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HomeMy WebLinkAbout2410ORDINANCE NO. ALL* AN ORDINANCE of the City of Port Angeles amending the Civil Service System to provide for a Rule of Three, to establish a separate interview board, and to re- define the duties and functions of the Civil Service Commission, Chief Examiner, and appointing authority, amending Ordinances 1040 and 2372 and Chapter 2.22 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES ORDAIN as follows: Section 1. Ordinances 1040 and 2372 and Chapter 2.22 of the Port Angeles Municipal Code are hereby amended to read as follows: Sections: 2.22.010 2.22.020 2.22.030 2.22.040 2.22.050 2.22.060 2.22.070 2.22.080 2.22.090 2.22.100 2.22.110 2.22.120 2.22.130 2.22.140 2.22.150 2.22.160 2.22.170 2.22.180 2.22.190 2.22.200 CHAPTER 2.22 CIVIL SERVICE SYSTEM Establishment. Purpose and Scope. Definitions. Organization. Civil Service Commission. Interview Board. Classified Civil Service. Qualification of Applicants. Discrimination Prohibited. Grounds for Discipline. Procedure for Removal. Filling of Vacancies. Probationary Period. Powers Not Infringed. Approval of Payrolls. Leaves of Absence. Enforcement by Civil Action. Deceptive Practices Prohibited. Political Contributions and Services. Penalty. 2.22.010 Establishment. There is hereby established a Civil Service Commission and a Civil Service System of employment in the Police and Fire Departments. The Civil Service Commission and the Civil Service System shall operate in compliance with this Chapter. -1- 2.22.020 Purpose and Scope. This Chapter sets forth the policies and provisions that shall govern the system of employment of Police and Fire Department personnel in the City of Port Angeles. This Civil Service System is intended to operate on a uniform, equitable basis so that the affected employees and the citizens of Port Angeles may derive the benefits and advantages which can be expected to result from a competent staff of uniformed personnel. This Chapter shall apply to all members of the Classified Civil Service as specified in PAMC 2.22.070. This Chapter shall prevail except where its provisions conflict with the terms of a collective bargaining agreement. 2.22.030 Definitions. As used in this Chapter, the words and terms set forth in this section shall be given the following definitions: (A) "Appointing Authority or Power" means the City Manager or his designee. (B) "Appointment" includes all means of selecting, appointing or employing any person to hold any office, place, position or employment subject to Civil Service. (C) "Board" means the Interview Board created in this Chapter. (D) "Chief Examiner" means the City Personnel Director or his or her designee. (E) "Commission" means the Civil Service Commission created in this Chapter, and "Commissioner" means any one of the three Commissioners appointed to that Commission. (F) "Discipline" includes personnel actions by the Appointing Power that directly affect the employee's compensation, including demotion, suspension without pay, reduction in rank, reduction in compensation, or discharge, and shall not include such personnel actions as oral or written reprimands. 2.22.040 Organization. The Civil Service System shall consist of the City Council, the Appointing Power, the Civil Service Commission, the Chief Examiner, and the Interview Board, -2- which shall have the following respective duties: (A) City Council. The City Council shall appoint the Civil Service Commission. (B) Civil Service Commission. (1) The Civil Service Commission shall promulgate Civil Service Rules necessary to carry out and enforce the purpose of this Chapter. Such Rules shall be subject to adoption by Resolution of the City Council. (2) 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 prescribed here- under. In the course of such investigation, the Commission or its designated Commissioner shall have the power to administer oaths, subpoena and require the attendance of witnesses and the production by them of documents 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. 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 his judicial capacity. The failure upon the part of any person so subpoenaed to comply with the provisions of this Chapter shall be deemed a violation of this Chapter and punishable as such. (3) The Commission shall hear and determine appeals or complaints respecting the administrative work of the Chief Examiner and such other matters governed by this Chapter as may be referred to the Commission. (4) All hearings and investigations before the Commission or its designated Commissioner shall be governed by this Chapter and by the Rules promulgated pursuant thereto. Neither the Commission nor a designated Commissioner shall be bound by the technical rules of evidence. No informality in any proceedings -3- 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 by the Commission: PROVIDED, however, that no order, rule or regulation made by any designated Commissioner any hearing or investigation alone shall be effect whatsoever unless and until concurred of the other two Commissioners. (C) The Appointing Power. The Appointing Power shall fix and establish the number of employees in the Police and Fire Depart- ments and determine their duties and compensation in accordance with the salary ordinance or compensation plan adopted by the City Council. (D) Chief Examiner. (1) The Chief Examiner shall keep the records for the Commission, preserve all reports made to it, superintend and keep a record of all examinations, and perform such other duties as the Commission may prescribe. (2) The Chief Examiner shall 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 certify to the Appointing Authority the neces- sary applicants from the established eligible list; PROVIDED, that personnel laid off because of curtailment of expenditures, reduction in force, and for like causes, shall head the list in the order of their seniority, to the end that they shall be the first to be re- employed. (3) All tests shall be practical, designed to reasonably assess the applicant's qualifications, and shall consist only of subjects which will fairly determine the capacity of persons examined to perform duties of a position to which appointment is to be made, and may include tests of physical and mental fitness confirmed decision, conducting of any force or in by at least one -4- and /or manual skill; PROVIDED that a credit of ten percent (10 %) 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; PROVIDED FURTHER that such credit shall apply to a final passing score on entrance examinations only. (4) The Chief Examiner shall administer the Classification Plan for the classes covered under the Civil Service System. (5) The Chief Examiner shall draft Civil Service Rules for consideration by the Commission and adoption by the City Council and shall from time to time draft amendments to said Rules as necessary. (E) The Interview Board. The Interview Board shall conduct any oral examination given as part of the determination of qualifica- tions of persons seeking employment to the Classified Civil Service. 2.22.050 Civil Service Commission. There shall be three (3) members on the Civil Service Commission, who shall be appointed by the City Council. The members of the Commission shall serve without compensation. No person shall be appointed a member of such Commission who is not a citizen of the United States, a resident of the City of Port Angeles for at least three years immediately preceding such appointment, and an elector of the County wherein he or she resides. At the time of any appoint ment not more than two (2) Commissioners shall be adherents of the same political party. A full term of office on the Civil Service Commis- sion shall be four (4) years and shall start on March 1st of the year in which the appointment is made, PROVIDED that appointments to an expired term shall start as designated in the appointment, and PROVIDED FURTHER that the appointment to the current vacant -5- position shall expire on the last day of February, 1988, after which a re- appointment may be made. No person shall be allowed to serve on the Civil Service Commission for more than two (2) consecutive four -year terms; PROVIDED that this prohibition shall not disqualify any person now serving on the Civil Service Commission from completing the term that he or she has been appointed to serve as of March 19, 1986. 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, as determined by the City Council: PROVIDED, however, that no member of the Commission shall be removed until charges have been preferred, in writing, due notice and a full hearing held before the City Council. The members of such Commission shall devote due time and attention to the performance of the duties specified and imposed upon them by this Chapter. 2.22.060 Interview Board. The Interview Board shall be composed of three (3) persons. One member shall be the Chief Examiner or his /her designee. The Chief Examiner shall appoint the other two members, subject to confirmation by the City Council. One member shall be a lay person who shall be a citizen of Port Angeles. One member shall be a uniformed professional with experience and expertise with respect to the particular position for which the interviews are being conducted; PROVIDED that such uniformed professional member shall not be an employee of the City of Port Angeles. 2.22.070 Classified Civil Service. The Classified Civil Service and provisions of this Chapter shall include all regular, full -paid, sworn safety employees of the Police and Fire Departments of the City of Port Angeles, including the Chiefs of said Departments. All appointments to and promotions in said Departments shall be made solely on merit, efficiency and fit- ness, which shall be ascertained by competitive examination (open -6- or promotional) 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. 2.22.080 Qualifications of Applicants. 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. An applicant for a position of any kind under Civil Service must meet the necessary qualifications as provided for in the job description for the classification, maintained in the City of Port Angeles Personnel Office. Such qualifications include being of good moral character and of temperate and industrious habits; such qualifications and facts to be ascertained in such manner as the Chief Examiner may deem advisable and consistent with the Civil Service Rules promulgated pursuant to this Chapter. Further qualifications for each position in the Classified Service shall be developed by the Chief Examiner in cooperation with the Appointing Power and consistent with the job description developed by the Appointing Power. 2.22.090 Discrimination Prohibited. No person apply- ing for or holding an office, place, position, or employment under the provisions of this Chapter or the Civil Service Rules promulgated pursuant thereto shall be required to reside within the limits of the City of Port Angeles as a condition of employ- ment nor shall any such person be discriminated against by the City in any manner because of his or her residence outside of the City limits; PROVIDED that reasonable response time may be considered as a necessary position prerequisite. 2.22.100 Grounds for Discipline. The tenure of every- one holding an office, place, position or employment under the provisions of this Chapter shall be only during good behavior, -7- 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: (A) Incompetency, inefficiency or inattention to or dereliction of duty; (B) 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 wilful failure on the part of the employee to properly conduct himself; or any wilful violation of the provisions of this Chapter or the Civil Service Rules to be adopted hereunder; (C) Mental or physical unfitness for the position which the employee holds; (D) Dishonest, disgraceful, immoral, or prejudicial conduct; (E) 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, or which precludes the employee from properly performing the function and duties of any position under Civil Service; (F) Conviction of any felony or misdemeanor, directly or indirectly related to the employee's employment with the City of Port Angeles; (G) Any other act or failure to act which, in the judgment of the Appointing Power, is sufficient to show cause for disciplinary action. 2.22.110 Procedure for Removal. No person in the Classified Civil Service who is a regular, full -time employee and who has completed his /her probationary period under provisions of this Chapter, shall be removed, suspended, demoted, or discharged except for cause, and only upon written accusation of the Appoint- -8- ing Power, 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 and the Chief Examiner. 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 for political or religious reasons and was or was not made in good faith for cause. After such investigation, the Commission may affirm the removal, or if it shall find 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 of or re- employment 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. The Commission, upon such investigation, in lieu of affirming the removal, suspension, demotion or discharge may modify the order of removal, suspension, demotion or discharge by directing a suspension, without pay, for a given period, and subsequent restoration to duty, or demotion in classification, grade, or pay; the findings of the Commission shall be certified, in writing to the Appointing Power, and shall be forthwith enforced by such officer. All investigations made by the Commission pursuant to the provisions of this Section shall be had by public hearing, after reasonable notice to the accused of the time and place of such hearing, at which hearing the accused shall be afforded an -9- opportunity of appearing in person and by counsel, and presenting his /her defense. The findings of the Commission may be appealed to the Superior Court of the State of Washington in and for the County of Clallam. Such appeal shall be taken within thirty (30) days after the entry of the Commission's findings, which appeal shall be based on a certified transcript of the record and of all papers on file in the office of the Commission affecting or relating to such judgment or order. 2.22.120 Filling of Vacancies. Whenever a position in the Classified Service becomes vacant, the Appointing Power, if it desires to fill a vacancy, shall make requisition to the Chief Examiner for the names and addresses of the persons eligible for appointment thereto. The Chief Examiner shall certify the names of the three persons highest on the eligible list for the class to which the vacant position has been allocated, who are willing to accept employment and who have the appropriate phychological examination and background investigation. If there is no appro- priate eligible list for the class, the Chief Examiner shall either establish such a list as provided in this Chapter, or otherwise determine what list shall be deemed appropriate for such class. The Chief Examiner shall then certify the names of the three persons standing highest on the list. If more than one vacancy is to be filled, an additional name shall be certified for each additional vacancy. The Appointing Power shall, after review of the persons so certified, appoint one person to each such vacant position. If any person certified by the Chief Examiner is removed from the list or otherwise requests to not be considered for appointment, the Chief Examiner shall certify the next highest person on the list to replace those removed. The Civil Service Rules shall establish a procedure for removal of names from the eligibility list either prior to or subsequent to certification to the Appointing Authority. -10- If there is an eligible list for the class which contains the names of less than three eligibles, the Appointing Authority may, upon being notified of such fact, elect to fill the vacancy using those on the eligible list, or fill the vacancy by temporary appointment until the eligible list contains the names of at least three eligibles. The Civil Service Rules may provide for expiration of an eligible list when the number of names on such list has been reduced to less than three, or may provide for a method of supplementing the list with additional eligibles who have been tested in the same manner as those on the list. 2.22.130 Probationary Period. To enable the Appoint- ing Power to exercise a choice in the filling of positions, no appointment, employment or promotion in any position in the Classified Service shall be deemed complete until after the expiration of a period of one year probationary service, exclud- ing any paid or unpaid leave periods greater than 15 working days, as shall be provided in the Civil Service Rules, during which the Appointing Power may terminate the employment of the person certified to him /her. If, during the probation period thus afforded, upon observation or consideration of the performance of duty, the Appointing Power deems him /her unfit or unsatisfactory for service in the Department, the Appointing Power shall designate one of the persons certified as standing within the next three persons highest on any such list. Such persons shall likewise enter upon the duties 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. 2.22.140 Powers Not Infringed. All offices, places, positions and employments coming within the purview of this Chapter, shall be created by the City Council and the Appointing -11- Power, and nothing herein contained shall infringe upon the power and authority of the City Council to fix the salaries and compensation of all employees employed hereunder. 2.22.150 Approval of Payrolls. No treasurer, auditor, comptroller or other officer, or employee of the City of Port Angeles shall approve the payment of or be in any manner concerne in paying, auditing or approving any salary, wage, or other compensation for services to any person subject to the jurisdic- tion and scope of this Chapter, unless a payroll, estimate or account for such salary, wage or other compensation, containing the names of the persons to be paid, the amount to be paid to each such person, the services on account of which same is paid, and any other information which, in the judgment of the Civil Service Commission, should be furnished on said payroll, bears the certificate of the Chief Examiner 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 Civil Service Rules, and that the said payroll, estimate or account is, so far as known to the said Chief Examiner, a true and accurate statement. The Chief Examiner shall refuse to certify the pay of any public officer or employee whom he /she 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 Civil Service Rules. 2.22.160 Leaves of Absence. Leave of absence, with or without pay, may be granted by the Appointing Power to any person under Civil Service: PROVIDED, that the Appointing Power shall give notice of such leave to the Chief Examiner. All temporary employment caused by leaves of absence shall be made from the eligible list of the Classified Civil Service. 2.22.170 Enforcement by Civil Action. It shall be the duty of the Commission to begin and conduct all civil suits which -12- may be necessary for the proper enforcement of this Chapter and of the Civil Service Rules. The Commission shall be represented in such suits by the chief legal officer of the City, but said Commission may in any case be represented by special counsel appointed by it upon approval by the City Council. 2.22.180 Deceptive Practices Prohibited. No Commis- sioner or Chief Examiner 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 insuring the prospects or chances of any person so examined, registered or certified, or to be examined, registered or certi- fied, or persuade any person, or permit or aid in any manner any other person to impersonate him, in connection with any examina- tion or registration of application or request to be examined or registered. 2.22.190 Political Contributions and Services. No person holding any office, place, position or employment subject to Civil Service, 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 so to do. 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 so to do, for giving or withholding, or neglecting to make any contribution of money, or services, or any -13- other valuable thing, for any political purpose. 2.22.200 Penalty. Any person who shall wilfully 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 $500 and by imprisonment in the County Jail for not longer than 30 days, or by both such fine and imprisonment. Section 2 Severability. If any provision of this Ordinance, or its application to any person or circumstance is held invalid, the remainder of the Ordinance, or the application of the provision to other persons or circumstances is not affected, and to this end the provisions of this Ordinance are declared to be severable. Section 3 Effective Date. This Ordinance shall take effect as provided by law. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the S.Op (hP,,r , 1986. ATTEST: I , , Sherri L. An`clerson, City Clerk APPRO AS TO FORM: Craig D. utson, City Attorne PUBLISHED:, �1' rf f'.vV/t t 4' I.' 1 -14- 911 day of