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Ordinance 28160006.130.021A WSS/tcp/klt 11/30/90 ORDINANCE NO. 2816 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF THE EDMONDS CITY CODE SECTION 10.25.030 TO REMOVE THE POSITIONS OF FIRE AND POLICE CHIEF FROM CIVIL SERVICE, GRAND - FATHERING INCUMBANTS WITHIN SUCH POSITIONS, AMENDING ECC CHAPTER 2.10 TO ADD A NEW SECTIONS 2.10.060 AND .065 RELATING RESPECTIVELY TO THE POSITIONS OF FIRE AND POLICE CHIEF IN ORDER TO REQUIRE CONFIRMATION BY THE COUNCIL OF NEW APPOINTMENTS, REQUESTING THE MAYOR TO PROVIDE THE TOP THREE SECTIONS TO PERMIT COUNCIL TO REVIEW THE TOP THREE CANDIDATES PRIOR TO FORWARDING APPOINTMENT TO THE COUNCIL, DIRECTING THE PERSONNEL DIRECTOR TO INCLUDE AS A REQUIREMENT FOR CONTINUED EMPLOYMENT THAT THE PERSON SELECTED AS FIRE CHIEF HAVE A BACHELOR'S DEGREE IN PUBLIC ADMINISTRATION OR FIRE ADMINISTRATION OR OBTAIN THE SAME WITHIN FOUR YEARS OF THE DATE OF HIRE AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City of Edmonds currently has a vacancy in the position of Fire Chief; WHEREAS, the Council finds that the duties of a modern fire and police chief include significant elements of public administration, specifically duties related to the preparation of the budget and other sophisticated management requirements; WHEREAS, while the Council believes that it is fortunate to have highly skilled and knowledgable professionals in personnel and other aspects of business administration represented on its Civil Service Commission, they would rather use such professionals to advise the Council through the WSS52874O -1- candidate screening process rather than have such selection and other attributes of employment governed by Civil Service; WHEREAS, the Council finds it to be in the public interest to require confirmation of the Mayor's appointment of the police and fire chief prior to appointment, and WHEREAS, the Council, having reviewed the position of fire chief requires that certain qualifications to be included in the advertisement for such position, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1.. Pursuant to the authority delegated to the Council by the state legislature, the provisions of the Edmonds City Code, Section 10.25.030 relating to persons included within the coverage of the Edmonds Civil Service System is hereby amended to read as follows: 10.25.030 PERSONS INCLUDED --COMPETITIVE EXAMINATIONS --TRANSFERS DISCHARGES AND REINSTATEMENTS 1. Coverage. The provisions of this chapter shall include all full-time, fully commissioned officers of the City's police and or fire departments with the following exclusions: a. The positions of Fire Chief and Police Chief; b. All clerical, dispatchers, fire inspectors, mechanics, and other employees of either department who are not full paid, commissioned police officers or full paid, commissioned fire fighters; and C. The chief examiner and civil service secretary. WSS528740 -2- 2. Examinations -appointments, Reinstatement, Transfers Suspensions, or Discharge. 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 subject to the coverage of this chapter shall be reinstated in or transferred, suspended, or discharged from any such place, position, or employment contrary to the provisions of this chapter. Section 2. The Edmonds City Code Chapter 2.10 is hereby amended by the addition of sections 2.10.060 Police Chief and 2.10.065 Fire Chief, to read as follows: 2.10.060 POLICE CHIEF Pursuant to RCW 4.12.050, the position of Police Chief has been removed from Civil Service. The Police Chief shall be appointed by the Mayor subject to confirmation by majority vote of the City Council. 2.10.065 FIRE CHIEF Pursuant to RCW 41.08.050, the position of Fire Chief has been removed from Civil Service. The Fire Chief shall be appointed by the Mayor subject to confirmation by majority vote of the City Council. Section 3. The exclusion of the Police Chief from Civil Service shall not apply to the incumbant in office at the date this ordinance is passed. The position of Fire Chief is now vacant. Section 4. The City Council, in order to best exercise its confirmation power requests, and to the extent permitted by state law, directs the Mayor to permit it an opportunity to interview the top three candidates, selected by WSS52874O -3- the Mayor, prior to the Mayor's appointment and request for confirmation to the City Council. In the interest of an orderly appointment process, the Council requests the Mayor to informally consult with its members to obtain their input prior to appointment. The Council further requests that the Mayor include the members of the Civil Service Commission in the screening and interview process prior to the identification of the top three candidates in order to utilize their experience and expertize and to provide continuity from the prior Civil Service System. Nothing herein should be interpreted, by the inclusion of the Civil Service Commission Members in this process, to provide Civil Service Rights to any candidate. Section 5. The Council hereby establishes as a qualification for the position of Fire Chief the requirement that the individual selected, as a condition of continuing employment, have or obtain within four years from the date the individual takes office, a Bachelor's Degree in Public Administration or Fire Administration or equivalent degree. Section 6. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of the ordinance or a summary thereof consisting of the title. APPROVED: WSS528740 -4- ATTEST/AUTHENTICATED: T ITY CLERK, JACQUELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: January 17, 1991 EFFECTIVE DATE: January 22, ORDINANCE NO. 2816 December 3, 1990 1991 WSS52874O -5- 95545 Affidavit of Publication STATE OF WASHINGTON, s9. COUNTY OF SNOHOIVISH, ORoa E NO. 016 1 The undersigned, being first duly sworn on oath deposes and says the_ of Edmonds, Washlrs�lon that she is Principal Clerk of THE HERALD, a daily newspaper on The am day of Joouory,� of 91 the Zdnwdsy ppssedl OrdEfeioCilC No. 2616. A summo" of the printed and published in the City of Everett, County of Snohomish, cons°l"Iflngof metfle;.d s and State of Washington; that said newspaper is a newspaper of as follows: o� Ep°ipnsE w°nsHINGTHE TpfV general circulation in said County and State; that said newspaper AMEND114G ThE PROVISIONS SECOF T ONE10.7 030 TOIREMOOVE has been approved as a legal newspaper by order of the Superior THE POSITIONS OF FIRE AND POLICE CHIEF FROM CIVIL Court of Snohomish County and that the notice ............... _........... .......... .. SERVICE- FIEF FFAT CIVIL A NEW o.sws Summary of Ordinance No. 2816 Lv To ................ ............. ...................................................._.... E AND. ER TO NEW =STING ... ..................... ................... ................. ---- ..................................................... .:::...::. is To £VIEW DATES IDING.............. ............................................ ......... :................................... : ....................... ........ THE THE a copy of which is hereunto attached, was published in said R printed EMENT PLOY- newspaper proper and not in supplement form, in the regular and MSON SEE ATIA" entire edition of said paper on the following days and times, namely: OF HIRE AND FIXING A TIfJd= January17, 1991 BECOWHETHE SAME $HALL ................_............................................................................................................... ECOME EFFECTIVE.. The full fexf Gl this OrdingrKe will be mailed upon request. OATED this eth day of Jonuary. Io9UE1...........»............................................................................... JACQUELINE G. PARRETT........................................... Published: 'J nuary 17, 1991. and that said newspaper was regularly distributed to its subscribers during all of said period. i Principal Clerk Subscribed and sworn to before me this ....... 19th day of .................:.....January' ._........._......... 19....91 r..... , _. t4 r•Z .... No y Public ih an for the State of Washington, r�iT at Everett, Snohomish County. B-2-1