Chapter 4.20
CIVIL SERVICE COMMISSION*

Sections:

4.20.010    Civil Service Commission created — Appointment.

4.20.012    Qualifications — Removal.

4.20.014    Terms of office.

4.20.016    Quorum.

4.20.020    Organization of commission — Powers and duties — Secretary.

4.20.030    Persons included — Competitive examinations — Transfers, discharges and reinstatements.

4.20.035    Noncommissioned personnel — Temporary inclusion — No vesting rights.

4.20.040    Existing positions blanketed under civil service.

4.20.045    Police Corps.

4.20.048    Initial hiring process for ALS-related fire department positions.

4.20.050    Qualifications of applicants.

4.20.060    Tenure of employment — Grounds for discharge, reduction or deprivation of privileges.

4.20.070    Procedure for removal, suspension, demotion or discharge — Investigation — Hearing — Appeal.

4.20.073    Executive sessions.

4.20.075    Right to return to civil service position.

4.20.080    Filling of vacancies — Probationary period.

4.20.090    Power to create offices, make appointments and fix salaries not infringed.

4.20.100    Enforcement by civil action — Legal counsel.

4.20.110    Deceptive practices, false marks, etc., prohibited.

4.20.120    Penalty — Jurisdiction.

4.20.130    Definitions.

4.20.300    Severability.

4.20.310    Applicability.

*Code reviser’s note: The provisions of this chapter were previously codified in Chapter 2.12, containing Ords. 932, 1068, 1101, 1293 § 1, 1385, 1876, 1964, 2124, 2146 and 2171. Chapter 2.12 was repealed and reenacted by Ord. 2581.

4.20.010 Civil Service Commission created — Appointment.

(A) A Civil Service Commission is established. The commission shall consist of three people appointed by the Mayor to serve without compensation as members of the commission. (Ord. 2581 § 3 (part), 2011).

4.20.012 Qualifications — Removal.

(A) No person shall be appointed a member of such commission who is not a citizen of the United States, a resident of the city for at least three years immediately preceding such appointment, and an elector of the county wherein he resides. No confirmation of the appointment or appointments of members of the commission by any legislative body shall be required. Any member of the commission may be removed from office for incompetency, incompatibility or dereliction of duty, or malfeasance in office, or other good cause; provided, however, that no member of the commission shall be removed until charges have been preferred, in writing, due notice and a full hearing had. The members of such commission shall devote due time and attention to the performance of the duties hereinafter specified and imposed upon them by this chapter. (Ord. 2581 § 3 (part), 2011).

4.20.014 Terms of office.

(A) Members shall hold office for a term of six years. Members whose present terms expire on December 31st shall serve until March 31st and all successive terms shall commence on April 1st. Each member shall hold office until a successor is appointed and takes the oath of office. (Ord. 2581 § 3 (part), 2011).

4.20.016 Quorum.

(A) Two members 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 under or by virtue of the provisions of this chapter. (Ord. 2581 § 3 (part), 2011).

4.20.020 Organization of commission — Powers and duties — Secretary.

(A) Immediately after appointment, the commission shall organize by electing one of its members chairperson and hold regular meetings at least once a month, and such additional meetings as may be required for the proper discharge of their duties. It shall be the duty of the Civil Service Commission:

(1) To make suitable rules and regulations to implement this chapter which are not inconsistent with the provisions thereof. Such rules and regulations shall provide in detail the manner in which examinations may be held, and appointments, promotions, transfers, reinstatements, demotions, suspensions and discharges shall be made. The rules and regulations and any amendments thereof shall be printed, mimeographed or multigraphed for free public distribution. Such rules and regulations may be changed from time to time;

(2) All tests shall be practical and shall consist only of subjects which will fairly determine the capacity of persons examined to perform duties of the position to which appointment is to be made, and may include tests of physical fitness and/or of manual skill;

(3) The rules and regulations adopted by the commission shall provide for a credit of ten percent in favor of all applicants for appointment under civil service, who, in time of war, or in any expedition of the armed forces of the United States, have served in and been honorably discharged from the armed forces of the United States, including the army, navy, and marine corps and the American Red Cross. These credits apply to entrance examinations only;

(4) The commission shall make investigations concerning and report upon all matters touching the enforcement and effect of the provisions of this chapter, and the rules and regulations prescribed hereunder; inspect all institutions, departments, offices, places, positions and employments affected by this chapter, and ascertain whether this chapter and all such rules and regulations are being obeyed;

(5) Such investigations may be made by the commission or by any commissioner designated by the commission for that purpose. Not only must these investigations be made by the commission as aforesaid, but the commission must make like investigation on petition of a citizen, duly verified, stating that irregularities or abuses exist, or setting forth in concise language, in writing, the necessity for such investigation. In the course of such investigation, the commission or designated commissioner, or chief examiner, shall have the power to administer oaths, subpoena and require the attendance of witnesses and the production by them of books, papers, documents and accounts appertaining to the investigation and also to cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the superior court; and the oaths administered by a superior court judge in his judicial capacity; and the failure upon the part of any person so subpoenaed to comply with the provisions of this section shall be deemed a violation of this chapter and punishable as such;

(6) All hearings and investigations before the commission, or designated commissioner, or chief examiner, shall be governed by this chapter and by rules of practice and procedure to be adopted by the commission, and in the conduct thereof neither the commission, nor designated commissioner, shall be bound by the technical rules of evidence. No informality in any proceedings or hearing, or in the manner of taking testimony before the commission or designated commissioner, shall invalidate any order, decision, rule or regulation made, approved or confirmed by the commission; provided, however, that 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;

(7) To hear and determine appeals or complaints respecting the administrative work of the Personnel Department, the rejection of an examination and such other matters as may be referred to the commission pursuant to the duties outlined in subsection (A)(1) of this section;

(8) Establish and maintain in card or other suitable form a roster of employees covered by civil service;

(9) Provide for, 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 as established by the city, and to provide that employees laid off because of curtailment of expenditures, reduction in force, and for like cause, head the list in the order of their seniority, to the end that they shall be the first to be reemployed;

(10) When a vacant position is to be filled, to certify to the appointing authority, on written request, the name of the three persons highest on the eligible list for the class. If there are no such lists, the commission shall make provision in their rules for provisional or temporary appointments for such positions. Such temporary or provisional appointment shall not exceed a period of six months in duration but may be extended for up to an additional six months if for any reason it cannot be determined at the expiration of the initial appointment that the position being filled by temporary or provisional appointment will in fact be vacant, such as in the instance of a position vacant due to an officer on disability leave under the LEOFF Act, or for other good cause which in the discretion of the commission warrants an additional extension of such a provisional or temporary appointment;

(11) Keep such records as may be necessary for the proper administration of this chapter.

(B) The Personnel Department through the director or the director’s designee shall perform the duties of, and serve as, the Civil Service Commission secretary and chief examiner. The duties of the secretary and chief examiner shall be to keep the records of the commission, preserve all reports made to it, superintend and keep a record of all examinations held under its direction, and perform such other duties as the commission may prescribe. (Ord. 2581 § 3 (part), 2011).

4.20.030 Persons included — Competitive examinations — Transfers, discharges and reinstatements.

(A) The provisions of this chapter shall include all full time, fully commissioned officers of the city’s police and/or fire departments except for the positions of Chief of the Fire Department, assistant Chief of the Fire Department, administrative assistant to the Chief of the Fire Department, the Police Chief and the assistant Police Chief, who because of the nature of their positions shall serve in their positions as other city department heads and assistants. All clerical, dispatchers, fire inspectors, mechanics and other employees of either the Police Department or Fire Department who are not fully paid commissioned police officers or firefighters are excluded from coverage under this chapter. The position of civil service secretary and chief examiner shall not be a civil service position. All appointments to and promotions covered by this chapter shall be made solely on merit, efficiency and fitness, which shall be ascertained by open competitive examination and impartial investigation. No person shall be reinstated in or transferred, suspended or discharged from any such place, position, or employment contrary to the provisions of this chapter. (Ord. 2581 § 3 (part), 2011).

4.20.035 Noncommissioned personnel — Temporary inclusion — No vesting rights.

(A) In recognition of a decision by the Washington State Court of Appeals for Division III, the City of Redmond determines it to be in the public interest to provide for temporary inclusion of noncommissioned personnel of the Police and Fire Departments in the civil service system.

(1) Until such time as the Washington State Supreme Court or State Legislature determines that a city’s civil service system is not required to include noncommissioned personnel, all regular, full-time, noncommissioned personnel of the Police and Fire Departments who are not covered by Section 4.20.030 as commissioned or uniformed officers of such department or excluded from coverage by such section, and the incumbents holding such positions as of the effective date of the ordinance codified in this section, are hereby included in the civil service system established by this chapter.

(2) The City reserves the right to remove noncommissioned personnel listed above whether incumbents in the position or persons hired after the effective date of the ordinance codified in this section. Such persons hereby are notified that their positions are subject to removal and no vested right shall be created by their temporary inclusion in the system or their removal from the system. Such persons are included in the civil service system and shall be hired, disciplined or removed from the system only in accordance with the provisions of this chapter until the City Council in its sole discretion deems it appropriate to remove such positions from civil service coverage.

(3) The Civil Service Commission is authorized to delegate the design and administration of the testing process for clerical positions to the City of Redmond Human Resources Department under the supervision of the Commission’s Secretary/Chief Examiner. (Ord. 2581 § 3 (part), 2011).

4.20.040 Existing positions blanketed under civil service.

(A) For the benefit of the public service and to prevent delay, injury or interruption therein by reason of the enactment of this chapter, all persons having completed probation and in the Police or Fire Department are hereby declared permanently appointed under civil service to the offices, places, positions or employments which they shall then hold respectively, and not on probation; and every such person is hereby automatically adopted and inducted permanently into civil service, into such office, place, position or employment which such person then holds even though that office, place, position or employment is not subject to the civil service requirements of this chapter. (Ord. 2581 § 3 (part), 2011).

4.20.045 Police Corps.

(A) The Redmond Police Department is hereby authorized to participate in the Police Corps Program established by Title XX, Subtitle A of the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. §§ 14091, et seq.

(B) Candidates for the Police Corps Program, sponsored by the City of Redmond, shall be reviewed and approved by the Civil Service Commission, the Mayor, and the Police Chief prior to sponsorship.

(C) Police Corps candidates shall be subject to all requirements of employment qualification, including but not limited to, background testing, polygraph, and other evaluations (collectively “testing”). Testing may be employed both prior to sponsorship and following completion of the program.

(D) Following approval of sponsorship by the Civil Service Commission and the Police Chief, a candidate may be sponsored by the City. Upon successful graduation from the Police Corps, certification by the Washington Criminal Justice Training Commission, and completion of all testing, the candidate shall be employed as a probationary employee of the City subject to 42 U.S.C. § 14096 and regulations applicable to all law enforcement officers of the City. (Ord. 2581 § 3 (part), 2011).

4.20.048 Initial hiring process for ALS-related fire department positions.

(A) In order to implement a Memorandum of Understanding between the City of Redmond and the Redmond Fire Fighters Union No. 2829, the Civil Service Commission is hereby authorized and directed to adopt rules allowing for the transfer of employees of Evergreen Healthcare to the Redmond Fire Department in order to fill the positions of Fire Fighter-Paramedic, Medical Services Director, Medical Services Administrator, and Administrative Assistant, as created by the City and as necessary for the provision of Advanced Life Support Medic One Services on or after January 1, 2003.

(B) The rule or rules to be adopted by the Commission shall provide for the establishment of an eligibility list for the newly created positions composed of all persons currently employed as Evergreen Healthcare Paramedics, Paramedic Trainees, Medical Services Officer, Medical Services Administrator, and Administrative Assistant who apply to be on such list and who meet the minimum qualifications for the position applied for.

(C) The rule or rules to be adopted by the Commission shall establish testing procedures and a hiring process consistent with the Memorandum of Understanding referred to in subsection A of this section. Eligibles shall be ranked on the eligibility list as provided in the Memorandum of Understanding.

(D) The rule or rules to be adopted by the Commission shall contain provisions regarding probation for employees who transfer their employment from Evergreen Healthcare consistent with the Memorandum of Understanding.

(E) The provisions of this section authorizing the transfer of Evergreen employees to City of Redmond employment shall apply only in the case of the initial establishment of an eligibility list for the newly created positions and the initial hiring of persons to fill those positions. In the event that less than a sufficient number of qualified applicants from Evergreen Healthcare are available to fill the number of positions necessary to staff the ALS program, the Commission shall establish a lateral entry process to fill such positions. Once all positions have been filled initially, the filling of subsequent vacancies shall be as otherwise provided in this chapter or in the Commission’s rules and regulations, unless the applicable provisions of the collective bargaining agreements and memoranda of understanding between the City and the Redmond Fire Fighters Union otherwise provide. (Ord. 2581 § 3 (part), 2011).

4.20.050 Qualifications of applicants.

(A) An applicant for a position of any kind under civil service must be a citizen of the United States of America who can read and write the English language.

(B) An applicant for a position of any kind under civil service must be of an age suitable for the position applied for, in ordinary good health, of good moral character and of temperate and industrious habits; these facts to be ascertained in such manner as the commission may deem advisable. (Ord. 2581 § 3 (part), 2011).

4.20.060 Tenure of employment — Grounds for discharge, reduction or deprivation of privileges.

(A) The tenure of everyone holding an office, place, position or employment under the provisions of this chapter shall be only during good behavior and any such person may be removed or discharged, suspended without pay, demoted, or reduced in rank, or deprived of vacation privileges or other special privileges for any of the following reasons:

(1) Incompetency, inefficiency or inattention to or dereliction of duty;

(2) Dishonesty, intemperance, immoral conduct, insubordination, discourteous treatment of the public or a fellow employee or any other act of omission or commission tending to injure the public service; or any other willful failure on the part of the employee to properly conduct himself; or any willful violation of the provisions of this chapter or the rules and regulations to be adopted hereunder;

(3) Mental or physical unfitness for the position which the employee holds, subject to the City’s obligations, if any, for reasonable accommodation as required by the Americans with Disabilities Act;

(4) Dishonest, disgraceful, immoral 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, which precludes the employee from properly performing the function and duties of any position under civil service, subject to the City’s obligations, if any, for reasonable accommodation as required by the Americans with Disabilities Act;

(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 commissioners is sufficient to show the offender to be an unsuitable and unfit person to be employed in the public service. (Ord. 2581 § 3 (part), 2011).

4.20.070 Procedure for removal, suspension, demotion or discharge — Investigation — Hearing — Appeal.

(A) No person in the classified civil service who has been permanently appointed or inducted into civil service under provisions of this chapter shall be removed, suspended, demoted or discharged except for cause, and only upon written accusation of the appointing authority or any citizen or taxpayer; a written statement of which accusation, in general terms, shall be served upon the accused, and a duplicate filed with the commission. Any person so removed, suspended, demoted or discharged may, within ten days from the time of his removal, suspension, demotion or discharge, file with the commission a written demand for an investigation whereupon the commission shall conduct such investigation. The investigation shall be confined to the determination of the question of whether such removal, suspension, demotion or discharge was or was not made in good faith for cause. After such investigation, the commission may affirm the removal, or if it finds that the removal, suspension or demotion was made for political or religious reasons, or was not made in good faith for cause, shall order the immediate reinstatement or reemployment of such person in the office, place, position or employment from which such person was removed, suspended, demoted or discharged; which reinstatement shall, if the commission so provides in its discretion, be retroactive, and entitle such person to pay or compensation from the time of such removal, suspension, demotion or discharge.

(B) All investigations made by the commission pursuant to the provisions of this section shall be by a hearing before the commission, or before another official appointed by the commission pursuant to its rules. The hearing may be held in executive session pursuant to Section 4.20.073 of this chapter. The accused must receive reasonable notice of the time and place of such hearing. At the hearing the accused shall be afforded the opportunity of appearing in person and by counsel, and presenting his/her defense. If such judgment or order of removal, suspension, demotion or discharge is concurred in by the commission or a majority thereof, the accused may appeal therefrom to King County Superior Court. Such appeal shall be taken by serving the commission, within thirty days after the entry of such judgment or 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 such judgment or order be filed by the commission with such court. The commission shall, within ten days after the filing of such notice, make, certify and file such transcript with such court. The court of original and unlimited jurisdiction in civil suits shall thereupon proceed to hear and determine such appeal in a summary manner; provided, however, that such hearing shall be confined to the determination of whether the judgment or order of removal, discharge, demotion or suspension made by the commission was or was not made in good faith for cause, and no appeal to such court shall be taken except upon such ground or grounds. (Ord. 2581 § 3 (part), 2011).

4.20.073 Executive sessions.

(A) Nothing contained in this chapter may be construed to prevent the commission from holding an executive session during a regular or special meeting:

(1) To conduct investigations and hearings and to receive and evaluate complaints or charges brought against a city official or an employee. However, upon the request of such official or employee, a public hearing or a meeting open to the public shall be conducted upon such complaint or charge.

(2) To discuss with legal counsel representing the commission matters relating to commission enforcement actions, or to discuss with legal counsel representing the commission litigation or potential litigation to which the commission, the city, or a civil service commissioner acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the city.

(3) As otherwise permitted by the State Open Public Meeting Act, Chapter 42.30 RCW.

(B) Before convening in executive session, the chairperson of the commission shall publicly announce the purpose for excluding the public from the meeting place, and the time when the executive session will be concluded. The executive session may be extended to a stated later time by announcement of the chairperson. (Ord. 2581 § 3 (part), 2011).

4.20.075 Right to return to civil service position.

(A) Whenever a person who has been permanently appointed or inducted into the civil service is promoted or otherwise transferred from a civil service position to a noncivil service position, such person, upon being demoted or otherwise transferred out of the noncivil service position, shall, unless waived, have the right to return to the civil service position and rank held at the time of transfer to the noncivil service position. (Ord. 2581 § 3 (part), 2011).

4.20.080 Filling of vacancies — Probationary period.

(A) Entry Level and Lateral Entry.

(1) Police.

(a) Whenever an entry level position in the police department shall be or become vacant, the appointing authority, if it desires to fill the vacancy, shall make a request to the Commission for the names and addresses of the persons eligible for appointment as provided on the current eligibility list. The Commission or its Chief Examiner shall certify the names of the three persons highest on such list.

(b) If there is no entry level or lateral entry eligibility list for the position, the Commission shall either establish such a list as provided in this chapter or shall otherwise determine what list shall be deemed appropriate for such class.

(c) If more than one vacant position is to be filled, the appointing authority may request a new certification for each appointment to be made. The Commission or Chief Examiner shall, for each successive request, certify the three highest eligibles.

(d) The appointing authority shall, after review of the persons so certified, appoint one person to each such vacant position. If any person certified by the Commission is removed from the list or otherwise requests to not be considered for appointment, the Commission shall forthwith certify the next highest persons on the list to replace those removed. The Commission, in their rules, shall establish a procedure for removal of names from the eligibility list either prior to or subsequent to certification to the appointed authority.

(2) Fire.

(a) Whenever an entry level position in the fire department shall be or become vacant, the appointing authority, if it desires to fill the vacancy, shall make a request to the Commission for the names and addresses of the persons eligible for appointment as provided on the current eligibility list. The Commission or its Chief Examiner shall certify the names of all persons achieving the top three scores on the examination, regardless of tie.

(b) If there is no entry level or lateral entry eligibility list for the position, the Commission shall either establish such a list as provided in this chapter or shall otherwise determine what list shall be deemed appropriate for such class.

(c) If more than one vacant position is to be filled, the appointing authority may request a new certification for each appointment to be made. The Commission or Chief Examiner shall, for each successive request, certify the names of all persons achieving the top three scores on the examination, regardless of tie.

(d) The appointing authority shall, after review of the persons so certified, appoint one person to each such vacant position. If any person certified by the Commission is removed from the list or otherwise requests to not be considered for appointment, the Commission shall forthwith certify the next highest persons on the list to replace those removed. The Commission, in their rules, shall establish a procedure for removal of names from the eligibility list either prior to or subsequent to certification to the appointed authority.

(B) Promotional Appointments.

(1) Police.

(a) Upon being advised by the appointing authority of a vacancy in a promotional position within the police department, the Commission or Chief Examiner shall promptly certify the three highest ranking persons on the current promotional eligibility list for such vacant position, provided, that where two or more eligibles have the same score on the eligibility list, they shall both be certified in giving equal consideration.

(b) If there is no current list of eligibles, the Commission or Chief Examiner shall call for examinations in accordance with this chapter and the adopted rules of the Commission, or shall otherwise determine what list shall be deemed appropriate for such position. If more than one vacancy is to be filled, an additional name shall be certified for each additional vacancy. The authority for making the final decision as to the method of filling the position will be vested in the appointing authority as controlled by this chapter and the Commission’s rules.

(2) Fire.

(a) Upon being advised by the appointing authority of a vacancy in a promotional position in the fire department, the Commission or Chief Examiner shall promptly certify the three highest ranking persons on the promotional eligibility list for such vacant position. Where two or more persons have the same score on the eligibility list, the tie shall be broken using department seniority.

(b) If there is no list of eligibles, the Commission or Chief Examiner shall call for examinations in accordance with this chapter and the Commission’s rules. If more than one vacancy is to be filled, an additional name shall be certified for each additional vacancy. The appointing authority may appoint one of the top three persons to fill each vacant position.

(C) Temporary, Provisional, and Emergency Appointments.

(1) Emergency Appointments. To meet the immediate requirements of an emergency condition which threatens life or property, the appointing authority may appoint any person or persons whom the appointing authority may be legally empowered to appoint without restriction of civil service law and rules. Such employment shall be limited to the duration of the emergency period, which usually should not exceed sixty (60) days.

(2) Provisional Appointments. Provisional appointments may be made in accord with Section 4.20.020(A)(10) of the Redmond Municipal Code. Whenever requisition is to be made, or whenever a position is held by a provisional appointee and an eligible list for the class of such position exists, the Commission shall forthwith certify the names of the persons eligible for appointment to the appointing authority, according to the provisions of Subsections (A) and (B) above, and the appointing authority shall appoint one person so certified, provided they are found to in fact be qualified, to the vacant position.

(D) Probationary Period. To enable the appointing authority to exercise a choice in the filling of positions, no appointment, employment or promotion in any position in the fire or police departments shall be deemed complete until after the expiration of a period of one year of probationary service, in the case of commissioned personnel, Police Support Officers and Communications Dispatchers, and six months of probationary service in the case of all other non-commissioned personnel, as shall be provided in the rules of the Civil Service Commission during which the appointing power may terminate the employment of the person certified to him/her, if during the performance test thus afforded, upon observance or consideration of the performance of duty, the appointing authority deems him/her unfit or unsatisfactory for service in the department, whereupon the appointing authority shall designate one of the persons certified as provided in Subsections (A) and (B) above for appointment. Such person or persons shall likewise enter upon the duties of the position until some person is found who is deemed fit for appointment, employment, or promotion for the probationary period provided therefor, whereupon the appointment, employment or promotion shall be deemed to be complete. The Commission shall provide the procedure in its rules for extending probations for up to an additional six months if requested by the appointing authority. (Ord. 2581 § 3 (part), 2011).

4.20.090 Power to create offices, make appointments and fix salaries not infringed.

(A) All offices, places, classifications, job descriptions, positions and employments coming within the purview of this chapter shall be created by the Mayor and City Council or Mayor or whoever otherwise is vested with power and authority to select, appoint, or employ any person coming within the purview of this chapter, and nothing contained in this section shall infringe upon the power and authority of any such person or group of persons, or appointing authority, to fix the salaries and compensation of all employees employed hereunder. (Ord. 2581 § 3 (part), 2011).

4.20.100 Enforcement by civil action — Legal counsel.

(A) It shall be the duty of the commission to begin and conduct all civil suits which may be necessary for the proper enforcement of this chapter and of the rules of the commission. The commission shall be represented in such suits by the chief legal officer of the city, or his/her designee, but the commission may in any case be represented by special counsel appointed by it. (Ord. 2581 § 3 (part), 2011).

4.20.110 Deceptive practices, false marks, etc., prohibited.

(A) No commissioner or any other person shall, by himself or in cooperation with one or more persons, defeat, deceive, or obstruct any person in respect of his right of examination or registration according to the rules and regulations of this chapter, or falsely mark, grade, estimate or report upon the examination or proper standing of any person examined, registered or certified pursuant to the provisions of this chapter, or aid in so doing, or make any false representation concerning the same, or concerning the person examined, or furnish any person any special or secret information for the purpose of improving or injuring the prospects or chances of any person so examined, registered or certified, or to be examined, registered or certified, or persuade any other person, or permit or aid in any manner any other person, to personate him, in connection with any examination or registration of application or request to be examined or registered. (Ord. 2581 § 3 (part), 2011).

4.20.120 Penalty — Jurisdiction.

(A) Any person who shall willfully violate any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one hundred dollars and by imprisonment in the county jail for not longer than thirty days, or by both such fine and imprisonment. (Ord. 2581 § 3 (part), 2011).

4.20.130 Definitions.

(A) As used in this chapter, the following mentioned terms shall have the following described meanings:

(1) “Appointing authority or power” includes every person or group of persons who, acting singly or in conjunction, as a Mayor, Mayor’s designee, Council or otherwise, is or are invested with power and authority to select, appoint, or employ any person to hold any office, place, position or employment subject to civil service.

(2) “Appointment” includes all means of selection, appointing or employing any person to hold any office, place, position or employment subject to civil service.

(3) “Commission” means the Civil Service Commission herein created, and “commissioner” means any one of the three commissioners at that commission.

(4) “Full paid fire department” or “full paid firefighter” means that the officers and firemen employed in such are paid regularly by the city and devote their whole time to firefighting and fire prevention activities and emergency medical services.

(5) “Full paid police department” or “full paid police officer” means that the officers and policemen employed in such are paid regularly by the city and devote their whole time to police duty. (Ord. 2581 § 3 (part), 2011).

4.20.300 Severability.

(A) If any section, subsection, subdivision, sentence, clause or phrase of this chapter shall for any reason be held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. (Ord. 2581 § 3 (part), 2011).

4.20.310 Applicability.

(A) The examination and eligibility provisions of this chapter and establishment of positions covered by civil service by the provisions of this chapter shall be effective for all appointments made after the effective date of the ordinance codified in this chapter. (Ord. 2581 § 3 (part), 2011).