Frequently Asked Questions on Civil Service

Questions

When must a civil service system for police be formed in a small city or town?
When must a civil service system for fire be formed in a small city or town?
May a city or town have a single civil service commission to deal with both police and fire?
Does state law mandate what is required if a police or fire civil service position is eliminated?
If the current eligibility list has expired for police officers, can the position be filled with a temporary person?
Could a temporary employee be used for a six-month period?
May the police department's secretary serve as the secretary/chief examiner to the civil service commission?
The civil service commission meets only once a month, usually a few days after civil service employees are paid. How can the commission certify the payroll and still have employees timely paid?
May the civil service commission conduct an investigation based on a citizen's complaint concerning the conduct of a classified officer?
Is a city required to cover its police department employees with civil service if it has two full-time officers, one of whom is attending training, and a third who has been temporarily hire to fill in for the officer in training?
Are the non-commissioned members of the police department, such as secretaries or records clerks, required to be under civil service?
If the number of covered employees is reduced below the minimum required for civil service, do the remaining officers continue to have civil service protection, in the event civil service is abolished?
May a candidate for a civil service position claim veteran's preference points if he was previously employed elsewhere after using veteran's preference?
Must the civil service commission meet monthly, even if there is no work to perform?
What is a scoring criteria status (formerly a preference status)?
What veterans qualify for what scoring criteria status?
What time limitations apply to a veteran's ability to claim a scoring criteria status?
How does a city or county implement the requirements RCW 41.04.010?

When must a civil service system for police be formed in a small city or town?
When the city or town has three full-time paid police officers, including the chief.
When must a civil service system for fire be formed in a small city or town?
When a city or town has any full-time paid fire fighters.
May a city or town have a single civil service commission to deal with both police and fire?
Yes.
Does state law mandate what is required if a police or fire civil service position is eliminated?
No. This is a situation in which a position is being eliminated. It is not a demotion, disciplinary action, or a layoff. State civil service law does not mandate how this must be handled.
If the current eligibility list has expired for police officers, can the position be filled with a temporary person?
RCW 41.08.040(9), 41.12.040(9), and 41.14.060(7) provide for a temporary or provisional appointment to be made when there is a vacancy and there is no eligibility list. Such a temporary or provisional appointment is not to last more than four months, and one person may not serve as a provisional or temporary appointee for more than four months in any one fiscal year.
Could a temporary employee be used for a six-month period?
In a city or town, the answer is likely "yes," for only "substantial compliance" is required with the state statutes. There is no "substantial compliance" language in chapter 41.14 RCW, so use of temporary or provisional employees in a sheriff's department is limited to four months.
May the police department's secretary serve as the secretary/chief examiner to the civil service commission?
Yes, a secretary in the police department can serve as the secretary/chief examiner for the police civil service commission under RCW 41.12.040. These are not incompatible positions. A competitive examination would be required for appointment. Under RCW 41.12.040, the secretary/chief examiner of a civil service commission must be either an existing employee of the city or a city resident. See AGO 1989 No. 20. The statute also provides that the civil service secretary position may be limited to persons already employed by the police department. A secretary in the fire department could likewise serve as the secretary/chief examiner. See RCW 41.08.040. The same is not true, however, for an employee in the sheriff's department; RCW 41.14.050 specifically prohibits any employee of the department from being secretary/chief examiner.
The civil service commission meets only once a month, usually a few days after civil service employees are paid. How can the commission certify the payroll and still have employees timely paid?
The sheriffs' civil service commission has the authority to certify payrolls under RCW 41.14.150, as does the fire civil service commission for fire employees (RCW 41.08.120) and the police civil service commission for city police (RCW 41.12.120). Payroll certification is a ministerial function. Many civil service commissions delegate the payroll certification function to an administrative officer. In addition, the civil service commission can consider positions separately and any portion of the payroll not in dispute should be certified. Failure to timely pay employee wages, especially wages not in dispute, could result in liability, including the possibility of double damages under RCW 49.52.070.
May the civil service commission conduct an investigation based on a citizen's complaint concerning the conduct of a classified officer?
No. This issue was considered in an opinion of the Attorney General, AGO 1986 No. 9:
Is a city required to cover its police department employees with civil service if it has two full-time officers, one of whom is attending training, and a third who has been temporarily hire to fill in for the officer in training?
No, not necessarily. In Jordan v. Oakville, 106 Wn.2d 122, 127-128, 720 P.2d 824 (1986), the court held the City of Oakville was not required to establish a police civil service system under RCW 41.12.010, even though the city effectively employed three full-time police officers, because one officer was a temporary replacement for an officer attending the police officer training school and the city budget identified only one full-time police officer position, in addition to the police chief, resulting in a two-member police force.
Are the non-commissioned members of the police department, such as secretaries or records clerks, required to be under civil service?
In most instances, yes. RCW 41.12.050 governs persons included within police classified civil service and provides, in part, that:
A Washington case construing this statute, Teamsters v. Moses Lake, 70 Wn. App. 404, 407, 853 P.2d 951 (1993), held that all full-time employees of the police department must be included in the civil service system, not just the commissioned police officers performing traditional police officer functions. The city may exclude reservists and part-time employees from civil service coverage. The same general answer applies to the fire department. See RCW 41.08.050. Civil service for a sheriff's office covers "all deputy sheriffs and other employees of the office" except the sheriff and certain additional positions, the number of which is determined according to the size of the office's staff. RCW 41.14.070.
If the number of covered employees is reduced below the minimum required for civil service, do the remaining officers continue to have civil service protection, in the event civil service is abolished?
No. Civil service protection does not continue if civil service is eliminated. Civil service is statutory, not contractual, and it can be modified or eliminated without affecting any employee's vested rights. State Employees v. State, 101 Wn.2d 536, 542; see also, Grieg v. Metzler, 33 Wn. App. 223, 230-31, 653 P.2d 1346 (1982).
May a candidate for a civil service position claim veteran's preference points if he was previously employed elsewhere after using veteran's preference?
No. RCW 41.04.010 provides in part that the preference may be used in a competitive examination "until one of such examinations results in said veteran's first appointment."
Must the civil service commission meet monthly, even if there is no work to perform?
Although the statutes call for monthly meetings (RCW 41.08.040, 41.12.040 and 41.14.050), the commission could likely adopt a local rule requiring a monthly meeting "if there is business to be conducted." For cities and towns, such a rule would "substantially accomplish the purpose" of the civil service laws.
What is a scoring criteria status (formerly a preference status)?
A scoring criteria status is the addition of a certain percentage to the "passing mark, grade or rating" received in a competitive examination by a veteran as defined in RCW 41.04.005 and RCW 41.04.010. The percentage, which varies with the category of veteran, is based "upon a possible rating of one hundred points as perfect." RCW 41.04.010. Under this scheme, for example, a veteran entitled to a 10 percent scoring criteria who scores a passing grade of 80 out of a possible 100 would receive an additional 8 points for a total score of 88. When the scoring criteria status can be applied also varies with the category of veteran.
What veterans qualify for what scoring criteria status?
Recent statutory amendments have greatly increased the pool of veterans covered by RCW 41.04.010. Anentirely new category of veteran has been added, one whose service was not during a time of war or in an armed conflict. There are now three categories of veterans to which the scoring criteria status applies. A base requirement of each category is that the person has received from any branch of the armed forces an honorable discharge or a discharge for physical reasons with an honorable record. The three categories are:

Veterans who served during a period of war or in an armed conflict and do not receive military retirement. Veterans who served during a "period of war," as that is defined in RCW 41.04.005, need not have served in a combat zone or hostile environment to qualify; simply being in the armed forces during a such a period, in addition to not receiving military retirement, is sufficient. Veterans who served in an "armed conflict," as defined by RCW 41.04.005, and received a campaign badge or medal, and who do not receive military retirement, also qualify in this category.

A "period of war" is defined by RCW 41.04.005 to include, in addition to the two world wars, the following:
- the Korean conflict;
- the Vietnam era, which was the period beginning August 5, 1964, and ending on May 7, 1975;
- the Persian Gulf War, which was the period beginning August 2, 1990, and ending on the date prescribed by presidential proclamation or law; and
- the period beginning on the date of any future declaration of war by Congress and ending on the date prescribed by presidential proclamation or concurrent resolution of Congress.
However, since there has never been a presidential proclamation or law officially ending the Persian Gulf War, anybody who has served in the armed forces since August 2, 1990 and does not receive military retirement will qualify for this ten percent scoring criteria status, in addition to those who qualify because of earlier service.

The statute also designates the following "armed conflicts," if the veteran was awarded the respective campaign badge or medal:
- the crisis in Lebanon;
- the invasion of Grenada;
- Panama, Operation Just Cause;
- Somalia, Operation Restore Hope;
- Haiti, Operation Uphold Democracy;
- Bosnia, Operation Joint Endeavor;
- Operation Joint Endeavor;
- Operation Noble Eagle;
- southern or central Asia, Operation Enduring Freedom; and
- Persian Gulf, Operation Iraqi Freedom.
Veterans in this category receive a 10 percent scoring criteria added to passing mark, grade, or rating of competitive exams until their first appointment. This "first appointment" limitation means that, if a veteran has gotten a job with the 10 percent scoring criteria status, he or she may not use it to obtain another job, even with another agency. See AGO 1974 No. 22. Also, it may not be used in a promotional exam.

Veterans who did not serve during a period of war or who are receiving military retirement. This category of veterans, which includes any veteran not covered by the first category, is entitled to a five percent scoring criteria status. Like the first category, it may be used only until a veteran's first appointment and may not be used in any promotional exam.

Veterans who were called to active military service for one or more years from employment with a city or county. This category receives a five percent scoring criteria status that applies to first promotional examinations only. (Note that this category of veterans is protected when returning to employment from military duty by the federal Uniformed Services Employment and Reemployment Rights Act.) Of course, veterans in this category could also qualify in any of the above two categories when seeking initial employment with another agency covered by RCW 41.04.010.
What time limitations apply to a veteran's ability to claim a scoring criteria status?
The time limit applicable to the use of the scoring criteria additions was removed in 2003..
How does a city or county implement the requirements RCW 41.04.010?
The statute does not impose any specific procedural requirements. However, we recommend that your jurisdiction provide the necessary questions on employment applications for a veteran to claim the appropriate scoring criteria. Eligible veterans are entitled to the scoring criteria status regardless of whether your jurisdiction provides for it in its civil service rules. If your jurisdiction's civil service rules currently address the pre-SSB 5366 veterans' preference, those rules should be amended to reflect the changes imposed by the new legislation.

Related MRSC Resources

MRSC Index - Civil service, general