Ord 96-258
ORDINANCE NO.
96-258
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON,RELATINGTO CIVIL
SERVICE AND PERSONNEL MANAGEMENT;
RECOGNIZING ALTERNATE MEMBERS OF THE CIVIL
SERVICE COMMISSION; PRESCRIBING THE METHOD
FOR FILLING INITIAL POSITIONS FOR POLICE
PERSONNEL; AND ESTABLISHING AN EFFECTIVE DATE
AND TERMINATION DATE FOR INITIAL HIRING
PROCEDURES. (AMENDS ORDINANCE NO. 95-244)
IT IS HEREBY ORDAINED by the City Council of the City of Federal Way,
Washington, as follows:
Section 1. Recitals - Findings.
1.1 The City of Federal Way ("City") has established a public safety department
containing a police services agency ("Department") that represents the special qualities and
features of the City. The Department will be community-based, and will inspire a sense of
confidence and security in City citizens through professionalism, citizen involvement, and creative
approaches to public safety. The Department will be distinguished as a caring, competent, firm,
fair, accessible, and innovative organizatiòn that actively seeks opportunities to help citizens. The
Department will be a part of, rather than apart from, the community, fostering an efficient citizen-
police partnership to insure a safe and secure City.
1.2 To implement the vision for the City Department as set forth in Section 1.1, the
City has identified a comprehensive program for the recruitment, testing and hiring of
experienced police officers to form the initial corps of the Department. Such experienced officers
shall be sought from King County personnel, as well as other police agencies within and without
the State of Washington, and will represent a diversity of personnel reflective of the community.
Currently, the City provides police services pursuant to an Interlocal Agreement with King
County ("Interlocal"). There is a present and immediate need to proceed with the recruitment,
testing and hiring program in order to assure qualified personnel will be employed by the City
prior to the termination of the Interlocal on November 16, 1996.
1.3 By Ordinance No. 95-244, the City created its civil service commission
("Commission") to provide for the ongoing maintenance and supervision of the civil service
system. As the Commission proceeds to establish its rules and procedures for ongoing
employment testing and other practices, the City Council will direct the initial hiring program,
to be a part of the civil service system. The initial hiring program shall be of limited scope and
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duration, and apply only to the initial hiring of ,Department civil service classifications of
lieutenant and police officer.
1.4 In order to ensure continuity in the administration of Commission business, the
City Council has determined that it is in the best interests of the citizens to create the position
of alternate civil service commissioner.
Section 2. Amendment to Civil Service Ordinance. Ordinance No. 95-244 shall be
amended to create a new Division 1 "Civil Service Commission" under Chapter 2, Article III of
the Federal Way City Code ("FWCC") "Boards, Committees, Commissions" as follows:
DIVISION 1. CIVIL SERVICE COMMISSION
Sec. 2-46. Definitions.
As used herem in this Division, the following words and terms set fGrtR iR !Ris
OràiR!lflee 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. Alternate Commissioner means anv one of the two (2) Alternate
Commissioners appointed to the Commission.
(c)
corporation.
"City" means the City of Federal Way, a Washington municipal
(d)
"Elector" means a registered voter.
(e)
"Resident" means a person whose primary dwelling place is located in the
City.
Sec. 2-47. 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 this chapter and bv
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, and Assistant or Deputy to such chief or
director !lflàler etlter siæillH' jeb elassiHeMieRs ..vitlt stieR ællßageæeftt IitItReÅ~ shall be
excluded from civil service pursuant to RCW 42.12.050 in recognition of the management
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authority delegated to such positions. Noncommissioned full-time, part-time or seasonal
employees of the police department, such as aeighbeffieeà police support 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
Commissioners shall serve without compensation, provided however, that they may be
reimbursed for expenses incurred in service as a Commissioner.
Sec. 2-48. Eligibilitv. No person shall be appointed a Commissioner Q!:
Alternate 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.
Sec. 2-49. Terms. The term of office of sooft the 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. The
term of office for Alternate Commissioners shall be for two (2) vears.
Sec. 2-50. Removal. Any Commissioner or Alternate Commissioner may be
removed from office for incompetency, incompatibility, dereliction of duty, malfeasance
in office, or other good cause; provided, however, that no Commissioner or Alternate
Commissioner shall be removed until (1) charges have been filed, in writing; (2) the
Commissioner or Alternate 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 or Alternate 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.
Sec. 2-51.
Proceedings-Ouorum.
@} 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.
ill Alternate Commissioners shall have the right to participate in the debate
and the deliberations of the Commission on the regular business of the Commission.
Alternate Commissioners shall not be part of the Commission Quorum and shall not move
action or vote on matters coming before the Commission. except as provided in subsection
(c) below.
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úà In the event a Commissioner is disQualified from participation or otherwise
unable to participate in a hearing on emplovee discipline an Alternate Commissioner shall
be appointed by the Commission Chair to serve in the place of the absent Commissioner.
The Alternate Commissioner shall be entitled to participate fullv in such proceedings. and
is authorized to vote on the action before the Commission.
Sec. 2-52. General Powers and Duties. The Peliee Ciyil 8erviee Commission
shall have the powers and duties as set forth in chapter 41. 12 RCW. except as provided
herein. The Commissioners shall devote due time and attention to the performance of
their specified duties.
Sec. 2-53. 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.
Sec. 2-54. Rules and Regulations. 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,: and provided further. that such rules shall include
iacluàiag vvit.ftetlt liæitatieR, tip te 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 41.12.100. The Commission 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. In promotional testing. the Commission
shall not grant service credit or Priority for length of service in City emplovment.
Section 3. Initial Hiring Procedures.
3.1 The rules governing initial hires to the classification oflieutenant and police officer
in the Department ("Initial Rules"), as fully set forth in Exhibit "A" to this Ordinance, are hereby
adopted by this reference.
3.2 The Initial Rules shall be effective upon the effective date of this Ordinance, and
shall expire on the earlier of the date of the hiring of personnel as set forth in the Initial Rules,
or November 16, 1996.
Section 4. Severability. 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.
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Section 5. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 6. 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 ----L day ofJanuary, 1996.
CITY OF FEDERAL WAY
(l/!{(d~
ATTEST: Q
/ ¿:~¿~
CIT CLERK, N. CHRISTINE G'
APPROVED AS TO FORM:
~ W~DI~, ~L
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO. 96-258
12/12/95
01/02/96
01/06/96
01/11/96
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EXHIBIT "A" TO
ORDINANCE NO. 96-258
INITIAL DEPARTMENT HIRING RULES
Section 1. Findings.
1.1
The City of Federal Way is in the process of forming a police services division
as part of its Public Safety Department ("Department") which must be operational on or before
November 16, 1996. A Civil Service Commission was created by ordinance on September 5,
1995 ("Commission") and the Civil Service Commissioners were appointed on or about October
31, 1995 ("Commissioners"). A Commission normally takes three to six months to adopt its
rules and regulations. In recognition that the Commission is in the process of its rules adoption,
it is appropriate for the City Council to adopt interim and initial hiring rules ("Initial Rules")
which will apply to the initial lateral hiring of experienced employees of the Department.
1.2
The City has a goal of work force diversity. In complying with all applicable
laws, including those laws precluding discrimination in employment, it is in the public interest
to broaden, rather than narrow, the number of qualified applicants who may be considered for
employment. To facilitate such diversity in the administration of the initial hiring process, it is
in the best interests of the City to have an expanded certification list.
1.3
RCW 41.12.060, Civil Service for City Police, recognizes that employees hired
prior to the effective date of the Civil Service Rules are grandfathered in and covered by the
Civil Service Rules. Accordingly, employees hired pursuant to the Initial Rules would also be
covered by Civil Service.
Section 2. Term of Initial Hiring Rules. These Initial Rules should be effective upon
City Council adoption and upon Commission reyiew, and shall remain in effect until the earlier
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of the completion of the initial hiring of the Civil Service employees of the Department or
November 16, 1996. Upon such date, the Initial Rules shall terminate and have no further effect
on the hiring, promotion, or other personnel administration of the Civil Service employees of
the Department.
Section 3.
ElÍ!!ibility List.
A certified eligibility list shall constitute that list, or
certification, of names from an eligible register available to the Director for selection of its
employees ("Certified Eligible List"). The Director may appoint from the Certified Eligible List
to hire the initial 62 police officers and 9 lieutenants for the Department.
Section 4. Positions Covered. The initial Certified Eligible List for police officers shall
contain 310 names for purposes of selecting 62 police officers. The initial Certified Eligible List
for lieutenant shall contain 45 names for the purpose of selecting 9 lieutenants. These top 310
candidates for police officer and 45 candidates for lieutenant shall constitute the initial
certification from which the Director of the Public Safety Department ("Director") may select
for discretionary services and these lists shall expire 120 days after delivery to the Director.
The Director may elect to change the number of hire positions in either the job classification for
police officer and/or for lieutenant. In the event the Director elects to change the number of
hire positions, the number of candidates on the initial Certified Eligible Lists shall be increased
by 5 names for each position added and decreased by 5 names for each position deleted in the
job classification.
Section 5. Initial Selection Process. The top candidates shall be selected based on the
Human Resources review of a structured application, which will include minimum qualifications
and experience, as follows:
Police Officer:
High school graduation or equiYalent. College leyel course work
in law enforcement or related field is preferred.
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Lieutenant:
High school graduation, two (2) years of college course work in
law enforcement or related field and three (3) years responsible
and varied experience at the rank of Police Officer or above.
Section 6. Testing. After the initial screening by Human Resources, based on the
structured application, police officer candidates shall be subject to examinations consisting of a
verbal communications test ("VTS 1 "), interpreting data test (OONC2.1 "), and occupational
personality questionnaire ("OPQ"); and lieutenant candidates shall be subject to examinations
consisting of a verbal communications test ("YCl.l "), interpreting data test ("NC2.1 "), and
occupational personality questionnaire ("OPQ"), which tests have been selected as a result of job
analyses performed by Saville & Holdworth, Ltd. Unless the number of hire positions is
modified by the Director as described in Section 4 of these Initial Rules, the top 310 scores shall
be placed on the Certified Eligible List for police officers and the top 45 scores shall be placed
on the Certified Eligible List for lieutenants.
Section 7. Administration. The City Manager or designee, working with the support
of the Commission staff, shall have the authority and be responsible for the implementation of
this initial hiring program.
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