HomeMy WebLinkAbout062625 Special Session Civil Service Commission Meeting PacketCitof port,"",y un
Townsend
Civil Service Commission
Special Meeting Agenda
June 26, 2025 — 4:15 p.m.
City Council Chambers, 540 Water St., Port Townsend, WA
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I. Call to Order/Roll Call
II. Public Comment (3 minutes per person)
III. Old Business - None
IV. New Business
A. Lateral Hiring Eligibility List
B. Civil Service Rules Updates
V. Next Regular Meeting: July 10, 2025
VI. Adjourn
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City ,wy u
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CIVIL SERVICE
COMMISSION
DATE: June 24, 2025
TO: Civil Service Commission
FROM: Cynthia Shaffer, Chief Examiner, and Thomas Olson, Chief of Police
RE: Port Townsend Civil Service Rules Revisions
The City of Port Townsend Civil Service Chief Examiner and Chief of Police jointly
propose the revisions summarized below to the Port Townsend Civil Service Rules (the
"Rules"). A full update of the Rules was last completed in 2007 with small additional
edits made in 2018 to comply with a law update. The Commission has approved several
changes the Rules in the interim, which staff now proposes be incorporated into the
Rules document. This includes allowing exceptional entry for Academy -certified
applicants who do not qualify as laterals.
Staff has also made proposed revisions for formatting consistency, to correct
typographical errors, to comply with changes to State law, and to make the hiring
process more efficient, as finding and hiring qualified Police Officers continues to be
challenging. For example, authorizing the Chief Examiner to certify hiring lists would
speed up the process of starting background for qualified candidates.
The Revised Code of Washington (RCW) is a compilation of permanent laws in
force. The RCW for Civil Service for City Police is 41.12.
Section
Change
Approved
by
Commission
Throughout
Add a separate category and hiring eligibility list for
5/31/23 &
rules (search
Academy -certified applicants.
5/9/24
"lateral"
Rule 1,
Update qualifications to include DACA recipients per
Definitions
State law.
Rule 2,
Updated to reflect current State law and to condense
Sections 2, 7,
sections.
8, 9, 10
Rule 2, Section
Typo correction — remove crossed out RCW
7
reference relates to fire departments)
Rule 2, Section
Moved to Rule 12 (Appeals) and added "Human
16
Resources" as applicable department.
Rule 4, Section
Add "and employees exempted per RCW 41.12.050."
1
Rule 4, Section
. Add Police Records Lead
2/9/22
2
• Move Community Services Officers to Support
Services
cityofpoiL "rO ".
........... Irlownsend
CIVIL SERVICE
COMMISSION
250 Madison Street, Sufte 2 III Port"rownsend, WA 8 III 36 . ' 9.5 5 1 ww,w.dtyofpt, s
• Remove positions not used for many years
Rule 4, Section
Update qualifications to include DACA recipients per
3
State law
Rule 4, Section
Change responsibility of maintaining job descriptions
8
and classification plan from the Commission to the
Chief Examiner.
Rule 5, Section
Updated to reflect previously discussed change
8/4/22
1
authorizing the Chief Examiner to post notice of the
Police Officer vacancies and announcement of PST
examination dates on the City's website instead of in
a newspaper.
Rule 5, Section
Addition of "or Academy -certified entry status" and
2
removal of specific qualifications, as the Commission
may change criteria from time to time.
Rule 5, Section
Replace "Commission" with "Chief Examiner"
3, 4, 5, 6, and 7
primarily to reflect that the Commission does not
review individual applications and to allow Chief
Examiner to postpone or cancel exam if needed
without convening a Commission meeting first.
Rule 5, Section
Update qualifications to include DACA recipients per
4
State law
Rule 6, Section
Change "one year" to "two years" to allow the City to
14 2
invite more individuals to apply as entry levels.
Rule 7, Section
Changes to reflect that City staff determine whether
4
individual applicants meet qualifications.
Rule 8,
. Allow Chief Examiner, instead of Commission, to
Sections 1-5
establish and maintain employment lists.
• Remove mailing requirement.
Rule 9, Section
Replace "Commission" with "Chief Examiner" to allow
1
the Chief Examiner to certify hiring lists.
Rule 9, Section
Edit first sentence 1 to allow provisional
6/8/16
4
appointments to be made if there are not appropriate
employment lists and/or persons on the list are not
immediately available or qualified to work in the
position (for example, if police officer candidates
have not attended the Academy yet).
Rule 9, Section
Remove Disability Appointment section. We use the
12
limited duty section of the City's Personnel Policies
Manual for all employees, whether in civil service
positions or not.
Rule 10,
We do not give the Commission notice about
Section 3
employees being removed from positions. Change to
Chief Examiner?
cityofpoiL "rO ".
........... Irlownsend
CIVIL SERVICE
COMMISSION
250 Madison Street, Sufte 2 III Port"rownsend, WA 8 III 360,379.5 5 1 ww,w.dtyofpt, s
Rule 12, new
Moved from Rule 2.
Section 4
Rule 12,
Clarification about process for filing appeals to make
Section 5
consistent with other sections of the Rules.
Rule 12,
Clarification about process and removal of mailing
Section 6
requirement.
Rule 12,
Change from "working days" to "calendar days" for
Section 8
consistency with other sections of the Rules.
Proposed Motion: Approve the revisions to the Port Townsend Civil Service Rules as
presented.
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 R(.7WChqpj��f 41.12 R.(-'W a ex . sfi o
................... ------- IwL-----,-........� ................ 1 ng r mqy b!p qMp!1A!pJ
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.
ALLOCATE shall mean the act of assigning each position to its proper class.
2. APPOINTING AUTHORITY shall mean the following:
qnpg.i n t.J.ng,-pg�,E" includes eves . i .. . ...... .... ... ..... .. .. ...... .. . . . . . . . . . . . . . ...................................................
singly or in (,on"
................ I anaML council..c o m non council....
c0!nM.!.5.H2n1. g- othe i by law with pg��er and authority to select,
.... ... ..................... .............................. .................................................................................................. .... ............... ......................................
,qpp in, or em Igy_M pp �5 e 12y! !PIA ............. i ................ ............... P 2!112 hdd q!ly pI.J.1 c plg�!P' P2�!112R 2K!P! P
... ..... ..... ..... ...
to civil service.
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. Al POINTMENT.. inohAes all means of..'. sele'ainc' aw... ointing; of employing any person
Al
or ...................................................................................................................................................................................................................................................
+1-ts*
1 APPOINTMENThas the same mani g qsLEgy.i.....d........e........d.......„gin .............R...........C.............W...............4...........1......,......1....2.........,....2........2........0......a........s..........e.......x........ist o
..r
mu be amended.
4. CAREER TRACK means a grouping of classifications which the Commission
determines have the same general area of concern or responsibility.
Civil Service Rules updated 204wok"44 4 142 0.2.5.
Page 1
5. CERTIFY shall mean the act of the GointnissionC.hief .x. aMin e r. 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.
8. COMMISSION means the Port Townsend Civil Service Commission as provided in
these Rules and R `WCh pj �: 41.12...: v�v�'�!..x..._ ,s..... x"st"fig.... �.:._I :�......���:v �1 .
9. COMMISSIONER means any one of three members of suchth al 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.
Civil Service Rules updated 20 ok"44 4 1420.25
Page 2
16. FILING shall mean delivery to the =hail -pees n or Sccr tary `hair.„ 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 0E-S'e6Fet&yCh.a.i r of the
Civil Service Commission. Filing by P'� 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.
1° ....... IZA �E Aty E O CI N ll[X S„�- s1=� li ne .t... list.. 1.i...per.ens....:W11 -have lualit.led f
° j-4- .r tep � ° ° n it ..:n . t° t1 :..:v° f se... 4e--1 -
1° f el+-tfyL and ...:W110-have n t yet beet- apl ifited and ....:who -have .t..:...laeet+
h-. se.....r 1es,
17. LAY OFF means separation from the classified service because of lack of funds or work
and without cause on the part of the employee.
W.18. ORIGINAL APPOINTMENT shall mean a regular appointment from an employment list
to a position in the classified service.
0.19... PART TIME POSITION shall mean a position in which the employee regularly works
less than eighty (80) hours a month.
QQ.. 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 1.. 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.
232. -. 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.
242 3... 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.
-r 4. PROMOTIONAL LIST shall mean an employment list established by a promotional
examination.
65.. 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.
Civil Service Rules... �4 >Vi H4h F 200AW—ok" 4 4:......1.4
Page 3
2.'72 6.. PROVISIONAL EMPLOYEE shall mean any employee filling a provisional appointment
position.
29.2 °7. QUALIFICATION shall mean an applicant for any position subject to these Rules under
civil service must be a citizen of the United States ot, a lawful permanent resident,, or a
deferred_action for childhood arrivals recipient who can sped., read,, and write the English
language and shall meanppss ss the knowledge, skills, abilities, and traits identified by the
Appointing Authority and approved by the Commission.
292 .. REGULAR EMPLOYEES means employees whose retention has been approved in
writing at the satisfactory completion of their initial evaluation period in that position.
30. ...... RENIGNATION means the to ination c4 employmentof-an cmi-ogee at the request C41the
enll eyee;....irt Wilting.. -tl -p1 kiting....... lei--4y...
29... 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.
23Q.. TEMPORARY APPOINTMENT means an assignment of limited duration due to special
projects, abnormal �wwk loadsrkl-od,s, vacancies or emergencies. Temporary employees
are not eligible for (4ty—City benefits.
-3 1.. 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.
�.3 1 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 Mayof afwd e irfy" by the City ` r i anage.-.
Section 2. Qualifications. No person shall be appointed to the Commission who ims.does. not a
citizen olrn t the United `Mates, a residcnt�! �1pjj ments established in ➢�CW 41 12.030. The
members of the Commission �� mission stall here clearly demonstrated �n interest and belief in the merit
plinctples Qfeivil...servic , shalt not told a'�:� sa qr ed pl!b!i� off. ice or en nga in r gaulaK City
g! pIMI ent other than Commission d�t.es�,,,,shall not have been an officer t a poAitieal p..q! for at
least..three ytarsa period„ of one„ year immediately preeeding theitpliofto sou th appointment, and aft
elector ol41-e- `ou*tty and shaltnot s pa ttsan electiveofficed .g.the t to„ h eh th
. ,..........
are a.. oin..ed.
Civil Service Rules ,�> 'H4'x Aok"44 4 14
Page 4
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 pFef`err-edpf2fj.'Egd 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:Cijy__Mg!aqgpK
..............
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 011airperson.ch ai r
may vote on all matters.
The
.0 1 Seetk�w ....®( . ........ - ; nieffibefs oftlw G(-w*nission shall I+avceteart�L
.............. ...........
.............................................................. ........................................................ I ............................................................................................................................
i-1 if4es of civil --service, s4all serve without
destrFncH+aW-- d aft ate andbC44 ift the-ffl-el t ff' i*(
e0alp-ensation, shall IR-kllc4d afty salaried pu.134(1 fit c ar City employ 4r1W
thaf I k)r a pened- 4.'eiw year
ifntnediatetL ff..ier...tag - and ift -&-f�&Fti Safi etective 4'fiee dw-++,tg the teffr�
tag wl�ici trey are appeinle.(-I, Afty elects eei+trary -k-)-this sect+&I+
A-a--4 b-o deei-,H-ed to-ha-ve r-esig
gffed as a--Gei+H+4s,4 O.f.w.-r af-0 . ..... te-lw,�-e engaged in e,-en-d-He t
whiel+ is ineenipatible wi def R.4-:;-W 4.4-.(-)95-7RCW 4 174-2-4)-4) and these Fu4es.
Seetio* 8T ---- tmesw
......... .............................................. ..................................
Section 7. Com..L)!�!!.��ion. Positions on the Commission are volunteer gpMn!!�.d d
............. .......................................................... . ...................... .......................... . .................................... . .................................................................................................................................................. ........... ........... p
.. .. ........................................... ..... . .....
members shall serve without !�.�=nsatton. 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; tlolitieAA , f , fitiat " m*m ---- Atthe 6FRe. Of'&pj)E)ifI4HeI4;
sl,ialt be ad1w... tents of' Ow sam-e-lse4i eat party .
8-ee-&-m-448. 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 hair or vice-chairperson.ch ai r., the
Commission shall elect a ehairpefsonchair and vice -ehairpersonch ai r. Thereafter, the Commission
shall elect a chaiij.-.wrson.ch air. and vice -chairperson ai r at the regular February meeting in each odd -
numbered year.
Section 49. Meetings. The Commission shall schedule fegu4ar! o t I y !I h meetings at least once a
facH+t1i unless the Chair determines there is no pending business requiring Commission action, and
Civil Service Rules...�4 A,4>ViH4hF 200Aw-ok"44 4 14
Page 5
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 Fegu4&6E)+isJ.nd ter „ r rurr p A written public record shall be
kept by the Commission of all actions of the Commission. The Chief Examiner crr„ deshall
serve as Secretary.
Section 1210. Chief Examiner. (RCW 41.12.040) The Commission shall appoint a Chief
Examiner, who shall al,sob pointed as a r�es�alt of orrr„petrtry� exarrrrnahon �vlrr� lr examination is
lirnited to only internal City staff. The Secretary end Chef Examiner mytiesakrpion,
redgc,tio.�rr or disclrarge in the same m nner and srak�Aect to the Larne lrtrrrtatr�rrrs as ire provided the
case of tnernbers of the olice departrnent. 'rlre ."lrret Exarnr rver 1ra11 keep the rec��rds t��r pres r� „
All] rep( its made to it, and serve 111.4y vc as secretary of the Commission, and .' "he Chief Examiner
nnay��ate_such aisistant�sdr�ties as may be necessary: or appr(.)pri _t _ The Secretar(Chief
Examiner shall s..Uperintend and keep a record of all examinations held under its d.i.s Fe -ou+ direr ti(Yn
and perform such other duties as the Commission may prescribe.
Section t3l 1,. 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. (R C ;,hUIg , 41.12) d C, ,)e 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 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 R W.Ch pt r" 41.12K CW.
and by the rules of practice and procedure adopted by the Commission.
Civil Service Rules... �4 >Vi H4h F 200AW—ok" 4 4:......1.4
Page 6
(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.
Section 141.2. 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.
Civil Service Rules ,�>Vi H4h x Aok"44 4 14
Page 7
(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 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.
W a W� a
.e. . ..yeas asi ➢ �).e. , n°t ;. s-
carrying out tl se....:RH4es.....&IA- Fel4ed....:RH4es....as Fn- y....l -g ) ;d.....and ...amended ....peri-odieally, aI Shalt
&ll tl :`..a nFFIrSs EH+ ill- Fe&sour° e il-ides in 41specti-n ; all- pub ° ° records related
te-the C` nfyiissrEH+ or... * L n=lfaissi r,..or..i ...:t Ch el lixararrier....
si-our-
1 ......... 44te C=e+n-missrEH+ 1-n&-thata per.�ient 1..... etion--was disen+nrria r that a rep:... o al....
s spensi r eF der r ..: , - EAA-take :k:..ca er than a pf-es4isi -W i iti 1.
ev&lint EH+effl. ee;....the Go nmifir&Al may EWdeF--&fqs")Fi4e re4ef 4teluding tmt not
1-4a teal...t0i...
:.......................................ea e...nd...deslst
0
(3-) .......Nppeals rn-witbe 4 ...in accordance with ...these ....:l ules.....and /asliing",i law-, and....,Shall
..
not l-eow4dered 11 e& until ....recei- , d irl....:WrIting..1 the C1+inf4.. x&rnrrier 41...41e ear ° °.ity.
ei°..secretaryr°tl�e
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.
Civil Service Rules... k+� .e4 >Vi H4h F 200AW—ok" 4 4:......1.4
Page 8
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 may 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 k4ref
examinerChief.' �� � �, 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 RC= W `,h.u.t.. 41.12 ...W......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,
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, of. No Commissioner shall
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,,_permi _� i' aid any other person, of perfait of aid in any manner any lief
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
Civil Service Rules... �4 >Vi H4h F 200AW—ok" 4 4:......1.4
Page 9
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 wilf llywillful y„ 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 ...14 e.-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, _ nd_e y s u�p�� . by ➢ tip/ 41:1 050.
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
SupportServices.....................................................................................................................................................Operations
PoliceClerk.....................................................................................................................................................
.................................................-Sefgeafit
P.a�.:.ki..ng...En4w cement...Officer...............................................................................................................................................................................................................................................................()1° Kier
Police dfaiftistr ti.:. ,,,....wS per. "i.s.................................................................................................................................................................................:Records 1,ead SeMeaPt
Civil Service Rules ,�> 'H4'x AOte a 4 4 14
Page 10
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 Eg.Tor 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 jobjob 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,lawful
PY.�.............
permanent residency, or status as a deferred action for childhood arrivals r c� ie�t�s�
.....................................�.....................................................................................................................................................................................................................................................................................................................................................,..
suitable age, honesty, sobriety and industry, shall be deemed to 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
Civil Service Rules... �4 > 'H4h' 200AW—ok" 4 4:......1.4
Page 11
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 Gorarnissicon.S. e c r..e.14.r.y
and Chief.'Examiner 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 .S.........e.......c.......r......e.......t.....wa........n........d...........C..........h.........i.....e.......f....'............x........a.......m............. .ng---a--ft-er consulting with 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 e c re-tary Ong -Chief Examiner 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 a4so
determine, after hearing the recommendations of the Appointing Authority, the
appropriate minimum qualificationsin er 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
4ptxHoting A-uth(-)r4y:�,S!pg�!-y and Chief.'Examiner. 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 Sec e ga gad Chief'Examin after consul .no with the
Sec . .... ....... i ............................... !�� ..................................................................................
Commission, shall assign the position to the class which is appropriate under the
modified circumstances.
(3) The Gorninission.S. e c r..e.14.r.y q!1A Chi e f E. a.m. i n el 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.
Civil Service Rules A,4>Vi'H4h'F 2001 )k"44 4 14
Page 12
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.
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 p (16E*i iun oule or frKwe
ne� ff..he s....4ge- w l eireH44-K+p 4W--d.inthe 4y7 e nos. bt etifr
boards in Clty ad nit+iStr tiE)I+ ilcespostin , on the City's webs t 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 elassif.:led efnpteyee and posteed + ° "feial bulletin lids
Civil Service Rules ,�>Vi H4h x Aok"44 4 14
Page 13
o - 'the dep 'i wspap.eis.e pjgyp!� within the classification f. . aament and need not be p4)4ished it ne 1 ................................................................................................................................................................
!..or e a p qj! p.�2ice officers will be p f . ...... e
..... ............... ......... i 1 ......................................................................................................... ................. _ 2yi d e.d n2li c..e o ........... s r eant
pEgj glional e x a.m...i n ali..Qns), 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 n oi�
outside Jefferson County.
Section 2. Content of Announcements. The examination or promotional announcements shall
contain:
(1) Identification and description of the position orjob 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 m-)t lityl 4-ed te� f. teation as...a pi-Aiee
Offi.eel eei-6.4eii6efl Wiff P.C.44.e.e c-44--ic ef et ca eetia r. ... ..
of....seivioea- pis an C4.41ccrOF--(-Yt11e1 spekerial skillsexperienee; of qualificationsand Y
acadern certified
...........................................................................
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 Secretm q!ld
.........................................
Chief Examiner on or before the closing date and at the location (phy.s i c al qr el e c.11.0..ni c) as 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 G7oatfaission.5 e c retary.and Chief.'Examiner may conduct pre-
employment investigations to verify the past employment record and to obtain other information
relating to the qualifications of the applicant. The GornrnissionSecretM q!ld Chief.'Examiner may
require an applicant to provide substantiation of statements or qualifications.
.......................................................................................
Section 4. General Requirements for Filing Applications.
Civil Service Rules...�4 A,4>ViH4hF 200AW-ok"44 4 14
Page 14
�) .(-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
provi ed , .......... g t .................. n..._ .l�.l�Egy by the Commission.
(2) Every person making gE application must meet the requirements as shown in the
announcement of examination for the particular position for which the applicant is
applying t .....p.Etllfggg jh!� .. minM...1 E.ocess.
(3) The =om issi p �- t ry `hief.' ��� � �-, 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 of a lawful permanent resident or a deterred action for childhood
1......................................................................_________...............................................................................................................................
and p� t who can ,spedh. read, and write the English language. (RCW
41.12.070)
Section 5. Reiection of Applicants. Thew` Secret �y and Chief xamine- or 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 facts 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 apt ifiting
authe ty pp mfin uthonty does not have the resources to conduct the background
investigation required pursuant to RCW 43.101.080. Resources means materials
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.
Civil Service Rules... �4 >Vi H4h F 200AW—ok" 4 4:......1.4
Page 15
(8) That the applicant used or attempted to use political pressure or bribery to secure an
advantage in testing or appointment.
2D ................................... l applicant 1 �1s to Till out the ,��licatipn 1on'n lull. and/or correctly...:..
Section 6. Postponement and Cancellation of Examinations. Any examination may be
postponed or canceled at the discretion of the ommissiowSecr-etar and :'hiefExaminer. In any
case the Commission and each applicant shall be notified of the postponement or cancellation.
...............................
Section 7. Reiected 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
.4)4-nmission officein the 1or�rn.....pri�,r'na y s� b!�ritt � or by emaifl n corrections to the City s l l uman
.R.esou ces 12epar�me l at any time prior to the date of the examination. Any person whose
application has been rejected by the Secretaly A_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 � and _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; par tieularty these related sex-
afrd disabilitye. 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) f;x-aryrrfr tiEH-iReasonal,!e adtustments to or accommodations n the,examination
procedures wi4m. .. wy be Enodified to-acelEwi .ate disatAedm ade fgE persons wrtll
is, b.,i Ii1i sconsistent with the provisions of the Americans /i-th.wi hl . Disabilities Act.
1?. ).,.
Civil Service Rules ,�> 'H4'x Aok"44 4 14
Page 16
(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
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 p.:..1 . :.y..._ .1 _g��..._ ql�plicat ...:for � nst ating.
.................................................... .
y,meet minimum qualifications and other requirements for the class as
stated in the specification and as set forth in the announcement.
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.
Civil Service Rules... �4 >Vi H4h F 200AW—ok" 4 4:......1.4
Page 17
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.w i tlh Disabilities Act.
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
aft*eable Dopartnlefit.0 ity and shall remain the custody of the app4ea—1 Ae Dep.a4facFACIty.
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 Secretary __and 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.
Civil Service Rules... �4 >Vi H4h F 200AW—ok" 4 4:......1.4
Page 18
(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
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 Upl4b.I e law.
Section 10. Establishing Answer Key/ Challenge to Test Answers. When the nature of the
examination permits, the Commission may provide a_candidat.e. th..e.oMgg.!!i1Y for a review b-y the
..... .....
eandidate 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 G71+ief
.[.xatnit'ierwitl,lilise,venday-,,-of'(Iommission,via_theCit Clerk's Office, not later than 5M pra on the -- -------- ..... . . . . . . ..................... ................ y -------------------------- ........................... . ........................................................................................................................... ...........................................................
seventheat e d d I ................................................................................. .9 the date of the exam- -and shall--b-&-e�sidered by the CofnfnissiofW7 lf�
li�Eg tt n h I Bey of.'such wii e c at e,jnf timetv submitted. the Commission is satisfied as to the
................................................................................... . ................ ............................... ...... ;�L ...................................... . ..... ....... . ........................... . .
validity of the candidate's px-yi-nt o-f vie- wchallem, 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 takifighg parti "
9.ns
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 ow - n 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 Se.creta�y
................ ................................ . ...
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 Seclj�!M gild Chief
......... .............. .................
.E..x aM i n e..r qr 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.
Civil Service Rules...�4 A,4>ViH4hF 200Aw-ok"44 4 14
Page 19
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
.M Continuous Testing Eligibility. The Secretary/Chief Examiner,
following approval by the Commission, may establish any 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 eiwtwo
calendar yearye ars.. 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 &1W y-eo
calendar.....y years 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 or upon the written notification of another public safety employer or an
entity providing subscription testing.
RULE 7 -SUBSCRIPTION TESTING SERVICES
Civil Service Rules ,�>Vi H4h 2 Aok"44 4 14
Page 20
Section 1. Subscription Testing Services Authorized. The secretary Ci�w , 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 gljLhjf.'Exarniner shall verify that the
..........................................................................
Subscription Testing Service provides qualified testing resources that are content valid and job -
related.
Section 4. Certification
Each applicant certified as a qualified candidate by the Subscription Testing Service shall be
reviewed and approved by the Gorninissi onSecret and Chief.'Examaier 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) ................................. B-�--ff+e4efl or of eve4-; the....G7-efflffi ror d tc-�---rh-e -Seef-etary.
the FeVreW and &Pt.)FOVal Of-eandidate S.U-Pon Such detegatrEft OIC SeCfCtff�L
41alt vcrif'y that eandid-ates foi--pl- eefae. fit on -the eligible reg4stef Fne. et the
rnifAII+u-II+-e4grbr[4y
(3-) G'andidates quasti-fred f.4 pffsuant t&dw pfE*.%edures estab4slled irl
ih--R-44) . ....1. s :n.e.d &-,,,ef�ar-ate reg-4-4er7 e-f-iti-4-ed
Pro-Vrded5410WeVef-;-Ihat cal A- iddates rejected 19-y the C�OMMiS4&+I kW 1-� IK-A
......... iniri--a4 &,,-al-rtff4 en.,
riot -responding to -the Aptmoting autt for
6ef+5i&F&fi 0.- H..7shall..l0 the elig,4-14-e I:egi-ireer,-
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 CommissionS e g.r..el.a.!y and Chief
2iqM i n e..r.. 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 G7oatfaissran. .............. r...........a...lY and„ Chi e..... f ..x........... ........ .n e..... l.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.
Civil Service Rules...�4 A,4>ViH4hF 200AW-ok"44 4 14
Page 21
(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, s ctionSection 2 the
ors missi nSecr to y_ n _ Chief.'Ex � �: may also establish and maintain s arat
lateral and a a � y certified 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
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.
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
Civil Service Rules... �4 > 'H4h' 200Aw—ok" 4 4:......1.4
Page 22
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 `ommis,A3i(-)n `h f.° � xam� net- open
promotional exams to candidates outside the classified service under any of the
following circumstances:
kf. 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 Lists4, rI - The duration of an employment list er
l°e�np1o�is limited to six (6) months from the date the list was
established. An employment list of latefg efployment list maybe extended not to
exceed an additional six months if, in the opinion of the mmissio��`�ecr t �-wy n
.Ch el :hx ine , the best interests of the classified service would be served thereby.
An employment listalso be canceled when it contains
less than three,,,,, Ii gibles. Except for individuals on layoff status or returning from a
one-year leave of absence, eligibles feiyiaining.w lho rem ai n. on the employment list
when the list expires or is canceled may be Fe.. ,s- .Ie s.t.e d. in order to be placed on
the new employment list.
O (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.
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Page 23
(1) The Gorninission.S.r 14..y..._ ....Chif .E. l may remove a name from a list
permanently or temporarily for any of the reasons set forth in Rule 5, eetn -1SCtions
4 and 5, and for the following reasons:
(a:) Certification and appointment to fill a classification position.
(b: Failure to respond within ten days fi orn the date 01°railing to a written inquiry
of the ` e..cr 4aandChief Examiner,„ r a"j!� g, 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 C�ofnmis 4EH+ nay, ,&E*isidef Faitigating
.i.reufn-stanne e s....
(e.) Failure to report for duty within the time specified by the Appointing
Authority.
(f) Expiration of the term of eligibility on the list.
Failure to maintain a record of .hifi/hert l k 6a( e',s current addresscontact
information 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.
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.
(1. 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.
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Page 24
(2) Notification of those whose name is removed from a list shall be promptly made by
the.5 e cre. I wy..._ and Chief Examiner in writing.,.... all .... jailed.... -the.....address.... :.... eerd....:wi-th
the ` vil Ser4ee 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 iuiel 9xa&uniFier Commission specif.yung llde reasons tlhe pers.o .
should be restored to the list. The reu 1 nest for restoration e 41w t+a�ryue to -the list. The request must be
...................................................................................................................................................................................................................................................1
postmarked withift, hand delivered r e ��uu� led n later than 15 calendar days : �=na ling 1 after the
yorn ui� siou ol: notice of removal was em iled off- mailed by th ecretar end Chief Exar urn �:, off:
del gate, o behal o1 the Commission.:.. The Fe st fnwit spe��iky the...reaset+s advanced f.' the
requested t:estotation he �ela!,Y._ ....Chief Examiner--s�;ubject-k-)-al- .. al to the Commission; shall
determine whether evidence submitted juustifiedi! stifies approval of the request. r 'lie =om ission
end if so may restore the name to the employment list. The `� �„ � Hwy„ and ylh f.° ��� � �-'s
...... .........
determination shall be pL2yide� to the person se�:ulcing restoration m u�utunz'f and such determination
.......raw ...
uay e ap„paled to tiue 'omu� scion by tiu person s� t ing restoration cons ste-ni-with the.
requirements of this Section.
Section 5. Availability of Eligibles. It shall be the responsibility of the eligi-bl-esan eligible to notify
the Commission.5 e cretary and Kiel Exau n r in writing of changes in addiessto tlde eligible ,s
contactinformation, or other changes that may affect availability for 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 te-not_lo 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
erns ui siou 1 J e F Ex all.] Jner-. 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.
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Page 25
(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-.latefal list(5) 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
`emmissi-enSec etary and_ `hf.° xamine - 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.
(5) Action Required of Appointing Authority. .R.elor 01° ctio�s tkn c eil�ed
cli$;il�les...b�,1 ... l ingb :e rd ; in the r-ee 4s 4 4.w.
G ntyiissi + Fair consideration must be given to all names certified. The following
actions by the Appointing Authority or his/her designee are allowed &r-eg red:
(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:
i i.. Decline or otherwise waive consideration.
2i. 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.
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Page 26
Notify the Glom issi Chief Exa Miner of each selected candidate and as a
condition of and prior to appointment, request a p21yg„ vl medical
exam, ��ugst en.�.and a p'iycl�-411e ex.afn-.:. rii:y.psychological sutal4li-tye
fer app. :. ° Itrylefit as a-elenditi f- 0— f efn-pl-oyfnent: Request a l ygffal i
examexam..
(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 pr...otherwise ...s�Lg� p! 12
removal under these Rules.
.................................................................................................................................................................................
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
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 t- l)artryiefitsf.pa'tt t, 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 or candidates on the ern to lnent list are not i nm diatel
p.............v............................................................(......,D.................................................................................................................................v..
available or gygfi ed to fill„ the p stlIg , 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
Civil Service Rules... �4 >Vi H4h F 200Aw—ok" 4 4:......1.4
Page 27
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 or in these Rules for employees taking a leave of absence for one year under Ruie
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.
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 (.4i ,,4-Sen,4,&e 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.
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Page 28
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.
,Sect n-12. Di o l itf 1�1 tnw is An employe; t � -poi--arify disabled; not to -exceed three (3).
fnoi+tlis, as a-resau4t ot, aru....EH ....or o11:-tlue-4t&in1:........or.....44=ief,&5--may....be-returned to -duty at l as4gfled
pe. r°ti-o : f.. ° .... ° . 0- .g r th d ti r..:. ;:�t4h - t-1 y ' b e � � �
ouu-t4de the euat) l-oyee'siob class eoi+4sterit W44 tlte--phy,,4eal ° ° y. &tA__(ttu,a&lit. ica-tiou+s 0441
erfliul-oYee.....w`Su h tef ap orark assignmef its fnay...l-m-ade.... 1....4ei+ otregu4aar 4-vil-Ser4ee a sl ointfn-efit
l .. =°cd es.....:la and 4the diliC retiaK+..
......... rl he...erriplr ee s4alll be returned ...to-a-positi( --in the- .; -ptoyee's re4-,u1ar--71, S416a6EHT
when f4iysi-eaelly....at-4e to -peal' tl ...dulief, 441w reassignments, rn-ay� be ex4efided
lor....a-dditicH+aal tl=uree (3)-..rnEwtlu...1)er° s sup�t � r; .e:.w...1 ...:� 1 ornrrui� si u: 1 cisiou s made relati.:.
tca4l1-lli setiu shall be......., � d..:upar "wi ueeeff s and..../oy.l.'.s.
4uy4eiafus....Faiture :..tlw employee to-("ain-and ca) w-4+-s-tR4,i medical e,�,aalauatl&n shalt be
,Seen° - 1-S&Section 12. 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:
(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 1413. 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
Civil Service Rules... �4 >Vi H4h F 200Aw—ok" 4 4:......1.4
Page 29
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 ®f4, 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 W5. 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
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.
Civil Service Rules ,�>Vi H4h x Aok"44 4 14
Page 30
(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
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;
Civil Service Rules... �4 >Vi H4h F 200AW—ok" 4 4:......1.4
Page 31
(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;
(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.
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Page 32
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
(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
Civil Service Rules... �4 >Vi H4h F 200Aw—ok" 4 4:......1.4
Page 33
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.
n employee that is terminated pursuant to this subsection may retu rn to a former posifon or
.... __ ....
otherwise u� ntunu� eu�p�p� gD! with the d ,partmen __so lon as_v hat option is allowable under these
Rules.
..........................................
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
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.
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Page 34
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;
(d7) 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.
(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.
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Page 35
:(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. ................... CityAssistance.
J=�
AI1 nplowyees of the Police 1) art e t Iluman Resou c s an t e C 1Y
................................................................... ....... ...... !M .................. ! n ....... ............... ............................ .... E !P . ...... . ................ d h i Clerk shgjj qi dJ nal. 1. pEQP!eK
YM.s j.n 2!ij jhpsp.......R...........u........l.e.s..........a.......n........d....r.e.......l.....a.......t.....e.......d......R...........u........l.....e.......s.... .s.......inky b gA2p jgA gLd ame
Pg . �. !ly..,.......a.......n........d..
shall afford the Commission all reasonable facilities and assistance in e tin a I
...... ........................................................................................................................................................................................................................................................................... .................................................................................................................................................................. . P- I
. ................ M.�M 9 119 ..................... public r e g.ord s..
relatrelated to the Commissro or any Cg! ! issioner, orb the Chief Examiner actin on behalf 'ofthe
ed n ................ .................................................... ............... Y ------------- a
Commission.
I.I.) .............................. Ifthe Commission finds that a p.��.2!jjjLaction was discri"minat or that a removal.,.,
....................................................................................................................................................................................... ......................... ......... .... . .................................................. . ........................................................ M.1 ......................................................................................................... ...........
su5pp!jsion, or demotion was not taken for cause for other than a visional or initial
........................... ............................................................................................................................................................................................................................ . . . . . . . . . . . . . .................................................................................. ---- RE ...............................................................................
evaluation ..e. mployee, the Commission may orb qppEgpjat r I d_includ"n but not limited to:
..... ..... .. ..... .......... ........ ....... .............................................................................................................. ------ pi
..... . . . . ..................... ....................................................................
(q) Cease and desist,
........................................................................................ I
Corrective action such as referral for employment, traiam&jWediate
reinstatement or reemployment- restoration of lost wages, restoration of lost
service time, and eXDunae ent and sealing of records.
M9
and reaching a mutual settlement prior to Commission action.
................................ must be filed in accordance with these Rules and..Wash . n on law and shall
--------- ------- -------- ............. 1 151 .............................................................................................................
not be considered filed until received in writinu by the Citv Clerl .
e cl i.o i i 5.1—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 ExafnineiC...........o.........m.........r.m.........s..s"..o........n, via ..t.....he 0-tY
Clerk, a written appeal of examination results Within Seven (4 days ether the
............... ...................... .
12Y P gath—e seventh, .1., .1 o.w. i.nathe date of the,
... ...... ..... ...... .... ...... ........ . ...... ..... ..... .. .. .... ........ ..
administration of that portion of the test being appealed.
The date of the.S. g�re . ...... a..n d Chief Examiner's decision after such appeal.
..... ..... .... ..... ...... .....
(c.) The reasons why the candidate believes that the decision by the Sec!Kjqy gDA
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
Civil Service Rules...�k+�.e4 A,4>ViH4hF 200AW-ok"44 4 14
Page 36
was not treated in an equal and fair manner, or that the portion of the test being
appealed was invalid.
(&) The corrective action being requested.
(2) Such appeal must be filed within fifteen (15) days from the date of the Se „1,wy
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 pufp ES--E this Se tiofl.
(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 5z ,,;A1 al fro,,, 41,e val„front- i�,7„ dim �nent,,��ist® C�r� lid ibis whose na has b ra
rep....:.. d lren+a�:.t-e�=npl-oy IeT-IIst....rwt -_a _ .,a.1 tag tl� � � ��ni,s,siou� for..... ;co*1SidefatiOfl` uell appal..
n Ht-b fi-le44 6*g-- lthin....:4- ,a ( k .....yia : ..� r.... date4 re ll'1
decision Nvith respect to any ---such a- al shall be --Final and connolusiv-efl A„i,;li a aID f om Remo v a.,!..
k.p .....:1'% . M.DA:is.®...... e �A�.Section�bov .�..........._
Section". Appeal from Examination Reiection. Any applicant whose application for admission
to an entrance or promotional examination has been rejected may appeal to the Commission for
consideration of his.o p _dell „qualifications. The Commission shall consider such appeal, if filed,,,;via
ih!p„ Lit� J„ '_s„ Q!t in writing within ten (10) days after the date on which notification was
mailed o1 e...:. nail e d 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 `. Anneal from Physical Abilities Testing or Psvchological/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)king,;, days from the date notification
is made of such preliminary determination by an Appointing Authority, to appeal in writing to the
Civil Service Rules... �4 >Vi H4h F 200Aw—ok" 4 4:......1.4
Page 37
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.
(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 calm r (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. Hearings Officer.
(1) The Commission shall be empowered, at the Commission's discretion, to refer any
issppd 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
Civil Service Rules... �4 >Vi H4h F 200AW—ok" 4 4:......1.4
Page 38
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 ; 10. 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.
SectiontOl . Notice of Hearings.
(1) Time and Place of Hearings. The time and place of hearings will be set by the
Commission "..lie-w_"n 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 h irper-s(-YnChail. or Hearings Officer may grant such
postponement and may, at any time, order a postponement upon its own motion.
Section 12. 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 .Q...p g.
Public Meetings Law.A c 1, Ch apte 4 2: 0 RC W
(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.
Civil Service Rules... �4 >Vi H4h F 200Aw—ok" 4 4:......1.4
Page 39
(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 II . Specific Procedures.
(1) Oaths and Subpoenas.
(a..) In the course of any investigation or hearing, the Commission or designated
Commissioner, or chief e%..aminer `h f E_x_a�� r 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 courtjudge 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
Civil Service Rules... �4 > 'H4h' 200Aw—ok" -f4 4:......1.4
Page 40
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.
(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:
(aT) 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 parry 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.
Civil Service Rules... �4 >Vi H4h F 200AW—ok" -f4 4:......1.4
Page 41
(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.
Section3I4. 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.
Civil Service Rules... �4 > 'H4h' 200Aw—ok" -f4 4:......1.4
Page 42
Section 1-41 . 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 °li-c er soffi is
recommended ruling, if any.
(7) The recording of the hearing which shall be either a verbatim written record or
mechanical recording.
Section 1-16. 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
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
Civil Service Rules... �4 >Vi H4h F 200Aw—ok" 4 4:......1.4
Page 43
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 parry 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 �'ow eeflth................................................ day of New.F .f;....2.(47
PORT TOWNSEND CIVIL SERVICE COMMISSION
ChairpFrsgh ,
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Coirimissioner
(.:'hai
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� "nu�]u��issinnef
......................................................................................................
Commissioner
Civil Service Rules ,�>Vi H4h x Aok"44 4 14
Page 44
Civil Service Rules ,�>vi H4h x Ak',4 5 4 14
Page 45