ORD 05-498
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ORDINANCE NO. 05-498
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 2,
ARTICLE III, SECTION 2-54 OF THE CITY OF FEDERAL
WAY CITY conE TO ADOPT THE RULE OF SEVEN (7) IN
THE CIVIL SERVICE CERTIFICATION OF ELIGIBLE
PERSONS (AMENDS ORDINANCES NO. 95-244 and 96-258)
WHEREAS, the City of Federal Way Police Department and Civil Service
Commission ("Commission") abide by the Civil Service Rules in the certification of eligible persons
for vacant positions in the Police Department; and
WHEREAS, the Washington State Supreme Court, in Seattle Police Officer Guild v.
CityafSeattle, 151 Wn. 2d 823, 92 P.3d 243, 250 (2004), held that the purpose ofRCW 41.] 2 was
best served by the rule of seven in the certification of those on a police candidate eligibility roster;
and
WHEREAS, on September 1, 2004, in order to be in compliance with the law, the
Commission amended Civil Service Rule 10.3 to authorize the Secretary to certify to the Appointing
Authority the names of seven available eligibles who stand highest on the appropriate register; and
WHEREAS, the amendment to Chapter 2, Article III, Section 2-54 of the federal
Way City Code was inadvertently delayed; and
WHEREAS, the City Council finds that it is in the best interest of its police hiring
process to update the City Code to be in accordance with the current Civil Service Rule 10.3 and
state law;
ORD #05-498, PAGE 1
ORiG\NAL
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 2, Article III, Section 2-54 ofthe Federal Way City Code "Rules
and Regulations" is amended as follows:
2-54 Rules and regulations.
The commission shall have power to make and adopt such rules and regulations as are
necessary to effcctuate the purposes of this ordinance and Chaptcr 41.12 RCW; provided, however,
that thc commission shall have the flexibility to adopt rules different from the express provisions of
Chapter 41.12 RCW which effectuate such purposes; and providcd furthcr, that such rules shall
include a 12-month probationary period and a certification rule offi.ve seven (7) eligible persons Bf
15 percent of the eligiblc persons, \vhiehever is greater, notwithstanding RCW 41.12.100. Thc
commission shall also have thc power to make rules and regulations governing the commission in the
conduct of its mcctings and any other matter over which it has authority. Tn promotional tcsting the
commission shall not grant scrvice credit or priority for length of service in city employment. (Orel.
No. 96-258, S 2, 1-2-96)
Scction 2. Severability. Thc provisions of this ordinancc are declared separate and
severablc. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion ofthis
ordinance or thc invalidity ofthe application thcrcofto any pcrson or circumstance, shall not affect
the validity of the remaindcr of the ordinance, or the validity of its application to othcr pcrsons or
circumstances.
Section 3. Ratification. Any act consistent with the authority and prior to the
cffective date of this ordinance is hereby ratified and affirmed.
ORT) #05A98, PAGE 2
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Section 4. Effective Date. This ordinance shall take effect and be in force five (5)
days from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this ?ncl
August ,2005.
day of
CITY OF FEDERAL WAY
MA(bANMf:!~
~TEST:
/7(W~
CUY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
~a.~
CITY ATTORNEY, PATRlCIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNClL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
7/12/2005
8/2/2005
8/6/2005
8/11/2005
05-498
K:\ORDIN\ 2005\Chapter 2 update- civil service rule 7-06.23.05.doc
ORD # 05-498 , PAGE 3