Chapter 2.40
CIVIL SERVICE
Sections:
2.40.030 Commission – Created – Appointment – Qualifications – Terms – Removal from office – Quorum.
2.40.040 Commission – Organization – Powers and duties.
2.40.050 Persons included – Procedures required.
2.40.060 Applicants for positions – Qualifications.
2.40.070 Residency as condition of employment – Prohibited.
2.40.080 Tenure of employment – Grounds for discharge, reduction or deprivation of privileges.
2.40.100 Vacancy filling procedures.
2.40.120 Power to create offices, make appointments and fix salaries not infringed.
2.40.130 Payroll approval authority.
2.40.140 Leave of absence – Notice required – Temporary employment.
2.40.150 Commission – Enforcement powers – Civil suits and legal counsel.
2.40.160 Deceptive practices – False marks, etc., prohibited.
2.40.170 Political contributions and services.
2.40.180 Office and supplies to be furnished.
2.40.190 Cooperation of city officers and employees enjoined.
2.40.200 Violation – Penalty – Court of jurisdiction.
2.40.010 Definitions.
As used in this chapter, the following mentioned terms shall have the following described meanings:
“Appointing power” means and includes every person or group of persons who, acting singly or in conjunction, as mayor, city manager, council, common council, commission, or otherwise, is or are invested by law with power of authority to select, appoint, or employ any person to hold any office, place, position or employment subject to civil service.
“Appointment” includes all means of selection, appointing or employing any person holding the office, place, position or employment subject to civil service.
“Commission” means the civil service commission herein created.
“Commissioner” means any one of the three commissioners of that commission. (Ord. 2004-4 § 1, 2004).
2.40.020 Applicability.
This chapter shall apply to all civil service positions in the police and fire departments. (Ord. 2004-4 § 1, 2004).
2.40.030 Commission – Created – Appointment – Qualifications – Terms – Removal from office – Quorum.
There is created a civil service commission which shall be composed of three persons. The members of such commission shall be appointed by the city manager. 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 and a resident of the city, for no less than three years prior to the effective date of appointment and an elector of the county wherein he resides. The term of office of such commissioner shall be for six years, each one term of office expiring each two-year period. 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. The commissioners hereunder shall be those serving as the board of civil service commissioners of the city under prior ordinances, rules and regulations, and their terms shall continue for the same period of time that each of said commissioners was appointed prior to the enactment of this chapter. (Ord. 2004-4 § 1, 2004).
2.40.040 Commission – Organization – Powers and duties.
The commission shall organize by electing one of its members chair and hold regular meetings as may be required for the proper discharge of their duties. They shall appoint a secretary and chief examiner, who shall keep the records for the commission, preserve all reports made to it, superintend and keep a record of all examinations held under its direction, and perform its other duties as the commission may prescribe. The secretary and chief examiner shall be appointed as a result of competitive examination, which examination may be either original and opened to all properly qualified citizens of the city, or promotional and limited to persons already in the service of the fire department or of the fire department and other departments of the city, as the commission may decide. The secretary and chief examiner may be subject to suspension, reduction or discharge in the same manner and subject to the same limitations as are provided in the case of members of the fire or police departments. It shall be the duty of the civil service commission:
A. To make suitable rules and regulations not inconsistent with the provisions of this chapter and not inconsistent with the provisions of negotiated contracts, if any. 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 may be changed from time to time. The rules and regulations and any amendments thereof shall be available for free public distribution;
B. To see that 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 skills;
C. To see that the rules and regulations shall provide for a credit in accordance with RCW 41.04.010 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 have been honorably discharged from the Armed Forces of the United States, including the Army, Navy and Marine Corps and the American Red Cross. These credits apply to entrance examinations only;
D. To make investigations concerning and report 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, positions and employments affected by this chapter, and ascertain whether this chapter and all such rules and regulations are being obeyed. Such investigations may be made by the commission or by any commissioner designated by the commission for that purpose. 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 what 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 designated commissioner, or chief examiner, shall have the power to administer oaths, subpoenas and require the attendance of witnesses and a production by them of books, papers, documents and accounts appertaining to the investigation and also the cause of deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions and civil actions in the superior court; and the oaths administered hereunder and the subpoenas issued hereunder shall have the same force and effect as the oaths administered by a superior court judge in his or her 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;
E. 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;
F. To hear and determine appeals or complaints respecting the administrative work of the personnel department; appeals upon the allocation of position; the rejection of an examination, and such other matters as may be referred to the commission under the provisions of this chapter;
G. To establish and maintain a roster of officers and employees;
H. 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, and to provide that persons laid off because of curtailment of expenditures, reduction in force, for like causes, head the list in the order of their seniority, to the end that they shall be the first to be reemployed;
I. When a vacant position is to be filled, to certify to the appointing authority the names of the three persons highest on the eligible list for the position. If there are no such lists, to authorize a provisional or temporary appointment list of such class. Such temporary or provisional appointment shall not continue for a period longer than four months; nor shall any person receive more than one provisional appointment or serve more than four months as a provisional appointee in any one fiscal year;
J. To keep such records as may be necessary for the proper administration of this chapter. (Ord. 2004-4 § 1, 2004).
2.40.050 Persons included – Procedures required.
The provisions under civil service and the provisions of this chapter shall include all full-time paid employees occupying civil service positions in the police and fire departments, except the police chief and fire chief. All appointments to and promotions in said departments shall be made solely on merit, efficiency and fitness, which shall be ascertained by open competitive examination and impartial investigation. No persons shall be reinstated in or transferred, suspended or discharged from any such place, position or employment contrary to the provisions of this chapter. (Ord. 2004-4 § 1, 2004).
2.40.060 Applicants for positions – Qualifications.
An applicant for a position of any kind under civil service must be a citizen of the United States of America who can read and write the English language. An applicant for a position of any kind under civil service must be suitable for the position applied for, in ordinary health, of good moral character and of temperate and industrious habit; these facts to be ascertained in such manner as the commission may deem advisable. (Ord. 2004-4 § 1, 2004).
2.40.070 Residency as condition of employment – Prohibited.
No person applying for or holding an office, place, position, or employment under the provisions of this chapter shall be required to reside within the city limits, nor shall any such person be discriminated against because of his residence outside the city limits. (Ord. 2004-4 § 1, 2004).
2.40.080 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:
A. Incompetency, inefficiency or inattention to or dereliction of duties;
B. 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;
C. Mental or physical unfitness for the position which the employee holds;
D. Dishonest, disgraceful, immoral or prejudicial conduct;
E. Drunkenness or use of intoxicating liquor, narcotics, or any other habit forming drug, 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 function and duties of any position under civil service;
F. Conviction of a felony or a misdemeanor involving moral turpitude;
G. Any other act or failure to act which in the judgment of the civil service commissioners is sufficient to show the offender to be an unsuitable and unfit person to be employed in the public service. (Ord. 2004-4 § 1, 2004).
2.40.090 Procedure for removal, suspension, demotion or discharge – Investigation – Hearing – Appeal.
A. No person in a classified civil service who shall have 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 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 accused, and a duplicate filed with the commission. Any person so removed, suspended, demoted or discharged may, within 10 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. The 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 shall find 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 of, 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 the 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 chapter shall be had by a public hearing, after reasonable notice to the accused of the time and place of such hearing, at which hearing the accused shall be afforded an opportunity of appearing in person and by counsel, and presenting his defense. If such judgment or order be concurred in by the commission or a majority thereof, the accused may appeal therefrom to the court of original and unlimited jurisdiction in civil suits of Yakima County.
B. Such appeal shall be taken by serving the commission, within 30 days after entry of such judgment or order, a written notice of appeal, stating the grounds thereof, and demanding that a certified transcription 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 10 days after the filing of such notice, 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 or 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. 2004-4 § 1, 2004).
2.40.100 Vacancy filling procedures.
Whenever a position of the classified service becomes vacant, the appointing power, if it desires to fill the vacancy, shall make requisition upon the commission for the names and addresses of persons eligible for appointment thereto. The commission shall certify the names of the top three persons highest on the eligible list for the vacant position. If more than one vacancy is to be filled, an additional name shall be certified for each additional vacancy. (Ord. 2004-4 § 1, 2004).
2.40.110 Probationary period.
No appointment, employment or promotion in any position in the classified service shall be deemed complete until after the expiration of a probationary period. (Ord. 2004-4 § 1, 2004).
2.40.120 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, altered or eliminated by the person or group of persons who, acting singly or in conjunction, as a mayor, city manager, chief, common council, commissioner or otherwise, are vested by law with power and authority to select, appoint or employ any person coming within the purview of this chapter, and nothing herein contained shall infringe upon the power and authority of any such person or group of persons, or appointing power, to establish the duties to fix the salaries and compensation of all employees employed hereunder. (Ord. 2004-4 § 1, 2004).
2.40.130 Payroll approval authority.
No treasurer, auditor, comptroller or other officer, or employee of the city, shall approve the payment of or be in any manner concerned in paying, auditing or approving any salary, wage or other compensation for services, to any person subject to the jurisdiction and scope of this chapter, unless the person has been appointed or employed in compliance with the terms of this chapter and with the rules of the commission. The treasurer shall refuse to pay any public officer or employee whom the commission finds to be illegally or improperly appointed, and may further refuse to pay any public officer or employee who shall willfully or through culpable negligence violate or fail to comply with this chapter or with the rules of the commission. (Ord. 2004-4 § 1, 2004).
2.40.140 Leave of absence – Notice required – Temporary employment.
Leaves 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. 2004-4 § 1, 2004).
2.40.150 Commission – Enforcement powers – Civil suits and 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 may be represented in such suits by the chief legal officer of the city or by other counsel selected by the commission with the approval of city council, the cost of which shall be borne by the city. (Ord. 2004-4 § 1, 2004).
2.40.160 Deceptive practices – False marks, etc., prohibited.
No commissioner or any other person shall, by himself/herself 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 considering the same or considering 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. 2004-4 § 1, 2004).
2.40.170 Political contributions and services.
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 to do so. 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, forgiving or withholding, or neglecting to make any contribution of money, or services, or any other valuable thing, for any political purpose. (Ord. 2004-4 § 1, 2004).
2.40.180 Office and supplies to be furnished.
The city shall provide the commission with suitable and convenient rooms and accommodations and cause the same to be furnished, heated and lighted, and supplied with all office supplies and equipment necessary to carry on the business of the commission and with such clerical assistance as may be necessary. (Ord. 2004-4 § 1, 2004).
2.40.190 Cooperation of city officers and employees enjoined.
It shall be the duty of all officers and employees of the city in carrying out the provisions of this chapter to afford the commission all reasonable facilities and assistance to inspect all books, papers, documents and accounts applying or in any way appertaining to any and all 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. (Ord. 2004-4 § 1, 2004).
2.40.200 Violation – Penalty – Court of jurisdiction.
Any person who willfully violates any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished as set forth in TMC 1.24.010. A court of original and unlimited jurisdiction in civil suit shall have jurisdiction of all such offenses defined by this chapter. (Ord. 2004-4 § 1, 2004).