Chapter 1.46 FIRE DEPARTMENT

Chapter 1.46
FIRE DEPARTMENT—CIVIL SERVICE*

Sections:

1.46.020 Civil service commission established—Membership.

* Civil service generally—See Charter Article XVI.

1.46.010 Fire department—Civil service.

A. Civil Service Adopted—Rules and Regulations. The system commonly known as civil service is adopted for the fire department of the city of Yakima, and all employment, advancement and demotion therein and discharge therefrom shall be under the control of and governed by the civil service commission provided for by this chapter, which commission shall adopt and promulgate civil service rules and regulations which substantially accomplish the purpose of RCW Chapter 41.08. Any fire chief appointed after March 15, 1994 is not covered by this section.

The civil service commission shall adopt and promulgate specific rules and regulations relating to employee promotions and examinations therefor. Such rules and regulations shall provide that in order for any employee to be eligible for promotion such employee shall not have been the subject of any disciplinary action by letter of reprimand, demotion, removal, suspension or discharge and shall have otherwise been successfully evaluated by his/her superior for the two years immediately prior to taking the promotional examination. Any rule, regulation or practice adopted by the civil service commission contrary to this subsection shall be void.

B. Discipline of Employees. Concerning the disciplining of employees, the civil service commission shall have authority and jurisdiction to investigate, by public hearings, the removal, suspension, demotion and discharge of an employee by the appointing power and to determine whether such action was or was not made for political or religious reasons and whether it was or was not made in good faith for cause. The civil service commission shall have no authority or jurisdiction to investigate or review by public hearings or other means, nor otherwise adopt or enforce civil service rules or regulations concerning, any matter related to the disciplining of employees by any method other than removal, suspension, demotion or discharge. The civil service commission shall have no authority or jurisdiction to adopt or enforce any rule or regulation which excludes letters of reprimand and other management actions or which otherwise has the effect of limiting the types of disciplinary action which disqualify an applicant from promotion, other than disciplinary action consisting of removal, suspension, demotion or discharge. Any rule, regulation or practice of the civil service commission purporting to exercise any authority or jurisdiction contrary to this subsection is void. (Ord. 94-3 § 1, 1994: Ord. 2481 § 1, 1980: Ord. 2431 § 1, 1980: Ord. 398 § 1, 1962: Ord. B-108 § 1, 1935).

1.46.020 Civil service commission established—Membership.

There is hereby created, for the administration of such civil service for said fire department, a civil service commission, composed of three members. Each member thereof shall hold office for a period of six years, and shall serve without pay; except, however, that the first three members appointed to said commission shall serve respectively for the periods of two, four and six years. Upon their reappointment or the appointment of another to fill their positions, said appointments shall be for the full term of six years. In the event that any civil service commissioner shall resign or be removed for cause, another commissioner shall be appointed to take his place for the unexpired portion of said term. (Ord. B-108 § 2, 1935).

1.46.030 Authority for adoption.

This chapter is adopted pursuant to the authority granted by RCW 41.08.010. (Ord. 398 § 2, 1962: Ord. B-108 § 3, 1935).

1.46.040 Chief—Appointment and removal.

Any fire chief appointed after March 15, 1994, shall be appointed by the city manager upon the basis of his/her qualification and experience for such office, and may be removed by the city manager at any time, for any reason, subject only to any applicable law, ordinance, rule or regulations then in force and effect. Any fire chief appointed after March 15, 1994 is excluded from the civil service. Any and all civil service rules, including but not limited to rules concerning examination, appointment, promotion, transfer, reinstatement, demotion, suspension, discipline, advancement, removal or discharge, shall not apply to the fire chief. (Ord. 94-3 § 2, 1994).