Chapter 10.25
CIVIL SERVICE COMMISSION
Sections:
10.25.010 Civil service commission created, appointment, terms, removal and quorum.
10.25.015 Terms limited.
10.25.020 Organization of commission – Powers and duties – Secretary.
10.25.030 Scope.
10.25.040 Existing positions blanketed under civil service.
10.25.050 Qualifications of applicants.
10.25.060 Tenure of employment – Grounds for discharge – Reduction or deprivation of privileges.
10.25.070 Procedure for removal – Suspension, demotion or discharge – Investigation – Hearing – Appeal.
10.25.090 Filling of vacancies – Probationary period.
10.25.100 Power to create offices, make appointments and fix salaries not infringed.
10.25.110 Enforcement by civil action – Legal counsel.
10.25.120 Deceptive practices – False marks, etc., prohibited.
10.25.130 Penalty – Jurisdiction.
10.25.140 Definitions.
10.25.150 Severability.
10.25.160 Applicability.
10.25.010 Civil service commission created, appointment, terms, removal and quorum.
There is created in the city a civil service commission which shall be composed of three persons. The members of such commission shall be appointed by the mayor; provided, that the members of the civil service commission constituted pursuant to the Edmonds City Code chapters repealed at the enactment of the ordinance codified in this chapter shall be the initial commissioners of the newly created civil service commission and shall continue in office until the term of their original appointment expires. 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 such city for at least three years immediately preceding such appointment, and an elector of the county wherein he resides. Except for the initial commission, the term of office of such commissioners shall be for 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 the appointment or appointments of commissioners by the city council shall not be required. [Ord. 2441 § 1, 1984].
10.25.015 Terms limited.
No civil service commissioner shall serve more than two full consecutive terms. An appointment to fill the unexpired portion of a term less than two years in length shall not constitute a full term. [Ord. 2656 § 2, 1988].
10.25.020 Organization of commission – Powers and duties – Secretary.
A. Immediately after appointment, the commission shall organize by electing one of its members chairperson and hold regular meetings at least once a month, and such additional meetings as may be required for the proper discharge of their duties. It shall be the duty of the civil service commission:
1. To make suitable rules and regulations to implement this chapter which are not inconsistent with the provisions thereof. 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. The rules and regulations and any amendments thereof shall be reproduced for free public distribution;
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 commission is hereby authorized to extend the following credits and preference to applicants:
a. The rules and regulations adopted by the commission shall provide for a credit of 10 percent in favor of all applicants for appointment under civil service, who in time of war or any expedition of the Armed Forces of the United States, have served in and have been honorably discharged from the Armed Services of the United States, including the Army, Navy and Marine Corps and the American Red Cross. These credits shall apply to entrance examinations only; and/or
b. The civil service commission may, in its discretion, provide for a preference not to exceed five percent in favor of all applicants who have successfully completed at least two years of service with the Edmonds police reserve unit or as volunteers with the Edmonds fire department. These credits shall apply to entrance examinations only, to be added to the score of applicants who have successfully passed the written, oral and physical tests on certification to the eligibility list. This preference shall apply only to positions of initial hire, and shall be uniformly applied during the selection process for any position;
4. The commission shall 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, department, offices, places, positions and employments affected by this chapter, and ascertain whether this chapter and all such rules and regulations are being obeyed;
5. 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 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 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 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;
6. 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;
7. 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 pursuant to the duties outlined in subsection (A)(1) of this section;
8. Establish and maintain in card or other suitable form a roster of employees covered by civil service;
9. 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 as established by the city, and to provide that employees laid off because of curtailment of expenditures, reduction in force, and for like cause, head the list in the order of their seniority, to the end that they shall be the first to be reemployed;
10. When a vacant position is to be filled, to certify to the appointing authority, on written request, the names of the individuals highest on the eligible list for the class and the numbers provided for in this chapter. If there are no such lists, the commission shall make the provision in their rules for provisional or temporary appointments for such positions. Such temporary or provisional appointments shall not exceed a period of six months in duration but may be extended for up to an additional six months if for any reason it cannot be determined at the expiration of the initial appointment that the position being filled by temporary or provisional appointment will in fact be vacant, such as in the instance of a position vacant due to an officer on disability leave under the LEOFF Act or for other good cause which in the discretion of the commission warrants an additional extension of such a provisional or temporary appointment;
11. Keep such records as may be necessary for the proper administration of this chapter.
B. The commission shall appoint a secretary and chief examiner. It may either designate a staff member from the city's personnel department or may contract with funds provided by the city with an independent contractor to fill the position. Nothing in this section shall require hiring under civil service procedures to fill these positions nor extend civil service protection to those persons designated or contracted to serve. [Ord. 3698 § 1, 2008; Ord. 2627 § 1, 1987; Ord. 2441 §§ 2, 4, 1984].
10.25.030 Scope.
The provisions of this chapter shall apply to all full-time police personnel of the city except as provided herein:
A. The position of police chief shall be exempt from civil service coverage. The police chief shall have the authority to exclude an additional number of positions, to be designated the unclassified service. The number of such persons who may be designated shall be determined in accordance with the provisions of RCW 41.12.050.
B. The selection of specific positions to be in the unclassified service and exempt from civil service shall be made by the police chief, who shall notify the civil service commission of his or her selection. Subsequent changes in the designation of which positions are in the unclassified service may be made only with the concurrence of the police chief, the mayor, and the civil service commission, and then only after the civil service commission has heard the issue in an open hearing.
C. If a position initially selected by the police chief to be in the unclassified service is in the classified civil service at the time of selection, and if the position is occupied, the employee occupying the position has the right to return to the next highest position or like position in the classified civil service.
D. When the police chief has been appointed from within the department and has previously established tenure within the classified service, he or she shall retain the civil service rank to which he or she has vested. The chief serves at will and may be removed with or without cause at any time. In the event that the chief is removed without cause, the chief may, at his or her option, return to the last tenured position in the classified service. Civil service tenure may be terminated only for cause in accordance with the provisions of this chapter.
E. All appointments to and promotions in the classified service of the department shall be made solely on merit, efficiency and fitness except as specifically provided in RCW 35.13.360 through 35.13.400, which shall be ascertained by open, competitive examination and impartial investigation. No person in the unclassified service shall be reinstated in or transferred, suspended or discharged from any such place, position, or employment, contrary to the provisions of this chapter. [Ord. 3664 § 1, 2007; Ord. 2816 § 1, 1991; Ord. 2444, 1984].
10.25.040 Existing positions 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 this chapter, all persons having completed probation and in the police or fire department subject to civil service coverage as defined in ECC 10.25.030 are hereby declared permanently appointed under civil service to the offices, places, positions or employments which they shall then hold respectively, 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.
10.25.050 Qualifications of applicants.
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 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.
10.25.060 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, 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 duty;
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 willful failure on the part of the employee to properly conduct himself; or any willful 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 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 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.
10.25.070 Procedure for removal – Suspension, demotion or discharge – Investigation – Hearing – Appeal.
No person in the 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 authority 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 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 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 had by 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/her 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 the county wherein he resides. Such appeal shall be taken by serving the commission, within 30 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 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, 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.
10.25.090 Filling of vacancies – Probationary period.
A. Original Appointment to Department. Whenever a vacancy exists, or upon the request of the appointing authority, the commission shall certify the names of the persons highest on the eligibility list who are willing to accept appointments in the following numbers:
1. For lists developed through internal testing on an annual basis, the names of the five persons highest on the applicable eligibility list for the class.
2. In the continuing testing process, the names of either the top 10 individuals or the top 10 percent, whichever is greater.
B. Promotion Appointments. Whenever the appointing authority determines that a vacancy shall be filled by a promotional appointment, the commission shall certify from the appropriate eligibility list names as follows:
1. For each and every police officer position above the rank of second class police officer, the commission shall certify the three highest names on such list, from which the appointing authority may appoint any one.
2. For each and every position above the rank of fire lieutenant in the fire department, the commission shall certify the three highest names on such list, from which the appointment authority may appoint any one.
3. For all positions in the fire department including or below the rank of fire lieutenant, the commission shall certify the highest name on the eligibility list.
4. For all other employee and noncommissioned positions covered by civil service, the commission shall certify the three highest names on the eligibility list.
5. Nothing herein shall obligate the appointment authority to fill any position.
C. Procedure to Fill Vacancies. If more than one vacancy is to be filled, an additional name shall be certified for each additional vacancy. The appointing authority shall after review of the person so certified appoint one person to each such vacant position. If any person certified by the commission is removed from the list or otherwise requests not to be considered for appointment, the commission shall forthwith certify the next highest person on the list to replace those removed. The commission in their rules shall establish a procedure for removal of names from the eligibility list either prior to or subsequent to certification to the appointment authority. Whenever requisition is to be made or whenever a position is held by a temporary appointee and an eligible list for the class of such position exists, the commission shall forthwith certify the names of the persons eligible for appointment to the appointing power and the appointing power shall appoint one person so certified; provided they are found to be in fact qualified, to the position.
D. Probation – Extensions. To enable the appointing authority to exercise a choice in the filling of promotions, no appointment, employment or promotion in any position in the classified service shall be deemed complete until after the completion of a satisfactorily served probationary period. The probationary period for new employees shall be 12 months. The probationary period for persons promoted or transferred to positions with different job descriptions shall be six months. Persons re-employed who have formerly acquired permanent status in the class shall not be subject to probation. During such probationary periods the appointing power may terminate the employment of the person certified, if during the performance test thus afforded, upon observation or consideration of the performance of duty, the appointing authority shall designate one of the persons certified as standing within the next three persons highest on the list. Such person shall likewise enter upon the duties until some person is found who is deemed fit for appointment, employment or promotion for the probationary period provided therefor, whereupon the appointment, employment or promotion shall be deemed to be complete. The commission shall provide a procedure in their rules for extending probationary period of any employee for up to an additional six months if requested by the appointing authority. [Ord. 3698 § 2, 2008; Ord. 2656-A, 1988; Ord. 2569, 1986; Ord. 2441 § 3, 1984].
10.25.100 Power to create offices, make appointments and fix salaries not infringed.
All offices, places, classifications, job descriptions, positions and employments coming within the purview of this chapter shall be created by the mayor and city council or mayor or whoever otherwise is vested with power and authority to select, appoint, or employ any person coming within the purview of this chapter, and nothing contained in this section shall infringe upon the power and authority of any such person or group of persons, or appointing authority, to fix the salaries and compensation of all employees employed hereunder.
10.25.110 Enforcement by civil action – 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 shall be represented in such suits by the chief legal officer of the city, or his/her designee, but the commission may in any case be represented by special counsel appointed by it.
10.25.120 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 of application or request to be examined or registered.
10.25.130 Penalty – Jurisdiction.
Any person who shall willfully 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 $100.00 and by imprisonment in the county jail for not longer than 30 days, or by both such fine and imprisonment.
10.25.140 Definitions.
As used in this chapter, the following mentioned terms shall have the following described meanings:
A. “Appointing authority or power” includes every person or group of persons who, acting singly or in conjunction, as a mayor, mayor's designee, council or otherwise, is or are invested with power and authority to select, appoint, or employ any person to hold any office, place, position or employment subject to civil service.
B. “Appointment” includes all means of selection, appointing or employing any person to hold any office, place, position or employment subject to civil service.
C. “Commission” means the civil service commission herein created, and “commissioner” means any one of the three commissioners of that commission.
D. “Full paid fire department” or “full paid firefighter” means that the officers and firemen employed in such are paid regularly by the city and devote their whole time to fire fighting and fire prevention activities and emergency medical services.
E. “Full paid police department” or “full paid police officer” means that the officers and policemen employed in such are paid regularly by the city and devote their whole time to police duty.
10.25.150 Severability.
If any section, subsection, subdivision, sentence, clause or phrase of this chapter shall for any reason be held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter.
10.25.160 Applicability.
The examination and eligibility provisions of this chapter and establishment of positions covered by civil service by the provisions of this chapter shall be effective for all appointments made after the effective date of the ordinance codified in this chapter. [Ord. 2432, 1984].