Chapter 2.52 POLICE DEPARTMENT

A. “Allocate” means to locate or place a position in the appropriate class on the basis of similarity of duties and responsibilities or required qualifications.

B. “Appointing authority” means the city manager of the city of Fife.

C. “Appointment, provisional” means the appointment of a person to a position in the absence of an appropriate eligibility list for the class or in the absence of an appropriate provisional eligibility list when an emergency exists.

D. “Appointment, temporary” means appointment of a person to a position other than on a permanent or probationary status to fill a temporary/short-term need.

E. “Certification” means a list of names from an eligible register transmitted by the civil service commission to the appointing authority from which such appointing authority may fill a vacancy.

F. “City” means the city of Fife.

G. “Class” means a group of positions sufficiently similar in duties and responsibilities so that the same title may reasonably be used for each position, the same qualifications may be required, and approximately the same salary range may be applied with equity.

H. “Classified service” consists of all full-time, full-paid positions in the city of Fife police department that are designated classified civil service in FMC 2.52.040.

I. “Commission” means the civil service commission of the city of Fife.

J. “Demotion” means the removal of an employee from a higher to a lower class of employment.

K. “Discharge” means termination, separation, dismissal or removal from the classified service for just cause.

L. “Eligible” means qualified for a given class through examination and placed on the appropriate eligible register.

M. “Eligibility list and eligible register” means a list of successful examinees for a given class arranged in order of scores, who are eligible for an appointment to a position in the classified service.

N. “Employee” means a person who is legally employed in the classified service of the city.

O. “Employee, permanent” means an employee who has been appointed from a certification and who has successfully completed his probationary period.

P. “Examination” means the process of testing the fitness and qualifications of applicants for positions in a specific class.

Q. “Full-paid” means that person or persons who receive compensation from the city in return for services devoted to police duties which occupy undivided activity and attention, other than ordinary off-duty time allowances.

R. “Layoff” means the termination of employment because of lack of funds or work or because of material change in organization.

S. “Open examination” means an examination open to the public and not limited to applicants from among regular employees in the police department.

T. “Position” means any employment or office in the classified service.

U. “Probation or probationary” means the status of an employee during a trial period following a permanent appointment from an eligible register. This trial period is a working test during which the employee is required to demonstrate, by actual performance of the duties, fitness for the position to which the person has been certified and appointed.

V. “Promotion” means a change in employment in accordance with this chapter from a position in the classified service with a lower, to a position with a higher maximum rate of pay.

W. “Public notice” means giving notice by publication as required by FMC 1.16.010.

X. “Reduction” means the removal of an employee from a higher class to a lower class of employment for reasons other than just cause.

Y. “Reinstatement” means reappointment after a break in service due to layoff to a position in a class in which permanent employee status was formerly held.

Z. “Secretary” means the person designated in FMC 2.52.150.

AA. “Suspension” means the temporary separation of an employee from employment, with or without pay, for just cause or pending determination of charges against the employee which could result in demotion or discharge.

BB. “Transfer” means the change of an employee from one position to a similar position in the same class without an examination.

CC. “Veteran’s credit” means preference in examinations based on military service, as provided and defined by the laws of the state of Washington. (Ord. 1527-04 § 1, 2004; Ord. 1398 § 15, 2000; Ord. 1119 § 2, 1992; Ord. 1088 § 3, 1991; Ord. 1072 § 1, 1991; Ord. 1020 § 1, 1990).

2.52.010 Civil service commission – Created.

Repealed by Ord. 1938. (Ord. 1020 § 2, 1990; Ord. 203 § 1, 1968).

2.52.015 Civil service commission – Membership.

Repealed by Ord. 1938. (Ord. 1020 § 3, 1990).

2.52.020 Chief of police.

The position of chief of police is hereby created. The chief of police shall be the chief law enforcement officer of the city of Fife. (Ord. 1827 § 2, 2013; Ord. 1119 § 1, 1992; Ord. 1088 § 2, 1991; Ord. 1072 § 2, 1991; Ord. 1020 § 4, 1990; Ord. 975 § 1, 1989; Ord. 423 § 1, 1977; Ord. 203 § 2, 1968).

2.52.030 Civil service commission – Appointment to vacancy.

Notwithstanding anything to the contrary in Chapter 41.12 RCW, in addition to any opportunity afforded the appointing authority to exercise the choice in the filling of a vacancy by the terms of the law, whenever requisition is made upon the commission for the names of persons eligible for appointment to any vacancy, including both original appointments and promotions, the commission, instead of furnishing the name of one person highest on the eligibility list, shall certify to the appointing authority the names of the three persons highest on such eligibility list for each vacancy, if there are three such persons available. The appointing authority shall forthwith appoint one of the certified persons to such vacant position. (Ord. 203 § 3, 1968).

2.52.040 Classified and unclassified service designated – Procedures.

A. The classified civil service includes all full-time, full-paid employees of the city of Fife police department, except the police chief, those positions excluded from civil service in a current collective bargaining agreement, and an additional number of positions, designated the unclassified service, determined as follows:

Department Personnel	Unclassified Position Appointments
6 through 10	2
11 through 20	3
21 through 50	4
51 through 100	5
101 through 250	6
251 through 500	8
501 and over	10

B. The unclassified position appointments authorized by subsection (A) of this section may only include selections from the following positions up to the limit of the number of positions authorized: assistant chief, deputy chief, and administrative assistant or police confidential secretary. The initial selection of specific positions to be in the unclassified service and exempt from civil service shall be made by the police chief, who shall notify the civil service commission of his or her selection. Subsequent changes in the designation of which positions are in the unclassified service may be made only with the concurrence of the police chief, the city manager, and the civil service commission, and then only after the civil service commission has heard the issue in an open meeting. If a position initially selected by the police chief to be in the unclassified service is in the classified civil service at the time of the selection, and if the position is occupied, the employee occupying the position has the right to remain in the classified civil service as long as the employee holds the position.

C. Any police department positions excluded from civil service in a current collective bargaining agreement are excluded. (Ord. 1953 § 1, 2016; Ord. 1932 § 1, 2016; Ord. 1898 § 1, 2014; Ord. 1863 § 4, 2014; Ord. 1869 § 1, 2014; Ord. 1826 § 1, 2012; Ord. 1777 § 1 (Exh. A), 2012; Ord. 1709 § 1, 2010; Ord. 1657 § 1, 2008; Ord. 1591-06 § 1, 2006; Ord. 1556-05 § 1, 2005; Ord. 1527-04 § 2, 2004; Ord. 1394 § 1, 2000; Ord. 1351 § 1, 1999; Ord. 1339 § 1, 1999; Ord. 1088 § 4, 1991; Ord. 975 § 2, 1989; Ord. 663 § 1, 1982; Ord. 525 § 1, 1979).

2.52.050 Filling positions.

The city manager is the appointing authority for the chief of police and all persons within the classified and unclassified service. All appointments shall be made pursuant to applicable civil service statutes and ordinances. (Ord. 1556-05 § 2, 2005; Ord. 1398 § 16, 2000; Ord. 1119 § 3, 1992; Ord. 1088 § 5, 1991; Ord. 981 § 4, 1989; Ord. 525 § 2, 1979).

2.52.060 Compensation.

The individuals so appointed shall receive as compensation for their services the amount established by the city council in the annual budget. (Ord. 525 § 3, 1979).

2.52.065 Assistant police chief – Filling position – Bumping.

A. Any person promoted to the assistant police chief or commander position from within the current ranks of the Fife police department shall retain, for a period of three years from the effective date of the promotion, the right to return to his previously held civil service position, in the event the employee voluntarily requests reduction in rank, or is directed to take a reduction in rank for reasons other than just cause. For purposes of this section, “just cause” shall mean violation of state or federal criminal laws, or a substantiated complaint of a violation of Fife police department policy serious enough to require termination of employment.

B. If there is no vacancy in the position at the time of such return, the last person promoted or hired to the position shall be displaced. An employee so displaced shall have the option to accept reduction to the next lower class. If there is no vacancy in the class, the last person promoted or hired to the class shall be displaced. Any employee displaced under this section shall have the option to accept reduction to the next lower class. If there is no vacancy in the class, the last person promoted or hired to the class shall be displaced. If there is no lower class, the displaced employee may be laid off. Employees laid off under this section shall have their names placed on the top of the eligibility list of the class to which their position was allocated. Notice of displacement shall be given to the employee concerned at least two weeks before the effective date thereof.

C. Notwithstanding any other provision of this section, to be eligible to displace another employee under this section, the displacing employee must possess the skills required to perform the duties of the position held by the employee who would be displaced. (Ord. 1657 § 2, 2008; Ord. 1591-06 § 2, 2006; Ord. 1557-05 § 1, 2005).

2.52.070 Communications and records specialist – Position created.

A. The position of communications and records specialist is created and established.

B. The police communications and records specialist shall be classified as follows:

1. Communications/records supervisor;

2. Class A, commencing the third year of service;

3. Class B, commencing the second year of service;

4. Class C, commencing the second six months of service, probationary for the second six months of service;

5. Class D, probationary for the first six months of service. (Ord. 1527-04 § 3, 2004; Ord. 1076 § 1, 1991; Ord. 663 § 2, 1982; Ord. 526 § 1, 1979).

2.52.080 Communications and records specialist – Advancement.

All advances and classifications shall be automatic, except the position of communications/ records supervisor which shall be filled only in the event a vacancy occurs. (Ord. 1527-04 § 4, 2004; Ord. 1076 § 2, 1991; Ord. 526 § 2, 1979).

2.52.090 Communications and records specialist – Filling positions – Removal.

A. The city manager shall have the power to fill positions created by FMC 2.52.070 from a list of qualified applicants certified by the civil service commission.

B. The city manager shall also have the power to remove any person so appointed to any one of the positions listed in FMC 2.52.070 subject to any applicable law, rule, or regulation related to civil service. (Ord. 1527-04 § 5, 2004; Ord. 1398 § 17, 2000; Ord. 526 § 3, 1979).

2.52.100 Communications and records specialist – Compensation.

The individuals so appointed shall receive as compensation for their services the amount established by the city council in the annual budget. (Ord. 1527-04 § 6, 2004; Ord. 526 § 4, 1979).

2.52.110 CETA police officer.

Repealed by Ord. 1527-04. (Ord. 450 § 1, 1977).

2.52.120 Community services officer.

A. The position of community services officer, one-year probationary period, is hereby created and established.

B. The city manager shall have the power to fill the position of community services officer from a list of qualified applicants certified by the civil service commission.

C. The city manager shall also have the power to remove any person so appointed subject to any applicable law, rule, or regulation related to civil service.

D. The individual so appointed shall receive as compensation for his/her services the amount established by the city council in the annual budget. (Ord. 1398 § 18, 2000; Ord. 975 § 3, 1989).

2.52.125 Police specialist.

A. The position of police specialist, one-year probationary period, is hereby created and established.

B. The city manager shall have the power to fill the position of police specialist from a list of qualified applicants certified by the civil service commission.

C. The city manager shall also have the power to remove any person so appointed subject to any applicable law, rule, or regulation related to civil service.

D. The individual so appointed shall receive as compensation for his/her services the amount established by the city council in the annual budget. (Ord. 1709 § 2, 2010).

2.52.130 Police confidential secretary.

Repealed by Ord. 1527-04. (Ord. 1398 § 19, 2000; Ord. 975 § 4, 1989).

2.52.135 Warrant officers.

A. The position of warrant officer is hereby established in the Fife police department, as authorized by RCW 35A.21.380. The warrant officers shall have special limited authority as provided for in this section.

B. The Fife police department is authorized to employ up to four warrant officers.

C. Minimum qualifications for the position of warrant officer include: be at least 21 years of age; be a citizen or lawful permanent resident of the United States; satisfactorily completing a Fife police department background investigation, including a polygraph examination, a criminal convictions records check, and a psychological exam; possessing the physical strength and endurance to perform tactical self-defense and restrain a prisoner if needed; reading, writing, and understanding English; possessing a valid Washington State driver’s license; submission of a satisfactory three-year driving abstract; and satisfying all approved training requirements by the Washington State Criminal Justice Training Commission.

D. Warrant officers shall have the special limited authority to: make arrests authorized by warrant or other court orders; serve civil and criminal court orders, including protection orders, no contact orders, restraining orders, and anti-harassment orders; serve subpoenas; transport to and book arrested persons into federal/state/county/local detention facilities; extradite and transport prisoners; perform physical searches of transported individuals and transport vehicle for contraband; provide courier services for the city upon direction of the chief of police; provide supervision to offender work crews; provide security and bailiff duties for the Fife municipal court; and all duties ancillary to the aforementioned authority. The warrant officers shall also have the authority to perform other duties for the Fife police department that do not require the authority of a commissioned police officer. The warrant officers shall have the authority to perform all duties while armed.

E. Training requirements for warrant officers shall be established by the Fife chief of police and approved by the Washington State Criminal Justice Training Commission.

F. Warrant officers shall not be entitled to death, disability, or retirement benefits pursuant to Chapter 41.26 RCW on the basis of service as a warrant officer as described in this section. (Ord. 2073 § 1, 2022).

2.52.140 Civil service commission – Meeting.

Repealed by Ord. 1938. (Ord. 1020 § 5, 1990).

2.52.150 Secretary/chief examiner.

The commission shall appoint a secretary/chief examiner as a result of a competitive examination which may be either original and open to all properly qualified persons, or promotional and limited to persons already in the classified service. The secretary/chief examiner shall attend all commission meetings, maintain the minutes and records of the commission and certify the same when required, prepare and maintain a complete record of each examination for submittal to the commission, and perform all other functions as may be assigned to him by the commission. (Ord. 1020 § 6, 1990).

2.52.160 Powers and duties of the commission.

Repealed by Ord. 1938. (Ord. 1769 § 1, 2012; Ord. 1020 § 7, 1990).

2.52.170 Appeals.

A. Any permanent employee in the classified civil service who is removed, demoted, suspended or terminated may appeal such action to the commission by filing a notice of appeal in accordance with FMC 2.52.180.

B. Any employee in the classified civil service who is alleged to be probationary by the disciplining department may only appeal to the commission the question of his probationary status and whether the procedures for discharge of probationers, as set forth in this chapter, were properly followed, by filing a notice of appeal in accordance with FMC 2.52.180.

C. Any employee in the classified civil service who is adversely affected by an alleged violation of this chapter or the commission’s rules may appeal such violation to the commission, by filing a notice of appeal in accordance with FMC 2.52.180. (Ord. 1527-04 § 8, 2004; Ord. 1020 § 8, 1990).

2.52.180 Appeals – Time for filing – Form.

A notice of appeal shall be filed with the commission within 10 calendar days of the action which is the subject of the appeal. The notice of appeal shall be in writing and shall include the mailing and street addresses at which service of process and other papers may be made upon the appellant. The notice of appeal shall also contain a brief description of the facts giving rise to the appeal and a concise statement of the reasons for the appeal. A copy of the notice of appeal must be given to the appointing authority, as well as to the commission, within said 10-day period. If said notice is not timely filed, the right to a hearing before or investigation by the commission shall be deemed waived. (Ord. 1020 § 9, 1990).

2.52.190 Appeals – Notice of hearing.

Upon receipt of a notice of appeal, the commission shall schedule a hearing before the commission as soon as possible thereafter, but in any event no more than 30 calendar days after receipt of said notice. At least 10 days prior to said hearing, the commission shall cause to be served upon the appellant a notice setting forth the date, time and location of the hearing before the commission. (Ord. 1020 § 10, 1990).

2.52.200 Appeals – Delegation of authority.

The hearing on any appeal authorized by this chapter may be conducted by the commission as a body or may be delegated by the chair to a member or to the secretary/chief examiner, but no official decision of the commission shall be rendered until such time as two members have reviewed the evidence and concurred in said decision. (Ord. 1020 § 11, 1990).

2.52.210 Appeals – Hearing – Evidence.

The procedure of any hearing authorized by this chapter may be informal. All competent and relevant evidence shall be admissible, but the person conducting the hearing may restrict the introduction of evidence which he deems irrelevant, repetitive and not otherwise necessary in order to analyze the subject matter before him. In ruling upon the admissibility of evidence, the commission shall give consideration to, but shall not be bound to follow, the rules of evidence governing civil proceedings in the superior courts of the state of Washington, except that depositions shall be conducted and subpoenas shall be issued according to superior court rules. (Ord. 1020 § 12, 1990).

2.52.220 Appeals – Hearing – Rights of parties.

At the hearing on any appeal authorized by this chapter, the appellant shall be entitled to:

A. Written notice of changes and reasonable notice of hearing;

B. Representation by counsel at his or her own personal expense;

C. Testify under oath;

D. Have the commission subpoena witnesses to testify under oath;

E. Cross-examine all witnesses appearing against the appellant;

F. Impeach any witness appearing before the commission;

G. Present such affidavits, exhibits and other documentary evidence as the commission deems pertinent to the inquiry; and

H. Argue the case. The appointing authority and any other person whom the commission finds to be interested in the matter shall be entitled to the same privileges. (Ord. 1020 § 13, 1990).

2.52.230 Appeals – Decision.

All decisions, opinions and recommendations arising from a hearing by the commission shall be in writing and shall include findings of fact and conclusions of law and be subscribed to by the members concurring therein. A decision shall be issued within 15 business days of the close of the hearing on the appeal. (Ord. 1020 § 14, 1990).

2.52.240 Appeals – Reconsideration.

A party may move for reconsideration of any decision or order made by the commission only on the basis of fraud, mistake, misconception of facts or newly discovered evidence. Such motion must be filed with the commission within 10 business days of the decision or order of the commission. Such motion for reconsideration shall be decided on affidavits, absent a special showing that testimony is necessary. (Ord. 1020 § 15, 1990).

2.52.250 Appeals to the superior court.

Any party adversely affected by any decision or order of the commission may appeal therefrom to the Pierce County superior court by serving upon the commission, within 30 days after entry of such decision 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 commission’s office affecting or relating to such order or decision be filed by the commission with such court. The party requesting the appeal shall pay all costs related to preparation of the transcript. (Ord. 1020 § 16, 1990).

2.52.260 Classification plan.

A class specification plan shall be prepared and maintained for each class in the classified service. Said plan shall describe the class generally, distinguish it from other classes and give examples of typical duties of the class. Said plan shall also assign to each class and position thereof the experience, knowledge, capacity, skill, education and other qualifications, including the minimum prerequisites, to be required for appointment. (Ord. 1020 § 17, 1990).

2.52.270 Classification of positions.

Each position in the classified service shall be classified by the appointing authority and allocated to its appropriate class in accordance with the character, difficulty and responsibility of its designated duties. Consideration shall be given to the general duties, specific tasks, responsibilities, required and desired qualifications for such positions. Any employee who deems himself aggrieved by the allocation of positions or any classification or reclassification action may appeal to the commission in accordance with FMC 2.52.180. (Ord. 1020 § 18, 1990).

2.52.280 Reclassifications and additional classes.

Additional classes may be established and existing classes may be divided, combined or adopted in the same manner as originally classified. Positions whose duties have changed materially so as to necessitate reclassification shall be allocated to a more appropriate class, whether new or already created, in the same manner as originally classified. (Ord. 1020 § 19, 1990).

2.52.290 Applications – Announcement of vacancy.

Whenever there is need, the secretary shall invite, by giving public notice, qualified persons to apply for employment in the classified service and for admission to the examination scheduled to select the most competent persons. Public announcement of the examination shall specify the title and salary range of the position, and include a brief outline of the requirements of the position, the minimum qualifications required and the final date upon which applications will be received. Persons desiring to compete for positions in the classified service shall file an application with the secretary/chief examiner on forms supplied by the commission. An active list of candidates for each classification shall be on file. (Ord. 1020 § 20, 1990).

2.52.300 Promotional examinations.

Vacancies in the higher positions of a class shall be filled by promotion whenever practicable in the judgment of the commission. Upon showing from a department that special training and knowledge gained with any department is essential to the proper filling of the vacancy, the commission may limit an examination to a promotional examination from within the department only. (Ord. 1020 § 21, 1990).

2.52.310 Applications – General minimum requirements.

No individual shall be eligible to apply prior to attaining the age of 21. All applicants shall be citizens of the United States or lawful permanent residents, and able to read and write the English language. Minimum educational requirements shall be high school graduation or equivalent certificate. Exceptions to these requirements may be made with the unanimous consent of the commission members. (Ord. 1989 § 1, 2018; Ord. 1795 § 1, 2012; Ord. 1020 § 22, 1990).

2.52.320 Rejection of application.

The commission may refuse to accept an application or, after acceptance, may reject an application, or, after examination, disqualify a person from the eligibility list or withhold from certification the name of a successful candidate when the applicant or eligible candidate is found to:

A. Lack the minimum prerequisites established for the position.

B. Use intoxicants, illegal drugs, or prescription or over-the-counter drugs to the extent that his work performance will be adversely affected.

C. Have made any material false statement or has attempted any deception or fraud in connection with this or any other civil service application or examination.

D. Have used, or attempted to use, any political pressure to further his eligibility or appointment or promotion.

E. Have been convicted of a felony or misdemeanor in the last seven years, or admitted to criminal activity determined to have a direct relationship to the position for which application is made, except that conviction of a felony shall automatically disqualify an applicant for any law enforcement officer position. Such rejection shall take into consideration the seriousness of the offense, its recency and the age of the applicant at the time of the occurrence.

F. Have refused to furnish all information required to complete the application.

G. Have been excused from previous employment for delinquency or misconduct.

H. Have otherwise violated the provisions of this chapter or the commission’s rules.

I. Any other act or failure to act which in the judgment of the civil service commission is sufficient to show the applicant to be an unsuitable and unfit person to be employed in the civil service.

Anyone against whom such action is taken shall be notified promptly by the commission of the reasons therefor by either oral notice at the time of filing the application or written notice mailed, first class, postage prepaid, to the applicant or eligible person at the address shown on his application. Said applicant may appeal his rejection to the commission as provided in FMC 2.52.180. (Ord. 1527-04 § 9, 2004; Ord. 1020 § 23, 1990).

2.52.330 Application fee.

For any position in the classified service that shall be vacant and an application process therefore commenced, the commission, in its discretion, may determine an appropriate application fee, in any case not to exceed the actual cost of processing the application and administering the examination. Nothing herein shall require the commission to charge an application fee, and the commission may, in its discretion, waive the fee for applicants who are indigent. (Ord. 1020 § 24, 1990).

2.52.340 Examinations – Conducting of examination.

The responsibility for conducting any examination authorized by this chapter may be delegated by the commission. The secretary/chief examiner shall arrange for the use of public buildings and equipment for the conducting of examinations. The commission shall designate the person or agency who shall conduct and score the examinations; provided, that no member of the civil service commission shall conduct or score the examination; and provided, that a Fife classified service member is allowed to participate on an oral board, should the civil service commission choose. (Ord. 1959 § 1, 2017; Ord. 1020 § 25, 1990).

2.52.350 Examinations – Qualifying grade.

In all examinations, the minimum grade for which eligibility may be earned shall be determined at the time the commission determines which tests are to be administered, and all prospective examinees shall be advised of said standard prior to taking said examination. The establishment of said minimum grade for any given examination shall be recorded in the regular meeting minutes of the commission. Such final grades shall be based upon each factor of the examination, including educational requirements, training, experience and other qualifying elements as shown in the application of the candidate or other verified information. (Ord. 1020 § 26, 1990).

2.52.352 Enhanced entry level eligibility list.

Upon written request from the city manager, the commission shall prepare and maintain an eligibility list for commissioned police officers, which shall be known as the enhanced entry level list. In order to be eligible to test for placement on the enhanced entry level, the applicant must meet all other requirements for an entry level police officer position, must have at least 12 months satisfactory performance as a full-time law enforcement officer in the 24-month period prior to submitting his application, and have successfully completed the Washington State Basic Law Enforcement Academy or another equivalent academy recognized by the state of Washington. (Ord. 1537-04 § 1, 2004).

2.52.355 Lateral hire eligibility list.

Upon written request from the city manager, the commission shall prepare and maintain an eligibility list for any position which the city manager has determined having the option of hiring trained personnel for that position would be in the best interests of the city. In order to be eligible for a lateral hire list, the applicant must meet all other requirements for the position, and, in addition, have at least two years’ satisfactory performance in a like position within the last 24 months. (Ord. 1501-03 § 1, 2003).

2.52.360 Examinations – Rating and preparation of eligibility list.

The names of persons successful in all parts of an examination shall be arranged in order of their earned test rating, except that a preference status shall be accorded to all honorably discharged veterans of any military service of the United States of

America and to veterans of the American Red Cross and to all current reserve officers of the Fife police department. Preference status shall be accorded to veterans as defined in RCW 41.04.007 in the manner prescribed in RCW 41.04.010. Proof of honorable discharge or certificate of honorable active service shall be submitted at the time of making application. Preference status of applicants for the position of police officer shall be accorded to city of Fife reserve police officers by adding to the mark, grade or rating, based upon a possible rating of 100 percent as perfect, a maximum amount of 10 percent to his final earned test grade according to the following formula: Reserve police officers who have completed one full year of police reserve service shall have an additional three and one-half percent added to their final earned test rating. Reserve police officers who have completed two full years of police reserve service shall have an additional three and one-half percent added to their final earned test rating. Reserve police officers who have completed three full years of police reserve service shall have an additional three percent added to their final earned test rating. Preference status shall be accorded only to officers who have received a minimum passing grade in the examination.

Preference status of applicants for the position of communications officer shall be accorded to city of Fife reserve communication officers by adding to the mark, grade or rating, based upon a possible rating of 100 percent as perfect, a maximum amount of 10 percent to his final earned test grade according to the following formula: Reserve communication officers who have completed one full year of communication reserve service shall have an additional three and one-half percent added to their final earned test rating. Reserve communication officers who have completed two full years of communication reserve service shall have an additional three and one-half percent added to their final earned test rating. Reserve communication officers who have completed three full years of communication reserve service shall have an additional three and one-half percent added to their final earned test rating. Preference status shall be accorded only to officers who have received a minimum passing grade in the examination.

Time served in the Fife reserve police service shall not count toward preference status of applicants for a police communication position. Time served in the Fife reserve communication position shall not count toward preference status of applicants for a police officer position. In no event shall any combination of preference status percentages exceed 10 percent. (Ord. 1777 § 1 (Exh. A), 2012; Ord. 1020 § 27, 1990).

2.52.370 Eligibility list – Order of names.

Repealed by Ord. 1795. (Ord. 1020 § 28, 1990).

2.52.380 Examination – Notification of results.

Each applicant shall be notified by mail of the results of the examination and, if successful, of his final earned rating and his relative position on the eligibility list. Any applicant will have the right to inspect his own test papers in the presence of the secretary/chief examiner or his designee. If the applicant believes an error has been made in the application of the written test scoring key or in the rating given on any part of the examination or that any other error has been made, the applicant may appeal to the commission in accordance with FMC 2.52.180. (Ord. 1020 § 29, 1990).

2.52.390 List – Effective life.

Eligibility lists shall become effective upon approval thereof by the secretary/chief examiner’s signature to the effect that the list was legally prepared and represents the relative rating of the names appearing thereon. Eligibility lists, including promotional lists, shall remain in effect one year and may be extended by action of the commission for not more than one additional year. Names of employees laid off shall be carried on the eligibility list for at least two years. (Ord. 1020 § 30, 1990).

2.52.400 Eligibility list – Removal of names.

The name of any person appearing on an eligibility list who fails to respond to a notice of certification shall be reported to the commission by the secretary/chief examiner and shall be removed from the eligibility list by the commission. If he declines an appointment without reasons satisfactory to the commission or if he cannot be located by postal authorities, he shall be removed from the list by the commission. In case of such removal, the secretary/chief examiner shall notify the candidate affected at his last known address in writing. The name of a person so removed may be reinstated only if satisfactory explanation of the circumstances is made to the commission. The names of classified employees on promotional employment lists who resign from the service shall be removed from such list. (Ord. 1020 § 31, 1990).

2.52.410 Eligibility list – Revocation of list.

An eligibility or promotional list may be revoked and another examination ordered only when, upon recommendation of the secretary/chief examiner and approval of a majority of the commission members, such action is deemed advisable on account of fraud, errors or of obviously inappropriate standards prescribed in connection with the examination and of plainly inadequate results obtained therefrom, or if there are less than three names remaining on said list. No list shall be altered or revoked except upon written notice to all persons, addressed to them at their last known address, whose standing may be affected, and upon entry of the reasons for said revocation in the minutes of the commission. (Ord. 1020 § 32, 1990).

2.52.420 Request for certification.

A. Upon request by the appointing authority for certification of names to fill a vacancy, the commission shall certify the names of the three available eligible persons who stand highest on the appropriate eligibility list. If the appointing authority makes an acceptable showing to the commission that any of the eligible persons certified to the appointing authority are not available or that they do not respond, then an additional name or names, as the case may be, shall be furnished to the appointing authority to replace the name or names of the person or persons that were not available or did not respond.

B. If less than three names are available on a register at the time the appointing authority requests certification, or if less than three persons are available or respond and there are an inadequate number of eligible persons remaining on the certified list to replace the persons that are unavailable or do not respond, then the appointing authority may, in his sole discretion, select a listed eligible for appointment, or alternatively, may require the commission to prepare a new register so that three names are available for the appointing authority’s consideration. (Ord. 1070 § 1, 1991; Ord. 1020 § 33, 1990).

2.52.430 Certification – Failure to respond.

Whenever a candidate whose name has been certified for appointment fails to answer an inquiry of the secretary/chief examiner or of the appointing authority within five business days after the mailing of such notice of certification, or fails to accept an appointment when offered within the same period, or within the next succeeding business day when notification is given orally or by telephone, he is deemed to have declined appointment. If a candidate accepts appointment within the period outlined and fails to present himself for duty within five days of the date specified in the notice, he may be deemed to have declined appointment. (Ord. 1020 § 34, 1990).

2.52.440 Certification – Provisional appointment.

If, for any reason, there is no eligibility list for the class, the commission shall authorize a provisional appointment list for said class and certify to the appointing authority the names of the three highest eligibles on said list. As soon as possible following a provisional appointment, the secretary/chief examiner shall announce and conduct an examination and shall certify three names for regular appointment in the usual manner. No provisional appointment shall continue for a period longer than four months in any one fiscal year, and no one person shall receive more than one provisional appointment in any one fiscal year. No time as a provisional appointee shall be credited to the probationary period or be utilized in computing any privilege accruing under this chapter or the commission’s regulations. (Ord. 1020 § 35, 1990).

2.52.450 Provisional appointment – Emergency.

A provisional appointment without examination may be made when there is no appropriate provisional appointment list or persons on the list cannot be contacted, and when the appointing authority certifies and supports with adequate facts that an emergency exists. Such provisional appointment must be approved by a majority of the commission, and the provisional appointee must meet the requirements for the class. As soon as possible following a provisional appointment, the secretary/chief examiner shall announce and conduct an examination and shall certify three names for regular appointment in the usual manner. No person shall receive more than one provisional appointment or serve more than four months as a provisional appointee in any one fiscal year. For purposes of this section, an emergency exists when:

A. Life, health or property is in jeopardy;

B. The immediate employment of a currently available applicant is imperative because of extreme recruitment difficulties;

C. The work program of the department will be impaired if the position is left vacant, and the work cannot be deferred or reassigned; or

D. A vacancy will result in failure to perform legally required functions or to meet deadlines imposed by law. (Ord. 1020 § 36, 1990).

2.52.460 Temporary appointments.

In making a temporary appointment, the appointing authority may appoint from the ranks of the Fife police reserve officers, in his sole discretion. If the appointing authority does not appoint a reserve officer to a temporary appointment, then the appointing authority shall make requisition to the secretary/chief examiner in the manner provided for regular appointments, but shall indicate the date by which it is anticipated the temporary appointment will terminate. The secretary/chief examiner shall notify the persons appearing on the appropriate list indicating the nature of the position and its duration, to learn who may be willing to accept temporary appointment. The commission shall certify the names of the three persons standing highest on such list who shall be called in order as furnished by the secretary/chief examiner. No temporary appointment shall be made for more than four months in any one fiscal year. Temporary service shall not be credited to any probationary period or be used in computing any privilege accruing under this chapter or the commission’s rules. (Ord. 1071 § 1, 1991; Ord. 1020 § 37, 1990).

2.52.470 Probationary period – Length of period.

No person shall be permanently appointed to the position of entry level police officer until they have satisfactorily served a probationary period of 18 months. No person shall be permanently appointed to the position of lateral hire police officer until they have satisfactorily served a probationary period of 12 months. No person shall be permanently appointed to any other civil service position until they have satisfactorily served a probationary period of 12 months. No person shall be permanently appointed to a promotional position until having satisfactorily served a probationary period of six months. Persons re-employed who have formerly acquired permanent status in the class shall not be subject to probation. (Ord. 1565-05 § 1, 2005; Ord. 1527-04 § 10, 2004; Ord. 1456 § 1, 2002; Ord. 1020 § 38, 1990).

2.52.480 Probationary period – Termination of probationer.

During the probationary period, the appointing authority, at his discretion, may terminate the employment of an employee. Written notice of said termination, setting forth the reasons therefor, shall be given to the probationer and a copy forwarded to the secretary/chief examiner. Said reasons need not constitute just cause and shall not otherwise be appealable to the commission except as set forth in FMC 2.52.170. (Ord. 1020 § 39, 1990).

2.52.490 Probationary period – Termination of probationary status.

Unless the probationer has been terminated pursuant to FMC 2.52.480, then at the end of the probationary period, the probationer shall automatically acquire permanent status. (Ord. 1020 § 40, 1990).

2.52.500 Probationary period – Termination after promotion.

A promotional appointee who is terminated during his probationary period shall be restored to the position from which he was promoted, displacing an incumbent in that class on the basis of seniority within the department if no vacancy exists, unless his termination is for just cause that would be just cause for discharge from any position within the classified service. (Ord. 1074 § 1, 1991; Ord. 1020 § 41, 1990).

2.52.510 Transfers.

Transfers consist of the change of an employee from one position to another position in the same or comparable class. The change of an employee from a position in a class with a lower, to a position in a class with a higher maximum rate of pay shall be deemed a promotion and may be accomplished only in the manner provided in this chapter for making promotional appointments. A transfer of an employee from a position in a class with a higher, to a position in a class with a lower maximum rate of pay shall be deemed a demotion and may be accomplished only in the manner provided in this chapter for making a demotional appointment. (Ord. 1020 § 42, 1990).

2.52.520 Layoff.

Whenever the appointing authority contemplates a reduction in staff because of a shortage of funds, lack of work or material reorganization of the department, notice thereof shall be sent by the appointing authority to the secretary/chief examiner. When it is decided which positions are to be vacated, employees holding positions within a class shall be laid off in inverse order to their length of service. Any complaint by a permanent employee that the layoff was not in conformity with this chapter or the commission’s rules may be investigated by the commission in accordance with FMC 2.52.180. If the commission finds that the layoff was not made in accordance with this chapter or with the commission’s rules, it may order the reinstatement of the permanent employee or employees. Notice of layoff shall be given the employee concerned and the secretary/chief examiner at least two weeks before the effective date thereof. Employees laid off shall have their names placed on the top of the eligibility list of the class to which their position was allocated in accordance with this chapter. (Ord. 1020 § 43, 1990).

2.52.530 Suspension.

The appointing authority may for just cause, as set forth in FMC 2.52.560, suspend a permanent employee, with or without pay, for a period not to exceed 30 days in any 12-month period. The appointing authority may delegate this responsibility to a department head. In all such cases, written notification of said suspension setting forth the specific grounds and the particular facts upon which the disciplinary action is based and the employee’s right to appeal that action under this section shall be furnished to the employee and secretary/chief examiner no more than five days after the effective date of the suspension. Said suspension may be reviewed by the civil service commission in accordance with FMC 2.52.180. (Ord. 1020 § 44, 1990).

2.52.540 Demotion.

The appointing authority may demote a permanent employee to a lower class for just cause as set forth in FMC 2.52.560. The appointing authority may delegate this responsibility to a department head. In all such cases, a written notification of said demotion setting forth the specific grounds and the particular facts upon which the demotion is based, as well as the employee’s right to appeal that action under this section, shall be furnished the employee and the secretary/chief examiner no more than five days after the effective date of the demotion. Said demotion may be reviewed by the civil service commission in accordance with FMC 2.52.180. (Ord. 1020 § 45, 1990).

2.52.550 Discharge.

The appointing authority may discharge a permanent employee for just cause as set forth in FMC 2.52.560. The appointing authority may delegate this responsibility to a department head. In all such cases, a written notification of said discharge setting forth the specific grounds and the particular facts upon which the disciplinary action is based, as well as the employee’s right to appeal that action under this section, shall be furnished the employee and the secretary/chief examiner no more than five days after the effective date of the discharge. Said discharge may be reviewed by the commission in accordance with FMC 2.52.180. (Ord. 1020 § 46, 1990).

2.52.560 Just cause for disciplinary action.

An employee in the classified civil service may be discharged or suspended with or without pay, or demoted, reduced in rank, or deprived of vacation privileges or other special privileges or terminated or removed from the classified service for any of the following reasons:

A. Incompetency, inefficiency, inattention to or dereliction of duties.

B. Dishonesty, insubordination, discourteous treatment of the public or of a fellow employee, or any other act of omission or commission tending to injure the public service, or any other wilful failure of the employee to conduct himself properly, or any wilful violations of this chapter or the commission’s rules.

C. Mental or physical unfitness for the position which the employee holds.

D. Use of intoxicating liquors, illegal narcotics or any other habit forming drug, liquid or preparation, to such an extent that the use thereof interferes with the efficiency or physical fitness of the employee, or which precludes the employee from performing properly the functions and duties of his position in the classified service.

E. Conviction of a felony.

F. Use of department equipment for personal business or pleasure.

G. Acceptance for personal use of a fee, gift or other valuable thing, thereby creating the appearance that the giver hoped to receive a favor or better treatment than that accorded the public generally.

H. Any other act or failure to act which indicates the employee is unfit and unsuitable to be employed in the position he holds.

This list is not intended to be inclusive, and discipline may be taken for any other just cause. (Ord. 1527-04 § 11, 2004; Ord. 1020 § 47, 1990).

2.52.570 Appeal from disciplinary action.

Any permanent employee in the classified civil service who is removed, suspended, demoted or discharged may appeal said disciplinary action to the commission in accordance with FMC 2.52.180. The purpose of the hearing shall be confined to a determination of the question of whether said disciplinary action was taken for just cause. After conducting a hearing, the commission may confirm the disciplinary action, or, if it shall find that the said action was made for political or religious reasons, or was not made in good faith for just cause, shall order the immediate reinstatement of such person to the position from which such person was removed, suspended, demoted or discharged. In lieu of affirming the disciplinary action, the commission may modify the order of removal, suspension, demotion or discharge 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 the police chief, and shall be forthwith enforced by said officials. (Ord. 1527-04 § 12, 2004; Ord. 1020 § 48, 1990).

2.52.580 Roster card.

The secretary/chief examiner shall maintain in his custody a service or roster card for each employee in the classified service, showing name, title or position held, the division within the employing department to which assigned, the salary, changes in employment status, leaves, and all other information that may be considered pertinent. (Ord. 1020 § 49, 1990).

2.52.590 Examination records.

The secretary/chief examiner shall similarly maintain an examination card for every applicant, giving the name, address, age, sex, the date and title of examination, complete ratings earned and the grade obtained if successful; if unsuccessful this fact should be recorded. (Ord. 1020 § 50, 1990).

2.52.600 Records open to the public.

Repealed by Ord. 1938. (Ord. 1020 § 51, 1990).

2.52.610 Retention of records.

Repealed by Ord. 1938. (Ord. 1073 § 1, 1991; Ord. 1020 § 52, 1990).

2.52.620 Reports.

The appointing authority shall report to the secretary/chief examiner in writing and upon forms prescribed by the commission, all employments and all changes whatsoever in the status of personnel, supplying the name of the new appointee or employee, the title of his position and date of commencement of service, and any change recommended or made therein. (Ord. 1020 § 53, 1990).

2.52.630 Annual report.

Repealed by Ord. 1073. (Ord. 1020 § 54, 1990).

2.52.640 Legal advisor.

Repealed by Ord. 1938. (Ord. 1075 § 1, 1991; Ord. 1020 § 55, 1990).

2.52.650 Reserve officers – Relief and pension benefits.

The city of Fife hereby extends the relief and pension provisions of the Volunteer Firefighters’ and Reserve Officers’ Relief and Pension Act (“Act”) to all qualified reserve officers.

A. The city shall pay all annual fees established by the State Board for Volunteer Firefighters for the relief plan.

B. The city hereby elects, pursuant to the pension plan provisions of the Act, to allow participation by qualifying reserve police officers, and the city shall count and pay for the cost of all payments for all years of service completed with the city of Fife prior to the adoption of the ordinance codified in this chapter.

C. The police chief is authorized to enroll the city’s reserve officers and to certify reserve officers’ service under the pension provisions of Chapter 41.24 RCW.

D. The city shall establish and maintain a board of trustees for the administration of Chapter 41.24 RCW. Such board shall consist of the city manager (or designee), finance director (or designee), one councilmember, the police chief, and one reserve officer to be elected by the reserve officers of the city for an annual term of one year. The board of trustees shall comply with the provisions of RCW 41.24.070, 41.24.080, 41.24.090, 41.24.100, 41.24.110, 41.24.120, 41.24.130, and 41.24.460 (3), as now and hereafter amended. (Ord. 1585-05 § 1, 2005).