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SUBJECTS › PERSONNEL › Civil Service
Reviewed 6.09

Civil Service

Contents

Introduction

This Web page explores the creation and operation of the civil service commission and deals primarily with the state statutes governing civil service for public safety employees---police officers, deputy sheriffs, and firefighters. The civil service rules that apply to other systems, such as Seattle's civil service system for non-public safety employees, do not necessarily follow the same rules established by state law, since their systems are governed by local rules, ordinances, or charters. In addition, even the local rules for public safety employees may differ among the covered jurisdictions (except for deputy sheriffs), as differing local rules may still be sustainable, if they "substantially accomplish" the purpose of the state provisions.

Civil service in local government seeks to curb political favoritism and remove the coercive pressures that once caused public employees to contribute money and time to partisan political candidates, to the detriment of the work for which they were paid. Civil service helps assure that fire fighters and law enforcement officers are recruited through open competition, hired and promoted on the basis of merit, and are demoted, suspended, removed from office, or discharged only for cause.

For Washington's cities and towns, civil service is established for firefighters by Chapter 41.08 RCW and by Chapter 41.12 RCW for police. (Civil service, however, is not required for a police department of "not more than two persons, including the chief of police" (RCW 41.12.010) or for departments composed entirely of volunteers.)  For Washington counties, civil service is provided for the sheriff's office by Chapter 41.14 RCW.  Fire and police chiefs, appointed after July 1, 1987, may be removed from civil service by vote of the city council or commission. RCW 41.08.050 and 41.12.050. The county sheriff and certain "unclassified positions" are similarly not covered by civil service. See RCW 41.14.070. Fire protection districts may - but are not required to - provide for civil service for their fully-paid officers. RCW 52.30.040; Roberts v. Fire Protection Dist., 44 Wn. App. 744 (1986).

Civil Service Commission

Both city and county civil service laws require the appointment of a civil service commission, assuming the city, town, or county must provide for civil service. Appointments to the commission are usually made by the mayor, city manager, or board of county commissioners, and the persons appointed are not subject to confirmation. A civil service commission has three members; each commission member must be a citizen of the United States and an elector of the county in which he or she resides. RCW 41.08.030, 41.12.030, and 41.14.030. (An "elector" is a person who is a citizen of the United States, aged 18 years or older, and a resident. See article 6, section 1 of the state constitution.) In addition, each commission member must have been a resident of the city or town for which he or she will serve for at least three years immediately prior to appointment or, in case of a county civil service commission, a resident of the county for two years before appointment. (Counties having a population of less than 40,000 may join with other counties to create a combined civil service commission. RCW 41.14.040. In a combined county commission, members need only meet the residency requirements for one of the combined counties. Id.)

At the time of appointment, no more than two of the commission members may be "adherents to the same political party." RCW 41.08.030, 41.12.030, and 41.14.030. (According to one commentator, however, the political party limitation is of questionable legal authority and is, in any case, regularly ignored.) Commission members serve without compensation, although they may have their expenses reimbursed. Commissioners, except for the initial appointees, serve six-year terms, but may be removed, following written notice and a hearing, for incompetence, incompatibility, dereliction of duty, malfeasance, or for "other good cause." RCW 41.08.030, 41.12.030, and 41.14.030.

The civil service commission's duties include the following:

  • Make rules for operation of the civil service system that are consistent with state law.
  • Give practical tests to determine the capacity of persons examined to perform duties of the position sought.
  • Conduct investigations and prepare reports..
  • Hear and determine appeals or complaints.
  • Provide for, develop and hold competitive tests to determine relative qualifications of candidates and, as result of the testing process, prepare eligibility lists.
  • Certify to the appointing authority the name (or names) of the individual(s) ranked highest on the eligibility list.
  • Keep records.
  • Approve payrolls.

RCW 41.08.040, 41.08.120, 41.12.040, 41.12.120 41.14.060, and 41.14.150.

The commission meets at least monthly. RCW 41.08.040, 41.12.040 and 41.14.050. The city, town, or county that establishes the civil service commission provides "suitable and convenient rooms and accommodations and cause[s] the same to be furnished, heated, lighted and supplied." RCW 41.08.180, 41.12.180, and 41.14.200.

Secretary and Chief Examiner

Once a civil service commission has been created, its members, following a competitive examination, appoint a secretary and chief examiner. RCW 41.08.040, 41.12.040, and 41.14.050. (For cities and towns, the examination may either be open to city or town citizens or limited to persons already employed in the police, fire or other departments. RCW 41.08.040 and 41.12.040. In counties, the examination must be open to all qualified citizens of the county; the appointee, however, may not be an employee of the sheriff's department. RCW 41.14.050. For a discussion of the residency requirements established by statute for the secretary/chief examiner, see AGO 1989 No. 20. (The local rules of a city or town can probably eliminate the residency requirement, since their regulations need only "substantially accomplish the purpose" of the state civil service laws; county statutes are less flexible, though, and it is likely the secretary/chief examiner must, as the statue requires, be a county resident. Cf. RCW 41.08.010, 41.12.010, and 41.14.010; see, generally, Deputy Sheriff's Guild v. Comm'rs, 92 Wn.2d 844 (1979).) In some jurisdictions, the duties of secretary/chief examiner are performed by an existing employee, such as by the human resources director.) The secretary/chief examiner keeps the commission's records and preserves its reports; he or she supervises and keeps records of all examinations and performs other duties as requested by the commission. Id.

Examinations and Eligibility Registers

One of the civil service commission's more important duties is the conduct of competitive examinations to determine the "merit, efficiency and fitness" of persons seeking appointment or promotion to classified civil service positions. Tests are to be practical and consist only of subjects which will fairly determine the capacity of the candidates to perform the duties of the position sought; the examination may include tests of physical fitness and manual skill. RCW 41.08.040(2), 41.12.040(2), and 41.14.060(2). State law does not dictate the kind of testing required, and the courts have concluded commissions have broad discretion in determining the content and subjects for examinations. O'Brien v. Civil Service Commission, 14 Wn. App. 760 (1976).

Applicants for appointment must be United States citizens and able to read and write the English language. RCW 41.08.070, 41.12.070, and 41.14.100. In cities and towns, candidates must also "be of an age suitable for the position applied for, in ordinary good health, of good moral character and of temperate and industrious habits." RCW 41.08.070 and 41.12.070.

Once tested, passing candidates are placed according to their scores onto an eligibility register used for making appointments or promotions. (Not all tests are necessarily given to all candidates nor at the same time. Commissions sometimes wait until the appointing authority is actually ready to make an appointment before giving the higher-ranked candidates "final" and often more costly tests, such as drug, psychological, and polygraph tests.)

Veterans who pass an examination are given a "scoring criteria status" (formerly termed a "preference") in the development of the eligibility register. (The term "veteran" is defined at RCW 41.04.005.)   For veterans who served during a period of war or in an armed conflict and are not receiving any retirement benefits, ten percent is added to his or her passing mark, grade, or rating for purposes of appointment, but not for promotion. RCW 41.04.010(1). This status is available only until the veteran's first appointment.  Veterans who did not serve during a period of war or who are receiving military retirement are entitled to a five percent scoring criteria status.  RCW 41.04.010(2).  Like the first category, it may be used only until a veteran's first appointment and may not be used in any promotional exam.   Five percent is added if the candidate was called or recalled into active military service for a period of at least one year from employment with the state or any of its political subdivisions or municipal corporations. RCW 41.04.010(3). This category applies to first promotional examinations only.  There is no time limit for claiming a scoring criteria status. For additional information regarding the use of the scoring criteria status, see MRSC Focus article Veterans' Preference or "Scoring Criteria" Status in Civil Service.

Appointments

If a position in classified civil service becomes vacant or a new position is added, the appointing authority (mayor, city manager; or county sheriff, with consent of county commissioners) requests ("requisitions") the civil service commission for the names and addresses of those persons eligible for appointment. RCW 41.08.100, 41.12.100, and 41.14.130. In response, the commission certifies, for cities and towns, the person standing highest on the eligibility list willing to accept employment. RCW 41.08.100 and 42.12.100. For county sheriff departments, the commission certifies the top three candidates. RCW 42.14.130. (While statutes require city and town commissions certify the top candidate (the "rule of one"), some jurisdictions have adopted local rules allowing the certification of the top three (or five) candidates (the "rule of three"). The rule of three has been upheld as "substantially accomplishing" the civil service rules. See Firefighters v. Walla Walla, 90 Wn.2d 828 (1978). The rule of three is statutorily in effect for counties. See RCW 41.14.130.)

Sometimes there is no register for the position sought to be filled. In those instances, the civil service commission certifies the person (or persons) highest on the "list held appropriate for the class." RCW 41.08.100, 41.12.100, and 41.14.130. Appointments from the alternative lists are often referred to as "temporary" or "provisional" appointments.

[T]emporary or provisional appointments 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 provisional appointee in any one fiscal year.

RCW 41.08.040(9) and 41.12.040(9). While the statutes are clear in their limitations, some cities and towns nevertheless provide for longer temporary appointments and/or for extensions. Such practices can likely be justified, so long as the local rules "substantially accomplish" the civil service statutory requirements; counties appear to have much less flexibility in differing from their statutory limitations. County appointments likewise are for a period not to exceed four months; however, by legislation passed in 2001, the appointment can be extended for a period up to one year, if the county continues to advertise and test for the position. RCW 41.14.060(7). If after one year there are less than three persons on the eligible list, the appointing authority may fill the position with any person on the list. Id.

Appointment (or other) procedures agreed to as result of collective bargaining, if in conflict with civil services rules, will prevail over the civil service rules, unless the local civil service commission is similar in scope, structure, and authority to the state personnel board (and it is unlikely that the local commission will be similar). Spokane and Spokane Police Guild vs. Spokane Civil Service Commission, 98 Wn. App. 574 (1999), review denied, 141 Wn.2d 1013 (2000).

Probation

An appointment is not complete (and an appointee does not receive all of the civil service protections) until after a probationary period is completed. Probation allows the employer to train the appointee and determine whether he or she will be able to actually perform the duties of the position. For cities and towns, the probationary period is three to six months; in counties, the period is for one year. RCW 41.08.100, 41.12.100, and RCW 41.14.130. As is true for other rules, some cities or towns have established longer probationary period than required by statute; such individual differences can be justified if they "substantially accomplish" the purpose of the civil service laws. In Westport, for example, the city adopted a one-year probationary period, allowing supervisory personnel a longer period to judge appointees, especially during the summer months when tourism significantly increases the city's population and the police department's workload. See Arbogast v. Westport, 18 Wn. App. 4 (1976), and Samuels v. Lake Stevens, 50 Wn. App. 475 (1988).

While a person who has completed probation can only be removed from his or her position "for cause," the same is not true for someone on probation. A person on probation may be removed for virtually any reason, so long as it is not for a discriminatory or other inappropriate reason.

Discipline and Discharge

Unlike "at will" employees, an employee covered by civil service has certain job protections; the employee may only be removed, suspended, demoted, or discharged from his or her position "for cause" and then only after a written accusation, set out in general terms, has been given. RCW 41.08.090, 41.12.090, and 41.14.120. If the employee objects or disagrees with the action, he or she may submit a written "demand" to the civil service commission for an investigation. (The demand for a hearing/investigation must be filed within ten days of the employment action. RCW 41.12.090, 41.14.120, and 41.08.090.) The commission (within 30 days in counties) must schedule a public hearing for an investigation. In counties, the hearing should be held within 30 days of the demand's receipt. RCW 41.14.120. The hearing is confined to the determination of whether the employment action (removal, suspension, etc.) was "for just cause." After the investigation is complete, the commission issues a written determination (within ten days for commissions serving a sheriff's department) either affirming, reversing, or modifying the employment action.

What is "for cause"? Each of the three civil service statutes sets out grounds for discharge, reductions or deprivation of privilege, which include:

    (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 willful failure on the part of the employee to properly conduct himself; or any willful violation of civil service statutes, rules, or regulations; (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, narcotics, or any other habit forming drug, liquid or preparation to such extent the use 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; (7) 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.

See RCW 41.08.080, 41.12.080, and 41.14.110.

The courts have given guidance, construing several of the terms set out in the above statutory excerpt. In Eiden v. Snohomish Civil Service Commission, 13 Wn. App. 32 (1975), for example, the court concluded a sheriff deputy who had jokingly answered the phone using another deputy's name was not "incompetent," as he otherwise performed his duties. The court, quoting from a Florida decision, offered the following definition for the term "incompetent":

    Incompetency as a ground for suspension and removal has reference to any physical, moral or intellectual quality, the lack of which incapacitate[s] one to perform the duties of his office. Incompetency may arise from gross ignorance of official duties or gross carelessness in the discharge of them. It may also arise from lack of judgment and discretion or from a serious physical or mental effect not present at the time of election, though we do not imply that all physical and mental defects so arising would give ground for suspension.

In Nickerson v. Anacortes, 45 Wn. App. 432 (1986), the court upheld a decision of the civil service commission that held the possession and use of marijuana constituted "for cause." The court in Danielson v. Seattle, 45 Wn. App. 235 (1986), upheld a determination by the civil service commission that a police officer, who unlawfully used a credit card of another, was properly discharged for incompetency, insubordination, and conduct unbecoming a police officer.

Reference Sources

Other Sources

Local Government Personnel Institute (LGPI)
A part of the Association of Washington Cities (AWC) - (360) 753-4137.