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Ordinance 2432WSS:jt 5/22/84 ORDINANCE NO. 2432 AN ORDINANCE OF THE CITY OF EDMONDS, WASHING - TON, REPEALING CHAPTER 10.25 RELATING TO THE CIVIL SERVICE COMMISSION AND ITS POWERS AND DUTIES AND ENACTING IN ITS PLACE A SYSTEM FOR CIVIL SERVICE EMPLOYMENT AND FIXING A TIME WHEN THE SAME SHALL BE EFFECTIVE. WHEREAS, the City of Edmonds has adopted in Chapter 10.25 of the Edmonds City Code a civil service structure for its police and fire employees incorporating the provisions of RCW 42.08 and 42.12, and WHEREAS, the City desires to enact a new system, conforming to its former system and in substantial compliance with state statute, and WHEREAS, the City desires its civil service system to exclude its Chief of Police in order to place the Police Chief in a closer managerial relationship with its Mayor, to strengthen managerial control within the Police Department and to bring the position more in line with the structure of the duties of its other department heads, and WHEREAS, it is the City's intention and desire that such amendment be accomplished without affecting the substan- tial compliance of its civil service system with state law, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 10.25 is hereby amended by its repeal and the enactment of a new Chapter 10.25 to read as follows: 10.25.010 CIVIL SERVICE COMMISSION CREATED, APPOINTMENT, TERMS, REMOVAL AND QUORUM. There is created in the city a civil service commission which shall be composed of three persons. The members of such commission shall be appointed by the mayor; provided, that the members of the civil service commission consti- tuted pursuant to the Edmonds City Code chapters repealed at the enactment of this ordinance shall be the initial commissioners of the newly created civil service commis- sion and shall continue in office until the term of their original appointment expires. The members of such commission shall serve without compensation. No person shall be appointed a member of such commission who is not a citizen of the United States, a resident of such city for at least three years immediately preceding such appointment, and an elector of the county wherein he resides. Except for the initial commission, the term of office of such commissioners shall be for six years. Any member of such commission may be removed from office for incompetency, incompatibility or dereliction of duty, or malfeasance in office, or other good cause; provided, however, that no member of the commission shall be removed until charges have been preferred, in writing, due notice and a full hearing had. The members of such commission shall devote due time and attention to the performance of the duties hereinafter specified and imposed upon them by this chapter. Two members of such commission shall constitute a quorum and the votes of any two members of such commission concurring shall be sufficient for the decision of all matters and the transaction of all business to be decided or transacted by the commission under or by virtue of the provisions of this chapter. Confirmation of the appointment or appointments of commissioners by the City Council shall be required. 10025.020 ORGANIzATION OF COMMISSION - POWERS AND DUTIES — SECRETARY. A. Immediately after appointment, the commission shall organize by electing one of its members chairperson and hold regular meetings at least once a month, and such additional meetings as may be required for the proper discharge of their duties. It shall be the duty of the civil service commission: �M 1. To make suitable rules and regulations to implement this chapter which are not incon- sistent with the provisions thereof. Such rules and regulations shall provide in detail the manner in which examinations may be held, and appointments, promotions, transfers, reinstatements, demotions, suspensions and discharges shall be made. The rules and regulations and any amend- ments thereof shall be reproduced for free public distribution. 2. All tests shall be practical and shall consist only of subjects which will fairly determine the capacity of persons examined to perform duties of the position to which appointment is to be made, and may include tests of physical fitness and/or of manual skill; 3. The rules and regulations adopted by the commission shall provide for a credit of ten percent in favor of all applicants for appointment under civil service, who, in time of war, or in any expedition of the armed forces of the United States, have served in and been honorably discharged from the armed forces of the United States, including the army, navy, and marine corps and the American Red Cross. These credits apply to entrance examinations only; 4. The commission shall make investigations concerning and report upon all matters touching the enforcement and effect of the provisions of this chapter, and the rules and regulations prescribed hereunder; inspect all institutions, departments, offices, places, positions and employments affected by this chapter, and ascertain whether this chapter and all such rules and regulations are being obeyed; 5. Such investigations may be made by the commission or by any commissioner desig- nated by the commission for that purpose. Not only must these investigations be made by the commission as aforesaid, but the commission must make like investigation on petition of a citizen, duly verified, stating that irregularities or abuses exist, or setting forth in concise lan- guage, in writing, the necessity for such - 3 - investigation. In the course of such investigation, the commission or designated commissioner, or chief examiner, shall have the power to administer oaths, subpoena and require the attendance of witnesses and the production by them of books, papers, docu- ments and accounts appertaining to the investigation and also to cause the deposi- tion of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the superior court; and the oaths administered by a superior court judge in his judicial capacity; and the failure upon the part of any person so subpoenaed to comply with the provisions of this section shall be deemed a violation of this chapter and punishable as such; 6. All hearings and investigations before the commission, or designated commissioner, or chief examiner, shall be governed by this chapter and by rules of practice and proce- dure to be adopted by the commission, and in the conduct thereof neither the commis- sion, nor designated commissioner shall be bound by the technical rules of evidence. No informality in any proceedings or hearing, or in the manner of taking testi- mony before the commission or designated commissioner, shall invalidate any order, decision, rule or regulation made, approved or confirmed by the commission; provided, however, that no order, decision, rule or regulation made by any designated commis- sioner conducting any hearing or investiga- tion alone shall be of any force or effect whatsoever unless and until concurred in by at least one of the other two members; 7. To hear and determine appeals or complaints respecting the administrative work of the personnel department, the rejection of an examination and such other matters as may be referred to the commission pursuant to the duties outlined in subsection 1 of this section; 8. Establish and maintain in card or other suitable form a roster of employees covered by civil service; - 4 - 9. Provide for, formulate and hold competitive tests to determine the relative qualifica- tions of persons who seek employment in any class or position and as a result thereof establish eligible lists for the various classes of positions as established by the city, and to provide that employees laid off because of curtailment of expenditures, reduction in force, and for like cause, head the list in the order of their seniority, to the end that they shall be the first to be reemployed; 10. When a vacant position is to be filled, to certify to the appointing authority, on written request, the name of the three persons highest on the eligible list for the class. If there are no such lists, the commission shall make provision in their rules for provisional or temporary appoint- ments for such positions. Such temporary or provisional appointment shall not exceed a period of six months in duration but may be extended for up to an additional six months if for any reason it cannot be determined at the expiration of the intial appointment that the position being filled by temporary or provisional appointment will in fact be vacant, such as in the instance of a position vacant due to an officer on disability leave under the LEOFF Act, or for other good cause which in the discretion of the commission warrants an additional extension of such a provisional or temporary appointment; 11. Keep such records as may be necessary for the proper administration of this chatper. B. The personnel department through the director or the director's designee shall perform the duties of, and serve as, the civil service commission secretary and chief examiner. The duties of the secretary and chief examiner shall be to keep the records of the commission, preserve all reports made to it, superintend and keep a record of all examinations held under its direction, and perform such other duties as the commission may prescribe. - 5 - 10.25.030 PERSONS INCLUDED - COMPETITIVE EXAMINATIONS - TRANSFERS, DISCHARGES AND REINSTATEMENTS. The provisions of this chapter shall include all full time, fully commissioned officers of the city's police and/or fire departments except for the positions of police chief and fire chief who because of the nature of their positions shall serve in that position as other city department heads and assistants. All clerical, dispatchers, fire inspectors, mechanics and other employees of either the police department or fire department who are not fully paid commissioned police officers or firefighters are excluded from coverage under this chapter. The position of civil service secretary and chief examiner shall not be a civil service position. All appointments to and promotions covered by this chapter shall be made solely on merit, efficiency and fitness, which shall be ascertained by open competitive examination and impartial investigation. No person shall be reinstated in or transferred, suspended or discharged from any such place, position, or employment contrary to the provisions of this chapter. 10.250040 EXISTING POSITIONS BLANKETED UNDER CIVIL SRRVTCR _ For the benefit of the public service and to prevent delay, injury or interruption therein by reason of the enactment of this chapter, all persons having completed probation and in the police or fire department subject to civil service coverage as defined in section 10.25.030 are hereby declared permanently appointed under civil service to the offices, places, positions or employments which they shall then hold respectively, and not on probation; and every such person is hereby automatically adopted and inducted permanently into civil service, into such office, place, position or employment which such person then holds. 10.25.050 QUALIFICATIONS OF APPLICANTS. An applicant for a position of any kind under civil service must be a citizen of the United States of America who can read and write the English language. An applicant for a position of any kind under civil service must be of an age suitable for the position applied for, in ordinary good health, of good moral character and of temperate and industrious habits; these facts to be ascertained in such manner as the commission may deem advisable. 10.25.060 TENURE OF EMPLOYMENT - GROUNDS FOR DISCHARGE, REDUCTION OR DEPRIVATION OF PRIVILEGES. The tenure of everyone holding an office, place, posiiton or employment under the provisions of this chapter shall be only during good behavior and any such person may be removed or discharged, suspended without pay, demoted, or reduced in rank, or deprived of vacation privileges or other special privileges for any of the following reasons: A. Incompetency, inefficiency or inattention to or dereliction of duty; B. Dishonesty, intemperance, immoral conduct, insubordi- nation, discourteous treatment of the public, or a fellow employee or any other act of omission or commission tending to injury the public service; or any other willful failure on the part of the employee to properly conduct himself; or any willful violation of the provisions of this chapter or the rules and regulations to be adopted hereunder; C. Mental or physical unfitness for the position which the employee holds; D. Dishonest, disgraceful, immoral or prejudicial conduct; E. Drunkenness or use of intoxicating liquors, narcotics or any other habit forming drug, liquid or preparation to such extent that the use thereof interferes with the efficiency or mental or physical fitness of the employee, or which precludes the employee from properly performing the function and duties of any position under civil service; F. Conviction of a felony, or a misdemeanor, involving moral turpitude; G. Any other act or failure to act which in the judgment of the civil service commissioners is sufficient to show the offender to be an unsuitable and unfit person to be employed in the public service. 10.250070 PROCEDURE FOR REMOVAL, SUSPENSION, DEMOTION OR DISCHARGE - INVESTIGATION —HEARING - APPEAL. No person in the classified civil service who shall have been permanently appointed or inducted into civil service under provisions of this chapter shall be removed, sus- pended, demoted or discharged except for cause, and only upon written accusation of the appointing authority or any citizen or taxpayer; a written statement of which accusa- - 7 - tion, in general terms, shall be served upon the accused, and a duplicate filed with the commission. Any person so removed, suspended, demoted or discharged may, within ten days from the time of his removal, suspension, demotion or discharge, file with the commission a written demand for an investigation whereupon the commission shall conduct such investigation. The investigation shall be confined to the determination of the question of whether such removal, suspension, demotion or discharge was or was not made for political or religious reasons, and was or was not made in good faith for cause. After such investiga- tion, the commission may affirm the removal, or if it shall find that the removal, suspension or demotion was made for political or religious reasons, or was not made in good faith for cause, shall order the immediate reinstatement or reemployment of such person in the office, place, position or employment from which such person was removed, suspended, demoted or discharged; which reinstatement shall, if the commission so provides in its discretion, be retroactive, and entitle such person to pay or compensation from the time of such removal, suspension, demotion or discharge. The commission, upon such investigation in lieu of affirming the removal, suspension, demotion or discharge by directing a suspen- sion, without pay, for a given period, and subsequent restoration to duty, or demotion in classification grade, or pay; the findings of the commission shall be certified in writing to the appointing power, and shall be forthwith enforced by such officer. All investigations made by the commission pursuant to the provisions of this section shall be had by public hearing, after reasonable notice to the accused of the time and place of such hearing, at which hearing the accused shall be afforded an opportunity of appearing in person and by counsel, and presenting his/her defense. If such judgment or order be concurred in by the commission or a majority thereof, the accused may appeal therefrom to the court of original and unlimited jurisdiction in civil suits of the county wherein he resides. Such appeal shall be taken by serving the commission, within thirty days after the entry of such judgment or order, a written notice of appeal, stating the grounds thereof, and demanding that a certi- fied transcript of the record and all papers on file in the office of the commission affecting or relating to such judgment or order, be filed by the commission with such court. The commission shall, within ten days after the filing of such notice, make, certify and file such transcript with such court. The court of original and unlimited jurisdiction in civil suits shall thereupon proceed to hear and determine such appeal in a summary manner; provided, however, that such hearing shall be confined to the determination of whether the judgment or M:M order of removal, discharge, demotion or suspension made by the commission was or was not made in good faith for cause, and no appeal to such court shall be taken except upon such ground or grounds. I0.25.080 RIGHT TO RETURN Tb CIVIL SEAVICE POSITION. Whenever a person who has been permanently appointed or inducted into the civil service is promoted or otherwise transferred from a civil service position to a noncivil service position, such person, upon being demoted or otherwise transferred out of the noncivil service posi- tion, shall, unless waived, have the right to return to the civil service posiiton and rank held at the time of transfer to the noncivil service position. 10.25.0'90 FILLING OF'VACANCIE5 - PROBATIONARY PERIOD. Whenever a position in the classified service becomes vacant, the appointing authority, if it desires to fill the vacancy, shall make requisition upon the commission for the names and addresses of the persons eligible for appointment thereto. The commission shall certify the names of the three persons highest on the eligible list for the class to which the vacant position has been allo- cated, who are willing to accept employment. If there is no eligible list for the class, the commission shall either establish such a list as provided in this chapter or otherwise determine what list shall be deemed appro- priate for such class. The commission shall then certify the names of the three persons standing highest on the list. If more than one vacancy is to be filled, an addi- tional name shall be certified for each additional vacancy. The appointing authority shall, after review of the persons so certified, appoint one person to each such vacant position. If any person certified by the commis- sion is removed from the list or otherwise requests to not be considered for appointment, the commission shall forth- with certify the next highest person on the list to replace those removed. The commission, in their rules, shall establish a procedure for removal of names from the eligibility list either prior to or subsequent to certification to the appointing authority. Whenever requisition is to be made, or whenever a position is held by a temporary appointee and an eligible list for the class of such position exists, the commission shall forthwith certify the names of the persons eligible for appointment to the appointing power, and the appointing power shall appoint one person so certified, provided they are found to in fact be qualified, to the position. =01M To enable the appointing authority to exercise a choice in the filling of positions, no appointment, employment or promotion in any position in the classified service shall be deemed complete until after the expiration of a period of one year probationary service, as shall be provided in the rules of the civil service commission during which the appointing power may terminate the employment of the person certified to him/her, if during the performance test thus afforded, upon observation or consideration of the performance of duty, the appointing authority deems him/her unfit or unsatisfactory for service in the depart- ment, whereupon the appointing authority shall designate one of the persons certified as standing within the next three persons highest on any such list. Such persons shall likewise enter upon the duties until some person is found who is deemed fit for appointment, employment or promotion for the probationary period provided therefor, whereupon the appointment, employment or promotion shall be deemed to be complete. The commission shall provide a procedure in their rules for extending probations for up to an additional six months if requested by the appointing authority. 10.25.100 POWER TO CREATE OFFICES, MAKE APPOINTMENTS AND FIX SALARIES NOT INFRINGED. All offices, places, classifications, job descriptions, positions and employments coming within the purview of this chapter shall be created by the mayor and city council or mayor or whoever otherwise is vested with power and authority to select, appoint, or employ any person coming within the purview of this chapter, and nothing contained in this section shall infringe upon the power and authority of any such person or group of persons, or appointing authority, to fix the salaries and compensation of all employees employed hereunder. 10,25.110 ENFORCEMENT BY CIVIL ACTION LEGAL COUNSEL. It shall be the duty of the commission to begin and conduct all civil suits which may be necessary for the proper enforcement of this chapter and of the rules of the commission. The commission shall be represented in such suits by the chief legal officer of the city, or his/her designee, but the commission may in any case be repre- sented by special counsel appointed by it. 10025.120 DECEPTIVE PRACTICES, FALSE MARKS, ETC., PROHIBITED. No commissioner or any other person, shall, by himself or in cooperation with one or more persons, defeat, deceive, or obstruct any person in respect of his right of examina- - 10 - tion or registration according to the rules and regula- tions of this chapter, or falsely mark, grade, estimate or report upon the examination or proper standing of any person examined, registered or certified pursuant to the provisions of this chapter, or aid in so doing, or make any false representation concerning the same, or concern- ing the person examined, or furnish any person any special or secret information for the purpose of improving or injuring the prospects or chances of any person so examined, registered or certified, or to be examined, registered or certified or pursuade any other person, or permit or aid in any manner any other person to personate him, in connection with any examination or registration of application or request to be examined or registered. 10,25.130 PENALTY - JURISDICTION. Any person who shall willfully violate any of the provi- sions of this chapter shall be deemed guilty of a misde- meanor, and upon conviction thereof, shall be punished by a fine of not more than one hundred dollars and by imprisonment in the county jail for not longer than thirty days, or by both such fine and imprisonment. 10.25.140 DEFINITIONS. As used in this chapter, the following mentioned terms shall have the following described meanings: A. "Appointing authority or power" includes every person or group of persons who, acting singly or in conjunc- tion, as a mayor, mayor's designee, council or other- wise, is or are invested with power and authority to select, appoint, or employ any person to hold any office, place, position or employment subject to civil service. B. "Appointment" includes all means of selection, appointing or employing any person to hold any office, place, position or employment subject to civil service. C. "Commission" means the civil service commission herein created, and "commissioner" means any one of the three commissioners at that commission. D. "Full paid fire department" or "full paid firefighter" means that the officers and firemen employed in such are paid regularly by the city and devote their whole time to firefighting and fire prevention activities and emergency medical services. E. "Full paid police department" or "full paid police officer" means that the officers and policement employed in such are paid regularly by the city and devote their whole time to police duty. 10025,150 SEVERABILITY. If any section, subsection, subdivision, sentence, clause or phrase of this chapter shall for any reason be held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. 10.2'5.160 APPLICABILITY. The examination and eligibility provisions of this chapter and establishment of positions covered by civil service by the provisions of this chapter shall be effective for all appointments made after the effective date of the ordinance codified in this chapter. .......... . Section 2. This ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law. APPROVED: MAY ARR AU TEN ATTEST/AUTHENTICATED: IT CLERK, JACQUELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BYE FILED WITH TH CITY CLERK: May 25, 1984 PASSED BY THE CITY COUNCIL: May 29, 1984 POSTED: May 31, 1984 EFFECTIVE DATE: June 5, 1984 ORDINANCE NO. .2432— - 12 - AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ) ) ss: COUNTY OF SNOHOMISH ) JACQUELINE G. PARRETT , being first duly sworn on oath deposes and says that _he is over the age of eighteen (18) years and is competent to testify as to the matter stated herein. There is no official newspaper or other newspaper printed and published within the City. the 31 day of May In accordance with RCW 35A.12.160, on , 1984, affiant posted true and correct copies of the attached Ordinance No. 2432, passed by the City Council on the 29 day of May , 1984, at the official posting places for City notices which are the public bulletin boards at the following locations: Edmonds Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Public Library Civic Center, 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Branch of United States Post Office 201 Main Street Edmonds, Washington 98020 DATED this 31 day of May 1984. i "§ xzr-v'�— SUBSCRIBED AND SWORN to before me this 31 day of May 19 84. No ary Publi in and fcr the S ate of Washington, resid-ing at e ��I