Chapter 2.44
POLICE DEPARTMENT--CIVIL SERVICE COMMISSION

Sections:

2.44.010    Members--Appointment--Removal.

2.44.012    Members--Commencement of term.

2.44.015    State law applicable when.

2.44.020    Exceptions to state provisions.

2.44.030    Appointments--Eligibility list--Procedure.

2.44.040    Appointments--Probationary period.

2.44.050    Applicability of provisions to existing employees.

2.44.060    Chief of police--Terms and conditions of appointment, tenure and removal.

2.44.010 Members--Appointment--Removal.

A.    The civil service commission shall consist of three members who shall serve six-year terms. A member shall be appointed by the mayor, subject to confirmation by a majority of the council members voting upon the matter. They shall be subject to removal only for such grounds as may be from time to time established within RCW Chapter 41.12; provided, that in the event that either any member is absent from more than three consecutive regular meetings of the commission without being excused by the members of the commission or fails to maintain at all times the qualifications set forth in subsection B of this section, then the position held by that individual shall be deemed vacant for all purposes and a successor may be appointed and confirmed in the manner provided by the earlier provisions of this section.

B.    In order to serve as a member of the civil service commission, at the time of appointment, an individual shall: (1) have been a resident of the city for three years immediately preceding; (2) be a qualified elector, as defined by state law; and (3) a registered voter within Grays Harbor County. (Ord. 1068 §1, 2006: Ord. 801 §1, 1985).

2.44.012 Members--Commencement of term.

After the appointments made pursuant to the provisions of Section 1 of Ordinance 973, the individuals appointed to the positions and their successors shall serve the six-year term established by this chapter with the term commencing upon the first day following the end of the prior term for the particular position; provided, that any individual appointed to fill a vacancy occurring during a term shall be for the remainder of that term. (Ord. 973 §2, 1997).

2.44.015 State law applicable when.

In recognition of the provisions of RCW Chapter 41.12 which authorizes the adoption of local civil service ordinances, it is the intention of the city that, to the extent the provisions of RCW Chapter 41.12 as may from time to time exist are not inconsistent with the provisions of the city code in relation to civil service or the rules and regulations as they may from time to time be adopted by the civil service commission, that the provisions of such state law shall be deemed to be in full force and effect. (Ord. 801 §3, 1985).

2.44.020 Exceptions to state provisions.

Notwithstanding any provisions of RCW Chapter 41.12 to the contrary, and for purposes of the civil service system within the city, the provisions in Sections 2.44.030 and 2.44.040 shall apply. (Ord. 579 §1(part), 1976: Ord. 573 §2(part), 1975).

2.44.030 Appointments--Eligibility list--Procedure.

In addition to any opportunity afforded the appointing authority to exercise selective power in the filling of a vacancy by the terms of RCW Chapter 41.12, whenever a request is made upon the commission for the names of individuals eligible for appointment to any vacancy, including both original appointments and promotions, the commission, instead of furnishing the sole name of the person highest upon the eligibility list, shall certify to the appointing authority the names of the three individuals highest on such eligibility list for each vacancy. If there are fewer than three names on such eligibility list, then the commission shall certify such names as are present on the eligibility list to the appointing authority. The appointing authority shall appoint one of such certified persons to said vacant position, or may reject all names on the list. In that event, the appointing authority shall notify the commission, which shall then certify another list of up to the same number of qualified names to the appointing authority, who shall then have the options previously stated. (Ord. 579 §1(part), 1976: Ord. 573 §2(2), 1975).

2.44.040 Appointments--Probationary period.

Upon appointment to a vacant position, said appointment having been made pursuant to the certification of names to the appointing authority by the commission, the individual so appointed shall be upon probation within the meaning of and for a period of one year from the date of appointment. Upon the completion of the probationary period herein established, the individual shall be subject to and entitled to all the requirements, protection of rights, and benefits provided by RCW Chapter 41.12 and this chapter. (Ord. 724 §1, 1980: Ord. 579 §1(part), 1976: Ord. 573 §2(b), 1975).

2.44.050 Applicability of provisions to existing employees.

For the benefit of the public service and to prevent delay, injury or interruption therein by reason of the enactment of the ordinance codified in this chapter, all persons having a full-time, paid position as a police officer in the employ of the city, including the chief of the Elma police department, on the date the ordinance codified in this chapter takes effect, who has served continuously in such positions for a period of at least six months last passed, are hereby declared eligible for permanent employment under civil service to the office, place, position or employment which they then hold respectively, without examination or other act on their part, and not on probation; and every person is hereby automatically adopted and inducted permanently in civil service into such office, place, position or employment which such person then holds as completely and effectually as if such person had been permanently appointed thereto under civil service after examination and investigation. Any person holding a position in the classified civil service on the effective date of the ordinance codified in this section, but who has not yet served in such position for a period of at least six months, is hereby declared eligible for permanent appointment under civil service to the position so held upon the completion of the probationary period provided by civil service. Upon the completion of the probationary period, which shall be deemed to have started on the date of original employment with the city in the classified civil service position, that person is to be automatically adopted and inducted permanently into civil service into such position which said person holds on the effective date of the ordinance codified in this chapter as completely and effectually as if the person had been originally appointed by the appointing authority pursuant to certification by the civil service commission. (Ord. 573 §3, 1975).

2.44.060 Chief of police--Terms and conditions of appointment, tenure and removal.

A.    Notwithstanding any other provision of this chapter, the following terms and conditions shall apply as to the appointment, tenure and removal of the chief of the department at such time as the exemptions allowed pursuant to RCW 41.12.050 and RCW 41.08.050 apply:

1.    The position of chief of the police department shall be excluded from coverage within the civil service system of the city.

2.    Appointment of the chief of the department shall be by the mayor subject to confirmation by a majority vote of the council.

3.    Prior to the appointment, the following steps shall be undertaken:

a.    The mayor shall establish the qualifications required of any applicant to the office of chief and submit them to the council for approval.

b.    Upon approval of the qualifications by the council, the mayor shall carry forth such program of testing as is determined, in the judgment of the mayor, to best meet the goal of the selection process: the selection of the best-qualified individual to serve in the position of chief.

c.    The terms and conditions of appointment with the city shall, to the extent not inconsistent with the terms of any specific contract between the employee and the city, be governed by the general resolutions of employment for employees of the city and not by the terms and conditions of the civil service ordinance, rules and procedures.

4.    Prior to appointment, there shall be prepared and executed a written contract of employment between the chief and the city. Upon execution by the chief designee and the mayor, it shall be submitted to the city council for approval. No appointment shall be deemed made until and unless such approval is given by the council, both as to the contracts for employment and as to the designation of the chief. The contract shall cover such matters as areas of responsibility, compensation, and, if agreed upon by the parties, provisions for the removal of the individual from the position. The contract shall establish and be governing as to the rights of the employee in relation to his or her employment with the city.

B.    In the event the mayor determines it necessary and appropriate to remove a chief appointed pursuant to the provisions of this section from his or her position, then such removal shall be made in the sole discretion of the mayor, subject further to such limitations as may be spelled out in any contract for employment between the individual and the city.

C.    It is the intention of the city to create an alternative means of designation of chief of the department in question. To the extent that such procedure is utilized, the civil service ordinance shall be inapplicable in all manners whatsoever, including but not limited to methodology of selection, methodology and justification for removal, basis for discipline, and methodology for appeal. In further recognition of this being an alternative the mayor may, with the consent of the council, waive the election to utilize this methodology and choose to select the chief pursuant to the provisions of the civil service ordinance of this city and any rule or regulation adopted thereunder. In the event of such an election, then any individual chosen utilizing the civil service procedures shall be deemed to be subject to those provisions and the provisions of this section shall not be applicable to the individual so serving. (Ord. 1053 §1, 2004: Ord. 947 §1, 1995).