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Ordinance 36980006.90000 WSS /gjz 8/15/08 ORDINANCE NO. 3698 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF ECDC 10.25.020(A)(9) AND 10.25.090(B) IN ORDER TO CLARIFY THE NUMBER OF POSITIONS TO BE REPORTED ON AN ELIGIBILITY LIST UNDER BOTH ANNUAL AND CONTINUOUS TESTING PROCESSES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council has previously authorized the use of the Rule of Five for initial appointments to Civil Service as well as the use of continuous testing processes, and WHEREAS, a continuous testing process provides a far larger number of names and there is little, if any, statistical difference between the qualifications of the top ten or 10% of individuals on an eligibility list, and WHEREAS, the City may incur significant expenses on background and other checks on individuals and therefore, wishes to be as efficient as possible in the extension of offers within Civil Service, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. ECDC 10.25.020(A)(10) relating to the filling of vacant positions is hereby amended to read as follows: {WSS703245.DOC;1 /00006.900000/} - I - 10.25.020 Organization of commission -- powers and duties --secretary. a 10. When a vacant position is to be filled, to certify to the appointing authority on written request, the name of the individuals highest on the eligible list for the class and the numbers provided for in this chapter. If there are no such lists, the Commission shall make the provision in their rules for provisional or temporary appointments for such positions. Such temporary or provisional appointments 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 that the expiration of the initial 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. Section 2. ECDC 10.25.090 Filling of vacancies - probationary period, Sections (A) and (B) are hereby amended to read as follows: 10.25.090 Filling of vacancies - probationary period. A. Original appointment to department. Whenever a vacancy exists, or upon the request of the appointing authority, the Commission shall certify the names of the persons highest on the eligibility list who are willing to accept appointments in the following numbers: 1. For lists developed through internal testing on an annual basis, the names of the five persons highest on the applicable eligibility list for the class. 2. In the continuing testing process is the names of either the top ten individuals or the top 10 %, whichever is greater. Promotion appointments. Whenever the appointing authority determines that a vacancy shall be filled by a promotional {WSS703245.DOC;1/00006.900000/} - 2 - appointment, the Commission shall certify from the appropriate eligibility list names as follows: 1. For each and every police officer position above the rank of second class police officer, the commission shall certify the three highest names on such list, from which the appointing authority may appoint any one. 2. For each and every position above the rank of fire lieutenant in the fire department, the Commission shall certify the three highest names on such list, from which the appointment authority may appoint anyone. 3. For all positions in the fire department including or below the rank of fire lieutenant, the Commission shall certify the highest name on the eligibility list. 4. For all other employee and non - commissioned positions covered by Civil Service, the Commission shall certify the three highest names on the eligibility list. 5. Nothing herein shall obligate the appointment authority to fill any position. Section 3. Effective Date. 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 an approved summary thereof consisting of the title. APPROVED: MA OR ly RY HAAKENSON ATTEST /AUTHENTICATED: C TY CLERK, SANDRA S. CHASE {WSS703245.DOC;1/00006.900000/} - 3 - APPROVED AS TO FORM: OFFICE OF THE C Y ATTORNEY: BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: 09/12/08 PASSED BY THE CITY COUNCIL: 09/16/08 PUBLISHED: 09/21/08 EFFECTIVE DATE: 09/26/08 ORDINANCE NO. 3698 {WSS703245.DOC;1/00006.900000/} - 4 - SUMMARY OF ORDINANCE NO. 3698 of the City of Edmonds, Washington On the 16th day of September, 2008, the City Council of the City of Edmonds, passed Ordinance No. 3698. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF ECDC 10.25.020(A)(9) AND 10.25.090(B) IN ORDER TO CLARIFY THE NUMBER OF POSITIONS TO BE REPORTED ON AN ELIGIBILITY LIST UNDER BOTH ANNUAL AND CONTINUOUS TESTING PROCESSES, AND .FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 17th day of September, 2008. ITY CLERK, SANDRA S. CHASE (WSS703245.DOC;1/00006.900000/) - 5 - Affidavit of Publication STATE OF WASHINGTON; COUNTY OF SNOHOMISH } S.S. The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of IZECEI�TED OCT 0 2 2008 EDMONDS CfT'Y CLERK Account Name: City of Edmonds and that said regularly distributed to its subscribers during all of said period. Subscribed and sworn to before me this 22nd day of September, 2008 Notary Public in and for thg�State of County. \ / Account Number: 101416 JV 'r UBv 1A MA 0001613794 THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal SUMMARY OF ORDINANCE N0 :3698 o the Ry o Ed s as conic; On the 16th day of Septernbet,`2008 the:City Council newspaper b order of the Superior Court of Snohomish County and that the notice Y P ty of {i the City' of Edmonds, passed O' dinance No 3698: Asum- !' mary' of the content of said otg('Jance, consisting of the title, provides NANC ws > AN ORDINANCE OF THE CITY OF EDMONDS, WASHING - - Summary of Ordinance No. 3698 1 TON, AMENDING THE- PROVISIONS OF ECD 10.25.020 A ((9) AND 16.25 090(B) IN ORDER TO CLARIFY THE NUM, OF POSIT16NS'TO Amending Provisions BE REPORTED ON AN ELIGIBILITY: LIST UNDER BOTH ANNUAL AND CONTINU- OUS TESTING PROCESSES, AND FIXING A TIME WHEN THE SAME SHALL BECOME' EFFECTIVE. ' The full text of this Ordinagcg will be mailed: upon request: DATED 4his 17th day of Sebtemtier 2008: CITYCLERK; SANDRA S. CHASE Publish ed: September 2l zoos. a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: September 21, 2008 IZECEI�TED OCT 0 2 2008 EDMONDS CfT'Y CLERK Account Name: City of Edmonds and that said regularly distributed to its subscribers during all of said period. Subscribed and sworn to before me this 22nd day of September, 2008 Notary Public in and for thg�State of County. \ / Account Number: 101416 JV 'r UBv 1A MA 0001613794