICE COMMISSION
Rules and Regulations
Original Rules Adopted by Civil Service Commission 5/12/86
(Updated 12/15/22)
TUKWILA CIVIL SERVICE COMMISSION
Rules and Regulations
Table of Contents
Rule I. Definition of Terms 4
Rule II. The Civil Service Commission 7
Section 1. Organization 7
Section 2. Power and Duties 7
Rule III. The Secretary and Chief Examiner 8
Section 1. Selection 8
Section 2. Duties 8
Rule IV. Hearings and Investigations 8
Section 1 8
Section 2 8
Rule V. Classification 8
Section 1. Classification Generally 8
Section 2. Police Classification Plan 9
Section 3. Administration of Position Classification 9
Section 4. Classification of Position. 9
Section 5. Effect of Classification Changes on Incumbent. 10
Rule VI. Compensation Plan 10
Section 1 10
Rule VII. Applications 10
Section 1. Announcements of Vacancy 10
Section 2. Rejection of Applicants 10
Rule VIII. Examinations 11
Section 1. Conduct May Be Delegated 11
Section 2. Qualifying Grade 11
Section 3. Identity of Examinees 11
Section 4. Rating and Preparation of Lists 11
Section 5. Notification of Results 11
Section 6. Promotional and Lateral Entry Examinations 11
Rule IX. Eligible Lists 11
Section 1. Order of Names on Lists 11
Section 2. Effective Life of Lists 12
Section 3. Removal of Names from Lists 12
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Section 4. Notice of Address Change 13
Section 5. Revocation of Lists 13
Rule X. Appointment 13
Section 1. Procedure 13
Section 2. Failure to Respond 13
Section 3. Dropping a Name from List 13
Section 4. Emergency Appointment 13
Section 5. Provisional Appointment 14
Section 6. Temporary Appointment 14
Rule XI. Probationary Period 14
Section 1. Length of Period 14
Section 2. Rejection of Probationer 14
Section 3. Termination of Probationary Status 15
Section 4. Rejection After Promotion 15
Rule XII. Transfers, Layoffs, and Reductions 15
Section 1. Transfers 15
Section 2. Layoffs 15
Section 3. Reduction 15
Rule XIII. Suspensions, Demotions, and Discharge 16
Section 1. Suspensions 16
Section 2. Demotion and Discharge 16
Section 3. Cause for Discharge or Demotion 16
Rule XIV. Leaves and Resignations 17
Section 1. Leaves of Absence without Pay 17
Section 2. Resignation 17
Section 3. Reinstatement 18
Rule XV. Records and Reports 18
Section 1. Examination Records 18
Section 2. Access to Public Records 18
Section 3. Destruction of Records 18
Section 4. Reporting 18
Section 5. Annual Report 18
Rule XVI. Complaints 18
Section 1. Procedure 18
Section 2. Time Limit 19
Rule XVII. Amendments 19
Section 1. Procedure 19
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TUKWILA CIVIL SERVICE COMMISSION
Rule I. Definition of Terms
Section 1. Actual Service. Time in which a given employee has been engaged as a full-
time employee in the performance of the duties of a position or positions and shall
include absences with pay.
Section 2. Advancement. Salary increase within an arranged schedule of established
rate of pay for class of position made without examination.
Section 3. Applicant. Anyone who has filed an application to take a civil service
examination.
Section 4. Appointing Authority. Includes every person or group of persons who,
acting 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 employment subject to civil service.
Section 5. Class. A group of positions sufficiently similar with respect to duties and
responsibilities so that the same title may reasonably be used for each, the same
qualifications may be required, and the same salary range may be applied with equity.
Section 6. Classified Service. All positions in the City subject to the provisions of these
rules as defined by City Ordinance.
Section 7. Commission. The Civil Service Commission appointed for the City of
Tukwila.
Section 8. Compensation. Any allowance, fee, salary, or wage paid to an employee or
officer in the classified service for performing the duties and responsibilities of the given
position or office.
Section 9. Demotion. A reduction in employment status to a class having a lower
maximum rate of pay.
Section 10. Discharge. The separation of a permanent employee from the classified
service.
Section 11. Eligible. The conditions being qualified, or a person who has become
qualified by examination or by prior service to serve in a position.
Section 12. Emergency Appointment. An appointment to serve in a classified position
under emergency conditions for not more than ten days.
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Section 13. Employee. A person who is legally employed in the classified service of the
City or who is on authorized leave of absence and whose position is held for him or her
upon his or her return.
Section 14. Eligible or Employment List. A list of names of persons arranged in order
of preference who are eligible for appointment to a position in the classified service.
Section 15. Examination. The process of testing the fitness and qualifications of
applicants for positions in a specific class.
15.1 Assembled Examination. A test conducted at a specified time and place
at which applicants are required to appear for competitive examination under the
supervision of an examiner.
15.11 Open Competitive Examination. An examination open to any
member of the public meeting the requirements as stated in an
official bulletin or notice announcing such an examination.
15.12 Promotion Examination. An examination limited to employees in
the City Service, or as otherwise stipulated in Rule VII, meeting the
requirements stated in an official bulletin or notice announcing such an
examination.
15.13 Oral Board Examination. An oral examination administered by a
group of persons not to exceed four, two of whom may be commissioned
police officers. Said examination shall have a weight of the total
examination score as established by the Commission for that examination.
15.2 Unassembled Examination. A test consisting of an appraisal of training
experience, work history or any other means for evaluation of the relative
qualification of candidates without the necessity for their personal appearance at a
specified place.
Section 16. Immoral Conduct. Conduct which is willful, flagrant or shameless, and
which shows a moral indifference to the opinions of the good and respectable members of
the community.
Section 17. Incompetency. Lack of ability, legal qualificant or fitness to discharge the
required duty.
Section 18. Insubordination. State of being insubordinate. Disobedience to constituted
authority. Refusal to obey an order which a superior officer is entitled to give and have
obeyed. Not synonymous with incompetency.
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Section 19. Full -paid. Any employee hired by the City for an indefinite period of time,
who works at least 40 hours per week for compensation.
Section 20. Layoff. The termination of employment because of lack of funds or work or
because of material change in the organization.
Section 21. Regular Employee. An employee who has attained regular status.
Section 22. Regular Status. The status of an employee who has acquired rights to
hearing prior to discharge by reason of prior service or by successful completion of his or
her probationary period.
Section 23. Position. Any employment of office in the classified service.
Section 24. Probation. The term of employment or trial service period during which an
employee works prior to attaining permanent appointment and during which he or she is
subject to rejection without hearing or trial.
Section 25. Promotion. A change in employment in accordance with these rules from a
position in the classified service with a lower to a higher maximum rate of pay.
Section 26. Provisional Appointment. A non-competitive appointment to a position in
the classified service made in the absence of eligibles pending the establishment of an
employment list for the class.
Section 27. Public Notice. Giving notice by posting in a newspaper and/or electronic
media.
Section 28. Reinstatement. Reappointment to position in a class in which regular status
was held prior to layoff, dismissal, reduction, or disability retirement.
Section 29. Rejection. The separation of a probationary employee from the service.
Section 30. Suspension. Temporary separation of an employee from the service without
pay for disciplinary purposes.
Section 31. Temporary Appointment. Appointment with regard to willingness to
accept rather than strict order of position on eligible list, and for a temporary time.
Section 32. Veteran. Any person who meets the definition contained in RCW
41.04.005.
Section 33. Written Notice. As required under these rules, means the service notice in
writing, either to the person directly or by certified mail, return receipt requested.
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Rule II. The Civil Service Commission
Section 1. Organization. The Civil Service Commission shall consist of three
members, two of whom will serve as Chairperson and Vice Chair. At the first regular
meeting in January of each year, the Chairperson position shall be decided as follows:
The previous year's Vice Chair shall automatically advance to the position of
Chairperson for the current year. The Commission shall then elect one of its remaining
members to serve as Vice Chair for a term of one year. Should a Chair resign or be
removed from the position to the expiration of his/her term, the current Vice Chair shall
complete the remainder of the term. The Commission, upon the appointment of a new
member, shall proceed to the election of a new Vice Chair to serve out the remaining
term. Should a Vice Chair resign or be removed from the position prior to the expiration
of his/her term, the Commission shall proceed to the election of a new Vice Chair upon
the appointment of a new member. The Chairmanship and Vice Chairmanship shall be
considered rotational positions, in that no member of the Commission may serve two
consecutive terms in either office.
All meetings shall be public except by unanimous vote. The Commission may meet in
executive session, in compliance with RCW 42.30.140(2). Regular meetings shall be
held once a month, unless no regular business is anticipated by the chair, the date to be
posted at the city hall, and at other times upon the call of the chair or any two members.
Two members shall constitute a quorum, and two affirmative votes shall be required for
the transaction of any official business. The Commission shall keep minutes of all
meetings, and the minutes shall become a part of the permanent files of the Commission.
Robert's Rules of Order shall be the final authority on all questions of procedure and
parliamentary law not otherwise provided by these rules.
Section 2. Power and Duties. The Civil Service Commission shall have those powers
and duties provided by TMC 2.42.030, including:
1. Adopt rules for the regulation of recruitment, examination, and selection of personnel
within the classified service.
2. Approve minutes of its own meetings and records of its procedure.
3. Provide for the holding of competitive tests to determine the relative qualifications of
persons for employment in the classified service.
4. Conduct all civil suits necessary for the proper enforcement of TMC 2.42.030 and
these rules.
5. Hear and determine appeals arising from the administration of TMC 2.42.030 and
these rules.
6. Investigate and report on all matters touching the enforcement and effect of TMC
2.42.030 and these rules.
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7. Provide for the classification of all positions within the police department of the City
according to their duties, responsibilities, and qualifications.
Rule III. The Secretary and Chief Examiner
Section 1. Selection. Appointment of the Secretary and Chief Examiner shall be made
by the Commission.
Section 2. Duties. The Secretary and Chief Examiner shall keep the records of the
Commission, preserve all reports made to it, superintend and keep a record of all
examinations held under its discretion, and perform other such duties as the Commission
may prescribe (ie. Prepare eligibility lists and arrange for certification of the list by the
Commission). Certification may occur outside of the monthly meeting if the need should
arise, with signature of two or more Commissioners.
Rule IV. Hearings and Investigations
Section 1. Hearings and investigations which the Commission is authorized to conduct
may be made by the Commission as a body or may be delegated to a member, the
Secretary and Chief Examiner, or a hearing examiner, but no official decision of the
Commission shall be rendered until at least two members have reviewed the evidence and
concurred in an opinion.
Section 2. The procedures for any hearings or investigation shall be in accordance with
Chapter 2.42 of the TMC.
Rule V. Classification
Section 1. Classification Generally. Pursuant to Chapter 2.42 of the TMC, the Civil
Service Commission shall classify all positions within the City's Police Department. The
provisions of Rule V shall govern classifications of positions within the Police
Department.. For purposes of this proviso, merger with or annexation of other districts,
municipal corporations or public bodies which require a transfer of employees shall not
be deemed to constitute the creation of new, vacant, or other positions with respect to
employees of such district, municipal corporation, or public body.
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Section 2. Police Classification Plan. A class specification shall be prepared and
maintained for each class in the police department. Such specifications shall describe the
class generally, distinguish it from other classes, give examples of typical duties of the
class, and shall contain, when applicable, a statement of those qualifications for
applicants for positions within the class
Section 3. Administration of Position Classification. The Commission will make, or
cause to be made, position classification studies of individual positions or groups of
positions within the police department whenever it is deemed necessary, whenever the
duties or responsibilities of existing positions have undergone significant changes, or
whenever notification is received that new positions are to be established by the City
Council, or may do so upon request of the appointing authority or an affected employee if
the classification of such position has not been reviewed within the last 12 months.
Section 4. Classification of Position.
A. Each position in the police department shall be classified at the direction of the
Commission and allocated to its appropriate class in accordance with the character,
difficulty, and responsibility of its designated duties. Positions shall be allocated to a
given class when:
(1) The same descriptive title may be used to designate each position in the class;
(2) The same level of education, experience, knowledge, ability, and other
qualifications may be required of incumbents; and
(3) Similar tests may be used to select individuals to fill positions within the class.
B. All classes within the police department involving the same character of work but
differing as to level of difficulty and responsibility shall be assembled into a class
series.
C. Compensation or salary shall not be a factor within the police department in
determining the classification of any position or the standing of any person to be
placed therein.
D. In allocating any position in the police department to a class, the specification for the
class shall be considered as a whole. Consideration shall be given to the general
duties, the specific tasks, the responsibilities, the required and desirable qualifications
for such position, and the relationship thereof to other classes. The examples of
duties set forth in such specifications shall not be construed as all inclusive or
restrictive, and an example of a typical task or a combination of two or more
examples shall not be taken, without relation to all parts of the specification, as
determining that a position should be included within a class.
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Section 5. Effect of Classification Changes on Incumbent.
A. Whenever the title of a class within the police department is changed without a
change in the duties or responsibilities, incumbents in positions within the class shall
have the same status in the retitled class as held in the former class.
B. Whenever a position in the police department is reclassified from one class to a
higher class, the incumbent in any position shall not continue in the same position,
except temporarily, without gaining eligibility for the new class by examination and
receipt of an appointment thereto in accordance with these rules.
C. Whenever a position in the police department is reclassified from one class to a lower
class, the regular incumbent may, with the concurrence of the appointing authority
and the Commission, elect to take a voluntary reduction to the lower class; or at his
option and with the concurrence of the appointing authority and the Commission,
may remain in the reclassified position for a temporary period as limited by the
Commission only until transfer can be made to another position in the class in which
he has regular standing.
Rule VI. Compensation Plan
Section 1. The role of the Civil Service Commission in the Compensation Plan shall be
to assure that persons appointed to a salary class have been properly certified by the
Commission for appointment to such salary class.
Rule VII. Applications
Section 1. Announcements of Vacancy. When a vacancy occurs and/or an appropriate
eligibility list has expired or is about to expire, it is the responsibility of the Secretary and
Chief Examiner to provide public notice of the position opening. Persons interested in
participating in the examination process shall be instructed in the position announcement
how to make application.
Section 2. Rejection of Applicants. The Commission may refuse to accept an
application or, after acceptance, may reject an application or, after examination, may
disqualify a successful candidate or remove the name of a successful candidate from the
employment list or refuse to certify the name of a successful candidate whenever the
applicant or eligible is found to lack any of the minimum prerequisites established for the
class position; is addicted to the use of intoxicating liquors to excess, or drugs; has been
guilty of any infamous or notoriously disgraceful conduct; has made a false statement of
material facts in his or her application; has practiced deception or fraud in securing
eligibility; has otherwise violated the provisions of law or these rules; or has failed to
pass the minimum medical and health standards as defined by industry standards for
medical tests for police officer candidates. The cause for rejection shall be entered upon
the application form and filed in conformity with these rules.
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Rule VIII. Examinations
Section 1. Conduct May Be Delegated. The Secretary and Chief Examiner shall
arrange for the use of public buildings and equipment for the conducting of examinations.
The Commission shall designate a qualified person or agency who shall conduct and
score the examination.
Section 2. Qualifying Grade. In all examinations, the minimum grade or standing for
which eligibility may be earned shall be set by the Commission prior to the examination.
Such final grade shall be based upon all factors of the examination, including educational
requirements, training, experience, and other qualifying elements as shown in the
application of the candidate or other verified information. Failure in one part of an
examination may be grounds for declaring the applicant as failing in the entire
examination or as disqualified for subsequent parts of an examination.
Section 3. Identity of Examinees. The identity of persons taking competitive written
tests shall be concealed from the examiners by the use of identification numbers which
shall be used on all test papers. Any paper having the name of the applicant or any other
identifying mark may be rejected and the candidate so notified.
Section 4. Rating and Preparation of Lists. The names of persons successful in all
parts of an examination shall be arranged in order of their earned ratings, except that
eligible veterans shall be granted additional points in accordance with RCW 41.04.010.
Proof of honorable or general discharge or certificate of honorable active service shall be
submitted at the time of making application.
Section 5. Notification of Results. Each competitor shall be notified by e-mail of the
results of the examination, and, if successful, of his or her final earned rating and relative
position on the eligible list. Any applicant shall have the right of inspecting his or her
own test papers, within a 30 -day review period following candidate score notification,
except when prohibited by rental agency test security agreements.
Section 6. Promotional and Lateral Entry Examinations. As the needs of the service
may require, promotional and lateral entry examinations may be conducted from time to
time and may consist of evaluations of prior service, accomplishments in special training
courses, or other pertinent tests as determined by the Commission. Nothing herein shall
be deemed to prohibit the recruitment of candidates from outside of the current Tukwila
classified service for promotional positions.
Rule IX. Eligible Lists
Section 1. Order of Names on Lists. Names on eligible lists for a class shall be in
order of preference according to the final earned rating in the examination, including
veteran's points in compliance with RCW 41.04.010, except that employees laid off from
a position in that class shall be given prior preference over original applicants in order of
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seniority. The preference in rank of eligibles having equal final general averages shall be
determined as follows, in the order stated: When the examination is composed of two or
more parts with separate grades, the one who has the highest grade on the most heavily
weighted part of the examination shall maintain the higher position on the list; if a tie still
exists, then the highest grade on the next most heavily weighted part shall be utilized for
determining this ranking, and so for as many parts as the examination contains. Lateral
entry lists shall be prepared and certified by the Commission, and utilized by the
appointing authority in the same manner as entry level lists.
Section 2. Effective Life of Lists. Eligible lists shall become effective upon approval
thereof by the Commission.
Police Department: Eligibility lists for Police, including promotional lists, shall remain in
effect for one (1) year, and may be extended by action of the Civil Service Commission
for not more than one more year up to a maximum of two (2) years. Names appearing on
lists by reasons of layoff shall remain effective for two years.
Section 3. Removal of Names from Lists. The name of any person appearing on an
eligible list may be removed by the Secretary and Chief Examiner if the candidate fails to
respond to a notice of certification, if he or she accepts another position with a different
jurisdiction, if he or she fails a background process, or if he or she cannot be located by
postal authorities through certified mailing, return receipt requested. In case of such
removal, the Secretary and Chief Examiner shall notify in writing the candidate so
affected at his or her last known address. The name of a person so removed may be
reinstated only if satisfactory explanation of the circumstances is made to the
Commission within 10 business days of receipt. Eligible candidates may receive a
deferral (which remaining on the eligible list) as follows:
(1) An eligible in military service shall be granted a deferment of certification for a
period not to exceed ninety (90) calendar days (or a longer time period if required by
State or Federal law) upon written request of the eligible.
(2) The Commission may grant deferral of certification if requested by an eligible
showing good cause for the deferral. The deferral may be granted for a specific time
period or until certain conditions have been met.
The names of persons on promotional employment lists who resign from the service shall
be automatically dropped from such lists and may not be restored, even upon
reinstatement of the resigned employee to his/her former position.
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Section 4. Notice of Address Change. Each person on an eligible list shall file with the
Commission written notice of any change of his or her name or address, and failure to do
so may cause removal of his or her name from the list.
Section 5. Revocation of Lists. An employment or promotional list may be revoked,
and another examination ordered only when the Commission deems such action
advisable on account of fraud, errors, or of obviously inappropriate standards prescribed
in connection with the examination and of plainly inadequate results obtained therefrom.
No lists shall be altered or revoked except upon written notice to all persons whose
standing may be affected and upon entry of the reasons in the minutes of the
Commission.
Rule X. Appointment
Section 1. Procedure. All vacancies in the classified service shall be filled either by
original appointment, temporary appointment, re-employment, promotion, transfer, or
demotion. The Commission will advise appointing authorities as to which of these
methods should be employed in each instance, but the final decision will be left to the
appointing authority. Upon being advised by the appointing authority as to the type of
appointment to be made, the Secretary and Chief Examiner shall immediately certify
eligibles, in accordance with the City ordinances and these rules, if there are eligibles on
an appropriate list. The Commission shall certify the top five names from the eligible
list to the appointing authority, who shall make the appointment from those five.
Section 2. Failure to Respond. Whenever a candidate whose name has been certified
for appointment fails to answer an inquiry of the Secretary and Chief Examiner or of the
appointing officer within ten business days succeeding the mailing of such notice of
certification via certified mail return receipt requested, or who fails to accept an
appointment when offered it within the same period, or within the next succeeding
business day when notification is supplied verbally or by telephone, he or she may be
deemed to have declined appointment. If a candidate accepts appointment within the
period outlined and fails to present him or herself for duty on the date specified in the
notice, he or she may be deemed to have declined appointment.
Section 3. Dropping a Name from List. Any person who declines certification or
appointment or who fails to report may be permanently dropped from the list on which
his or her name appears unless he or she shows satisfactory cause to the Commission of
his or her action.
Section 4. Emergency Appointment. To meet the immediate requirements of an
emergency condition which threatens life or property, appointing authorities may employ
any person or persons whom they may be legally empowered to appoint without
restriction of Civil Service laws and rules. Such employment shall be limited to the
duration of the emergency period and shall in no event exceed ten days.
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Section 5. Provisional Appointment. Provisional appointment may be made only in the
absence of lists appropriate for the position to be filled. In such case, the appointing
authority may select a person meeting the minimum prerequisites for the class to which
the position is allocated. The Commission shall interview or may use any other method to
determine whether or not the nominee possesses the necessary experience, training, and
other prerequisites for the position. If satisfactory, his or her name shall be certified to
the appointing authority for appointment and his or her application accepted for an
examination to establish an employment list for that position. As soon as possible, the
Commission shall announce and conduct the examination and shall certify a name for
regular appointment in the usual manner.
No provisional appointment shall be continued for longer than six months unless the
Commission finds good cause for extending the appointment, and no person appointed
provisionally shall again be appointed in the same year unless he or she is qualified by
competitive examination and is appointed in the regular manner. No time spent as a
provisional appointee shall be credited to the probationary time pursuant to civil service
law or these rules.
Section 6. Temporary Appointment. Temporary appointment is appointment from an
employment or promotional list in the usual manner, but to fill a position, the duration of
which does not exceed six months, unless the Commission finds good cause for so
extending the appointment. In making such an appointment, the appointing authority
shall make the requisition to the Secretary and Chief Examiner in the manner provided
for regular appointment but shall indicate the time at which it is estimated the position
will terminate. The Secretary and Chief Examiner shall notify the person or persons
appearing on the appropriate eligible list, or lists, indicating the nature of the position and
its duration, to learn who may be willing to accept temporary appointment. The most
qualified person or persons willing to accept shall be certified for appointment.
No temporary appointment shall be continued, and no person shall be employed on a
temporary basis for more than six months unless the Commission finds good cause for so
extending the appointment in any one year. Temporary service shall not be credited on
any probationary period or be used in computing any privilege occurring under civil
service law or these rules.
Rule XI. Probationary Period
Section 1. Length of Period. No person shall be finally appointed to a position until he
or she has satisfactorily served a probationary period of one year.
Section 2. Rejection of Probationer. During the probationary period, the appointing
authority at his or her discretion may reject a probationary employee. Notice of rejection
with the reason thereof shall be given the probationer and a copy forwarded to the
Commission.
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Section 3. Termination of Probationary Status. If at the end of the probationary period
the appointing authority has not notified the Commission that the person appointed has
been discharged, such appointment shall become regular status.
Section 4. Rejection After Promotion. A promotional appointee who is rejected during
the probationary period from the position to which he or she was promoted shall be
restored to the position from which he or she was promoted.
Rule XII. Transfers, Layoffs, and Reductions
Section 1. Transfers. Transfers consist of the change of an employee from one position
to another position in the same or comparable class. The change of an employee from a
position in a class with a lower to a position in a class with a higher maximum rate of pay
should be deemed a promotion and may be accomplished only in the manner provided in
these rules for making promotional appointments. A transfer of an employee from a
position in a class with a higher to a position in a class with a lower maximum rate of pay
shall be deemed a demotion and may be accomplished only in the manner provided in
these rules for making demotional appointments. No increase or advance in salary shall
be made upon transfer unless the rules governing salary advances are complied with and
no decrease in salary shall be made unless the rules regarding reductions in salaries are
complied with. Transfers of employees from one department or organization unit to
another department or organization unit may be made with the approval of the appointing
authorities concerned and the Commission. An appointing authority may at any time
transfer an employee from one position to another within the same class under his
jurisdiction.
Section 2. Layoffs. Whenever an appointing authority contemplates a reduction of staff
because of shortage of funds, lack of work, or material reorganization of the department,
notice shall be sent to the Commission.
Layoffs shall be carried out in the following order: (a) In accordance with the provisions
of the applicable collective bargaining agreements; or (b) Layoff within a class or grade
shall be determined by (1) The least service time in the Tukwila Police/, by hiring date;
(2) In case of same hiring dates, the lowest entry test score.
Notice of layoff shall be given the employee concerned and the Secretary and Chief
Examiner at least one week before the effective date thereof. Employees laid off shall
have their names placed on the eligible list of the class to which their position was
allocated in accordance with these rules.
Section 3. Reduction. When the quality of work of an employee is of low service value
and does not conform to required standards, and the appointing authority intends to
reduce the salary of the employee within the salary range established for that class, the
appointing authority shall give the employee and the Secretary and Chief Examiner
written notice of his or her intended action at least five days before the effective date
thereof.
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A reduced employee may, within ten (10) days after the effective date of the reduction,
file written request for hearing before the Civil Service Commission. The Commission,
within 15 days after reception of the request, shall hold a hearing to determine whether or
not the reduction was made in good faith for cause.
Rule XIII. Suspensions, Demotions, and Discharge
Section 1. Suspensions. An appointing authority, for disciplinary purposes, may
suspend a regular employee for inefficiency or other just cause for a period not to exceed
30 days. In all such cases, written reason therefor shall be furnished to the employee and
Secretary and Chief Examiner prior to the effective date of the suspension.
Within ten (10) days after the effective date of the suspension, the employee may file a
written request for hearing before the Civil Service Commission. The Commission,
within 15 days after reception of the request, or longer by agreement of both parties, shall
hold a hearing to determine whether or not the suspension was made in good faith for
cause. Any requested hearing will take place within a six-month time limit, unless a
clearly identifiable emergency situation merits an extension of time.
Section 2. Demotion and Discharge. The appointing authority may demote or
discharge a permanent employee for inefficiency or other just cause. In all such cases,
written reason therefor shall be furnished to the employee and the Secretary and Chief
Examiner prior to the effective date of the demotion or dismissal. Within ten (10) days
after the effective date of the dismissal or demotion, the employee may file a written
request for hearing before the Civil Service Commission. The Commission, within 15
days after reception of the request, or longer by agreement of both parties,_shall hold a
hearing to determine whether or not the demotion or discharge was made in good faith
for cause. Any requested hearing will take place within a six-month time limit, unless a
clearly identifiable emergency situation merits an extension of time.
Section 3. Cause for Discharge or Demotion. In addition to those listed in TMC
2.42.070, the following are declared to be cause for discharge or demotion from the
classified service, although charges may be based on causes other than those enumerated.
1. Incompetency, incapacity, or inefficiency in performance of duties.
2. Violation of law, of official rules or regulations, or of orders; or failure to
obey any lawful or reasonable direction when such failure or violation
amounts to insubordination or serious breach of discipline.
3. Conviction of a felony or of a misdemeanor involving moral turpitude.
4. Acceptance for personal use of a fee, gift, or other valuable thing in the course
of work when given in the hope or expectation of receiving a favor or better
treatment than that accorded the public generally.
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5. Failure to pay just debts if such failure is detrimental to the City or morale of
its members.
6. Conduct unbecoming an officer or employee of the City.
7. Conduct subversive of public order and discipline and conduct detrimental to
the efficiency or morale of the service.
8. Misuse of public funds.
9. Falsifying reports or records.
10. Intoxication or drinking intoxicating liquors or unlawful use of drugs while on
duty.
11. Addiction to intoxicating liquors, narcotics, or other drugs to the extent that
the use thereof interferes with the efficiency or mental or physical fitness of
the member.
12. Mental or physical unfitness for the position which the member holds.
13. Any other act or failure to act which, in the judgment of the Civil Service
Commissioners, is sufficient to show the offender to be an unsuitable and
unfit person to be employed in the public service.
14. Dishonesty, intemperance, or openly immoral conduct.
Rule XIV. Leaves and Resignations
Section 1. Leaves of Absence without Pay. An appointing authority may grant a
regular employee leave of absence without pay for a period not to exceed one year. No
leave without pay shall be granted except upon written request of the employee.
Whenever granted, such leave shall be in writing and signed by the appointing authority.
A copy of such leave of absence shall be filed with the Civil Service Commission and
shall contain a specified term of leave, and any reduction or extension of such leave shall
not be granted unless by mutual agreement of appointing authority and employee. Upon
the expiration of a regularly -approved leave without pay, the employee shall be reinstated
in the position held at the time leave was granted. Failure on the part of an employee on
written leave to report promptly at the expiration of a leave shall be cause for discharge.
Section 2. Resignation. An employee wishing to leave classified service of the City in
good standing shall file with the appointing authority at least two weeks before leaving a
written resignation stating the effective date and reason(s) for leaving. The name of an
employee on any promotional employment list who resigns from the service shall be
automatically dropped from such list at time of resignation.
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Section 3. Reinstatement. Within one year, a resigned employee, with the approval of
the appointing authority and consent of the Commission, may be reinstated in the position
from which he or she resigned, if vacant, or in a vacant position in the same class, or,
with approval of the Civil Service Commission, may be placed on the eligible lists for the
class to which his or her former position was allocated. No person resigning during the
probationary period shall be reinstated, but with the approval of the Commission may be
placed on the list from which he or she was certified and appointed. The names of
persons on promotional employment lists who have resigned from the service shall be
automatically dropped from such lists, requiring a retest to gain placement on any future
promotional list. No promotion shall result for any employee from any promotional list
until successful completion of the mandatory probationary period.
Rule XV. Records and Reports
Section 1. Examination Records. The Secretary and Chief Examiner shall maintain a
file for every examination, giving the name, address, date, and title of the examination,
completed ratings earned, and the grade obtained if successful, or, if unsuccessful,
mention of the fact.
Section 2. Access to Public Records. The Secretary and Chief Examiner shall have
access to all departmental and instructional public documents and records, the
examination of which aid him or her in the discharge of his or her duties.
Section 3. Destruction of Records. All employee records and minutes of the Civil
Service Commission shall be retained and destroyed in accordance with the provisions of
RCW 40.14.070.
Section 4. Reporting. Appointing authorities shall report to the Secretary and Chief
Examiner in writing all employments and all changes whatsoever in the status of
personnel in the classified service, supplying the name of the appointee and employee,
the title of his or her position, the date of commencement of service, and any change
recommended or made therein, and shall report from time to time as may be required.
Any performance report or rating shall be available for inspection by the employee
concerned, who may discuss it with the official making the report or rating, and may file
a statement in explanation of any adverse report or rating. This statement shall be
appended to the report or rating and shall be made a part of the employee's record.
Section 5. Annual Report. Upon request, the Commission shall prepare an annual
report of the Commission's activities for submission to the Mayor and Council.
Rule XVI. Complaints
Section 1. Procedure. Any person may file with the Secretary and Chief Examiner of
the Commission a complaint against any decision or action involving the administration
of these rules and regulations, or a petition in support of any privilege or right involving
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personnel matters. The Commission may investigate or hold a hearing and may allow
appeal from any party to the complaint. If a complaint to which the Secretary and Chief
Examiner is a party is made, he or she shall file a statement of the facts and an
explanation of his or her action with the Civil Service Commission, which may
investigate, grant hearing, and issue recommendations, or, if authorized, a directing order.
Section 2. Time Limit. All complaints must be filed with the Commission within 30
(thirty) days of the incident, decision, action or thing, with the exception of promotional
examinations. Any protest against a promotional examination shall be filed with the
examiner in writing, summarizing the nature of the protest, the reason for the protest, and
the relief requested, within five (5) days immediately following its administration.
Rule XVII. Amendments
Section 1. Procedure. After adoption, these rules may be amended by submission and
reading of the proposed amendment at any regular meeting. Public notice of the proposal
shall be given and a vote thereon shall be taken at the next regular meeting. If approved
by at least two members of the Commission, the amendment shall be adopted and shall be
in immediate effect.
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