Chapter 3.08


3.08.010    Powers and duties.

3.08.020    Application of state law.

3.08.010 Powers and duties.

The commission shall:

A. Adopt rules for the regulation of personnel matters within the classified service. Such rules and regulations shall provide in detail the manner in which examinations may be held, and how appointments, promotions, transfers, reinstatements, demotions, suspensions and discharges shall be made and may also provide for any other matters connected with the general subject of personnel administration and which may be considered desirable to carry out the purposes of this title or which may be found to be in the interest of good personnel administration. Such rules and regulations may be changed from time to time.

1. The rules and regulations adopted by the commission shall provide for a 10 percent credit in favor of all applicants for appointment under civil service entitled to such credit pursuant to Chapters 41.04 and 41.12 RCW as presently enacted or hereafter amended. These credits shall apply to entrance examinations only.

2. The rules and regulations and any amendments thereof shall be copied and made available for free public distribution.

B. Appoint a secretary and chief examiner.

1. The duties of the secretary and chief examiner shall be established by the commission, which shall include but not be limited to: preserving all reports, keeping records of all examinations, and performing such other duties as the commission may prescribe.

2. The secretary and chief examiner shall be appointed as a result of a competitive examination, which examination may be either original and open to all properly qualified citizens of the city, or promotional and limited to persons already in the service of the police department or of the police department and other departments of the city, as the commission may decide. The secretary and chief examiner shall be subject to suspension, reduction or discharge on an at-will basis.

3. The salary of the secretary and chief examiner shall be recommended by the commission and approved by the city council.

C. Approve minutes of its own meetings and records of its procedure. Upon approval, the minutes of each meeting shall be signed by the chairman and countersigned by the secretary and chief examiner and shall become a part of the commission’s permanent files.

D. Approve the creation, amendment and discontinuance of the classification plan as prepared by the secretary and chief examiner or by some qualified agency designated by the commission to perform this service.

E. Provide for the holding of competitive tests by the secretary and chief examiner to determine the relative qualifications of persons for employment in the city’s police department. All tests shall be practical, and 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 manual skill.

F. Investigate and report all matters touching the enforcement and effect of this title and the rules and regulations adopted by the commission, as deemed necessary. The commission shall inspect all institutions, departments, offices, places, positions and employments affected by this title, and ascertain whether this title and all rules and regulations adopted by the commission are being obeyed. Such investigations may be made by the commission on its own initiative or by any commissioner designated by the commission for that purpose or by 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 the secretary and chief examiner, shall have the power to administer oaths, subpoena witnesses and the production by them of books, papers, documents and accounts pertaining 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 hereunder and the subpoenas issued hereunder shall have the same force and effect as the oaths administered by a superior court judge in its judicial capacity; and the failure upon the part of any person so subpoenaed to comply with the provisions of this title shall be deemed a violation of this title and punishable as set forth in EWMC 3.68.010.

G. Ensure that all hearings and investigations before the commission, or designated commissioner, or secretary and chief examiner, are governed by this title and by the rules of practice and procedure 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.

H. Hear and determine appeals or complaints regarding the administrative work of the personnel department; appeals upon the allocation of positions; the rejection of an examination, and such other matters as may be referred to the commission.

I. Establish and maintain a roster of employees covered by civil service.

J. 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, and to provide that individuals laid off because of curtailment of expenditures, reduction in force, and for like causes, head the list in the order of their seniority, to the end that they shall be the first to be reemployed.

K. When a vacant position is to be filled, to certify to the appointing authority, the name of the three persons highest on the eligibility list for the class. If there are no such lists, to authorize a provisional or temporary appointment list of such class to be utilized to fill the vacant position, or which may be utilized at the discretion of the appointing authority when there are less than three names on the eligibility list applicable to the vacant position. Such temporary or provisional appointment shall not continue for a period longer than four months; nor shall any person receive more than one provisional appointment or serve more than four months as a provisional appointee in any one fiscal year.

L. Keep such records as may be necessary for the proper administration of this title.

M. Have such powers and duties as are imposed upon the commission by virtue of the rules and regulations adopted by the commission and as may be further enumerated by Chapter 41.12 RCW, as presently enacted or hereafter amended. (Ord. 92-12 § 2 Exh. A, 1992)

3.08.020 Application of state law.

The provisions of Chapter 41.12 RCW, as presently enacted or hereafter amended, are adopted by reference; provided, however, whenever any conflict exists between the provisions of Chapter 41.12 RCW and the provisions of this title or any other city ordinance, or the rules and regulations adopted by the commission, this title and the commission’s rules and regulations shall control. (Ord. 92-12 § 2 Exh. A, 1992)