Chapter 2.12
CIVIL SERVICE FOR CITY POLICE
Sections:
2.12.010 Purpose – Interpretation.
2.12.030 Commissioners – Terms.
2.12.040 Commissioners – Removal – Vacancy.
2.12.050 Commissioners – Quorum – Voting.
2.12.060 Commissioners – Organization – Meetings.
2.12.070 Secretary/Chief Examiner – Appointment – Duties – Suspension or removal.
2.12.080 Commissioners – Powers and duties.
2.12.090 Investigative powers.
2.12.100 Repealed.
2.12.010 Purpose – Interpretation.
The provisions of this chapter and the rules and regulations to be promulgated thereunder by the Everson Police Civil Service Commission are intended and shall be construed so as to substantially accomplish the purpose of Chapter 41.12 RCW in establishing the civil service system required therein. [Ord. 401 § 1, 1990.]
2.12.020 Everson Police Civil Service Commission – Created – Appointment – Compensation – Eligibility.
There is hereby created the Everson Police Civil Service Commission which shall be composed of three persons, no more than two of whom may be adherents of the same political party. The Commissioners shall be appointed by the Mayor and shall serve without compensation. Mayoral appointments to the Commission shall not require confirmation by the City Council. No person may be appointed Commissioner who is a member of the Everson Police Department, or who is not a U.S. citizen, a resident of the City for at least three years, or an elector of Whatcom County. [Ord. 401 § 1, 1990.]
2.12.030 Commissioners – Terms.
The term of office of a Commissioner shall be six years, except that in order to establish serial terms of office, the Mayor shall designate one of the initial appointees to a two-year term and a second appointee to a four-year term. [Ord. 401 § 1, 1990.]
2.12.040 Commissioners – Removal – Vacancy.
Any Commissioner may be removed from office by the Mayor for incompetency, incompatibility or dereliction of duty, or malfeasance in office, or other good cause. No Commissioner may be removed from office, however, until charges have been preferred in writing, and a full hearing had before the Mayor upon due notice.
Any vacancy in the office of Commissioner on account of death, resignation or removal shall be filled by temporary or permanent Mayoral appointment of an otherwise eligible person to the unexpired term of the vacancy. [Ord. 401 § 1, 1990.]
2.12.050 Commissioners – Quorum – Voting.
Any two Commissioners shall constitute a quorum for the transaction of business, and the vote(s) of at least two Commissioners shall be necessary and sufficient for any decision, motion or action. The chair shall not be restricted from voting on any matter. [Ord. 401 § 1, 1990.]
2.12.060 Commissioners – Organization – Meetings.
Immediately after appointment the Commission shall organize by electing one of its members to serve as chair. The Commission shall adopt a schedule of regular monthly meetings, and shall conduct such other meetings as may be required for the proper discharge of its duties. All meetings shall be open and subject to the Open Public Meetings Act, Chapter 42.30 RCW. The chair may be removed and redesignated at any time upon the vote of two Commissioners. [Ord. 401 § 1, 1990.]
2.12.070 Secretary/Chief Examiner – Appointment – Duties – Suspension or removal.
The Commission shall appoint a Secretary/Chief Examiner on the basis of a competitive examination open to any person otherwise qualified to be a commissioner.
The Secretary/Chief Examiner shall keep the records of the commission, preserve all reports made to it, superintend and keep a record of all examinations held under its direction, and perform such other duties as the Commission shall prescribe.
The Secretary/Chief Examiner may be suspended or discharged in the same manner provided in the rules and regulations of the Commission for the discipline of police officers.
The Secretary/Chief Examiner shall not be compensated except as may be provided pursuant to an ordinance codified or to be codified in Chapter 2.16 EMC. [Ord. 401 § 1, 1990.]
2.12.080 Commissioners – Powers and duties.
The Commissioners shall devote due time and attention to the performance of their duties as imposed by this chapter or by Chapter 41.12 RCW. In particular, the Commission shall perform the duties required by RCW 41.12.040(1) through (10), summarized as follows:
A. To promulgate rules and regulations, and amend the same from time to time as deemed necessary;
B. To provide for, formulate and conduct competitive employment tests upon which it may establish a prioritized employment list;
C. To provide for veterans’ preference credits;
D. To investigate any matter relating to police employment, to inspect all locations and equipment of police employment;
E. To conduct hearings if necessary in the conduct of any investigation;
F. To hear and determine appeals of administrative or departmental decisions affecting police officers;
G. To establish and maintain a roster of covered officers and employees;
H. To provide for appropriate recognition of seniority in the event of layoffs;
I. To certify the prioritized employment list to the appointing authority; and/or
J. To maintain suitable records. [Ord. 401 § 1, 1990.]
2.12.090 Investigative powers.
The Commission shall have the power and authority to make investigations itself, by any designated Commissioner, or by the Secretary/Chief Examiner. During any such investigation, the investigating body or person shall have the power to administer oaths, subpoena and require the presence 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 and without this State. Any oaths administered and any subpoenas issued hereunder shall have the same force and effect as oaths issued in the capacity of a Superior Court Judge.
The investigating body or person shall not be bound by technical rules of evidence, and no informality in any proceeding or hearing, or in the manner of taking testimony, shall invalidate any action of the Commission. [Ord. 401 § 1, 1990.]
2.12.100 Police Chief excluded – When.
Repealed by Ord. 677. [Ord. 401 § 1, 1990.]