Chapter 4.06
CIVIL SERVICE COMMISSION
Sections:
4.06.030 Civil service commission created – Appointment, terms, removal and quorum.
4.06.040 Organization of commission – Powers and duties.
4.06.050 Persons included – Appointments, transfers, discharges, and reinstatements.
4.06.060 Existing personnel continued under civil service.
4.06.070 Qualifications of applicants.
4.06.080 Grounds for discharge, reduction or deprivation of privileges.
4.06.090 Pre-disciplinary meeting.
4.06.100 When hearing required – Notice.
4.06.110 Hearings – Legal counsel.
4.06.120 Hearings – Scope and standard of review.
4.06.130 Hearings – Procedure.
4.06.140 Decision of commission – Appeal.
4.06.150 Filling vacancies – Probation.
4.06.160 Emergency, provisional and temporary appointments.
4.06.170 Power to create offices, make appointments and fix salaries not infringed.
4.06.180 Enforcement by civil action – Legal counsel.
4.06.190 Deceptive practices, false marks and other acts prohibited.
4.06.200 Penalty – Jurisdiction.
Legislative history: Ords. 87-162, 88-170, 90-231, 91-258, 91-259, 92-280, 92-283, 94-232, 94-323 and 2000-495.
4.06.010 Intent of chapter.
It is the intent of the city council of the city of Mill Creek in enacting this chapter to create a system of civil service for the Mill Creek police department independent of Chapter 41.12 RCW but which substantially accomplishes the purposes of that chapter. The city council finds that the system of civil service set forth herein meets this intent and the requirements of RCW 41.12.010 for such independent systems. (Ord. 2009-693 § 2; Ord. 2006-640 § 3. Formerly 2.11.010)
4.06.020 Definitions.
As used in this chapter, the words and terms set forth in this section shall be given the following definitions:
A. “Appointing authority or power” means the city council of the city of Mill Creek or its designee.
B. “Appointment” includes all means of selecting, appointing or employing any person to hold any office, place, position or employment subject to civil service.
C. “Commission” means the civil service commission herein created and “commissioner” means any one of the three commissioners appointed to that commission.
D. “City” means the city of Mill Creek.
E. “Emergency appointment” means an appointment to serve in a position covered by this chapter under emergency conditions for the duration of the emergency.
F. “Full-time fully commissioned officer” means an employee vested with full authority to perform the full range of law enforcement and other duties designated by the city manager pursuant to Chapter 2.10 MCMC on a year-round basis pursuant to the full-time schedule of work adopted by the city.
G. “Provisional appointment” means an appointment to a position covered by this chapter made in the absence of an eligibility list for the position and pending the establishment of such list.
H. “Temporary appointment” means an appointment of a qualified person to a position of specified, temporary duration. (Ord. 2009-693 § 2; Ord. 2006-640 § 3. Formerly 2.11.020)
4.06.030 Civil service commission created – Appointment, terms, removal and quorum.
A. There is created in the city a civil service commission which shall be composed of three persons.
B. The members of such commission shall be appointed by the city manager.
C. The members of such commission shall serve without compensation.
D. No person shall be appointed a member of such commission who is not a citizen of the United States, a resident of the city of Mill Creek for at least one year immediately preceding such appointment, and an elector of Snohomish County.
E. The term of office of such commissioners shall be four years except that the first three members of such 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 three years, and one to serve for a period of four years. The term of each position shall expire on April 30th in the final year of each term.
F. Any member of such commission may be removed from office by the city manager for incompetency, incompatibility or dereliction of duty or malfeasance in office, or other good cause; provided, however, that no member of the commission shall be removed until charges have been preferred, in writing, due notice and a full hearing held.
G. The members of such commission shall devote due time and attention to the performance of the duties hereinafter specified and imposed upon them by this chapter.
H. Two members of such commission shall constitute a quorum and the votes of any two members of such commission concurring shall be sufficient for the decision of all matters and the transaction of all business to be decided or transacted by the commission under or by virtue of the provisions of this chapter. (Ord. 2009-693 § 2; Ord. 2006-640 § 3. Formerly 2.11.030)
4.06.040 Organization of commission – Powers and duties.
A. Immediately after appointment, the commission shall organize by electing one of its members chairperson and shall hold regular meetings and such additional meetings as may be required for the proper discharge of its duties. It shall be the duty of the civil service commission, to the extent necessary to ensure that the provisions of this chapter are carried out:
1. To make suitable rules and regulations to implement this chapter which are not inconsistent with the provisions thereof. Such rules and regulations shall provide in detail the manner in which examinations may be held, and appointments, promotions, transfers, reinstatements, demotions, suspensions and discharges shall be made and may also provide for any other matters which may be considered desirable to carry out the purposes of this chapter. The rules and regulations and any amendments thereof shall be available for public distribution at cost. Such rules and regulations may be changed from time to time;
2. To ensure that all tests are practical and consist only of subjects which will fairly determine the capacity of persons examined to perform the duties of the position to which appointment is to be made, and may include tests of physical fitness and/or manual skill;
3. To ensure that the rules and regulations adopted by the commission provide for veterans’ scoring criteria status in favor of all applicants for appointment under civil service when entitled to such scoring criteria pursuant to state law;
4. To make investigations concerning and reports upon all matters touching 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;
5. To make such investigations by the entire commission, or by a designated commissioner. Not only must these investigations be made by the commission as aforesaid, but the commission must make like investigation on petition of a citizen, duly verified stating that irregularities or abuses exist, or setting forth in concise language, in writing, the necessity for such investigation. In the course of such investigation, the commission, or a designated commissioner, or chief examiner, shall have the power to administer oaths, subpoena, and require the attendance 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, and 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 and punishable as such;
6. To ensure that all hearings and investigations before the commission are governed by this chapter and by rules of practice and procedure adopted by the commission, and in the conduct thereof the commission shall not be bound by the technical rules of evidence. No informality in any proceedings or hearing, or in the manner of taking testimony before the commission, shall invalidate any order, decision, rule or regulation made, approved or confirmed by the commission; provided, however, that no order, decision, rule or regulation made by any designated commissioner conducting any hearing or investigation alone shall be of any force or effect whatsoever unless and until concurred in by at least one of the other two members;
7. To hear and determine appeals or complaints respecting any examination and such other matters as may be referred to the commission pursuant to the duties outlined in this section;
8. To establish and maintain in card or other suitable form a roster of employees covered by civil service;
9. To provide for, formulate and hold competitive tests to determine the relative qualifications of persons who seek employment in any class or position and as a result thereof establish eligible lists for the various classes of positions as established by the city, and to provide that employees laid off because of curtailment of expenditures, reduction in force, and for the like caused other than for disciplinary reasons, head the list in the order of their seniority, to the end that they shall be the first to be re-employed;
10. When a vacant position is to be filled, to certify to the appointing authority on written request, the name of the five persons highest on the eligible list for the class as provided in MCMC 4.06.150. Where more than one vacant position is to be filled, the commission shall certify, from those highest on the eligible list, five times the number of persons necessary to fill the vacant positions;
11. To keep such records as may be necessary for the proper administration of this chapter;
12. To utilize private contractors to exercise the powers and performance of the duties enumerated in subsections (A)(2), (3), (8) and (9) of this section. The commission shall make all such authorizations by motion confirmed in writing, and only to private contractors determined by the commission to have sufficient qualifications and knowledge of civil service recruitment and testing procedures to fulfill the requirements of this chapter. Nothing in this subsection shall be interpreted to preclude the commission from authorizing other contractors to exercise the same powers or perform the same duties enumerated in said subsections, or from exercising said powers or duties without the assistance of private contractor(s). The commission shall monitor the performance and operation of any private contractor(s) authorized under this subsection and shall take such actions as are necessary to ensure that the private contractor(s) comply with this chapter, the commission’s rules, the Mill Creek Municipal Code, and any applicable statutes, regulations or laws.
B. The city manager shall appoint a person to hold the position of secretary and chief examiner. The duties of the secretary and chief examiner shall be to keep the records of the commission, preserve all reports made to it, superintend and keep a record of all examinations held under its direction, and perform such other duties as the commission may prescribe.
C. The commission shall have no power to make any rule concerning the resignation or voluntary separation from employment of any person holding a position covered by this chapter. (Ord. 2009-693 § 2; Ord. 2006-640 § 3; Ord. 2001-518 § 1. Formerly 2.11.040)
4.06.050 Persons included – Appointments, transfers, discharges, and reinstatements.
A. The provisions of this chapter shall apply to all full-time fully commissioned officers of the city’s police department, except for positions above sergeant, of whatever designation, up to and including the chief of police, who, because of the nature of their positions, shall serve in their positions as other city department heads and assistants without civil service coverage.
B. The provisions of this chapter shall apply to all full-time, regular clerical staff, dispatchers, mechanics, and other full-time, regular employees of the police department that are not fully commissioned, except the chief may appoint a noncommissioned manager to assist with the administration of the department without civil service coverage.
C. All clerical staff, dispatchers, mechanics, volunteers and other employees who are not full-time, regular paid employees of the city’s police department are excluded from coverage under this chapter.
D. The position of civil service secretary and chief examiner shall not be a civil service position.
E. All appointments to and promotions covered by this chapter shall be made solely on merit, efficiency and fitness, which shall be ascertained by competitive examination and impartial investigation. No person shall be reinstated in or transferred, suspended or discharged from any such place, position, or employment contrary to the provisions of this chapter. (Ord. 2012-748 § 1 (Exh. A); Ord. 2009-693 § 2; Ord. 2006-640 § 3. Formerly 2.11.050)
4.06.060 Existing personnel continued under civil service.
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 having completed probation in the police department and entitled to civil service coverage under the provisions of this chapter are hereby declared regularly appointed under civil service to the offices, places, positions or employments which they shall then hold respectively, and not on probation, and every such person is hereby automatically adopted and inducted into civil service, into such office, place, position or employment which such person then holds. Nothing in this chapter shall be construed to exculpate or excuse any conduct of any employee committed or engaged in prior to the enactment of the ordinance codified herein, and such conduct may be considered by the appointing authority and the commission in any disciplinary action taken with respect to an employee whose position is covered by this chapter. (Ord. 2009-693 § 2; Ord. 2006-640 § 3. Formerly 2.11.060)
4.06.070 Qualifications of applicants.
An applicant for a position of any kind under civil service under the provisions of this chapter must be a citizen of the United States of America or a lawful permanent resident who can read and write the English language, must be of an age suitable for the position applied for, must be in ordinary good health, and must be of good moral character and of temperate and industrious habits. These facts shall be ascertained in such manner as the commission may deem advisable.
An application for a position may be rejected if the city deems that it does not have the materials, funding, or staff time necessary to conduct the background investigation required pursuant to Chapter 43.101 RCW. Nothing in this section impairs an applicant’s rights under state antidiscrimination laws. (Ord. 2018-833 § 1; Ord. 2009-693 § 2; Ord. 2006-640 § 3. Formerly 2.11.070)
4.06.080 Grounds for discharge, reduction or deprivation of privileges.
The tenure of everyone holding an office, place, position or employment under the provisions of this chapter shall be only during good behavior. 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 for just cause. (Ord. 2009-693 § 2; Ord. 2006-640 § 3. Formerly 2.11.080)
4.06.090 Pre-disciplinary meeting.
A. A person in the classified civil service who has been regularly appointed or inducted into civil service under the provisions of this chapter shall be entitled to a pre-disciplinary hearing prior to removal, discharge, suspension without pay, demotion or reduction in rank. A resignation or voluntary separation from employment shall not be considered a removal, suspension, demotion or discharge.
B. If, upon completion of the pre-disciplinary meeting, the appointing authority determines that there is sufficient evidence to warrant removal, suspension, demotion or discharge of the employee, the appointing authority shall give the employee a written statement which contains, in general terms, the reason for the disciplinary action and a statement of the proposed disciplinary action.
C. Any regular civil service employee aggrieved by a disciplinary action of the appointing authority pursuant to this section may, within 10 calendar days from the date of receipt of the statement of disciplinary action, file with the commission at City Hall a written demand for an investigation and/or hearing; provided, however, that any collective bargaining agreement by which the city and an aggrieved civil service employee are bound may provide for an exclusive alternative appeal process at the aggrieved employee’s election. (Ord. 2009-693 § 2; Ord. 2006-640 § 3. Formerly 2.11.090)
4.06.100 When hearing required – Notice.
A. Whenever the commission shall receive a timely, written demand for investigation by an employee or citizen, the commission shall schedule a hearing in order to conduct such investigation. The hearing shall be open to the public, except as otherwise provided by law, and shall be held not less than 20 days, nor more than 60 days, after receipt of the written demand for investigation, unless good cause is shown for either an earlier or later scheduling.
B. Written notice of the scheduled hearing shall be mailed certified mail, return receipt requested, not less than 10 calendar days prior to the date selected for the hearing. The notice shall be mailed to the petitioner, or the attorney or representative designated in the demand, and also to the appointing authority.
C. If a collective bargaining agreement by which the city and an aggrieved employee are bound provides for an exclusive alternative appeal process, and if the aggrieved employee elects such alternative appeal process pursuant to the terms of the collective bargaining agreement, then (1) the appeals procedure described in the agreement shall apply to the aggrieved employee’s appeal, (2) the aggrieved employee shall have no right to and shall be deemed to have waived an appeal to the commission pursuant to these rules, and (3) the commission shall have no jurisdiction to hear the aggrieved employee’s appeal or any appeal of the final decision made pursuant to the appeals process set forth in the collective bargaining agreement. (Ord. 2009-693 § 2; Ord. 2006-640 § 3. Formerly 2.11.100)
4.06.110 Hearings – Legal counsel.
Both the appointing authority and the employee shall have the right to be represented by legal counsel at their own expense at all stages of the commission’s investigation and hearing. In addition, the commission may, in its discretion, retain independent counsel at city expense to assist the commission in the conduct of the hearing process. (Ord. 2009-693 § 2; Ord. 2006-640 § 3. Formerly 2.11.110)
4.06.120 Hearings – Scope and standard of review.
Hearings, appeals or review of disciplinary actions taken by the appointing authority shall be quasi-judicial in nature and shall be conducted de novo. The inquiry of the commission shall be limited in such matters to the determination of the question of whether the 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 just cause. In the event of an alleged violation of a rule or regulation, the commission shall determine whether such violation did occur. (Ord. 2009-693 § 2; Ord. 2006-640 § 3. Formerly 2.11.120)
4.06.130 Hearings – Procedure.
A. The chairperson or acting chairperson of the commission shall conduct the hearing in an orderly manner and shall rule on all procedural matters, objections and motions made by any party and may issue subpoenas as provided by law.
B. The testimony of all witnesses shall be under oath. All documents which any party wishes to have the commission review as part of the evidence shall be introduced as exhibits. A verbatim record of the proceeding shall be kept.
C. All portions of the hearing shall be open to the public, with the following exceptions:
1. Where all parties agree to a closed hearing; or
2. Where the chairperson determines that, because of the sensitive nature of a witness’s testimony, the hearing should be closed during that testimony in order to prevent unnecessary embarrassment to the witness; or
3. Where the commission determines to exclude witnesses who have not yet testified or who may be recalled to testify during the testimony of other witnesses; or
4. During the evaluation and deliberation of the commission.
D. The chairperson shall determine the proper order and format of the hearing.
E. The appointing authority bears the burden of sustaining a removal, suspension, demotion or discharge. A citizen petitioning the commission to investigate irregularities or abuses bears the burden of showing that such irregularities or abuses occurred. All matters to be proven by any party shall be proven by a preponderance of the evidence.
F. In conducting the hearing, the commission shall not be bound by the technical rules of evidence. The commission may receive and examine any and all evidence which it determines to be relevant to the issues before the commission.
G. During the presentation of the testimony, each party shall be allowed direct examination, if the witness is called by the party in his or her own case in chief or rebuttal, or cross-examination, if the witness is called by an adverse party in such party’s case in chief or rebuttal. In addition, each commissioner and the commission’s legal counsel, if any, may question any witness. (Ord. 2009-693 § 2; Ord. 2006-640 § 3. Formerly 2.11.130)
4.06.140 Decision of commission – Appeal.
A. After the hearing has been completed, the commission shall deliberate and reach a decision concerning the disciplinary action. If the commission finds that the removal, suspension, demotion or discharge was made for political or religious reasons or was not made in good faith for cause, the commission shall order the immediate reinstatement or re-employment of the employee in the office, place, position or employment from which such 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 the time of such removal, suspension, demotion or discharge. If, on the other hand, the commission finds that such removal, suspension, demotion or discharge was not made for political or religious reasons and was made in good faith for cause, the commission may affirm the removal, suspension, demotion or discharge, or, in lieu thereof, may order such greater or lesser discipline as it deems appropriate under the circumstances.
B. In rendering its decision, the commission shall make written findings and conclusions in support thereof. The findings shall contain a summary of the evidence relied upon by the commission in reaching its decision and the conclusions shall indicate the commission’s reasoning in applying the standard of review set forth in MCMC 4.06.120 to the facts. The findings of the commission shall be certified in writing to the appointing power and shall be enforced by such power.
C. The employee in any removal, suspension, demotion or discharge may appeal from the commission’s decision or order to the Snohomish County superior court. Such appeal shall be taken by filing with the Snohomish County superior court and serving the commission, each within 10 calendar days after the entry of the commission’s judgment or order, with a written notice of appeal, stating the grounds thereof, and demanding that a certified transcript of the record and all papers and exhibits 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 employee shall pay to the commission as determined by the secretary all costs of preparing the transcript at the time the notice of appeal is filed. The commission shall, within 30 calendar days after the filing of such notice and the payment of costs, make, certify, and file such transcripts with such court. The Snohomish County superior court shall 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 made by the commission was or was not made in good faith for cause, and no appeal to such court shall be taken except upon such grounds. (Ord. 2009-693 § 2; Ord. 2006-640 § 3. Formerly 2.11.140)
4.06.150 Filling vacancies – Probation.
A. Whenever a position in the classified service becomes vacant, the appointing authority, if it desires to fill the vacancy, shall make requisition upon the commission for the names and addresses of the persons eligible for appointment thereto, or may appoint a qualified former employee.
B. If an eligible list exists for the class of such position, the commission shall forthwith certify the names of the top five persons eligible for appointment to the appointing authority, and the appointing authority shall appoint to the position one person so certified; provided, that they are in fact found to be qualified for the position by the appointing authority.
C. If there is no eligible list for the class the commission shall either establish such a list as provided in this chapter or otherwise determine what list shall be deemed appropriate for such class. The commission shall then certify the names of the five persons standing highest on the list and the appointing authority shall appoint one person so certified to the position, providing that they are found in fact to be qualified for the position by the appointing authority.
D. If there is an eligible list for the class which contains the names of less than one eligible, the appointing authority may, upon being notified of such fact, elect to fill the vacancy by provisional appointment until the eligible list contains the names of at least one eligible, or may, in the alternative, request that the commission certify the names of those remaining on the list for appointment.
E. If there is more than one position to be filled, the civil service commission shall certify, from those highest on the eligible list, the names of five times the number of persons necessary to fill the vacant positions to the appointing authority and the appointing authority shall appoint one person from those certified to each of the available positions; provided, that they are in fact found to be qualified for the position by the appointing authority.
F. If, upon the conduct of any background or other investigation by the appointing authority, the appointing authority determines that the name of any person should be removed from the eligible list, the commission shall remove the name forthwith. If any name is so removed or if any person certified by the commission requests not to be considered for appointment, the commission shall certify the next highest person on the eligible list to replace those removed. Any person requesting not to be considered for appointment may, at the sole discretion of the appointing authority, be returned to the eligible list at the position warranted by their examination results for the purposes of consideration for subsequent offers of appointment.
G. To 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 probationary period. During the probationary period, the appointing authority shall determine whether such person is unfit or unsatisfactory for service in the department. If the appointing authority finds that any probationary employee is unfit or unsatisfactory for any reason, the appointing authority may terminate the probationary employee at or before the end of this probationary period.
H. Upon such termination of employment, the appointing authority shall request the commission to certify the next five persons highest on any eligibility list in accordance with this section. Upon appointment, the person appointed shall likewise enter upon the duties of the position for a probationary period in the same manner as the original appointment. This process shall be repeated until some person is found who is deemed fit for appointment, employment, or promotion, for the duration of the probationary period, whereupon the appointment, employment, or promotion shall be deemed complete.
I. The appointing authority may, in its discretion, extend probation for any appointee for up to an additional six months after expiration of the original probationary period.
J. For purposes of this section, both the first and last days an appointee works shall be included in computing the probationary period. Fractional portions of a day count as a whole day. (Ord. 2009-693 § 2; Ord. 2006-640 § 3. Formerly 2.11.150)
4.06.160 Emergency, provisional and temporary appointments.
A. In order to meet the immediate requirements of an emergency condition which threatens the public safety, the appointing authority may employ any person or persons in a position covered by this chapter without regard to the restrictions imposed herein. Such employment shall be limited to the duration of the emergency period.
B. The appointing authority may make a provisional appointment to a position covered by this chapter when no eligible list exists for the position. Such appointment shall expire upon the establishment of an eligible list for the position by the commission and the appointment of a person from such list by the appointing authority.
C. Whenever a temporary position or temporary vacancy in a position exists, the appointing authority may fill such position or vacancy using the following procedures:
1. In making a temporary appointment, the appointing authority shall make requisition to the secretary and chief examiner in the manner provided for regular appointment but shall indicate the time at which it is estimated the position will terminate. The secretary and chief examiner shall notify the person or persons appearing on the appropriate eligibility list or lists, indicating the nature of the position and its duration, to learn who may be willing to accept temporary appointment. The five most qualified persons willing to accept shall be certified by the appointing authority.
2. Notwithstanding the provisions of subsection (C)(1) of this section, the appointing authority may make temporary transfers or appointments to fill temporary vacancies caused by disability, illness, vacations, or other justifiable basis, without seeking a list of eligibles therefor, and the employee temporarily filling the position may be paid the compensation usually paid for such service.
D. No temporary or provisional appointment shall be continued and no person shall be employed in a position on a temporary or provisional basis for more than 12 months; provided, that a temporary or provisional appointment may be extended for up to an additional six months if for any reason it cannot be determined at the expiration of the initial appointment that the position being filled by temporary or provisional appointment will in fact continue to be vacant, such as in the instance of a position vacant due to an officer on disability leave under the LEOFF Act, or for other good cause which in the discretion of the commission warrants an additional extension of such provisional or temporary appointment.
E. The period during which any person serves in a position covered by this chapter as a provisional or temporary appointee shall not be credited against any probationary period for a permanent appointment and shall not be used in computing time in grade or time of service for purposes of promotion. (Ord. 2009-693 § 2; Ord. 2006-640 § 3. Formerly 2.11.160)
4.06.170 Power to create offices, make appointments and fix salaries not infringed.
All offices, places, classifications, job descriptions, positions and employments coming within the purview of this chapter shall be created by the city manager and/or city council as authorized by law, and nothing contained in this chapter shall infringe upon the power and authority of the city manager, city council, or appointing authority to fix the salaries and compensation of all employees employed hereunder. (Ord. 2009-693 § 2; Ord. 2006-640 § 3. Formerly 2.11.170)
4.06.180 Enforcement by civil action – Legal counsel.
It shall be the duty of the commission to begin and conduct all civil suits which may be necessary for the proper enforcement of this chapter and of the rules of the commission. The commission shall be represented in such suits by the city attorney, or his/her designee, but the commission may in any case be represented by special counsel appointed by it. (Ord. 2009-693 § 2; Ord. 2006-640 § 3. Formerly 2.11.180)
4.06.190 Deceptive practices, false marks and other acts prohibited.
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 of 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 same, or concerning the person examined, or furnish any person any special or secret information for the purpose of improving or injuring the prospects or chances of any person so examined, registered or certified, or to be examined, registered or certified or persuade any other person, or permit or aid in any manner any other person to impersonate him, in connection with any examination or registration of application or request to be examined or registered. (Ord. 2009-693 § 2; Ord. 2006-640 § 3. Formerly 2.11.190)
4.06.200 Penalty – Jurisdiction.
Any person who shall willfully violate any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $5,000 or by imprisonment in jail for not longer than one year or by both such fine and imprisonment. (Ord. 2009-693 § 2; Ord. 2006-640 § 3. Formerly 2.11.200)
4.06.210 Applicability.
A. The examination and eligibility provisions of this chapter and establishment of positions covered by civil service by the provisions of this chapter shall be effective for all appointments made after the effective date of the ordinance codified in this chapter.
B. The terms and conditions of this chapter and the terms and conditions of regulations adopted by the commission, as now or hereafter amended, shall not be subject to collective bargaining; provided, that this prohibition shall not restrict incorporation of such terms and conditions into collective bargaining agreements. (Ord. 2009-693 § 2; Ord. 2006-640 § 3. Formerly 2.11.210)
4.06.220 Severability.
If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter. (Ord. 2009-693 § 2; Ord. 2006-640 § 3. Formerly 2.11.220)