HomeMy WebLinkAboutOrd 1877 - Civil Service Commission - Rule of Three Civil Service Selection Process (Repealed by Ord 2528).rr1
City of'Tukwila
Washington
Cover page to Ordinance 1877
The full text of the ordinance follows this cover page.
AN ORDINANCE OF THE CITY COUNCII, OF THEITS'"' OF
TU WILA, WASHINGTON, AMENDING TUMILA MUNICIPAL
;IPAL
DE CHAPTER 2.42, CIVIL SERVICE SYSTEM, TO ADOPT
THE "RULE, OF THREE" CIVIL SERVICE SELECTION PROCESS;
REPEAIJNG ORDINANCE NO$. 1316:, 'I , 1544- AND 18,03;
PROVIDING FOR 'SEVE' ILI'TY; AND ESTABLISHING AN
EFF`I CTI'VF° DATE.
Ordinance 1877 was amended or repealed by the
following ordinances.
111:4 REPEALED
7'Sectioh(s) Armended Amended by Card # Secti6h(s) Repealed Repealed by Card
§1 (part) 2417 2528
City of Tukwila
Washington
Ordinance No. 1877
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL
CODE CHAPTER 2.42, CIVIL SERVICE SYSTEM, TO ADOPT
THE "RULE OF THREE" CIVIL SERVICE SELECTION PROCESS;
REPEALING ORDINANCE NOS. 1316, 1350, 1564 AND 1803;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City Council previously has 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, the testing and selection of applicants for entry level positions in the City's
Police and Fire departments is an important step in hiring high quality employees for these
departments; and
WHEREAS, the "Rule of Five" did not improve the hiring process as expected, and has been
difficult to administer; and
WHEREAS, the City Council desires to amend the City's Civil Service Ordinance in order to
make changes in the powers of the Commission relating to certifying the names of the three
persons highest on the eligible list for the position;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Tukwila Municipal Code Chapter 2.42, Civil Service Commission, is hereby
amended to read as follows:
Chapter 2.42
CIVIL SERVICE COMMISSION
Sections:
2.42.010 Definitions.
2.42.020 Civil service commission created, appointment, terms, removal and quorum.
2.42.030 Organization of commission — Powers and duties — Secretary.
2.42.040 Persons included — Competitive examinations — 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 discharge, reduction or deprivation of
privileges.
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.
2.42.140 Applicability.
Civil Svc -Rule of Three 8/5/99 1
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,
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.
2. "Appointment" includes all means of selection, appointing or employing any person
to hold any office, place, position or employment subject to civil service.
3. "Commission" means the civil service commission herein created, and
"commissioner" means any one of the three commissioners appointed to that commission.
2.42.020 Civil service commission created, appointment, terms, removal and
quorum.
A. There is created in the City a Civil Service Commission, which shall be composed of
three persons.
B. The members of such Commission shall be appointed by the Mayor; provided, that the
members of the Civil Service Commission constituted pursuant to the Tukwila Municipal 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.
C. The members of such Commission shall serve without compensation.
D. 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.
E. Except for the initial commission, the term of office of such commissioners shall be six
years.
F. 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 writing, due notice and a full hearing held.
G. The members of such Commission shall devote due time and attention to the
performance of the duties hereinafter specified and imposed upon them by this chapter.
H. 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 virtue 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
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 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
Civil Svc -Rule of Three 8/5/99 2
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. 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 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 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 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
Civil Svc -Rule of Three 8/5/99 3
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.
2.42.040 Persons included— Competitive examinations — Transfers, discharges and
reinstatements. The provisions of this chapter shall include all full -time, fully paid employees of
the City's Police and /or Fire Departments, with the exception of the chiefs thereof, who because
of the nature of their positions and pursuant to RCW 41.08.050 and 41.12.050, shall serve in their
positions as other City department heads, and with the further exception of all clerical, dispatchers,
fire inspectors, mechanics and other employees of the Fire Department who are not full -time, fully
commissioned firefighters. 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 examination
and impartial investigation. No person shall be reinstated in or transferred, suspended or
discharged from any such place, position, or employment contrary to the provisions of this chapter.
2.42.050 Existing personnel continued under civil service. For the benefit of the
public service and to prevent delay, injury or interruption therein by reason of the enactment of
this chapter, all persons having completed probation 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 employment— Grounds for discharge, reduction or deprivation
of privileges. The tenure of everyone holding an office, place, position or employment under the
provisions of this chapter shall be only during good behavior and any such person may be removed
or discharged, suspended without pay, demoted, or reduced in rank, or deprived of vacation
privileges or other special privileges 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 position which the employee holds.
4. Dishonest, disgraceful, immoral or prejudicial 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 efficiency 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.
Civil Svc -Rule of Three 8/5/99 4
7. 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.
2.42.080 Procedure for removal, suspension, demotion or discharge— Investiga-
tion — Hearing — Appeal.
A. 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 discharged except for cause, and only upon written accusation of the appointing authority or any
citizen or taxpayer; a written statement of which accusation, in general terms, shall be served upon
the accused, and a duplicate filed with the Commission.
B. Any person so removed, suspended, demoted or discharged 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.
C. 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 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.
D. All investigations made by the Commission pursuant to the provisions of this section
shall be had by public hearing, 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 counsel, and presenting his /her defense.
E. 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.
A. 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 vacant 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
additional name shall be certified for each additional vacancy.
Civil Svc -Rule of Three 8/5/99 5
B. The appointing authority shall, after review of the persons so certified, appoint one
person to each such vacant position. If any person certified by the Commission is removed from
the list or otherwise requests to not be considered for appointment, the Commission shall forth-
with 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.
C. 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.
D. 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.
E. To enable the appointing authority to exercise a choice in the filling of positions, no
appointment, employment 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 performance 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 appointment, employment or promotion for the probationary period 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 probations 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, job descriptions, positions and employments and Fire 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 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
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.
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
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.
Civil Svc -Rule of Three 8/5/99 6
2.42.130 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 one hundred dollars and by imprisonment in jail for
not longer than thirty days, or by both such fine and imprisonment.
2.42.140 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 the ordinance codified in this chapter.
Section 2. Repealer. Ordinance Nos. 1316, 1350, 1564, and 1803, are hereby repealed.
Section 3. Severability. Should any section, paragraph, sentence, clause or phrase of this
Ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this Ordinance be preempted by state or
federal law or regulation, such decision or pre - emption shall not affect the validity of the remaining
portions of this Ordinance or its application to other persons or circumstances.
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 and effect five (5) 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 /6 ' day of 7t2— , 1999.
ATTEST /AUTHENTICATED:
E. Cantu, CMC, City Clerk
APPROVED AS TO FORM:
o the City Att
By
Offic
FILED WITH THE CITY CLERK: S//.27?
PASSED BY THE CITY COUNCIL: Vic, / 9 7
PUBLISHED: 2104/ i l
EFFECTIVE DATE: 6'f' '9Y
ORDINANCE NO.: / c' 7 7
Civil Svc -Rule of Three 8/5/99
Lt)
W. Rants, Mayor
7
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO. /2 7 7
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUKWILA, WASHINGTON, AMENDING
TUKWILA MUNICIPAL CODE CHAPTER 2.42, CIVIL
SERVICE SYSTEM, TO ADOPT THE "RULE OF
THREE" CIVIL SERVICE SELECTION PROCESS;
REPEALING ORDINANCE NOS. 1316, 1350, 1564 AND
1803; PROVIDING FOR; AND ESTABLISHING AN
EFFECTIVE DATE.
On - ► /6 / .7?9 , the City Council of the City of Tukwila passed
Ordinance No. "/B 77 , amending the Tukwila Municipal Code to adopt the "Rule
of Three" civil service selection process; repealing Ordinance Nos. 1316, 1350, 1564 and
1803; providing for severability; and establishing an effective date.
The full text of this ordinance will be mailed without charge to anyone who
submits a written request to the City Clerk of the City of Tukwila for a copy of the text.
ff //60/`1 �f
APPROVED by the City Council at its meeting of
Published Seattle Times: 8 /9c/ % % 1€ ./
9
2
. Cantu, CMC, City Clerk