HomeMy WebLinkAbout04-19VESOLUTIONNO. Dq'lq
A RESOLUTION of the City Council of the City of Port Angeles,
Washington, amending the rules of the Civil Service Commission.
WHEREAS, PAMC 2.22.040 B I provides that the Civil Service Commission shall promulgate
Civil Service Rules necessary to carry out and enforce the purpose of the 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 of the 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,
Washington, as follows:
Section 1. The rules of the 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, 2019.
Sissi Bruch, Mayor
ATTEST:
�16
Kari Martinez -Bailey, tyler
APPR ED AS TO FO
William E. Bloor, City Attorney
CITY OF PORT ANGELES
CIVIL SERVICE
RULES AND REGULATIONS
Human Resources Office
February, 2002
(Amended 3/09)
(Amended 9/2012)
Amended 1/2019
CITY OF PORT ANGELES
CIVIL SERVICE RULES AND REGULATIONS
TABLE OF CONTENTS
PAGE
Section I - General Provisions:
1.01
Authority and Application
1.02
Scope and Purpose
1.03
Copies of Rules
1.04
Severability
Section 2 - Definitions 1-5
Section 3 - Duties and Procedures
3.01
Duties of the Commission 5
3.02
Meetings of the Commission 5
3.03
Chairperson and Vice -Chairperson Offices 6
3.04
Rules of Order 6
3.05
Business of the Commission 6
3.06
Investigations of the Commission 6
3.07
Observation of Selection Procedures by Commission 6
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 7
4.02 Review and Appeals from Actions or Decisions of
the Chief Examiner 8
Section 5 - Armlications
5.01
General Requirements for Filing Applications 8
5.02
Rejection of Applicant or Eligible 8
5.03
Admission to Examination Pending Appeal 9
5.04
Amendment of Application 9
5.05
Applications Not Returned 9
Section 6 - Examinations
6.01
Examination Announcements
9
6.02
Type of Examinations
10
6.03
Interview Board
10
6.04
Weighing of Examination Components
11
6.05
Veterans & Volunteer Preference Credit
11
6.06
Keyed Copy Inspection and Examination Protest
11
6.07
Correction of Clerical Errors
12
6.08
Examination Papers
12
6.09
Pre -Employment Testing
12
PAGE
Section 7 - Certification and Appointment
7.01
General Provisions
13
7.02
Establishment of Eligible Registers
13
7.03
Duration of an Eligible List
13
7.04
Request for Certification
13
7.05
Certification
14
7.06
Inactive Status
14
7.07
Regular Appointment
14
7.08
Temporary Appointment
14
7.09
Availability of Eligibles
14
7.10
Cancellation of Eligibility
14
Section 8 — Reinstatement
8.01 Rehire 15
8.04-2 Duration of Reinstatement List 15
Section 9 - Discinlinary Action
9.01
Causes for Disciplinary Action
15
9.02
Types of Discipline
16
9.03
Pre -Discipline Procedures and Notice
16
9.04
Right to Representation
16
9.05
Evidence Supporting the Charges
16
9.06
Post Administrative Review Actions
16
Section 10 - Anneal Hearings
10.1
Types of Appeals
17
10.2
Time and Notice
17
10.3
Exhaustion of Remedies
17
10.4
Scheduling
17
10.5
Service and Filing
17
10.6
Discovery
18
10.7
Settlement
18
10.8
Burden of Proof
18
10.9
Evidence
18
10.10
Deliberation
19
10.11
Decision
19
10.12
Judicial Review
19
CITY OF PORT ANGELES
CIVIL SERVICE RULES AND REGULATIONS
SECTION I - 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 subject to the collective bargaining process, therefore, the labor contracts
will supersede 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 compete in the Civil Service selection process.
2.02 Appointing Authority or Power: means the City Manager or his/her designated Police
Chief or Fire Chief, if applicable.
2.03 Appointment: means the hiring by the Appointing Authority of a position subject to the
Civil Service System.
2.04 Board: means the qualifications appraisal panel, also known as the Interview Board.
2.05 Break in Service: means loss of service credit resulting from resignation, discharge,
retirement, leave without pay, or other similar actions.
Page I
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 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 subject to 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
Fire Department
Police Officer
Assistant Fire Chief fp)
Police Corporal.(pj
Fire Marshal fpj
Police Sergeant fp)
Firefighter/EMT
Police Captain (pJ
Firefighter/Paramedic
Deputy Police Chief (p)
Fire Captain fpj
Police Lieutenant fpj
Medical Officer W
Communications Officer
Training/Safety Officer
Animal Control Officer
Administrative Assistant
Parking Enforcement Officer
Communications Supervisor �
Records Supervisor fp)
Records Specialist
Warrant Entry Clerk
Administrative Assistant
Support Services Technician
(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.
Page 2
2.13 Commission: means the Civil Service Commission of the City of Port Angeles and
Commissioners means any one of the 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.
2.16 Disciplinary Action: means any personnel action by the Appointing Power that is based on
just cause, that adversely affects the employee's wages, benefits, or other terms and
conditions of employment, and that is appealable to the Civil Service Commission, including
the following:
X Demotion: Involuntary moving of an employee from a higher classification to a
classification having a lower salary range.
X Discharge: Involuntary Termination, also known as dismissal, fired, or removed from
employment.
X Reduction of Pay: Involuntary Reduction in an employee=s wages as a result of
disciplinary action.
X Suspension Without Pay: Temporarily suspending an employee=s pay for
disciplinary reasons.
X 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.
X 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.
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.
Page 3
2.21 Non -Sworn Positions: means Clerical, Administrative, Technical, and other civilian
personnel in the Police and Fire Departments.
2.22 Probationary Period: means the status of an employee during his/her initial review period
in a new job to determine satisfactory 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 job announcement.
Lateral Entry 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 Openings 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 job announcement.
"Continuous Testing" means the City has open recruitment on a continuous basis for a
classification due to insufficient numbers of qualified candidates and periodically conducts
interviews or other testing processes to merge new candidates with the existing eligible list
for that class.
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.
Page 4
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, his/her 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 or Police Reserves.
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 of the 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 of
the City of Port Angeles.
3.02 - Meetings 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.
Page 5
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.
3.06 - Investigations 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 PANIC 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 may assign one of its members, 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.
Page 6
3.08 - Leaal 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, Human
Resources Office, P.O. Box 1150, 321 East Fifth Street, Port Angeles, Washington 98362.
3.10 - Record of Commission Proceedings:
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 his/her 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.
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 (job description for each classification) of the 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) Classify Civil Service positions and prepare and maintain job descriptions for each
classification.
Page 7
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 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 Filini! Applications:
1) All applicants for positions under Civil Service must complete a City of Port Angeles
application.
2) In order to be accepted for examination, the applicant must:
1) Meet the educational and experience requirements specified in the job announcement.
2) As requested in the examination procedures, produce evidence of education, training,
experience, or any other requirements of the examination.
3) Time for filing applications:
I 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.
2) 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 - Reiection of Applicant or Eligible:
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.
Page 8
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.
5.03 - Admission to Examination Pending Appeal:
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.
Page 9
6.02 - Type 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 0
existing City employees. The applicant shall meet the qualifications and standards
established in the job announcement.
Lateral Entry 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 Openings 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 job announcement.
"Continuous Testing" means the City has open recruitment on a continuous basis for a
classification due to insufficient numbers of qualified candidates and periodically conducts
interviews or other testing processes to merge new candidates with the existing eligible list
for that class.
The selection process shall be competitive, impartial, and job related. It shall be used to qualify and
rank applicants in terms of their relative fitness for the duties of the class. Testing procedures may
include written tests, assessment center, education and training evaluations, physical or performance
tests, background and psychological investigations, or any other suitable evaluation of fitness, or any
combination of such tests. 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:
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.
Page 10
For 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 selection process but will not be a rater in the
interviews.
6.04 - Weighing of Examination Components:
Each examination shall contain one or more parts to which percentage weights shall be assigned,
which total 100%. 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: (amended 2/20/09)
Veterans Credit: Veterans who have passed all required portions of an examination shall be entitled
to credit, pursuant to Chapter 41.04 RCW.
Fire Volunteer and Police Reserve Preference Points: An applicant for an entry-level firefighter
position shall be eligible for a credit of one percent for each 6 months of experience as a volunteer
firefighter with the PAFD or a Police Reserve with the PAPD, up to a maximum of 10%, provided
that the following criteria are met:
1) The applicant shall have been appointed to the Fire Volunteer or Police Reserve position
following an open, competitive, non-discriminatory selection process. Police Reserves must
have completed the reserve academy requirements and received a Reserve Officer Certificate.
2) The applicant shall be in good standing as a Fire Volunteer or Police Reserve as determined
by the administration of the Fire Department or Police Department respectively.
3) The preference credit shall be added to the applicants written test score.
4) If using veteran's credit, the Fire Volunteer or Police Reserve shall not be entitled to also
receive preference points in the selection process as a Firefighter or Police Officer.
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 of the examination will be provided for inspection. However, the
applicant may request the Chief Examiner to verify the scoring for possible errors.
Page 11
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 if their 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-EmDlovment 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 polygraphs or other
similar testing shall be administered only for entry-level 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.
6. 10 — Continuous Testing: This method of testing is used when there are insufficient numbers of
qualified candidates during a recruitment process, as determined by the Chief Examiner. The
recruitment is posted as "open until filled". Periodically, when several qualified applications are
received, Human Resources schedules testing. The test scores of the successful candidates are then
merged with the existing eligible list for that classification. Each candidate remains valid on the
eligible list unless removed for cause or the list expires. Candidates not hired in 12 months are
removed from the eligible list and are notified of this action. They may reapply and be retested as
appropriate.
The purpose of this process is to provide the Chief of the Department an adequate list of qualified
candidates to select from in a timely manner. The individual ranking of a candidate on the eligible
list may change as the scores are merged.
Page 12
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, 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 Eligible Lists:
After each examination, an eligible list for the class shall be prepared with the names of candidates
ranked as follows:
I ) On a promotional list: relative rank shall be determined by the final examination score;
2) On an open 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 Eligible List:
Eligible lists shall become effective on the date signed by the Chief Examiner and shall remain valid
for a period of six (6) months and may be extended for an additional 6 months with approval of the
Chief Examiner. Extension beyond 12 months requires approval of the Commission and may not be
extended for more than a total of 24 months. The Chief may request another examination if the entry
level list has fewer than 10 names or the promotional list has fewer than 3 names.
The "rule of 10" applies to entry level classifications and bet "rule of 3" applies to promotional
classifications. This refers to the number of candidates certified to the Department Director for
hiring consideration. An eligible list shall be declared canceled by the Commission and a new
examination ordered in the event of fraudulent conduct involved in the examination by one or more
of the candidates on the list resulting in the exam being compromised.
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.
7.05 - Certification
Certification to fill a vacancy shall be made by the Secretary to the Department Director from
established lists, 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 using a rule of 10 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.
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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 - Regular 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 forward to the Human Resources Office
a completed Personnel Action Form (PAF) indicating the effective date of hire, the salary, and other
pertinent information. The Human Resources Office will coordinate the pre-employment medical
examination and psychological evaluation, if necessary.
7.08 - Provisional Appointment:
Where there is no suitable eligible list from which certification can be made, the Chief Examiner
may allow the Appointing Authority to make a provisional appointment. A 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 provisional assignment in any twelve (12) month period
without specific authorization by the Commission.
7.09 - Availability of Eligibles:
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 Eligibility:
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.
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SECTION 8 - REINSTATEMENT
8.01 — Rehire: An employee who left the department in -good standine may be rehired at the
recommendation of the Department Head and as long as they meet the required Qualifications
for the position.
8.0204 - 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, upon recommendation of the
Department t lead, 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) Incompetence, 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.
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 of the Appointing Power, is sufficient
to show cause for disciplinary action, including but not limited to the following:
.1) Absence without leave;
2) Sexual harassment;
3) Negligent or willful damage to public property or waste of public supplies or
equipment;
4) Fraud or dishonesty in securing appointment or promotion;
5) Failure to report an accident or falsely filing a report concerning an injury;
6) Willful or intentional violation of the department's policy manual.
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9.02 - Tvr)es 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 loss 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 - Right 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.
9.05 - Evidence Sutmortine the Charges:
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.
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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 - Scheduling:
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.
10.05 - Service and Filin
I 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 of the 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
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the papers at City Hall or three (3) days after mailing, whichever is earlier. 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:
I 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.
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
subject 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.
41) Witnesses in any hearing shall be examined verbally, under oath or affirmation, and shall be
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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 of fact and conclusions of law 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.
10.1.2 - Judicial Review:
Any court action challenging a final action or decision taken by the Chief Examiner or Commission
shall be commenced within fourteen (14) calendar days of such action or decision. The cost of
preparing any transcript that may be necessary for judicial review shall be home by the party seeking
such judicial review.
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