Chapter 2.34 POLICE CIVIL SERVICE COMMISSION

There is established in the town pursuant to Chapters 41.12 and 41.08 RCW a police and fire fighter civil service commission which shall be composed of three persons appointed by the mayor and confirmed by the town council. (Ord. 96-05 § 2, 1996; Ord. 84-1 § 1, 1984).

2.34.020 Definitions.

As used in this chapter, the following words or terms shall have the following described meanings:

A. “Appointing power or authority” means the mayor of the town.

B. “Commission” means the civil service commission created in this chapter, and “commissioner” means any of the three members of the commission.

C. “Dereliction of duty” means the wilful neglect to perform one’s duty or duties.

D. “Discrimination” means a wilfully unjust or harmful distinction in favor or treatment of one over another, in general, a failure to treat all equally.

E. “Disgraceful conduct” means shameful, degrading or dishonorable behavior.

F. “Dishonest conduct” means fraudulent, deceiving, or cheating behavior or untrustworthiness.

G. “Full-time employee” means a person on a regular monthly salary and who devotes all of his work time to police duty or to firefighter duty and whose work as a police officer or a firefighter constitutes his regular employment.

H. “Good cause” means any ground which is put forward by the appointing authority in good faith and which is not arbitrary, irrational, unreasonable, or irrelevant to the duties with which the appointing authority is charged, and is not limited to some form of inefficiency or of misconduct on the part of the person dismissed.

I. “Good behavior” means behavior which is orderly and lawful.

J. “Immoral conduct” means any form of behavior contrary to good morals, or conduct which is sinful, flagrant, or shameless.

K. “Incompatibility of duty” means being incapable of existing or being exercised together.

L. “Incompetency” means lack of ability, legal qualification, or fitness to discharge the required duty.

M. “Inefficiency” means the quality of being incapable or indisposed to do the things required.

N. “Insubordination” means refusal to obey some order which a superior officer is entitled to give and have obeyed, or a wilful disregard of express or implied directions of the employer.

O. “Intemperance” means a lack of moderation or restraint in the use of intoxicants which disqualifies the person from properly attending to his work.

P. “Malfeasance” means the doing of an act which is wholly wrongful and unlawful.

Q. “Misfeasance” means the doing of a lawful act in an unlawful manner or the wrongful exercise of lawful authority.

R. “Political reason” means a reason of a strictly partisan and political nature arising from or caused by a person’s partisan political beliefs or adherence to a political party.

S. “Religious reason” means reason arising from or caused by a person’s religious denomination. (Ord. 96-05 § 3, 1996; Ord. 84-1 § 2, 1984).

2.34.030 Appointment by town authorities.

In 90 days after the taking effect of the ordinance codified in this chapter, it shall be the duty of the duly constituted authority of the town to appoint and create a civil service commission as provided for in EMC 2.34.010. (Ord. 84-1 § 3, 1984).

2.34.040 Members – Generally.

Persons appointed to the commission shall serve without compensation. No person shall be appointed a member of such commission who is not a citizen of the United States, a resident of the town for at least three years immediately preceding such appointment, and an elector of the county wherein he resides. The term of office of the members of the commission shall be for six years, except that the first three members of the commission shall be appointed for different terms as follows: one to serve for a period of two years, one to serve for a period of four years, and one to serve for a period of six years. Any member of the commission may be removed from office by the appointing authority for incompetence, incompatibility or dereliction of duty, malfeasance or misfeasance in office, or other good cause; provided, that no member of the commission shall be removed until charges have been preferred in writing, due notice given to the commission member, and a full hearing held by the appointing authority. The members of the commission shall devote due time and attention to the performance of the duties specified in this chapter and imposed upon them by this chapter. Two members of the commission shall constitute a quorum, and the votes of any two members of the 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. At the time of any appointment, not more than two commissioners shall be adherents of the same political party. (Ord. 84-1 § 4, 1984).

2.34.050 Organization.

A. Immediately after appointment of the commission, the members shall organize by electing one of its members as chairman and hold regular meetings four times a year, and such additional meetings as may be required for the proper discharge of their duties.

B. The commission shall appoint a secretary who shall keep the records for 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 pursuant to this chapter.

C. The secretary shall be appointed by the commission from among persons already in the service of the town and shall be compensated for actual hours worked for the commission as prescribed by the town council.

D. The secretary may be subject to suspension, reduction, or discharge as relates to his/her duties for the commission in the same manner and subject to the same limitations as are provided in the case of members of the police department.

E. It shall be the duty of the civil service commission:

1. To make suitable rules and regulations not inconsistent with the provisions of this chapter and necessary for this chapter’s implementation as relates to full-time, monthly salaried employees of the police department. Such rules and regulations shall provide in detail the manner in which examinations may be held, and how appointments, promotions, transfers, reinstatements, demotions, suspensions and discharges shall be made where such rules and regulations are not provided in detail within this chapter or subsequent amendments adopted by the town council. Further, the commission may provide for any other matter which may be considered desirable to carry out the purposes of this chapter. Such rules and regulations may be changed from time to time. All rules, regulations and amendments thereof shall be printed, mimeographed or multigraphed, and copies made available to the public upon request.

2. Establish and maintain in card or other suitable form a roster of full-time, monthly salaried officers and employees of the police department.

3. Provide for, formulate, and hold competitive tests to determine the relative qualifications of persons who seek full-time employment in any class or position and as a result thereof, establish eligible lists for the various classes of positions, and to provide that employees laid off because of curtailment of expenditures, reduction in force, and for like causes, head the list in the order of their seniority to the end that they shall be the first to be re-employed.

4. When a vacant position is to be filled, to certify to the mayor, on written request, the names of the three persons highest on the eligible list for the class. The mayor, as the appointing authority, subject to confirmation by the town council, may then appoint from the three names certified to him. If there is no such list, to authorize a provisional or temporary appointment list of three from among such class. Such a temporary or provisional appointment from the list shall not continue for a period longer than four months, nor shall any person receive more than one provisional appointment or serve more than four months as a provisional appointee in any one calendar year except in the case of the failure of the commission to supply the appointing authority with the names of the three persons highest on an eligibility list for the class.

5. Keep such records as may be necessary for the proper administration of this chapter. (Ord. 98-09 §§ 1, 2, 3, 1998; Ord. 96-05 § 4, 1996; Ord. 84-1 § 5, 1984).

2.34.060 Applicability.

The classified civil service and provisions of this chapter shall only include all full-time monthly salaried employees of the police department who do police work and of the fire department who do firefighter work. All appointments to promotions in the departments 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 full-time monthly salaried place, position, or employment contrary to the provisions of this chapter. (Ord. 96-05 § 5, 1996; Ord. 84-1 § 6, 1984).

2.34.070 Eligibility and appointment.

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 holding a full-time position in the police department, including the present chief of police, when this chapter takes effect who shall have served in such position for a period of at least one year last past continuously, are declared eligible for permanent appointment under civil service to the offices, places, positions, or employments which they shall then hold, respectively, without examination or other act on their part, and not on probation; and every such person is automatically adopted and inducted permanently into civil service, into such office, place, position or employment which such person then holds, except the office of chief of police, as completely and effectually to all intents and purposes as if such person had been permanently appointed thereto under civil service after examination and investigation. Any person holding a position when this chapter takes effect who has not served in such position for one year shall be eligible for permanent appointment at the successful completion of the one year without examination. (Ord. 84-1 § 7, 1984).

2.34.075 Competitive examinations.

A. All examinations shall be practical, fair, and impartial so far as practicable, 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 of manual skills. Written examinations shall be so conducted that the identity of applicants will not be known to the examiners or other persons scoring the answers. So far as practicable, different parts of the examination shall be scored separately without the examiners, or other persons scoring a part of the examination, knowing the applicants scores in the other parts of the examination. No person shall reveal before the completion of an examination any information about such examination except in the official bulletin or by announcement to all applicants or candidates equally.

B. Notice of Examination. A written notice of each examination shall be published in the official publication as designated by the town of Eatonville and posted on the official bulletin board at least one week prior the date of the examination. Additional notice, such as paid advertising or publicity, shall be given when the secretary/chief examiner deems it necessary in order to have a sufficient number of qualified applicants.

C. Competitive Examinations. All examinations shall be competitive. An examination shall be deemed to be competitive when applicants are tested as to their relative qualifications and abilities or when applicants are scored against a fixed standard.

D. Character of Examinations. The commission shall by motion, prior to any examination, determine the method of testing pursuant to subsection (E) of this section, the procedure of the examination, the number of parts of each examination, the relative weight for scoring purposes of each part, and the minimum passing score, provided, that the commission may in its discretion, establish minimum passing scores for each part of the examination, and may refuse to allow any applicant not achieving a minimum passing score in one part of the examination from proceeding with subsequent parts of the examination

E. Method of Testing. The qualifications and fitness of applicants shall be determined either individually or in a group or groups by one or more of the following methods:

1. Written tests.

2. Oral tests of knowledge or ability.

3. Interviews covering qualifications, education, training and/or experience.

4. Performance/assessment center examinations (working tests).

5. Physical tests of strength, stamina, agility or dexterity.

6. Evaluation of education, training, experience, or other qualifications as shown by the applications, by other information submitted, or by the record.

7. Any other appropriate measure of fitness.

F. Time and Place of Examination. Whenever applicants are required to appear for an examination, the time and place shall be designated in the official bulletin or the applicants shall be notified in person, by mail, or by telephone. Any examination under this rule held outside of the town of Eatonville may be administered by any person designated to give the examination by the secretary/chief examiner.

G. Postponement or Cancellation of Examinations. The administration of an examination, or any part thereof, may be postponed or canceled at any time. Notice of such postponement or cancellation shall be posted on the official bulletin board and mailed or telephoned to the applicants. In an emergency, where time does not permit such notice, an examination may be postponed or canceled or the place of examination changed by positing a notice on the official bulletin board as soon as possible and in a conspicuous location at the time and place originally set for the examination.

H. Late Applicants. Whenever applicants are required to assemble for a test, no applicant will be admitted after the designated time except at the discretion of the secretary/chief examiner.

I. Inability to Appear. If an applicant is unable to appear at the time or place designated, the secretary/chief examiner may, at his or her discretion, arrange to give the applicant the examination at another time or place, if the secretary/chief examiner finds:

1. That substantial and sufficient reasons exist for the inability to appear;

2. That no fraud will be perpetrated; and

3. That no person taking the examination will be materially prejudiced or assisted in passing the examination by reason of such special privilege.

If such examination is administered, it will be conditional on the signing of an affidavit by the applicant to the effect that he or she has no prior knowledge of the examination content.

J. Eatonville Reserve/Volunteer Service Preference. In a competitive examination for a civil service position, preference points may be provided to candidates with documented service as an Eatonville police reserve officer or an Eatonville volunteer firefighter. The applicability of preference points and the method for determining the total number of points available for an examination shall be determined by the commission in authorizing an examination.

K. Veteran’s Preference. In all competitive examination for entrance into the civil service, in addition to all other credits, a credit of 5 or 10 percent, based on the military retirement status of the candidate, of the final earned average score in such examination shall be given to a candidate who has, or who shall have, served in any branch of the armed forces of the United States and has received the armed forces expeditionary medal, or Marine Corps and Navy expeditionary medal, for opposed action on foreign soil. A “period of war” includes World War I, World War II, the Korean conflict, the Vietnam era, the Persian Gulf War, and the period beginning on the date of any future declaration of war by the Congress and ending on the date prescribed by presidential proclamation or concurrent resolution of the Congress; provided, that the applicant:

1. Has received an honorable discharge;

2. Has received a discharge for physical reasons with an honorable record;

3. Has been released from active military service with evidence of service other than that for which a general, undesirable, bad conduct, or dishonorable discharge shall be given;

4. Applies the preference point option within eight years of the date of release from active service, in accordance with RCW 41.04.010;

5. Furnishes a Form DD 214 as proof of active military service; and

6. Has not previously been awarded the veteran’s preference credits under Washington state law to obtain a position.

L. Promulgation and Notification of Test Results. After all parts of an examination have been completed and scored, the secretary/chief examiner shall promulgate an eligibility list, subject to approval by the commission by motion, and an applicant shall be notified:

1. When passing, of the total score, including veteran’s preference credit and relative standing where applicable, and the days during which the applicant may inspect their papers.

2. When failing, of the failure to achieve a passing grade, and the days during which the applicant may inspect their papers.

M. Inspection of Rating Standards. The applicants shall be allowed a period of five business days, following the mailing date of notification of examination results, in which each applicant may inspect their answers and the rating standards by which he or she has been rated during any part of the examination, except that copyrighted or standardized tests shall not be subject to review. During such inspection, the applicant shall not be allowed to remove copies of any of the test questions or answers from the inspection room where all protests must be completed.

N. Protests Against Ratings to the Secretary/Chief Examiner. An applicant who believes that an error has been made may, during the final five-day period referred to in the preceding rule, make a protest in writing, stating specifically where he or she believes the error has been made. Each protest shall be in writing and shall give specific facts and reasons to support the protest. No protest may be made after the five-day period. Upon receipt of a written protest or request for re-rating, a review of the protest shall be made by the secretary/chief examiner, who shall pass on all such protests or requests and make necessary correction in grades or rating.

O. Report on Examination. After the expiration of the five-day period and after the secretary/chief examiner has passed on all protests and has corrected any errors, a complete report on each examination shall be submitted to the commission, including a report on all protests in connection with the examination and the disposition of such protests, and shall rank the applicants according to their relative scores.

P. Appeal to Commission. Any persons aggrieved may appeal to the commission from the ruling of the secretary/chief examiner in writing within five business days after the report of examination has been placed in the hands of the civil service commission. No correction made by the secretary/chief examiner or by the commission shall affect an appointment made from a certification which occurred prior to the correction.

Q. Correction of Clerical Errors. Any clerical error may be corrected by the secretary/chief examiner upon discovery at any time during the life of the eligibility list, but no such correction shall affect an appointment made from a certification made prior to the correction.

R. Rules Peculiar to Written Examination. Written examinations shall be copyrighted or standardized tests and shall be given, supervised and graded by the secretary/chief examiner, provided, that the chief examiner may appoint qualified assistant examiners to facilitate the conduct of any examination.

S. Rules Peculiar to Oral Examinations. The commission shall designate qualified and competent persons to serve as an oral examiner, or as an oral review board to conduct any oral examinations. If the selected examiner or examiners submit suggested questions to be asked, they shall submit recommended answers to the chief examiner.

T. Permanent Record of Examination. The commission shall preserve the following record of each examination for a period of five years from the date of examination:

1. All copies of the written examination.

2. All questions, submitted by the examiner for the oral examination and the answers thereto.

3. The explanatory statement concerning the standards and relative weights assigned to each examination.

4. The individual answers given by each applicant in those parts of the examination when answers on record thereto can be maintained.

5. A summary or narrative statement of the examination showing the method of testing used or the general nature of the examination, the weights of the various part, the time and place each part was given, the minimum scores required, if any, and the names of the examiners.

U. Promotional Examinations. Vacancies in job classes that represent promotional opportunities for covered employees may be filled by promotion, if, in the judgment of the commission it is practicable to do so. Upon showing from the appointing authority that special training and knowledge gained within a department are essential to the proper filling of the vacancy, the commission may limit an examination to current eligible employees within the department.

V. Scope of Recruitment. The commission, in reviewing requests for examinations, shall determine whether the recruitment for the examination shall be open to applicants who are not presently employed by the town or whether the recruitment shall be limited to current town employees, either civil service covered or non-civil service covered. In making this determination, the commission will consider the recommendation of the appointing authority and comments by employees or interested members of the public. If the appointing authority establishes that the position requires special knowledge and training available only in one particular department, the recruitment may be limited by the commission to a specific department. (Ord. 98-09 § 4, 1998).

2.34.080 Qualifications – Generally.

A. An applicant for a position of any kind under this chapter must be a citizen of the United States of America who can read and write the English language.

B. An applicant for a position of any kind under this chapter must be of an age suitable for the position applied for, in ordinary good health, or good moral character and temperate and industrious habits. These factors shall be ascertained in such manner as the commission may deem advisable; provided, that this section shall not be interpreted as requiring applicants to meet the minimum medical or age requirements required by the state LEOFF system for membership in that system. (Ord. 84-1 § 98, 1984).

2.34.090 Qualifications – Residency.

Neither the town nor the commission shall require any person applying for or holding an office, place, position, or employment under the provisions of this chapter to reside within the limits of the town as a condition of employment; provided, police officers shall reside within a proximity specified by ordinance. (Ord. 84-1 § 9, 1984).

2.34.100 Penalties for prohibited behavior or acts.

The tenure of everyone holding office, place, position, or employment under the provisions of this chapter, except the chief of police, 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 by the appointing authority for any of the following reasons:

A. Incompetency, inefficiency, or inattention to or dereliction of duty;

B. Insubordination;

C. Dishonesty, intemperance, immoral conduct, discourteous treatment of the public, discourteous treatment of a fellow employee, or any other act of omission or commission tending to injure the public service; or any other wilful failure on the part of the employee to properly conduct himself; or any wilful violation of the provisions of this chapter or the rules and regulations to be adopted hereunder;

D. Mental or physical unfitness for the position which the employee holds;

E. Dishonest, disgraceful, immoral or prejudicial conduct;

F. 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 the civil service;

G. Conviction of a felony, or of a misdemeanor involving moral turpitude;

H. Any other act or failure to act which in the judgment of the commissioners is sufficient to show the offender to be an unsuitable and unfit person to be employed in the public service. (Ord. 84-1 § 10, 1984).

2.34.110 Demotions of chiefs of police or fire chiefs.

The person holding the position of chief of police or fire chief may be demoted or terminated by the mayor and a new chief appointed, and the provisions of this chapter shall have no application of the offices of chief of police or the fire chief, except as otherwise required under Chapters 41.08 and 41.12 RCW. (Ord. 96-05 § 6, 1996; Ord. 84-1 § 11, 1984).

2.34.120 Removal, suspension, demotion, or discharge – Investigation.

A. No person except the chief of police and/or the fire chief in the classified civil service of the police or fire department who shall have been permanently appointed or inducted into civil service under the provisions of this chapter shall be removed, suspended, demoted or discharged by the appointing authority except for cause, and only upon written accusation of the appointing power, 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. Any person so removed, suspended, demoted, or discharged may within 10 days from the time of his removal, suspension, demotion, or discharge file with the commission a written demand for an investigation. The investigation shall be confined solely 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, or on the grounds authorized by state law. After such an investigation the commission may affirm the action of the appointing authority, 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 re-employment of such person in the office, place, position or employment from which the 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 time to time of such removal, suspension, demotion, or discharge. The commission upon such investigation may, in lieu of affirming the removal, suspension, demotion, or discharge, modify the order of removal, suspension, demotion, or discharge only by directing a suspension without pay for a given period, and subsequent restoration to duty, or demotion in classification, grade, or pay. The findings of the commission shall be certified in writing to the appointing authority and shall be forthwith enforced by such officer.

B. 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 and to the appointing authority 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 defense. If such judgment or order is concurred in by the commission or a majority thereof, the accused may appeal therefrom to the court of original and unlimited jurisdiction in civil suits of the county wherein he resides. Such appeal shall be taken by serving the commission within 30 days after the entry of such judgment or order, a written notice of appeal, stating the grounds thereof, and demanding that a certified transcript of the record and of 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 10 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 of removal, discharge, demotion, or suspension made by the commission was or was not made in good faith for cause, and no appeal to such courts shall be taken except upon such ground or grounds. (Ord. 96-05 § 7, 1996; Ord. 84-1 § 12, 1984).

2.34.130 Filling of vacant positions.

A. Whenever a position in the classified service becomes vacant, the appointing power, if he or she desires to fill the vacancy, shall make requisition upon the commission for the names and addresses of three persons eligible for appointment thereto. Upon request of names to fill a vacancy, the secretary/chief examiner shall certify to the appointing authority the names of the three persons standing highest on the appropriate eligible list, pursuant to subsection (I) of this section, who are willing to accept the position for which certification is made.

B. If there is no appropriate eligible list for the class, the secretary/chief examiner shall certify the names of three persons standing highest on the list held appropriate for such class. If more than one vacancy is to be filled, an additional three names shall be certified for each additional vacancy. The appointing authority shall appoint a person to such vacant position from among the names submitted.

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 exists, the commission shall forthwith certify the names of the three persons highest on the list and eligible for appointment to the appointing power, and the appointing authority shall appoint a person from among those so certified to the position. No person appointed shall be laid off, suspended, or given leave of absence from duty, transferred, or reduced in pay or grade by the appointing authority except for reasons which will promote the good of the department, specified in writing, after an opportunity to be heard by the commission shall be given the employee affected if requested by the employee within 10 days of the action.

D. To further 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, during which the appointing power may terminate the employment of the person appointed if, during the performance test thus afforded, upon observation or consideration for the performance of duty, the appointing power deems him or her unfit or unsatisfactory for service in the department, whereupon the appointing power shall again request the names of three persons certified as standing next highest on any such list, and select one from among the three names submitted, who likewise shall 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.

E. Priority of Lists. Certification to fill a vacancy shall be made by the civil service commission secretary/chief examiner from eligibility lists in the following order:

1. Re-employment;

2. Promotional;

3. Reduction;

4. Reversion;

5. Open competitive list and the lateral entry list with the top three candidates being chosen from a combination of both lists.

Certification from the lateral entry list will be as provided in EMC 2.34.135.

F. Withholding Names from Certification or Removing Names from Eligibility Lists. The names of an eligible shall be withheld from certification or removed from an eligibility list when the person:

1. Expresses unwillingness or inability to accept appointment, or refuses offer of an appointment without adequate explanation;

2. Fails to respond within 10 business days next succeeding the mailing of written inquiry regarding availability for regular employment or fails to respond within five business days of request to appeal for interview regarding such employment;

3. Fails to report for duty at the time agreed upon after having accepted an appointment;

4. Cannot be reached in time for appointment when immediate temporary employment is required, but this shall apply only to such immediate temporary employment;

5. Has accepted temporary appointment from the list and is so employed at time of certification for other temporary employment;

6. Fails to present the license, registration, certificate or any other credentials required; the name of any such eligible may be restored for certification when the particular requirement has been met;

7. Fails to maintain a record of current address with the commission as evidenced by the return of properly addressed unclaimed letter, or other evidence;

8. Willfully violates any of the provisions, of these rules or any applicable law;

9. Resigns from the service; or

10. Is appointed to a regular position from a certified list.

G. Restoration to Certification. When the name of a person has been withheld from an eligibility list or from certification or has been removed from the list, it may be restored thereto by the secretary/chief examiner or by the commission on appeal taken within five business days after notice of the decision, only under the following circumstances:

1. Where the withholding or removal was because of the unwillingness or inability of the employee to accept an appointment, or failure to respond to inquiry as to availability, to appear for an interview, or to present themselves for duty, and the applicant presents a valid reason for such unwillingness, inability, or failure, and certifies to the secretary/chief examiner that they are now willing and able to accept appointment;

2. Where the withholding or removal was for a valid reason and such reason no longer exists.

H. Effect of Removal, Withholding, or Restoration. The removal or withholding of a name shall automatically advance all of the names below it on the eligibility list.

1. Restoration of the name to an eligibility list under these rules shall not affect an appointment from any certification made before such name was restored or added.

2. The acceptance or refusal by an eligible or temporary appointment shall not affect the applicant’s certification from the eligibility list for regular appointment.

I. Appointment of Eligible Candidates. In filling vacancies by appointment from an eligibility list, the secretary/chief examiner, pursuant to the request of the appointing authority, shall certify in writing to the appointing authority the names of the three persons highest on the eligibility list for each vacancy. A copy of this certification shall be presented to the commissioners at their next regular meeting.

1. The appointing authority shall attempt to appoint one of those certified persons to such vacant position. In the event the appointing authority, for a good cause, cannot make on appointment of one of the persons on the certified list of names, then the appointing authority shall request the submission of three additional names of persons next highest on the eligibility list, if such are available, whereupon the appointing authority shall effectuate an appointment of one of those additional certified persons to such vacant position. If the appointing authority finds good cause to reject each of the certified persons on the first list of three, a report in writing from the appointing authority shall be provided to the commission explaining the reasons why an appointment to the vacant position could not be made. (Ord. 98-09 § 5, 1998; Ord. 96-05 § 8, 1996; Ord. 84-1 § 13, 1984).

2.34.131 Promotions – Adopted.

Promotions from within shall be the primary method of filling vacancies for higher levels in the police/fire department except for the police or fire chief, provided there are at least two officers that meet the requirements of the job description in which the vacancy is open. If there are not at least two that qualify from within, officers from other departments (lateral hires) may compete for promotion, if they meet the requirements of the job description. All promotion applicants shall take the appropriate tests and oral exam. (Ord. 96-05 § 1, 1996).

2.34.135 Lateral eligibility list created.

A. An eligibility list shall also be created from the names of persons employed for at least 24 of the past 36 months in a full-time paid position in a civilian law enforcement agency.

B. Qualifications. In order to be considered for employment as lateral entry, an applicant must meet the following requirements:

1. Must have been employed for at least 24 of the last 36 months prior to application as a full-time paid employee of a law enforcement agency;

2. Must have been employed with the current or most recent public safety employer for 12 consecutive months in the classification for which application is being made and must have successfully completed the probationary period with that employer;

3. Law enforcement applicants must have satisfactorily completed the Washington State Criminal Justice Training Commission basic law enforcement academy or its equivalent.

4. All applicants must meet physical, medical and background standards as provided by civil service rules.

C. Method of Testing. Eligibility lists shall be promulgated as provided for in EMC 2.34.130.

D. Certification and Appointment. Upon request for certification of names to fill a vacancy, the secretary/chief examiner may certify names of persons standing highest on the lateral entry list, without providing names from the open competitive list. The appointing authority will provide the commission with a written request and rationale for certification from the lateral entry list. (Ord. 98-09 § 6, 1998).

2.34.140 Creation of positions by mayor and town council.

All offices, places, positions and employments coming within the purview of this chapter shall be created by the mayor subject to confirmation by the town council, who are vested by law with power and authority to create, select, appoint, or employ any person coming within the purview of this chapter, and nothing contained in this chapter shall infringe upon the power and authority of the mayor and town council to create or eliminate positions, or fix the salaries and compensation of all employees employed hereunder. (Ord. 84-1 § 14, 1984).

2.34.150 Leave of absence.

Leave of absence without pay may be granted by the appointing power to any person under civil service; provided, that the appointing power shall give notice of such leave to the commission. The appointment of any person on a full-time temporary basis to fill a vacancy caused by a leave of absence shall be made from the eligible list of the classified civil service. (Ord. 84-1 § 15, 1984).

2.34.160 Representation by town attorney.

The commission shall be advised in the performance of its duties as outlined in this chapter by the attorney for the town. The commission, with the approval of the mayor, may appoint special counsel to represent it where a conflict of interest may prohibit the town attorney from representing the commission. (Ord. 84-1 § 16, 1984).

2.34.170 Illegal acts regarding examination or registration.

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 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 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 (im)personate him, in connection with any examination or registration of application or request to be examined or registered. (Ord. 84-1 § 17, 1984).

2.34.180 Political service and contributions.

No person holding any office, place, position, or employment subject to civil service is under any obligation to contribute to any political fund or to render any political service to any person or party whatsoever, and no person shall be removed, reduced in grade or salary, or otherwise prejudiced for refusing to do so. No public officer, whether elected or appointed, shall discharge, promote, demote, or in any manner change the official rank, employment or compensation of any person under civil service, or promise to threaten to do so, for giving or withholding or neglecting to make any contribution of money, or services, or any other valuable thing, for any political purpose. (Ord. 84-1 § 18, 1984).

2.34.190 Accommodations to be provided by town.

The duly constituted authorities of the town shall provide the commission with suitable and convenient room and accommodations and cause the same to be furnished, heated and lighted and supplied with office supplies and equipment necessary to carry on the business of the commission and with such clerical assistance as may be necessary, all of which is to be commensurate with the number of persons in the town coming within the purview of this chapter. (Ord. 84-1 § 19, 1984).

2.34.200 Duty of the commission to carry out provisions.

It shall be the duty of the commission appointed subject to the provisions of this chapter to immediately organize and see to it that the provisions hereof are carried into effect, and to this end to make suitable rules and regulations not inconsistent with the purpose of this chapter, for the purpose of carrying the provisions of this chapter into effect. (Ord. 84-1 § 20, 1984).

2.34.202 Investigations.

A. When necessary, the commission shall make investigations concerning the report upon matters relating to 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. Such investigations may be made by the commission or by a 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 investigations on petition of a citizen, duly verified in writing, stating that irregularities or abuses exist, or setting forth in writing, in concise language, the necessity for such investigation.

B. In the course of such investigation, the commission, or designated commissioner or chief examiner, shall have the power to administer oaths, subpoena and require 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 the superior court.

C. The oaths administered hereunder and subpoenas issued hereunder shall have the same force and effect as the oaths administered by a superior court judge in their judicial capacity.

D. 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. (Ord. 98-09 § 7, 1998).

2.34.204 Hearings.

A. All hearings and investigations before the commission, or designated commissioner or chief examiner, shall be governed by this chapter and by the rules of practice and procedure to be adopted by the commission.

B. In the conduct thereof, neither the commission nor designated commissioner shall be bound by the technical rules of evidence. No informality in the 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. (Ord. 98-09 § 8, 1998).

2.34.210 Duty of town officers and employees to aid commission.

It shall be the duty of all officers and employees of the town to aid in all proper ways of carrying out the provisions of this chapter, and such rules and regulations as may from time to time be prescribed by the commission thereunder, and to afford the commission, its members and employees all reasonable facilities and assistance to inspect books, papers, documents and accounts applying to any offices, places, positions and employments, subject to civil service, and also to produce the books, papers, documents and accounts, and attend and testify, whenever required to do so by the commission or any commissioner. (Ord. 84-1 § 21, 1984).

2.34.220 Appropriation of funds.

For the purpose of carrying out the provisions of this chapter, the town authorizes from the general fund not to exceed four-tenths of one percent of the total payroll of those included under the jurisdiction and scope of this chapter; provided, however, that if the town council makes an appropriation for the support of the commission equal to or more than the continuing appropriation in any year, this section shall not be operative for the year but otherwise shall be in full force and effect. (Ord. 84-1 § 22, 1984).

2.34.230 Payroll review.

The monthly payroll providing for the payment of salary, wage, or other compensation for services to any person subject to the jurisdiction and scope of this chapter may be reviewed by the commission, its secretary, or other duly authorized agent to ascertain that the persons to be paid, the amount to be paid each person and the services on account of which it is paid are persons who have been appointed or employed in compliance with this chapter. (Ord. 84-1 § 23, 1984).

2.34.240 Violation – Penalty.

Any person who wilfully violates any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided in this code. (Ord. 84-1 § 24, 1984).