Chapter 2.68 CIVIL SERVICE SYSTEM

The general purpose of this chapter is to establish a Civil Service System for certain employees in the Police Department of the City, governing appointments, promotions, layoffs, retention, classifications, terminations and discipline, to substantially accomplish the purposes of Chapters 41.08 and 41.12 RCW. (Ord. 2221 § 1, 1999; Ord. 1444 § 1, 1980).

2.68.020 Definitions.

The following words and phrases shall have the meanings hereinafter described unless the context in which included clearly indicates otherwise:

A. “Appointing authority” means the Chief of Police with respect to all subordinate Issaquah Police Department positions included in this system and the Mayor, subject to confirmation by the City Council, with respect to the office of Chief of Police.

B. “Certify” means verify to the appointing authority that a list of names and candidates for employment has been selected from the list of persons tested and found eligible for employment.

C. “City” means the City of Issaquah.

D. “City Council” means the City Council of the City of Issaquah.

E. “Class” means a group of positions designated by the Commission as having similarity in duties and responsibilities, by reason of which the same examination may be used for each position in the group.

F. “Commission” means the Civil Service Commission hereinafter created, and the term “Commissioner” means any 1 member of said Commission.

G. “Demotion” means removal of an employee from a higher to a lower class of employment, for cause.

H. “Probationary employee” means a person appointed from a register who has not yet completed the probationary period.

I. “Provisional employee” means an employee who was appointed to a position for which no register existed.

J. “Register” means a list of candidates for employment who have passed an employment examination, whose names may be chosen and certified by the Commission for submission to the appointing authority for consideration for employment.

K. “Regular employee” means a person appointed from a register who has satisfactorily completed the period of probationary employment.

L. “Reinstatement” means reappointment of an employee to a position in a class in which the employee was employed.

M. “Suspension” means temporary withdrawal of an employee from employment with or without pay, for cause, or pending determination of charges against the employee which could result in termination.

N. “Temporary employee” means a person appointed to fill an emergency, temporary or short-term position for which no register is available.

O. “Termination” means separation from employment for cause. (Ord. 2221 § 2, 1999; Ord. 1444 § 2, 1980).

2.68.030 Jurisdiction.

The Civil Service System includes and is limited to and the provisions of this chapter apply only to the full-time positions of Patrol Officer, Sergeant, Commander and Deputy Police Chief in the Issaquah Police Department. (Ord. 2479 § 1, 2006; Ord. 2282 § 1, 2000; Ord. 2221 § 3, 1999; Ord. 2155 § 1, 1997; Ord. 1962 § 1, 1992; Ord. 1874 § 1, 1990; Ord. 1444 § 5, 1980).

2.68.040 Membership.

A. Qualifications. The selections of the Civil Service Commissioners shall be made from individuals who are citizens of the United States, residents of the City of Issaquah for at least 3 years immediately preceding their appointment, and registered voters of King County.

B. Number of Members – Terms. The Civil Service Commission shall consist of 3 members each of whom shall be appointed for a term of 6 years. Terms shall expire the first day of May of each appropriate year.

C. Appointment. Members of the Civil Service Commission shall be appointed by the Mayor, subject to confirmation of the City Council. Members shall serve without compensation. At the time of appointment not more than 2 commissioners shall be adherents of the same political party.

D. Removal – Appeal. Members of the Commission may be removed by the Mayor, with the concurrence of the City Council, for incompetency, incompatibility or dereliction of duty, malfeasance in office, or other just cause; provided, however, that no member of the Commission shall be removed until charges have been preferred, in writing, due notice given, and a hearing held before the City Council.

The decision of the City Council shall be final and any appeal therefrom must be made within 14 days of the date of decision by serving and filing an appropriate lawsuit in King County Superior Court.

E. Vacancies. Vacancies occurring other than through the expiration of terms shall be filled for the unexpired terms in the same manner as appointments above. (Ord. 2211 § 9, 1998; Ord. 1603 § 1, 1984; Ord. 1444 § 3, 1980).

2.68.050 Meetings – Rules.

A. The Civil Service Commission shall organize and elect from its members a Chair, who shall preside at all meetings of the Commission. A majority of the Commission shall constitute a quorum for the transaction of business, and a majority vote of those present shall be necessary to carry any proposition.

B. The Commission shall determine a regular meeting schedule (time, place and frequency), as necessary, but no less than once a month, and shall hold such meetings, and additional meetings as may be required, for the proper discharge of their duties.

C. The Commission shall appoint a Secretary and Chief Examiner who shall perform those duties as directed by the Commission. (Ord. 1603 § 2, 1984; Ord. 1444 § 4, 1980).

2.68.055 Staff support.

Repealed by Ord. 2341. (Ord. 2282 § 2, 2000; Ord. 1603 § 3, 1984).

2.68.060 Powers and duties of the Commission.

The Commission shall:

A. Make suitable rules to carry out the purposes of this chapter, and for examinations, appointments, promotions, transfers, demotions, reinstatements, suspensions, layoffs, terminations, and any other matters connected with the purposes of this chapter. Such rules shall be consistent with the provisions of this chapter and may be amended, modified or rescinded from time to time and all rules and amendments thereof shall be printed for free public distribution.

B. Classify for purposes of examination, all positions covered by the Civil Service System hereby established. No appointments, promotions, or transfers shall be made to or from positions covered by this system except as provided in this chapter.

C. 1. Prepare and administer examinations, which shall be graded and open to all who meet appropriate job-related qualifications, shall be practicable and consist of subjects which will fairly determine the capacity of the candidate to perform the duties of the position for which the examination is held, and may include tests of physical fitness and/or manual skill. The Commission may designate a suitable number of persons to be examiners to conduct such examinations. A Commissioner may act as examiner; provided, however, that for the position of Police Chief only, the examination process shall be subject to approval by the Mayor and Council and may include a member or members of the City Council as examiners in screening applications and in the oral interview.

2. The relative weight of the various subjects comprising the examination shall be determined in advance of administering an examination and examinations shall be graded accordingly.

3. The Commission may establish a minimum passing grade for each examination based upon the advice and recommendation of the entity which has created the test. Such passing score shall be set at a level necessary to meet minimum State and City criteria for candidates and shall be established prior to the addition of veteran’s preference as required by law. Any passing grade shall be noted on the announcement of vacancy.

4. Examinations for all classes shall be timely prepared and administered by the Commission so as to provide at all times current registers for all classes. Eligible registers shall remain in effect for a time determined by a majority vote of the Commission, but in no event shall a register remain in effect for more than 2 years.

5. The record of examination for the office of Chief of Police shall be filed with the City Council and such records shall be available for public inspection for at least 7 days prior to City Council action on an appointment to the positions.

D. Provide notice of the time and place and general scope of every examination to be held, by publication in a newspaper of general circulation in the City, not less than 10 days preceding such examination, and by posting in the City Hall and in Police Department offices for not less than 10 days preceding each examination, and by such other notice deemed reasonable or necessary by the Commission.

E. 1. Prepare from the returns or reports of the examiners a register for each class of positions in this system of the persons whose standing upon examination for such class is not less than the minimum established by the Commission.

2. Persons, when graded, shall take rank upon the register as candidates in the order of their relative excellence as determined by competitive examination with credit for military and City service as hereinafter provided.

F. 1. When a vacant position is to be filled, certify to the appointing authority, on written request, the names of 3 persons or up to 25 percent highest on the register, whichever is greater. When more than 1 vacant promotional position exists in a class, the Commission shall certify, from those highest on the eligibility list, 3 times the number of persons necessary to fill the vacant position.

2. If there is no register for a class, authorize a provisional appointment to the vacant position. A provisional appointment shall not continue for a period longer than 6 months, and no person shall receive more than 1 provisional appointment or serve more than 6 months as provisional appointee in any 12-month period.

3. If there is no register for a class, authorize a temporary appointment to the vacant position. A temporary appointment shall not continue for a period longer than 12 months, and no person shall receive more than 1 consecutive, temporary appointment.

G. Make investigations concerning the enforcement and effect of this chapter and the rules prescribed hereunder; and inspect all offices, places, positions, and employments affected by this chapter and ascertain whether this chapter and all such rules are being obeyed. Such investigations may be made by the Commission, or by any Commissioner or agent designated by the Commission for that purpose. Like investigation may be made on written petition of a person duly verified stating that irregularities or abuses exist in the administration of the Civil Service System setting forth in concise language the necessity and grounds for such investigation. In the course of such investigation, the Commission shall have the power to administer oaths, and to issue subpoenas and require the attendance of witnesses and the production of books and papers relevant to such investigation. Alternatively, investigations or hearings may be conducted by a designated agent of the Commission, whose investigation may be aided by subpoenas issued by the Commission.

H. To hear and determine appeals or complaints respecting the administration of this chapter.

I. Maintain a roster of employees of this system, and other records as may be necessary for proper administration of this chapter, and provide all necessary records to the City’s Chief Administrative Officer.

J. Recommend from time to time such City legislation as the Commission may deem advisable for the betterment of this system and/or the administration thereof. (Ord. 2221 §§ 4, 5, 6, 1999; Ord. 2056 § 1, 1995; Ord. 1997 § 1, 1993; Ord. 1948 § 1, 1992; Ord. 1902 § 1, 1991; Ord. 1834 § 1, 1989; Ord. 1444 § 6, 1980).

2.68.070 Examination credits.

A. All applicants for appointment, who have served in the armed forces of the United States and have been honorably discharged from any branch of the military, shall be allowed a credit of 10 percent on the entrance examination grade.

B. All applicants for appointment to non-entrance civil service positions shall be allowed a credit of 1 percent for each year of service with the City, with a maximum credit of 5 percent. (Ord. 1444 § 7, 1980).

2.68.080 Applications.

A. All applications for examination shall be made on forms provided by the Commission.

B. Any wilfully false statement in, or in connection with, an application for examination shall be cause for removal from the eligible register and/or for termination of employment. (Ord. 1444 § 8, 1980).

2.68.090 Qualifications of applicants.

An applicant for a position in the Civil Service System must be a citizen of the United States of America, capable of reading and writing the English language, be in good health, of good moral character and of temperate and industrious habits. The minimum education requirement shall be high school graduation or qualification under general educational development tests. Individuals shall not be appointed to a position covered by this system in the Police Department unless 21 years of age or older. The Commission may provide additional qualifications for positions in the Civil Service which qualifications shall be related to the physical and mental demands and experience required to perform the duties assigned to the position. All applicants shall meet the minimum health and physical standards established by rules hereafter promulgated by the Commission and in addition the Commission may require any applicant or probationary employee to submit to examination by a State of Washington licensed clinical psychologist or State Board certified psychiatrist where emotional stability is required to perform the duties assigned to a position the applicant seeks. (Ord. 2221 § 7, 1999; Ord. 1444 § 9, 1980).

2.68.100 Notification of results.

Each competitor shall be notified by mail of the results of the examination and, if successful, of his/her final earned rating and his/her relative position on the eligibility list. (Ord. 1444 § 10, 1980).

2.68.110 Review of examination papers and challenges.

Within 5 days after the notice of final score has been mailed, any competitor shall be entitled to review his/her examination papers and, within the period, petition the Civil Service Commission to review his/her score and have the score corrected if an error is found to have been made. Should a candidate wish to challenge any examination question, the candidate shall, within 10 days after notice of his/her final score has been mailed, file with the Commission the challenge in writing supported by a concise statement of the basis for the challenge. If the Commission is satisfied as to the validity of the challenge, it shall order that the question or questions be stricken from the examination, the examinations be regraded accordingly, a new eligibility list prepared, and notice mailed to individuals on the eligible list indicating the action ordered and its effect on their individual ranking on the eligibility list. (Ord. 1444 § 11, 1980).

2.68.120 Tenure of employment – Termination for cause.

A. The tenure of every regular employee who is a member of this system shall be only during good behavior and acceptable job performance, and any such employee may be terminated, suspended, or demoted for cause. Suspensions shall not exceed 30 days. Any regular employee may be terminated, suspended, or demoted by the appointing authority only upon the filing with the Commission of a statement in writing of the reasons therefor, a duplicate of which shall be served upon the employee. Any regular employee so terminated, suspended, or demoted may within 10 days from the date of service of such statement, file with the Commission a written demand for a hearing, whereupon, in due course, the Commission shall conduct such hearing. The hearing shall be confined to a determination of the question of whether such termination, suspension, or demotion, was made in good faith for cause.

B. After such hearing, the Commission may affirm the action of the appointing authority, or if it shall find that the action 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 terminated, suspended, or demoted. The Commission upon such hearing, in lieu of affirming the termination, may modify the order of termination, suspension, or demotion by directing a suspension, without pay, for up to 30 days, and subsequent restoration to duty, or demotion in classification or grade or reduction in or loss of pay. The findings of the Commission shall, within 20 days after such hearing, be certified in writing to the appointing authority, and shall be forthwith enforced by such authority.

C. All hearings pursuant to this section shall be open to the public at the request of the employee. Hearings shall be held after due notice of the time and place of hearing to the affected employee. The employee has the right to representation of his/her choosing and at his/her own expense.

D. The Commission shall cause to be made a record of all such hearings. Upon request, the Commission shall furnish such record to the employee.

E. By submitting a grievance to binding arbitration under a collective bargaining agreement, the employee waives his/her right to demand a hearing under this section. (Ord. 1444 § 12, 1980).

2.68.130 Cause for disciplinary actions.

Cause for termination, suspension, demotion or other disciplinary action regarding a position in the Civil Service System shall be as set forth in RCW 41.08.080. (Ord. 1444 § 13, 1980).

2.68.140 Filling of vacancies – Probationary period.

A. Whenever a position covered by this system becomes vacant, the appointing authority, if it desires to fill the vacancy, shall make requisition to the Commission for the names and addresses of persons eligible for and willing and able to accept said appointment. The appointing authority shall fill such vacancies by appointment from the register of persons certified by the Commission therefor. To facilitate the selection of appointees from the persons so certified, the appointing authority may require such persons to come before him/her and shall be entitled to inspect such persons’ application and examination papers, and require background, psychological, and polygraph examinations, and may fill such positions by appointment from the persons so certified without regard to their order of certification.

B. No appointment, employment or promotion in this system shall be deemed complete until after the expiration of a period of not less than 6 months’, nor more than 1 year’s probationary service. Before the expiration of the period of probation, the appointing authority may terminate or, in the case of a promotion, demote an appointee upon filing in writing the reasons therefor with the Commission. If an appointee is not terminated or demoted prior to the expiration of the period of probationary service, his/her appointment shall be deemed complete. An appointee shall not have a right to review by or a hearing before the Civil Service Commission for termination, demotion, suspension or other disciplinary actions imposed during the probationary period. (Ord. 1444 § 14, 1980).

2.68.150 Leaves of absence.

Leave of absence not exceeding 30 days and without pay may be granted by the appointing authority to any person under this Civil Service System; provided, that such appointing authority 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 the classified Civil Service. Longer leaves of absence may be granted by the Commission upon written request of the employee, endorsed by the appointing authority, giving his/her reasons therefor. A leave of absence for more than 3 months when granted by the Commission shall not entitle the employee when returning to duty to resume his/her former position, but he/she shall be entitled only to standing on a reinstatement register for the position; these limitations, however, shall not apply to absence on account of disability caused by sickness or injury. (Ord. 1444 § 15, 1980).

2.68.160 Reports.

In order to permit the Commission to certify payrolls as required by the Act, the appointing authority shall make a written report to the Commission of all appointments made by him; all refusals or neglect by a certified person to accept appointment; all changes in compensation; all suspensions or other disciplinary action; all separations from service, together with the reason therefor; all resignations, and in such cases, accompany his/her report with the written resignation of the person so resigning; all offices either created or abolished; all illnesses and injuries to members of the Department; and all leaves of absence granted. (Ord. 1444 § 16, 1980).

2.68.170 Prohibited employee conduct.

A. It is unlawful for anyone to wilfully, by himself or in collusion with 1 or more persons, deceive or obstruct any person in respect to his

or her right of examination, or falsely mark, grade, estimate or report upon the examination or proper standing of any person examined hereunder, or aid in doing so, or wilfully make any false representation concerning the same or concerning the person examined, or wilfully furnish to any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any person so examined, or to be examined, to be appointed, employed or promoted.

B. It is unlawful for anyone to:

1. Solicit political support from Civil Service employees during the employee’s working hours; or

2. Grant or promise to grant any act or thing of value to a Civil Service employee in return for the employee’s giving him/her special consideration in the course of the employee’s business; or

3. Withhold or threaten to withhold any right or benefit of an employee, or to bring or threaten to bring any disciplinary charge conditioned on the employee’s according special consideration to that person, in the employee’s course of business; or

4. Use City property or materials to engage in solicitations other than for City purposes, or for political campaign purposes; or

5. Solicit for other than City purposes or engage in political campaigning, on City time. (Ord. 1444 § 17, 1980).

2.68.180 Layoff.

A. Whenever a layoff occurs by reason of insufficient funds, insufficient work or reorganization, employees in any given class shall be laid off in the following order:

1. Temporary;

2. Provisional;

3. Probationary, and then in the inverse order of length of service. The names of regular and probationary employees who have been laid off shall be placed upon a reinstatement register for the same class and department from which laid off for a period of l year from the date of layoff.

B. Notice of layoff shall be given the employee not less than 14 days before the effective date thereof. (Ord. 1444 § 19, 1980).

2.68.190 Cooperation of City officers and employees.

All officers and employees of the City shall afford to the Commission reasonable access to and reasonable facilities for the inspection and copying of all books, papers, documents and accounts in any way pertaining to any office, place, position or employment under the jurisdiction of the Commission and shall also produce the books, papers, documents and accounts and attend and testify whenever requested by the Commission to do so. (Ord. 1444 § 20, 1980).

2.68.195 Appeals.

Any person desiring to appeal any decision of the Civil Service Commission must serve and file an appropriate lawsuit in King County Superior Court within 14 days of the decision or action being challenged. All costs of preparing and certifying the record as required by the court shall be borne by the appellant. (Ord. 1603 § 4, 1984).

2.68.200 Collective bargaining.

The adoption of the ordinance codified in this chapter shall not affect the provisions of any collective bargaining agreement in effect on July 1, 1980. (Ord. 1444 § 21, 1980).

2.68.210 Transitional provisions.

In order that the business of the City may continue without major disruption during implementation of the new Civil Service Ordinance as codified in this chapter, the following transitional provisions are authorized and made:

A. The enactment of the ordinance codified in this chapter shall not change the civil service status of any employee.

B. Upon the operative date of the ordinance codified in this chapter all occupants of positions covered by this Civil Service System shall have full Civil Service Standing as regular employees in their present positions and class without loss of accrued service time, or accrued vacation, sick leave, compensatory time or like benefit, if any, which is also recognized under this chapter.

C. Upon the operative date of the ordinance codified in this chapter probationary employees covered by this system shall remain probationary employees without loss of accrued vacation, sick leave, compensatory time, service time accrued toward regular employment, or like benefit, if any, which is also recognized under this chapter.

D. Upon the operative date of the ordinance codified in this chapter the Commission shall assume jurisdiction over appeals previously made by employees who were members of the Civil Service System for the Police Department. The Commission shall hear such appeals under its choice of previous Civil Service Laws and Rules or the Commission’s newer rules, if any, whichever set of Laws and Rules is deemed fairer to the employee. Grievance proceedings pending pursuant to the City’s Personnel Rules and Regulations (Resolution 76-6) pending on June 30, 1980, shall be completed under and in accordance with the provisions of Resolution 76-6.

E. Upon the operative date of the ordinance codified in this chapter, the existing job classifications in this system are ratified and confirmed, and shall remain in effect until changed.

F. Registers for classes of positions included in this system existing on the operative date of the ordinance codified in this chapter and the standing of the individuals thereon are preserved until July l, 1982, unless sooner replaced pursuant to the provisions of this chapter. (Ord. 1444 § 22, 1980).

2.68.220 Violation – Penalty.

Any person who violates any of the provisions of IMC 2.68.170 shall, upon conviction thereof, be fined in an amount not to exceed $300.00 and/or be imprisoned in the County Jail for a period not to exceed 90 days. In addition, such violation shall constitute good cause for termination or other discipline at the discretion of the appointing authority. (Ord. 1444 § 18, 1980).

2.68.230 Severability.

The provisions of this chapter are declared to be separate and severable and the invalidity of any clause, sentence, paragraph, subdivision, section or portion of this chapter, or the invalidity of the application thereof to any person or circumstances shall not affect the validity of the remainder of this chapter or the validity of its application to other persons or circumstances. (Ord. 1444 § 23, 1980).

2.68.240 Operative date.

The ordinance codified in this chapter shall become operative as of October 1, 1980. (Ord. 1444 § 24, 1980).