HomeMy WebLinkAboutCivil Service Commission RulesCIVIL SERVICE
RULES
City of Port Townsend, Washington
Revised November 2007
With revisions adopted through 6-6-18
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TABLE OF CONTENTS
Rule/Section Page Number
RULE 1 -DEFINITIONS .......................................................................................... l
RULE 2 - ORGANIZATION .................................................................................... 4
Section 1. Commission Created ............................................................ 4
2.Qualifications .............................................................................. 4
3.Term of Office........................................................................ 5
4.Removal ....................................................................................... 5
5.Vacancies ..................................................................................... 5
6.Quorum Requirements........................................................... 5
7.Compensation -Duties ........................................................ 5
8.Expenses ...................................................................................... 5
9.Political Affiliation ................................................................ 5
10.Election of Chair ................................................................... 5
11.Meetings....................................................................................... 5
12.Chief Examiner ...................................................................... 5
13.Commission-Duties ........................................................... 5
14.Commission Authority .......................................................... 7
15.Budget .......................................................................................... 7
16.City Assistance ...................................................................... 7
RULE 3 - GENERAL PROVISIONS ........................................................................ 8
Section 1.Appointments to be Based Upon Merit ................................. 8
2.Authority to Fix Salaries Retained ........................................ 8
3.Payroll-Certification by Commission .................................... 9
4.Enforcement ................................................................................. 9
5.Prohibited Practices ............................................................... 9
6.Political Activity.................................................................... 9
7.Violations ..................................................................................... 9
8.Severability and Relationship to the City and Police .aa4
...Fire-Department Rules and Policies ...................................... 9
RULES 4 - CLASSIFICATION ................................................................................. 10
Section 1.Classified Service Defined ..................................................... I 0
2.Classification Schedule .......................................................... 10
3.Class Specifications ................................................................ 10
4.Employees to Perform Duties of Their Proper Class ............. 11
5.Reporting Violations of Classification Regulations ............... 11
6.Reallocation ................................................................................. 11
7.Time for Filing Requests for Reallocation ............................. 11
8.Maintenance of Classification Schedule/Job Description ...... 11
9.Status of Employees Affected by Reclassification ................. 12
10.Classification Status of Employees Resulting from
Consolidation of Classes ........................................................ 13
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RULE 5 -APP LICATIONS FOR POSITIONS ........................................................ 13
Section 1. Announcement of Examinations ............................................ 13
2.Content of Announcements .................................................... 13
3.Filing of Applications ............................................................. 14
4.General Requirements for Filing Applications ...................... 14
5.Rejection of Applicants .......................................................... 14
6.Postponement and Cancellation of Examinations .................. 15
7.Rejected Applications ............................................................ 15
8.Freedom from Bias ................................................................ 15
RULE 6 - EXAMINATIONS .................................................................................... 15
Section 1. Examinations Shall be Impartial. ........................................... 15
2.Examination Process .............................................................. 16
3.Examination Administration .................................................. 16
4.Character of Examinations ..................................................... 17
5.Physical Abilities Examinations ............................................ 17
6.Medical Examinations ............................................................ 17
7.Identity of Examinees Concealed ........................................... 17
8.Rating of Examinations .......................................................... 18
9.Veteran's Credit ..................................................................... 18
10.Establishing Answer Key/Challenge to Test Answers ........... 18
11.Notification of Results/Errors in Scoring .............................. 19
12.Time Interval .................................................................. 19
13. Retention...................................................................................... 19
14. Continuous Testing ................................................................ 19
RULE 7 - SUBSCRIPTION SERVICE TESTING SERVICES ............................... 20
1.Subscription Testing Services Authorized ............................. 20
2.Subscription Testing Services Defined .................................. 20
3.Process Verification ............................................................... 20
4.Certification ................................................................................. 20
5.Additional Testing ................................................................. 21
RULE 8 - EMPLOYMENT LISTS ....................................................................... 21
Section 1. Establishment of Lists ............................................................ 21
2.Duration of Lists .................................................................... 23
3.Removal of Names ................................................................. 23
4.Restoration of Names to Eligible Lists .................................. 24
5.Availability of Eligibles ......................................................... 24
RULE 9 -APPOINTMENTS, PROMOTIONS, AND TRANSFERS ...................... 24
Section 1.Appointment ................................................................................ 24
2.Certification ................................................................................. 25
3.Probation ...................................................................................... 26
4.Provisional Appointment ....................................................... 27
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5.Appointments to Vacancies Resulting from Regular
Employees on Indefinite Military Leave of Absence ............ 27
6.Appointments to Vacancies Resulting from Regular
Employees on Leave of Absence Without Pay for
One Year ................................................................................ 27
7.Transfers ...................................................................................... 27
8.Acceptance of Provisional Appointment ............................... 28
9.Emergency Appointment ........................................................... 28
10.Part-Time (Extra Help) Appointments .................................. 28
11.Temporary Appointments ...................................................... 28
12.Disability Appointments ........................................................ 28
13.Appointment to Exempt Positions and Return to Classified
Positions ....................................................................................... 28
14.Appointment of Classified Employee to a Position Outside
of the Employee's Present Career Track ............................... 29
15.Seniority ....................................................................................... 29
16.Leaves of Absence ................................................................. 29
RULE 10 -TENURE, DEMOTION, SEPARATION, SUSPENSION .................... 30
Section 1. Tenure of Office .................................................................... 30
2.Employee Conduct Generally ................................................ 31
3.No Removal, Suspension, or Demotion Except for
Cause ............................................................................................ 31
4.Causes Enumerated ................................................................ 31
5.Reduction of Force ................................................................ 32
6.Demotion ...................................................................................... 32
7.Dismissal ...................................................................................... 32
RULE 11 -INITIAL EVALUATION ....................................................................... 33
Section 1. Initial Evaluation Period ........................................................ 33
2.Termination of Probationary Employees ............................... 33
RULE 12 -APPEALS ........................................................................................... 34
Section 1. Bargaining Unit Agreements; Election of Remedies ............. 34
2.Allocation Appeals ................................................................ 34
3.Appeal from Removal, Suspension, and Demotion .............. 35
4.Appeals from Examination .................................................... 35
5.Appeal from Removal from Employment List ...................... 36
6.Appeal from Examination Rejection ..................................... 36
7.Appeal from Physical Abilities Testing or
Psychological/Medical Examinations ....................................... 37
8.Hearings Officer .................................................................... 37
9.Single Commissioner May Investigate or Conduct
Hearing ......................................................................................... 38
10. Notice of Hearings ................................................................. 38
11. General Hearings Procedure .................................................. 38
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12. Specific Procedures ............................................................... 39
13. Disposition ............................................................................ 41
14. Records .................................................................................. 42
15. Appeal from Commission Decision ..................................... 42
RULE 13 -INVESTIGATIONS ................................................................................ 43
Section 1. Investigations ........................................................................ 43
2. Investigations - Complaint -Answer ................................... 43
3. Hearing on Complaint ........................................................... 43
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GENERAL RULES AND REGULATIONS
OF THE
PORT TOWNSEND CIVIL SERVICE COMMISSION
Pertaining to Civil Service in the
PORT TOWNSEND POLICE DEPARTMENT
In accordance with the provisions of RCW 41.12 pertaining to Civil Service in Police
Departments, the Port Townsend Civil Service Commission hereby adopts the following revised
Rules for carrying out the purposes of Civil Service for Police Department personnel:
These Rules may be changed or amended by the Commission periodically.
RULE 1 - DEFINITIONS
The following definitions shall govern the terms used in these Rules.
1. ALLOCATE shall mean the act of assigning each position to its proper class.
2. APPOINTING AUTHORITY shall mean the following:
For Police Department positions other than Chief, the appointing authority shall
be the Police Chief who is invested by law with power and authority to select,
appoint, or employ any Police Officer, or other necessary employees subject to
Civil Service with the concurrence of the City Manager.
3. APPOINTMENT includes all means of selecting, appointing, or employing any person
to any office, place, position, or employment subject to Civil Service.
4. CAREER TRACK means a grouping of classifications which the Commission
determines have the same general area of concern or responsibility.
5. CERTIFY shall mean the act of the Commission in supplying an Appointed Authority
with the names of applicants who are eligible for appointment to the class and positions
in the classified service for which certification is requested.
6. CITY means the City of Port Townsend, in the State of Washington.
7. CLASS OR CLASSIFICATION shall mean a position or group of positions having
similar duties and responsibilities, requiring similar qualifications, which can be properly
designated by one title indicative of the nature of the work and which carry the same
salary range.
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8. COMMISSION means the Port Townsend Civil Service Commission as provided in
these Rules and RCW 41.12.
9. COMMISSIONER means any one of three members of such Commission.
10. CONTINUOUS SERVICE shall mean employment in the classified service as a regular
or initial evaluation employee which is uninterrupted except for authorized leave of
absence or separation due to layoff; however, time lost due to layoff or suspension shall
not be included in the determination of length of continuous service.
11. DEMOTION shall mean the assignment of an employee from a position in one class to a
position in a lower class, within the same career track, having a lower maximum salary
rate, or a reduction in salary to a lower step in the same salary range.
12. ELIGIBLE shall mean a person listed on an active employment list after satisfactorily
passing a duty related examination.
13. EMERGENCY EMPLOYEE shall mean any employee whose services are required to
meet the immediate requirements of emergency conditions whenever due to lack of time
or otherwise it is impossible to secure the services of persons through the Civil Service
Commission.
14. EMPLOYEE means any classified person regularly employed in the office of the Port
Townsend Police Department either on a part-time or full-time basis.
15. EMPLOYMENT LIST shall mean a list of all persons who have qualified for a conditional
job offer to positions within a certain class under the provisions of these Rules, and who have
not yet been appointed to such class and who have not been removed from such list in
accordance with these Rules.
16. FILING shall mean delivery to the Chairperson or Secretary of the Civil Service Commission
at the City Clerk’s office. An item received through the mail shall be considered filed on the
date actually received by the Chairperson or Secretary of the Civil Service Commission.
Filing by FAX transmittal followed by actual receipt of originals is permissible except where
the item or items being filed require receipt of a fee, such fee must be delivered on or before
any required filing date.
17. LATERAL EMPLOYMENT LIST shall mean a list of all persons who have qualified for
conditional job offer to positions within a certain class under the provisions of these rules for
lateral entry and who have not yet been appointed to such class and who have not been
removed from such list in accordance with these rules
18. LAY OFF means separation from the classified service because of lack of funds or work and
without cause on the part of the employee.
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19. ORIGINAL APPOINTMENT shall mean a regular appointment from an employment list to
a position in the classified service.
20. PART TIME POSITION shall mean a position in which the employee regularly works less
than eighty (80) hours a month.
21. POSITION means an office of employment whether part-time or full-time, temporary or
regular, occupied or vacant, composed of specific duties. As used in these Rules, the term has
no application to volunteers.
22. INITIAL EVALUATION shall mean a period, established under the applicable collective
bargaining agreement, during which an appraisal of an employee’s skills, aptitudes, and
adjustments are made prior to regular appointment in that position.
23. INITIAL EVALUATION EMPLOYEE shall mean any employee who is serving a an
initial evaluation period, in accordance with the applicable collective bargaining unit
agreement, prior to being approved for retention as a regular employee upon satisfactory
completion of probation.
24. PROMOTION shall mean the assignment of an employee to a position in a higher class
within the same career track having a higher maximum salary than the position from which
the assignment is made.
25. PROMOTIONAL LIST shall mean an employment list established by a promotional
examination.
26. PROVISIONAL APPOINTMENT means a non-competitive appointment made for a period
of not more than four months in any one year, to fill a classified position, pending the
establishment of an employment list for the class.
27. PROVISIONAL EMPLOYEE shall mean any employee filling a provisional appointment
position.
28. QUALIFICATION shall mean an applicant for any position subject to these Rules under
civil service must be a citizen of the United States or a lawful permanent resident who can
read and write the English language and shall mean the knowledge, skills, abilities, and traits
identified by the Appointing Authority and approved by the Commission.
29. REGULAR EMPLOYEES means employees whose retention has been approved in writing
at the satisfactory completion of their initial evaluation period in that position.
30. RESIGNATION means the termination of employment of an employee at the request of the
employee, in writing to the Appointing Authority.
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31. SUSPENSION means an enforced absence without pay for disciplinary purposes, or pending
further investigation of charges made against an employee when the Appointing Authority has
reason to believe serious misconduct has been committed which may be found to warrant
discharge when further investigation is completed.
32. TEMPORARY APPOINTMENT means an assignment of limited duration due to special
projects, abnormal work loads, vacancies or emergencies. Temporary employees are not
eligible for city benefits.
33. TRANSFER shall mean the assignment of an employee from one position to another position
for which prior eligibility has been established, having similar duties within the same class
and within the same minimum and maximum salary, as the position from which assignment is
made.
34. VACANCY shall mean a position existing or newly created, which is not occupied, and for
which funds are available.
RULE 2 - ORGANIZATION
Section 1. Commission Created. There is hereby a Civil Service Commission composed of three
members who shall be appointed by the Mayor and confirmed by the City Council.
Section 2. Qualifications. No person shall be appointed to the Commission who is not a citizen of
the United States, a resident of the City for at least three years immediately preceding their
appointment, and an elector of the County.
Section 3. Term of Office. The Commissioners appointed shall serve for three years. Each
member shall continue to hold office after the expiration of the member’s term until a successor has
been appointed.
Section 4. Removal. Any member of the Commission may be removed from office by the Mayor
for incompetency, incompatibility, or dereliction of duty, or malfeasance in office, or other good
cause. No Commissioner shall be removed unless charges have been preferred in writing and due
notice given. A full hearing shall be held before the City Council if the Commissioner contests the
charges and requests a hearing in writing directed to the City Council.
Section 5. Vacancies. Any vacancy in the Commission shall be filled for the unexpired term by
the Mayor, with confirmation by the City Council.
Section 6. Quorum Requirements. Two members of the Commission shall constitute a quorum
and the votes of any two members concurring shall be sufficient for the decision of all matters and
the transaction of all business to be decided or transacted by the Commission. The chairperson may
vote on all matters.
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Section 7. Compensation--Duties. The members of the Commission shall have clearly
demonstrated an interest and belief in the merit principles of civil service, shall serve without
compensation, shall not hold any salaried public office or engage in regular City employment other
than Commission duties, shall not have been an officer of a political party for a period of one year
immediately prior to such appointment and shall not serve in a partisan elective office during the term
to which they are appointed. Any Commissioner who elects to perform an act contrary to this section
shall be deemed to have resigned from office as a Commissioner, and to have engaged in conduct
which is incompatible under RCW 41.08, RCW 41.12.030 and these rules.
Section 8. Expenses. The members of the Civil Service Commission shall be reimbursed for
necessary expenses incurred while actually engaged in the performance of their official duties in like
manner as is provided by law for City officers.
Section 9. Political Affiliation. At the time of appointment, not more than two Commissioners
shall be adherents of the same political party.
Section 10. Election of Chair. Within 30 days of commencement of the full term of a newly
appointed member or the vacancy of the office of chairperson or vice-chairperson, the Commission
shall elect a chairperson and vice-chairperson. Thereafter, the Commission shall elect a chairperson
and vice-chairperson at the regular February meeting in each odd-numbered year.
Section 11. Meetings. The Commission shall schedule regular meetings at least once a month
unless the Chair determines there is no pending business requiring Commission action, and such
additional meetings as may be required of the Commission for the proper discharge of its duties. All
meetings will be noticed pursuant to the City’s open public meetings procedures and in compliance
with state regulations. A written public record shall be kept by the Commission of all actions of the
Commission. The Chief Examiner shall serve as Secretary.
Section 12. Chief Examiner. (RCW 41.12.040) The Commission shall appoint a Chief
Examiner, who shall also serve as secretary of the Commission, and such assistants as may be
necessary. The Chief Examiner shall keep a record of all examinations held under its discretion, and
perform such other duties as the Commission may prescribe.
Section 13. Commission--Duties. It shall be the duty of the Civil Service Commission:
(1) To make suitable Rules not inconsistent with the provisions of the Police Civil Service
Act. (RCW 41.12) Such Rules shall provide in detail the manner in which
examinations may be held, and appointments, promotions, transfers, reinstatements,
demotions, suspensions, and discharges shall be made, and may also provide for any
other matters connected with the general subject of personnel administration, and
which may be considered desirable to further carry out the general purposes of this
Act, or which may be found to be in the interest of good personnel administration.
The Rules and Regulations and any amendments thereof shall be reproduced for
public distribution. The Commission may amend these Rules, adopt supplemental
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Rules, and hold such hearings as it finds necessary to perform the duties and
responsibilities vested in it.
(2) To give practical tests which shall consist of subjects which in the judgment of the
Commission will fairly determine the capacity of persons examined to perform duties
of the position to which appointment is to be made. Such tests may include tests of
knowledge, physical fitness and manual skills, endurance, and psychological fitness
and suitability.
(3) To make investigations concerning, and report upon, all matters touching the
enforcement and effect of the provisions of the Civil Service Acts, and the Rules and
Regulations prescribed hereunder; to inspect all departments, offices, places, positions,
and employments affected by the Civil Service Act and to determine that all such
Rules and Regulations are being obeyed.
(4) To conduct hearings and investigations in accordance with RCW 41.12 and by the
rules of practice and procedure adopted by the Commission.
(5) To hear and determine appeals or complaints respecting the allocation of positions, the
rejection of an examinee, discipline of non- initial evaluation employees, and such
matters as may be referred to the Commission.
(6) To provide, formulate, and hold competitive tests to determine the relative
qualifications of persons who seek employment in any class or position and as a result
thereof, establish eligible lists for the various classes of positions, and provide that
persons laid off, or who have accepted voluntary demotion in lieu of layoff, because of
curtailment of expenditures, reduction in force, and for like causes, head the
employment list in the order of their seniority, to the end that they shall be the first to
be re-employed or reinstated in their former job class.
(7) To certify to the Appointing Authority, when a vacant position is to be filled, on
written request, the names of the five persons highest on the Employment List for the
class. If there is no such list, to authorize a provisional or temporary appointment list
for such class. Such temporary provisional appointment shall not continue for a
period longer than four months; nor shall any person receive more than one
provisional appointment or serve more than four months as provisional appointee in
any one fiscal year unless otherwise approved by the Commission.
(8) To keep such records as may be necessary for the proper administration of these
Rules.
(9) The Commission may submit periodic reports and/or recommendations regarding the
activities of the Commission pertaining to the application of merit principles in
personnel administration within the Police Department.
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Section 14. Commission Authority. The Commission has all powers vested in it under
Washington law, which shall be executed in a manner consistent with the Civil Service Acts, the
City’s Ordinances and these Rules.
(1) The Commission shall afford all parties appearing before it in a contested hearing full
opportunity to examine and cross-examine all witnesses and to present any evidence
pertinent to the dispute.
(2) In the course of an investigation or hearing, the presiding officer shall administer
oaths, and have authority to compel attendance of witnesses and production of
documents pertaining to the hearing.
(3) The Commission is not bound by the Washington Rules of Evidence, and proceedings
may be conducted with informality. The Commission will rely upon such evidence as
a reasonable person would find reliable.
(4) The decisions of the Commission shall be based solely on the record as presented in
the hearing; shall be issued within twenty (20) days of the conclusion of the hearing
unless extended by stipulation of the parties or on a written order of the Chair; and
shall be final and binding upon all parties to the dispute, subject only to appeal as
provided by law.
Section 15. Budget. The Civil Service Commission shall submit a budget to the City Manager for
each fiscal year for which an appropriation is needed to administer these rules. The budget will be
incorporated into the City Clerk’s budget fund.
Section 16. City Assistance.
All employees of the Police Department and the City Clerk’s office shall aid in all proper ways in
carrying out these Rules and related Rules as may be adopted and amended periodically, and shall
afford the Commission all reasonable facilities and assistance in inspecting all public records related
to the Commission or any Commissioner, or by the Chief Examiner acting on behalf of the
Commission.
(1) If the Commission finds that a personnel action was discriminatory or that a removal,
suspension or demotion was not taken for cause for other than a provisional or initial
evaluation employee, the Commission may order appropriate relief, including but not
limited to:
a. Cease and desist;
b. Corrective action such as referral for employment; training; immediate
reinstatement or reemployment; restoration of lost wages; restoration of lost
service time; and expungement and sealing of records.
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(2) Nothing herein shall prohibit the City and an employee or applicant from negotiating
and reaching a mutual settlement prior to Commission action.
(3) Appeals must be filed in accordance with these Rules and Washington law, and shall
not be considered filed until received in writing by the Chief Examiner in the capacity
of Secretary of the Commission.
RULE 3 - GENERAL PROVISIONS
Section 1. Appointments to be Based Upon Merit. All appointments and promotions to positions
in the classified service shall be made solely on merit, efficiency, and fitness, which shall be
ascertained by open competitive examination and impartial investigation. No person in the classified
service shall be reinstated or transferred, suspended, or discharged from any position of employment
contrary to the provisions of these rules and the Police Civil Service Act, as each may be applicable.
Section 2. Authority to Fix Salaries Retained. All employees within the purview of Chapters
41.12 RCW shall be filled by the Appointing Authority with the consent of the City Manager. These
Rules shall not infringe upon or diminish such authority that an Appointing Authority ma y have to fix
the salaries and compensation of all employees subject to these Rules (RCW 41.12.120)
Section 3. Payroll -- Certification by Commission. No officer or employee subject to Chapter
41.12 RCW shall approve the payment of or be in any manner concerned in paying, auditing, or
approving any salary, wage, or other compensation, for employees subject to Civil Service unless a
payroll, estimate, or account for such salary, wage, or other compensation, containing the names of
the persons to be paid, the amount to be to each such person, the services on account of which same
is paid, and any other information which, in the judgment of the Civil Service Commission, should be
furnished on such payroll, bears the certificate of the Civil Service Commission, or of its chief
examiner or other duly authorized agent, that the persons named therein have been appointed or
employed in compliance with the terms of Chapter 41.12 RCW and the Rules of the Commission,
and that the payroll, estimate, or account is, insofar as known to the Commission, a true and accurate
statement. Unless otherwise changed by the Commission, the City payroll officer is designated as the
Commission’s Authorized Agent. If the Commission finds that any public officer or employee is
illegally or improperly appointed, the Commission shall certify such finding to the City Clerk, and
the County Prosecutor. The City shall take prompt remedial action to come into compliance with
RCW 41.12 and these Rules.
Section 4. Enforcement. The Commission may begin and conduct civil suits which may be
necessary for the proper enforcement of the Civil Service Act and Rules of the Commission. The
Commission shall be represented in such suits by the City Attorney, or in the case of conflict,
independent counsel retained by the Commission.
Section 5. Prohibited Practices. No Commissioner or any other person, shall, by himself/herself
or in cooperation with others, defeat, deceive, or obstruct any applicant or employee in any respect of
rights of examination or registration according to the Rules and Regulations, or falsely mark, grade,
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estimate, or report upon the examination or proper standing of any person examined, registered, or
certified pursuant to these Rules and Chapter 41.12 RCW, or aid in so doing, or make any false
representation concerning the same, or concerning 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, to be examined, registered, or certified, or persuade any
other person, or permit or aid in any manner any other person to impersonate another in connection
with any examination or registration or application or request to be examined or registered.
The right of any person to an appointment or promotion to any position in the Police Department
shall not be withheld because of gender, race, color, creed, national origin, political affiliation or
belief, marital status, or disability which is subject to reasonable accommodation, nor shall any
person be dismissed, demoted, or reduced in grade for such reason.
Section 6. Political Activity. No public officer, whether elected or appointed, shall discharge,
promote, demote, or in any manner change the official rank, employment, or compensation of any
person in the classified service or promise or threaten to do so for giving or withholding, or
neglecting to make any contribution of money, or service, or support, or any other valuable thing, for
any political purpose.
Section 7. Violations. Any person who wilfully violates any of the provisions of Chapter 41.12
RCW shall be guilty of a misdemeanor, and upon conviction thereof, may be punished in accordance
with and under state law by a fine of not more than $100 and by imprisonment in the County jail for
not longer than 30 days or by both such fine and imprisonment. The Superior Court shall have
jurisdiction of all such offenses. (RCW 41.12.210)
Section 8. Severability and Relationship to the City and Police and Fire Department Rules
and Policies. If any section, sentence, clause, or phrase of these Rules shall be held to be invalid or
unconstitutional, the validity or constitutionality thereof shall not affect the validity or
constitutionality of any other section, sentence, clause, or phrase of these Rules. These Rules shall
take precedence over any conflicting City Police Department policy which relates directly to and is
inconsistent with these Rules or the proper administration of the civil service system under the
jurisdiction of the Commission. Nothing in these Rules shall be construed as limiting the ability of
the City and the Police Department from adopting Rules, policies, or regulations which are not
inconsistent with the purposes of RCW 41.12 and these Rules.
RULE 4 - CLASSIFICATION
Section 1. Classified Service Defined. The classified service shall include all full-time employees
and part-time (less than 80 hours per month) employees of the Police Department, but shall not
include emergency employees, grant employees, provisional employees, temporary employees,
reserves, and other volunteers.
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Section 2. Classification Schedule. The Commission shall provide and maintain a detailed
schedule of the classification of positions in the classification service in the form of job descriptions.
Such schedule shall be comprised of:
(1) A grouping of all the classifications by class series or career track under the Port
Townsend Civil Service Commission.
Police Department
Support Services Operations
Police Clerk
Sergeant
Parking Enforcement Officer Officer
Police Administrative Supervisor Community Services Officer
Executive Assistant to Chief of Police
(2) A class title (e.g., Sergeant) shall identify each class; in some cases, a working title
may further clarify various position descriptions within each class (e.g., Sergeant
assigned to Field Operations).
(3) Job descriptions set forth the sum and substance of the duties of the positions within
each class including the essential job functions, responsibilities, the activities of the
classification, and the levels of education and experience necessary for success on the
job.
Section 3. Class Specifications. The job descriptions of the various positions in the classification
schedule shall be used as a guide in the classification of positions and have the following force and
effect.
(1) The job descriptions are descriptive and not restrictive. They are intended to indicate
the kinds of positions that are allocated to the several classes as determined by their
duties and responsibilities. Job descriptions are to be interpreted in their entirety and
in relation to others in the classification schedule. Particular phrases or examples are
not to be isolated and treated as a full definition of the class.
(2) In determining the class to which any position should be allocated, the various
descriptions of duties in each class shall be considered as a whole. Consideration shall
be given to the duties, specific tasks, responsibilities, qualification requirements and
relationships to other classes, as together affording a statement of the employment that
is intended to embrace the class.
(3) Described qualifications commonly required of all incumbents of the different classes
such as ability to perform essential job functions, United States citizenship or lawful
permanent residency, suitable age, honesty, sobriety and industry, shall be deemed to
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be implied as qualification requirements for entrants to each class even though they
may not be specifically mentioned in the specification.
Section 4. Employees to Perform Duties of Their Proper Class. No Appointing Authority shall
require or permit an employee to perform duties outside of the proper class, except for limited periods
of time and only in emergencies promptly reported to and ratified by the Commission. However,
these rules shall not preclude an Appointing Authority from assigning an employee with a disability
to perform work in another class during the period of disability, subject to the provisions of Rule 9,
Section 12.
Section 5. Reporting Violations of Classifications Regulations. Any employee who believes that
the duties assigned and being performed are outside the proper scope of the class, shall report the
facts to the Commission. The Commission shall investigate fully and shall report its findings to the
Appointing Authority and the employee involved.
Section 6. Reallocation. Whenever it becomes necessary in the administration of the Police
Departments to change, add to, or take from a position, duties which may change the allocation of the
position, the Appointing Authority shall revise the job description to reflect the changes in duties, and
shall submit the job descriptions to the Commission with a request to determine its proper class.
Section 7. Time for Filing Requests for Reallocation. Requests for reallocation of a position
should be made, whenever possible, before the budget estimate is submitted for the succeeding
budget period.
Section 8. Maintenance of Classification Schedule/ Job Description. The Commission shall be
responsible for the proper maintenance of the classification plan so that it will reflect continuously on
a current basis, the duties being performed by each employee in the classified service, the class to
which each position is allocated and the career track to which each class is allocated. The
Commission shall make necessary amendments to the classification schedule including the addition
of required new classes, revision of existing classes and deletion of obsolete classes. Changes and
reallocations within the classification schedule shall be made as follows:
(1) The Commission shall analyze the duties and responsibilities as provided in the job
description of proposed new positions and using such appraisal as a basis, assign the
position to the appropriate class within the classification schedule and the appropriate
career track. The Commission shall also determine, after hearing the
recommendations of the Appointing Authority, the appropriate minimum
qualifications in order to be considered for classification.
(2) Changes in the duties and responsibilities of a position involving either the addition,
reduction, or modification of assignments shall be reported to the Commission by the
Appointing Authority. Determination of the nature of work, the general duties, the
supervisory responsibility, and selection criteria are the responsibility of the
Appointing Authority. If the changes are determined to be permanent and are
sufficiently significant to justify reallocation to a different classification, the
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Commission shall assign the position to the class which is appropriate under the
modified circumstances.
(3) The Commission may periodically review the classification of positions and audit
duties and responsibilities and, on the basis of this reappraisal, make such changes as
are necessary to keep the classification schedule up to date and in step with current
conditions.
Section 9. Status of Employees Affected by Reclassification. The status of regular or initial
evaluation employees affected by reclassification or reallocation occurring in the administration of
the classification schedule shall be resolved in the following manner:
(1) Any employee with regular status in the classified service whose position is allocated
to a class in the classification plan which is of a higher level than the class in which
the employee has civil service status shall be considered to be a provisional appointee
to the higher class. As such, the employee shall be eligible to compete on a
promotional basis for the reallocated position notwithstanding existing employment
lists for the higher class; provided, however, that such promotional examinations shall
be given, or notice of such examinations shall be published, within 60 calendar days of
the effective date of the allocation. The names of such employees who successfully
pass the examination for the position shall be placed, in accordance with their rank, on
the promotional list which exists for that class, if any. No employee shall be promoted
or advanced to a higher class by reason of the employee’s position on the appropriate
eligibility list. The names of eligible employees shall have initial evaluation status in
the class. If the employee is not appointed as a result of the examination, the
employee shall be assigned or, upon the approval of the Appointing Authority, be
transferred to a vacant position having the same classification as that in which the
employee has regular civil service status, or, if no vacancy exists the employee shall
be in the same or lower classification in the same career track, for which the employee
is qualified according to seniority. If the employee is placed in a lower class, the
employee shall be granted status in the lower class without further examination or loss
in pay, and the employee’s name shall be placed on the appropriate employment list
for the higher class in which the employee holds regular status.
(2) Incumbents of positions which are reallocated to a class which the commission
determines to be substantially equivalent to the positions occupied by such personnel
at the time reallocation is taken, shall be given regular status in the positions to which
they are allocated.
Section 10. Classification Status of Employees Resulting from Consolidation of Classes. When
the class of work of an employee is consolidated with another class, the employee shall retain the
classification status possessed in the former class prior to the consolidation. The employee’s name
shall automatically be placed on the appropriate employment lists for the former class and the
employee shall be reinstated to a position in the former class should such class be re-established.
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RULE 5 - APPLICATIONS FOR POSITIONS
Section 1. Announcement of Examinations. Public notice of examinations shall be given at least
ten (10) days in advance of the last date for filing of applications by publication in one or more
newspapers of general circulation published in the County, by posting announcements on bulletin
boards in City administration offices and in such other places and in such other manner as the
Commission may deem advisable. A copy of promotional examination announcements shall be
provided to each classified employee and posted on official bulletin boards of the department and
need not be published in newspapers. At the request of the Appointing Authority, or on its own
motion, the Commission may require public notice in one or more newspapers and/or trade
publications outside Jefferson County.
Section 2. Content of Announcements. The examination or promotional announcements shall
contain:
(1) Identification and description of the position or job classification which is intended to
be filled through examination or promotion;
(2) The pay of the positions in the classes for which the examinations are to be held;
(3) The time, place and manner of making application to admission to such examination;
(4) A schedule of dates, times, locations and relative weights for all elements of the
examination or promotional process;
(5) Specification of the requirements for participation in the examination process
including closing dates for filing application; and
(6) Description of the process to be used for the testing, evaluation, and selection of
personnel within the selection process.
At the request of the Appointing Authority, or on its own motion, the Commission may require
qualifications for lateral entry, including but not limited to, Washington certification as a police
officer or corrections officer, out of state certification as a police officer or corrections officer, years
of service as an officer, or other special skills, experience, or qualifications.
Section 3. Filing of Applications. All applicants must be made upon the application form
prescribed by the Commission, filled out completely as directed, and filed with the Chief Examiner
on or before the closing date specified in the examination announcement. Each application must be
signed by the applicant. Such signature constitutes a certification that all information contained
therein is true and complete to the best of the knowledge of the applicant. The Commission may
conduct pre-employment investigations to verify the past employment record and to obtain other
information relating to the qualifications of the applicant. The Commission may require an applicant
to provide substantiation of statements or qualifications.
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Section 4. General Requirements for Filing Applications.
(1) No person shall be admitted to any examinations for a position in the classified service
until they have filed a properly completed application upon the form provided by the
Commission.
(2) Every person making application must meet the requirements as shown in the
announcement of examination for the particular position for which the applicant is
applying.
(3) The Commission, after securing the recommendations of the Appointing Authority,
may prescribe limits of minimum age and such other specific requirements, physical
or otherwise, as in its judgment are required by the nature of the work to be
performed.
(4) An applicant for a position of any kind in the classified service must be a citizen of the
United States or a lawful permanent resident who can read and write the English
language. (RCW 41.12.070)
Section 5. Rejection of Applicants. The Commission may reject any application or applicant for
cause, among which the following shall be sufficient.
(1) That the applicant fails to meet any of the published requirements for the class for
which application is made.
(2) That the applicant is not of sufficient age.
(3) For any of the causes enumerated in Rule 10, Section 4.
(4) That the applicant has made a false statement in the application with regard to any
material fact, or failed to furnish true and complete statements in the application or on
an interview. That the applicant failed to properly complete the application form
provided by the Commission.
(5) That the applicant, after notification, did not promptly appear at the proper time and
place designated for any portion of the examination.
(6) An application may be rejected if it is determined that the appointing authority does
not have the resources to conduct the background investigation required pursuant to
RCW 43.101.080. Resources means materials or funding or staff time. This provision
does not impair an applicant’s rights under state antidiscrimination laws.
(7) That the applicant practiced or attempted to practice fraud or deception in connection
with the filing of an application.
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(8) That the applicant used or attempted to use political pressure or bribery to secure an
advantage in testing or appointment.
Section 6. Postponement and Cancellation of Examinations. Any examination may be
postponed or canceled at the discretion of the Commission. In any case, each applicant shall be
notified of the postponement or cancellation.
Section 7. Rejected Applications. Whenever an application is rejected, a timely notice of such
rejection shall be forwarded to the applicant which shall set forth the reason for such rejection. Any
application which is rejected because of defects or omissions may be corrected by the applicant at the
Commission office at any time prior to the date of the examination. Any person whose application
has been rejected by the Chief Examiner may appeal such action to the Commission subject to the
rules and procedures contained in Rule 11, Section 3.
Section 8. Freedom From Bias. The application form shall contain no question so formed as to
elicit any information concerning sex, political affiliation, racial characteristics, physical disability, or
religious affiliations of the applicant.
RULE 6 - EXAMINATIONS
Section 1. Examinations Shall be Impartial. All examinations shall be impartial and shall relate
to those matters which test fairly the capacity and fitness of the candidate to discharge efficiently the
duties of the position to be filled. Examinations may be assembled or unassembled and may include
written, oral, physical, or performance tests or any combination of these. They may take into
consideration such factors as education, experience, aptitude, knowledge, character, physical abilities,
or any other qualifications or attributes which, in the judgment of the Commission, enter into the
determination of the relative fitness of the applicants.
Section 2. Examination Process.
(1) The Chief Examiner shall formulate, validate and conduct competitive
examinations for entrance and promotion in accordance with the principles and
requirements of equal employment opportunity laws, particularly those related to sex
and disability. The goal of recruitment, and of all steps of the examination process,
shall be to serve the dual purpose of providing the best possible candidates for
positions while ensuring that the equal opportunity laws applicable to the City are met.
(2) Examination procedures will be modified to accommodate disabled persons consistent
with the provisions of the Americans With Disabilities Act.
(3) Tests shall be open to all persons whose applications demonstrate the required
qualifications and who may be appointed to a position in the class for which a list is to
be established, except as otherwise provided in these Rules. The Commission shall
approve such requirements as the Appointing Authority may establish as minimum
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qualifications and requirements for each classification. These may relate to
experience, training, physical condition and health, and other factors which relate to
the ability of a candidate to perform effectively the duties of a classification.
a. Who May Compete. Examinations designed to establish entrance lists shall be
open to all persons who meet minimum qualifications and other requirements
for the class as stated in the specification and as set forth in the announcement.
b. Competition in Promotional Examinations. Promotional examinations shall be
open to current employees who have acquired regular status, meet the
minimum qualifications and tenure as stated in the job description and as set
forth in the announcement.
Section 3. Examination Administration.
(1) Scheduling of Examinations. Examinations shall be scheduled at such a time or times
as the Chief Examiner or the Commission may approve. The Chief Examiner or
Commission may postpone an examination or an individual’s taking of an examination
if the best interests of the City will be served thereby.
(2) Preparing and Conducting Examinations. The Chief Examiner shall obtain from an
appropriate source, prepare or cause to be prepared all examinations, and the testing
process shall be approved by the Commission prior to the holding of the examination.
(3) Testing Fees. Reasonable testing fees may be established by the Chief Examiner.
Section 4. Character of Examinations. Tests shall be job related and competitive, and must be
designed to determine the qualifications, fitness, competence and ability of candidates to perform the
duties of the class for which a list is to be established. They may be written, oral, in the form of a
demonstration of skill, an evaluation of training and experience, a physical abilities test where
necessary for the duties of the position, or any combination of such types. They may take into
consideration education, experience, aptitude, capacity, knowledge, character, length and quality of
service, and other qualifications to determine the relative fitness of the candidates, and shall not be
related to political or religious preference. Applicants may be required to pass a background
investigation. Once conditionally offered employment, applicants may be required to pass a pre-
placement medical examination administered by a licensed physician, a physical abilities test, a
psychological exam, drug test and/or polygraph exam in compliance with applicable legal
requirements.
Section 5. Physical Abilities Examination. Any physical abilities examination will be graded on a
pass/fail basis with consideration of the ability to perform essential job functions. A person with
disability may request reasonable accommodation and a determination will be made on a case-by-
case basis whether such accommodation is consistent with performance of essential job functions,
business necessity and the safety of the public and the applicant pursuant to the requirements and
provisions of the Americans With Disabilities Act.
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Section 6. Medical Examinations. Following initial, conditional selection from a list, applicants for
positions in the classified service may be required to undergo psychological and/or medical
examinations prior to actual employment to determine physical and mental suitability and fitness to
perform work in the position appointment is to be made. Such exams shall be paid for by the
applicable Department and shall remain the custody of the applicable Department.
All employees in the classified service during their period of employment may be required by the
Appointing Authority or the Commission, to undergo periodic medical examinations at the expense
of the Appointing Authority or Commission to determine their continued physical or mental
suitability to perform the work of the position in which they are employed. The Appointing
Authority or Commission shall notify the employee in writing of the reasons for the examination.
Section 7. Identity of Examinees Concealed. The identity of all persons taking a competitive
written test shall be concealed from the examiners by the use of an identification number which shall
be used on all examination papers. This number shall be used from the beginning of the examination
until the papers have all been rated. Any papers carrying the name of the applicant, or any other
identification mark, or any candidate who reveals the identification number to the Commission or any
member of its staff directly or indirectly shall be disqualified and the candidate so notified.
Section 8. Rating of Examinations. The Chief Examiner shall determine a final score for each
applicant’s examinations. The weight given to any portion of the selection process shall be
determined by the Commission prior to announcing the test. The Commission may determine the
minimum passing grade on any portion of the test and /or the final combined test score to ensure
obtaining the best qualified applicants. The Commission may also elect to determine the final
passing score based upon the number of candidates necessary on an employment list to provide the
Appointing Authority sufficient eligible candidates for a period of at least one year or as determined
by the Commission. Any candidate who fails to attain at least this minimum grade shall be
considered to have failed the examination and shall not be examined on any further parts.
(1) Method of Rating. In all tests, a minimum rating shall be established which is
required to achieve eligibility. Such minimum ratings may also apply to the rating on
any parts of the test, and candidates may be required to obtain minimum ratings on
separate parts in order to receive passing grades, or to be rated on the remaining parts
of the tests. The final earned rating of each competitor shall be determined by adding
the earned rating on each part of the test in accordance with weights established prior
to the date of the test.
(2) Rating of Experience and Training. When a rating of experience and training
forms a part of a test, the examiner shall develop procedures for the evaluation of
those factors that will serve to assist in the selection of the best qualified candidates.
Procedures that are adopted shall give due regard to quality, and amount of
experience, and to the pertinency and amount of training. In establishing the value
that a rating of experience and training shall bear to the total test, and in determining
the length of time for which experience credit shall be awarded, consideration shall be
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given to the amount of learning time required to perform efficiently the duties of the
position.
Section 9. Veteran’s Credit. Veterans who have passed an examination shall be entitled to credit
pursuant to Chapter 41.04 RCW, or other law.
Section 10. Establishing Answer Key/ Challenge to Test Answers. When the nature of the
examination permits, the Commission may provide for a review by the candidate of the questions and
the answers key. Such review shall be for the period of seven days immediately following the
examination. During this period, any candidate may review the answer key in the presence of the
Commission or its authorized representative, and discuss the answers to which the candidate takes
exception. No notes shall be made by the candidate. Should a candidate, after such review and
discussion, wish to challenge any answer contained in this key, the candidate shall submit to the
Commission in writing authoritative proof of the invalidity of the answer the Commission regards as
most correct. Any such written challenges must be received by the Chief Examiner within seven
days of the date of the exam, and shall be considered by the Commission. If the Commission is
satisfied as to the validity of the candidate’s point of view, the proposed changes shall be made a part
of the examination answer key. The original examination answer key, together with any changes,
shall constitute the final answer key for the exam. The final examination answer key shall be used in
scoring all examination papers.
Section 11. Notification of Results/Errors in Scoring. Each applicant taking the examination
shall be given written notice of the results thereof, and if successful, of the final earned rating and
relative position on the employment list. Any applicant shall have the right to personally inspect the
applicant’s written examination papers within seven calendar days after the posting of the
employment list resulting from the examination. The purpose of such examination shall be to check
for errors in grading or rating and shall not include an inspection of the test questions or answers.
Such personal inspection shall be made in the presence of the Chief Examiner or an authorized
representative of the Commission, and no notes shall be made by the applicant. An error in grading
or rating, if called to the attention of the Commission within the inspection period, shall be corrected.
Corrections shall not, however, invalidate an appointment previously made, except that, in the case of
a promotional examinee, any error discovered within seven calendar days after the posting of the
promotional list shall be corrected, and any promotions made on the basis of the error shall be
adjusted accordingly.
Section 12. Time Interval. Any person who competes in an examination for a particular class shall
be eligible to compete in another examination for the same class six months from the date the
employment list is established following their examination.
Section 13. Retention. Examination material shall be retained for that period required by state law.
Section 14. Continuous Testing
(1) Continuous Testing Eligibility List. The Secretary/Chief
Examiner, following approval by the Commission, may establish any
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eligibility list for use by applicants tested through and certified for eligibility
through this continuous testing process.
(2) Continuous Testing Defined. Continuous testing shall mean a
written examination or a standardized physical fitness/agility test conducted
pursuant to set and commonly applied standards whose results shall be valid
for a period of one calendar year from the date of certification to a Continuous
Testing Initial Eligibility list. Continuous testing may, at the discretion of the
Commission, be offered through the Secretary/Chief Examiner or pursuant to a
subscription testing agreement.
(3) Certification. Applicants certified pursuant to a continuous testing process
shall be placed on a Continuous Testing Initial Eligibility list. Certification
shall be in accordance with the rules and regulations of this Commission. As
each applicant is placed in accordance with his or her scores and veteran’s
credit (if applicable) the placement of all others on the list shall be adjusted.
(4) Additional Testing. Applicants placed upon this eligibility list shall be subject
to such other testing processes as the Commission shall direct, including but not
limited to oral boards and any other testing process conducted by the
Commission or by a subscriber pursuant to Rule 7.
(5) Removal of Names. The names of candidates certified to this eligibility list
shall remain on the list until either certified to a secondary hiring list following
an oral board or other testing as established by the Commission, the expiration
of one year from the date of certification or until the candidate has been hired
by another public safety organization. Names may be removed upon
notification by the candidate, upon the written notification of another public
safety employer or an entity providing subscription testing.
RULE 7 -SUBSCRIPTION TESTING SERVICES
Section 1. Subscription Testing Services Authorized. The secretary, following approval by the
Commission, may enter into contracts with one or more Subscription Testing Services.
Section 2. Subscription Testing Service – Defined. “Subscription Testing Service” means a
person or organization offering a service that tests and maintains lists of candidates for employment
who have successfully completed the Subscription Testing Service process.
Section 3. Process Verification. The Secretary shall verify that the Subscription Testing Service
provides qualified testing resources that are content valid and job-related.
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Section 4. Certification
(1) Each applicant certified as a qualified candidate by the Subscription Testing
Service shall be reviewed and approved by the Commission prior to referral to
the Appointing Authority. Following qualification of candidates pursuant to
the procedure set forth in the contract with the Subscription Testing Service,
candidates may be certified as eligible for appointment to the Appointing
Authority.
(2) By motion or other approval, the Commission may delegate to the Secretary
the review and approval of candidates. Upon such delegation, the secretary
shall verify that candidates for placement on the eligible register meet the
minimum eligibility requirements for employment.
(3) Candidates qualified for appointment pursuant to the procedures established in
this Rule shall be placed in a separate register, entitled “Contract Register.”
Provided, however, that candidates rejected by the Commission for 1) not
satisfying any test requirement; 2) not completing initial evaluation; or 3)
following certification, not responding to the Appointing authority for
consideration, shall be removed from the eligible register.
Section 5. Additional Testing. Candidates qualified pursuant to a Subscription Testing Service
shall be subject to such additional testing as may be required by the Commission or the Appointing
Authority. Such testing shall include, but not be limited to, background, polygraph, psychological,
and medical testing.
RULE 8 - EMPLOYMENT LISTS
Section 1. Establishment of Lists. The Commission shall establish and maintain lists of eligibles
necessary to provide an adequate supply of qualified candidates for positions in the classified service.
Lists shall be established by class of employment.
(1) Employment Lists. An employment list shall be established and maintained for each
class of positions to be filled on an entrance basis and shall consist of the names of all
persons who have passed the examinations for that class. At the request of the
Appointing Authority, subject to the provisions of Rule 5, section 2, the Commission
may also establish and maintain lateral employment lists for each class of positions to
be filled on an entrance basis.
a. Laid-off Employees. Each employment list shall be headed by the names of
persons who have been classified employees and who were laid off from a
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position in that class because of shortage of funds, lack of work, abolishment
of position, or for other reasons beyond the control and through no fault of the
employee.
b. Employees Returning from Leaves of Absence. Following the names of
employees described in subparagraph (1) (a) above, names of employees
returning from a leave of absence greater than four months as established in
Rule 9, Section 16, shall be placed on the list in order of the date of their
request to return unless provided otherwise in a written agreement created
pursuant to Rule 8.
c. Eligibles. Following the names of employees described in subparagraph 1) (a)
and (b), names of eligibles shall be placed on lists in the order of their final
earned ratings plus any preference credits to which they may be entitled.
Where ties exist, names shall be arranged in order of the candidate whose
application was received first.
(2) Promotion Lists. A promotion list shall be established and maintained for each class
of positions to be filled on a promotional basis and shall consist of the names of all
employees who have passed a promotion test for the class. Where there are less than
four positions in a promotive classification, a promotion list for such classification
need not be established and maintained until such time as it is necessary to fill a
vacancy therein by appointment in accordance with these Rules.
a. Demoted Employees. Each promotion list shall be headed by the names of
persons who have been classified employees and who were demoted or
reclassified to a lower class from a position in that class because of shortage of
funds, lack of work, abolishment of positions, or for other reasons beyond the
control and through no fault of their own.
b. Employees Returning from Leaves of Absence. Following the names of
employees described in subparagraph (2) (a) above, names of employees
returning from a leave of absence greater than four months as established in
Rule 9, Section 16 shall be placed on the list in order of the date of their
request to return unless provided otherwise in a written agreement prepared
pursuant to Rule 9.
c. Eligible Employees. Following the names of employees described in
subparagraph (2) (a) and (b) above, names of eligibles shall be placed on lists
in the order of their final earned ratings.
d. Career Track. Promotions within the classified service shall be made from
within the career track whenever possible. The Appointing Authority may at
his or her discretion, request the Commission open promotional exams to
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candidates outside the classified service under any of the following
circumstances:
1. When there are fewer than three (3) successful applicants after testing;
2. When there are fewer than three (3) applicants who meet the minimum
experience qualifications according to the position job description.
Section 2. Duration of Lists.
(1) Employment Lists/Lateral Employment Lists. The duration of an employment list or
lateral employment list is limited to six (6) months from the date the list was
established. An employment list or lateral employment list may be extended not to
exceed an additional six months if, in the opinion of the Commission, the best interests
of the classified service would be served thereby. An employment list or lateral
employment list may also be canceled when it contains less than three. Except for
individuals on layoff status or returning from a one-year leave of absence, eligibles
remaining on the employment list when the list expires or is canceled may be re-tested
in order to be placed on the new employment list.
(2) Promotion Lists. The duration of a promotional list is limited to eighteen (18) months
from the date the list was established. A promotion list may also be canceled when
less than three eligibles remain on the list to be certified by the Commission for an
existing vacancy. Except for individuals on layoff status or returning from a leave of
absence greater than four months and required to return to the eligibility list, eligibles
remaining on the employment list when the list expires or is canceled shall be retested
in order to be placed on the new employment list.
Section 3. Removal of Names.
(1) The Commission may remove a name from a list permanently or temporarily for any
of the reasons set forth in Rule 5, Section 4 and 5, and for the following reasons:
a. Certification and appointment to fill a classification position.
b. Failure to respond within ten days from the date of mailing to a written inquiry
of the Chief Examiner or an Appointing Authority relative to availability for
appointment.
c. Failure to respond to notice to appear for employment interview within the
time prescribed in the notice.
d. Refusal of offer of an appointment. The Commission may consider mitigating
circumstances.
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e. Failure to report for duty within the time specified by the Appointing
Authority.
f. Expiration of the term of eligibility on the list.
g. Failure to maintain a record of his/her current address with the Commission as
evidenced by the return of a properly addressed, unclaimed letter, or other
evidence.
h. Willful violation of any of the Rules of the Commission.
i. In case of promotion lists, separation from the classified service.
j. Upon a finding by the Chief Examiner or Commission that the person is not
qualified to perform the duties of the class.
k. Upon written request of the eligible to have his/her name removed.
l. Making a false or misleading statement on an employment application, or for
attempted deception or fraud in connection with any test.
m. Lack of physical ability to perform the job with reasonable accommodation, or
lack of psychological suitability.
n. Failure of any portion of an examination, including but not limited to
psychological, polygraph, medical, or background.
o. Non-selection after being certified on a hiring list and interviewed by the
Appointing Authority two times.
(2) Notification of those whose name is removed from a list shall be promptly made by
the Chief Examiner in writing, and mailed to the address of record with the Civil
Service Commission. The reason for such removal shall be given.
Section 4. Restoration of Names to Eligible Lists. An eligible whose name is removed from a list
may make a written request to the Chief Examiner for restoration of the name to the list. The request
must be postmarked within 15 days of mailing by the Commission of notice of removal. The request
must specify the reasons advanced for the requested restoration. The Chief Examiner, subject to
appeal to the Commission, shall determine whether evidence submitted justified approval of the
request. The Commission may restore the name to the employment list.
Section 5. Availability of Eligibles. It shall be the responsibility of the eligibles to notify the
Commission in writing of changes in address, or other changes that may affect availability for
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employment. However, the Chief Examiner may periodically circulate lists or use other methods to
determine current availability of eligibles.
RULE 9 - APPOINTMENTS, PROMOTIONS, AND TRANSFERS
Section 1. Appointment.
(1) The Appointing Authority has the right to not fill any subordinate position under his or
her authority due to economy, lack of funds, operational efficiency, or other good
cause. A vacancy shall not be authorized and shall not be filled until it is declared as a
vacancy by the Appointing Authority.
(2) All appointments to classified service shall be made in accordance with these Rules.
When a classified position is to be filled, the names of the five highest ranking
eligibles for the class of the position shall be considered by the Appointing Authority.
If the employment list contains names of individuals either laid off or demoted
through no fault of their own, or returning from a leave of absence, the Commission
shall certify the top name on the list for each vacant position.
Section 2. Certification. No person shall be appointed or promoted to a position in the classified
service unless certified as eligible, except on a temporary basis as provided herein.
(1) Employment Lists. Upon receipt of a request for certification of eligibles, the proper
number of available eligibles from the appropriate list shall be certified by the Chief
Examiner. If no appropriate list exists, the Commission shall determine the
appropriateness of authorizing a provisional appointment as provided by this Rule. If
no names of laid off employees exist for the class at the election of the Appointing
Authority, certification may be made from the promotion list for the position or from
the employment list or lateral employment list for the position.
(2) Order and Number of Names Certified. Names shall be certified in order of standing
on the list. The number of names certified from the employment lists shall be five (5)
plus one for each additional vacancy. From the promotional list, the number of names
certified shall be five (5) plus one for each additional vacancy.
(3) Notification of Eligibles. Whenever the name of an eligible is certified, the
Commission shall provide for appropriate notification to such candidate.
(4) Additional Certification to a Vacancy. Additional names may be certified to a
vacancy based upon a written report from the Appointing Authority that in the
Appointing Authority’s judgment, one or more of the eligibles certified would not be
suitable for the position that is to be filled. Only job related reasons shall be
considered as valid reasons for rejection of a candidate.
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(5) Action Required of Appointing Authority. Reports of actions taken on certified
eligibles by the Appointing Authority shall be recorded in the records of the
Commission. Fair consideration must be given to all names certified. The following
actions by the Appointing Authority or his/her designee are allowed and/or required:
a. Conduct a background investigation to determine the eligible person’s
suitability for the position.
b. Personally interview each candidate utilizing job related criteria.
c. Request additional names to replace names of eligibles who:
1. Decline or otherwise waive consideration.
2. Failed to reply within the specified period to appear for consideration.
3. Were found to be not satisfactory for valid and pertinent reasons
directly connected with the position as determined by the Commission
from a written report by the Appointing Authority.
d. Notify the Commission of each selected candidate and, as a condition of and
prior to appointment, request a medical exam, and a psychiatric exam, to verify
psychological suitability for appointment as a condition of employment.
Request a polygraph exam.
e. Appoint the certified candidate following satisfactory review of information
provided through this Rule.
(6) Restoration of Names to List. The names of those persons certified but not appointed
shall be restored to the lists unless disqualified or rejected.
Section 3. Initial Evaluation
(1) All classified positions shall include an initial evaluation period to determine the
employee’s merit and fitness for the job. Initial evaluation is considered as part of the
regular examination process, and shall be in effect for twelve (12) months (excluding
time spent at the Criminal Justice Training Academy for Police Officers) actually
served following appointment for uniformed personnel and six (6) months for non-
uniformed personnel, and shall extend until the Appointing Authority releases the
initial evaluation employee from initial evaluation status based upon a favorable
performance evaluation which shall be issued at or near the end of the last month of
the initial evaluation period. An additional twelve (12) month extension of the initial
evaluation period for uniformed employees may be agreed upon between the
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Appointing Authority and the employee and the union representing the employee
under the provisions of the applicable collective bargaining agreements.
(2) An initial evaluation employee in an initial appointment within any career track may
be dismissed at any time without cause during initial evaluation if, in the sole
discretion of the Appointing Authority, continuance in service is not in the best
interest of the Police Departments, as applicable.
(3) An initial evaluation employee in a promoted position who does not fulfill the
requirements of the position shall have rights to return to the former classification.
Section 4. Provisional Appointment.
Whenever there are urgent reasons for filling a regular position in a class for which
appropriate employments lists are not then available, the Commission may authorize the
Appointing Authority to fill the vacancy by a provisional appointment. In such case, the
Commission may recommend persons to the Appointing Authority or may approve the
appointment of a person nominated by the Appointing Authority provided that the person
nominated possesses the qualification essential to the performance of the work of the class.
Provisional appointments shall be terminated at such time as an appointment can be made
from an employment list and shall be for not longer than four months except upon approval
of the Commission. No person shall receive more than one provisional appointment or serve
more than four months as provisional appointee in any fiscal year except upon approval of
the Commission. Provisional appointees may be discharged at any time for any reason and
shall have no appeal rights.
Section 5. Appointments to Vacancies Resulting from Regular Employees on Indefinite
Military Leave of Absence. A position vacant as the result of a regular employee being on
indefinite military leave of absence shall be considered as a regular position and shall be filled in the
manner provided for in these Rules for employees taking a leave of absence for one year under
Section 16 or in a manner consistent with applicable state and federal laws for military leave.
Section 6. Appointments to Vacancies Resulting from Regular Employees on Leave of Absence
Without Pay for One Year. A position vacant as a result of an employee being granted leave of
absence without pay for a period greater than four months shall be considered as a regular position,
and shall be filled in the manner provided for in these Rules. Appointments to vacancies created as a
result of an employee being granted leave of absence for more than four months shall be temporary
and may be filled by the Appointing Authority from the employment list or a temporary appointment
with the approval of the Commission.
Section 7. Transfers. A position may be filled by transferring an employee after taking into
consideration the affected employee’s preference as far as is practicable. Requests for transfer made
by an employee shall be executed in writing prior to the proposed effective date of the transfer.
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Section 8. Acceptance of Provisional Appointment. The acceptance by an eligible of a
provisional appointment shall not affect the eligible’s standing on the eligible list for regular
appointment. Such service shall not be counted as part of the initial evaluation period in the event of
appointment to a regular position.
Section 9. Emergency Appointment. Whenever due to lack of time or otherwise it is impossible to
secure the services of persons through the Civil Service Commission, the Appointing Authority may
appoint an emergency employee, who may or may not be on any eligibility list, in order to meet the
immediate requirements of emergency conditions such as riots, natural disasters, or search and rescue
operations. Within 72 hours, all such appointments shall be reported to the Commission. The
Commission may disallow or terminate any such appointment at any time.
Section 10. Part-Time (Extra Help) Appointments. Appointments to a part-time position (20 or
fewer hours of regularly scheduled work per week) are not subject to these Rules. Such appointments
shall not be used to circumvent the intent of these Rules.
Section 11. Temporary Appointments. If an employee is needed for a temporary period, the
Appointing Authority shall attempt to appoint a candidate from an existing list of other individuals
who possess the needed qualifications. The duration of a temporary appointment shall be limited to
the period of need, but shall not exceed four (4) months. A temporary appointment may be extended
for up to an additional eight (8) months subject to the approval of the Commission. The acceptance
or refusal of a temporary appointment shall not affect an eligible’s standing on an appointment list.
The period of temporary service shall not constitute a part of an initial evaluation period. Successive
temporary appointments to the same position shall not be made so as to circumvent an initial
evaluation appointment of qualified candidates.
Section 12. Disability Appointments. An employee temporarily disabled, not to exceed three (3)
months, as a result of an on - or off-the-job injury or illness, may be returned to duty and be assigned
portions of the employee’s regular duties or other duties either within the employee’s job class or
outside the employee’s job class consistent with the physical ability and qualifications of the
employee. Such temporary assignments may be made in lieu of regular Civil Service appointment
procedures for permanent appointments and may be made at the discretion of the Appointing
Authority. The employee shall be returned to a position in the employee’s regular classification
when physically able to perform the duties of the position. Disability reassignments may be extended
for additional three (3) month periods subject to review by the Commission. Decisions made relative
to this section shall be based upon written recommendation of the employee’s and /or City’s
physicians. Failure of the employee to obtain and cooperate with such medical evaluation shall be
cause for discontinuing or declaring a disability appointment.
Section 13. Appointment to Exempt Positions and Return to Classified Position. Any classified
employee may take an appointment in an exempt position in the same City and maintain the right to
return to his or her classified position or to a like position at the conclusion of such appointment
unless the employee has been terminated from the exempt position for cause. Such employees must
apply to return to classified service within 30 calendar days of:
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(1) Terminations of employment in such exempt position; or
(2) Termination of employment in any other exempt position in which the employee
subsequently serves provided there was no break in service with the City of more than
30 calendar days.
Upon his or her request for return to classified position, the employee’s seniority standing and
benefits shall be computed on the same basis as through he or she had rendered continuous service in
the classified position from which he or she was appointed during the time of exempt appointment,
with a deduction of benefits, computed on the basis of service in a classified position, accrued during
the time of exempt appointment.
Section 14. Appointment of Classified Employee to a Position Outside of the Employee’s
Present Career Track. When a classified employee accepts a position in a class outside of his/her
present career track due to eligibility on an employment list, the employee may return to his/her
previous position only after he/she has successfully retested for his/her former position, is placed on
the employment list for that position, is certified by the Commission, and is approved by the
Appointing Authority to return to his/her former position.
Section 15. Seniority. Seniority as used in these Rules shall be applied as follows:
(1) Date of seniority shall mean the date of hiring in the classified service to a position
within the employee’s career track, as defined in Rule 4. Seniority shall not transfer
between career tracks. Provisional, temporary or emergency appointments shall not be
included when calculating the seniority date.
(2) Classified employees promoted within career tracks shall continue to gain seniority
within all subordinate classifications which the employee has held in that career track.
Section 16. Leaves of Absence. Leaves of absence, with or without pay, may be approved by the
Appointing Authority to any classified employee with the following restrictions:
(1) Leaves of absence for one year. An employee receiving a leave of absence for one
year shall be required to make a written request to the Appointing Authority to return
to duty within one year from the date the leave started. Failure to make a written
request within one year shall result in termination of the employee. Upon a request to
return made by the employee, the Appointing Authority shall return the employee to
the employee’s normal position, a similar position in the same classification, or a
lower position for which the employee is qualified (within the same career track) when
the first vacant position is filled by the Appointing Authority. The employee on leave
shall not displace a current classified employee.
(2) Return of employees granted one year’s leave of absence shall be subject to the
provisions of Rule 8, Section 1. Employees who have properly requested return to
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work and, because of non-availability of vacant positions, have been off the job for
more than eighteen (18) months, may be required by the Appointing Authority to
successfully complete a psychological, polygraph, medical and/or physical fitness
examination prior to returning to work.
(3) Leaves of absence for less than one year.
a. Leaves of absence up to four months. An employee receiving a leave of
absence for less than one year shall be required to submit a written request for
return to work to the Appointing Authority prior to the expiration of the leave
period. Upon receipt of a proper request and upon the expiration of the leave
period, the Appointing Authority shall return the employee to his or her regular
position or a similar position within the same classification. Failure to request
return to work within the specified period shall result in termination of the
employee.
b. Leaves of absence between four months and one year. An employee receiving
a leave of absence for a period between four months and one year shall be
required to submit a written request for return to work to the Appointing
Authority prior to the expiration of the leave period. Based upon the
circumstances of a specific case and receipt of a proper request, a written
agreement between the Appointing Authority and the employee may provide
either for a return of the employee to his or her regular position or a similar
position within the same classification or, in the alternative, a return of the
employee to his or her normal position or similar position in the same
classification or a lower position for which the employee is qualified (within
the same career track) when the first vacant position is filled by the Appointing
Authority. The employee on leave shall not displace a current classified
employee.
RULE 10 - TENURE, DEMOTION, SEPARATION, SUSPENSION
Section 1. Tenure of Office. The tenure in office of every regular employee shall be conditional
upon good behavior and the satisfactory performance of duties. This provision, however, shall not be
interpreted to prevent the separation of an employee for cause, or to create a position for an employee
in an exempt position returning to classified status, when made in accordance with these Rules, or
because of lack of funds or curtailment of work.
If a position is created for return of an exempt employee, then the order of layoff shall be based on
seniority.
Section 2. Employee Conduct Generally. The expected standard of conduct for all employees in
the civil service shall be consistent with and in the public’s interest as opposed to the individual
interests. Therefore, in order to render the best possible service to the general public and to reflect
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credit on the Civil Service in the Police Department, high standards of conduct are deemed essential.
The tenure of every employee shall be conditioned on good conduct and satisfactory performance of
duties.
Section 3. No Removal, Suspension, or Demotion Except for Cause. No person in the classified
service who has been appointed to a position and who has successfully completed the initial
evaluation period, or inducted into Civil Service under provisions of these Rules, shall be suspended,
removed, or demoted except for cause, and only upon written petition of the Appointing Authority or
any resident or taxpayer; which written petition shall be served on the accused and duplicate filed
with the Civil Service Commission.
Section 4. Causes Enumerated. Any person appointed to a position in the classified service may
be removed or discharged, suspended without pay, demoted or reduced in pay or, be deprived of
vacation privileges for any of the following reasons:
(1) Incompetency, inefficiency, or inattention to, or dereliction of duty;
(2) Dishonesty, intemperance, immoral conduct, insubordination, discourteous treatment
of the public, or a fellow employee, or any other act of omission or commission
tending to injure the public service; or any other willful failure on the part of the
employee to properly conduct one’s self; or any willful violation of the provisions of
this act or the Rules and Regulations to be adopted hereunder;
(3) Mental or physical unfitness for the position which the employee holds;
(4) Dishonest, disgraceful, or prejudicial conduct;
(5) 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;
(6) Conviction of a felony, or a misdemeanor involving moral turpitude;
(7) Any other act or failure to act which in the judgment of the Civil Service Commission
is sufficient to show the offender to be an unsuitable and unfit person to be employed
in the public service, including but not limited to:
a. Improper or unauthorized use of City vehicles, equipment, or supplies;
b. Claim of sick leave under false pretenses, misuse of sick leave or demonstrated
inability to attend work regularly;
c. Absence from duty without authorized leave;
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d. Violation of safety rules;
e. Violation of any provision of work rules set forth in the policies and
procedures of the Police Department as applicable, and conduct unbecoming a
police officer.
Section 5. Reduction of Force. The Appointing Authority may lay off any employee, after prior
notice in writing, without prejudice, because of lack of funds or curtailment of work. No employee,
however, shall be laid off while there are provisional employees, or employees with less seniority
serving in the same classification. The order of lay off due to reduction of force shall be based upon
seniority and shall be consistent with the provisions of the applicable bargaining agreement for the
Department involved.
Section 6. Demotion. The placement of a classification employee into a demoted position within a
lower classification, whether voluntary or involuntary, shall be consistent with the Police
Department, or City-wide layoff policy.
An employee may make a request in writing to the Appointing Authority for demotion from a
position in one class to a position in a class of lower pay grades within the same career track if the
employee meets the minimum qualifications for such classification. If the employee is qualified for a
position in such classification, the Commission may approve the request, provided it would not result
in the layoff of another employee.
Section 7. Dismissal. The Appointing Authority may dismiss for cause any regular employee.
(1) When an Appointing Authority believes cause for dismissal exists, the Appointing
Authority shall give the employee, whose dismissal is under consideration, written
notice containing:
a. A statement of improper conduct, inadequate performance, or other cause for
discipline engaged in by the employee; and
b. A statement that dismissal is being considered as a possible sanction to the
stated improper conduct, inadequate performance, or other cause; and
c. A statement of the time within which the employee may choose to respond to
the statement of cause and discipline under consideration.
(2) An employee who has been notified that dismissal is under consideration must be
given at least five (5) days prior to the effective date of such dismissal, to respond to
the statements in the notice. An employee may then be dismissed if:
a. The employee has responded to the statements in the notice that dismissal is
under consideration and the employee’s response has been received and
reviewed by the Appointing Authority; or
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b. The employee has not responded to the statements in the notice within the time
stated in the notice that dismissal is under consideration.
(3) Dismissal shall be by written notice to the employee and the Commission setting forth
the cause for dismissal. Dismissal may be effective upon delivery of notice of
dismissal to the employee or upon any stated time thereafter.
(4) The Appointing Authority may suspend an employee with or without pay during the
time to respond to a notice that dismissal is under consideration if the Appointing
Authority believes the good of the service requires the immediate separation of the
employee from the employee’s assignment. Prior to suspending an employee without
pay, the Appointing Authority shall provide the employee notice that such action is
under consideration and a statement of reasons, and afford the employee the
opportunity to explain why the employee should not be suspended without pay, if such
suspension will result in a loss of pay prior to the time when the employee’s response
to the notice of dismissal would otherwise be due and responded to.
RULE 11 –INITIAL EVALUATION
Section 1. Initial Evaluation Period. To enable the Appointing Authority to exercise a choice in
the filling of a position, no appointment, employment, or promotion in any position in the classified
service shall be deemed complete until after the expiration of a period of initial evaluation service as
provided for in Rule 9, Section 3 or the applicable collective bargaining unit agreement.
Section 2. Termination of Initial Evaluation Employees. During the period of initial evaluation
service, the Appointing Authority may terminate the employment of any person certified to him/her,
during the performance test thus afforded, upon observation or consideration of the performance of
duties, the Appointing Authority determines such person is unfit or unsatisfactory for service in the
office. There shall be no obligation to establish cause when terminating an initial evaluation
employee.
RULE 12 - APPEALS
Section 1. Bargaining Unit Agreements; Election of Remedies
(1) It is specifically and expressly understood and agreed that exercising the right of
appeal set forth in these Rules constitutes an election of remedies and a waiver of any
and all rights by the appellant, if applicable, contained in the grievance procedures of
the applicable collective bargaining agreement. Likewise, a grievance before the
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bargaining unit shall constitute an election of remedies and a waiver of the right to go
through the appeal procedure set forth in these Rules. All grievances and appeals shall
be governed by the grievance and arbitration section of the applicable bargaining unit
agreement (in the case of an election to proceed pursuant to the associated bargaining
unit agreement) or the Civil Service Rules (in the case of an election of remedies
through the Civil Service Commission). The election of remedies must be made no
more than fifteen (15) calendar days following the alleged occurrence or notice of
action, whichever is later. Notwithstanding any provisions herein to the contrary, all
employees who believe they are aggrieved by any management decisions or actions
are encouraged to take advantage of the informal dispute resolution option set forth in
the bargaining unit agreements.
Section 2. Allocation Appeals
(1) If an employee, by reason of reclassification, loses employment in the classified
service, such employee shall have the right of appeal to the Civil Service Commission
under the provision in accordance with the procedures of Section 2 of this Rule.
(2) If an employee believes the position has been improperly allocated or reallocated to a
class, the employee may appeal to the Commission. The procedure for such appeals
shall be as follows:
a. The appeal shall be filed no later than fifteen (15) days after the allocation
approval;
b. The appeal shall set forth the reasons therefor;
c. The appellant shall file the original of the appeal with the Commission and a
copy with the Appointing Authority;
d. The Commission shall consider all such appeals and shall provide reasonable
opportunity for each appellant and the Appointing Authority to be heard;
e. The Commission shall notify, in writing, the appellant and the Appointing
Authority of its decision, which shall be final. Any decision of the
Commission, under this provision, which allocates a position of an employee
to a different class in the classification schedule shall be retroactive to the date
the appeal was filed.
Section 3. Appeal from Removal, Suspension, and Demotion.
A regular employee may appeal a disciplinary action referred to in Rule 9 Section 3, to the
Commission not later than ten (10) days after the effective date of such action. The filing and
conduct of such appeals shall be subject to these Rules.
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(1) Appeal Must be in Writing. The appeal must be in writing and must contain a detailed
statement specifying:
a. The action being appealed.
b. The reasons why the employee believes the disciplinary action was not for
cause.
c. The corrective action requested.
(2) Filing of Appeals. Filing of appeals must be in substantial accordance with these
Rules. Any appeal not filed in conformance with these Rules is null and void, and of
no effect.
Section 4. Appeals from Examinations.
(1) Any candidate for appointment or promotion to a position in the classified service who
is aggrieved by the examination process may appeal to the Commission. The appeal
must be in writing and must contain a detailed statement specifying:
a. That the candidate has filed with the Chief Examiner a written appeal of
examination results within seven (7) days after the administration of that
portion of the test being appealed.
b. The date of the Chief Examiner’s decision after such appeal.
c. The reasons why the candidate believes that the decision by the Chief
Examiner was contrary to the Rules promulgated for examinations, or that the
decision was contrary to law, or for a political reason, the candidate was not
treated in an equal and fair manner, or that the portion of the test being
appealed was invalid.
d. The corrective action being requested.
(2) Such appeal must be filed within fifteen (15) days from the date of the Chief
Examiner’s decision referred to in paragraph (1) (b).
(3) The Commission may elect to halt or modify an examination or selection process if
the Commission determines that the appeal raises a probability of questionable validity
or integrity of the selection process. The Commission may elect to retest any or
portions of the selection process if it determines that any portion of the test is invalid
or a substantial error has been made.
(4) Requests by candidates for clarification or explanations regarding examination results
or procedures shall not be considered appeals for the purposes of this section.
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(5) A rating in any part of an examination shall not be changed unless compliance with
the foregoing conditions has been made and unless it is found by the Commission that
a substantial error has been made. The Commission’s decision with respect to a
review or change shall be final and shall be entered in its minutes. A correction in the
rating shall not affect a certification or appointment which may have already been
made from the register. The Commission’s decision with respect to any such appeal
shall be final and conclusive.
Section 5. Appeal from Removal from Employment List. An eligible whose name has been
removed from an employment list may appeal to the Commission for reconsideration. Such appeal
must be filed in writing within fifteen (15) days after the date of removal. The Commission’s
decision with respect to any such appeal shall be final and conclusive.
Section 6. Appeal from Examination Rejection. Any applicant whose application for admission
to an entrance or promotional examination has been rejected may appeal to the Commission for
consideration of his qualifications. The Commission shall consider such appeal, if filed in writing
within ten (10) days after the date on which notification was mailed to the applicant. The
Commission’s decision with respect to any such appeal shall be final and conclusive. Applicants
may be admitted to an examination by the Commission pending consideration of a written appeal.
Admission to an examination under such circumstances, however, shall not constitute the assurance
of a passing grade or a successful appeal.
Section 7. Appeal from Physical Abilities Testing or Psychological/Medical Examination.
Where an applicant or employee of the City is reported to be physically or mentally unfit to perform
work in the position to which appointment is to be made or in which the employee is employed, such
applicant or employee shall have a period of five (5) working days from the date notification is made
of such preliminary determination by an Appointing Authority, to appeal in writing to the
Commission, the employee’s or applicant’s intention to challenge that finding as to physical or
mental unfitness, or a determination if any, or lack of determination that reasonable accommodation
is an alternative.
(1) Psychological Examination Appeals. Applicants and those offered employment based
on the condition that suitability and fitness be demonstrated may not appeal or
challenge the opinion or recommendation of medical expert except upon a showing of
bad faith, bias, or malfeasance of the examiner.
In the event an employee is deemed unfit or no longer suitable based on psychological
or psychiatric exam, the employee may appeal to the Civil Service Commission on the
basis of clear and material error which renders the opinion or recommendation
demonstrably wrong. The Commission may accept or reject such appeals. If an
appeal is allowed, the Commission shall order a second examination and select the
examining psychologist or psychiatrist. This second opinion shall be paid for by the
Commission. The Civil Service Commission will make a determination based on a
consideration of both reports.
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(2) Medical Examination Appeals. In the event an applicant or employee disagrees with a
medical report which is disqualifying, the applicant or employee may challenge it
before the Civil Service Commission by providing contradictory medical evidence
which establishes or tends to establish clear error or clear misinterpretation by the
examiner. The Commission may accept or reject the second report, or require a third.
If required, the Commission shall order a third examination by another physician
chosen by the Commission. After request of a second or third, if required, evaluation,
the Civil Service Commission shall make a final determination concerning suitability
and fitness.
If an employee is finally determined to be physically or mentally unfit for service, such employee
shall be demoted in accordance with these Rules or separated from City service. Such demotion or
separation shall be within five (5) days from the date of final determination of the physical or mental
unfitness of the employee, subject, however, to the provisions of Rule 12.
Section 8. Hearings Officer.
(1) The Commission shall be empowered, at the Commission’s discretion, to refer any
issue to a Hearings Officer, who shall conduct the appeals process in accordance with
these Rules.
(2) The Commission may periodically appoint one or more permanent or temporary
Hearings Officers who shall be qualified and familiar with the principles of a merit-
based, civil service system. The individuals shall be practicing members of the
Washington State Bar Association or arbitrators who are members of the American
Arbitration Association.
(3) The amount or method of compensation of the Hearing Officer shall be prescribed by
the Commission.
(4) All provisions of these Rules pertaining to the duties and authority of the Commission
in the conduct of a hearing shall be applicable to the Hearings Officer.
Section 9. Single Commissioner May Investigate or Conduct Hearing. Any investigation or
hearing provided by the Rules of the Commission may be made by the Commission or by any
Commissioners designated by the Commission for that purpose. No order, decision, Rule or
regulation made by any designated Commissioner conducting any hearing or investigation alone shall
be of any force or effect whatsoever unless and until concurred in by at least one of the other two
members.
Section 10. Notice of Hearings.
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(1) Time and Place of Hearings. The time and place of hearings will be set by the
Commission Chairperson or the Commission’s designated Hearings Officer and notice
thereof served by the Commission upon the employee affected, and the employee’s
representative. Unless the time is extended under these Rules, the Commission shall
conduct a hearing within 30 days following receipt of a notice of appeal.
(2) Postponements. Any party who desires a postponement shall promptly, upon receipt
of notice of the hearing, make written request of the Commission or the designated
Hearings Officer for such postponement stating the reason. For reasonable cause
shown, the Commission Chairperson or Hearings Officer may grant such
postponement and may, at any time, order a postponement upon its own motion.
Section 11. General Hearings Procedure.
(1) The Commission will open the hearing with a brief introduction of the parties and
issues.
(2) Hearings are public meetings open to the public, subject to the Washington Public
Meetings Law.
(3) Hearings will be conducted in an informal manner, and except as provided in these
Rules, shall not be subject to the rules of evidence.
(4) The parties or their representatives may make opening statements.
(5) The parties or their representatives may present evidence in support of their respective
positions. Cross examination of witnesses will be allowed opposing parties.
(6) The Commission may question any witnesses as to the facts presented or involved,
and the Commission may call witnesses on its own motion to assist it in arriving at a
determination.
(7) Attorneys, representatives or the parties may be allowed time to present oral
arguments on the issues to the Commission. The Commission may require written
position papers to be submitted within a reasonable time after the hearing by the
parties.
(8) The Commission may impose time limits on questioning in the interest of orderly
conduct of the hearing or fairness.
Section 12. Specific Procedures.
(1) Oaths and Subpoenas.
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a. In the course of any investigation or hearing, the Commission or designated
Commissioner, or chief examiner, may administer oaths, subpoena and require
the attendance of witnesses and the production by them of books, papers,
documents, and accounts pertaining to the investigation and also cause the
deposition of witnesses residing within or without the state to be taken in the
manner prescribed by law for like dispositions in civil actions in the superior
court; and the oaths administered and the subpoenas issued hereunder shall
have the same force and effect as the oaths administered and subpoenas issued
by a superior court judge in a judicial capacity; and the failure of any person so
subpoenaed to comply with the provisions of this section shall be deemed a
violation of this act, and punishable as such.
b. If either party desires more than 5 subpoenas, applications therefor shall be
made to the Commission Chair by written motion for an order allowing the
issuance of more than 5 subpoenas. The motion for additional subpoenas shall
be supported by a statement of the party or the attorney seeking the subpoenas
which shall set forth the names of such witnesses or documents and the facts
expected to be proved by the additional subpoenas. The Commission Chair
shall order as many additional subpoenas for as many witnesses or documents
as appear from such statements or affidavits to be necessary and material to a
fair, full and impartial hearing.
c. Every person served with a subpoena by the Commission requiring attendance
before the Commission shall be entitled to the same fees and mileage as are
allowed by law to witnesses in civil proceedings pursuant to Washington law,
except that no person shall be entitled to any fees or mileage who is employed
by the City and is called as a witness during the employee’s normal work
hours. Such costs shall be paid by the party seeking issuance of the subpoena.
(2) Conference During and Prior to Hearings. During or prior to any proceeding, the
Commission may, at its discretion, call the parties together for a conference prior to
the taking of testimony or may recess the hearing for such conferences to resolve
procedural matters. The results of such conferences shall be summarized on the
record.
(3) Stipulations of Facts and Issues. To expedite the proceedings, the parties shall be
encouraged by the Commission in all cases to confer before the hearing for the
purpose of stipulating to relevant facts and issues involved in the controversy. Such
stipulations shall be binding upon the parties thereto and may be used as evidence in
the case.
(4) Continuances. If it appears on the motion of a party, or on the Commission’s own
motion, that further testimony or argument should be received, the Commission may
in its discretion continue the hearing. The date of such continued hearing may be
fixed at the time of hearing or by later written notice to the parties.
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(5) Burden of Proof. In a hearing on an appeal from a suspension, demotion or discharge,
the Appointing Authority or designee shall have the burden of proof and the burden of
going forward with the evidence. In appeals concerning classification actions and the
examination process, the party filing the appeal shall have the burden of proof and the
burden of going forward with the evidence.
(6) Rules of Evidence. The rules of evidence at hearings shall be:
a. Evidence of a type commonly relied upon by a reasonable, prudent person in
the conduct of their serious affairs shall be admissible. Relevant hearsay is
admissible provided that (a) the hearsay statement is more probative than other
evidence than the proponent could obtain through reasonable efforts, and (b)
notice of the intent to offer such hearsay evidence, including full detail of the
statement and the declarant’s name and address, is given by the proponent to
the other party in advance of the hearing to provide a fair opportunity for
preparation to meet such evidence.
b. Irrelevant, immaterial or unduly repetitious evidence shall be excluded.
c. All offered evidence, not objected to, may be received by the Commission
subject to the Commission’s discretion to exclude irrelevant, immaterial or
unduly repetitious matter.
d. Evidence objected to may be received by the Commission and in the discretion
of the Commission, rulings on its admissibility or exclusion may be reserved
until the time the order of the Commission is issued.
e. In considering the admissibility of evidence, the Commission may refer to, but
is not bound by, the Washington Rules of Evidence.
f. The Commission shall take judicial notice of Police Department, and City
Rules, all past and current labor contracts and other matters for which judicial
notice is appropriate.
(7) Conduct of Hearing. A hearing before the Commission is intended solely for the
purpose of receiving evidence either to substantiate or refute specific charges relative
to the action which the Commission has been requested to examine. It shall not be an
occasion for uttering irresponsible accusations, attacks upon the character or conduct
of the employer or employee, or other derogatory matters having no bearing on the
actions under consideration. All parties, representatives, counsel, and spectators shall
conduct themselves in a respectful manner. Demonstrations of any kind will not be
permitted. Failure to comply with this Rule shall be grounds for removal of the person
from the hearing.
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Section 13. Disposition.
(1) Commission Decisions. Decisions of the Commission shall in all cases be based
solely on the record made at the hearing and on legal authorities, including laws,
relevant to the dispute. Decisions of the Commission or Hearings Officer shall be
made in writing and contain Findings of Fact and Conclusions of Law and be in
accordance with Rule 2, Section 14.
(2) Recommended Order of the Hearings Officer. In matters referred by the Commission
to a Hearings Officer, a Recommended Order shall be served on the parties and filed
with the Commission within the time periods specified in subsection (1). Where
applicable, the Recommended Order shall include Rulings on Motions and Evidentiary
Matters, Findings of Fact and Conclusions of Law.
(3) Commission Decisions on Recommended Orders. Commission review of
Recommended Orders is limited to the hearing record and applicable law. The
Commission may adopt a Recommended Order by voice vote. In all other cases the
Commission shall issue a written final decision within the time periods specified in
subsection (1), provided that in the event the Commission rejects or requires
modification of the Recommended Order, the Commission shall base its final decision
upon a de novo review of the hearing record.
(4) Effect of Commission Decisions. Subject to judicial review pursuant to Washington
State law, Commission decisions are final and binding on the parties.
Section 14. Records. The record of each Commission hearing shall include:
(1) A statement identifying the dispute and papers related to the appeal;
(2) All written materials offered to the Commission;
(3) Evidence and testimony received and considered;
(4) Matters officially noted;
(5) Questions and offers of proof, objections and rulings thereon;
(6) A statement of the final Commission decision including the hearing officers
recommended ruling, if any.
(7) The recording of the hearing which shall be either a verbatim written record or
mechanical recording.
Section 15. Appeal from Commission Decision. If order of removal, suspension, or demotion is
concurred in by the Commission or a majority thereof, the employee may appeal therefrom to the
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Superior Court of Jefferson County, Washington. Upon filing of the appeal in the Superior Court, the
employee shall serve the Commission, within 30 days after the entry of its order, a written notice of
appeal, stating the grounds thereof, and demanding that a certified transcript of the record and all
papers on file in the office of the Commission affecting or relating to its order, be filed by the
Commission with the Court. The Commission shall, within twenty days after the filing of the notice,
make, certify, and file such transcript with the court. The Commission shall maintain the original of
the certified record. Unless earlier obtained by the Commission, the Commission’s transcript shall be
paid for by the party appealing the decision. Petitioner seeking judicial review shall bear the expense
of furnishing the record to the Superior Court. The Court shall thereupon proceed to hear and
determine the appeal in a summary manner. Such hearing shall be confined to the determination of
whether the order of removal, suspension, or demotion made by the Commission, was or was not
made in good faith for cause, and no appeal shall be taken except upon such ground or grounds.
RULE 13 - INVESTIGATIONS
Section 1. Investigations. The Commission shall make investigation upon its own motion or upon
the petition of any resident, duly verified and stating that irregularities or abuse exist in the
administration of the Civil Service Act or setting forth in concise language in writing the necessity of
such investigation.
Section 2. Investigations -- Complaint -- Answer. Whenever such complaint is received by the
Commission, the Commission shall provide a copy of the petition or complaint document to the
Appointing Authority or other person against whom the complaint is made. Within 20 days
following service of the complaint on the Appointing Authority or any other person affected, the
party against whom the complaint is directed may file with the Commission, in writing, an answer to
the complaint or petition. The Commission may determine after receipt of the Appointing
Authority’s response that further investigation is necessary and may conduct an investigation of the
complaint.
Section 3. Hearing on Complaint. If, in the determination of the Commission, after considering
the results of the Appointing Authority’s response or its further investigation, a hearing is necessary,
the Commission may, within 30 days after the date of such determination, conduct a public hearing.
At the hearing, the Commission shall review the results of its investigation, and both the petitioner
and party against whom the petition is directed shall be entitled to appear and present evidence in
their behalf. At such hearing, the Commission shall proceed to hearing and dispose of the matter in a
summary manner, and their decision in the matter shall be conclusive.
Passed and adopted this fourteenth day of November, 2007.
PORT TOWNSEND CIVIL SERVICE COMMISSION
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Approved as to form: John
Watts, City Attorney