Ord 95-244
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CITY OF FEDERAL WAY, WASHINGTON
ORDINANCE NO. 95-244
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON
CREATING A POLICE CIVIL SERVICE COMMISSION, ESTABLISHING
ELIGIBILITY, TERMS AND APPOINTMENT TO SUCH COMMISSION,
PROVIDING FOR THE REMOVAL OF COMMISSIONERS, DEFINING
POWERS AND DUTIES AND CREATING A METHOD FOR FILLING
VACANCIES.
WHEREAS, Chapter 41.12 RCW authorizes cities to establish individual systems
of civil service as long as such systems substantially accomplish the purposes of state
civil service laws; and
WHEREAS, after considering RCW 41.12.050 and the nature of the position of
Police Chief, Director of Police Services and/or other similar job classifications with such
management authority and the need for the same responsiveness to the City Manager
and responsibility from that position, as with other City department directors, the City
Council has determined that it is in the best interests of the City to exclude these
positions from civil service; and
WHEREAS, after considering RCW 41.12.050 and the nature of the position of the
assistant or deputy to the Police Chief or Director of Police Services and recognizing that
such assistant serves as the chief or director in his or her absence, the City Council has
determined that it is in the best in1erests of the City to exclude these positions from civil
service; and
WH EREAS, after considering RCW 41.12.010, 41.12.050, and 41.12.220 and the
distinction between commissioned police officers and noncommissioned employees of
the police department, the City Council has determined that it is in the best interests of
the City to exclude full time, part time and/or seasonal noncommissioned employees from
Civil Service;
WHEREAS, the City Council of the City of Federal Way desires to create a civil
service system as authorized by Chapter 41.12 RCW which substantially accomplishes
the purposes of the state civil service laws relating to police while, at the same time
meeting the particular needs of the City of Federal Way; and
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WHEREAS, the City Council of the City of Federal Way intends to create an
orderly system of personnel administration, other than civil service, to address the
noncommissioned full time employees of the police department which substantially
accomplishes the purpose of civil service; and
WHEREAS, the City Council of the City of Federal Way desires to create a civil
service commission to administer the civil service system, and to investigate removals,
suspensions, demotions, and discharges of commissioned police officers by public
hearing to determine whether the appointing authority's action was or was not made in
good faith for just cause, NOW, THEREFORE,
THE CITY COUNCil OFTHE CITY OF FEDERAL WAY, WASHINGTON DOES HEREBY
ORDAIN AS FOllOWS:
Section 1. Definitions. As used herein, the words and terms set forth in this
ordinance shall be given the following definitions:
A. "Appointment" includes all means of selecting, appointing, or employing any
person to hold the office of Civil Service Commissioner.
B. "Commission" means the Civil Service Commission herein created and
"Commissioner" means anyone of the five (5) Commissioners appointed to the
Commission.
C. "City" means the City of Federal Way, a Washington municipal corporation.
D. "Elector" means a registered voter.
E. "Resident" means a person whose primary dwelling place is located in the City.
Section 2. Creation-Appointment There is hereby created a Police Civil Service
Commission, consisting of five (5) members who shall be appointed by the City Manager
to exercise the powers and perform the duties established by state law as set forth in
Chapter 41.12 RCW in connection with the selection, appointment, promotion, demotion
and employment of police officers commissioned pursuant to RCW 43.101.200, unless
exempt pursuant to RCW 41.06.070. The rank of Police Chief, Director of Police
Services, Assistant or Deputy to such chief or director and/or other similar job
classifications with such management authority shall be excluded from civil service
pursuant to RCW 42.12.050. Noncommissioned full-time, part-time or seasonal
employees of the police department, such as neighborhood police officers, community
service officers, identification technicians, property/evidence room technicians, record
clerks, dispatchers and administration assistants shall be excluded from civil service
pursuant to RCW 41.12.010 and RCW 41.12.220 and/or in recognition that the City will
create an orderly system of personnel administration to cover such employees. The
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Commissioners shall serve without compensation, provided however, that they may be
reimbursed for expenses incurred in service as a Commissioner.
Section 3. Eliaibilitv. No person shall be appointed a Commissioner unless that
person is a citizen of the United States, a resident of the City for at least one (1) year
immediately preceding such appointment, and an elector of the county in which the
Commissioner resides.
Section 4. Terms. The term of office of such Commissioners shall be for five
(5) years, except that the first five (5) Commissioners shall be appointed for different
terms, as follows: One (1) to serve for a period of one (1) year, one (1) to serve for a
period of two (2) years, one (1) to serve for a period of three (3) years, one (1) to serve
for a period of four (4) years, and one (1) to serve for a period of five (5) years.
Section 5. Removal. Any Commissioner may be removed from office for
incompetency, incompatibility, dereliction of duty, malfeasance in office, or other good
cause; provided, however, that no Commissioner shall be removed until (1) charges have
been filed, in writing; (2) the Commissioner has been personally served with a written
notice of charges against him or her and with a notice of hearing; and (3) after a full
hearing has been convened before the Federal Way City Council. The charging party
in all such actions shall be the City Manager. Should any Commissioner resign from,
or be removed from office, then the City Manager shall appoint a successor to that
position for the remainder of the unexpired term.
Section 6. Quorum. Three (3) Commissioners shall constitute a quorum and
the votes of three (3) Commissioners shall be sufficient for the decision of all matters and
the transaction of all business to be decided or transacted by the Commission.
Section 7. General Powers and Duties. The Police Civil Service Commission
shall have the powers and duties as set forth in Chapter 41.12 RCW. The
Commissioners shall devote due time and attention to the performance of their specified
duties.
Section 8. Secretary - Chief Examiner. The Secretary-Chief Examiner
authorized by RCW 41.12.040 shall be appointed by the Commission from among
qualified City employees selected and recommended by the City Manager.
Section 9. Rules and Reaulations. The Commission shall have power to make
and adopt such rules and regulations as are necessary to effectuate the purposes of this
ordinance and Chapter 41.12 RCW; provided, however, that the Commission shall have
the flexibility to adopt rules different from the express provisions of Chapter 41.12 RCW
which effectuate such purposes, including without limitation, up to a twelve (12) month
probationary period and a certification rule of five (5) eligible persons or 15% of the
eligible persons, whichever is greater, notwithstanding RCW 41.12.1 00. The Commission
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shall also have the power to make rules and regulations governing the Commission in
the conduct of its meetings and any other matter over which it has authority.
Section 10. Severabilitv. The provisions of this ordinance are declared separate
and severable. The invalidity of any clause, sentence, paragraph, subdivision, section,
or portion of this ordinance or the invalidity of the application thereof to any person or
circumstance, shall not affect the validity of the remainder of the ordinance, or the validity
of its application to other persons or circumstances.
Section 11. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 12. Effective Date. This ordinance shall take effect and be in force five
(5) days from and after its passage, approval, and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this
~YYt~--, ,1995.
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day of
CITY OF FEDERAL WAY
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MA OR, ARY E. GATES
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CITY CLERK, N. CHRISTINE GREEN, CMC
~D AS TO FORM: .
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FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
08-08-95
09-05-95
09-09-95
09-14-95
95-244
K:\OROINICIVLSERV
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