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HomeMy WebLinkAbout2633 Removal of Fire Chief Position from Civil Service SystemOrdinance No. 2633 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTION 2.40.010, CIVIL SERVICE SYSTEM ADOPTED, CHAPTER 2.40, FIRE DEPARTMENT, OF THE PORT TOWNSEND MUNICIPAL CODE, TO REMOVE THE POSITION OF THE FIRE CHIEF FROM THE CIVIL SERVICE SYSTEM WHEREAS, in accordance with state law, the City has adopted a Civil Service program for Police and Fire Department employees through the Washington State Civil Service system, as implemented through locally adopted ordinance and Port Townsend's Civil Service Rules; and WHEREAS, the Washington State Legislature has enabled local governments to exclude the position of Fire Chief from the Civil Service system of cities; and WHEREAS, the Port Townsend City Council's Public Safety Committee, acting as "committee of the whole," held a special meeting on March 9, 1998, to hear public comments regarding the proposal to exclude the Fire Chief from the Civil Service system; and WHEREAS, the Port Townsend City Council, within its legislative discretion, has determined that the Civil Service system provides very important protections for non-management employees who provide essential life and safety services on behalf of the public; and WHEREAS, while the Civil Service system provides essential services to the City in the recruitment and employment testing for firefighters, and hears challenges or appeals, grievances, and disciplinary matters, these responsibilities of the Civil Service Commission are not necessary for the Fire Chief and can impede the City's ability to define the duties, qualifications, recruitment and selection process, performance evaluation, and discipline of the Chief. Further, the Port Townsend City Council finds that by exempting the Fire Chief from the Civil Service system, the City is providing the most responsive relationship between the Fire Chief and the Mayor, City Council, and the public in general in accomplishing City policy and managerial directives. The Council further finds that it is appropriate for the Fire Chief to be in parity with other City department heads in exercising administrative and policy direction, under the management of the Mayor, NOW, TItEREFORE, the City Council of the City of Port Townsend ordains as follows: SECTION 1. Section' 2.40.010, Civil service system adopted, of Chapter 2.40, Fire Department, of the Port Townsend Municipal Code is hereby amended to read as follows: Chapter 2.40 Sections: 2.40.010 2.40.020 2.40.030 2.40.040 2.40.050 FIRE DEPARTMENT Civil service system adopted - Fire chief excluded. Civil service commission. Retirement and pension. Enrollment in retirement and pension. Officials to comply. 2.40.010 Civil service system adopted - F'we chief excluded. The civil service system as set forth in Chapter 41.08 RCW is adopted by the city. Illmc, coxflaa~ with RCW 41.08.050; the position of fire chief is excluded from the civil service system. (Ord. § 1, 1998; Ord. 2316 § 3, 1992; Ord. 1101 § 1, 1939). SECTION 2. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances is not affected. This ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. Read for the first, second, and third times and adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 16th day of March, 1998. Juli~/~cCulloch, Mayor Attest: Para Kolacy, City Clerk~ 03/20/98 ca§[98-13]ord{2-40Fire.doc} Appro 'Tim~ rorm: t / ~a~, City Attorney DRAIVr March 10, 1998 2 Ord.