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Ordinance 2441WSS:jt 6/29/84 ORDINANCE NO. 2441 AN ORDINANCE OF THE CITY OF EDMONDS, WASHING - TON, AMENDING CHAPTER 10.25 OF THE EDMONDS CITY CODE RELATING TO THE CIVIL SERVICE SYSTEM BY AMENDING PROVISIONS RELATING TO THE CONFIRMA- TION OF COMMISSIONERS, THE CIVIL SERVICE SECRETARY, THE RULE OF THREE, HEARING OF APPEAL, PROBATIONARY PERIODS, EXTENSIONS OF PROBATION AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council enacted Ordinance 2432 without the benefit of the advise of its Civil Service Commission, and WHEREAS, the Civil Service Commission has reviewed the ordinance and requested amendments thereto in order that the ordinance will conform to the past established practice of the Civil Service Commission, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 10.25 is hereby amended by the repeal and enactment of a new section 10.25.010 relating to the appointment of Civil Service Commission members: 10.25.010 CIVIL SERVICE COMMISSION CREATED, APPOINTMENT, TERMS, REMOVAL AND QUORUM. There is created in the city a civil service commission which shall be composed of three persons. The members of such commission shall be appointed by the mayor; provided, that the members of the civil service commission constituted pursuant to the Edmonds City Code chapters repealed at the enactment of this ordinance shall be the initial commissioners of the newly created civil service commission and shall continue in office until the term of their original appointment expires. The members of such commission shall serve without compensation. No person shall be appointed a member of such commission who is not a citizen of the United States, a resident of such city for at least three years immediately preceding such appointment, and an elector of the county wherein he resides. Except for the initial commis- sion, the term of office of such commissioners shall be for six years. Any member of such commis- sion may be removed from office for incompetency, incompatibility or dereliction of duty, or mal- feasance in office, or other good cause; provided, however, that no member of the commission shall be removed until charges have been preferred, in writing, due notice and a full hearing had. The members of such commission shall devote due time and attention to the performance of the duties hereinafter specified and imposed upon them by this chapter. Two members of such commission shall constitute a quorum and the votes of any two members of such commission concurring shall be sufficient for the decision of all matters and the transaction of all business to be decided or transacted by the commission under or by virtue of the provisions of this chapter. Confirmation of the appointment or appointments of commissioners by the City Council shall not be required. Section 2. Chapter 10.25 is hereby amended by the repeal and enactment of a new Section 10.25.020(B) to read as follows: B. The commission shall appoint a secretary and chief examiner. It may either designate a staff member from the City's personnel department or may contract with funds provided by the City with an independent contractor to fill the position. Nothing in this section shall require hiring under civil service procedures to fill these positions nor extend civil service protection to those persons designated or contracted to serve. Section 3. Chapter 10.25 is hereby amended by the repeal and reenactment of a new Section 10.25.090 relating to filling of vacancy and probationary periods to read as follows: - 2 - 10.25.090 FILLING OF VACANCIES - PROBATIONARY PERIOD. A. Original Appointment to Department: Whenever a vacancy exists, upon the request of the appointing authority, the commission shall certify the names of the three persons highest on the applicable eligibility list for the class to which the vacant position has been allocated who are willing to accept employment. B. Promotional Appointments: Whenever the appointing authority determines that a vacancy shall be filled by a promotional appointment, the commission shall certify names from the appropriate eligibility list as follows: 1. For each and every position above the rank of police sergeant and fire lieutenant the commission shall certify the three highest names on such list, from which the appointing authority may appoint one. 2. For all positions including or below the rank of police sergeant or fire lieutenant the commission shall certify the highest name. C. Procedure to Fill Vacancies: If more than one vacancy is to be filled, an additional name shall be certified for each additional vacancy. The appointing authority shall after review of the person so certified appoint one person to each such vacant position. If any person certified by the commission is removed from the list or otherwise requests not to be considered for appointment, the commission shall forthwith certify the next highest person on the list to replace those removed. The commission in their rules shall establish a procedure for removal of names from the eligibility list either prior to or subsequent to certification to the 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 commis- sion shall forthwith certify the names of the persons eligible for appointment to the appointing power and the appointing power shall appoint one person so certified, provided they are found to be in fact qualified, to the position. - 3 - D. Probation - Extensions: To enable the appoint- ing authority to exercise a choice in the filling of promotions, no appointment, employ- ment or promotion in any position in the classified service shall be deemed complete until after the completion of a satisfactorally served probationary period. The probationary period for new employees shall be twelve months. The probationary period for persons promoted or transfered to positions with different job descriptions shall be six months. Persons re-employed who have formerly acquired permanent status in the class shall not be subject to probation. During such probationary periods the appointing power may terminate the employment of the person certified, if during the performance test thus afforded, upon observation or consideration of the performance of duty, the appointing authority deems him/her unfit or unsatisfactory for service in the department, whereupon the appointing authority shall designate one of the persons certified as standing within the next three persons highest on such list. Such person shall likewise enter upon the duties until some person is found who is deemed fit for appointment, employment or promotion for the probationary period provided therefor, whereupon the appointment, employment or promotion shall be deemed to be complete. The commission shall provide a procedure in their rules for extending probationary period of any employee for up to an additional six months if requested by the appointing authority. Section 4. Chapter 10.25 is hereby amended by the repeal and re-enactment of Section 10.25.020(A)(7) to read as follows: 7. To hear and determine appeals or complaints respecting the administrative work of the personnel department, appeals upon the allocation of positions, the rejection of an examination and such other matters as may be referred to the commission pursuant to the duties outlined in subsection 1 of this section; - 4 - Section 5. This ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law. APPROVED: 400 1UT -R."TEN ATTEST/AUTHENTICATED: XITY CLERK, JACQUELINE G. PARRETT APPROVED AS TO FORM: OFFICE THE CITY ATTORNEY: BY ak'u ::(�' -- FILED VITH THE CITY CLERK: July 5, 1984 PASSED BY THE CITY COUNCIL: July 10, 1984 POSTED: July 11, 1984 EFFECTIVE DATE: July_ 16, 1984 ORDINANCE NO. 2441 - 5 - AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ) ) ss: COUNTY OF SNOHOMISH ) ELAINE WERNER , being first duly sworn on oath deposes and says that s 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. In accordance with RCW 35A.12.160, on the llth day of July , 1984, affiant _ posted true and correct copies of the attached Ordinance No. 2441 , passed by the City Council on the loth day of July , 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 650 Main Street Edmonds, Washington 98020 Edmonds Branch of United States Post Office 201 Main Street Edmonds, Washington 98020 DATED this 17th day of -July , 1984 . SUBSCRIBED AND ,SWORN to before me this 17th day of July 19 84 No AarPublic in and for the State of Washington, residing at Edmonds