Any employee wishing to leave the City Service in good standing shall file with the appointing authority at least two weeks before leaving, a written resignation stating the date the resignation shall become effective and the reason for leaving. Failure to comply with this procedure may be considered cause for denying such employee future employment by the City. Unauthorized absence from work for a period of five consecutive days may be considered by the appointing authority as a voluntary resignation, not in good standing. On all resignations, department heads shall forward notices thereof on the prescribed form to the Human Resources Director within 24 hours after receipt.
(Ord. 16383, 1959-06-29; amended pursuant to Charter § 6.14, 1971-10-18; amended pursuant to Charter § 6.14, 1980-01-29; Ord. 28283 Ex. A, 2015-02-24)
A. 
The appointing authority may lay off any employee in the City Service whenever such action is made necessary by reason of shortage of work or funds, the abolition of a position because of changes in organization, or other reasons outside the employee's control, which do not reflect discredit on the services of the employee; however, no permanent or probationary employee shall be laid off while there are temporary employees serving in the same department and in the same class or position for which the permanent or probationary employee is eligible and available.
B. 
Layoff of probationary or permanent employees shall be made in inverse order of seniority in the class of work in the department involved. Where seniority does not establish a definite seniority differential, the order of layoff shall be determined by the relative standing on the eligible list from which appointed. A permanent or probationary employee, holding their position by virtue of promotional appointment, may request demotion to a position in the class from which they were promoted in lieu of layoff. No employee so demoted shall displace a permanent or probationary employee except in order of seniority as determined in these Rules.
C. 
The names of permanent or probationary employees laid off or demoted in lieu of layoff shall be placed at the top of the eligible list in order of seniority for City-wide consideration for the specific classification from which the layoff took place. Laid off employees shall be eligible for reemployment for a period of two years from the actual date of layoff, except as provided herein.
D. 
In the event that any department within the City has a permanent vacancy in a classification for which the names of laid off employees are available, the person with the greatest seniority in that classification will be offered the position and will have three days from the date the offer is tendered to accept an offer of reinstatement. A laid off employee may waive three opportunities for reemployment, after which their name will be removed from the list.
E. 
Laid off employees who are rehired shall serve a probationary period of six months unless rehired into the same department from which they were laid off. Employees rehired into probationary status shall not be considered regular employees for any purpose for the duration of their probationary period.
F. 
In the event an employee fails probation for any reason other than misconduct during the reemployment probationary period, the name of the employee shall be reinstated at the bottom of the reemployment eligible list for the remainder of their two years’ eligibility.
G. 
An employee who fails a reemployment probationary period and who is reinstated to the reemployment eligible list shall have no right to a vacancy in the department where they failed probation.
H. 
Any interruption of employment not in excess of 15 calendar days because of adverse weather conditions, shortage of materials or equipment or for other unexpected or unusual reasons shall not be considered a layoff.
(Ord. 16383, 1959-06-29; amended pursuant to Charter § 6.14, 1971-10-18; amended pursuant to Charter § 6.14, 1980-01-29; Ord. 26886 § 16, 2001-12-04; Ord. 28283 Ex. A, 2015-02-24)
Any permanent or probationary employee may, for reasons of pregnancy, request separation from the City Service through layoff. The name of such employee shall be placed on the reemployment list for the class and department and the eligible list for the class in accordance with the provisions of Section 1.24.900. The name of such employee shall not be considered for reemployment or appointment until such time as the employee submits in writing to the Human Resources Director notification of the availability for employment.
(Ord. 16383, 1959-06-09; amended pursuant to Charter § 6.14, 1980-01-29; Ord. 28283 Ex. A, 2015-02-24)
Seniority for the purposes of layoff, demotion in lieu of layoff, and reemployment shall be the length of continuous services with the City in the specific class involved and in all higher classes to which the employee has been promoted or appointed. Employees who are transferred as part of a reorganization shall carry their seniority from their previous department to the department to which they are transferred.
(Ord. 16383, 1959-06-29; amended pursuant to Charter § 6.14, 1971-10-18; amended pursuant to Charter § 6.14, 1980-01-29; Ord. 24876 § 1, 1991-04-02; Ord. 25289, 1993-04-06)
The appointing authority may suspend a permanent employee without pay for disciplinary reasons including but not limited to those set forth in Rule 1.24.940. All suspensions shall be subject to review and approval by the City Manager or the Director of Utilities. A written statement of the reason for the suspension shall be submitted to the Human Resources Director and to the employee affected in each case, within five business days of the time the suspension becomes effective.
Suspensions of 22 working days or less may be subject to review and recommendation to the proper officials by the Civil Service Board, upon request of the affected employee.
Any suspension in excess of 22 working days may be appealed to the Civil Service Board. The Board shall hear such appeals and issue a decision which shall be final and binding on all parties.
No seniority shall be acquired during the approved period of suspension, except as provided in Section 1.24.085.
(Ord. 16383, 1959-06-29; amended pursuant to Charter § 6.14, 1971-10-18; Ord. 23040 § 4, 1983-11-22; Ord. 28283 Ex. A, 2015-02-24)
Any permanent employee may be disciplined for cause by an appointing authority, with the approval of the City Manager or the Director of Utilities, as the case may be, but a written statement of reasons for the discipline and the effective date shall be submitted within five business days to the Human Resources Director and a copy thereof personally delivered to or sent by certified mail to the employee affected at their last known address.
Although discipline may be based upon other causes, any one or more of the following shall be sufficient:
A. 
Conviction of a felony or a misdemeanor involving moral turpitude the nature of which demonstrates lack of fitness for the position held.
B. 
Willful violation of any of the provisions of the Charter, the Ethics Code, or these Rules.
C. 
Willful violation of any lawful and reasonable regulation, order or direction made or given by a superior officer where such violation has amounted to insubordination or serious breach of proper discipline or has resulted in loss or injury to the public.
D. 
Intoxication or drinking intoxicating liquor while on duty, or being addicted to the use of narcotics.
E. 
Incompetency or inefficiency in the performance of duties of the position to which they are appointed.
F. 
Wantonly offensive conduct or language toward the public or fellow officers or employees.
G. 
Carelessness or negligence in the use of the property of the City.
H. 
Failure to comply with the lawful provisions of any approved collective bargaining agreements.
I. 
Aiding in assessment or collection from any officer or employee in the City Service for the purpose of securing the nomination or election of any person to municipal office or for the purpose of making a gift to any elective officer or superior officer in the City’s employ.
J. 
An attempt to induce any officer or employee of the City to commit an illegal act or act in violation of any lawful or reasonable department regulation.
K. 
The taking or receiving of any fee, gift or other valuable thing in the course of their work or in connection with it for their personal gain from any person when such fee or gift is given by such person in the hope or expectation of receiving a favor or better treatment than that accorded to other persons.
L. 
Conduct unbecoming an officer or employee of the City, either while on or off duty.
M. 
Employment in gainful occupation in addition to regular City Service duties where such outside occupation substantially impairs their job performance.
N. 
Willful and wanton brutality or cruelty to a prisoner or one under arrest or sentence, provided the act committed was not necessarily and lawfully done in self-defense or to protect the lives of others or to prevent escape of a person lawfully in custody.
O. 
Absence without leave, including failure to report for employment on time without just cause.
(Ord. 16383, 1959-06-29; amended pursuant to Charter § 6.14, 1971-10-18; amended pursuant to Charter § 6.14, 1980-01-29; Ord. 25504 § 1, 1994-05-24; Ord. 28283 Ex. A, 2015-02-24)
Any permanent employee in the Classified City Service who is aggrieved may submit written appeal to the Civil Service Board in case of suspension for more than 30 days, dismissal or disciplinary reduction in rank or pay, or from any and all other matters arising out of or in connection with the Civil Service and Personnel Rules. Such employee shall file a written appeal within 10 working days following the date of written notice of suspension, dismissal or the date of reduction in rank or pay. Appeals from any and all other matters arising out of or in connection with the Civil Service and Personnel Rules shall be submitted within such time limits as may be designated in other sections of these Rules. Any appeal submitted to the Board shall be in the form of a concise statement giving the reasons for the appeal. The Board shall dismiss any appeal, or portions of an appeal, which has been filed with a city, state or federal agency or court having authority to order a remedy in the case.
The Civil Service Board shall hear and/or investigate appeals with reasonable dispatch and shall give the appointing authority and the affected employee equal opportunity to be heard. Each party shall have an opportunity to call witnesses and present evidence. The hearing shall be held at such times and in such manners as may be determined by the Board. The appointing authority and the affected employee may be represented by counsel or designated representative and the Board shall at such hearings have the power of subpoena and require the attendance of witnesses and the production thereby of books, papers and records pertinent thereto and to administer oaths to such witnesses. The Board shall submit a written report to the City Manager or Director of Utilities in which it shall report its findings and decisions. Such findings and decisions shall be final and binding on all parties concerned. (See also Section 1.24.820)
(Ord. 16383, 1959-06-29; amended pursuant to Charter § 6.14, 1971-10-18; amended pursuant to Charter § 6.14, 1980-01-29; Ord. 28283 Ex. A, 2015-02-24)
A. 
A subpoena issued by the Civil Service Board may be served by any person 18 years of age or over, competent to be a witness, but who is not a party to the matter in which the subpoena is issued.
B. 
Each witness subpoenaed by the Civil Service Board as a witness shall be allowed the same fees and mileage as provided by law to be paid witnesses in courts of record in this state.
C. 
If a person fails to obey a subpoena issued by the Civil Service Board in an adjudicative proceeding, or obeys the subpoena but refuses to testify or produce documents when requested concerning a matter under examination, the Civil Service Board may petition the Tacoma Municipal Court for enforcement of the subpoena. The petition shall be accompanied by a copy of the subpoena and proof of service, shall set forth in what specific manner the subpoena has not been complied with, and shall request an order of the court to compel compliance. Upon such petition, the court shall enter an order directing the person to appear before the court at a time and place fixed in the order to show cause why the person has not obeyed the subpoena or has refused to testify or produce documents. A copy of the court’s show cause order shall be served upon the person. If it appears to the court that the subpoena was properly issued, and that the particular questions the person refused to answer or the requests for production of documents were reasonable and relevant, the court shall enter an order that the person appear before the Civil Service Board at the time and place fixed in the order and testify or produce the required documents, and on failing to obey this order the person shall be dealt with as for contempt of court.
(Ord. 26190 § 1, 1998-01-27)
A. 
The following steps shall be completed by the appointing authority prior to making a final decision to dismiss, suspend, or reduce in rank or pay for disciplinary reasons a permanent employee in the Classified City Service, except when the appointing authority deems immediate removal necessary in order to maintain the safety of the community, co-workers, or the reputation, morale or harmony of the organization. The employee must, at a minimum, be:
1. 
Given advance notice of the proposed action which includes a statement of the reasons for the action;
2. 
Provided with a copy of the proposed charges and, if practical, a copy of the materials or documents upon which the charges are based;
3. 
Prior to the proposed disciplinary action, the employee or designated representative has the right to respond either orally or in writing to the authority imposing discipline.
B. 
If the appointing authority believes a situation exists requiring the immediate termination or suspension of an employee, the appointing authority should carefully document the reasons for such a decision. Such documentation should indicate that the employee's continued presence at the work site could have detrimental consequences or cause public harm. The appointing authority should utilize the predisciplinary procedure to the extent that such utilization is reasonable under the circumstances. In such a situation, the employee may be suspended with pay until the process is completed and a decision reached regarding the potential disciplinary action. In such situations, as described above, the City Attorney and Personnel/Labor Relations Director shall be contacted as soon as possible.
(Added pursuant to Charter § 6.14, 1980-01-29; Ord. 24378 § 3, 1989-07-05; Ord. 28283 Ex. A, 2015-02-24)
Whenever any person entitled to certification for employment under the Charter of the City of Tacoma and under the Personnel Rules is deprived of a position to which they are entitled under the provisions of the Charter and the Personnel Rules for any reason whatsoever, they shall file with the Human Resources Director and with the Civil Service Board on a form to be provided by the Human Resources Director, a claim in writing for such position. The Civil Service Board shall have 10 days to investigate and pass upon said claim and if it finds that said person is entitled to said position it shall forthwith certify said fact to the Human Resources Director and to the appointing authority, who shall forthwith appoint such person to such position. Such person shall not be entitled to any claim for salary from the City for the period prior to the date of filing of such claim.
(Ord. 16383, 1959-06-29; amended pursuant to Charter § 6.14, 1980-01-29; Ord. 28283 Ex. A, 2015-02-24)