Chapter 2.68
CIVIL SERVICE1
Sections:
2.68.020 Civil service commission.
2.68.060 Recruitment and applications.
2.68.080 Conditions of employment.
2.68.100 Employee suspension, termination or reduction in rank.
2.68.010 Definitions.
A. “Acting appointment” means the appointment of a person to a position higher than his permanent civil service classification.
B. “Applicant” means a person who has formally applied for employment for a classified position in accordance with the City Charter and ordinances.
C. “Appointive officer” means anyone appointed by the mayor to an unclassified position in accordance with the City Charter and city ordinances.
D. “Certification” means the formal process of the civil service commission or its designee approving the establishment of an eligibility list.
E. “Class” means a position or group of positions sufficiently alike so that a single descriptive class title can be used for all positions in the class and so that the knowledge, abilities and skills required for success in the position are comparable enough to make practical a general standard for recruitment and so that the levels of difficulty and responsibility of the positions are so nearly equal that the same salary range can be used.
F. “Classification” means the process of assigning a position to a class within the classification plan.
G. “Day laborer” means an employee occupying a position intended to be occupied on less than a year around basis to cover seasonal peak work loads, emergency work loads of limited duration, necessary vacation relief and other situations involving fluctuating staff.
H. “Eligibility list” means a list of names of all persons passing an examination arranged in order of final scores earned, from the highest to the lowest passing score.
I. “Layoff” means termination by reduction of force.
J. “Merit” means a system of appointing and promoting personnel by a competitive examination.
K. “Open and competitive examination” means an examination, as determined by the civil service commission, to establish an eligibility list for a classified position, which is open to anyone meeting the basic requirements as stated in the call for applicants.
L. “Position” means a group of current duties and responsibilities assigned by competent authority requiring the employment of one person.
M. “Probationary employee” means an employee in a classified position who has not yet completed the probationary period.
N. “Promotion” means the assignment of an employee to a position in a higher classification having a higher minimum and maximum salary than the position from which his assignment is made.
O. “Promotional examination” means an examination open only to city employees who meet the requirements as stated in the call for applicants.
P. “Reduction in rank” means the movement of an employee from one classification to another classification having a lower rate of pay, excluding reclassification.
Q. “Suspension” means a permanent or temporary cessation or reduction of wages.
R. “Temporary appointment” means the appointment of a person having no civil service status to a classified position.
S. “Termination” means the involuntary separation of any employee of the city by the appointing authority.
T. “Uniformed/uniformed service” means the classifications of police officer and subsequent ranks; firefighter and subsequent ranks. (Ord. 3721-19 § 5, 2019: Ord. 1069-84 § 14, 1984)
2.68.020 Civil service commission.
A. The Everett civil service commission shall:
1. Provide for the classification of all employees except day laborers and appointive officers;
2. Provide for open and competitive examinations as to qualifications and fitness;
3. Provide for an eligibility list from which all vacancies shall be filled, except those specifically exempted by the city council;
4. Provide for a period of probation before employment is made permanent;
5. Provide for promotion on the basis of merit, experience and record;
6. Hear appeals from suspension, terminations and reductions in rank; and administer oaths, issue subpoenas and require the attendance of witnesses and the presentation of documents as required in hearings. If the commission deems it appropriate the commission may provide for the appointment of a hearing examiner who may hear the appeals. Any hearing examiner so appointed shall be paid such reasonable fees as may be determined by the city council;
7. Keep records of their proceedings.
B. The commission, through the exercise of these rights, powers and duties, will enable the city to substantially accomplish the purpose of RCW Chapters 41.08 and 41.12.
C. The council may by ordinance confer upon the commission such further rights and duties as may be deemed necessary to enforce and carry out the principles of Article VIII of the City Charter and this chapter. (Ord. 3721-19 § 1, 2019: Ord. 1069-84 § 3, 1984)
2.68.030 Types of employment.
Classified positions shall be considered as all positions except those held by appointive officers or day laborers or otherwise exempted by City Charter. Classified positions shall be filled in the following manner:
A. For Vacancies in Nonpromotional Processes.
1. For uniformed classifications, an appointment of one of the ten top-ranked applicants on an appropriate certified eligibility list.
If multiple vacancies exist, the number of applications on the appropriate certified eligibility list to be considered shall be the top ten plus two times the number of vacancies. For example, the sixteen top-ranked applicants on an appropriate certified eligibility list should be considered for three openings for original appointments in a uniformed classification.
2. For nonuniformed classifications, an appointment of one of the five top-ranked applicants on an appropriate certified eligibility list.
If multiple vacancies exist, the number of applications on the appropriate certified eligibility list to be considered shall be the top five plus two times the number of vacancies. For example, the eleven top-ranked applicants on an appropriate certified eligibility list should be considered for three openings for original appointments in a nonuniformed classification.
B. For Vacancies in Promotional Processes.
1. An appointment of one of the three top-ranked applicants on an appropriate certified eligibility list.
For multiple vacancies in the above-referenced promotional appointments, the number of applicants on the appropriate certified eligibility list to be considered shall be two times the number of vacancies. For example, the six top-ranked applicants on an appropriate certified eligibility list should be considered for three openings for promotional appointments.
C. An Acting or Temporary Appointment. Such appointments in the nonuniformed city service shall be for a period not exceeding ninety days, subject to two extensions of additional periods not exceeding thirty days each when granted, in necessary cases, by the civil service commission or its designee. Acting or temporary appointments in uniformed city service may be made for a period not exceeding six months, subject to extensions of additional periods not exceeding thirty days each in accordance with the above procedure. Except for uniformed services, no temporary or acting appointment shall continue beyond a thirty-day period after the certification of an appropriate eligibility list of three or more names. (Ord. 3721-19 § 2, 2019: Ord. 1069-84 § 4, 1984)
2.68.040 Eligibility lists.
A. After an examination, an eligibility list shall be prepared and kept available. The scores used to establish the list shall include veterans credit if applicable under RCW Chapter 41.04. Whenever identical ratings are earned, as the result of an open and competitive examination, they shall be considered as equal in rank. Whenever identical ratings result from a promotional examination, seniority shall be the deciding factor in determining the ranking of eligibles.
B. Open and competitive eligibility lists shall be valid for one calendar year from the date of certification. An open and competitive eligibility list may be abolished when fewer than three names remain on it.
C. Promotional eligibility lists shall be valid for two or three calendar years from date of certification. Prior to the application process, the personnel officer shall determine whether such a list shall be a two or three year list. When fewer than three names remain on a promotional eligibility list, or when mutually agreed upon as being necessary for the efficient operation of a department, another examination may be administered with the resultant eligible names added onto the current list, with those from the prior examination remaining at the top of the composite list until the time during which they are valid expires.
D. Anyone on an eligibility list who declines an appointment shall be removed from the list, subject to the discretion of the personnel officer.
E. Acceptance of a temporary or acting appointment to any position shall not cause an eligible applicant to lose his/her standing on an eligibility list. (Ord. 1872-92 § 1, 1992; Ord. 1069-84 § 5, 1984)
2.68.050 Examination.
The examination process for employment with the city must be practical, impartial and must satisfactorily measure the applicant’s ability and fitness to fill the position for which a particular examination is given. (Ord. 1069-84 § 6, 1984)
2.68.060 Recruitment and applications.
A. Public announcements for all examinations shall be conspicuously posted in the human resources office for a minimum of two weeks prior to the final filing date.
Announcements may be posted elsewhere and copies shall be sent to interested applicants and to each labor organization recognized by the city. Other appropriate forms of public notice may be used to attract qualified applicants.
B. The chief examiner has the authority to establish recruiting procedures and techniques that in their judgment will result in the most successful recruitment possible.
C. Announcements for examinations shall include not less than:
1. The class title;
2. A statement of duties, qualifications, responsibilities and salary range;
3. The place for filing and the final filing date;
4. Such other information as will help the applicants understand the nature of employment and the procedures for participating in the examination. (Ord. 3721-19 § 3, 2019: Ord. 1069-84 § 7, 1984; prior code § 1.14.080)
2.68.070 Classification plan.
The classification plan shall serve as a complete inventory of all positions in the city service including an accurate description and specifications for each class of employment. (Ord. 1069-84 § 8, 1984)
2.68.080 Conditions of employment.
A. No employee shall participate in any outside business activity or employment which conflicts with or detracts from the employee’s job performance.
B. All new employees shall be subject to a six-month probationary period unless otherwise designated by the Everett Civil Service Rules. All promotional employees shall be subject to a six-month probationary period. A new probationary employee may be terminated with no right of appeal. A promotional probationary employee may be reduced in rank to his last held permanent position with no right of appeal. No officer or employee of the city shall solicit or receive any pay, commission, money or thing of value, or derive any benefit, profit or advantage, directly or indirectly, from or by reason of any improvement, alteration or repair required by authority of the city, or any contract to which the city shall be a party, except his lawful compensation or salary as such officer or employee. No officer or employee of the city, except as otherwise provided in the Charter, shall solicit, accept or receive, directly or indirectly, from any public service corporation, or the owner of any public utility franchise in this city, any pass, frank, free ticket or any other service upon terms more favorable than those granted to the public generally. (Ord. 1572-89 § 1, 1989; Ord. 1069-84 § 9, 1984)
2.68.090 Reclassification.
Reclassification may take place if a classified employee believes in good faith that his position is improperly classified. Such employee, or his union on his behalf, may file a written request with the personnel officer for an investigation and determination of the proper classification of the position. Reclassification may also take place if a department head believes it to be necessary or desirable and files a written request with the personnel officer. The request must state particular and pertinent facts involved and the reasons for making the request and must be signed by the particular employee or department head. The personnel officer must undertake the investigation and recommend appropriate action to the civil service commission. (Ord. 1069-84 § 10, 1984)
2.68.100 Employee suspension, termination or reduction in rank.
A classified employee may be suspended, terminated or reduced in rank only for cause as determined by the civil service commission. (Ord. 1069-84 § 11, 1984)
2.68.110 Employee evaluation.
The personnel officer shall, with the approval of the civil service commission, establish a system for periodic performance evaluation of the classified employees of the city. (Ord. 1069-84 § 12, 1984)
2.68.120 Leave of absence.
If the city grants a leave of absence without pay, the chief examiner shall provide notice of such leave of absence without pay to the civil service commission. (Ord. 3721-19 § 4, 2019: Ord. 1069-84 § 13, 1984)
For statutory provisions regarding civil service for city firemen, see RCW Ch. 41.08; for the provisions regarding civil service for city policemen, see RCW Ch. 41.12; for the provisions concerning veterans preference in civil service system, see RCW 41.04.005—41.04.010. For the Charter provisions concerning civil service, see Charter Art. VIII.