HomeMy WebLinkAbout02-02
RESOLUTION NO. 2-02
A RESOLUTION of the City Council of the City of Port Angeles,
Washington, amending the rules ofthe Civil Service Commission.
WHEREAS, P AMC 2.22.040B 1 provides that the Civil Service Commission shall
promulgate Civil Service Rules necessary to carry out and enforce the purpose ofthe Civil Service
Ordinance and that such rules shall be subject to adoption by resolution of the City Council; and
WHEREAS, the Civil Service Commission has promulgated Civil Service Rules, which
the City Council adopted by Resolution 24-89 and has subsequently amended by other resolutions;
and
WHEREAS, the Civil Service Commission has conducted a complete review ofthe Civil
Service Rules, with the participation of the Chief Examiner, the police and fire chiefs, and the
unions representing the police and fire departments, and has recommended the changes as set forth
in the attached Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port
Angeles as follows:
Section 1. The rules ofthe Port Angeles Civil Service Commission are hereby amended
as set forth in the attached Exhibit "A".
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 5th day of February, 2002.
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APPR~ED AS TO FORM:
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Craig D. n, CIty Attorney
ATTEST:
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Exhibit "A"
CITY OF PORT ANGELES
CIVIL SERVICE COMMISSION
RULES AND REGULATIONS
F:\ORDINANCES&RESOLUTIONS\R2002-02.ExA. wpd
February 5, 2002
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Exhibit "A"
CITY OF PORT ANGELES
CIVIL SERVICE COMMISSION
RULES AND REGULATIONS
F:\ORDINANCES&RESOLUTIONS\R2002-02.ExA. wpd
February 5, 2002
CITY OF PORT ANGELES
CIVIL SERVICE RULES AND REGULATIONS
TABLE OF CONTENTS
PAGE
Section 1 - General Provisions:
1.01 Authority and Application 1
1.02 Scope and Purpose 1
1.03 Copies of Rules 1
1.04 Severability 1
Section 2 - Definitions 1-5
Section 3 - Duties and Procedures
3.01 Duties of the Commission 5
3.02 Meetings of the Commission 6
3.03 Chairperson and Vice-Chairperson Offices 6
3.04 Rules of Order 6
3.05 Business of the Commission 6
3.06 Investigations ofthe Commission 7
3.07 Observation of Selection Procedures by Commission 7
3.08 Legal Counsel of the Commission 7
3.09 Address of the Commission 7
3.10 Record of Commission Proceedings 7
Section 4 - Chief Examiner Duties and Procedures
4.01 Duties/Authority 8
4.02 Review and Appeals from Actions or Decisions of
the Chief Examiner 8
Section 5 - Applications
5.01 General Requirements for Filing Applications 9
5.02 Rejection of Applicant or Eligible 9
5.03 Admission to Examination Pending Appeal 10
5.04 Amendment of Application 10
5.05 Applications Not Returned 10
Section 6 - Examinations
6.01 Examination Announcements 10
6.02 Type of Examinations 10
6.03 Interview Board 11
6.04 Weighing of Examination Components 11
6.05 Veterans & Volunteer Preference Credit 11
6.06 Keyed Copy Inspection and Examination Protest 12
6.07 Correction of Clerical Errors 12
6.08 Examination Papers 12
6.09 Pre-Employment Testing 12
Section 7 - Certification and Appointment
7.01 General Provisions
7.02 Establishment of Eligible Registers
7.03 Duration of an Eligible List
7.04 Request for Certification
7.05 Certification
7.06 Inactive Status
7.07 Regular Appointment
7.08 Temporary Appointment
7 .09 Availability of Eligibles
7.10 Cancellation of Eligibility
Section 8 - Reinstatement
8.01 Duration of Reinstatement List
Section 9 - Disciplinary Action
9.01 Causes for Disciplinary Action
9.02 Types of Discipline
9.03 Pre-Discipline Procedures and Notice
9.04 Right to Representation
9.05 Evidence Supporting the Charges
9.06 Post Administrative Review Actions
Section 10 - Appeal Hearings
10.01 Types of Appeals
10.2 Time and Notice
10.3 Exhaustion of Remedies
10.4 Scheduling
10.5 Service and Filing
10.6 Discovery
10.7 Settlement
10.8 Burden of Proof
10.9 Evidence
10.10 Deliberation
10.11 Decision
10.12 Judicial Review
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CITY OF PORT ANGELES
CIVIL SERVICE RULES AND REGULATIONS
SECTION 1 - GENERAL PROVISIONS
1.01 - Authority and Application:
These rules are promulgated pursuant to the City of Port Angeles Civil Service Ordinance No. 2410.
Portions of these rules are subiect to the collective bargaining process. therefore. the labor contracts
will supercede these rules if any conflicts exist between the two documents.
1.02 - Scope and Purpose:
These rules govern the administration of the City of Port Angeles Civil Service System. These rules
shall provide for the selection, promotion, and discipline of positions within the Police and Fire
Departments on the basis of merit; provide for the Civil Service Commission to oversee the merit
system and hear appeals; and provide for investigation of matters relating to appeals of disciplinary
actions or matters concerning the selection process.
1.03 - Copies of Rules:
Copies of these rules shall be available free of charge, upon request.
1.04 - Severability:
If any provisions of these rules, or the application thereof to any person or circumstance, is held
invalid by a court of proper jurisdiction, such invalid portions shall not affect any other provision
or application of these rules or the Civil Service Ordinance of the City of Port Angeles.
SECTION 2 - DEFINITIONS
As used in these rules, the words and terms set forth shall be given the following meanings:
2.01 "Applicant" shall mean a person who has filed the necessary documents, as prescribed by
the Chief Examiner, to tttke--ft compete in the Civil Service examination selection process.
2.02 {'Appointing Authority or Power" means the City Manager or hislher designated Police
Chief or Fire Chief, if applicable.
2.03 {'Appointment" means the hiring by the Appointing Authority of a regular full time position
subject to the Civil Service System.
2.04 {'Board" means the qualifications appraisal panel, also known as the "Interview Board".
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2.05 "Break in Service" means loss of service credit resulting from resignation, discharge,
retirement, leave without pay, or other similar actions.
2.06 "Certification" means a list of names from an eligible register transmitted by the Chief
Examiner to the affected Department Head from which an appointment shall be made to fill
a vacant position.
2.07 {'Chief Examiner" means the City Human Resources Manager.
2.08 {{City" means the City of Port Angeles.
2.09 "City SUv'ice" shall meMl time in "l..hieh Ml empl6yee has been employed under 8 Civil
Service position for the City 6fPort Angeles, cxelttding 8fi)' 1eft"v'es of absenee "vvithm:rt pay,
or other break in 8crvice.
2.09 {{Class" means a group of positions designated as having similar duties and responsibilities
and the same salary range and qualifications to be grouped into a single classification for
purposes of examination.
2.10 {{Class Series" means two or more classifications which are similar as to occupation but
which differ in responsibility and authority and are ranked in a career ladder as a normal line
of promotion, such as Police Officer, Police Sergeant, Police Captain; or Firefighter and Fire
Captain.
2.11 {{Class Specification" (sometimes referred to as a "job description:) means a description of
the nature of work, distinguishing characteristics, if necessary, examples of duties,
qualifications, knowledge, abilities and skills required for the classification.
2.12 '{Classified Position" means a position subjectto the Civil Service System including regular,
full-time budgeted positions of the Port Angeles Police Department or Fire Department in
the following classifications, or as amended from time-to-time:
Police Department
Police Officer
Police Corporal uu
Police Sergeant uu
Police Captain uu
Deputy Police Chief Ull
Police Lieutenant uu
Communications Officer
Animal Control Officer
Parking Enforcement Officer
Communications Supervisor uu
Records Supervisor uu
Records Specialist
Warrant Entry Clerk
Administrative Assistant
Support Services Technician
Fire Department
Assistant Fire Chief uu
Fire Marshal uu
Firefighter/EMT
Firefighter/Paramedic
Fire Captain Ull
Medical Officer uu
Training/Safety Officer Uti
Administrative Assistant
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(p) = Those classifications which are filled through promotional openings. as long as there
are three or more qualified candidates who are willing to participate in the selection process
from within the department. If there are less than 3 qualified internal candidates that apply.
the Chief has the option to use open or lateral recruitment to fill the vacant position. In the
event of external recruitment. any qualified internal candidates may also apply along with
the external candidates and compete in the selection process. Variances to the process for
certain promotional classes may vary in accordance with terms and conditions in the labor
contracts.
2.13 "Commission" means the Civil Service Commission of the City of Port Angeles and
"Commissioners" means anyone ofthe three Commissioners appointed to that Commission
by the City Council.
2.14 "Continuous Service" means unbroken service with the City of Port Angeles or within a
classification, excluding any approved leaves of absence.
2.15 "Department Head" means the Police Chief or Fire Chief of the City of Port Angeles. ftS"1s
applieablc.
2.16 {{Discipline" or {{Disciplinary Action" means any personnel action by the Appointing Power
that is based on iust cause, that adversely affects the employee's compensation wages.
benefits. or other terms and conditions of employment. and that is appealable to the Civil
Service Commission, including the following:
· Demotion: Involuntary moving of an employee from a higher classification to a
classification having a lower salary range.
· Discharge: Involuntary Termination, also known as dismissal, fired, or removed from
employment. for just eause.
· Reduction of Pay: Involuntary Reduction in an employee's wages as a result of
disciplinary action.
· Suspension Without Pay: Temporarilv suspending an employee's pay for disciplinary
reasons.
· Transfer: Involuntary Transfer for disciplinary reasons from one position to another
position within the same classification which negatively affects the employee's
compensation or benefits.
· Other similar action imposed for purposes of discipline which results in loss of
compensation or benefits.
2.17 {{Eligible" means a person qualified for a given classification through proper examination
and placed on a valid eligible register.
2.18 "Examination" means the process of testing the fitness and qualifications of applicants.
including the f-ollo'vving:
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· Open Examination: An examinati6n 6pen t6 8ft). member 6f the ptlblie w'h6 meets the
qualifications as statcd in the examination anft61.:UlCement.
· Promotional Examination: l.;n examination open only to City. of Port Angeles Police or Fire
Department employees in a specified elassifieation ft3 stated in the examination
anft01.:Uleement.
2.19 '{Examination Announcement" means the official job bulletin prepared by the Chief
Examiner or designee indicating the recruitment period, qualifications, summary of job
description, closing date, examination procedures (if applicable), type of examination, or
other relevant information as determined by the Chief Examiner.
2.20 "Sworn Positions": means uniformed personnel in the ranks of law enforcement or
firefighting and emergency medical classifications.
2.21 '{Non-Sworn Positions": means Clerical. Administrative. Technical. and other civilian
personnel in the Police and Fire Departments.
2.21 "Latertt[ Enfry Examintttioll" means an examination process ';;hcreby only experieneed
persons are recruited to fill a vacancy in the Civil Service System vihcn Ml immediate need
is demonstrated.
2.22 "Pt'ohtttimlary Emp!ayee" means Ml employee, 'vvhilc employed during the first tvv'eh-e (12)
months of employment.
2.22 "Probationary Employee Period" means the status of an employee during the first t'v'v'dve
(12) months of employment to determifte fitHess by perrormanee for the position appointed.
his/her initial review period in a new lob to determine satisfactorv performance. The
employee may be terminated without cause during the probationary period. During the
probationary period the department determines if the employee's performance is at a
satisfactory level and upon completion. the employee is retained as a regular employee or
terminated from the position. The probationary period may only be extended by approval
of the City Manager. for a period he/she determines. A probationary employee may be
terminated without cause and has no appeal rights or other recourse.
Police Officers begin a 12-month probationary period after completing the State Law
Enforcement Academy. Fire Department personnel have a 12-month probationary period
from the date of hire. Employees promoted into a higher classification in the Police or Fire
Department shall serve a 12 month probationary period. If a promoted employee fails
probation. he/she shall revert back to the position held prior to the promotion.
2.23 Recruitment Process:
"Open Recruitment" means recruitment which will be open to the public and not restricted
to existing City employees. The applicant shall meet the qualifications and standards
established in the lob announcement.
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"Lateral Entrv" means the City is conducting open recruitment to hire non-promotional
positions laterally from candidates in other police or fire departments who meet the
qualifications of the position that is vacant.
Promotional Ovenings" means the City is recruiting to fill the position exclusively from
within the City Police or Fire Department employees. Promotional openings are those
classifications identified with a " (p)" as listed under rule 2.12.
"Transfer" means the City is recruiting to fill the position from within the City of Port
Angeles workforce and is not restricted to the Police and Fire Departments. This process
may be used only for non-sworn personnel. Employees that transfer must meet the
qualifications and standards established in the iob announcement.
2.24 {'Reinstatement" means reappointment of an employee to a position in a class in which the
employee previously held regular status, and meets the necessary qualifications for the
classification.
2.25 "Resignation" means a written request by an employee for separation of City service which,
to be proper, requires a minimum of fourteen (14) calendar days' advance notice for the
employee to leave in good standing.
2.26 '{Secretary" means the Chief Examiner, hislher designee, or such other person as the
Commission may designate.
2.27 {{Veterans Preference" means preference in examination based upon prior military service,
as provided for in the applicable State law.
2.28 {'Volunteer Preference": means additional credit points in the selection process given to
volunteers of the Port Angeles Fire Department.
SECTION 3 - CIVIL SERVICE COMMISSION DUTIES AND PROCEDURES
3.01 - Duties of the Commission:
The duties of the Commission shall include the following:
1) To promulgate, subject to approval of the City Council, necessary rules to carry out and
enforce the provisions of the City of Port Angeles Civil Service Ordinance.
2) To provide for investigation concerning all matters under the authority ofthe Civil Service
System.
3) To hold fair and impartial hearings concerning appeals of disciplinary action or appeals of
matters with respect to the administration of the selection procedures, or other such matters
governed by the Civil Service Ordinance, including administering oaths, issuing subpoenas
requiring the attendance of witnesses or documents needed for evidence, taking testimony
of witnesses, and reviewing any documents relative to matters before the Commission.
4) To perform other duties as may be prescribed or authorize by the Civil Service Ordinance
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of the City of Port Angeles.
3.02 - Meetin2s of the Commissioners:
1) The Civil Service Commission, hereinafter referred to as the "Commission" shall meet on
a quarterly basis or more often, as determined by the Commission, to carry out the business
of the Civil Service System. The quarterly meetings shall be the regular meetings of the
Commission and shall be held on the third Thursday of January, April, July, and October of
each year. Other meetings of the Commission shall be special meetings and shall be
scheduled on an as-needed basis, as determined by the Commission.
2) Notice of regular or special meetings of the Commission shall be provided as required by the
Open Public Meetings Act (Chapter 42.30 RCW).
3) The Commission shall be composed of three (3) members, and two (2) members shall
constitute a quorum to conduct business of the Commission.
4) All such Commission meetings or hearings shall be open and public; provided however that
the Commission may meet in executive session, as authorized by the Open Public Meetings
Act (Chapter 42.30 RCW).
3.03 - Chairperson and Vice-Chairperson Offices:
At the first quarterly meeting held in January of each year, the Commission shall select one of its
members to be Chairperson and another member to be Vice-Chairperson for a one-year term of
office. Should either the Chairperson or Vice-Chairperson of the Commission resign or be removed
from their position on the Commission, the Commission, upon appointment of a new member by
the
City Council, shall proceed to elect a new Chairperson and/or Vice-Chairperson to fill the vacant
position for the remaining term of office.
3.04 - Rules of Order:
Roberts' Rules of Order shall be the procedural authority on questions of parliamentary law not
otherwise provided for in these rules.
3.05 - Business of the Commission:
The Secretary shall publish proper notice of Commission meetings. Any matters that the public
wishes the Commission to address shall be submitted to the Secretary, together with any pertinent
information, for the Commission to consider, and the Secretary shall place them on the
Commission's agenda, provided that upon motion of the Commission additional items may be
placed on the agenda.
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3.06 - Investi~ations by the Commission:
The Commission may conduct on its own or with available and/or budgeted resources, the necessary
investigations relative to an appeal before the Commission, or investigate other matters properly
brought before the Commission. If directed by the Commission, the Chief Examiner shall conduct
the necessary investigations and prepare a detailed report for the Commission. If an investigation
is necessary for an appeal, the Commission shall ensure that such investigation does not result in a
conflict of interest of possibly prejudice information toward one side or the other.
3.07 - Observation of Selection Procedures by Commission:
Pursuant to the Civil Service Commission's authority under PAMC 2.22.040(B)(2) to make
investigations concerning and to report upon all matters touching the enforcement and the effect of
the City's Civil Service Ordinance, the Commission sftftH may assign one of its members, 6ft'"'ft
rotating basis, to attend in an observer capacity, tests and interviews of applicants for positions in
the classified Civil Service.
The purpose of the observation any reports shall be for the Commission's information in the event
that the tests and interviews are challenged or the Commission is requested to investigate whether
or not the tests and interviews are being conducted in a fair and effective manner and are otherwise
in compliance with Chapter 2.22 of the Port Angeles Municipal Code.
3.08 - Le~al Counsel of the Commission:
The legal counsel of the Commission shall be the City Attorney or his designee, unless
circumstances such as a conflict of interest require the Commission to retain outside counsel. Such
legal counsel shall be available at the Commission's request to advise and represent the Commission,
if matters require possible legal action or legal opinions for the Commission. Retaining outside
counsel shall be subject to budgetary authorization by the City Council.
3.09 - Address of the Commission:
The official address of the Civil Service Commission shall be the City of Port Angeles, P.O. Box
1150,321 East Fifth Street, Port Angeles, Washington 98362.
3.10 - Record of Commission Proceedin~s:
The official record of the Commission shall be the minutes of Commission meetings. As approved
by the Commission, the Secretary shall keep public records of the Commission meetings and actions.
A party to a proceeding, at hislher expense, may have a court reporter record all or part of a hearing.
Cost of a court reporter or cost of transcripts used by the Commission in their review of a hearing
shall be borne by the appealing party unless otherwise determined by the Commission.
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SECTION 4 - CHIEF EXAMINER DUTIES AND PROCEDURES
4.01 - Duties/Authority:
The duties of the Chief Examiner shall include the following:
1) Serve as Secretary to the Civil Service Commission, as directed by the Commission, and
perform such duties as the Commission may direct under the authority of the Civil Service
Ordinance.
2) Prepare examinations, recruitment announcements, schedule examinations, score exams, and
maintain the classification plan Gob description for each classification) ofthe Civil Service
System, all to be done in a fair and impartial manner and to be based solely on merit and
fitness.
3) Report to the Commission from time to time concerning the work of the Chief Examiner
relative to the Civil Service System.
4) Prepare the Civil Service budget for the appro-v'al ofthe Commission and the City Cotmcil.
11 Classify Civil Service positions and prepare and maintain job descriptions for each
classification.
4.02 - Review and Appeals from Actions or Decisions of the Chief Examiner:
Any person adversely affected by an action or decision of the Chief Examiner may request the
Commission to review and revise or amend such action or decision. Such an appeal request shall
be submitted in writing, setting forth with reasonable certainty the action or decision that the person
objects to, the grounds supporting the request, and the relief sought. The request must be made
within ten (10) fourteen (14) calendar days of the date of such action, knowledge of the action, or
decision by the Chief Examiner. The Commission shall thereupon schedule a special appeals
hearing, as a public hearing, to hear the matter, conduct any investigation as necessary, and rule
relative to the appeal. The Commission may designate a temporary Secretary for appeals of actions
or decisions of the Chief Examiner. Failure to file an appeal in a timely manner shall result in a
denial of the appeal.
SECTION 5 - APPLICATIONS
5.01 - General Requirements for Filine Applications:
1) All applicants f-or examinations for positions under Civil Service must complete a City of
Port Angeles application. No one shall be admitted to 8:fl)' examination 'vvithout ha"v'ing first
completed and signed an. application giving fully, truthfull:r, Mid aectlfately, all information
required.
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2) In order to be accepted for examination, the applicant must:
a) Meet the educational and experience requirements specified in the job announcement.
b) As requested in the examination procedures, produce evidence of education, training,
experience, or any other requirements of the examination.
3) Time for filing applications:
a) All applications for examination shall be filed with the City of Port Angeles Human
Resources Office within the time limit specified in the job announcement.
Applications received by mail in the Human Resources Office must be postmarked
on or before the closing date.
b) The time deadline for filing applications may be extended by the Chief Examiner if
insufficient qualified applicants exist in order to conduct an examination. Public
notice of such an extension will be made in the appropriate manner as determined by
the Chief Examiner.
5.02 - Rejection of Applicant or Eli2ible:
The Chief Examiner may reject an applicant for examination, withhold from a register or from
certification the name of an eligible, or remove from a register the name of an eligible if the
applicant or eligible:
1) Does not meet the requirements set forth in the job announcement.
2) Is found to be physically or mentally unfit to perform the duties of the position as determined
by a licensed physician and/or psychologist.
3) Has been convicted of any felony, or convicted of a misdemeanor involving moral turpitude,
or other conviction which is job related.
4) Has made any material false statement or has attempted any deception or fraud in connection
with application to seek employment.
5) Fails to appear for any stages or portions of the examination process, or fails any pre-
employment examination procedure.
6) Has assisted in preparing any portion of the examination or has in any other manner secured
confidential information concerning such examination which might give an unfair advantage
over other applicants in the examination.
7) After notification, did not promptly appear at the time and place designated for the
examination.
8) Has been dishonorably discharged from military service for cause equivalent to conviction
of a felony or misdemeanor involving moral turpitude or other cause which is job-related.
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5.03 - Admission to Examination Pendin~ ApDeal:
The Chief Examiner may admit to the examination anyone whose application was not accepted,
pending final disposition of an appeal, such admission to be without prejudice to either the City or
the applicant.
5.04 - Amendment of Application:
The Chief Examiner may permit an applicant to amend the information on the application or file
additional information as long as such amendment is prior to any phases of the testing process.
5.05 - Applications Not Returned:
All applications, when filed, become the property of the City and thereafter may not be returned to
the applicant.
SECTION 6 - EXAMINATIONS
6.01 - Examination Announcements:
Public notice of entrance examination or other examinations open to the public shall be published
in the local newspaper and/or other publications, as determined by the Chief Examiner. The official
job bulletin shall be posted in the City Human Resources Office and distributed to the appropriate
departments and other agencies for posting. Additionally, the Chief Examiner shall determine any
other appropriate recruitment publications to attract qualified applicants.
6.02 - Tvpe of Examinations:
General Provisions for Requesting to Fill a Vacant Position:
In the event of an opening in the Police or Fire Department. the Chief of the department shall notify
the Chief Examiner in writing of the opening. The Chief shall request one of the following defined
methods below to recruit and fill the position:
"Open Recruitment" means recruitment which will be open to the public and not restricted
to existing City employees. The applicant shall meet the qualifications and standards
established in the iob announcement.
"Lateral Entrv" means the City is conducting open recruitment to hire non-promotional
positions laterally from candidates in other police or fire departments who meet the
qualifications of the position that is vacant.
Promotional Gvenings" means the City is recruiting to fill the position exclusively from
within the City Police or Fire Department employees. Promotional openings are those
classifications identified with a " (p)" as listed under rule 2.12.
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"Transfer" means the City is recruiting to fill the position from within the City of Port
Angeles workforce and is not restricted to the Police and Fire Departments. This process
may be used only for non-sworn personnel. Employees that transfer must meet the
qualifications and standards established in the iob announcement.
All examinations The selection process shall be competitive, impartial, and job related. They shall
be It shall be used to qualify and rank applicants in terms of their relative fitness for the duties of the
class. Examinations Testing procedures may include written tests, assessment center, 6f education
and training qualifieations evaluations, physical or performance tests, background and psychological
investigations, or any other suitable evaluation of fitness, or any combination of such tests. Stieh
examinations Testing procedures shall evaluate education, experience, aptitude, knowledge, skill,
physical condition, and other qualifications to determine the relative fitness of the applicants.
6.03 - Interview Board:
Entry k,,'cl examinations shall have Mi The Interview Board shall be composed of three persons.
One member shall be the Chief Examiner or his designee. The Chief Examiner shall appoint the
other two members who shall be from the respective operating department. One shall be a
management representative (excluding the Chief of the department) and the other shall be a
supervisory representative within the department or a department member with ten years or more
service in the same position being tested.
F or promotional examinations in the Police and Fire Departments, the Interview Board shall be three
uniformed professional personnel in a supervisory capacity from outside the local area. The Chief
Examiner or his designee will administer the examination selection process but will not be a rater
in the interviews.
6.04 - Weiehine of Examination Components:
Each examination shall contain one or more parts to which percentage weights shall be assigned,
which total 1 00%. Each part shall be graded independently and then combined with other scores to
arrive at a total score for placement on the eligible list. Failing any component will result in
disqualification from further competition in the examination process.
6.05 - Veterans Credit and Volunteer Preference Credit:
Veterans Credit: Veterans who have passed all required portions of an examination shall be entitled
to credit, pursuant to Chapter 41.04 RCW.
V olunteer Preference Points: An applicant for an entry-level firefighter position shall be eligible
for a credit of one half one percent for each 6 months of experience as a volunteer firefighter with
the P AFD, up to a maximum of 5% 10%, provided that the following criteria are met:
1) The applicant shall have been appointed to the Port Angeles Volunteer Fire Department
following an open, competitive, non-discriminatory selection process. c6nsisteftt 'vvith the
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niles of the Civil Serviee Commi3sion Mid Chapter 2.22 PAMC.
2) Tilt: applieMtt shall have sueeessfully e6mplcted the eOtlf3e of training c3tabligfied for
volunteer firefighters by the Port Angeles Fin: Department. The applicant shall be in good
standing as a volunteer as determined by the PAFD volunteer by-laws.
3) The volunteer preference credit shall be added to the applicant's written test score.
4) If using veterans credit. the volunteer shall not be entitled to also receive volunteer points in
the selection process.
6.06 - Keyed Copy Inspection and Examination Protest:
Any protest relative to the scope, content, or applicability of any specific question of the written
examination shall be filed with the Chief Examiner within the time allotted for the examination,
stating the nature of the challenge, the correct answer if known, together with a possible source to
verify the answer. No keyed copy ofthe examination will be provided for inspection. However, the
applicant may request the Chief Examiner to verify the scoring for possible errors.
When a qualifying grade or score is required on any part of an examination, those who fail shall be
notified and any protest or appeal must be filed within ten (10) working days after the notice of
results have been mailed (excluding challenges to specific questions, which is noted above). All
protests filed in accordance with this rule shall be reviewed and any proper corrections made, if
clerical errors are found. If corrections are applicable to other examines, the corrections shall be
made and proper notice provided to applicants iftheir score is affected.
6.07 - Correction of Clerical Errors:
Any clerical error may be corrected by the Chief Examiner upon discovery at any time during the
life of the eligible register, but no such correction shall affect an appointment made from a
certification made prior to the correction.
6.08 - Examination Papers:
Examination papers of each candidate on the eligible list shall be kept on file in the Human
Resources Office until the expiration of the eligibility list.
6.09 - Pre-Employment Testin~:
Candidates certified from the eligible list shall be subject to pre-employment testing, including any
or all of the following: medical, psychological examination, background investigation, reference
checks, and polygraph, or other similar testing device, if necessary; provided however, polygraph~
or other similar testing examinations shall be administered only for entry-level al'PlieMtts positions.
In the event the candidate fails one or more of the pre-employment examinations, the Chief
Examiner may recommend to the Commission to have the individual removed from the eligible list,
with notice to the candidate stating the reason for such removal. In this event, an additional name
will be certified to the Department Head for consideration. 30 that the Department Head haJ five
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qualified candidates in whieh to eonsider for hislher hiring dceision.
SECTION 7 - CERTIFICATION AND APPOINTMENT
7.01 - General Provisions:
Vacancies in Police or Fire Departments shall be filled by reinstatement, promotional appointment,
open appointment, or in the absence of an appropriate eligible list register, the Chief Examiner may
authorize a provisional appointment, not to exceed four (4) months, pending establishment of an
appropriate eligible list. Any person appointed to a provisional appointment shall meet the
qualifications for the classification.
7.02 - Establishment of Elie:ible Lists RtCistcrs:
After each examination, an eligible register list for the class shall be prepared with the names of
candidates ranked as follows:
1) On a promotional examination rcgister list: relative rank shall be determined by the final
examination score;
2) On an open examination register list: relative rank shall be determined by the total of all
examination scores, together with applicable percentage allowed by law for veterans
preference or fire department volunteer preference credits.
3) If a tie exists on the final score, both candidates shall be certified to the department for
consideration.
7.03 - Duration of an Eli~ible List:
Eligible lists shall become effective on the date signed by the Chief Examiner and shall remain valid
for a period of twelve (12) months. The Chief may request another examination if the entry level list
has fewer than 5 names or the promotional list has fewer than 3 names. or tlfttil four (4) or f-cv.'er
qualified eandidaocs rcmain on the list.
An eligible list may be extended beyond the initial twelve(12) month duration for a period approved
by the Commission, not to exceed a total of twenty-four (24) months.
An eligible list shall be declared canceled by the Commission and a new examination ordered in the
event of (a) fraudulent conduct involved in the examination by one or more ofthe candidates on the
list resulting in the exam being compromised; or (b) insufficient number of qualified candidates exist
on the eligible list.
7.04 - Request for Certification:
Whenever an appointing authority wishes to fill a vacancy, a request for certification shall be
submitted to the Chief Examiner. The request shall show the number of positions to be filled, the
class title, and cause of vacancy, or if a new position.
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7.05 Certification:
1) Certification to fill a "{!:leaner shall be made by the Secretary' from eMablished registers. The
eligible list, through the open eXMlination pr5ecss, shall be used (exeluding pr6m6ti61iftl
positions) unless the Department Head rcqtle3ts pennissi6n fr6m the C6mmissi6n to fill the
vaeant position by lateral entry examination.
2) Rule of Five,'Three: The top five Se5res on the eligible list f6r entry k"v'el positi6lis Mid the
top three scores Oli the eligible list for promoflOlutl positi6lis shtlll be eertificd w the
Department Head. Should any 5fthe eMididates be found iffy'alid, removed fr6m the list, or
disqualified in S5me lilanner, Mi additi6ftal name shall be eertified from the list 1:6 the
Department Head. S6 that fi"le qtlalificd efl.lldidates for entry k-y'et p6siti5lis Mid tMee
qtlalified eMididates f6r promoti6nal positi6ns Me available to seleet fr6m for his,' her hiring
deeisioli.
7.05 - Certification
Certification to fill a vacancy shall be made by the SecretarY to the Department Head from
established lists registers. unless the vacancy is filled as a provisional appointment. When a vacancy
is filled from an existing: list. promotional openings shall be filled using a rule of three candidates
being certified from the eligible list. All other vacancies shall be filled usinl! a rule of five candidates
being certified from the eligible list. Should any of the candidates be disqualified from the list. an
additional name shall be certified to the Department Head. The Department Head may select any
of the certified candidates. In the event of more than one vacancy. the Chief shall be certified
additional names from the list. so that the Chief has two more names than vacancies from which to
select.
7.06 - Inactive Status:
The Chief Examiner may grant inactive status to an eligible upon receipt of a written request to
become inactive on the eligible list. Inactive status will prevent certification of the eligible until the
next vacancy occurring after the eligible has given written notice of his desire to be returned to the
register, and remains otherwise qualified for the position,
7.07 - Reeular Appointment:
A regular appointment to fill a vacancy must be made from the names contained on a valid eligible
list. The Department Head, after making the selection, shall eause to bc forward to the Human
Resources Office a completed fi'" Personnel Action Form (P AF) indicating the effective date of hire,
the salary, and other pertinent information. The Human Resources Office will coordinate the pre-
employment medical examination 'vvhieh must be eoml"leted prior W Marting empl5yment and
psychological evaluation. if necessary.
7.08 - Temp6rary Provisional Appointment:
Where there is no suitable eligible register list from which certification can be made, the Chief
Examiner may allow the Appointing Authority to make a kmporttry provisional appointment. A
temp5rMY provisional appointment may be made for a period of up to four (4) months, and may not
be extended for a longer period of time, unless special dispensation is granted by the Commission.
No person shall receive more than one temporary provisional assignment in any twelve (12) month
period without specific authorization by the Commission.
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7.09 - Availability of Eli~ibles:
It shall be the responsibility of an eligible to notify the Human Resources Office in writing
immediately of any changes in address, telephone number, change of name through marriage or
otherwise, or any changes which may affect availability for employment. Failure of proper notice
because of an incorrect address shall result in removal of the name from the eligible list and the next
available eligible certified.
7.10 - Cancellation of Elieibility:
1) A candidate's name may be removed from an eligible register for failure to pass a required
examination or upon receipt of proof that the candidate cannot perform the job because of
physical or mental disability, failure to pass the background investigation, or other unfitness,
fraudulent conduct, or false statements by the eligible or by others with the eligible's
collusion, in connection with any application, examination for, or securing of an
appointment. A previous unsatisfactory work record with the City of Port Angeles or
dismissal from employment shall be deemed cause for cancellation of eligibility.
2) Separation from City service will terminate any promotional eligibility.
3) Upon failure to respond to a recall or refusal to accept employment within fourteen (14)
calendar days of notice, the Chief Examiner shall strike the eligible's name from the register
and notify the reason for such action.
SECTION 8 - REINSTATEMENT
8.01 - Duration of Reinstatement List:
Regular employees who have been laid off in good standing or who have been granted a leave of
absence without pay, may be reinstated by the Appointing Power prior to using the entry level or
lateral entry eligible list.
SECTION 9 - DISCIPLINARY ACTION
9.01 - Causes for Disciplinary Action:
Causes for disciplinary action include but are not limited to the following:
1) Incompetency, inefficiency, or inattention to or dereliction of duty.
2) 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 willful failure on the part of the employee to properly
conduct himself; or a willful violation of the provisions of the Civil Service rules.
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3) Mental or physical unfitness for the position which the employee holds.
4) Dishonest, disgraceful, immoral, or prejudicial conduct.
5) 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 functions and duties of any position under Civil Service.
6) Conviction of any felony or misdemeanor, directly or indirectly related to the employee's
employment with the City of Port Angeles.
7) Any other act or failure to act which, in the judgment ofthe Appointing Power, is sufficient
to show cause for disciplinary action, including but not limited to the following:
a) Absence without leave;
b) Sexual harassment;
c) Negligent or willful damage to public property or waste of public supplies or
equipment;
d) Fraud or dishonesty in securing appointment or promotion;
e) Failure to report an accident or falsely filing a report concerning an injury;
f) Willful or intentional violation of the department's policy manual.
9.02 - Tvpes of Discipline:
A regular full-time employee (excluding probationary employees who are not subject to these Civil
Service appeal procedures for disciplinary action) may be disciplined for just cause, as set forth in
Section 9.01. Disciplinary actions include demotion, suspension without pay, reduction in pay,
discharge, or other such action resulting in the los of compensation or benefits.
9.03 - Pre-Discipline Procedures and Notice:
An employee who is being considered for disciplinary action is entitled to an administrative review
and an informal hearing of the charges prior to imposing the disciplinary action, except in emergency
situations where such review shall be after the disciplinary action has been implemented. During
this review, the employee shall receive in writing the nature of the charges, citing specific violations
of rules, policies, procedures, etc., and be given an opportunity to respond to the charges as to why
the proposed disciplinary action should not be imposed.
9.04 - Ri~ht to Representation:
The employee has a right to have legal counsel and/or other representative present during the
informal hearing process, or any other discussions between the employee and supervisor, if such
discussions relate to the disciplinary action being considered.
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9.05 - Evidence Supportine the Charees:
The department's explanation of the evidence during the administrative review process shall be
sufficient to apprize the employee of the basis for the proposed action. This however, shall not be
construed as limiting the department from presenting more detailed or additional information at a
later date when such information was not known or was unavailable at the time of the discussion.
9.06 - Post Administrative Review Actions:
The Department Head shall consider the response from the employee or representative and either
affirm, modify, or cancel the proposed disciplinary action. The decision may be made during the
administrative review process or at a later time after additional consideration. However, in either
event, a written response as to the Department Head's decision will be provided to the employee,
with a copy to the Civil Service Commission.
SECTION 10 - APPEAL HEARINGS
10.01 - Types of Appeals:
Any regular employee may appeal disciplinary action to the Commission. Any applicant for
employment may appeal any action of the Chief Examiner to the Commission.
10.02 - Time and Notice:
A notice of appeal shall be filed with the Commission within fourteen (14) calendar days of the
action or knowledge of the action that is the subject of the appeal. The notice of appeal shall be in
writing and include the mailing address of the appellant. The notice shall also contain a detailed
description of the facts giving rise to the appeal, and a concise statement of the reason for the appeal,
together with the requested remedy. Failure to submit an appeal within the time limits specified
shall result in a denial of the appeal.
10.03 - Exhaustion of Remedies:
An employee may not use the Civil Service appeal process on any matter subject to the grievance
process of the collective bargaining agreement. Any administrative process available to the
employee prior to the Civil Service process must be used prior to this appeal process, i.e., exhaust
administrative remedies.
10.04 - Scheduline:
Upon receipt of a notice of appeal, the Commission shall forward a copy of the notice to affected
parties. A hearing before the Commission shall be set within thirty (30) calendar days of notice of
the appeal, unless the parties agree upon a time extension, not to exceed ninety (90) calendar days,
unless approved by the Commission. If the appeal is not heard within such time period, the
Commission may dismiss the appeal.
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10.05 - Service and Filine:
1) The Secretary shall cause to be served all orders, notices, and other papers issued by the
Commission, including subpoenas. All other papers shall be served by the party filing the
notice, document, or paper.
2) All notices, documents, or papers served by either the Commission or a party shall be served
upon all counsel of record at the time of such filing and upon parties not represented by
counsel. Service ofthe initial appeal to the Commission shall be in person or by registered
or certified mail, and all other correspondence may be by regular mail service.
3) Papers required to be filed with the Commission shall be deemed filed upon actual receipt
of the papers at City Hall or three (3) days after mailing, whichever is earlier. D6et1ft1entary
evidcncc is fiot rcquired to be filed, but father l'ro"v'idcd at the heming. IIov.e"..er, A list of
known issues, exhibits, stipulations, and evidence shall be provided to the Secretary for the
Commission and the affected Department Head at least five (5) work days prior to the
hearing. Any documents to be used during the appeal hearing must be provided to the
Commission and the opposing party at the beginning of the hearing for proper discovery.
4) An appellant or petitioner is responsible for notifying the Commission in writing of any
change in address and. telephone number.
10.06 - Discovery:
Parties to a proceeding are required to provide to each other reasonable access and discovery to all
relevant information concerning the matter before the Commission. Any questions concerning
relevancy or access shall be resolved by order of the Commission prior to the beginning of the
hearing.
10.07 - Settlement:
1) The exercise of jurisdiction by the Commission over a matter does not preclude the parties
from settling the matter prior to the hearing. Upon resolution of a matter prior to hearing,
the appellant shall request the dismissal of the matter and the parties shall notify the
Commission of the settlement.
2) The parties are encouraged to settle appeals prior to formal hearing and may meet with the
Chief Examiner for pre-hearing settlement conferences in order to settle contested matters.
10.08 - Burden of Proof:
At any hearing on appeal resulting from a disciplinary action, the Appointing Power shall have the
burden of showing that its actions was for cause. At any other hearing, the petitioner or appellant
shall have the burden of proof by a preponderance of the evidence.
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10.09 - Evidence:
1) Subject to other provisions of these rules, all complete and relevant evidence shall be
admissible, as determined by the Commission.
2) When objection is made to the admissibility of evidence, such evidence may be received
subj ect to a later ruling. The Commission may exclude inadmissible or hearsay evidence and
may order cumulative evidence discontinued in its discretion, either with or without
objection. A party objecting to the introduction or exclusion of evidence shall state the
grounds of such objection at the time such evidence is offered or excluded. No such
objection shall be deemed waived by further participation in the hearing.
3) At any hearing before the Commission when documentary exhibits are to be offered into
evidence, the original shall be provided to the Commission and copies shall be furnished to
the opposing party and to each Commission member.
4) Witnesses in any hearing shall be examined verbally, under oath or affirmation, and shall be
subject to cross-examination by opposing parties and the Commission.
10.10 - Deliberation:
The Commission may deliberate in closed (executive) session when considering a disciplinary case.
Deliberations by the Commission shall otherwise be subject to Chapter 42.30 RCW. No person,
other than legal counsel, shall attempt to convey any information or opinion to the Commission
concerning any matter on appeal, other than in open hearing. The Commission may request each
party to submit post-hearing briefs and/or draft proposed findings offact and conclusions oflaw for
the Commission's consideration.
10.11 - Decision:
The Commission shall issue a written decision, including findings of fact, conclusions of law, and
an order, to each party or counsel of record. A decision shall be issued within ten (10) work days
of the close of the hearing of an appeal by the Commission. If post-hearing briefs are filed, the close
of the meeting shall be the time deadline specified by the Commission for submittal of the briefs.
10.12 - Judicial Review:
Any court action challenging a final action or decision taken by the Chief Examiner or Commission
shall be commenced within fifteen (15) fourteen (14) calendar days of such action or decision. The
cost of preparing any transcript that may be necessary for judicial review shall be borne by the party
seeking such judicial review.
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