Division II. Boards, Committees, and Commissions1
Chapter 2.45
CIVIL SERVICE COMMISSION
Sections:
2.45.010 Definitions.
2.45.020 Creation – Appointment.
2.45.030 Eligibility.
2.45.040 Terms.
2.45.050 Removal.
2.45.060 Proceedings – Quorum.
2.45.070 General powers and duties.
2.45.080 Secretary-chief examiner.
2.45.090 Rules and regulations.
2.45.010 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. Terms not defined here are defined according to FWRC 1.05.020.
“Appointment” includes all means of selecting, appointing, or employing any person to hold the office of civil service commissioner.
“Commission” means the civil service commission.
“Commissioner” means any one of the five commissioners appointed to the commission. “Alternate commissioner” means any one of the two alternate commissioners appointed to the commission.
“Elector” means a registered voter.
“Resident” means a person whose primary dwelling place is located in the city.
(Ord. No. 09-591, § 1, 1-6-09; Ord. No. 96-258, § 2, 1-2-96. Code 2001 § 2-46.)
2.45.020 Creation – Appointment.
There is hereby created a police civil service commission, consisting of five members who shall be appointed by the mayor to exercise the powers and perform the duties established by this chapter and by state law as set forth in Chapter 41.12 RCW in connection with the selection, appointment, promotion, demotion and employment of employees of the police department. Two alternate commissioners shall be appointed to the civil service commission by the mayor. The police chief shall be exempted from civil service, as well as a number of additional positions, designated as the unclassified service, as selected by the police chief with the concurrence of the mayor and the civil service commission as provided for in RCW 42.12.050. Volunteers, reservists, part-time, or seasonal employees of the police department shall be exempted from civil service. The commissioners shall serve without compensation; provided, however, that they may be reimbursed for expenses incurred in service as a commissioner.
(Ord. No. 10-669, § 9, 9-21-10; Ord. No. 07-567, § 1, 11-6-07; Ord. No. 98-308, § 1, 1-6-98; Ord. No. 96-258, § 2, 1-2-96. Code 2001 § 2-47.)
2.45.030 Eligibility.
No person shall be appointed a commissioner or alternate commissioner unless that person is a citizen of the United States, a resident of the city for at least one year immediately preceding such appointment, and an elector of the county in which the commissioner resides.
(Ord. No. 96-258, § 2, 1-2-96. Code 2001 § 2-48.)
2.45.040 Terms.
The term of office of the commissioners shall be for five years, except that the first five commissioners shall be appointed for different terms, as follows: One to serve for a period of one year, one to serve for a period of two years, one to serve for a period of three years, one to serve for a period of four years, and one to serve for a period of five years. The term of office for alternate commissioners shall be for two years.
(Ord. No. 96-258, § 2, 1-2-96. Code 2001 § 2-49.)
2.45.050 Removal.
Any commissioner or alternate commissioner may be removed from office for incompetency, incompatibility, dereliction of duty, malfeasance in office, or other good cause; provided, however, that no commissioner or alternate commissioner shall be removed until: (1) charges have been filed, in writing; (2) the commissioner or alternate commissioner has been personally served with a written notice of charges against him or her and with a notice of hearing; and (3) after a full hearing has been convened before the Federal Way city council. The charging party in all such actions shall be the mayor. Should any commissioner or alternate commissioner be incapacitated, resign from, or be removed from office, then the mayor shall appoint a successor to that position for the remainder of the unexpired term.
(Ord. No. 10-669, § 10, 9-21-10; Ord. No. 05-501, § 1, 9-20-05; Ord. No. 96-258, § 2, 1-2-96. Code 2001 § 2-50.)
2.45.060 Proceedings – Quorum.
(1) Three commissioners shall constitute a quorum and the votes of three commissioners shall be sufficient for the decision of all matters and the transaction of all business to be decided or transacted by the commission.
(2) Alternate commissioners shall have the right to participate in the debate and the deliberations of the commission on the regular business of the commission. Alternate commissioners shall not be part of the commission quorum and shall not move action or vote on matters coming before the commission, except as provided in subsections (3) and (4) of this section.
(3) In the event a commissioner is disqualified from participation or otherwise unable to participate in a hearing on employee discipline, an alternate commissioner shall be appointed by the commission chair to serve in the place of the absent commissioner. The alternate commissioner shall be entitled to participate fully in such proceedings, and is authorized to vote on the action before the commission.
(4) In the event that there are insufficient commissioners to form a quorum at a regularly scheduled meeting, the chair may appoint an alternate commissioner to serve in the place of an absent commissioner at that meeting. The alternate commissioner is entitled to participate fully in the meeting and is authorized to vote on actions before the commission for the duration of the meeting. For these purposes, a commissioner arriving more than 10 minutes past the designated meeting start time will be deemed absent.
(Ord. No. 05-501, § 2, 9-20-05; Ord. No. 96-258, § 2, 1-2-96. Code 2001 § 2-51.)
2.45.070 General powers and duties.
The commission shall have the powers and duties as set forth in Chapter 41.12 RCW, except as provided herein. The commissioners shall devote due time and attention to the performance of their specified duties.
(Ord. No. 96-258, § 2, 1-2-96. Code 2001 § 2-52.)
2.45.080 Secretary-chief examiner.
The secretary-chief examiner authorized by RCW 41.12.040 shall be appointed by the commission from among qualified city employees selected and recommended by the mayor.
(Ord. No. 10-669, § 11, 9-21-10; Ord. No. 96-258, § 2, 1-2-96. Code 2001 § 2-53.)
2.45.090 Rules and regulations.
The commission shall have power to make and adopt such rules and regulations as are necessary to effectuate the purposes of this chapter and Chapter 41.12 RCW; provided, however, that the commission shall have the flexibility to adopt rules different from the express provisions of Chapter 41.12 RCW which effectuate such purposes; and provided further, that such rules shall include a 12-month probationary period and a certification rule of seven eligible persons, notwithstanding RCW 41.12.100. The commission shall also have the power to make rules and regulations governing the commission in the conduct of its meetings and any other matter over which it has authority. In promotional testing the commission shall not grant service credit or priority for length of service in city employment.
(Ord. No. 05-498, § 1, 8-2-05; Ord. No. 96-258, § 2, 1-2-96. Code 2001 § 2-54.)
State law reference: Firefighters’ pension board, RCW 41.16.020.