Chapter 2.64
Civil Service System
Sections:
2.64.010 Application of chapter.
2.64.015 Exclusion of chiefs of police department and fire department.
2.64.020 Civil service commission created--Appointment –Terms--Removal--Quorum.
2.64.030 Commission organization--Powers--Duties –Secretary duties.
2.64.040 Competitive examinations--Transfers, discharges and reinstatements.
2.64.045 Tests--Fee schedule establishment,
2.64.050 Existing firemen and policemen blanketed under civil service.
2.64.060 Qualifications of applicants--Commission may not prescribe residence requirements.
2.64.070 Tenure of employment--Grounds for discharge, reduction, or deprivation of privileges.
2.64.080 Procedure for removal, suspension, demotion or discharge--Investigation--Hearing--Appeal.
2.64.090 Filling of vacancies--Probationary period--Procedure.
2.64.100 Power to create offices, make appointments and fix salaries not infringed.
2.64.110 Leaves of absence--Notice--Filling vacancy.
2.64.120 Deceptive practices, false marks, etc., prohibited.
2.64.130 Political contributions and services--Notrequired--Solicitation and coercion prohibited.
2.64.140 Cooperation of city officers and employees enjoined.
2.64.150 Penalty--Jurisdiction.
2.64.010 Application of chapter.
The classified civil service and provisions of this chapter shall include all full time paid employees of the Montesano fire department, and police department, and other employees of the city of Montesano who may be included within the coverage of the city’s civil service system by ordinance. The chief or head of any department within the coverage of the city’s civil service system shall also be covered by said system. (Ord. 1040 §1, 1977: Ord. 917 §1, 1971)
2.64.015 Exclusion of chiefs of police department and fire department.
A. Notwithstanding any other provision of this chapter, the following terms and conditions shall apply as to the appointment, tenure and removal of the chief of the department at such time as the exemptions allowed pursuant to RCW 41.08.050 and 41.12.050 apply:
1. The position of chief of the respective departments shall be excluded from coverage within the civil service system of the city.
2. Appointment of the chief of the department shall by by the mayor subject to confirmation by a majority vote of the council.
3. Prior to the appointment, the following steps shall be undertaken:
a. The mayor shall establish the qualifications required of any applicant to the office of chief and submit them to the council for approval.
b. The mayor may carry forth such program of testing as is determined, in the judgment of the mayor and council, to best meet the goal of the selection process: the selection of the best-qualified individual to serve in the position of chief.
c. The terms and conditions of appointment and service with the city shall be governed by the general resolutions of employment for employees of the city and not by the terms and conditions of the civil service ordinance, rules, and procedures.
B. In the event the mayor determines it necessary and appropriate to remove a chief appointed pursuant to the provisions of this section from his or her position, then such removal shall be made in the sole discretion of the mayor, subject only to the approval of a majority vote of the city council, subject further to such limitations as may be spelled out in any contract for employment between the individual and the city.
C. It is the intention of the city to create an alternative means of designation of chiefs of the departments in question. To the extent that such procedure is utilized, the civil service ordinance shall be inapplicable in all manners whatsoever, including but not limited to methodology of selection, methodology and justification for removal, basis for discipline and methodology for appeal. In further recognition of this being an alternative the mayor may, with the consent of the council, waive the election to utilize this methodology and choose to select the chief pursuant to the provisions of the civil service ordinance of this city and any rule or regulation adopted thereunder. In the event of such an election, then any individual chosen utilizing the civil service procedures shall be deemed to be subject to those provisions and the provisions of this section shall not be applicable to the individual so serving. (Ord. 1550 §1, 2011: Ord. 1269 §1, 1988).
2.64.020 Civil service commission created--Appointment--Terms--Removal--Quorum.
There is hereby created in the city of Montesano a civil service commission which shall be composed of three persons.
The members of such commission shall be appointed by the mayor. The members of such commission shall serve without compensation.
No person shall be appointed a member of such commission who is not a citizen of the United States, a resident of Montesano at the time of appointment and at all times during the service thereon, and an elector of Grays Harbor County. The term of office of such commissioners shall be for six 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 four years, and one to serve for a period of six years. Any member of such commission may be removed from office 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 had. 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. 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. Confirmation of said appointment or appointments by any legislative body shall be required. At the time of any appointment not more than two commissioners shall be adherents of the same political party. (Ord. 1284 §1, 1989: Ord. 1040 §2, 1977: Ord. 917 §2, 1971).
2.64.030 Commission organization--Powers--Duties –Secretary duties.
Immediately after appointment the commission shall organize by electing one of its members chairman and hold regular meetings at least once per month and such additional meetings as may be necessary for the proper discharge of their duties.
They shall appoint a secretary and chief examiner, who 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 may prescribe. The secretary and chief examiner may be subject to the same limitations as are provided in the case of members of the classified civil service. The secretary and chief examiner shall be appointed from any employees of the city. It shall by the duty of the civil service commission:
(1) To make suitable rules and regulations not inconsistent with the provisions of this chapter. 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 connected with the general subject of personnel administration, and which may be considered desirable to further carry out the general purposes of this chapter, or which may be found to be in the interest of good personnel administration. Such rules and regulations shall be submitted to the next meeting of the city council following the adoption of the rule or regulation by the commission, and shall go into effect on the Wednesday following such council meeting unless such rule or regulation, or portion thereof, is objected to by a majority of the council. On the motion of a majority of the council, any such rule or regulation, or portion thereof, may be referred to a committee, to be accepted or rejected at the next council meeting. The rules and regulations and any amendments thereof shall be printed, photographed, mimeographed or multigraphed for free public distribution. Such rules and regulations may be changed from time to time;
(2) All tests shall be practical, and shall consist only of subjects which will fairly determine the capacity of persons examined to perform duties of the position to which appointment is to be made, and may include tests of physical fitness and/or of manual skill;
(3) The rules and regulations adopted by the commission shall provide for a credit of ten percent in favor of all applicants for appointment under civil service, who, in time of war, or in any expedition of the armed forces of the United States, have served in and been honorably discharged from the armed forces of the United States. These credits apply to entrance examinations only;
(4) In the course of any hearing or investigation the commission or designated commissioner, or chief examiner, shall have the power to administer oaths, subpoena and require the attendance of witnesses and the production by them of books, papers, documents and accounts appertaining to the investigation and also to cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the superior court; and the oaths administered hereunder shall have the same force and effect as the oaths administered by a superior court judge in his judicial capacity; 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;
(5) All hearings and investigations before the commission, or designated commissioner, or chief examiner, shall be governed by this chapter and by rules of practice and procedure to be adopted by the commission, and in the conduct thereof neither the commission, nor designated commissioner shall 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 or designated commissioner, shall invalidate any order, decision, rule or regulation made, approved or confirmed by the commission: Provided, however, that no order, decision, rule or regulation made by any designated commissioner conducting any hearing or investigation alone shall be of any force or effect whatsoever unless and until concurred in by at least one of the other two members;
(6) To hear and determine appeals or complaints respecting the administrative work of the commission; appeals upon the allocation of positions; the rejection of an examination, and such other matters as may be referred to the commission;
(7) Establish and maintain in card or other suitable form a roster of officers and employees;
(8) 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, and to provide that men laid off because of curtailment of expenditures, reduction in force, and for like causes, head the list in the order of their seniority, to the end that they shall be the first to be reemployed;
(9) When a vacant position is to be filled, to certify to the appointing authority, on written request, the names and addresses, together with a notation of military service if any, of the first three candidates on the list or register of eligibles for the position to be filled. If there are no such lists, to authorize provisional or temporary appointment list of such class. Such temporary or provisional appointment shall not continue for a period longer than six months; nor shall any person receive more than one provisional appointment or serve more than six months as a provisional appointee in any one fiscal year;
(10) Keep such records as may be necessary for the proper administration of this chapter;
(11) To organize, upon employment, and to insure that the provisions of this chapter are carried into effect. The failure upon the part of said commission or any individual member thereof to so act shall be deemed a violation of this chapter and shall be punishable as such. (Ord. 1040 §§3, 12, 1977: Ord. 917 §3, 1971).
2.64.040 Competitive examinations--Transfers, discharges, and reinstatements.
All appointments to and promotions in the classified civil service shall be made solely on merit, efficiency and fitness, which shall be ascertained by open competitive examination and impartial investigation. No person shall be reinstated in or transferred, suspended or discharged from any such place, position or employment contrary to the provisions of this chapter. (Ord. 917 §4, 1971).
2.64.045 Tests--Fee schedule establishment.
The civil service commission shall have the authority by rule or regulation to establish a schedule of fees to be paid by applicants seeking employment within the positions subject to the authority of the civil service commission of the city; provided, that any such rule or regulation, as it may from time to time be existing, shall in no event provide for payment by an individual applicant of any sum greater than the actual cost of administration of the test. (Ord. 1165 §1, 1981).
2.64.050 Existing firemen and policemen blanketed under civil service.
For the benefit of the public service and to prevent delay, injury, or interruption therein by reason of the enactment of the ordinance codified herein, all persons holding a full time paid position in the classified civil service, including the chiefs thereof, when the ordinance codified herein takes effect, who shall have served in such position for a period of at least six months last past continuously, are hereby declared eligible for permanent appointment under civil service to the offices, places, positions or employments which they shall then hold, respectively, without examination or other act on their part, and not on probation; and every such person is hereby automatically adopted and inducted permanently into civil service, into such office, place, position or employment which such person then holds as completely and effectually to all intents and purposes as if such person had been permanently appointed thereto under civil service after examination and investigation. (Ord. 917 §5, 1971).
2.64.060 Qualification of applicants--Commission may not prescribe residence requirements.
An applicant for a position of any kind under civil service must be a citizen of the United States of America or a lawful permanent resident who can read and write the English language; provided, that in appropriate cases the commission may waive the requirement as to literacy in the English language. The city shall not require any person applying for or holding any office, place, position or employment under the provisions of this chapter to reside within the limits of Montesano as a condition of employment or discriminate in any manner against any such person because of his residence outside the corporate limits of the city.
An applicant for a position of any kind under civil service must be of an age suitable for the position applied for, in ordinary good health, of good moral character and of temperate and industrious habits; these facts to be ascertained in such manner as the commission may deem advisable. (Ord. 1614 §1, 2018: Ord. 1040 §§4, 11, 1977: Ord. 917 §6, 1971).
2.64.070 Tenure of employment--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, and any such person may be removed or discharged, suspended without pay, demoted, or reduced in rank, or deprived of vacation privileges or other special privileges for any of the following reasons:
(1) Incompetency, inefficiency or inattention to or dereliction of duty;
(2) Dishonesty, intemperance, immoral conduct, insubordination, discourteous treatment of the public, or a fellow employee, or any other act of omission or commission tending to injure the public service; or any other wilful failure on the part of the employee to properly conduct himself; or any wilful violation of the provisions of this chapter or the rules and regulations to be adopted hereunder;
(3) Mental or physical unfitness for the position which the employee holds;
(4) Dishonest, disgraceful, immoral or prejudicial conduct;
(5) Drunkenness or use of intoxicating liquors, controlled substance, liquid or preparation to such extent that the use thereof interferes with the efficiency or mental or physical fitness of the employee, or which precludes the employee from properly performing the functions and duties of any position under civil service;
(6) Conviction of a felony, or a misdemeanor, involving moral turpitude. (Ord. 1040 §5, 1977: Ord. 917 §7, 1971).
2.64.080 Procedure for removal, suspension, demotion or discharge--Investigation--Hearing--Appeal.
No person in the classified civil service who has been permanently appointed or inducted into civil service under provisions of this chapter shall be removed, suspended, demoted or discharged except for cause, and only upon the written accusation of the appointing power, or any citizen or taxpayer, a written statement of which accusation, in general terms, shall be served upon the person charged, and a duplicate filed with the commission. Any person so removed, suspended, demoted or discharged by an appropriate authority may within ten days from the time of his removal, suspension, demotion or discharge, file with the commission a written demand for an investigation, whereupon the commission shall conduct such investigation; provided, that in the event the appointing authority, upon the basis of a written accusation a copy of which has been served upon the person charged, and the response of the person charged, has suspended, without pay, a person for three days or less from his position, the commission shall not have jurisdiction to conduct an investigation and the suspension shall be without appeal. An investigation shall be confined to the determination of the question of whether such removal, suspension, demotion or discharge was or was not made for political or religious reasons and was or was not made in good faith for cause. After such investigation, the commission may affirm the removal, or if it finds that the removal, suspension, or demotion was made for political or religious reasons, or was not made in good faith for cause, shall order the immediate reinstatement or reemployment of such person 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. The. commission upon such investigation, in lieu of affirming the removal, suspension, demotion or discharge 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 power, and shall be forthwith enforced by such officer.
All investigations made by the commission pursuant to the provisions of this section shall be by public hearing, after reasonable notice to the subject employee of the time and place of such hearing, at which hearing the subject employee shall be afforded an opportunity of appearing in person and by counsel, and presenting his defense; provided, that to the extent allowed by the laws of the state of Washington, including but not limited to RCW 42.30.110, such hearings may be closed to the public upon the request of the subject employee and with the consent of the commission. If such judgment or order is concurred in by the commission or a majority thereof, the accused may appeal therefrom to the Superior Court of the state of Washington in and for Grays Harbor County. Such appeal shall be taken by serving the commission, within thirty days after the entry of such judgment or order, a written notice of appeal, stating the grounds thereof, and demanding that a certified transcript of the record and of all papers on file in the office of the commission affecting or relating to such judgment or order be filed by the commission with such court. The commission shall, within ten days after the filing of such notice, make, certify and file such transcript with such court. The court of original and unlimited jurisdiction in civil suits shall thereupon proceed to hear and determine such appeal in a summary manner; provided, however, that such hearing shall be confined to the determination of whether the judgment or order of removal, discharge, demotion or suspension made by the commission, was or was not made in good faith for cause, and no appeal to such court shall be taken except upon such ground or grounds. (Ord. 1083 Si, 1978: Ord. 1040 §6, 1977: Ord. 917 §8, 1971).
2.64.090 Filling of vacancies--Probationary period --Procedure.
Whenever a position in the classified service becomes vacant, or whenever a position is held by a temporary appointee and an eligible list for the class of such position exists, the appointing power, if it desires to fill the vacancy, shall make requisition upon the commission for the names and ad: dress of personseligible for appointment thereto. The commission shall certify the names of the three persons highest on the eligible list for the class to which the vacant position has been allocated, who are willing to accept employment. If there is no appropriate eligible list for the class, the commission shall certify the names of the three persons standing highest on said list held appropriate for such class. If more than one vacancy is to be filled, an additional name shall be certified for each additional vacancy. The appointing power shall have the authority to request creation of a new list when in his judgement theexisting list no longer reflects the most qualified individuals available. The appointing power shall make the appointment from the name or names certified to him by the commission. The department head may require each candidate's examination results. Appointments may be made without regard to the order or sequence of certification, subject to any preferences established by ordinance.
To enable the appointing power to exercise a choice in the filling of positions, no appointment, employment or promotion in any position in the classified service shall be deemed complete until after the expiration of a period of twelve months probationary service, during which the appointing power may terminate the employment of the person certified to him; or it, if during the performance test thus afforded, upon observation or consideration of the performance of duty, the appointing power deems him unfit or unsatisfactory for service in the department. If an appointee has not been discharged, his appointment shall automatically become permanent at the expiration of the probationary period. (Ord. 1217 §1, 1985: Ord. 1108 §1, 1979: Ord. 1040 §7, 1977; Ord. 917 §9, 1971).
2.64.100 Power to create offices, make appointments and fix salaries not infringed.
All offices, places, positions and employments coming within the purview of this chapter, shall be created by the mayor and the city council. The mayor is vested by law with the power and authority to select, appoint, or employ any person coming within the purview of this chapter, subject to the limits imposed by Section 2.60.030, and nothing herein contained shall infringe upon the power and authority of the city council to fix the salaries and compensation of all employees employed hereunder. (Ord. 1040 §8, 1977: Ord. 917 §10, 1971).
2.64.110 Leaves of absence--Notice--Filling vacancy.
Leave of absence, without pay, may be granted by any appointing power to any person under civil service: Provided, that such appointing power shall give notice of such leave to the commission. All temporary employment caused by leaves of absence shall be made from the eligible list of the classified civil service. (Ord. 917 §11, 1971).
2.64.120 Deceptive practices, false marks, etc., 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 the same, or concerning the person examined, or furnish any person any special or secret information for the purpose of improving or injuring the prospects or chances of any person so examined, registered or certified, or to be examined, registered or certified or persuade any other person, or permit or aid in any manner any other person to personate him, in connection with any examination or registration or application or request to be examined or registered. (Ord. 917 §12, 1971).
2.64.130 Political contributions and services--Not required--Solicitation and coercion prohibited.
No person holding any office, place, position or employment subject to civil service, is under any obligation to contribute to any political fund or to render any political service to any person or party whatsoever, and no person shall be removed, reduced in grade or salary, or otherwise prejudiced for refusing so to do. No public officer, whether elected or appointed, shall discharge, promote, demote or in any manner change the official rank, employment or compensation of any person under civil service, or promise or threaten so to do, for giving or withholding, or neglecting to make any contribution of money, or services, or any other valuable thing, for any political purpose. (Ord. 917 §13, 1971).
2.64.140 Cooperation of city officers and employees enjoined.
It shall be the duty of all officers and employees of the city of Montesano to aid in all proper ways of carrying out the provisions of this chapter and such rules and regulations as may, from time to time, be prescribed by the commission thereunder and to afford the commission, its members and employees, all reasonable facilities and assistance to inspect all books, papers, documents and accounts applying or in any way appertaining to any and all offices, places, positions and employments, subject to civil service, and also to produce said books, papers, documents and accounts, and attend and testify, whenever required so to do by the commission or any commissioner. (Ord. 917 §14, 1971).
2.64.150 Penalty--Jurisdiction.
Any person who shall wilfully 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 one hundred dollars. The police court shall have jurisdiction of all such offenses defined by this chapter, with right of appeal to the superior court. (Ord. 1040 §9, 1977: Ord. 917 §15, 1971).
2.64.160 Definitions.
As used in this chapter, the following terms shall have the following described meanings:
"Appointing power" means the mayor.
"Appointment" includes all means of selection or appointing or employing any person to hold any office, place, position or employment subject to civil service.
"Commission" means the civil service commission created in this chapter, and the term "commissioner" means any one of the three commissioners of that commission. (Ord. 1040 §10, 1977; Ord. 917 §16, 1971).