Chapter 2.48
CIVIL SERVICE SYSTEM
Sections:
2.48.020 Civil service commission created—Appointment—Terms—Removal—Quorum.
2.48.030 Organization of commission—Powers and duties—Secretary.
2.48.040 Persons included—Competitive examinations—Transfers, discharges and reinstatements.
2.48.050 Existing personnel continued under civil service.
2.48.060 Power to create offices, make appointments and fix salaries not infringed.
2.48.070 Qualification of applicants.
2.48.080 Enforcement by civil action—Legal counsel.
2.48.090 Deceptive practices, false marks, etc., prohibited.
2.48.100 Penalty—Jurisdiction.
2.48.010 Intent of chapter.
It is the intent of the city council in enacting this chapter to create a system of civil service independent of RCW Ch. 41.12, but which substantially accomplishes the purpose of that chapter. The city council finds that the system of civil service set forth in this chapter meets this intent and the requirements of RCW 41.12.010 for such independent system. (Ord. 561 § 2 (part), 1993)
2.48.020 Civil service commission created—Appointment—Terms—Removal—Quorum.
A. There is created in the city a civil service commission (the “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 commission presently constituted shall continue in office until the term of their current appointment expires.
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 the city for at least three years immediately preceding such appointment, and an elector of Okanogan County.
E. Except for initial commission, the term of office of such commissioners shall be three 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 specified herein 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. (Ord. 561 § 2 (part), 1993)
2.48.030 Organization of commission—Powers and duties—Secretary.
A. The commission shall elect one of its members chairperson and, if necessary, 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 commission, to the extent necessary, to ensure that the provisions of this chapter are carried out:
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 and may also provide for any other matters which may be considered desirable to carry out the purposes of this chapter. The rules and regulations and any amendments thereof shall be printed, mimeographed or multigraphed for public distribution without charge. Such rules and regulations may be changed from time to time. Pending adoption of new rules under this chapter, the current civil service rules shall remain in effect to the extent not inconsistent with this chapter;
2. To ensure that all tests are practical and consist only of subjects which will fairly determine the capacity of persons examined to perform the duties of the position to which appointment is to be made, and may include tests of physical fitness/agility and/or manual skill;
3. To ensure that the rules and regulations adopted by the commission provide for veteran’s preference credit in favor of all applicants for appointment under civil service, entitled to such credit pursuant to state law. These credits shall apply to entrance examinations only;
4. To 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 under this chapter; inspect all institutions, departments, offices, places, positions and employments affected by this chapter and ensure all such rules and regulations are being obeyed,
5. To make such investigations by the entire commission, or by a designated commissioner. 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 secretary-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 pertaining 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 superior court; and the failure upon the part of any person so subpoenaed to comply with the provisions of this sections shall be deemed a violation of this chapter and punishable as such;
6. To ensure that all hearings and investigations before the commission are governed by this chapter and by rules of practice and procedure to be adopted by the commission, and in the conduct thereof the commission shall not 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 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 any examination and such other matters as may be referred to the commission pursuant to the duties outlined in subsection (A)(1) of this section;
8. To establish and maintain, in card or other suitable form, a roster of employees covered by civil service;
9. To provide for, formulate and hold competitive tests to determine the relative qualifications of persons who seek employment in any class or position and as a result thereof establish eligible lists for the various classes of positions as established by the city; and to provide that employees laid off because of curtailment of expenditures, reduction in force, and for like cause other than for disciplinary reasons, 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 as provided in the rules and regulations adopted by the commission. Where more than one vacant position is to be filled, the commission shall certify, from those highest on the eligibility list, the names of three times the number of persons necessary to fill the vacant positions; and
11. To keep such records as may be necessary for the proper administration of this chapter.
B. The commission shall appoint a person to hold the positions of secretary and chief examiner (the “secretary”). The duties of the secretary 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 in the rules and regulations adopted by the commission. The commission may also appoint special examiners to aid in the formulation and administration of examinations. The commission may provide for the compensation of such special examiners in an amount commensurate with the time and responsibility involved. (Ord. 561 § 2 (part), 1993)
2.48.040 Persons included—Competitive examinations—Transfers, discharges and reinstatements.
A. The provisions of this chapter shall apply to all full-time, fully commissioned officers of the city’s police department, excluding the chief of police.
B. All clerical, dispatchers, mechanics and other employees of the police department who are not full-time, fully commissioned police officers are excluded from coverage under this chapter.
C. The position of civil service secretary and chief examiner shall not be a civil service position.
D. All appointments to and promotions to positions covered by this chapter shall be made solely on merit, efficiency and fitness, which shall be ascertained by 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. (Ord. 561 § 2 (part), 1993)
2.48.050 Existing personnel continued under civil service.
For the benefit of the public service and to prevent delay, injury or interruption thereof by reason of the enactment or revision of this chapter, all persons having completed probation in the police department and entitled to civil service coverage, are declared regularly 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 automatically adopted and inducted 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. Nothing in this chapter shall be construed to exculpate or excuse any conduct of any employee committed or engaged in prior to the enactment of the ordinance codified in this chapter, and such conduct may be considered by the appointing authority and the commission in any disciplinary action taken with respect to any employee whose position is covered by this chapter. (Ord. 561 § 2 (part), 1993)
2.48.060 Power to create offices, make appointments and fix salaries not infringed.
All offices, places, classifications, job qualifications, job descriptions, positions and employments coming within the purview of this chapter shall be created by the mayor or his/her designee, and nothing contained in this chapter shall infringe upon the power and authority of any such person or group of persons, or the appointing authority or his/her designee, to fix the salaries and compensation of all employees employed hereunder or to specify the qualifications, including experience, necessary for any position within the civil service. (Ord. 561 § 2 (part), 1993)
2.48.070 Qualification of applicants.
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 be a citizen of the United States of America who can read and write the English language; these facts to be ascertained in such manner as the commission may deem advisable. (Ord. 561 § 2 (part), 1993)
2.48.080 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 city attorney, or his/her designee, but the commission may in any case be represented by special counsel appointed by it. (Ord. 561 § 2 (part), 1993)
2.48.090 Deceptive practices, false marks, etc., prohibited.
No commissioner or any other person shall, by him/herself or in cooperation with one or more persons, defeat, deceive or obstruct any person in respect to 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 making 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 impersonate him/her, in connection with any examination or registration of application or request to be examined or registered. (Ord. 561 § 2 (part), 1993)
2.48.100 Penalty—Jurisdiction.
Any person who shall wilfully violate any of the provisions of this chapter shall be deemed guilty of a gross misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than five thousand dollars or by imprisonment in jail for not longer than one year, or by both such fine and imprisonment. (Ord. 561 § 2 (part), 1993)
2.48.110 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 chapter. (Ord. 561 § 2 (part), 1993)