Title 2
ADMINISTRATION AND PERSONNEL

Chapters:

2.04 City Council

2.08 Repealed

2.12 Repealed

2.14 Repealed

2.15 Repealed

2.16 City Manager

2.18 Building-Engineering Official

2.20 Clerk-Treasurer/Finance Director

2.24 City Attorney

2.28 Municipal Judge

2.32 Court Administrator

2.36 Municipal Court

2.40 Repealed

2.42 Public Works Director/City Engineer

2.44 Parks, Recreation and Community Services Director

2.46 Salary Commission

2.48 Planning Commission

2.49 Tree Commission

2.50 Repealed

2.52 Police Department

2.56 Utility Department

2.58 Community Development Department

2.60 Personnel Policies and Procedures

2.64 General Leave

2.66 Legal Defense for City Employees, Elected Officials and Volunteers

2.68 Emergency Operations

2.69 Hazardous Materials Incident Command Agency

2.72 Board of Appeals

2.76 Parks, Recreation and Senior Services Department Citizens Advisory Board

2.80 City Credit Cards

2.84 Mileage Reimbursement

2.88 Rescinded

2.90 Purchasing and Public Works Contracting

2.92 Hearing Examiner

2.94 Lodging Tax Advisory Committee

Chapter 2.04
CITY COUNCIL

(Reserved)*

*The underlying resolution and ordinances that amended it have been decodified and removed from this chapter at the request of the city.

Chapter 2.08
CITY OFFICE HOURS

(Repealed by Ord. 1007)

Chapter 2.12
COMMITTEE SYSTEM

(Repealed by Ord. 940)

Chapter 2.14
MAYOR PRO TEMPORE

(Repealed by Ord. 982)

Chapter 2.15
OPEN COMPETITIVE SELECTION

(Repealed by Ord. 1398)

Chapter 2.16
CITY MANAGER*

Sections:

2.16.010 Repealed.

2.16.020 Authority and duties.

2.16.030 Salary and job qualifications.

2.16.040 Personnel hiring – Salary management.

* Prior legislation: Ord. 1249.

2.16.010 Position created.

Repealed by Ord. 1398. (Ord. 1268 § 2, 1997).

2.16.020 Authority and duties.

A. The city manager shall serve as the chief executive officer and head of the administrative branch of the city. The city manager shall be responsible to the council for the proper administration of all city affairs. Under the direction and authority of the city council, the city manager shall perform the following duties:

1. Act as budget officer and prepare the annual budget for consideration by the budget committee and the council;

2. Act as purchasing agent for all departments of the city subject to the provisions of the city code and the contract review board;

3. Act as administrative head of all departments of the city government, subject to the control and direction of the council;

4. Act as business agent in connection with city business;

5. Prepare and furnish all reports requested by the council;

6. Recommend ordinances to the council designed to increase the efficiency of the city government;

7. See that all ordinances are enforced and that the provisions of all franchises, leases, contracts, permits and privileges granted by the city are observed;

8. Collect all sums of money due the city;

9. Supervise the operation of all public utilities owned and operated by the city and have general supervision over all city property;

10. Meet with private citizens and interested groups seeking information or bringing complaints and attempt to resolve any problems tactfully and fairly;

11. Attend all council meetings and council committee meetings at which the manager is requested to attend; and

12. Appoint an assistant city manager as the city manager determines necessary to assist in the orderly administration of the city and to serve as acting city manager in the city manager’s absence or unavailability.

B. The manager shall have, in exercising general charge, supervision and control over all nonelective city employees, including the power to appoint and remove, subject to applicable civil service rules, employees of the city. The manager shall have general supervision and control over nonelected or appointed officials and employees and their work, with power to transfer an employee from one department to another to the end that the utmost efficiency is attained from all departments and from the city government as a whole. The manager shall designate the duties of employees, the hours of their employment, and all matters pertaining to their work for the city. (Ord. 1574-05 § 1, 2005; Ord. 1398 § 6, 2000; Ord. 1293 § 1, 1998; Ord. 1268 § 3, 1997).

2.16.030 Salary and job qualifications.

The job qualifications shall be set forth in a job description to be approved by the city council. The salary shall be established in the annual budget. (Ord. 1268 § 4, 1997).

2.16.040 Personnel hiring – Salary management.

The city manager is authorized to hire personnel at any salary within the schedule listed for the position and to raise or lower covered employees within the grade and scale range as he determines appropriate for efficient and effective personnel management. (Ord. 1568-05 § 2, 2005).

Chapter 2.18
BUILDING-ENGINEERING OFFICIAL

Sections:

2.18.010 Position created.

2.18.020 Qualifications.

2.18.030 Duties.

2.18.040 Repealed.

2.18.010 Position created.

The position of building-engineering official is created and established. The city manager shall appoint the building-engineering official. (Ord. 1450 § 1, 2002; Ord. 573 § 1, 1980).

2.18.020 Qualifications.

The person so appointed shall have six years progressively responsible experience in code enforcement with emphasis on Uniform Building Code and Uniform Fire Code, or a bachelor’s degree in related field plus four years of experience. In addition, the person so appointed must have the ability to read and interpret blueprints, plans, specifications, and the ability to deal effectively with people. The person so appointed must also have the ability to type, use a calculator, and use all instruments and equipment necessary to perform the job. The person so appointed must also hold a valid state driver’s license and have a good driving record. (Ord. 573 § 2, 1980).

2.18.030 Duties.

A. The duties of the building-engineering official shall include, but shall not be limited to, fire prevention activities, including inspection, enforcement, planning, coordinating and education. The building-engineering official shall inspect for compliance with laws regarding fire hazards, dangerous materials and fire prevention plans and equipment. The building-engineering official shall act as a liaison with the County Fire District No. 10, Fire Prevention Bureau and to the fire marshal’s office.

B. The building-engineering official shall inspect residential and commercial buildings in the process of construction, alteration or repair for compliance with applicable code requirements, application of safe construction practices and other regulations or ordinances relating to the safety, health and welfare of the public. The building-engineering official’s additional duties shall be to enforce the Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code and Uniform Code for the Abatement of Dangerous Buildings. The building-engineering official shall have both office and field assignments. The building-engineering official shall issue appropriate permits and licenses, determine and collect fees and transmit the same to the city clerk-treasurer.

C. The building-engineering official shall maintain a liaison with the professional engineering consultant; refer work to them beyond subprofessional engineering abilities or legal authority; coordinate efforts with the public works superintendent. The building-engineering official shall perform other related duties as may be assigned. (Ord. 573 § 3, 1980).

2.18.040 Compensation.

Repealed by Ord. 1450. (Ord. 573 § 4, 1980).

Chapter 2.20
CLERK-TREASURER/FINANCE DIRECTOR

Sections:

2.20.010 Merging of offices of treasurer and clerk.

2.20.020 Deputy clerk-treasurer.

2.20.030 Compensation.

2.20.040 City clerk to receive claims and lawsuits.

2.20.010 Merging of offices of treasurer and clerk.

The offices of city clerk and city treasurer are merged and the person so appointed shall be designated as the clerk-treasurer/finance director. The clerk-treasurer/finance director shall be appointed by the city manager. The city clerk-treasurer/ finance director shall be an at-will employee, to serve at the pleasure of the city manager. The clerk-treasurer/finance director is hereby designated as the auditing officer for the city. (Ord. 1450 § 3, 2002; Ord. 1299 § 1, 1998; Ord. 981 § 2, 1989; Ord. 758 § 1, 1984; Ord. 524 § 1, 1979).

2.20.020 Deputy clerk-treasurer*.

A. The position of deputy clerk-treasurer is created and established. The deputy clerk-treasurer shall be appointed by the city manager.

B. The deputy clerk-treasurer shall perform the duties of the clerk-treasurer in the absence of the clerk-treasurer and shall have the same power and authority as the clerk-treasurer.

C. The deputy clerk-treasurer shall be required to file a bond in the same manner and for the same monetary amount as required for the position of clerk-treasurer. (Ord. 1450 § 4, 2002; Ord. 524 § 2, 1979; Ord. 307 §§ 2, 3, 1973).

* Prior history: Ord. 88.

2.20.030 Compensation.

The clerk-treasurer/finance director shall receive as compensation for his/her services the amount established by the city council in the annual budget. (Ord. 1450 § 5, 2002; Ord. 524 § 3, 1979).

2.20.040 City clerk to receive claims and lawsuits.

In addition to the duties described in other provisions of this code, the city clerk is appointed to be the city’s recipient of claims and lawsuits as follows:

A. All claims and lawsuits brought against the city and/or its past and present officers and employees shall be filed or served upon the appointed city clerk during normal business hours at his or her office.

B. The city clerk’s office is located at Fife City Hall, 5411 23rd St. E., Fife, WA 98424.

C. No other person or staff is authorized to receive such claims or lawsuits on behalf of the city. (Ord. 1604-06 § 1, 2006).

Chapter 2.24
CITY ATTORNEY*

Sections:

2.24.010 Position created – Duties.

2.24.020 Appointment.

2.24.030 Compensation.

2.24.040 Authority to hire assistant.

* Prior history: Ords. 272, 289.

2.24.010 Position created – Duties.

The position of city attorney is created and established. The duties of city attorney shall be to advise the city authorities and officers on all legal matters pertaining to the business of the city and shall approve all ordinances as to form. He shall represent the city in all actions brought by or against the city or against city officials in their official capacity. He shall perform such other duties as the council may direct. (Ord. 591 § 1, 1980).

2.24.020 Appointment.

The position of city attorney is a part-time position and shall be appointed by the city manager. The city attorney shall be a practicing attorney and need not be a resident of the city. (Ord. 1398 § 7, 2000; Ord. 981 § 6, 1989; Ord. 591 § 2, 1980).

2.24.030 Compensation.

The city attorney shall receive as compensation for his services the amount established by the city council in the annual budget. In addition to the amount of his monthly salary, he shall receive additional compensation as follows:

A. An agreed hourly rate for the preparation of all lengthy ordinances, contracts, deeds, easements, and other legal documents; for the representation of the city on all special projects; and for the preparation of trials other than those tried in the municipal court of the city;

B. An agreed daily rate for the trial of all cases other than those tried in the municipal court of the city. (Ord. 591 § 3, 1980).

2.24.040 Authority to hire assistant.

The city attorney shall have the authority to hire an assistant city attorney who shall be approved by the city manager. The city attorney shall compensate the assistant city attorney for his services. (Ord. 1398 § 8, 2000; Ord. 591 § 4, 1980).

Chapter 2.28
MUNICIPAL JUDGE

Sections:

2.28.010 Position created – Appointment – Term.

2.28.020 Municipal judge pro tempore – Appointment.

2.28.030 Compensation.

2.28.010 Position created – Appointment – Term.

A. The position of municipal judge is created and established.

B. The municipal judge shall be appointed by the city manager, subject to confirmation by the city council.

C. The term of office shall be for four years. The appointment shall be made for each term. The person so appointed as municipal judge shall be a citizen of the United States of America and of the state and need not be an attorney. The person so appointed as municipal judge need not be a resident of the city. In the event an attorney is appointed, then the attorney shall be duly admitted to practice before the courts of record of the state. (Ord. 1398 § 9, 2000; Ord. 628 § 1, 1981; Ord. 523 § 1, 1979).

2.28.020 Municipal judge pro tempore – Appointment.

A. The position of municipal judge pro tempore is created and established.

B. The presiding judge shall appoint one or more persons as municipal judge pro tempore. The person so appointed as municipal judge pro tempore shall be qualified to hold the position of municipal judge. The municipal judge pro tempore, while so acting, shall have all the powers of the municipal judge. (Ord. 1398 § 10, 2000; Ord. 628 § 2, 1981; Ord. 523 § 2, 1979).

2.28.030 Compensation.

A. The municipal judge shall receive compensation as specified by the city council in the annual budget.

B. Municipal judges pro tempore shall be compensated at the rate of $50.00 per hour. The hourly rate shall be paid only for time in the courtroom, with a minimum of one hour for any court appearance. (Ord. 1588-06 § 1, 2006; Ord. 1256 § 1, 1996; Ord. 1012 § 1, 1989; Ord. 523 § 3, 1979).

Chapter 2.32
COURT ADMINISTRATOR

Sections:

2.32.010 Position created.

2.32.020 Compensation.

2.32.010 Position created.

The position of municipal court administrator is created and established. The position of municipal court administrator shall be appointed by the municipal judge subject to confirmation by the city manager. The municipal court administrator shall be an at-will employee, to serve at the pleasure of the municipal judge. (Ord. 1450 § 6, 2002; Ord. 1300 § 1, 1998; Ord. 981 § 3, 1989; Ord. 531 § 1, 1979).

2.32.020 Compensation.

The municipal court administrator shall receive as compensation for his/her services the amount established by the city council in the annual budget. (Ord. 1450 § 7, 2002; Ord. 981 § 3, 1989; Ord. 531 § 2, 1979).

Chapter 2.36
MUNICIPAL COURT*

Sections:

2.36.010 Established.

2.36.020 Jurisdiction.

2.36.030 Practice and procedure.

2.36.040 Moneys turned over to clerk-treasurer.

2.36.050 Sessions.

2.36.060 Repealed.

* Prior history: Ord. 102.

2.36.010 Established.

There is established pursuant to Section 50 of Chapter 299 of Laws of 1961 of the state a municipal court in and for the city, which shall be known and designated as the municipal court of the city. (Ord. 104 § 1, 1962).

2.36.020 Jurisdiction.

The court shall have exclusive original criminal jurisdiction of all violations of city ordinances, and shall also have original jurisdiction of all other actions brought to enforce or recover license penalties, forfeitures declared or given to the city by its ordinances or the statutes of the state, and shall also have jurisdiction to hear and determine all causes, civil or criminal, arising under such ordinances. (Ord. 104 § 2, 1962).

2.36.030 Practice and procedure.

The practice and procedure in the court shall be according to applicable law of the state pertaining to courts of this kind. The judge of the court may also make and enforce local rules of practice and procedure to the extent permitted by law. (Ord. 104 § 3, 1962).

2.36.040 Moneys turned over to clerk-treasurer.

All fees, costs, fines, forfeitures and other moneys imposed or collected by the court for violation of any city ordinances, together with any other revenues received by the court, shall be turned over to the clerk-treasurer for deposit in the current expense fund of the city, and the expense of operating such court shall be paid from the same fund. (Ord. 104 § 4, 1962).

2.36.050 Sessions.

The court shall hold regular and special sessions as may be required, but shall not be open on nonjudicial days. (Ord. 104 § 5, 1962).

2.36.060 Appointment of judge.

Repealed by Ord. 1450. (Ord. 104 § 6, 1962).

Chapter 2.40
SECRETARY

(Repealed by Ord. 1450)

Chapter 2.42
PUBLIC WORKS DIRECTOR/
CITY ENGINEER

Sections:

2.42.010 Position created.

2.42.010 Position created.

There is hereby created the position of public works director/city engineer. The position of public works director/city engineer shall be appointed by the city manager. The public works director/city engineer shall be an at-will employee, to serve at the pleasure of the city manager. (Ord. 1450 § 10, 2002; Ord. 1302 § 1, 1998).

Chapter 2.44
PARKS, RECREATION AND
COMMUNITY SERVICES DIRECTOR

Sections:

2.44.010 Position created.

2.44.020 Repealed.

2.44.030 Repealed.

2.44.040 Repealed.

2.44.010 Position created.

There is hereby created the position of parks, recreation and community services director. The parks, recreation and community services director shall be appointed by the city manager. The parks, recreation and community services director shall be an at-will employee, to serve at the pleasure of the city manager. (Ord. 1450 § 11, 2002; Ord. 1303 § 2, 1998).

2.44.020 Rates, fees and charges – Annual review.

Repealed by Ord. 1318. (Ord. 1051 § 1, 1990).

2.44.030 Rates, fees and charges – Records.

Repealed by Ord. 1318. (Ord. 1051 § 2, 1990).

2.44.040 Rates, fees and charges – Deposit of funds.

Repealed by Ord. 1318. (Ord. 1051 § 3, 1990).

Chapter 2.46
SALARY COMMISSION

Sections:

2.46.010 Creation.

2.46.020 Members – Term – Vacancies – Removal.

2.46.030 Powers and duties.

2.46.040 Meetings – Operations.

2.46.050 Referendum.

2.46.010 Creation.

There is created a salary commission for the city of Fife. (Ord. 1552-05 § 1, 2005).

2.46.020 Members – Term – Vacancies – Removal.

A. The salary commission shall consist of seven members, to be appointed by the mayor with the approval of the city council. At least four of the members shall be residents of the city of Fife and the balance shall be local business persons.

B. A member of the commission shall serve for a three-year term without compensation. The initial members shall be appointed for staggered terms.

C. No member of the commission shall be appointed to more than two terms.

D. A member of the commission shall not be an officer, official, or employee of the city or an immediate family member of an officer, official, or employee of the city. For purpose for this section, “immediate family member” means the parents, spouse, siblings, children or dependent relatives of an officer, official, or employee of the city, whether or not living in the household of the officer, official, or employee.

E. In the event of a vacancy in the office of a commissioner, the mayor shall appoint, subject to approval of the city council, a person to serve the unexpired portion of the term.

F. A member of the commission shall only be removed from office for cause of incapacity, incompetence, neglect of duty, malfeasance in office, or for a disqualifying change in residence or business location. (Ord. 1552-05 § 1, 2005).

2.46.030 Powers and duties.

A. The commission shall have the duty, at such intervals as determined by the commission, to review the salaries paid by the city to each elected city official. If after such review the commission determines that the salary paid to any elected city official should be increased or decreased, the commission shall file a written salary schedule with the city clerk indicating the increase or decrease in salary.

B. Except as provided in FMC 2.46.050, any increase or decrease in salary established by the commission shall become effective upon filing with the city clerk and shall be incorporated into the city budget without further action of the city council or the commission.

C. The commission shall file its initial schedule of salaries for elected city officials with the city clerk no later than the first Monday in June 2005. It shall file any subsequent schedules on or before the same day at such intervals as the commission shall determine. Each schedule shall be prepared as a resolution of the commission in a form approved by the city attorney and signed by the commission chair.

D. Salary increases established by the commission shall be effective as to all city elected officials, regardless of their terms of office.

E. Salary decreases established by the commission shall be effective as to incumbent city elected officials at the commencement of their next subsequent terms of office. (Ord. 1552-05 § 1, 2005).

2.46.040 Meetings – Operations.

The meetings and operations of the commission shall be conducted as follows:

A. Prior to the filing of any salary schedule, the commission shall:

1. First develop a proposed salary schedule;

2. After providing notice in the same manner as the city council agendas, hold one public hearing and take testimony thereon.

B. Except as provided herein, the commission shall be solely responsible for its own organization, operation, and action. Staff support shall be provided as determined by the city manager. The members of the commission shall elect a chair from among their number. (Ord. 1552-05 § 1, 2005).

2.46.050 Referendum.

Any salary increase or decrease established by the commission pursuant to this chapter shall be subject to referendum petition by the voters of the city, in the same manner as a city ordinance, upon filing of a referendum petition with the city clerk within 30 days after filing of a salary schedule by the commission. In the event of the filing of a valid referendum petition, the salary increase or decrease shall not go into effect until approved by a vote of the people. Referendum measures under this section shall be submitted to the voters of the city at the next following general or municipal election occurring 30 days or more after the petition is filed, and shall otherwise be governed by the provisions of the State Constitution and the laws generally applicable to referendum measures. (Ord. 1552-05 § 1, 2005).

Chapter 2.48
PLANNING COMMISSION

Sections:

2.48.010 Creation.

2.48.020 Members – Term – Vacancies.

2.48.030 Powers and duties.

2.48.010 Creation.

The city council desires to avail itself of the powers conferred by an act of the legislature of the state, entitled “An act relating to city, town, county and regional planning and the creation, organization, duties and powers of planning commissions,” approved by the governor of the state on April 11, 1935, and being Chapter 44 of the Session Laws of 1935 of the state (Chapter 35.63 RCW), and pursuant to such desire, does hereby create as part of the city government, a city planning commission in and for the city. (Ord. 31 § 1, 1957).

2.48.020 Members – Term – Vacancies.

A. The city planning commission shall consist of seven members. At least five members must be city residents; one member may be employed in the city of Fife; and one member may reside within the Fife urban growth area. All members shall serve for four-year terms. Vacancies shall be filled by the city council.

B. Members may be removed by the city council after public hearing for inefficiency, neglect of duty or malfeasance in office. Any member who fails to attend three consecutive regularly scheduled meetings of the planning commission, without being excused by the commission, or misses six regularly scheduled meetings of the planning commission within any six-month period shall be deemed to have forfeited his office.

C. Vacancies occurring other than through the expiration of terms shall be filled for the unexpired term.

D. If a planning commission member disqualifies himself from participating in the deliberations and the decision-making process with respect to a matter pending before the agency due to a conflict of interest or an appearance of fairness problem, the mayor, without council confirmation, may appoint a person to serve as an alternate on the planning commission to serve in regard to such a matter for the disqualified member.

E. The planning commission shall hold a regular meeting at least once each month; provided, the meeting may be cancelled in the event there is no business to come before the commission at said meeting. Special meetings may be called at such times as the commission may determine in order to efficiently conduct its business. There shall be a fixed time and place for the meetings of the commission, which shall be open to the public, except as otherwise provided by law. (Ord. 1577-05 § 1, 2006; Ord. 1473 § 1, 2002; Ord. 1216 § 1, 1995; Ord. 1013 § 1, 1990; Ord. 954 § 1, 1988; Ord. 325 § 1, 1974; Ord. 31 § 2, 1957).

2.48.030 Powers and duties.

The planning commission shall have the following duties:

A. Prepare a comprehensive plan for anticipating and influencing the orderly and coordinated development of land and building uses within the code city and its environs. The comprehensive plan shall contain all elements as set forth in RCW 35A.63.061 and 35A.63.062;

B. Promulgate procedural rules governing the operation of the planning commission; provided, however, said rules shall not be effective until approved by the council;

C. Serve as an advisory body to the city manager and to the council;

D. Perform such other duties as the council may direct by ordinance, resolution or motion. (Ord. 1398 § 11, 2000; Ord. 954 § 2, 1988; Ord. 325 § 4, 1974; Ord. 31 § 3, 1957).

Chapter 2.49
TREE COMMISSION

Sections:

2.49.010 Purpose.

2.49.020 Membership.

2.49.030 Terms of office.

2.49.040 Responsibilities.

2.49.010 Purpose.

The purposes of the commission shall be promoting the responsible planting of trees on public property, educating the public about trees, advocating trees within the city, and developing innovative and joint funding for projects from a variety of sources. (Ord. 1295 § 2, 1998).

2.49.020 Membership.

The city tree commission shall be composed of seven voting members, at least four of which shall be residents of the city of Fife. The director of public works, community development director and the parks, recreation/senior services director, or their designees, shall be available on an as-needed basis to provide technical knowledge and/or support. In no way shall their time be allowed to become a financial burden on the city. Members shall serve without pay. Vacancies shall be filled by the city council from a list of nominees nominated by council members. Members shall show an interest in accomplishing the purposes of the commission. Membership should include people with expertise in arboriculture, local business persons, utility representatives and residents. (Ord. 1473 § 2, 2002; Ord. 1295 § 3, 1998).

2.49.030 Terms of office.

The initial appointment shall be three members to one-year terms, two members to two-year terms, and two members to three-year terms. Each appointment thereafter shall serve a three-year term. In the event of a vacancy of any position, the city council shall appoint a successor for the unexpired portion of the term from a list of nominees submitted by council members. Members may be removed by the city council for inefficiency or neglect of duty. (Ord. 1473 § 3, 2002; Ord. 1295 § 4, 1998).

2.49.040 Responsibilities.

The city tree commission shall be responsible for developing and implementing an urban forestry strategy to accomplish the purposes of this chapter and for advising the city manager and council with regards to issues related thereto. (Ord. 1398 § 12, 2000; Ord. 1295 § 5, 1998).

Chapter 2.50
BOARD OF ADJUSTMENT

(Repealed by Ord. 1593-06)

Chapter 2.52
POLICE DEPARTMENT

Sections:

2.52.005 Definitions.

2.52.010 Civil service commission – Created.

2.52.015 Civil service commission – Membership.

2.52.020 Chief of police.

2.52.030 Civil service commission – Appointment to vacancy.

2.52.040 Positions in the police department – Classified civil service.

2.52.050 Filling positions.

2.52.060 Compensation.

2.52.065 Assistant police chief – Filling position – Bumping.

2.52.070 Communications and records specialist – Position created.

2.52.080 Communications and records specialist – Advancement.

2.52.090 Communications and records specialist – Filling positions – Removal.

2.52.100 Communications and records specialist – Compensation.

2.52.110 Repealed.

2.52.120 Community services officer.

2.52.130 Repealed.

2.52.140 Civil service commission – Meeting.

2.52.150 Secretary/chief examiner.

2.52.160 Powers and duties of the commission.

2.52.170 Appeals.

2.52.180 Appeals – Time for filing – Form.

2.52.190 Appeals – Notice of hearing.

2.52.200 Appeals – Delegation of authority.

2.52.210 Appeals – Hearing – Evidence.

2.52.220 Appeals – Hearing – Rights of parties.

2.52.230 Appeals – Decision.

2.52.240 Appeals – Reconsideration.

2.52.250 Appeals to the superior court.

2.52.260 Classification plan.

2.52.270 Classification of positions.

2.52.280 Reclassifications and additional classes.

2.52.290 Applications – Announcement of vacancy.

2.52.300 Promotional examinations.

2.52.310 Applications – General minimum requirements.

2.52.320 Rejection of application.

2.52.330 Application fee.

2.52.340 Examinations – Conducting of examination.

2.52.350 Examinations – Qualifying grade.

2.52.352 Enhanced entry level eligibility list.

2.52.355 Lateral hire eligibility list.

2.52.360 Examinations – Rating and preparation of eligibility list.

2.52.370 Eligibility list – Order of names.

2.52.380 Examination – Notification of results.

2.52.390 List – Effective life.

2.52.400 Eligibility list – Removal of names.

2.52.410 Eligibility list – Revocation of list.

2.52.420 Request for certification.

2.52.430 Certification – Failure to respond.

2.52.440 Certification – Provisional appointment.

2.52.450 Provisional appointment – Emergency.

2.52.460 Temporary appointments.

2.52.470 Probationary period – Length of period.

2.52.480 Probationary period – Termination of probationer.

2.52.490 Probationary period – Termination of probationary status.

2.52.500 Probationary period – Termination after promotion.

2.52.510 Transfers.

2.52.520 Layoff.

2.52.530 Suspension.

2.52.540 Demotion.

2.52.550 Discharge.

2.52.560 Just cause for disciplinary action.

2.52.570 Appeal from disciplinary action.

2.52.580 Roster card.

2.52.590 Examination records.

2.52.600 Records open to the public.

2.52.610 Retention of records.

2.52.620 Reports.

2.52.630 Repealed.

2.52.640 Legal advisor.

2.52.650 Reserve officers – Relief and pension benefits.

2.52.005 Definitions.

Within the context of this chapter, the following shall be given the meaning set forth below:

A. “Allocate” means to locate or place a position in the appropriate class on the basis of similarity of duties and responsibilities or required qualifications.

B. “Appointing authority” means the city manager of the city of Fife.

C. “Appointment, provisional” means the appointment of a person to a position in the absence of an appropriate eligibility list for the class or in the absence of an appropriate provisional eligibility list when an emergency exists.

D. “Appointment, temporary” means appointment of a person to a position other than on a permanent or probationary status to fill a temporary/short-term need.

E. “Certification” means a list of names from an eligible register transmitted by the civil service commission to the appointing authority from which such appointing authority may fill a vacancy.

F. “City” means the city of Fife.

G. “Class” means a group of positions sufficiently similar in duties and responsibilities so that the same title may reasonably be used for each position, the same qualifications may be required, and approximately the same salary range may be applied with equity.

H. “Classified service” consists of all full-time, full-paid positions in the city of Fife police department that are designated classified civil service in FMC 2.52.040.

I. “Commission” means the civil service commission of the city of Fife.

J. “Demotion” means the removal of an employee from a higher to a lower class of employment.

K. “Discharge” means termination, separation, dismissal or removal from the classified service for just cause.

L. “Eligible” means qualified for a given class through examination and placed on the appropriate eligible register.

M. “Eligibility list and eligible register” means a list of successful examinees for a given class arranged in order of scores, who are eligible for an appointment to a position in the classified service.

N. “Employee” means a person who is legally employed in the classified service of the city.

O. “Employee, permanent” means an employee who has been appointed from a certification and who has successfully completed his probationary period.

P. “Examination” means the process of testing the fitness and qualifications of applicants for positions in a specific class.

Q. “Full-paid” means that person or persons who receive compensation from the city in return for services devoted to police duties which occupy undivided activity and attention, other than ordinary off-duty time allowances.

R. “Layoff” means the termination of employment because of lack of funds or work or because of material change in organization.

S. “Open examination” means an examination open to the public and not limited to applicants from among regular employees in the police department.

T. “Position” means any employment or office in the classified service.

U. “Probation or probationary” means the status of an employee during a trial period following a permanent appointment from an eligible register. This trial period is a working test during which the employee is required to demonstrate, by actual performance of the duties, fitness for the position to which the person has been certified and appointed.

V. “Promotion” means a change in employment in accordance with this chapter from a position in the classified service with a lower, to a position with a higher maximum rate of pay.

W. “Public notice” means giving notice by publication as required by FMC 1.16.010.

X. “Reduction” means the removal of an employee from a higher class to a lower class of employment for reasons other than just cause.

Y. “Reinstatement” means reappointment after a break in service due to layoff to a position in a class in which permanent employee status was formerly held.

Z. “Secretary” means the person designated in FMC 2.52.150.

AA. “Suspension” means the temporary separation of an employee from employment, with or without pay, for just cause or pending determination of charges against the employee which could result in demotion or discharge.

BB. “Transfer” means the change of an employee from one position to a similar position in the same class without an examination.

CC. “Veteran’s credit” means preference in examinations based on military service, as provided and defined by the laws of the state of Washington. (Ord. 1527-04 § 1, 2004; Ord. 1398 § 15, 2000; Ord. 1119 § 2, 1992; Ord. 1088 § 3, 1991; Ord. 1072 § 1, 1991; Ord. 1020 § 1, 1990).

2.52.010 Civil service commission – Created.

In accordance with the provisions of Chapter 41.12 RCW, there is created a civil service commission to exercise the powers and to perform the duties set forth in this chapter in connection with the selection, appointment and employment of police in the city. (Ord. 1020 § 2, 1990; Ord. 203 § 1, 1968).

2.52.015 Civil service commission – Membership.

The appointing authority shall appoint three members to the commission who shall serve without compensation. The term of office of each member shall be six years. A member may be removed from office for incompetency, dereliction of duty, malfeasance in office or for other good cause, only after notification in writing of the reasons for such action. Said notice shall state the specific grounds on which removal is based. If at any time a commission member is disqualified from acting, by reason of conflict of interest or appearance of fairness or any other similar cause, then the appointing authority may appoint a temporary replacement for said position on the commission to act only with respect to the particular matter for which the commission member was disqualified. Said disqualification shall in no way affect the disqualified commission member’s status as to any matters other than that for which he was disqualified. (Ord. 1020 § 3, 1990).

2.52.020 Chief of police.

The position of chief of police is hereby created. (Ord. 1119 § 1, 1992; Ord. 1088 § 2, 1991; Ord. 1072 § 2, 1991; Ord. 1020 § 4, 1990; Ord. 975 § 1, 1989; Ord. 423 § 1, 1977; Ord. 203 § 2, 1968).

2.52.030 Civil service commission – Appointment to vacancy.

Notwithstanding anything to the contrary in Chapter 41.12 RCW, in addition to any opportunity afforded the appointing authority to exercise the choice in the filling of a vacancy by the terms of the law, whenever requisition is made upon the commission for the names of persons eligible for appointment to any vacancy, including both original appointments and promotions, the commission, instead of furnishing the name of one person highest on the eligibility list, shall certify to the appointing authority the names of the three persons highest on such eligibility list for each vacancy, if there are three such persons available. The appointing authority shall forthwith appoint one of the certified persons to such vacant position. (Ord. 203 § 3, 1968).

2.52.040 Positions in the police department – Classified civil service.

A. The following positions are created in the Fife police department: assistant chief, lieutenant, patrol officer, community services officer, detective, corrections officer, corrections sergeant, police confidential secretary, police clerk, communications/records supervisor, and communications and records specialist.

B. The classified civil service includes all full-time full-paid employees of the city of Fife police department, except the police chief and an additional number of positions, designated the unclassified service, determined as follows:

Department Personnel	Unclassified Position Appointments
6 through 10	2
11 through 20	3
21 through 50	4
51 through 100	5
101 through 250	6
251 through 500	8
501 and over	10

C. The unclassified position appointments authorized by subsection (B) of this section may only include selections from the following positions up to the limit of the number of positions authorized: assistant chief, deputy chief, commander, and administrative assistant or police confidential secretary. The initial 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 or the city administrator, and the civil service commission, and then only after the civil service commission has heard the issue in an open meeting. 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 the selection, and if the position is occupied, the employee occupying the position has the right to remain in the classified civil service as long as the employee holds the position. (Ord. 1591-06 § 1, 2006; Ord. 1556-05 § 1, 2005; Ord. 1527-04 § 2, 2004; Ord. 1394 § 1, 2000; Ord. 1351 § 1, 1999; Ord. 1339 § 1, 1999; Ord. 1088 § 4, 1991; Ord. 975 § 2, 1989; Ord. 663 § 1, 1982; Ord. 525 § 1, 1979).

2.52.050 Filling positions.

The city manager is the appointing authority for the chief of police and all persons within the classified and unclassified service. All appointments shall be made pursuant to applicable civil service statutes and ordinances. (Ord. 1556-05 § 2, 2005; Ord. 1398 § 16, 2000; Ord. 1119 § 3, 1992; Ord. 1088 § 5, 1991; Ord. 981 § 4, 1989; Ord. 525 § 2, 1979).

2.52.060 Compensation.

The individuals so appointed shall receive as compensation for their services the amount established by the city council in the annual budget. (Ord. 525 § 3, 1979).

2.52.065 Assistant police chief – Filling position – Bumping.

A. Any person promoted to the assistant police chief position from within the current ranks of the Fife police department shall retain, for a period of three years from the effective date of the promotion, the right to return to his previously held civil service position, in the event the employee voluntarily requests reduction in rank, or is directed to take a reduction in rank for reasons other than just cause. For purposes of this section, “just cause” shall mean violation of state or federal criminal laws, or a substantiated complaint of a violation of Fife police department policy serious enough to require termination of employment.

B. If there is no vacancy in the position at the time of such return, the last person promoted or hired to the position shall be displaced. An employee so displaced shall have the option to accept reduction to the next lower class. If there is no vacancy in the class, the last person promoted or hired to the class shall be displaced. Any employee displaced under this section shall have the option to accept reduction to the next lower class. If there is no vacancy in the class, the last person promoted or hired to the class shall be displaced. If there is no lower class, the displaced employee may be laid off. Employees laid off under this section shall have their names placed on the top of the eligibility list of the class to which their position was allocated. Notice of displacement shall be given to the employee concerned at least two weeks before the effective date thereof.

C. Notwithstanding any other provision of this section, to be eligible to displace another employee under this section, the displacing employee must possess the skills required to perform the duties of the position held by the employee who would be displaced. (Ord. 1591-06 § 2, 2006; Ord. 1557-05 § 1, 2005).

2.52.070 Communications and records specialist – Position created.

A. The position of communications and records specialist is created and established.

B. The police communications and records specialist shall be classified as follows:

1. Communications/records supervisor;

2. Class A, commencing the third year of service;

3. Class B, commencing the second year of service;

4. Class C, commencing the second six months of service, probationary for the second six months of service;

5. Class D, probationary for the first six months of service. (Ord. 1527-04 § 3, 2004; Ord. 1076 § 1, 1991; Ord. 663 § 2, 1982; Ord. 526 § 1, 1979).

2.52.080 Communications and records specialist – Advancement.

All advances and classifications shall be automatic, except the position of communications/ records supervisor which shall be filled only in the event a vacancy occurs. (Ord. 1527-04 § 4, 2004; Ord. 1076 § 2, 1991; Ord. 526 § 2, 1979).

2.52.090 Communications and records specialist – Filling positions – Removal.

A. The city manager shall have the power to fill positions created by FMC 2.52.070 from a list of qualified applicants certified by the civil service commission.

B. The city manager shall also have the power to remove any person so appointed to any one of the positions listed in FMC 2.52.070 subject to any applicable law, rule, or regulation related to civil service. (Ord. 1527-04 § 5, 2004; Ord. 1398 § 17, 2000; Ord. 526 § 3, 1979).

2.52.100 Communications and records specialist – Compensation.

The individuals so appointed shall receive as compensation for their services the amount established by the city council in the annual budget. (Ord. 1527-04 § 6, 2004; Ord. 526 § 4, 1979).

2.52.110 CETA police officer.

Repealed by Ord. 1527-04. (Ord. 450 § 1, 1977).

2.52.120 Community services officer.

A. The position of community services officer, one-year probationary period, is hereby created and established.

B. The city manager shall have the power to fill the position of community services officer from a list of qualified applicants certified by the civil service commission.

C. The city manager shall also have the power to remove any person so appointed subject to any applicable law, rule, or regulation related to civil service.

D. The individual so appointed shall receive as compensation for his/her services the amount established by the city council in the annual budget. (Ord. 1398 § 18, 2000; Ord. 975 § 3, 1989).

2.52.130 Police confidential secretary.

Repealed by Ord. 1527-04. (Ord. 1398 § 19, 2000; Ord. 975 § 4, 1989).

2.52.140 Civil service commission – Meeting.

The commission shall hold regular meetings at least once a month and such additional special or emergency meetings as may be required for the proper discharge of its duties. All commission meetings or hearings shall be open and public; provided, however, that the commission may meet in executive session as authorized by the Open Public Meetings Act (Chapter 42.30 RCW). Two members of the commission shall constitute a quorum, and two affirmative votes shall be required for the transaction of any official business. (Ord. 1020 § 5, 1990).

2.52.150 Secretary/chief examiner.

The commission shall appoint a secretary/chief examiner as a result of a competitive examination which may be either original and open to all properly qualified persons, or promotional and limited to persons already in the classified service. The secretary/chief examiner shall attend all commission meetings, maintain the minutes and records of the commission and certify the same when required, prepare and maintain a complete record of each examination for submittal to the commission, and perform all other functions as may be assigned to him by the commission. (Ord. 1020 § 6, 1990).

2.52.160 Powers and duties of the commission.

The civil service commission shall have authority to:

A. Make rules governing the following matters only:

1. The date, time and location of any examination authorized by this chapter;

2. The date, time and location of any hearing or investigation which the commission is authorized by this chapter to conduct;

3. Adjournment of any commission meeting authorized by this chapter;

4. The procedure for scheduling a special or emergency meeting of the commission;

5. The rules of order to be used by the commission in the transaction of its official business;

6. The election of a commission chair and vice chair;

7. The date, time and location of all civil service commission meetings;

8. The approval of the minutes of any civil service commission meeting;

9. Notification of examination results to each applicant;

10. The time for filing an application for any examination authorized by this chapter;

11. The procedure for amending the commissioners rules;

12. Service of process of any notices, documents or papers required by this chapter to be served;

13. The procedure for announcing an examination;

14. The procedure for issuing and/or quashing subpoenas in connection with a hearing or investigation authorized by this chapter;

15. Discovery to be conducted in any hearing or investigation authorized by this chapter; and

16. Except as otherwise stated in this chapter the procedure by which the commission will conduct any hearing or investigation authorized by this chapter.

B. Arrange for the administration of competitive examinations to determine the relative qualifications of persons for initial employment and for promotion in the classified service.

C. Conduct investigations concerning and report upon all matters relating to the enforcement and effect of this chapter and the rules and regulations prescribed hereunder.

D. Hear and determine appeals arising from the administration of this chapter and the commission’s rules.

E. Establish and maintain a roster of employees.

F. When a vacant position is to be filled, certify to the appointing authority the names of the three persons highest on the eligibility list for said vacancy, in accordance with the procedures set forth in FMC 2.52.030.

G. Prepare an eligibility list of all persons eligible to fulfill any given position within the classified service, ranked in accordance with their total scores on any examination.

H. Begin and conduct all civil suits which may be necessary for the proper enforcement of this chapter and the commission’s rules. In such suits, the commission shall be represented by the city attorney, unless such representation would conflict with his responsibilities as city attorney, in which case, the city attorney shall obtain independent legal counsel to advise the commission upon such terms and conditions as are set by the city council; provided, the commission may appoint its own counsel in any case of discipline or enforcement of civil service rules that is appealed to the commission.

I. Certify payrolls or appoint some person to do so.

J. Develop and submit a proposed annual budget to the executive and the council for their consideration consistent with budget procedures for other city departments. (Ord. 1020 § 7, 1990).

2.52.170 Appeals.

A. Any permanent employee in the classified civil service who is removed, demoted, suspended or terminated may appeal such action to the commission by filing a notice of appeal in accordance with FMC 2.52.180.

B. Any employee in the classified civil service who is alleged to be probationary by the disciplining department may only appeal to the commission the question of his probationary status and whether the procedures for discharge of probationers, as set forth in this chapter, were properly followed, by filing a notice of appeal in accordance with FMC 2.52.180.

C. Any employee in the classified civil service who is adversely affected by an alleged violation of this chapter or the commission’s rules may appeal such violation to the commission, by filing a notice of appeal in accordance with FMC 2.52.180. (Ord. 1527-04 § 8, 2004; Ord. 1020 § 8, 1990).

2.52.180 Appeals – Time for filing – Form.

A notice of appeal shall be filed with the commission within 10 calendar days of the action which is the subject of the appeal. The notice of appeal shall be in writing and shall include the mailing and street addresses at which service of process and other papers may be made upon the appellant. The notice of appeal shall also contain a brief description of the facts giving rise to the appeal and a concise statement of the reasons for the appeal. A copy of the notice of appeal must be given to the appointing authority, as well as to the commission, within said 10-day period. If said notice is not timely filed, the right to a hearing before or investigation by the commission shall be deemed waived. (Ord. 1020 § 9, 1990).

2.52.190 Appeals – Notice of hearing.

Upon receipt of a notice of appeal, the commission shall schedule a hearing before the commission as soon as possible thereafter, but in any event no more than 30 calendar days after receipt of said notice. At least 10 days prior to said hearing, the commission shall cause to be served upon the appellant a notice setting forth the date, time and location of the hearing before the commission. (Ord. 1020 § 10, 1990).

2.52.200 Appeals – Delegation of authority.

The hearing on any appeal authorized by this chapter may be conducted by the commission as a body or may be delegated by the chair to a member or to the secretary/chief examiner, but no official decision of the commission shall be rendered until such time as two members have reviewed the evidence and concurred in said decision. (Ord. 1020 § 11, 1990).

2.52.210 Appeals – Hearing – Evidence.

The procedure of any hearing authorized by this chapter may be informal. All competent and relevant evidence shall be admissible, but the person conducting the hearing may restrict the introduction of evidence which he deems irrelevant, repetitive and not otherwise necessary in order to analyze the subject matter before him. In ruling upon the admissibility of evidence, the commission shall give consideration to, but shall not be bound to follow, the rules of evidence governing civil proceedings in the superior courts of the state of Washington, except that depositions shall be conducted and subpoenas shall be issued according to superior court rules. (Ord. 1020 § 12, 1990).

2.52.220 Appeals – Hearing – Rights of parties.

At the hearing on any appeal authorized by this chapter, the appellant shall be entitled to:

A. Written notice of changes and reasonable notice of hearing;

B. Representation by counsel at his or her own personal expense;

C. Testify under oath;

D. Have the commission subpoena witnesses to testify under oath;

E. Cross-examine all witnesses appearing against the appellant;

F. Impeach any witness appearing before the commission;

G. Present such affidavits, exhibits and other documentary evidence as the commission deems pertinent to the inquiry; and

H. Argue the case. The appointing authority and any other person whom the commission finds to be interested in the matter shall be entitled to the same privileges. (Ord. 1020 § 13, 1990).

2.52.230 Appeals – Decision.

All decisions, opinions and recommendations arising from a hearing by the commission shall be in writing and shall include findings of fact and conclusions of law and be subscribed to by the members concurring therein. A decision shall be issued within 15 business days of the close of the hearing on the appeal. (Ord. 1020 § 14, 1990).

2.52.240 Appeals – Reconsideration.

A party may move for reconsideration of any decision or order made by the commission only on the basis of fraud, mistake, misconception of facts or newly discovered evidence. Such motion must be filed with the commission within 10 business days of the decision or order of the commission. Such motion for reconsideration shall be decided on affidavits, absent a special showing that testimony is necessary. (Ord. 1020 § 15, 1990).

2.52.250 Appeals to the superior court.

Any party adversely affected by any decision or order of the commission may appeal therefrom to the Pierce County superior court by serving upon the commission, within 30 days after entry of such decision 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 commission’s office affecting or relating to such order or decision be filed by the commission with such court. The party requesting the appeal shall pay all costs related to preparation of the transcript. (Ord. 1020 § 16, 1990).

2.52.260 Classification plan.

A class specification plan shall be prepared and maintained for each class in the classified service. Said plan shall describe the class generally, distinguish it from other classes and give examples of typical duties of the class. Said plan shall also assign to each class and position thereof the experience, knowledge, capacity, skill, education and other qualifications, including the minimum prerequisites, to be required for appointment. (Ord. 1020 § 17, 1990).

2.52.270 Classification of positions.

Each position in the classified service shall be classified by the appointing authority and allocated to its appropriate class in accordance with the character, difficulty and responsibility of its designated duties. Consideration shall be given to the general duties, specific tasks, responsibilities, required and desired qualifications for such positions. Any employee who deems himself aggrieved by the allocation of positions or any classification or reclassification action may appeal to the commission in accordance with FMC 2.52.180. (Ord. 1020 § 18, 1990).

2.52.280 Reclassifications and additional classes.

Additional classes may be established and existing classes may be divided, combined or adopted in the same manner as originally classified. Positions whose duties have changed materially so as to necessitate reclassification shall be allocated to a more appropriate class, whether new or already created, in the same manner as originally classified. (Ord. 1020 § 19, 1990).

2.52.290 Applications – Announcement of vacancy.

Whenever there is need, the secretary shall invite, by giving public notice, qualified persons to apply for employment in the classified service and for admission to the examination scheduled to select the most competent persons. Public announcement of the examination shall specify the title and salary range of the position, and include a brief outline of the requirements of the position, the minimum qualifications required and the final date upon which applications will be received. Persons desiring to compete for positions in the classified service shall file an application with the secretary/chief examiner on forms supplied by the commission. An active list of candidates for each classification shall be on file. (Ord. 1020 § 20, 1990).

2.52.300 Promotional examinations.

Vacancies in the higher positions of a class shall be filled by promotion whenever practicable in the judgment of the commission. Upon showing from a department that special training and knowledge gained with any department is essential to the proper filling of the vacancy, the commission may limit an examination to a promotional examination from within the department only. (Ord. 1020 § 21, 1990).

2.52.310 Applications – General minimum requirements.

No individual shall be eligible to apply prior to attaining the age of 21. All applicants shall be citizens of the United States and able to read and write the English language. Minimum educational requirements shall be high school graduation or equivalent certificate. The weight of an applicant must be reasonably proportionate to his height so as to not interfere with his or her ability to discharge, with reasonable efficiency, the duties required of the position. Exceptions to these requirements may be made with the unanimous consent of the commission members. (Ord. 1020 § 22, 1990).

2.52.320 Rejection of application.

The commission may refuse to accept an application or, after acceptance, may reject an application, or, after examination, disqualify a person from the eligibility list or withhold from certification the name of a successful candidate when the applicant or eligible candidate is found to:

A. Lack the minimum prerequisites established for the position.

B. Use intoxicants, illegal drugs, or prescription or over-the-counter drugs to the extent that his work performance will be adversely affected.

C. Have made any material false statement or has attempted any deception or fraud in connection with this or any other civil service application or examination.

D. Have used, or attempted to use, any political pressure to further his eligibility or appointment or promotion.

E. Have been convicted of a felony or misdemeanor in the last seven years, or admitted to criminal activity determined to have a direct relationship to the position for which application is made, except that conviction of a felony shall automatically disqualify an applicant for any law enforcement officer position. Such rejection shall take into consideration the seriousness of the offense, its recency and the age of the applicant at the time of the occurrence.

F. Have refused to furnish all information required to complete the application.

G. Have been excused from previous employment for delinquency or misconduct.

H. Have otherwise violated the provisions of this chapter or the commission’s rules.

I. Any other act or failure to act which in the judgment of the civil service commission is sufficient to show the applicant to be an unsuitable and unfit person to be employed in the civil service.

Anyone against whom such action is taken shall be notified promptly by the commission of the reasons therefor by either oral notice at the time of filing the application or written notice mailed, first class, postage prepaid, to the applicant or eligible person at the address shown on his application. Said applicant may appeal his rejection to the commission as provided in FMC 2.52.180. (Ord. 1527-04 § 9, 2004; Ord. 1020 § 23, 1990).

2.52.330 Application fee.

For any position in the classified service that shall be vacant and an application process therefore commenced, the commission, in its discretion, may determine an appropriate application fee, in any case not to exceed the actual cost of processing the application and administering the examination. Nothing herein shall require the commission to charge an application fee, and the commission may, in its discretion, waive the fee for applicants who are indigent. (Ord. 1020 § 24, 1990).

2.52.340 Examinations – Conducting of examination.

The responsibility for conducting any examination authorized by this chapter may be delegated by the commission. The secretary/chief examiner shall arrange for the use of public buildings and equipment for the conducting of examinations. The commission shall designate the person or agency who shall conduct and score the examinations; provided, that no member of the civil service commission or classified service shall conduct or score the examination. (Ord. 1020 § 25, 1990).

2.52.350 Examinations – Qualifying grade.

In all examinations, the minimum grade for which eligibility may be earned shall be determined at the time the commission determines which tests are to be administered, and all prospective examinees shall be advised of said standard prior to taking said examination. The establishment of said minimum grade for any given examination shall be recorded in the regular meeting minutes of the commission. Such final grades shall be based upon each factor of the examination, including educational requirements, training, experience and other qualifying elements as shown in the application of the candidate or other verified information. (Ord. 1020 § 26, 1990).

2.52.352 Enhanced entry level eligibility list.

Upon written request from the city manager, the commission shall prepare and maintain an eligibility list for commissioned police officers, which shall be known as the enhanced entry level list. In order to be eligible to test for placement on the enhanced entry level, the applicant must meet all other requirements for an entry level police officer position, must have at least 12 months satisfactory performance as a full-time law enforcement officer in the 24-month period prior to submitting his application, and have successfully completed the Washington State Basic Law Enforcement Academy or another equivalent academy recognized by the state of Washington. (Ord. 1537-04 § 1, 2004).

2.52.355 Lateral hire eligibility list.

Upon written request from the city manager, the commission shall prepare and maintain an eligibility list for any position which the city manager has determined having the option of hiring trained personnel for that position would be in the best interests of the city. In order to be eligible for a lateral hire list, the applicant must meet all other requirements for the position, and, in addition, have at least two years’ satisfactory performance in a like position within the last 24 months. (Ord. 1501-03 § 1, 2003).

2.52.360 Examinations – Rating and preparation of eligibility list.

The names of persons successful in all parts of an examination shall be arranged in order of their earned test rating, except that a preference status shall be accorded to all honorably discharged veterans of any military service of the United States of America and to veterans of the American Red Cross and to all current reserve officers of the Fife police department. Preference status shall be accorded to veterans as defined in RCW 41.04.005 in the manner prescribed in RCW 41.04.010. Proof of honorable discharge or certificate of honorable active service shall be submitted at the time of making application. Preference status of applicants for the position of police officer shall be accorded to city of Fife reserve police officers by adding to the mark, grade or rating, based upon a possible rating of 100 percent as perfect, a maximum amount of 10 percent to his final earned test grade according to the following formula: Reserve police officers who have completed one full year of police reserve service shall have an additional three and one-half percent added to their final earned test rating. Reserve police officers who have completed two full years of police reserve service shall have an additional three and one-half percent added to their final earned test rating. Reserve police officers who have completed three full years of police reserve service shall have an additional three percent added to their final earned test rating. Preference status shall be accorded only to officers who have received a minimum passing grade in the examination.

Preference status of applicants for the position of communications officer shall be accorded to city of Fife reserve communication officers by adding to the mark, grade or rating, based upon a possible rating of 100 percent as perfect, a maximum amount of 10 percent to his final earned test grade according to the following formula: Reserve communication officers who have completed one full year of communication reserve service shall have an additional three and one-half percent added to their final earned test rating. Reserve communication officers who have completed two full years of communication reserve service shall have an additional three and one-half percent added to their final earned test rating. Reserve communication officers who have completed three full years of communication reserve service shall have an additional three and one-half percent added to their final earned test rating. Preference status shall be accorded only to officers who have received a minimum passing grade in the examination.

Time served in the Fife reserve police service shall not count toward preference status of applicants for a police communication position. Time served in the Fife reserve communication position shall not count toward preference status of applicants for a police officer position. In no event shall any combination of preference status percentages exceed 10 percent. (Ord. 1020 § 27, 1990).

2.52.370 Eligibility list – Order of names.

The names of applicants successful in all parts of an examination shall be entered upon the eligibility list for the class in order of their earned test rating, including veteran’s credits or other applicable credits as set forth in FMC 2.52.360, and without preference as to priority of the time of examination, except employees laid off from a position in that class shall be given preference over other applicants, in inverse order of layoff. Whenever two or more persons have equal claim to a position on a list, their names shall be arranged according to the highest score on the written examination. If such applicants have received the same score on the written examination, their names shall be arranged according to the filing date of the application. If such applicants have also filed their applications on the same date, priority shall be determined by the highest score on the oral part of the examination. (Ord. 1020 § 28, 1990).

2.52.380 Examination – Notification of results.

Each applicant shall be notified by mail of the results of the examination and, if successful, of his final earned rating and his relative position on the eligibility list. Any applicant will have the right to inspect his own test papers in the presence of the secretary/chief examiner or his designee. If the applicant believes an error has been made in the application of the written test scoring key or in the rating given on any part of the examination or that any other error has been made, the applicant may appeal to the commission in accordance with FMC 2.52.180. (Ord. 1020 § 29, 1990).

2.52.390 List – Effective life.

Eligibility lists shall become effective upon approval thereof by the secretary/chief examiner’s signature to the effect that the list was legally prepared and represents the relative rating of the names appearing thereon. Eligibility lists, including promotional lists, shall remain in effect one year and may be extended by action of the commission for not more than one additional year. Names of employees laid off shall be carried on the eligibility list for at least two years. (Ord. 1020 § 30, 1990).

2.52.400 Eligibility list – Removal of names.

The name of any person appearing on an eligibility list who fails to respond to a notice of certification shall be reported to the commission by the secretary/chief examiner and shall be removed from the eligibility list by the commission. If he declines an appointment without reasons satisfactory to the commission or if he cannot be located by postal authorities, he shall be removed from the list by the commission. In case of such removal, the secretary/chief examiner shall notify the candidate affected at his last known address in writing. The name of a person so removed may be reinstated only if satisfactory explanation of the circumstances is made to the commission. The names of classified employees on promotional employment lists who resign from the service shall be removed from such list. (Ord. 1020 § 31, 1990).

2.52.410 Eligibility list – Revocation of list.

An eligibility or promotional list may be revoked and another examination ordered only when, upon recommendation of the secretary/chief examiner and approval of a majority of the commission members, such action is deemed advisable on account of fraud, errors or of obviously inappropriate standards prescribed in connection with the examination and of plainly inadequate results obtained therefrom, or if there are less than three names remaining on said list. No list shall be altered or revoked except upon written notice to all persons, addressed to them at their last known address, whose standing may be affected, and upon entry of the reasons for said revocation in the minutes of the commission. (Ord. 1020 § 32, 1990).

2.52.420 Request for certification.

A. Upon request by the appointing authority for certification of names to fill a vacancy, the commission shall certify the names of the three available eligible persons who stand highest on the appropriate eligibility list. If the appointing authority makes an acceptable showing to the commission that any of the eligible persons certified to the appointing authority are not available or that they do not respond, then an additional name or names, as the case may be, shall be furnished to the appointing authority to replace the name or names of the person or persons that were not available or did not respond.

B. If less than three names are available on a register at the time the appointing authority requests certification, or if less than three persons are available or respond and there are an inadequate number of eligible persons remaining on the certified list to replace the persons that are unavailable or do not respond, then the appointing authority may, in his sole discretion, select a listed eligible for appointment, or alternatively, may require the commission to prepare a new register so that three names are available for the appointing authority’s consideration. (Ord. 1070 § 1, 1991; Ord. 1020 § 33, 1990).

2.52.430 Certification – Failure to respond.

Whenever a candidate whose name has been certified for appointment fails to answer an inquiry of the secretary/chief examiner or of the appointing authority within five business days after the mailing of such notice of certification, or fails to accept an appointment when offered within the same period, or within the next succeeding business day when notification is given orally or by telephone, he is deemed to have declined appointment. If a candidate accepts appointment within the period outlined and fails to present himself for duty within five days of the date specified in the notice, he may be deemed to have declined appointment. (Ord. 1020 § 34, 1990).

2.52.440 Certification – Provisional appointment.

If, for any reason, there is no eligibility list for the class, the commission shall authorize a provisional appointment list for said class and certify to the appointing authority the names of the three highest eligibles on said list. As soon as possible following a provisional appointment, the secretary/chief examiner shall announce and conduct an examination and shall certify three names for regular appointment in the usual manner. No provisional appointment shall continue for a period longer than four months in any one fiscal year, and no one person shall receive more than one provisional appointment in any one fiscal year. No time as a provisional appointee shall be credited to the probationary period or be utilized in computing any privilege accruing under this chapter or the commission’s regulations. (Ord. 1020 § 35, 1990).

2.52.450 Provisional appointment – Emergency.

A provisional appointment without examination may be made when there is no appropriate provisional appointment list or persons on the list cannot be contacted, and when the appointing authority certifies and supports with adequate facts that an emergency exists. Such provisional appointment must be approved by a majority of the commission, and the provisional appointee must meet the requirements for the class. As soon as possible following a provisional appointment, the secretary/chief examiner shall announce and conduct an examination and shall certify three names for regular appointment in the usual manner. No person shall receive more than one provisional appointment or serve more than four months as a provisional appointee in any one fiscal year. For purposes of this section, an emergency exists when:

A. Life, health or property is in jeopardy;

B. The immediate employment of a currently available applicant is imperative because of extreme recruitment difficulties;

C. The work program of the department will be impaired if the position is left vacant, and the work cannot be deferred or reassigned; or

D. A vacancy will result in failure to perform legally required functions or to meet deadlines imposed by law. (Ord. 1020 § 36, 1990).

2.52.460 Temporary appointments.

In making a temporary appointment, the appointing authority may appoint from the ranks of the Fife police reserve officers, in his sole discretion. If the appointing authority does not appoint a reserve officer to a temporary appointment, then the appointing authority shall make requisition to the secretary/chief examiner in the manner provided for regular appointments, but shall indicate the date by which it is anticipated the temporary appointment will terminate. The secretary/chief examiner shall notify the persons appearing on the appropriate list indicating the nature of the position and its duration, to learn who may be willing to accept temporary appointment. The commission shall certify the names of the three persons standing highest on such list who shall be called in order as furnished by the secretary/chief examiner. No temporary appointment shall be made for more than four months in any one fiscal year. Temporary service shall not be credited to any probationary period or be used in computing any privilege accruing under this chapter or the commission’s rules. (Ord. 1071 § 1, 1991; Ord. 1020 § 37, 1990).

2.52.470 Probationary period – Length of period.

No person shall be permanently appointed to the position of entry level police officer until they have satisfactorily served a probationary period of 18 months. No person shall be permanently appointed to the position of lateral hire police officer until they have satisfactorily served a probationary period of 12 months. No person shall be permanently appointed to any other civil service position until they have satisfactorily served a probationary period of 12 months. No person shall be permanently appointed to a promotional position until having satisfactorily served a probationary period of six months. Persons re-employed who have formerly acquired permanent status in the class shall not be subject to probation. (Ord. 1565-05 § 1, 2005; Ord. 1527-04 § 10, 2004; Ord. 1456 § 1, 2002; Ord. 1020 § 38, 1990).

2.52.480 Probationary period – Termination of probationer.

During the probationary period, the appointing authority, at his discretion, may terminate the employment of an employee. Written notice of said termination, setting forth the reasons therefor, shall be given to the probationer and a copy forwarded to the secretary/chief examiner. Said reasons need not constitute just cause and shall not otherwise be appealable to the commission except as set forth in FMC 2.52.170. (Ord. 1020 § 39, 1990).

2.52.490 Probationary period – Termination of probationary status.

Unless the probationer has been terminated pursuant to FMC 2.52.480, then at the end of the probationary period, the probationer shall automatically acquire permanent status. (Ord. 1020 § 40, 1990).

2.52.500 Probationary period – Termination after promotion.

A promotional appointee who is terminated during his probationary period shall be restored to the position from which he was promoted, displacing an incumbent in that class on the basis of seniority within the department if no vacancy exists, unless his termination is for just cause that would be just cause for discharge from any position within the classified service. (Ord. 1074 § 1, 1991; Ord. 1020 § 41, 1990).

2.52.510 Transfers.

Transfers consist of the change of an employee from one position to another position in the same or comparable class. The change of an employee from a position in a class with a lower, to a position in a class with a higher maximum rate of pay shall be deemed a promotion and may be accomplished only in the manner provided in this chapter for making promotional appointments. A transfer of an employee from a position in a class with a higher, to a position in a class with a lower maximum rate of pay shall be deemed a demotion and may be accomplished only in the manner provided in this chapter for making a demotional appointment. (Ord. 1020 § 42, 1990).

2.52.520 Layoff.

Whenever the appointing authority contemplates a reduction in staff because of a shortage of funds, lack of work or material reorganization of the department, notice thereof shall be sent by the appointing authority to the secretary/chief examiner. When it is decided which positions are to be vacated, employees holding positions within a class shall be laid off in inverse order to their length of service. Any complaint by a permanent employee that the layoff was not in conformity with this chapter or the commission’s rules may be investigated by the commission in accordance with FMC 2.52.180. If the commission finds that the layoff was not made in accordance with this chapter or with the commission’s rules, it may order the reinstatement of the permanent employee or employees. Notice of layoff shall be given the employee concerned and the secretary/chief examiner at least two weeks before the effective date thereof. Employees laid off shall have their names placed on the top of the eligibility list of the class to which their position was allocated in accordance with this chapter. (Ord. 1020 § 43, 1990).

2.52.530 Suspension.

The appointing authority may for just cause, as set forth in FMC 2.52.560, suspend a permanent employee, with or without pay, for a period not to exceed 30 days in any 12-month period. The appointing authority may delegate this responsibility to a department head. In all such cases, written notification of said suspension setting forth the specific grounds and the particular facts upon which the disciplinary action is based and the employee’s right to appeal that action under this section shall be furnished to the employee and secretary/chief examiner no more than five days after the effective date of the suspension. Said suspension may be reviewed by the civil service commission in accordance with FMC 2.52.180. (Ord. 1020 § 44, 1990).

2.52.540 Demotion.

The appointing authority may demote a permanent employee to a lower class for just cause as set forth in FMC 2.52.560. The appointing authority may delegate this responsibility to a department head. In all such cases, a written notification of said demotion setting forth the specific grounds and the particular facts upon which the demotion is based, as well as the employee’s right to appeal that action under this section, shall be furnished the employee and the secretary/chief examiner no more than five days after the effective date of the demotion. Said demotion may be reviewed by the civil service commission in accordance with FMC 2.52.180. (Ord. 1020 § 45, 1990).

2.52.550 Discharge.

The appointing authority may discharge a permanent employee for just cause as set forth in FMC 2.52.560. The appointing authority may delegate this responsibility to a department head. In all such cases, a written notification of said discharge setting forth the specific grounds and the particular facts upon which the disciplinary action is based, as well as the employee’s right to appeal that action under this section, shall be furnished the employee and the secretary/chief examiner no more than five days after the effective date of the discharge. Said discharge may be reviewed by the commission in accordance with FMC 2.52.180. (Ord. 1020 § 46, 1990).

2.52.560 Just cause for disciplinary action.

An employee in the classified civil service may be discharged or suspended with or without pay, or demoted, reduced in rank, or deprived of vacation privileges or other special privileges or terminated or removed from the classified service for any of the following reasons:

A. Incompetency, inefficiency, inattention to or dereliction of duties.

B. Dishonesty, insubordination, discourteous treatment of the public or of a fellow employee, or any other act of omission or commission tending to injure the public service, or any other wilful failure of the employee to conduct himself properly, or any wilful violations of this chapter or the commission’s rules.

C. Mental or physical unfitness for the position which the employee holds.

D. Use of intoxicating liquors, illegal narcotics or any other habit forming drug, liquid or preparation, to such an extent that the use thereof interferes with the efficiency or physical fitness of the employee, or which precludes the employee from performing properly the functions and duties of his position in the classified service.

E. Conviction of a felony.

F. Use of department equipment for personal business or pleasure.

G. Acceptance for personal use of a fee, gift or other valuable thing, thereby creating the appearance that the giver hoped to receive a favor or better treatment than that accorded the public generally.

H. Any other act or failure to act which indicates the employee is unfit and unsuitable to be employed in the position he holds.

This list is not intended to be inclusive, and discipline may be taken for any other just cause. (Ord. 1527-04 § 11, 2004; Ord. 1020 § 47, 1990).

2.52.570 Appeal from disciplinary action.

Any permanent employee in the classified civil service who is removed, suspended, demoted or discharged may appeal said disciplinary action to the commission in accordance with FMC 2.52.180. The purpose of the hearing shall be confined to a determination of the question of whether said disciplinary action was taken for just cause. After conducting a hearing, the commission may confirm the disciplinary action, or, if it shall find that the said action was made for political or religious reasons, or was not made in good faith for just cause, shall order the immediate reinstatement of such person to the position from which such person was removed, suspended, demoted or discharged. In lieu of affirming the disciplinary action, the commission may modify the order of 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 authority and the police chief, and shall be forthwith enforced by said officials. (Ord. 1527-04 § 12, 2004; Ord. 1020 § 48, 1990).

2.52.580 Roster card.

The secretary/chief examiner shall maintain in his custody a service or roster card for each employee in the classified service, showing name, title or position held, the division within the employing department to which assigned, the salary, changes in employment status, leaves, and all other information that may be considered pertinent. (Ord. 1020 § 49, 1990).

2.52.590 Examination records.

The secretary/chief examiner shall similarly maintain an examination card for every applicant, giving the name, address, age, sex, the date and title of examination, complete ratings earned and the grade obtained if successful; if unsuccessful this fact should be recorded. (Ord. 1020 § 50, 1990).

2.52.600 Records open to the public.

The minutes of all civil service commission meetings shall be open to the public during office hours of the City Hall and may be inspected upon application to the secretary/chief examiner. (Ord. 1020 § 51, 1990).

2.52.610 Retention of records.

The records of the civil service commission shall be retained in accordance with the city’s document retention policy. (Ord. 1073 § 1, 1991; Ord. 1020 § 52, 1990).

2.52.620 Reports.

The appointing authority shall report to the secretary/chief examiner in writing and upon forms prescribed by the commission, all employments and all changes whatsoever in the status of personnel, supplying the name of the new appointee or employee, the title of his position and date of commencement of service, and any change recommended or made therein. (Ord. 1020 § 53, 1990).

2.52.630 Annual report.

Repealed by Ord. 1073. (Ord. 1020 § 54, 1990).

2.52.640 Legal advisor.

The city attorney shall serve as the legal advisor to the commission. If the city attorney has a conflict of interest relating to a specific case to be heard by the commission, then the city attorney shall obtain qualified independent counsel to advise the commission. If the recommended attorney is not acceptable to the commission then the city attorney shall obtain alternate qualified legal counsel to advise the commission. The independent legal counsel shall be retained upon such terms of compensation as are set by the city council. (Ord. 1075 § 1, 1991; Ord. 1020 § 55, 1990).

2.52.650 Reserve officers – Relief and pension benefits.

The city of Fife hereby extends the relief and pension provisions of the Volunteer Firefighters’ and Reserve Officers’ Relief and Pension Act (“Act”) to all qualified reserve officers.

A. The city shall pay all annual fees established by the State Board for Volunteer Firefighters for the relief plan.

B. The city hereby elects, pursuant to the pension plan provisions of the Act, to allow participation by qualifying reserve police officers, and the city shall count and pay for the cost of all payments for all years of service completed with the city of Fife prior to the adoption of the ordinance codified in this chapter.

C. The police chief is authorized to enroll the city’s reserve officers and to certify reserve officers’ service under the pension provisions of Chapter 41.24 RCW.

D. The city shall establish and maintain a board of trustees for the administration of Chapter 41.24 RCW. Such board shall consist of the city manager (or designee), finance director (or designee), one councilmember, the police chief, and one reserve officer to be elected by the reserve officers of the city for an annual term of one year. The board of trustees shall comply with the provisions of RCW 41.24.070, 41.24.080, 41.24.090, 41.24.100, 41.24.110, 41.24.120, 41.24.130, and 41.24.460 (3), as now and hereafter amended. (Ord. 1585-05 § 1, 2005).

Chapter 2.56
UTILITY DEPARTMENT

(Reserved)

Chapter 2.58
COMMUNITY DEVELOPMENT DEPARTMENT

Sections:

2.58.010 Community development department established.

2.58.020 Community development director – Appointment – Responsibilities.

2.58.030 Repealed.

2.58.010 Community development department established.

The community development department is hereby established. It shall be responsible for the administration and operation of all city utilities; the administration of all building codes, fire codes and other codes and regulations relating to land use, land development and building construction; planning for city growth, including preparation and administration of all comprehensive plans, zoning ordinances, sign codes and other related land use regulations; and such other functions as may be assigned by the mayor in order to effectively and efficiently assure sound community development. (Ord. 1037 § 2, 1990).

2.58.020 Community development director – Appointment – Responsibilities.

A. The is hereby created the position of community development director. The position of community development director shall be appointed by the city manager. The community development director shall be an at-will employee, to serve at the pleasure of the city manager.

B. The community development director shall report to the city manager and shall be responsible for the orderly operation of the community development department, including supervision of department personnel, and assuring that the department responsibilities set forth in FMC 2.58.010 are promptly and efficiently fulfilled.

C. The community development director shall be responsible for any other duties and responsibilities that may be assigned to him in his job description. (Ord. 1450 § 12, 2002; Ord. 1301 § 1, 1998; Ord. 1037 § 3, 1990; Ord. 1033 § 1, 1990).

2.58.030 Positions in department – Compensation.

Repealed by Ord. 1450. (Ord. 1234 § 1, 1996; Ord. 1107 § 1, 1991; Ord. 1037 § 3, 1990).

Chapter 2.60
PERSONNEL POLICIES
AND PROCEDURES

Sections:

2.60.010 Part-time and temporary employees.

2.60.020 At-will employees.

2.60.030 Guidelines adopted – Conflicts.

2.60.010 Part-time and temporary employees.

A. The city manager is authorized to hire part-time or temporary employees to perform various duties on behalf of the city. The total wages paid to part-time or temporary employees shall be determined by the amount budgeted in the annual budget for part-time or temporary employees for the various departments.

B. Part-time and temporary employees shall serve at the pleasure of the city manager. (Ord. 1398 § 20, 2000; Ord. 1007 § 1, 1990; Ord. 657 § 1, 1982; Ord. 505 § 1, 1979).

2.60.020 At-will employees.

The provisions of all other codes and resolutions notwithstanding, all department directors, subject to applicable civil service regulations, shall be appointed by the city manager. Department directors are employees at-will and shall serve at the pleasure of the city manager. (Ord. 1398 § 21, 2000; Ord. 1304 § 1, 1998).

2.60.030 Guidelines adopted – Conflicts.

A. The city council may, from time to time, adopt by resolution policies and procedures relating to city personnel. Said policies and procedures shall be guidelines for the operation of city government and provide guidelines to the city’s management team in employee relations. Any provisions relating to discipline shall not apply to department directors, as they serve at the pleasure of the city manager. The adoption of such policies and procedures shall not be construed as to interfere with the city manager’s authority as the chief executive and administrative officer for the city.

B. Policies and Procedures. In the case of conflict between a collective bargaining agreement or civil service regulation and the policies and procedures adopted pursuant to this section, the collective bargaining agreement and/or civil service regulations shall prevail. (Ord. 1398 § 22, 2000; Ord. 1304 § 2, 1998).

Chapter 2.64
GENERAL LEAVE*

Sections:

2.64.010 Maternity leave and benefits.

2.64.020 Return from eight-day sick leave.

* Chapter 2.64 FMC, previously named Vacation and Sick Leave, was set out and amended by the following ordinances: 44, 490, 659, 795, 798, and 1007.

2.64.010 Maternity leave and benefits.

A. For all employment related purposes, an illness or disability caused or contributed to by an employee’s pregnancy, miscarriage, abortion, childbirth and/or recovery therefrom is considered a temporary disability.

B. Accumulated sick leave and sick leave pay may be used for the period of actual illness or disability caused or contributed to by an employee’s pregnancy, miscarriage, abortion, child-birth and/or recovery therefrom. For purposes of this subsection, use of accumulated sick leave for a six-week period of recovery after childbirth shall be considered reasonable. The employee’s actual disability beyond that time must be verified by a licensed medical doctor’s statement.

C. If the period of actual illness or disability extends beyond the employee’s accumulated sick leave, then she may be placed on temporary disability leave. The employer may request a written verification from a licensed medical doctor that the employee remains disabled due to pregnancy, miscarriage, abortion, childbirth or recovery therefrom, the extent of such disability and the projected date for return to work. Temporary disability leave shall be granted for the period of actual disability only and shall not exceed six months. The employer shall continue to pay the health and welfare benefits during such leave, but the leave shall be without pay.

D. An additional leave of absence beyond the period of actual disability, for child care, shall be granted at the discretion of the employer. If approved by the employer, the leave of absence shall be without pay or benefits, unless the employee pays for the benefits. Such leave shall not constitute a break in service, but no benefits shall accrue during this leave of absence.

E. If the employee’s leave was only for the actual period of illness or disability caused or contributed to by pregnancy, miscarriage, abortion, childbirth and/or recovery therefrom, then the employee shall return to her same job or a similar job with at least the same pay.

F. The provisions of this section shall apply to both married and unmarried employees. (Ord. 1007 § 2, 1990; Ord. 946 § 1 1988).

2.64.020 Return from eight-day sick leave.

An employee who has been absent from work, because of illness or injury, for eight or more consecutive work days, shall provide the city a written statement from a physician as a precondition to returning to work, stating whether, in the opinion of the physician, the employee is able to perform his or her ordinary job duties without risk of harm to himself, herself or others because of the illness or injury that caused the absence. Nothing in this section requires an employee to submit to medical care in violation of his or her bona fide religious convictions. (Ord. 1007 § 2, 1990; Ord. 949 § 1, 1988).

Chapter 2.66
LEGAL DEFENSE FOR CITY EMPLOYEES, ELECTED OFFICIALS AND VOLUNTEERS

Sections:

2.66.010 Defense of acts or omissions.

2.66.020 Notice of claim – City attorney to evaluate.

2.66.030 Cooperation with city in defense.

2.66.040 Acts not defended by city.

2.66.050 City’s duty to indemnify.

2.66.010 Defense of acts or omissions.

The city shall indemnify, hold harmless and defend a city employee, elected official or volunteer for any liability that may arise from acts or omissions committed by the employee, volunteer or elected official where said acts or omissions were made in good faith during the course of and in the scope of city employment or volunteer activity. (Ord. 1000 § 2, 1989).

2.66.020 Notice of claim – City attorney to evaluate.

Upon receiving notification that a claim is being made against him/her the city employee, volunteer or officer shall immediately notify the city attorney that a claim has been made and he/she shall deliver to the city attorney a copy of the summons and complaint and any other documents that have been served upon him/her. The city attorney shall then evaluate the claim and notify the employee/ officer/volunteer in writing as to whether or not he/she is entitled to defense and indemnity by the city. If the city attorney determines that any or all of the claims are not entitled to defense and indemnity by the city he shall so notify the employee/volunteer/city official who may then appeal that decision to the city council within 10 days of receiving notification of the rejection. The city council shall then review the city attorney’s decision and may reverse, modify or affirm that decision. The decision of the city council shall be final. Any appeal from that decision to the superior court must be made within 10 days of the council providing its written decision to the affected employee/ officer/volunteer. (Ord. 1000 § 3, 1989).

2.66.030 Cooperation with city in defense.

If the city determines that it will provide a defense for the affected city employee/officer/volunteer then the affected employee/officer/volunteer will fully cooperate with the city in preparing a defense and trying the case should it go to trial. If the city employee/officer/volunteer fails to cooperate then the city may refuse to provide further defense and indemnity. (Ord. 1000 § 4, 1989).

2.66.040 Acts not defended by city.

The city shall have no duty to indemnify, hold harmless or defend a city employee/officer/volunteer with regards to the following:

A. Nonmonetary orders that are entered against the employee/officer/volunteer;

B. Consequences of the lawsuit that occur prior to the time the employee/officer/volunteer notifies the city attorney about the claim;

C. Any criminal complaint;

D. Any intentional tort or for any conduct that is wilful or wanton; provided, however, if the city employee/officer/volunteer denies that he/she has committed intentional or wilful or wanton conduct, then the city shall provide the defense but shall have no duty to indemnify the employee/ officer/volunteer if any judgment is entered against he/she for intentional or wilful and wanton wrongful conduct; provided further, if the trier of fact finds that the employee/officer/volunteer has committed a wilful, wanton or intentional wrongful act then he shall be required to reimburse the city for defense costs, including attorney fees, incurred in defending the employee/officer/volunteer in said lawsuit. The city shall require the employee to sign an agreement indicating he will reimburse the city for defense costs, including attorney fees, should the trier of fact determine the employee committed a wilful, wanton or intentional wrongful act. This document shall be signed before the city is obligated to provide a defense;

E. Any recall process instituted against an elected official. (Ord. 1000 § 5, 1989).

2.66.050 City’s duty to indemnify.

The city’s duty to indemnify, hold harmless and defend is recognized as a common-law duty and as a historical policy of the city. The codification of this policy does not constitute a change in remuneration during any elected official’s tenure in office, nor does it constitute a unilateral change in wages, hours or working conditions of any employee who serves the city under the terms of a collective bargaining agreement. (Ord. 1000 § 6, 1989).

Chapter 2.68
EMERGENCY OPERATIONS

Sections:

2.68.010 Officer designated.

2.68.020 Manual adopted by reference.

2.68.030 Powers and duties in the event of an emergency or disaster.

2.68.040 Disaster and emergency powers of the city manager.

2.68.010 Officer designated.

The chief of police is designated as the emergency operations officer for the city. (Ord. 645 § 1, 1982).

2.68.020 Manual adopted by reference.

The “Emergency Operation Manual”, dated March 9, 1982, three copies of which are on file with the city clerk-treasurer, is adopted by reference. (Ord. 645 § 2, 1982).

2.68.030 Powers and duties in the event of an emergency or disaster.

The mayor, or in the absence of the mayor, the mayor pro tem or next senior councilmember is hereby empowered:

A. To proclaim the existence of a disaster and termination thereof, in the event of any actual or threatened natural, or human-caused public calamity, including, but not limited to, enemy attack, sabotage, hazardous material incident or extraordinary fire, flood, storm, epidemic or earthquake; and

B. To request the governor to proclaim a state of extreme emergency when, in the opinion of the mayor, or in the absence of the mayor, the mayor pro tempore or the next senior councilmember the resources of the city of Fife are inadequate to cope with the disaster. (Ord. 951 § 1, 1988).

2.68.040 Disaster and emergency powers of the city manager.

In the e