Chapter 2.36
CIVIL SERVICE
Sections:
2.36.010 Established – Membership – Terms of office – Removal from office – Vacancy.
2.36.030 Duties of commission.
2.36.050 Eligibility for appointment.
2.36.060 Requirements for appointment.
2.36.070 Reasons for discharge or suspension.
2.36.080 Procedure for discharge or suspension.
2.36.090 Distribution of powers.
2.36.100 Certification – Records.
2.36.110 Certification of pay.
2.36.160 No political obligations.
2.36.170 Accommodations to be supplied by city – Appropriation.
2.36.010 Established – Membership – Terms of office – Removal from office – Vacancy.
(1) Civil service is established in the city for the police department of the city, to be administered by a civil service commission. The commission shall consist of three commissioners. The city attorney shall serve the commission in an advisory capacity, but shall not be entitled to a vote in any proceeding of the commission.
(2) The commissioners shall be appointed by the mayor, with the approval of the city council. The members of the commission shall serve without compensation. No person shall be appointed to the commission who is not a citizen of the United States, a resident of the city for at least three years immediately preceding such appointment, 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.
(3) Any member of such commission may be removed from office for incompetence, incompatibility or dereliction of duty, or malfeasance in office, or other good causes; provided, however, that no member of the commission shall be removed until charges have been preferred, in writing, due notice has been given and full hearing has been 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. Three members of such commission shall constitute a quorum and the votes of any three members of such commission concurring shall be sufficient for the decision of all matters and the transactions of all business to be decided or transacted by the commission under or by virtue of the provisions of this chapter.
(4) In the event a vacancy shall occur, there shall be appointed a commissioner not later than January 15th following the vacancy or an expired term. Appointment to fill vacancies shall be for the unexpired term. (Ord. 1603 § 1, 2017; Ord. 1159 § 1, 1998; Ord. 364 § 1, 1970)
2.36.020 Officers – Duties.
(1) Immediately after appointment, the commission shall organize by electing one of its members chairman and shall hold regular meetings at least once a month, and such additional meetings as may be required for the proper discharge of its duties.
(2) It 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 such other duties as the commission may prescribe.
(3) The secretary and chief examiner shall be appointed as a result of competitive examination which may be either original and open to all properly qualified citizens of the city, or promotional and limited to persons already in the service of the police department, or of the police department and other department of said city as the commission may decide. The secretary and chief examiner shall be subject to suspension, reduction or discharge as is provided in the case of members of the police department. (Ord. 1159 § 2, 1998; Ord. 364 § 2, 1970)
2.36.030 Duties of commission.
It shall be 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 shall 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 printed, mimeographed or multigraphed for free public distribution;
(2) All tests shall be practical, and shall consist only of subjects which will fairly demonstrate 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 of manual skill;
(3) The rules and regulations adopted by the commission shall provide for a credit of 10 percent in favor of all applications 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. The credits apply to entrance examinations only;
(4) The commission shall make investigations concerning the applicants and shall 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, places, positions and employments affected by this chapter, and ascertain whether this chapter and all rules and regulations are being obeyed. Such investigations may be made by the commission by any commissioner designated by the commission for that purpose. The commission must further make 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 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 pertaining 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. 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 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 or 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 of effect whatsoever unless and until concurred in by at least one of the other two commissioners;
(6) To hear and determine appeals or complaints respecting the administrative work of the personnel department, appeals upon the allocation of positions, the rejection of an examination, and such other matters as may be referred to the commission;
(7) To establish and maintain a roster of officers and employees;
(8) To provide for and conduct competitive tests to determine the relative qualifications of persons who seek employment in any class or position and as a result thereof to establish eligible lists for the various classes of positions, and to provide that persons 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 first to be re-employed;
(9) When a vacant position is to be filled, to certify to the mayor, on written request, the names of the first three candidates on the list or register of eligibles for the position to be filled. If there are less than three eligible candidates on the register, then the lesser number shall be certified. In the event that more than one position of the same grade is to be filled, the commission may certify a lesser number than three names for each position and may certify a single list from which the appointments shall be made. The commission may limit the number of times the same person shall be certified.
The mayor shall make the appointment from the name or names certified to him by the commission. The mayor may require each candidate to appear before him for interview and may inspect the candidate’s examination papers. Appointments may be made without regard to the order or sequence of certification, subject to any preferences established by ordinance.
All appointees shall be on probation for a period of one year from the date of appointment and may be discharged at any time during such probation as herein provided.
If a vacancy exists in any position and there is an extreme necessity that it be filled on a temporary basis, the department head, with the prior consent and approval of the commission, may make a temporary appointment to fill such position. Temporary appointments shall be for a period of not more than four months, and any one person shall be entitled to only one such temporary appointment;
(10) Keep such records as may be necessary for the proper administration of this chapter. (Ord. 1159 § 3, 1998; Ord. 364 § 3, 1970)
2.36.040 Persons included in civil service – Appointments – Promotions – Reinstatement – Transfer – Suspension – Discharge.
The classified civil service and provisions of this chapter shall include all full-time paid employees of the city police department, including any individual appointed to the position of the chief of police prior to April 1, 2014. Individuals appointed to the position of chief of police after April 1, 2014, shall be excluded from the classified civil service and provisions of this chapter. All appointments to and promotions in said department 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. 1552 § 1, 2014; Ord. 1159 § 4, 1998; Ord. 920 § 1, 1993; Ord. 555 § 1, 1978; Ord. 364 § 4, 1970)
2.36.050 Eligibility for appointment.
All persons holding a position in the police department, including the chief of police, when the ordinance codified in this chapter takes effect, who shall have served in such position for a period of at least six months last past continuously, are 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 automatically adopted and inducted permanently into civil service, into such office, place, position or employment which such person then holds as completely and effectively to all intents and purposes as if such person had been permanently appointed thereto under civil service after examination and investigation. (Ord. 1159 § 5, 1998; Ord. 364 § 5, 1970)
2.36.060 Requirements for appointment.
An applicant for a position of any kind under civil service must be a citizen of the United States, able to read and write the English language, and shall meet such residence requirements as shall be established by the commission. He must be of suitable age for the position applied for, in ordinary good health and of good moral character. (Ord. 1159 § 6, 1998; Ord. 364 § 6, 1970)
2.36.070 Reasons for discharge or suspension.
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 or omission 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 he holds;
(4) Dishonest, disgraceful, immoral or prejudicial conduct;
(5) Drunkenness or use of intoxicating liquors, 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 functions and duties of his position under civil service;
(6) Conviction of a felony, or a gross misdemeanor/misdemeanor, involving moral turpitude;
(7) Any other act or failure to act which in the judgment of the civil service commission is sufficient to show the offender to be an unsuitable and unfit person to be employed in the public service. (Ord. 1159 § 7, 1998; Ord. 364 § 7, 1970)
2.36.080 Procedure for discharge or suspension.
(1) No person in the classified civil service who shall have been permanently appointed or inducted into civil service under the provisions of this chapter shall be removed, suspended, demoted or discharged except for cause, and only upon written accusation of the mayor 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. Such hearing shall be public, after five days’ written notice to the accused of the time and place thereof, and the accused shall be afforded the right to appear by counsel, and to present his defense. A full and complete record of the proceedings, and all testimony, shall be taken down by a stenographer.
(2) The hearing shall be confined to the determination of the question of whether the removal, suspension, or demotion was made in good faith and for cause. After such hearing the commission may affirm the action of the appointing power, or if it finds that the removal, suspension, or demotion was not made in good faith and for cause, shall order the immediate reinstatement of the person or his immediate re-employment, which reinstatement or re-employment shall, if the commission so provides, be retroactive, and entitle such person to pay or compensation for the time of removal, suspension or demotion. The commission may also, in lieu of affirming a removal, modify the order 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 mayor and shall be forthwith enforced by said mayor.
(3) If the order of removal, suspension or demotion is concurred in by the commission or a majority thereof, the accused may appeal therefrom to the superior court of Grays Harbor County. Such appeal shall be taken by serving the secretary of the commission, within 30 days after the entry of the order, a written notice of appeal, stating the grounds therefor, and demanding that a certified transcript of the testimony taken at the hearing, the record of the hearing, and all papers on file with the commission relating to the order, be filed by the commission with the superior court. The commission shall, within 10 days after the filing of the notice, certify and file the transcript and record with the court to the determination of whether the order of the commission was or was not made in good faith and for cause, and no appeal shall be taken except upon such ground or grounds. Nothing in this section shall limit the power of the department head to suspend without pay for a period of not exceeding 10 days in any calendar year without a hearing. (Ord. 1159 § 8, 1998; Ord. 364 § 8, 1970)
2.36.090 Distribution of powers.
All offices, places, positions and employments coming within the purview of this chapter shall be created by the person or group of persons who, acting singly or in conjunction, as mayor, city council or otherwise, it is 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 groups of persons, or appointing power, to fix the salaries and compensation of all employees employed hereunder. (Ord. 1159 § 9, 1998; Ord. 364 § 9, 1970)
2.36.100 Certification – Records.
For the purpose of certification to the city officers for the payment of salaries and in order that the commission may keep a proper record of changes in the classified civil service, each appointing officer shall immediately report in writing to the commission:
(1) Every probational or temporary appointment made by him;
(2) Every refusal or neglect to accept an appointment under him by a person who has been duly certified;
(3) Every change in the compensation of any officer or employee serving under him;
(4) Every suspension or other disciplinary action made by him of any officer or employee within the reasons thereof;
(5) Every separation from service under him, and whether the separation was caused by death, dismissal or resignation; any such resignation to be in writing and filed with the commission;
(6) Every office created or abolished in his department;
(7) Every injury to any officer or employee in his department;
(8) Every leave of absence granted to a member of his department. (Ord. 1159 § 10, 1998; Ord. 364 § 10, 1970)
2.36.110 Certification of pay.
The city treasurer shall not approve the payment of or be in any manner concerned with the payment, auditing or approving any salary, wage or other compensation for services to any person subject to the jurisdiction and scope of this chapter unless a payroll, estimate or account for such salary, wage or other compensation, containing the names of the persons to be paid, the amount to be paid to each such person, the services on account of which same is paid, and any other information which, in the judgment of the civil service commission, should be furnished on said payroll, bears the certificate of the civil service commission or of its secretary or other duly authorized agent, that the persons named in such payroll, estimate or account have been appointed or employed in compliance with the terms of this chapter and with the rules of the commission, a true and accurate statement. The commission shall refuse to certify the pay of any public officer or employee whom it finds to be illegally or improperly appointed, and may further refuse to certify the pay of any public officer or employee who shall wilfully or through culpable negligence violate or fail to comply with this chapter or with the rules of the commission. (Ord. 1159 § 11, 1998; Ord. 364 § 11, 1970)
2.36.120 Annual report.
The commission shall, on or before the first day of December of each year, make a report to the mayor and city council showing its own actions, the practical effects thereof, and any suggestion it may have for the benefit of the service. (Ord. 1159 § 12, 1998: Ord. 364 § 12, 1970)
2.36.130 Leaves of absence.
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. 1159 § 13, 1998; Ord. 364 § 13, 1970)
2.36.140 Civil suits.
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 legal officers of the city, but said commission may in any case be represented by special counsel appointed by it. (Ord. 1159 § 14, 1998; Ord. 364 § 14, 1970)
2.36.150 Examination fee – Obstructing right of examination – False examination – False representation.
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 representations 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 changes 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 the examination or registration of application or request to be examined or registered. (Ord. 1159 § 15, 1998; Ord. 717, 1983; Ord. 419 § 1, 1972; Ord. 364 § 15, 1970)
2.36.160 No political obligations.
No person holding any officer, 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 to do so, for giving or withholding, or neglecting to make any contribution of money or services, or any other valuable thing, for any political purpose. (Ord. 1159 § 16, 1998; Ord. 364 § 16, 1970)
2.36.170 Accommodations to be supplied by city – Appropriation.
The city shall provide the commission with suitable accommodations and furnishings, 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, all of which is to be commensurate with the number of persons in the city coming within the provisions of this chapter. For the purpose of carrying out the provisions of this chapter, the city is authorized to appropriate from the general fund not to exceed four/tenths of one percent of the total payroll of those included under the jurisdiction and scone of this chapter; provided, however, that if the city council shall make an appropriation for the support of said commission equal to or more than the said continuing appropriation in any year, this section shall not be operative for said year, but otherwise shall be in full force and effect. (Ord. 1159 § 17, 1998; Ord. 364 § 17, 1970)