333 Civil Service Rules And Regulationsv
CITY OF YELM
RESOLUTION N0. 333
CIVIL SERVICE RULES AND REGULATIONS
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YELM ADOPTING RULES
AND REGULATIONS GOVERNING OPERATION OF THE CLASSIFIED CIVIL SERVICE
SYSTEM FOR FULL PAID EMPLOYEES 'OF THE CITY OF YELM POLICE
DEPARTMENT.
WHEREAS, the City Council finds it to be in the best interests of
the City of Yelm and of its employees to set forth .in writing the
policies of the City with respect to employment by the City; and
WHEREAS, the proposed policies have been reviewed by the Civil
Service Commission;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YELM DOES RESOLVE:
Section 1.
That the attached Civil Service Rules and Regulations for the City
of Yelm, dated July 1995, are hereby adopted and shall be in force
immediately and until repealed or amended by action of the City
Council. .
Section 2.
That copies of these policies shall be distributed to all current
and future Civil Service employees of .the City.
ADOPTED this 12th day of July, 1995.
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Kat ryn Wolf, Mayo
Attest:
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Ag s P. Colombo, City Clerk
PASSED AND APPROVED: July 12, 1995.
RIILES AND REGIILATION3
GOVERNING OPERATION OF THE
CLASSIFIED CIVIL SERVICE SYSTEM
FOR FIILL PAID EMPLOYEES
OF THE
CITY OF YELM, WASHINGTON
POLICE DEPARTMENT
JULY 1995
INTRODUCTION
RULE I ....................... ...........GENERAL PROVISIONS 1
RULR II ..........................................DEFINITIONS 2
RULE III .......................ADMINISTRATION AND OPERATIONS 7
RULE IV .............................SECRETARY-CHIEF EXAMINER 10
RULE V ...........................................RULE MAKING 12
RULE VI .............. .......................CLASSIFICATION 12
RULE VII .........................APPLICATIONS AND APPLICANTS 14
RULE VIII .......................................EXAMINATIONS 18
RULE IX ............................REGISTERS AND ELIGIBILITY 24
RULE X.......... ................CERTIFICATION AND APPOINTMENT 28
RULE XI ............................................PROBATION 29
RULE XII ......................................SERVICE CREDIT 31
RULE XIII....... .......................TRANSFER--REDUCTION 34
RULE XIV ..........................:...................LAYOFF 37
RULE XV...........LEAVES OF ABSENCE, VACATION AND SICK LEAVE 38
RULE XVI .........................................RESIGNATION 38
RULE XVII ...........................DISCIPLINE AND DISCHARGE 39
RULE XVIII ...........................PREDISCIPLINARY HEARING 41
RULE IXX ............................................HEARINGS 42
RULE XX ............................RETIREMENT AND DISABILITY 47
RULE XXI .......................................MISCELLANEOUS 48
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INTRODIICTION: STATEMENT OF POLICY
The following Rules and Regulations ("Rules") Governing
Operation of the Classified Civil Service System for full paid
Employees and Police Officers of the City of Yelm, Washington
Police Department, are adopted pursuant to the authority granted by
chapters 41.12 and 41.26 RCW; and section 5, City of Yelm Ordinance
Number 199, (section 2.48.060 Yelm City Code). The purpose of
these Rules is to establish procedures for the orderly
implementation and enforcement of that ordinance, and to establish
for the City of Yelm a system of personnel administration based on
modern principles and methods of governing the appointment,
promotion, transfer, layoff, recruitment, retention,
classification, removal, discipline and welfare of its police
department personnel.
It is intended that these Rules will supersede all previous rules
adopted by this and former City of Yelm Civil Service Commissions.
RIILE I. GENERAL PROVI3ION3
1.1. AUTHORITY AND APPLICATION. These rules are promulgated
pursuant to the authority granted by chapters 41.12 and 41.26 RCW,
and chapter 2.48 Yelm Municipal Code (YMC), to provide civil
service for city police and non-commissioned employees of the Yelm
Police Department. These rules are applicable to proceedings
before the Civil Service Commission and should be read in
conjunction with the specific provisions of the governing statutes
and ordinances.
1.2. SCOPE AND PURPOSE. These rules govern the continuing
administration of the Police Civil Service System of the City of
Yelm. The purpose of these rules is to assure that the Police
Civil Service System ((in the City of Yelm)) is administered in
accordance with state law and ordinances of Yelm and the Statement
of Policy in these Rules, and that all proceedings before the
Commission are conducted in an orderly, fair and timely manner.
1.3. PRESUMPTION OF VALIDITY. The Civil Service System
implemented by these rules substantially accomplishes the purpose
of RCW 41.12. Variation from state models are based on local
conditions and are intended to maintain the purposes of civil
service systems: merit selection, tenure, and an independent civil
service commission. These rules are presumed to be valid and shall
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be upheld unless in direct conflict with the purposes of chapter
41.12 RCW or provisions of other state laws or chapter 2.48 YMC.
1.4. SEVERABILITY. If any provision of these rules or the
application thereof to any person or circumstance is held invalid,
such invalidity shall not affect other provisions or applications
of these rules which can be given effect without the invalid
provision or application, and to this end, any section or word is
declared to be severable.
RIILE II. DEFINITIONS
The following words and phrases shall have the meanings
hereinafter described unless the context in which they
are included clearly indicates otherwise.
2.1. ACTUAL SERVICE. Time in which a given employee has been
engaged under Civil Service appointment in the performance of the
duties of a position or positions and shall include absences with
pay.
2.2. ALLOCATION. The locating or placing in the classified
service of a position in the class appropriate to it on the basis
of duties and responsibilities and required qualifications of such
position.
2.3. APPLICANT. Anyone who has filed an application to take
a Civil Service examination.
2.4. APPOINTING AUTHORITY. The person or persons authorized
to hire,~promote or discharge employees. For all purposes of these
rules, the appointing authority means the Chief of Police.
2.5.
2.5.1. APPOINTMENT-REGULAR. The appointment of a
certified eligible.
2.5.2. APPOINTMENT-PROVISIONAL. A limited appointment
of (a) a non-certified person to a certified position
which is not vacant, but is currently unfilled due to an
authorized leave of absence; or (b) a non-certified
person to a classified position for which there is no
current eligible register.
2.5.3. APPOINTMENT-TEMPORARY. A limited appointment
other than from an eligible register for the purpose of
performing work belonging in~the classified service. A
reduction of a regular employee is not a temporary
appointment. Temporary appointment includes emergency
appointment.
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2.6. ASSIGNMENT. The placement of an employee in a position
which carries additional salary and additional limited
responsibilities and is within the scope of the specification for
the class from which assignment is made.
2.7. BREAK IN SERVICE. A separation from Civil Service status
with a loss of accumulated service credit as occasioned by a
"quit", "resignation", "discharge" or "retirement".
2.8. CANDIDATE. Any applicant who has completed, or is in the
process of completing a Civil Service examination.
2.8.1 Cause, unless otherwise defined or clearly
intended by its context, means "good cause".
2.9. CERTIFICATION. (CERTIFIED ELIGIBLE LIST) A list of
names from an eligible register transmitted by the Civil Service
Commission to an appointing authority from which such appointing
authority may fill a vacancy.
2.10. CERTIFY. Verification to the appointing authority that
a list of names of candidates for employment has been selected from
the list of persons tested and found. eligible for employment.
2.11. CITY. The City of Yelm.
2.12. CIVIL SERVICE EMPLOYEE. Any employee who has Civil
Service status.
2.13. CIVIL SERVICE REGISTER. (See Eligible Register).
2.14. CLASS. A position or group of positions designated by
the Commission as having similarity in duties and responsibilities,
by reason of which the same examination may be used for each
position in the group.
2.15. CLASS SERIES. Two or more classes which are similar as
to line of work but which differ as to degree of responsibility and
difficulty and which have been arranged in a ladder of steps in a
normal line of promotion, ( i.e., Police Officer, Police Sergeant,
Police Lieutenant).
2.16. CLASS SPECIFICATION. A description of the essential
characteristics of a class and the factors and conditions that
separate it from other classes, .written in terms of duties,
responsibilities and qualifications.
2.17. COMMISSION. The Civil Service Commission of the City
of Yelm. "Commissioner" means any-one member of that commission.
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. 2.18. CONTINUOUS SERVICE. Employment without interruption,
except for absences on approved leave or absence to serve in the
armed forces of the United States.
2.19. DEMOTION. Removal of an employee, for cause, from a
higher to a lower class of employment or salary step within a
class.
2.20. DEPARTMENT. Unless otherwise clearly required by its
context the term means the Police Department of the City of Yelm.
The legal head of that department is the "Department Head", or
Department Head's designee. .
2.21. DISCHARGE. Termination, separation, dismissal or
removal from the service for cause.
2.22. ELIGIBLE. Anyone qualified for a given class through
examination and placed on the proper eligible register; also,
"Certified Eligible".
2.23. ELIGIBLE REGISTER. A register or list of successful
examinees for a given class from which certification may be made to
fill vacancies in such class; also, "Register of Eligibles".
2.23.1. EMERGENCY APPOINTMENT. An appointment, for
emergency reasons, not to exceed 30 calendar days unless
extended as provided for by these Rules.
2.24. EMPLOYEE. Anyone holding a position in the Civil
Service System of the City of Yelm.
2.24.1. EMPLOYEE-REGULAR. Any employee who has been
appointed from a certification and who has satisfactorily
served the full probationary period, and has had no break
in service.
2.24.2. EMPLOYEE-TEMPORARY. Any employee appointed to
fill an emergency, temporary or short-term need, or to
fill a position for which no register is available.
2.24.3. EMPLOYEE-EXEMPT. Any employee in a position of
employment which is not subject to Civil Service rules
and regulations, and in which one serves at the
discretion of the appointing authority.
2.24.4. EMPLOYEE-PROBATIONARY.. A person appointed from
a certification who has not yet completed the specified
trial period of employment.
2.24.5. EMPLOYEE-PROVISIONAL. Any employee appointed
provisionally to a position, is not considered a full
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time employee and is not covered by the provisions of
Civil Service.
2.25. EXAMINATION. The process of testing the fitness and
qualifications of applicants for positions in a class.
2.25.1. EXAMINATION-OPEN/ENTRY. An examination open to
any member of the public meeting the requirements as
stated in the official announcing the examination..
2.25.2. EXAMINATION-PROMOTIONAL. An examination limited
to employees meeting the requirements stated in .the
official bulletin announcing the examination.
2.26. EXAMINATION BULLETIN (or OFFICIAL BULLETIN) An
examination announcement containing basic information about the
class of position, the requirements for filing, how to apply and
other pertinent information. The examination announcement shall be
posted in Yelm City Hall and in other suitable locations.
2.27. FINAL EXAMINATION SCORE. Total of earned exam score
plus additional veteran's preference or service credit points for
which an applicant is eligible.
2.28. LAYOFF. The interruption of service and pay of any
regular or temporary employee because of lack of work or funds,
except that the term shall also apply to the separation of
temporary employees who have completed the stipulated period of
employment.
2.29. OFFICIAL NEWSPAPER. The .newspaper designated a.s
official by the City of Yelm.
2.30. POSITION. Any .group of duties and responsibilities in
the service. of the City of Yelm which one person is required to
perform as full or part-time employment, and which is included in
the city budget.
2.30.1. POSITION-REGULAR. A position included in the
official annual budget that is neither specified as
seasonal employment, nor limited for a period of less
than the budget year; also any such position established
during a given budget year, unless the Department Head
certifies to the Civil Service Commission that such
position will not be continued in the succeeding year's
budget.
2.30.2. POSITION-PERMANENT PART-TIME. Employment in a
permanent position for work on a basis of less• than eight
hours a day or less than forty hours a week, but on a
regular schedule.
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2.31. PROBATION OR PROBATIONARY. The status of an employee
during a trial period following a permanent appointment from an
eligible register. This trial period is part of the examination
process and is a working test during which an employee is required
to demonstrate, by actual performance of the duties, fitness for
the position to which certified and appointed.
2.32. PROMOTION. The appointment of an employee to a higher
class or to a position of higher skill or responsibility level.
Any change in employment other than by a temporary or provisional
appointment (1) from a lower class to any position in any higher,
class in the same promotional series of classes as determined by
the Commission, or (2) to a position which although an entrance
position is of higher skill and/or responsibility, shall constitute
a promotion.
2.33. QUIT. Any voluntary separation of an employee from the
city's service without acceptance of resignation by the appointing
authority.
2.34. REALLOCATION. The allocation of a position to a
different class in the Classification Plan.
2.35. REDUCTION. The removal of an employee from a higher
class to a lower class of employment for reasons other than cause.
2.36. REGISTER. A list of candidates for employment who have
passed an employment examination, whose names may be chosen and
certified by the Commission for submission to the appointing
authority for consideration for employment. (See "Eligible
Register").
2.37. REINSTATEMENT. Reappointment of a regular employee to
a position in a class in which the employee was a regular employee.
2..38. REINSTATEMENT REGISTER. A list of names of persons who
were regular employees in a given class and who were laid off and
are .entitled to reinstatement in such class. A reinstatement
register may also include former employees on disability retirement
who .are capable mentally and physically for reinstatement.
2.39. RESIGNATION. A written request by an employee for
separation from a class or from the city service. To be valid,
such request must show written approval of the appointing
authority.
2.40. RETENTION CREDIT. The employee's service credit in a
given class or position and any higher position in a series or any
other credit used by the Commission to determine order of lay-off.
2.41. RETIREMENT. The termination of employment for service
or disability pursuant to applicable retirement laws.
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2.42. SECRETARY. Secretary-Chief Examiner as defined in
Chapter 4.4 of these Rules. The term "Secretary" or "examiner" as
used in these Rules refers to the Secretary-Chief Examiner unless
other wise clearly intended by the context.
2.43. STANDING-REGULAR. The full Civil Service status of a
regular employee.
2.44. SUSPENSION. Temporary removal of an employee from
employment with or without pay, for cause, or pending determination
of charges against the employee which could result in demotion or
discharge.
2.45. VETERANS' PREFERENCE. Preference in examinations and
employment, based on military service, as provided and defined by
applicable laws.
RIILE III. ADMINISTRATION AND OPERATIONS
3.1. COMMISSION--MEETINGS--QUORUM. Regular meetings of the
Civil Service Commission of the City of Yelm, Washington, shall be
held quarterly, on the third Thursday of January, April, July, and
October, at 5:00 p.m., in Yelm City Hall Council Chambers, unless
there is no pending business requiring commission action.
Commission meetings may be held at other locations, pursuant to
appropriate notice, as determined necessary. When a regular
meeting is not to be held the Secretary will give notice, if
possible, as provided for calling special meetings under RCW
42.30.080.
Special meetings may be held upon call of the chairperson or any
two members, or of the Secretary when deemed necessary. Notice of
special meetings shall be provided as required by the Open Public
Meetings Act (chapter 42.30 RCW, as amended). The Commission shall
conduct hearings as required. Notice of hearings shall be provided
as required by statute or these rules. .Two members of the
Commission shall constitute a quorum. No action of the Commission
shall be effective unless two members concur therein. All
Commission meetings or hearings, regular or special, 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, as amended). The Secretary shall attend all
meetings and shall record the action taken, and shall cause the
minutes to be typewritten and presented to the Commission for
approval at the next regular meeting. Upon approval, the minutes
shall be signed by the Chair and countersigned by the Secretary and
shall become a part of the permanent files of the Commission.
3.2. ORGANIZATION. At the first regular meeting in January
of each year, the Commission shall elect one of its members as
Chair and another member to serve as Vice Chair for a term of one
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year. Should a Chair and/or Vice Chair resign or be removed from
the position prior to the expiration of his/her term, the
Commission, upon appointment of a new member, shall proceed to the
election of a new Chair and/or Vice Chair. The chair shall preside
at all meetings of the Commission, sign necessary papers as
chairperson, and generally act as the presiding officer of the
Commission. The Vice Chair shall have authority to act in his or
her temporary absence. '
3.3. RULES OF ORDER. "Roberts Rules of Order" shall be final
authority on all questions of procedure and parliamentary law not
.otherwise provided by these rules. However, with the concurrence
of two commissioners such rules may be waived or modified.
3.4. COMMISSIONERS-CHALLENGE. Any challenge to a
Commissioner's sitting at a hearing shall be made by an interested
party prior to the commencement of a hearing. The .remaining
Commissioners shall review and rule on the challenge prior to
proceeding with the hearing. Failure to timely raise a challenge
shall constitute a waiver of the challenge by the party unless, in
the exercise of reasonable diligence, a basis for challenge is
unknown by a party prior to commencement of a hearing.
3.5. COMMISSIONERS-CHALLENGE-NECESSITY. If, as a result of
disqualifications) pursuant to Rule 3.4, there is no longer a
lawfully constituted quorum available, then by reason of necessity,
the disqualified Commissioner(s) shall return and proceed with the
hearing.
3.6. OFFICE HOURS. The office address of the Civil Service
Commission is: P.O. Box 479 Ye1m, WA 98597, 105 Yelm Avenue W.,
Yelm, WA 98597. The regular office hours of the Commission
Secretary shall be 8:00 am to 5:00 pm, Monday through. Friday.
3.7. PUBLIC RECORDS. Public records of the Commission shall
be available for inspection and copying during the regular office
hours of the Commission Secretary. No fee will be charged for
inspection of public records. Inspection will .be permitted during
office hours in a space. provided by the Commission Secretary, and
under. its supervision, and must be accomplished without excessive
interference with the essential functions of the Commission.
Copies will be made available at actual cost or as provided by the
City of Yelm ordinance. These Rules shall be printed for free
public distribution.
3.8. RECORD OF PROCEEDINGS. The Commission shall keep a
record of its proceedings. The record of the Commission shall not
include a written verbatim report of proceedings unless ordered.
The Commission may retain a court reporter to record all or part of
a proceeding. In addition, a party to a proceeding, at his/her own
expense, may have a court reporter record all or part of a
proceeding. On appeal or review, costs of transcription may be
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recovered by the Commission, or a prevailing party, at the
discretion of the reviewing court or the Commission. Upon appeal
or review, transcription and certification of a record of
proceedings shall be arranged by the Secretary.
3.9. POWERS AND DUTIES OF THE COMMISSION SHALL BE TO:
a. Adopt rules for the regulation of personnel matters
within the classified service;
b. Appoint, whenever necessary, a Secretary-Chief
Examiner, in conformance with these Rules;
c. Approve minutes of its meetings and records of its
procedures;
d. Approve the creation, amendment and discontinuance of
a classification plan as prepared by the Secretary-Chief
Examiner;
e. Provide for the holding of competitive tests under the
supervision of the Secretary-Chief Examiner to determine the
relative qualifications of persons for employment in the
classified service and certify candidates from a list of
eligible candidates for vacancies;
f. Initiate and conduct all civil suits necessary for
the proper enforcement of the Civil Service Act and these
Rules.
g. Hear and determine appeals arising from the
administration of the Civil Service System under the
City's ordinances and these Rules;
h. Investigate and report
enforcement and effect of
ordinances and these Rules;
on all matters touching the
the City's Civil Service
o. Have such other powers and duties as are imposed upon
the Commission by virtue of chapter 41.12 RCW and chapter
2.48 YMC.
3.9. REPORTS-APPLICANTS, ELIGIBLES, EMPLOYEES.
3.9.1. Each applicant, eligible and employee shall keep
the Commission informed, by written notice to the
secretary, of current address and telephone number, and
shall report any change of name through marriage or
otherwise..
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3.9.2. Each eligible shall keep the Secretary informed,
in .writing, regarding availability and any refusal to
accept appointment or promotion and the reasons therefor.
3.10. REPORTS-DEPARTMENT HEADS. A department head shall
immediately report to the Secretary in such detail and on such
forms as the Secretary may prescribe:
3.10.1. Every appointment, transfer, promotion,
demotion, notice of discipline, reduction, layoff,
reinstatement, suspension, leave of absence without pay,
return to duty, assignment, change of position within a
class or within an assignment title, change of title,
change of compensation;
3.10.2. Every separation from the .service with the
reasons therefor.
3.10.3. Every refusal or failure to accept appointment
by a person whose name has been certified.
RIILE IV. SECRETARY-CHIEF EXAMINER
4.1: SECRETARY-CHIEF EXAMINER-APPOINTMENT. A Secretary-Chief
Examiner (hereinafter, "Secretary") shall be appointed by the
Commission.
4.2. The Secretary-Chief Examiner shall be appointed as a
result of a competitive examination, which examination may be
either open\entry, or promotional and limited to persons already in
the service of the police or other city department as the
Commission may decide. The Secretary-Chief Examiner shall hold no
other position in the Police Department of the City of Yelm.
4.3. SECRETARY-DISCIPLINE. The Secretary may be subject to
suspension, reduction or discharge in the .same manner and subject
to the same limitations as are provided in the case of members of
the classified service.
4.4. SECRETARY-AUTHORITY. In addition to acting as Secretary
of the Commission, the Secretary shall:
4.4.1. Be the general manager and executive officer of
the. Civil Service Department, responsible to the
Commission, and shall be advised of the activities of all
personnel in the Civil Service Department, including
their appointments and removals;
4.4.2. Delegate duties where necessary and supervise the
work of all persons employed in the Department, including
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-the preparation, conduct, and scoring of examinations and
maintenance of the classification plan;
4.4.3. Report to the Commission from time to time as
directed concerning the details of the work of the
Department;
4.4.4. Prepare the budget for the Department, approve
accounts, and administer generally the expenditure of
funds appropriated for the operation of the Department;
4.4.5. Recommend classifications for approval by the
Commission for all Civil Service positions in the
classified service, maintain a schematic list of all such
classes in the classification plan, and prepare and
maintain specifications for each class;
4.4.6. Determine which examinations shall be conducted,
the minimum qualification of applicants, the subjects to
be covered in each examination, methods of testing, and
the relative weights to be given to the various parts of
the examination; supervise the conduct of the
examinations, appointing such experts, special examiners,
and other persons he or she may deem necessary; decide
all questions relating to the eligibility of applicants,
the admissibility of applicants to the examinations,
extension of time and all questions arising during the
course of an examination; prepare and submit a report
prior to and after each examination to the Commission,
together with a report on all appeals from rulings or
appeals from any part of the examination; and ordering
examinations. '
4.4.7. Perform all other functions necessary for the
proper carrying-out of these rules and the provisions of
law relating to the Civil Service System, and such
additional duties as may be assigned to him/her from time
to time by the Commission.
4.5. REVIEW OF AND APPEAL FROM ACTIONS OR DECISIONS OF THE
SECRETARY.
4.5.1. The Commission on its own motion may review or
modify any action or decision of the Secretary.
4.5.2. Any person adversely affected by any action or
decision of the Secretary may request the Commission to
revise or modify such action or decision. Such request
shall be in writing setting forth with reasonable
certainty the action objected to, the grounds supporting
the request, and the relief sought, and must be made
within ten (10) days from the date of notice of such
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action unless established otherwise in these rules. The
Commission shall thereupon, if in its opinion good cause
is shown, conduct a hearing thereon.
RIILE O. RIILE HARING
5.1. AMENDMENTS. OF RULES. The Commission may amend these
rules or adopt new rules by majority-vote of the Commission at any
regular or special meeting of the Commission.
5.2. EFFECTIVE DATE OF RULES. All rules and amendments shall
become effective immediately upon their adoption by the Commission,
unless some later date is specified therein.
5.3. COPIES OF RULES. A copy of these rules and a copy of
all subsequent rules or amendments shall be sent as soon as
practicable after adoption to Yelm City Clerk, P.O. Box 479, Yelm,
WA 98597. A copy shall be maintained in the office of the
Commission for public inspection, and copies shall be available for
free public distribution as required by state law.
5.4. EFFECT OF RULES. The terms and conditions of Civil
Service employment are governed by these rules, chapter 41.12 RCW
and Yelm City Ordinance No. 199, chapter 2.48 YMC. No employee
shall have a property interest in or as a result of these rules.
These rules as adopted, modified and amended and such further rules
as the Commission may enact, regulate the mode of appointment and
tenure in the Civil-Service, and employees are subject to all such
rules, modifications and amendments.
RIILE DI. CLASSIFICATION
6.1. CLASSIFICATION PLAN. A class specification shall be
prepared and maintained for each class in the Civil Service System.
Such specifications.shall describe the class generally, distinguish
it from other classes, give examples of typical duties of the
class, and contain, when applicable, a statement of those
qualifications for applicants for positions in the class not
otherwise provided in these rules.
6.2. ADMINISTRATION OF POSITION CLASSIFICATION. The
Secretary will make, or .cause to be made, position classification
studies of individual positions or groups of positions whenever it
is deemed necessary; whenever notification is received that new
positions are to be established by .the City; or upon request of
the appointing authority or an affected employee if the
classification of such position has'not been reviewed within the
last 12 months.
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6.3. CLASSIFICATION OF POSITIONS.
6.3.1. Each position in the classified service shall be
classified at the direction of the Secretary pursuant to
the Commission's approval as provided in these rules and
allocated to its appropriate class in accordance with the
character, difficulty and responsibility of .its
designated duties. Positions shall be allocated to a
given class when:
(a) The same descriptive title may be used to
designate each position in the class;
(b) The same level of education, experience,
knowledge, ability and other qualifications may be
required of incumbents; and
(c) Similar tests may be used to select incumbents.
6.3.2. All classes involving the same character of work
but differing as to level of difficulty and
responsibility shall be assembled into a class series.
6.3.3. Compensation or salary shall not be a factor in'
determining the classification of any position or the
standing of any incumbent.
6.3.4. In allocating any position to a class, the
specification for the class shall be considered as a
whole. Consideration shall be given to the general
duties, the specific tasks, the responsibilities, the
required and desirable qualifications for such position
and the relationship to other classes. The examples of
duties in a specification shall not be construed as
exclusive or restrictive, and an example of a typical
task or a combination of two or more examples shall not
be taken, without relation to all parts of the
specification, as determining that a position should be
included within a class.
6.4. EFFECT OF CLASSIFICATION CHANGES ON INCUMBENT.
6.4.1. Whenever the title of a class is changed without
a change in duties or responsibilities, the incumbent
shall have the same status in the retitled class as held
in the former class.
6.4.2. UPGRADING OF POSITION. Whenever a position is
reclassified from one class to a higher class, the
incumbent may continue in the same position temporarily
but must gain eligibility for the new class by
examination and receipt of an appointment thereto in
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accordance with these rules: Provided, that the
Commission may authorize the appointment of the incumbent
to the new position without examination after considering
the particular facts involved. A regular employee shall
be qualified to take the examination for the higher class
regardless of an existing. eligible register for that
class. A regular employee who fails the examination or
is not appointed shall have tenured status in the lower
class and may be appointed to another position,
transferred or voluntarily reduced according to these
rules. A probationary employee may be permitted, upon
approval of the Commission, to qualify for the higher
class in the same manner as a regular employee. A
probationary employee who is not permitted to take the
examination or who is not appointed to the position, may
be appointed to another position, transferred or enrolled
on an appropriate eligible register for the lower class.
6.4.3. DOWNGRADING OF POSITION. Whenever a position is
reclassified from one class to a lower class, the
incumbent employee shall retain Civil Service status in
the class from which the position is reallocated and
shall, if practicable, be appointed to another position
in that class or voluntarily transferred in accordance
with these rules. Otherwise, the employee shall be
granted-full status in the lower class and placed on a
reinstatement register for the higher class. The
probationer's name shall be enrolled on an appropriate
eligible register for the higher class with the same
standing as at the time of original certification.
RIILE VII. APPLICATIONS AND APPLICANTS
7.1. GENERAL REQUIREMENTS FOR FILING APPLICATIONS.
7.1.1. All applicants for examinations for positions in
the classified Civil Service must file a written
application on a form prescribed by the Secretary; no one
shall be admitted to any examination without having first
filed an application on the proper form, giving fully,
truthfully and accurately all information required.
Applications will not be accepted unless all required
forms are completed and submitted and all required
information is furnished.
7.1.2. In order to file an application for examination,
the applicant must:
(a) Meet the requirements specified in these rules
and in the official examination bulletin as of the
closing day of the official filing period;
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(b) Produce evidence of education, training,
experience or any lawful requirement for a class,
as directed by the Secretary.
7.1.3. Time for filing applications:
(a) All applications for examination shall be
filed with the Secretary during office hours and
within the time limit fixed in the official
announcement of the examination: Provided, that
upon written evidence of extenuating circumstances
acceptable to the Secretary, late applications may
be accepted. Applications received by mail in the
office of the Commission must be postmarked on or
before the closing date.
(b) The time for filing .applications may be
-extended by the Secretary as the needs of the
service require: Provided that the examination
shall then be re-advertised in the official
newspaper.
7.2.
7.3. APPLICATIONS FOR PROMOTIONAL EXAMINATIONS.
7.3.1. An application shall be accepted from any
regularly appointed employee in the classes from which
promotion is allowed who, in addition to meeting the
requirements of Rule 7.01, has the requisite service
credit designated in the official bulletin.
7.3.2. When designated in the official bulletin, the
Secretary may permit regular employees and probationers
to file for and take a promotional examination for
delayed eligibility if on the last day of accepting
applications, they meet lower specified minimum service
requirements in the classes from which promotion is
allowed.
7.4.
7.5. SPECIAL REQUIREMENTS.
7.5.1. The Secretary with the approval of the .Commission
may prescribe such limits and such other specific
requirements, physical or otherwise, as in the
Secretary's judgment are required by and related to the
work to be performed.
7.5.2. When designated on the official bulletins, the
Secretary may permit filing by an applicant not more than
15
one year under the specified minimum age on an open
graded/entrance examination and not more than one year
under the specified experience on a promotional
examination. A successful candidate will have delayed
eligibility until the required minimum age or experience
is attained.
7.6.
7.7. CONDITIONAL ADMISSION. If there is reasonable doubt as
to whether the applicant meets the minimum requirements, the
.Secretary may order that the applicant be admitted to the
examination on the. condition that the particular requirements are
met to the satisfaction of the Secretary before the applicant is
enrolled on an eligible register.
7.8.
7.9. REJECTION OF APPLICANT OR ELIGIBLE. The Secretary 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:
7.9.1. Does not meet the requirements set forth in these
rules or in the bulletin announcing the examination;
7.9.2. Is physically or mentally unfit to perform the
duties of the position sought;
7.9.3. Has been convicted of any felony or a misdemeanor
involving moral turpitude (see Chapter 9.96A RCW);
7.9.4. Has been dismissed or has resigned in lieu of
discharge from any position, public or private, for any
cause which would be a cause for dismissal from City
service or has an unsatisfactory record of employment in
the City service or with any other agency or firm;
7.9.5. Has made any material false statement or has
attempted any deception or fraud in connection with this
or any other Civil Service examination;
7.9.6. Fails to appear for fingerprinting or other
investigation as required;
7:9.7. Has assisted in preparing the examination for
which application is sought or has in any other manner
secured confidential information concerning such
examination which might give an unfair advantage over
other applicants in the examination;
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7.9.8. After notification, did not promptly appear at
the time and place designated for the examination;
7.9.10. For other good cause.
7.10.
7.11. DEBARMENT FROM EMPLOYMENT.
7.11.1. No one who has been dismissed from the Service
for cause involving moral turpitude shall be allowed to
again enter the Service, and anyone dismissed for other
good cause shall be allowed to again enter the Service
only by express consent of the Secretary;
7.11.2. Any applicant for appointment, promotion,
reemployment, increase of salary or other personal
advantage, who shall directly or indirectly pay or
promise to pay any money or other valuable thing to
anyone whatever for or on account of such actual or
prospective advantage, shall be ineligible for any
further employment in the Civil Service.
7.12.
7.13. NOTICE OF NON-ACCEPTANCE. Anyone against whom action
is taken under Rule 7.9 shall be notified promptly by the Secretary
of the reasons therefor by either oral notice at the time of filing
the application or written notice mailed to the applicant or
eligible, or both such oral and written notice.
7.14.
7.15. ADMISSION TO EXAMINATION PENDING APPEAL. The Secretary
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.
7.16.
7.17. AMENDMENT OF APPLICATION. The Secretary may permit any
applicant, before or after acceptance of the application form, to
amend the application or to file an amended application.
7.19. APPLICATIONS NOT RETURNED. All applications when
completed and filed become the property of the Commission and
thereafter may not be returned to the applicant.
7.20.
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7.21. APPLICATION FEE. The City will collect a ten dollar
($10.00) non-refundable application fee at the time the application
is requested.
RIILE VIII. EXAMINATIONS
8.1. ORDERING EXAMINATIONS. An examination shall be ordered
whenever it is deemed to be in the best interest of the City. The
Secretary shall administer examinations as provided by these rules.
8.2.
8.3. EXAMINATION ANNOUNCEMENT. Public notice of examinations
shall be given by the Secretary in the official newspaper and in
any other publications which the Secretary may direct at least l0
(ten) days preceding such examination. The official bulletin shall
be posted in the Commission's office and distributed to appropriate
departments for posting at all employment centers. In addition to
the public notice, promotional examination notices shall be posted
in the Commission office and in department offices not fewer than
14 (fourteen) days preceding the examination.
8.4.
8.5. AMENDMENTS TO ANNOUNCEMENTS. The Secretary may amend
any published announcement with appropriate public notice.
8.6.
8.7. CONTINUOUS EXAMINATIONS. A continuous or periodic
examining program may be ordered and administered'by the Secretary
for any class of positions for other than promotional examinations.
Filing will be open, applications received and the examinations
administered according to the needs of the service. The names of
qualified eligibles resulting from such examinations shall be
entered on the eligible register, and certifications for
appointments shall be made in the same manner as from any eligible
register. Names of eligibles from successive examinations in the
.same program shall be entered on the eligible register. Names of
eligibles from successive examinations in the same program shall be
entered on the eligible register for the class at the appropriate
places and determined by final grades. Names may be withheld from
certification or removed from such eligible registers in the same
manner and for the same reasons as from any eligible register.
8.7.1. NOTICE. Public notice of continuous examinations
shall include notice that the period for filing
applications and taking examinations shall remain open
until further order and notice. Qualified applicants may
take the examination at such times and places as
specified in announced schedules which shall be posted in
18 .
all places and departments where public notice of the
examination is or should be posted and, to the extent
practicable, shall be included in the Examination
Bulletin.
8.7.2. DURATION AND CLOSING. Any open f fling and
examination period may be closed by order of the Examiner
upon giving notice of the order by:
(a) publication at least once in the Official
Newspaper; and
(b) posting a copy in the Personnel Division Office
at least seven (7) days .prior to the date of
closing.
8.7.3. To expedite certification and appointment and to
maintain security of examination material, no keyed copy
of the written test will be provided at any time. The
eligible register may be promulgated immediately after
the results are obtained.
8.7.4. Except as above provided, the rules applicable to
other examinations shall apply to continuous and periodic
examinations.
8.8.
8.9. CHARACTER OF EXAMINATIONS. All examinations shall be
competitive, impartial and practical in their character. They
shall be designed to qualify and rank applications in terms of
their relative fitness to perform the duties of the class for which
the examination was ordered. An examination shall be deemed to be
competitive when applicants are tested as to their relative
qualifications and abilities, or when a single applicant is scored
against a fixed standard.
8.10.
8.11. CONTENT OF EXAMINATIONS. Examinations may include
written tests, personal qualifications, physical or performance
tests, or evaluations of training and experience, interviews, any
other suitable evaluation of fitness or any combination of such
tests. Such .tests may evaluate education, experience, aptitude,
knowledge, skill, physical condition, personal characteristics and
other qualifications to determine the .relative fitness of the
candidates.
8.12.
8.13. PARTS AND WEIGHTS. Each examination shall contain one
or more parts to which percentage weights shall be assigned, which
19
weights shall total 100%. Each part shall be graded independently.
This earned grade shall be multiplied by the percentage weight
assigned to such part, and the sum of the resulting products shall
be called the Examination Grade.
8.14.
8.15. PASSING GRADES.
8.15.1. The name of an. examinee shall not be entered on
an eligible register without the examinee having attained
a passing grade in the examination as established by the
Secretary.
8.15.2. Tests consisting of interviews and evaluation of
experience records shall be graded with 100% as the
maximum and with 70% representing the passing grade for
such tests.
8.15.3. Except as provided in Rule 8.15b, the Secretary
shall, before identification of papers, authorize a
grading schedule for tests with a minimum passing score
which represents an acceptable degree of fitness on such
subjects for the class of positions.
8.16.
8.17. QUALIFYING GRADE. Where any part or parts of an
examination relate to qualifications deemed essential to the proper
performance of duties of the class, the Secretary may determine the
minimum qualifying grade of each such part or parts. Failure to
attain such grade shall disqualify an examinee, without regard to
overall examination grade, and shall disqualify the examinee from
participation or rating on other parts of the examination.
8.18.
8.19. PROMOTIONAL EXAMINATIONS. .Vacancies in the higher
positions of a class shall be filled by promotion, whenever
reasonably possible in the judgment of the Commission. Upon
showing from a department that special training and knowledge
gained within a department is essential to the proper filing of the
vacancy, the Commission or Appointing Authority may limit or waive
an examination to a promotion within a department .only.
8.20.
8.21. OPEN GRADED EXAMINATIONS. An~ examination may be
advertised as open graded when, in the judgment of the Commission,
it is in the best interest of the service.
8.22.
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8.23. VETERANS' CREDIT. Veterans who have passed an
examination shall be entitled to credit pursuant to Chapter 41.04
RCW.
8.24.
8.25. RESERVE OFFICER CREDIT.
8.26.
8.27.
8.28.
8.29. KEYED COPY INSPECTION AND EXAMINATION PROTEST.
8.29.1.. Any protest against the scope, content, or
practicality of any part of an examination shall be filed
in writing with the examiner within five (5) days
immediately following the administration of such part, or
within the time limit specified on the instruction sheet.
8.29.2. When a qualifying grade is required on any part
of an examination, those who fail to receive the
qualifying grade shall be notified and any protest or
appeal must be filed in writing within five (5) days
after the notices of results have been mailed.
8.29.3. Any protest against scoring or any allegation of
clerical error in the final results of an examination
must be filed in writing within five (5) days after the
notices of results have been mailed.
8.29.4. All protests filed in accordance with this rule
shall be considered by the Examiner and any proper
corrections made. If _authorized corrections are
applicable to other examinees, the corrections shall be
made on all examination papers affected.
8.30.
8.31. CORRECTION OF CLERICAL ERRORS. Any clerical error may
be corrected by the Secretary 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.
8.32.
8.33. EFFECTIVE DATE OF EXAMINATION RESULTS. Results of an
examination shall become effective on the date official notice
21
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thereof is posted in the office of the Civil Service Secretary,
Yelm City Hall, 105 Yelm Ave. W., Yelm, WA 98597.
8.34.
8.35. REEXAMINATION.
8.35.1. No one shall be reexamined for the same class
within six months of the effective date of such
examination, unless authorized by the Secretary upon
determination that it would be in the best interest of
the City.
8.35.2. If an eligible takes a succeeding examination
for the same class, the result of such. examination shall
not nullify any remaining eligibility already
established. Eligibility attained by the second
examination shall be entered on the register, and the
eligibility that will provide the greatest advantage to
the eligible shall be used.
8.36.
8.37. EXAMINATION PAPERS. Examination papers of each
eligible shall be kept on file in the office of the Commission
until the expiration of eligibility.
8.38.
8.39. ADDITIONAL EXAMINATION.
8.39.01. Eligibles certified pursuant to Rule 9 shall be
subject to medical, physical or psychological examination
and to such other examinations administered by the
Secretary/Department as authorized and approved by the
Commission. Such other examinations include, but are not
limited to, background examination and polygraph:
Provided, however, polygraph examination shall be allowed
only for entry-level applicants under RCW 49.44.120.
Reports of such examination shall be filed with the
Commission in the event the findings of the examination
recommend that the eligible be rejected. The Secretary
shall consider such recommendation, may require further
examination, and may order the eligible's name dropped
from the eligible register.
8.39.2. The Secretary may designate a limited number of
certified eligibles for additional examination as
provided in Rule 8.39.1, in order to maintain an ability
to certify registers pursuant to Rule 10.
8.40.
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8.41. MULTI-PART EXAMINATION. Where an examination consists
of two or more parts, the. Examiner may:
8.41.1. set a minimum score to be required in any part
of such examination, and any applicant who fails to
attain such minimum score shall be considered as having
failed in the entire exam and shall not be entitled to
take the balance of the exam;
8.41.2. assign weights to each part of the examination,
with the examinee's earned examination score equalling
the weighted average of the scores on each part;
8.41.3. (a) limit the number to be further considered
or tested to a group of the highest scoring
applicants, depending. on the number. of
applicants who meet the minimum requirements
for a position;
(b) allow candidates of protected groups
which are under-represented in the job
classification or department, to continue in
the testing process, even if their passing
scores on each-test are not the highest. This
would pertain only to entry level tests and
only to women, minority or handicapped
candidates. Under-representation would be
determined in the same manner as under Rule
8.5.2. or
8.41.4. employ all or any of the above options for multi-
part examinations in any .examination.
8.42.
8.43. NUMBER OF APPLICANTS--LIMITATIONS. The Secretary may
restrict the number of qualified applicants to~be examined at any
one time whenever an examination for a position is likely to
attract large numbers of qualified applicants, and when job-related
testing processes are prohibitively costly or impractical to
administer to all qualified applicants, or may have adverse impact
on protected groups.
8.43.1. RANDOM SAMPLE. The Secretary may provide for a
random sample of qualified applicants to be drawn for an entry
level examination by so stating in the Examination Bulletin. Those
qualified applicants whose names are not drawn for the initial
group to be examined shall be held on file. Should the initial
group examined fail to yield an eligibility list of sufficient size
to meet the needs for eligibles for that class, or should the list
become exhausted before it expires, a sample from the remaining
23
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qualified applicants will again be drawn and the examination
process repeated.
8.43.2. AFFIRMATIVE ACTION--ENTRY LEVEL EXAMINATIONS.
In testing for classes where the City's affirmative action goals
pursuant to Washington State Employment Security Metropolitan
Statistical Area statistics are not met, a percentage of the total
sample to be drawn for the examination will be drawn from the
qualified protected group applicants; such percentage shall
correspond to the protected groups' percentage distribution in the
labor market area. The total sample shall be completed by drawing
from the remaining pool of applicants.
8.43.03. MULTI-PART EXAMINATIONS. The Secretary may limit
eligibility in subsequent exam-parts to those scoring highest on a
preliminary test or series of tests; provided, however, the number
of examinees shall be established before administration of
preliminary tests.
RIILE IB. REGISTERS AND ELIGIBILITY
9.1. ESTABLISHMENT OF ELIGIBLE REGISTERS. After examination,
the Secretary shall prepare an eligible register for the class
on which the names of successful candidates shall be ranked as
follows:
9.1.1. On a promotional register: relative rank shall be
determined by the examination rating or grade, plus any
additional points for service credit plus percentage
allowed by law for veterans' preference.
9.1.2. On an open graded register: relative rank shall
be determined by the examination grade, plus percentage
allowed by law for veterans' preference.
9.1.3. Priority of time .of examination shall not give
any preference in rank on the register.
9.1.4. The preference in rank of eligibles having equal
final general averages shall be determined as follows, in
the order stated:
(a) The one who qualifies for veterans' preference
in accordance with Washington State law. Eligibles
on a promotional register do not so qualify.
(b) When the examination is composed of two or
more parts with separate grades, the one who has:
(1) The highest grade on the most heavily
weighted part of the examination; if a tie
24
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still exists, then the highest grade on the
next most heavily weighted part, and so on for
as many parts as the examination contains.
(2) The highest grade on the written test if
all parts are weighted equally.
(c) When the examination has only one part or the
candidates have the same standing under (a) and (b)
above:
(1) As between examinees who are city
employees, the one having the greater service
credit with the City, regardless of class or
department;
(2) If one is a regular or probationary City
employee and the others are not, the regular
City employee has preference.
(d) By lot
9.1.5. If an applicant is permitted to file for and take
an examination for delayed eligibility, and if such
applicant is successful in the examination, eligibility
shall be held in abeyance until the candidate meets the
requirements for eligibility, which must be reported in
writing. If otherwise eligible, the candidate's name
shall be placed on the register .in accordance with the
final examination grade. Any such eligibility shall
expire with that of other eligibles from the same
examination.
9.2.
9.3. RETURN TO REGISTER FOLLOWING LAYOFF. On layoff, an
employee's name shall be placed upon the proper .eligible register
for the class, according to the grade, for~one year from the date
of such layoff .
9.4.
9.5. RETURN TO ELIGIBLE REGISTER AFTER RESIGNATION OR
RETIREMENT.
9.5.1. A former employee who resigned or retired may
request return of his or her name to the proper open
graded eligible register for the class. Such request
must be made within one year from the date of resignation
or retirement: Provided, the Secretary, may extend the
above time limitation for not to exceed an additional
25
four years upon satisfactory showing that such extension
would be in the best interest of the City.
9.5.2. Any request for return to register following
resignation or retirement must be supported by written
recommendation of the Department Head;
9.5.3. A former employee whose eligibility is reinstated
under this rule shall be certified according to
applicable Civil Service Rules.
9.5.4. .The name of a former employee who resigned or
retired may not be returned to a promotional register,
unless recommended by the head of the former employing
department and approved. by .the Civil.Service Commission
within one year from the date of resignation or
retirement.
9.6. APPOINTMENT WITHOUT EXAMINATION. Except as provided in
9.3, 9.5 and 9.7, any return to the Civil Service shall be by
examination only. ,
9.7. ESTABLISHMENT OF REINSTATEMENT REGISTERS.
9.7.1. The names of regular employees who have been laid
off or, when requested in writing by .the appointing
authority, probationary employees who have been laid off
shall be placed upon a reinstatement register for the
same class within the department, for a period of one
year from the date of layoff;
9.7.2. Upon the request of the appointing authority, the
Secretary may approve the certification of anyone on such
a reinstatement register as eligible for appointment on
an open competitive basis in the department.
9.7.3. Anyone on a reinstatement. register who becomes a
regular employee in another department shall lose
reinstatement rights in the former department.
9.8.
9.9.
9.10.
9.11. AVAILABILITY OF ELIGIBLES.
9.11.1. It shall be the responsibility of an eligible to
notify the Secretary in writing immediately of changes in
address, telephone number, change of name through
26
marriage or otherwise or any changes which may affect
availability for employment.
9.11.2. The name of an eligible who submits a written
statement restricting the conditions under which
available for employment shall be withheld from
certifications which do not meet the conditions
specified. New written statements may be filed at any
time within the duration of an eligible register
modifying conditions under which employment would be
accepted.
9.12.
9.13. CANCELLATION OF ELIGIBILITY.
The appointing authority may request that a name be removed
from the register if the police background investigation,
psychological examination, physical agility examination, medical
physical examination or any other examination deemed necessary by
the Commission in accordance with the Rules and Regulations
contains negative findings or if the candidate fails the medical
physical or physical agility examinations.
A request for removal must be in writing and submitted to the
Secretary for review. If the Secretary determines that such
findings would cause an adverse reflection on the department or
constitutes grounds for nonacceptance of an application, as
provided in Rule 7.9, the Secretary may order removal of the name.
The Secretary shall prompty notify the candidate of any such
action.
The Secretary may withhold the name of an eligible candidate
from certification or remove the name from an eligible list when
the person:
9.13.1 expresses unwillingness or inability to accept
appointment or refuses an offer of appointment.
9.13.2 fails to respond within ten business days next
succeeding the mailing of written inquiry regarding
availability for permanent employment, or on three
separate occasions, refuses an offer of interview for a
vacant posiiton, or fails to respond within five business
days of a request to appear for interview regarding such
employment.
9.13.3 fails to report for duty at the time agreed upon
after having accepted an appointment.
9.13.4 fails to present license, registration, cerficate
or any other credentials required. The name of any
27
person removed according to this subsection may be
restored for certification when the particular
requirement has been met. The eligible person is
responsible for notifying the Secretary when he or she
has met the requirements.
9.13.5 fails to maintain a record of current address
with .the Commission as evidenced by the return of a
properly addressed unclaimed letter or other evidence.
9.13..6 for any reason that an application may be
rejected under Rule 7.9
Whenever the needs of the service require, the Secretary/Chief
Examiner shall ascertain the availability •f or employment of the
persons whose names appear on an eligible list. 'The name of the
eligible person may be removed in accordance with 9.13.2 and 9.13.5
above as a result of the canvass of the eligibility list..
9.14
9.15. RESTORATION OF NAMES TO ELIGIBLE REGISTERS. The name
of an eligible which has been removed from a register may be
restored upon written request to the Secretary for such
restoration. The request must specify the reasons for the
requested restoration. The Secretary may approve the request if it
is deemed that the evidence submitted justifies such approval.
RIILE %. CERTIFICATION AND APPOINTMENT
10.1. GENERAL PROVISIONS. Vacancies in the classified Civil
Service shall be filled by reinstatement, promotional appointment,
assignment, original appointment, transfer, reduction or demotion.
In the absence of an appropriate register, the Secretary may
authorize a temporary or provisional appointment.
10.2.
10.3. REQUEST FOR CERTIFICATION. Whenever an appointing
authority wishes to fill a vacancy, a request for certification
shall be submitted to the Secretary. The request shall show the
number of positions or vacancies to be filled, the class title,
tenure of work to be performed, cause of the vacancy, or if a new
position, authority for the appointment and any other details for
full description of the position to be filled.
10.4.
10.5. CERTIFICATION.
28
10`.5.1. Eligible Recrister. Certification to fill a
vacancy shall be made by the Secretary from registers in
the following order and as provided in this rule:
(1) Reinstatement
(2) Promotional
(3) Original
10.5.2. Order of reinstatement--Eligible.
(a) If a vacancy is to be filled from the
reinstatement register, the following shall be
.the order of certification:
(1) Regular employees in the order of their
length of service. The regular employee
on such register who has the most service
credit shall be first reinstated;
(2) Probationers, without regard to length of
service. The names of all probationers
upon the reinstatement register shall be
certified together.
(b) Upon request from the appointing authority,.
the Secretary may authorize reinstatement out
of such regular order upon a showing of
efficiency or that such action is for the good
of the service, after giving the employees
adversely affected an opportunity to be heard.
RIILE %I. PROBATION
11.1. PROBATIONARY PERIOD.
11.1.1. After each full-time or part-time permanent
appointment from an eligible register, the employee appointed
shall serve a complete period of probation before the
appointment is deemed complete. The purpose of the
probationary period is to provide a trial period during which
the department may observe the performance of the probationary
employee before civil service status is acquired.
11.1.2. A regular employee who has been reduced to a lower
class in which he or she has not had regular standing shall
have probationary status in the lower class for six (6) months
from the date of such reduction.
11.2.
11.3.. LENGTH OF PROBATIONARY PERIOD. The period of probation
shall be equivalent to six (6) months of full-time service
29
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following permanent appointment from an eligible register. Minor
absences due to vacations, annual military leave, illnesses, and
similar causes shall not be construed as interrupting the
probationary period unless an absence or absences are unauthorized
or are considered to be unreasonably disruptive in which case the
Secretary may approve a departmental request for an extension of
the probationary period.
11.4.
11.5. INTERRUPTION OF PROBATIONARY PERIOD BY MILITARY
SERVICE. A probationer who engages in active military service on
an extended basis shall be considered as having an interrupted
probationary period. Such employee may continue the probationary
period following return from military leave.
11.6.
11.7. SERVICE IN ANOTHER CLASS. Service in a class or office
other than the one to which an eligible is regularly appointed may
be credited toward completion of a probationary period if the
Secretary has approved the written statement of the appointing
authority to the effect that the probationary period may be
properly judged on the basis of service in the other class or
office.
11.8.
11.9. REMOVAL OF PROBATIONER.
11.9.1. Grounds. The appointing authority, by assigning in
'writing to the Commission the reasons therefore, may remove
any probationer. Such reasons need not constitute just cause
and shall not otherwise be reviewed by the Commission except
as provided in Rule 11.1, 11.2, 11.3 and 19.1.2.
11.9.2. Procedure. The department head must file a prescribed
form stating the reasons for the removal with the Secretary
prior to the end of the probationary period. Notice must be
mailed to or personally served on the employee and proof of
notice filed with the Secretary.
11.9.3. Riqhts Retained. A promotional probationer, unless
discharged for cause, retains all civil service rights to the
position from which appointed. Such rights shall be retained
whether promotion is to an entrance or promotional position.
11.10.
11.11. DEMOTION. A probationer may be demoted for inability
to perform satisfactorily the duties of the position to which he or
she was appointed, in accordance with Rule 17.3 on demotion, or may
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be allowed eligibility for another position in the same class, for
which he or she is deemed qualified by the appointing authority,
subject to approval by the Commission.
A probationer demoted to a class in which he or she has not
held regular standing shall start a new period of probation.
11.12.
11.13. PROTESTS. Any probationer may file a written protest
with the Secretary protesting a demotion. All protests must be
filed within ten (10) days after notice of the action taken. The
Secretary will .give due consideration to and take appropriate
action on all timely-filed protests. Probationers may appeal the
decision of the Secretary to the Commission under Rule 19.
RIILE %II. SERVICE CREDIT
12.1. Service credit in a class for a regular employee shall
be computed to cover all service subsequent to regular appointment
in that class and shall be applicable in the department in which
employed.
12.2.
12.3. DETERMINATION.
12.3.1. The determination of a regular employee's earned
service credit shall be made on the basis of the available
payroll, personnel and other. records. If payroll records are
not available for any particular period, it shall be
rebuttably presumed that each regular employee employed during
such period, as shown by other records, earned full service
credit in the particular class and department in which
employed, for the entire length of such period.
12.3.2. Following the requisite probationary period and upon
appointment or reappointment, the seniority and service credit
of the .employee shall begin anew and be computed without
benefit or credit of any prior service except as the
Commission may otherwise authorize for the good of the
service.
12.4. REQUESTS FOR CONFIRMATION.
12.4.1. REQUESTS. Any regular employee, or an association or
union on behalf of such employee, or the department head may
request a determination of the employee's earned service
credit as of a designated date in any specified class in which
he or she has served. If the request is made at a reasonable
time and interval, and subject to such directives as may be
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then in effect, the Secretary shall as soon as practicable but
within ten (10) days ascertain the requested computation, and
shall so notify the requesting employee, association, union or
department head in writing.
12.4.2. PROTESTS. If any employee, association, union or the
department head has cause to object to the computation of the
employee's service credit, written protest may be filed with
the Secretary setting forth with particularity the reason and
basis for the objection. Such protests must be filed within
ten (10) days. The Secretary shall give due consideration to
all timely-filed protests and take such action as deemed
appropriate.
12.5. SERVICE COVERED.
12.5.1. GENERALLY. Once a regular employee acquires tenured
Civil Service status and regular standing in any given class
in the department, the employee shall receive full service
credit for the entire length of time served in such class and
department, whether such service is continuous or interrupted.
12.5.2. PROBATIONARY PERIOD. After completion of an original
or promotional probationary period, a regular employee shall
receive credit for actual service during such period. If a
probationer fails to complete satisfactorily the required
probationary period and is returned to his or her former
regular class, actual service during such period shall be
credited to the former class.
12.5.3. TEMPORARY OR PROVISIONAL APPOINTMENT. If a temporary
or provisional. appointment is followed by a regular
appointment to the same class, such employee shall receive
credit in such class for actual, continuous service during the
temporary or provisional appointment. A regular employee
shall receive service credit in the regular class for the
period after the regular appointment, served under a temporary
or provisional appointment to another class or to an exempt
position, if the employee returns to the regular class-after
the expiration or termination of such service.
12.5.4. ON ASSIGNMENT. A regular employee shall be credited
to the regular class for the entire length of time served
under an assignment.
12.5.5. LEAVES WITH PAY. A regular employee shall receive
full credit for any leave with pay.
12.5.6. LEAVES WITHOUT PAY. No service credit shall be
allowed for any time that an employee is on any leave of
absence without pay.
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12.5.7. SUSPENSION. No service credit shall be allowed while
an employee is on a suspension without pay, unless the
suspension is modified, reversed or nullified on appeal.
12.6. CHANGE IN CLASS OR DEPARTMENT.
12.6.1. GENERALLY. No service credit earned by a regular
employee in any one class shall be carried over upon
appointment, promotion, reinstatement, transfer, demotion or
voluntary reduction to or from another class, but such service
credit shall be permanently retained in and be credited to the
class in which it was earned, unless expressly provided by
these Rules.
12.6.2. ABOLITION OF CLASS.. In the event that a regular
employee's former class is abolished or changed, all service
credit earned in such class prior to its abolition or change
and not lost or forfeited shall be credited to another class
which is substantially similar to, and is neither higher not
lower than the abolished or changed class.
12.6.3. COMBINATION--COMPUTATION. Whenever the service
credit of a regular employee earned in two or more classes is.
to be combined under these Rules as hereinafter prescribed,
the service credit earned and not lost or forfeited in each
such class shall be computed separately and shall represent
the employee's service credit for the particular purpose in
question.
12.7. PROMOTION--COMPUTATION OF CREDIT. Upon completion of
the probationary period for a promotional position, an employee
shall receive credit for all service in the promotional class,
which shall be credited to that class. All prior service credit
earned in the lower class shall be retained by the employee, but
such service credit shall be credited only to the latter class.
12.8. TRANSFER--COMPUTATION OF CREDIT. A.regular employee
shall be entitled to retain all service credit earned in any class
prior to an authorized transfer therefrom, which shall be credited
to such former class. Service credit earned in the new class to
which transferred shall be credited to such new class, from the
effective date of the transfer. If the transfer becomes tenured,
the required trial period, if any, shall be credited to the new
class.. Otherwise such trial period as served shall be credited to
the former .class.
12.9. DEMOTION--COMPUTATION OF CREDIT. Upon the involuntary
demotion of an employee in accordance with these Rules, all service
credit earned in the class from which demoted, up to the effective
date of the demotion, shall be retained by the employee, unless
otherwise provided in the demotion order and approved by the
Commission. From that time, the employee shall be entitled to such
33
service credit earned in the lower class to which demoted, plus
whatever service credit formerly earned in such class and not lost
or forfeited. Any required trial period, if satisfactorily served,
shall be credited to that lower class. If not satisfactorily
served and demoted again, such trial period as actually served
shall be credited to the next lower or other class in which the
employee acquires regular standing or, in the event of a layoff, to
the class from which the employee is laid off.
12.10. VOLUNTARY REDUCTION--COMPUTATION OF CREDIT. Upon the
voluntary reduction of a regular employee to a lower class as
provided by these Rules, such employee shall retain all earned
retention credit in the higher class from which reduced, prior to
such reduction, if not lost or forfeited.
12.11. REALLOCATION--COMPUTATION OF CREDIT.
12.11.1. SIMILAR CLASSES.' If a regular employee's position
is reallocated to a different class which is substantially
equivalent to the former class, all the service credit
previously earned in the former class and not lost or
forfeited shall be credited to the new class. In addition
thereto, the employee shall receive all service credit
subsequently earned in the new class.
12.11.2. DISSIMILAR CLASSES. If the position is reallocated
to a class which is not substantially similar, the service
credit earned in the former class shall be credited to such
former class.
12.12. LAYOFF--COMPUTATION OF CREDIT. No service credit
shall accrue or be allowed during the period in which an employee
is laid off, but all service credit earned and not lost or
forfeited up to the effective date of the layoff shall be retained
by the employee.
12.13.
12.14. SERVICE CREDIT UPON SEPARATION FROM SERVICE. Upon
separation from .the service, no credit shall be given or allowed
for any prior .service or employment up to the time of such
separation, and except as otherwise specifically provided by these
Rules, service credit shall be forfeited and not be reinstated upon
reemployment by the City.
RIILE %III. TRANSFER--REDUCTION
13.01. The transfer of an employee shall not constitute a
promotion in the service, except as provided in Rule _13.3.4.,
below.
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13.2. Intra-departmental transfers. The appointing. authority
may transfer an employee from one position to another position in
the same class in his or her department without prior approval of
the Secretary but must report any such transfer to the Secretary
within five days of its effective date.
13.3. Transfers may be made upon consent of the department
head and with the Secretary's approval as follows:
13.3.1. Transfer to another class in the same department in
case of injury in line of duty either with the City service or
with the armed forces in time of war, resulting in permanent
partial disability, where showing is made that the transferee
is capable of satisfactorily performing the duties of the new
position;
13.3.2. Transfer, in lieu of layoff, may be made with limited
standing to a single position in another class, upon a showing
that the transferee is capable of satisfactorily performing
the duties of the position and that a regular employee or
probationer is not displaced. Regular standing in the new
class may be attained by the employee only through examination
and permanent regular appointment.
13.3.3. Transfer, in lieu of layoff, may be made with limited
standing to a single position. in another. class when such
transfer would constitute a promotion or advancement in the
service provided a showing is made that the transferee is
capable of satisfactorily performing the duties of the
position and that a regular employee or probationer is not
displaced and when transfer in lieu. of layoff under Rule
13.3.2 is not practicable. Regular standing in the new class
may be attained by the employee only through examination and
permanent regular appointment.
13.3.4. The Secretary may approve a transfer under this Rule
13.3 with the consent of the appointing authority upon a
showing of circumstances justifying such action.
13.4. These rules have no authority or effect on positions
no't subject to the Civil Service. Transfer to or from positions
not subject to these Civil Service rules are unaffected by these
rules.
13.5. REDUCTION.
13.5.1. AUTHORIZED. As defined in Rule 2.35, a reduction is
the movement of an employee from a higher class to a lower
class of employment for reasons other than cause. A reduction
may be made only upon an employee's written request, and
consistent with these Rules.
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(a) the next lower or any lower class in the Class
Series containing the class from which reduced;
(b) any lower class in which the employee has acquired
previously regular standing,. provided there has
been no intervening forfeiture; or
(c) any lower class which is substantially similar to
any lower class (in the employee's current class
series) in the position classification plan; or
(d) for employees seeking return to employment or
reemployment from a disability, to a vacant
position in another permissible class for which the
employee qualifies.
13.5.3. PROCEDURE.
(a) A request for reduction must be submitted in
writing to the Secretary. The request must include
a statement of justifiable or satisfactory reason,
including a showing that the employee meets the.
qualifications of the lower class.
(b) The reduction must be approved by the Mayor or
Mayor's designated City Administrator and the
department head, and reported to the Commission.
(c) The reduction shall take effect on the date ordered
by the Commission.
13.5.4. EFFECT OF REDUCTION.
(a) Upon the effective date or following satisfactory
completion of any trial period, the reduction shall
be complete and the employee shall have Regular
Standing in the lower class to which reduced.
(b) An employee reduced .shall be able to return to the
former position only by examination and regular
appointment, or in the event of a recovery .from
disability, appointment from a reinstatement
register.
13.5.5. REDUCTION AVAILABLE.
(a) By Employee. A voluntary reduction may be sought
by an employee for any vacant position in a class ~
under Section 13.5.2.
36
(b) By Department.
(1) Employees with Standing. Reduction
involuntarily of an employee from a higher
civil service class to a lower civil service
class is governed by Rule 14, Layoff. Return
of an employee from an' exempt position to a
civil service position is governed by Rule 15,
Leaves of Absence.
(2) Employees without standing. When an employee
is reduced from an exempt position, .the
employee may petition in writing the
Commission within 10 days of the end of
employment in the exempt position for
placement on a reinstatement register for a
class for which the employee is deemed
eligible. In considering the placement of the
employee, the Commission may consider the
employee's experience, the record of City
employment, or such other factors as deemed in
the best interest of the System. The
Commission's decision shall be deemed
permissive and discretionary, and an employee
shall have no claim or cause for denial of
placement on a reinstatement register.
13.5.6. The Commission may, in its judgment and discretion,
provide in the order granting or approving any reduction that
the employee shall serve a designated trial period, not to
exceed one month's service from the effective date of the
reduction, in the position to which reduced for the sole
purpose of satisfying the Commission that employee is capable
of satisfactorily performing the functions and duties of such
position or class.
Provided, however, that the Commission may by its order for
cause, at any time during the running of.a~prescribed trial
period, either extend, shorten, modify or~waive in whole or in
part the duration or balance of such period.
RIILE %IV. LAYOFF
14.1.. In a given class in the department, the following shall
be the order of layoff:
14.1.1. Provisional appointees;
14.1.2. Temporary or intermittent, employees not earning
service credit;
37
14.1.3. Probationers (except as their layoff may be affected
by military service during probation);
14.1.4. Regular employees in the order of their length of
service, the one with the least service being laid off first.
14.2. Layoff Out of Order. The Secretary may grant
permission for layoff out,of the regular order, upon showing by the
department head of a necessity therefor in the interest of
efficient operation of the department, after giving any employee or
employees affected an opportunity to be heard.
14.3. Reduction in Lieu of Layoff. At the time of any
layoff,. a regular employee or a promotional probationer shall be
given an opportunity to accept reduction to the next lower class in
a series of classes in the department, or may be transferred as
provided by Rule 13.3.3, Transfer in Lieu of Layoff. An employee
so reduced shall be entitled to credit for any previous regular
service in the lower class and to other service credit in
accordance with the Service Credit Rule 12.
RIILE %V. LEAVES OF ABSENCE, VACATION AND SICR LEAVE
15.1. DURATION OF LEAVES.
15.1.1. Leaves of absence, vacation and sick leave shall be
granted in accordance with the "Yelm Police Officers Guild
Agreement".
15.2. PROTESTS. All protests to any action pertaining to
leaves of absence shall be filed with the Secretary within ten
(10) days of notice of such action. The Secretary shall give
due consideration to and take appropriate action on all
timely-filed protests.
RIILE %VI. RESIGNATION
16.1. HOW SUBMITTED. Resignation of any employee from the
service shall be made in writing and filed with the Secretary after
approval by the department head.
16.2.
16..3.
16.4. IMPLIED RESIGNATION. The department head may
presumptively consider any employee to have impliedly resigned upon
finding that such employee has been absent from duty without leave
or authorization or has failed to report for duty following the
expiration or termination of any suspension .f or five (5) or more
38
consecutive working days or has quit or "orally resigned" or has
been absent from duty for three (3) or more consecutive working
days without leave or authorization. An employee will not be
determined~to have resigned under this rule until five (5) days
after proof of service of a written notice by registered or
certified mail to the employee's last known address as filed with
the Secretary. No resignation order shall take effect if, prior
hereto, the employee reports for active duty, applies for
restoration or reinstatement, or otherwise gives notice to the
department head or Secretary which, in the judgment of the
Commission, rebuts the presumption of resignation.
16.5. RETURN TO ELIGIBLE REGISTER FOLLOWING RESIGNATION.
(See Rule 9.5).
RIILE %DII. DISCIPLINE AND.DISCH~iRGE
17.1. MINOR DISCIPLINARY ACTION. Any minor disciplinary
action not involving removal, suspension without pay, demotion or
reduction. in pay shall be imposed in accordance with Yelm Ordinance
No. 199, Sec. 7; (Section 2.48.070 YMC).
17.2. SUSPENSION.
17.2.1. The department head may suspend a subordinate, with
or without pay, for a period not to exceed thirty (30) days
for good cause.
17.2.2. Any deprivation by the department head of any
vacation or other paid leave, compensatory time-off or other
privilege involving pay or compensation either directly or
indirectly, to which an employee is otherwise entitled under
law and these Rules, shall be deemed to be a suspension
without pay and shall be subject to the above provisions.
17.3. DEMOTION--DISCHARGE.
17.3.1. The department head may discharge an employee or
demote an employee to a lower class for cause. An employee so
demoted shall lose all rights to the higher class. If the
employee has not had previous standing in the lower class,
such demotion shall not displace any other regular employee or
any probationer.
17.3.2. The Secretary shall be. satisfied as to the ability of
such demoted employee to perform the duties of the lower
class. The demoted employee may be required to qualify for
and serve a trial period in the class to which demoted, for
such time and upon such terms and conditions as the head of
the department may provide in the demotion order, for the sole
purpose of determining that he or she is capable of
39
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satisfactorily performing the functions and duties of such
class.
17.3.3. Upon the satisfactory completion of the prescribed
trial period or upon the effective date of the demotion if no
such period is required, the demoted employee shall have the
status, rank and standing of the lower class to which demoted,
and such class shall be deemed to be his or her regular class
for. purposes of these Rules until an authorized change is
made.
(a) Demotion of an employee to a lower class for good cause
may be made by the department head.
(b) An employee so demoted shall .lose all rights to the
higher class.
(c) If the employee has not had previous standing in the
lower class, such demotion shall not displace any other
regular employee or any probationer. The Secretary shall
be satisfied as to the ability of such demoted employee
to perform the duties of the lower class and shall
require the completion of a probationary period.
17.4.
17.5. DISCIPLINE--GOOD CAUSE--ILLUSTRATED. The following are
examples of good causes for discipline; discipline may be imposed
for any other good cause:
17.5.1. Incompetency, inefficiency, inattention to or
dereliction of duty;
17.5.2. Dishonesty, intemperance, immoral conduct,
insubordination, discourteous treatment of the public or a
fellow employee, 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 herself;
17.5.3. Mental.or physical unfitness for the position which
the employee holds;
17.5.4. Dishonest, disgraceful or disruptive conduct or
conduct which tends to injure the morale of the department;
17.5.5. 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
function and duties of any position under Civil Service;
40
' 'y _ .. ._._.
~ ~
17.5.7. False or fraudulent statements or fraudulent conduct
by an applicant, examinee, eligible or employee, or such
actions by others with his or her collusion;
17.5.8. Willful or intentional violation of any lawful and
reasonable regulation, order or direction made or given by a
superior officer;
17.5.9. Willful or intentional violation of any of the
provisions of these rules;
17.5.10. Any other cause, act or failure to act which, under
state law, City ordinance, or these Rules, or in the judgment
of the Commission, is grounds for or warrants dismissal,
discharge, removal or separation from the service, demotion,
suspension, forfeiture of service credit, deprivation of
privileges or other disciplinary action.
RIILE SVIII. PREDISCIPLINARY HEARING
18.1. PREDISCIPLINARY HEARING--REQUIRED. The department head
shall provide and arrange for a predisciplinary hearing prior to
demotion, suspension without pay or discharge of a subordinate.
18.2.
18.3. PREDISCIPLINARY HEARING--STANDARDS/NOTICE OF
DISCIPLINE.
18.3.1. An employee shall be provided, in writing, with a
notice of the charge and an explanation of the department's
evidence. The employee shall be given an opportunity to
respond to the charges, orally or in writing, as to why the
department's proposed action should not be taken.
18.3.2. The employee may .have legal .counsel or union
representation present at a~predisciplinary hearing.
18.3.3. The department's explanation of the department's
evidence at the predisciplinary hearing shall be sufficient to
apprise the employee of the basis for the proposed action.
This rule, however, shall not be construed to limit the
employer at subsequent hearing from presenting amore detailed
and complete case, including presentation of witnesses and
documents not available at the predisciplinary hearing.
18.3.4. Should the appointing authority determine to
discipline following the. predisciplinary procedure, written
notice of discipline shall be given to the employee. Such
notice shall include the charges against the employee and a
general statement of the evidence supporting the charges.
41
,;
18.3.5.
basis for
employee.
The Commission shall not consider, on appeal, any
disciplinary action not previously presented to the
RIILE I%B. HEARINGS
19.1. HEARINGS--APPEALS.
19.1.1. Any regular employee who is demoted, suspended
without pay or terminated may appeal such action to the
Commission.
19.1.2. Any employee who is alleged to be probationary by the
disciplining department may appeal to the Commission only the
questions of probationary status and whether the procedures
for discharge of probationers, as found in these rules, were
properly followed.
19.1.3. Any employee or department head, who is adversely
affected by an alleged violation of a Civil Service rule or
City ordinance under these rules may appeal such determination
or action to the Commission.
19.2.
19.3. APPEALS--TIME--FORM. A notice of appeal shall be filed
at the Commission offices within ten (10) days of the action that
is the subject of the appeal. The notice of appeal shall be in
writing and include the mailing address and street address where
service of process and other papers may be made upon the appellant.
The notice of appeal shall also contain a brief description of the•
facts giving rise to the appeal and a concise statement of the
reason for the appeal. Forms provided by the Commission may be
used for such notice but are not required.
19.4.
19.5. EXHAUSTION OF ADMINISTRATIVE REMEDIES.
19.5.1. The Secretary may direct the employee to exhaust
available administrative procedures regarding a disciplinary
matter before hearing the matter.
19.5.2. If the employee exhausts the available administrative
procedures and continues to believe that good cause has not
been shown, the employee may within ten (10) days after the
final step of the procedure request the Secretary to return
the appeal to the Commission for hearing.
19.6.
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19.7. AUTHORITY OF SECRETARY-CHIEF EXAMINER AND STAFF.
19.7.1. The Secretary-Chief Examiner to the Commission shall
have the authority to make orders of preliminary matters,
including motions for discovery and to compel discovery,
continuance, protective orders and other similar matters.
Such orders may be appealed to the Commission. The Secretary-
Chief Examiner may also conduct pre-hearing settlement
conferences (in order to encourage resolution of contested
matters), issue subpoenas, and note depositions.
19.7.2. The Commission may authorize the Commission staff to
investigate any reports or appeals relating to the enforcement
or application of the Civil Service or those rules which do
not involve a disciplinary proceeding. The staff shall report
the results of the investigation to the Commission in an open
meeting. On the basis of such report, the Commission shall
either dismiss the report or appeal as being without basis or
set the matter for a full hearing.
19.7.3. As an aid to investigations authorized by the
Commission, the Secretary-Chief Examiner may subpoena any
documents that would be discoverable for purposes of hearing
preparation and amy take depositions by tape recorder of any
person who may have relevant knowledge. Depositions so taken
shall be kept as part of the records of the Commission.
19.8
19.9. APPEALS--INITIAL REVIEW. The Secretary-Chief Examiner
shall review all appeals to determine whether the employee has
timely filed an appeal and whether the action appealed is a final
action.. Upon a determination that the appeal 'is not timely, the
Secretary-Chief Examiner shall issue a written order of dismissal
with prejudice, setting forth the basis of the dismissal. In the
case of an action that is not final, the .appeal shall be stayed
until such .action becomes final. Such orders may be appealed to
the Commission.
19.10.
19.11. APPEALS--NOTICE OF~HEARING. Upon receipt of a notice
of appeal, the .Commission staff shall forward a copy of the notice
to other affected parties. As soon as possible thereafter, but in
any event within ten (10) days, a hearing before the Commission
shall be set, with each party to be afforded not fewer than twenty
(20) days notice of such hearing. Subsequent hearings on the same
appeal shall have one week's notice unless waived by the parties.
All parties may agree to waive the notice provisions and time
limits provided by this section.
19.12.
43
Y a ~, '
19.13. APPEALS--AUTHORITY OF DEPARTMENT. The exercise of
jurisdiction by the Commission over a matter does not preclude the
party from withdrawing, modifying or otherwise compromising the
matter prior to the matter going to hearing. Upon resolution of a
matter prior to hearing, any party may request the dismissal of the
matter. A stipulation signed by both parties should be submitted
to the Commission prior to such dismissal.
19.14.
19.15. SERVICE OF PROCESS--PAPERS.
19.15.1. The Commission staff shall cause to be served all
orders, notices and other papers issued by the Commission,
together with any other papers that the Commission is required
by these rules to serve. Every other paper shall be served by
the party filing the notice, document or•paper.
19.15.2. 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 papers shall be by
personal service, by registered or certified mail, or by
regular mail with written acknowledgement of such mailing
attached to the papers so served. Written acknowledgement
shall be by affidavit of the person who mailed the papers or
by certificate of any attorney or Secretary-Chief Examiner.
19.15.3. Service upon parties shall be regarded as complete
when personal service has been accomplished or served by mail
(U.S. or inter-city), upon properly stamped and addressed
deposit in the mail system.
19.15.4. Papers- required to be filed with the Commission
shall be deemed filed upon actual receipt of the papers by the
Commission staff at the Commission office. All papers except
the original appeal notice shall be served with the original
and three copies. Briefs and memoranda must .be filed with the
Commission at least three (3) days prior to any hearing
involving matters discussed in said brief or memoranda.
Documentary evidence is not required to be filed but, rather,
provided at the hearing.
19.15.5. An appellant or petitioner is responsible for
notifying the Commission in writing of any change in mailing
or street address and telephone number. Failure to so notify
the Commission shall constitute a waiver of service and notice
under these rules.
19.16.
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19.17. DISCOVERY.
19.17.1. 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 Secretary.
19.17.2. Upon the failure of any party to comply with an
order of the Secretary compelling discovery, the Secretary
shall schedule the matter before the Commission for review and
determination of appropriate sanctions.
19.18.
19.19. SUBPOENAS.
19.19.1. Every subpoena shall identify the Commission and the
title of the proceedings, if any, and shall command the person
to whom it is directed to attend, at a specified time and
place, and give testimony or produce designated books,
documents or things under that person's control.
19.19.2. Upon application of any party or his/her
representative designated in writing by the party, the
Secretary shall issue to such party subpoenas requiring the
attendance and testimony of witnesses or the production of
evidence in such proceeding. The party requesting the
subpoena is responsible for having said subpoena properly
served. Such requests for subpoenas shall be submitted to the
Commission offices at least three (3) days prior to the
hearing.'
19.19.3. Service of subpoena shall be made by serving a copy
of the subpoena on the person named therein.
19.19.4. The person serving the subpoena shall make proof of
service by filing the subpoena at the Commission office, and
if such service has not been acknowledged by the witness, the
person serving the subpoena shall make an affidavit of
service. Failure to file proof of service does not affect the
validity of service.
19.19.5. Upon a motion promptly made by a party or by the
person to whom the subpoena is directed, and upon notice to
the party on whose behalf the ,subpoena was issued, the
Commission may:
(1) Quash or modify the subpoena if it is unreasonable or
requires evidence not relevant to any matter in issue, or
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(2)
Condition denial of a motion to quash or modify upon just
and reasonable conditions.
19.20.
19.21. BURDEN OF PROOF. At any hearing on appeal from a
demotion, suspension or termination, the disciplinary authority
shall have the burden of showing that its action was in good faith
for cause. At any other hearing, the petitioner or appellant shall
have the burden of proof by a preponderance of the evidence.
19.22.
19.23. EVIDENCE.
19.23.1. Subject to other provisions of these rules, all
competent and relevant evidence shall be admissible. In
passing upon the admissibility of evidence, the Commission
shall give consideration to, but shall not be bound to follow,
the rules of evidence governing civil proceedings in the
superior courts of the State of Washington.
19.23.2. A witness in any hearing may be examined orally,
under oath or affirmation and shall be subject to cross-
examination by opposing parties and the Commission.
19.23.3. When objection is made to the admissibility of
evidence, such evidence may be received subject to a later
ruling. The Commission may exclude inadmissible 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.
19.-23.4. At any hearing .before the Commission when
documentary exhibits are to be offered into evidence, copies
shall be furnished to the opposing party, to each Commission
member and to the Secretary-Chief Examiner.
19.23.5. Parties are encouraged to stipulate to the
admissibility of documentary exhibits. To further this end,
parties will make request of other parties for such
stipulation no later than three (3) days in advance of the
hearing, barring unusual circumstances. The party of whom the
request is made shall respond no later than one (1) day prior
to the hearing.
19.23.6. An employee has the right to appear before the
Commission with or without counsel and to be heard in the
employee's defense.
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19.24.
19.25. DELIBERATION. The Commission may deliberate in closed
(executive) session when taking a disciplinary- or. other
quasijudicial case under advisement. Deliberations by the
Commission shall otherwise be subject to Chapter 42.30 RCW. No
person other than the Secretary-Chief Examiner and legal counsel to
the Commission shall be present during. deliberation. No person
shall attempt to convey any information or opinion to the
Commission .concerning any matter on appeal, other than in open
hearing.
19.26.
19.27. DECTSTON. In any appeal, .the Commission-shall issue a
decision, including findings .of fact, conclusions of law, and an
order, to each party or counsel of record for each party. A
decision shall be issued within fifteen (15) days of the close of
the hearing of an appeal or other proceeding heard only by the
Commission. Absent the ..consent of an appellant to an .extension of
time, failure to issue a decision within the time prescribed shall
result in an appeal being sustained.
19.28.
19.29. REMEDIES. The Commission may issue such remedial
orders as deemed appropriate.
29.30.
19.31. RECONSIDERATION. A party may move, for reconsideration
by the Commission only on the basis of fraud, mistake or
misconception of facts. Such motion must be filed with the
Commission within ten (10) days of the decision of the. Commission.
Such motion for reconsideration shall be decided on affidavits,
absent special showing that testimony is necessary.
19.32.
19.33. WAIVER. Upon stipulation of all parties to a
proceeding, .and upon a showing that the purposes of the rules or
ordinances of the City would be better served, the Commission may
waive the requirements of any of these rules.
RIILE SB. RETIREMENT AND DISABILITY
20..1. .RETIREMENT. Employees of the City who are members of
pension fund systems as provided by law shall be retired on account
of age/service or disability in accordance with the pertinent
provisions of law.
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20.2. REINSTATEMENT AFTER DISABILITY RETIREMENT.
20.2.1. PROCEDURE.: The Secretary shall review any report
from a retirement system showing that a former employee who is
on disability retirement has regained his or her health to the
extent employable. .Upon being satisfied that the employee is
physically and mentally competent to perform the duties of the
regular class, the Secretary shall:
(a) Order return. of the employee to former employment status
as if a leave of absence had been granted; or
(b) .Place.. the name on the reinstatement register for an
available class and department.
20.2.2. EFFECT. The name of an employee who is employable
but not fully recovered shall be placed on.the.most.advantageous
reinstatement register for the department,~for an equivalent or
lower class comprised of duties the employee is competent to
perform, as determined by the Secretary. If such an employee's
name is placed on a reinstatement register, service credit acquired
previous to retirement shall be continued. The employee shall be
reinstated from such register and transferred or reduced in grade
according to rules. Eligibility rights shall not expire as
prescribed in case of layoff. Any reinstatement in a class other
than that, in which last employed shall not result in a promotion.
20.2.3. DISCHARGE FOR CAUSE--EXCEPTION. The provisions of
this rule shall not apply in the event an employee is discharged
from the service, whether or not the employee receives a disability
retirement.
RIILE %%I. MISCELLANEOIIS
21.1. REPEALS. AND SAVINGS. All matters shall be subject to
these rules, and to that extent, all `previous Civil Service rules
are hereby repealed.
21.3. COMPUTATION .OF TIME.
21.3.1. In_computing any period of time prescribed or allowed
by these rules or by an applicable statute, .the day of the act
or event from which the designated period of time begins to
run shall not be' included. The last day of the period so
computed shall be included, unless it is a Saturday, a Sunday
or a City legal holiday, in which event the period runs until.
the end of the next day which is neither a Saturday, a Sunday,
nor a City legal holiday.
21.3.2. Any period of time except for the stated period of
time set forth in Rules 19.3 and 19.11 may be extended by the
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Secretary-Chief Examiner for no more than fourteen (14) days
upon written notice to the Commission and a showing of good
cause. The motion for extension of time must be filed with
the Commission offices prior to the running of the applicable
time period.
21.3.3. The date of notice for purpose of these rules shall
be the date on which notice of an action is posted in the
Commission's office; (a) as provided in these Rules;- (b) is
mailed or (c) delivered personally to a party to a proceeding.
APPROVED:
YELM CIVIL SERVICE COMMISSION
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