Chapter 2.36
POLICE DEPARTMENT CIVIL SERVICE COMMISSION
Sections:
2.36.050 Qualification of future applicants.
2.36.060 Residency as a condition of employment.
2.36.070 Grounds for discharge, reduction or deprivation of privileges.
2.36.080 Procedure for removal, suspension, demotion or discharge.
2.36.090 Vacancies – Probationary period.
2.36.100 Power to create positions and fix salaries.
2.36.130 Enforcement by civil action.
2.36.140 Deceptive practices prohibited.
2.36.150 Political contributions and services.
2.36.160 Duty to commence functioning.
2.36.170 Cooperation of officers and employees.
2.36.180 Appropriation of expenses.
2.36.010 Definitions.
As used in this chapter, the following terms shall have the following described meanings:
A. “Appointing power” means the city mayor.
B. “Appointment” includes all means of selection, appointing or employing any person to hold an office, place, position or employment within the city police department which is subject to civil service.
C. “City” means the city of Zillah, Washington.
D. “Commission” means the civil service commission herein created, and the term “commissioner” means any one of the three commissioners of that commission. (Ord. 587 § 1, 1986)
2.36.020 Establishment.
A. There is created within the city a civil service commission composed of three persons which shall act as the civil service commission for the city police. This commission shall be regulated by RCW 41.12.010 et seq. This civil service commission shall have powers and functions with regard to the city police department. This civil service commission shall have no powers or functions with regard to any other department or employee of or for the city, except the city police department.
B. The members of the commission shall be appointed by the mayor. The members of the commission shall serve without compensation. No person shall be appointed a member of the 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 in which he or she resides. The term of office of such commissioner shall be for six years, except that the first three members of such commission shall be appointed for different terms, as follows: one member to serve for a period of two years, one member to serve for a period of four years, and the final member to serve for a period of six years. Any member of the commission may be removed from office for incompetency, incompatibility or dereliction of duty, or malfeasance in office, or for other good cause; provided, however, that no member of the commission shall be removed until charges have been preferred in writing, due notice and full hearing having been held. The members of the commission shall devote due time and attention to the performance of the duties hereinafter specified and imposed upon them by this chapter. Two members of the commission shall constitute a quorum and the votes of any two members of the commission concurring shall be sufficient for a 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. Confirmation of said appointment or appointments of commissioners by the city council shall not be required. At any time of any appointment, not more than two commissioners shall be adherents of the same political party. (Ord. 587 § 2, 1986)
2.36.030 Administration.
The organization of the commission, the appointment of the secretary and chief examiner for the commission, and the powers and the duties of the commission shall be the same as are set forth in RCW 41.12.040, which statute, along with any amendments or additions thereto, is incorporated as part of this chapter as though set forth in full. (Ord. 587 § 3, 1986)
2.36.040 Applicability.
This chapter pertaining to civil service shall apply to all fully paid employees of the city police department, excluding the chief of police. All future appointments to and promotions within the department shall be made solely on merit, efficiency and fitness, which shall be ascertained by open competitive examination and impartial investigation. No officer affected by this chapter shall be reinstated in, or transferred, suspended or discharged from, any such place, position or employment contrary to provisions of this chapter.
All persons currently holding a position within the police department, excluding the chief of police, who have served in such position for a period of at least six months continuously, are declared eligible for permanent appointment under civil service to the offices and positions of employment which they currently hold, without examination or any other act on their part. Such persons shall not serve a probationary period and are automatically instated permanently into civil service as to the office and position of employment that such persons are currently holding.
Chief of police is specifically excluded from the provisions of this chapter and such exemption of coverage is specifically made pursuant to RCW 41.12.050(2). (Ord. 1407 § 1, 2016; Ord. 587 § 4, 1986)
2.36.050 Qualification of future applicants.
An applicant for a position with the city police department must be a citizen of the United States of America who can read and write the English language. An applicant for a position with the city police department 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 concerning the applicant shall be ascertained in such manner as the commission may deem advisable. (Ord. 587 § 5, 1986)
2.36.060 Residency as a condition of employment.
The city shall not require any person applying for or holding an office with the city police department to reside within the limits of the city as a condition of employment and the city shall not discriminate in any manner against any person because of his residency outside the limits of the city. (Ord. 587 § 6, 1986)
2.36.070 Grounds for discharge, reduction or deprivation of privileges.
The tenure of employment of each person holding an office or position with the city police department, and the grounds for discharge, reduction, or deprivation of privileges for officers of the city police department shall be as set forth in RCW 41.12.080, which statute is incorporated into this chapter as though set forth in full. (Ord. 587 § 7, 1986)
2.36.080 Procedure for removal, suspension, demotion or discharge.
The procedure for removal, suspension, demotion or discharge of a member of the city police department who is covered by the provisions of this chapter shall be as set forth in RCW 41.12.090, which statute is incorporated herein as though set forth in full. (Ord. 587 § 8, 1986)
2.36.090 Vacancies – Probationary period.
Whenever there is a position vacant within the police department which is affected by the provisions of this chapter, the filling of the vacancy for that position and the resultant probationary period shall be controlled by RCW 41.12.100, which statute is incorporated herein as though set forth in full. (Ord. 587 § 9, 1986)
2.36.100 Power to create positions and fix salaries.
This chapter shall have no effect upon the power of the mayor and/or the city council to create positions within the city police department and nothing contained in this chapter shall infringe upon the power and authority of the mayor and/or city council to fix the salaries and compensations of all members of the city police department. (Ord. 587 § 10, 1986)
2.36.110 Payroll approval.
The city clerk/treasurer, mayor, or city council shall not approve the payment of or be in any manner concerned in paying, auditing or approving a salary or wage, or other compensation for services, to any member of the city police department, unless a payroll, estimate or account for salary, wage or other compensation, containing the names of the persons to be paid, the amount to be paid to each person, the services on account of which the same is paid, the services on account of which the city must pay, and any other information which, in the judgment of the civil service commission, should be furnished on said payroll, bears the certificate of the civil service commission, that the persons named in such payroll, estimate or account, have been appointed or employed in compliance with the terms of this chapter and with the rules of the commission and that said payroll, estimate or account is, so far as known to the commission, a true and accurate statement. The commission shall refuse to certify the pay of any public officer or employee whom it finds to be illegally or improperly appointed, and may further refuse to certify the pay of any public officer or employee who shall wilfully or through culpable negligence violate or fail to comply with this chapter or with the rules of the commission. (Ord. 587 § 11, 1986)
2.36.120 Leave of absence.
Leaves of absence without pay may be granted by the mayor and/or city council to any person affected by this chapter; provided, that the mayor and/or city council shall give notice of such leave to the commission. All temporary employment caused by leaves of absence shall be made from the eligible list of classified civil service. (Ord. 587 § 12, 1986)
2.36.130 Enforcement by civil action.
It shall be the duty of the commission to begin and conduct all civil suits which may be necessary for proper enforcement of this chapter and of the rules of the commission. The commission shall be represented in such suits by the city attorney for the city, but said commission may, in any case, be represented by special council appointed by it. (Ord. 587 § 13, 1986)
2.36.140 Deceptive practices prohibited.
No commissioner or any other person shall be himself or in cooperation with any person or 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 impersonate him in connection with any examination or registration of application or request to be examined. (Ord. 587 § 14, 1986)
2.36.150 Political contributions and services.
No person holding a position with the city police department which is subject to this chapter is under any obligation to contribute to any political fund or to render any political service to any person or party whatsoever, and no person shall be removed, reduced in grade or salary, or otherwise prejudiced for refusing to do so. No public officer, whether elected or appointed, shall discharge, promote, demote, or in any manner change the official rank, employment or compensation of any person under civil service, or promise or threaten to do so, for giving or withholding, or neglecting to make any contribution of money, or services, or any other valuable thing, for any political purpose. (Ord. 587 § 15, 1986)
2.36.160 Duty to commence functioning.
It shall be the duty of the commission appointed to organize and begin functioning and to begin to make rules and regulations consistent with this chapter for the purpose of carrying out the provisions hereof into effect on or before March 15, 1986. (Ord. 587 § 16, 1986)
2.36.170 Cooperation of officers and employees.
It shall be the duty of all officers and employees of the city not affected by this chapter to aid in all proper ways of carrying out the provisions of this chapter, and the rules and regulations which may from time to time be prescribed by the commission, and to afford the commission, its members and employees all reasonable facilities and assistance to inspect all books, papers, documents and accounts applying or in any way appertaining to any member of the police department affected by this chapter, and to attend and testify whenever required to do so by the commission or any commissioner. The city shall also provide the commission with suitable and convenient rooms and accommodations and cause the commission to be furnished with heated, furnished and lighted facilities, and supply the commission with all office supplies and equipment necessary to carry on the business of the commission, and supply the commission with such clerical assistance as may be necessary. (Ord. 587 § 17, 1986)
2.36.180 Appropriation of expenses.
For purposes of carrying out the provisions of this chapter, the city is authorized to appropriate from the general fund an amount not to exceed four tenths of one percent of the total payroll of those included and covered by the provisions of this chapter. (Ord. 587 § 18, 1986)
2.36.190 Violation – Penalty.
Any person who shall wilfully violate any provision of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than $100.00 and by imprisonment in the county jail for not longer than 30 days, or by both such fine and imprisonment. (Ord. 587 § 19, 1986)