As used in this chapter, the words and terms set forth in this section are given the following definitions:
A. 
“Appointing authority”
includes every person or group of persons who, acting singly or in conjunction, as a mayor, mayor’s designee, council, or otherwise, is invested with power and authority to select, appoint, or employ any person to hold any office, place, position or employment subject to civil service.
B. 
“Appointment”
includes all means of selection, appointing or employing any person to hold any office, place, position or employment subject to civil service.
C. 
“Commission”
means the civil service commission created in this chapter, and “commissioner” means any one of the three commissioners appointed to that commission.
D. 
“City”
means the city of Poulsbo.
E. 
“Full-time police personnel”
means employees of the police department who devote their whole time to law enforcement duties, on a year-round basis pursuant to a full-time schedule of work.
(Ord. 84-49 § 1, 1984; Ord. 2002-21 § 2, 2002)
The civil service commission shall meet the first Monday of each month at three p.m. in the City Hall. In the event that any regular meeting date falls upon a city holiday, the meeting shall be conducted on the next regular business day unless a special meeting date is set in advance. Special meetings may be scheduled and conducted by giving notice in accord with the State Open Public Meetings Act. If a commissioner has three or more successive unexcused absences from any regular or special meetings of the commission, the mayor, upon the recommendation of the commission, may remove said commissioner from office.
(Ord. 85-13 § 5, 1985; Ord. 87-23 § 1, 1987; Ord. 87-50 § 1, 1987; Ord. 89-09 § 1, 1989; Ord. 93-07 § 1, 1993; Ord. 2002-31 § 1, 2002; Ord. 2005-14 § 1, 2005; Ord. 2009-15 § 1, 2009)
A. 
There is created in the city a civil service commission which is composed of three persons.
B. 
The members of the commission shall be appointed by the mayor; provided, that the members of the civil service commission constituted pursuant to the Poulsbo city ordinances repealed by Section 15 of Ordinance 84-57 shall be the initial commissioners of the newly created civil service commission and shall continue in office until the term of their current appointment expires. Confirmation of the appointment or appointments of commissioners by the city council shall be required.
C. 
The members of the commission shall serve without compensation.
D. 
No person shall be appointed a member of the commission who is not a citizen of the United States, a resident of the city for at least three years immediately preceding the appointment, and an elector of the county wherein he resides.
E. 
Except for the initial commission, the term of office of the commissioners shall be six years.
F. 
Any member of the commission may be removed from office for incompetency, incompatibility or dereliction of duty, or malfeasance in office, or other good cause; provided, however, that no member of the commission shall be removed until charges have been preferred, in writing, due notice and a full hearing held.
G. 
The members of the commission shall devote due time and attention to the performance of the duties specified in this chapter and imposed upon them by this chapter.
H. 
Two members of the commission shall constitute a quorum and the votes of any two members of the commission concurring shall be sufficient for the decision of all matters and the transaction of all business to be decided or transacted by the commission under or by virtue of the provisions of this chapter.
(Ord. 84-49 § 2, 1984)
A. 
Immediately after appointment, the commission shall organize by electing one of its members chairperson and shall hold regular meetings at least once a month, and such additional meetings as may be required for the proper discharge of its duties. It shall be the duty of the civil service commission to the extent necessary to ensure that the provisions of this chapter are carried out:
1. 
To make suitable rules and regulations to implement this chapter which are not inconsistent with the provisions thereof. Such rules and regulations shall provide in detail the manner in which examinations may be held, and how appointments, promotions, transfers, reinstatements, demotions, suspensions and discharges shall be made and may also provide for any other matters connected with the general subject of personnel administration and which may be considered desirable to carry out the purposes of this chapter or which may be found to be in the interest of good personnel administration. The rules and regulations and any amendments thereof shall be copied. 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. Such rules and regulations may be changed from time to time. Pending adoption of new rules under this chapter, the current civil service rules shall remain in effect to the extent not inconsistent with this chapter;
2. 
To ensure that all tests are practical and consist only of subjects which will fairly determine the capacity of persons examined to perform duties of the position to which appointment is to be made, and may include tests of physical fitness and/or manual skill;
3. 
To ensure that the rules and regulations adopted by the commission provide for veteran’s preference credit in favor of all applicants for employment under civil service, entitled to such credit pursuant to Chapters 41.04 and 41.12 RCW, as they now exist or are hereafter amended. These credits shall apply to entrance examinations only;
4. 
To make investigations concerning and report upon all matters touching the enforcement and effect of the provisions of this chapter, and the rules and regulations prescribed hereunder; inspect all institutions, departments, offices, places, positions and employments affected by this chapter, and ascertain whether this chapter and all such rules and regulations are being obeyed;
5. 
To make such investigations by the entire commission or by any commissioner designated by the commission for that purpose. Not only must these investigations be made by the commission as aforesaid, but the commission must make like investigation on petition of a citizen, duly verified, stating that irregularities or abuses exist, or setting forth in concise language, in writing, the necessity for such investigation. In the course of such investigation, the commission or designated commissioner, or chief examiner, shall have the power to administer oaths, subpoena witnesses and the production by them of books, papers, documents and accounts appertaining to the investigation and also to cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the superior court; and the failure upon the part of any person so subpoenaed to comply with the provisions of this section shall be deemed a violation of this chapter and punishable as such;
6. 
To ensure that all hearings and investigations before the commission, or designated commissioner, or chief examiner, are governed by this chapter and by rules of practice and procedure to be adopted by the commission, and in the conduct thereof neither the commission, nor designated commissioner shall be bound by the technical rules of evidence. No informality in any proceedings or hearing, or in the manner of taking testimony before the commission or designated commissioner, shall invalidate any order, decision, rule or regulation made, approved or confirmed by the commission; provided, however, that no order, decision, rule or regulation made by any designated commissioner conducting any hearing or investigation alone shall be of any force or effect whatsoever unless and until concurred in by at least one of the other two members;
7. 
To hear and determine appeals or complaints respecting the administrative work of the personnel department related to the commission’s duties, the rejection of any examination and such other matters as may be referred to the commission pursuant to the duties outlined in subsection (A)(1) of this section;
8. 
To establish and maintain in card or other suitable form a roster of employees covered by civil service;
9. 
To provide for, formulate, or cause to be formulated, and hold competitive tests to determine the relative qualifications of persons who seek employment in any class or position and, as a result thereof, establish eligible lists for the various classes of positions as established by the city;
10. 
When a vacant position is to be filled, to certify to the appointing authority, on written request, the name of the three persons highest on the eligible list for the class. The commission shall make provision in its rules for provisional or temporary appointments to be utilized when there is no such eligible list applicable to the vacant position, or which may be utilized at the discretion of the appointing authority when there are less than three names of the eligibility list applicable to the vacant position. Such temporary or provisional appointment shall not exceed a period of six months in duration but may be extended for up to an additional six months if for any reason it cannot be determined at the expiration of the initial appointment that the position being filled by temporary or provisional appointment will in fact continue to be vacant, such as in the instance of a position vacant due to an officer on disability leave under the LEOFF Act, or for other good cause which in the discretion of the commission warrants an additional extension of such a provisional or temporary appointment;
11. 
To keep such records as may be necessary for the proper administration of this chapter.
B. 
The commission shall appoint a person to hold the position of secretary and chief examiner. The duties of the secretary and chief examiner shall be to keep the record of the commission, preserve all reports made to it, superintend and keep a record of all examinations held under its direction, and perform such other duties as the commission may prescribe. The commission may provide for the compensation of such person in an amount commensurate with the time and responsibility involved.
(Ord. 84-49 § 3, 1984; Ord. 90-20 §§ 1, 2, 1990; Ord. 2002-21 § 3, 2002)
The examination and eligibility provisions of this chapter and establishment of positions covered by civil service by the provisions of this chapter shall be effective for all appointments made after October 31, 1984, the effective date of the ordinance codified in this chapter.
(Ord. 84-49 § 14, 1984)
The provisions of this chapter shall apply to all full-time police personnel of the city except as provided herein.
A. 
The position of police chief shall be exempt from civil service coverage. The police chief shall have the authority to exclude an additional number of positions, to be designated the unclassified service. The number of such persons who may be designated shall be determined in accordance with the provisions of RCW 41.12.050.
B. 
The unclassified positions authorized above may only include selections from the following positions up to the limit of the number of positions authorized: assistant chief, deputy chief, bureau commander, and administrative assistant or administrative secretary. The positions referenced herein are those contained in RCW 41.12.050 and have been included for administrative convenience. Nothing herein shall be interpreted to authorize the creation of such positions until requested by the appointing authority and duly funded by the city council.
C. 
The selection of specific positions to be in the unclassified service and exempt from civil service shall be made by the police chief, who shall notify the civil service commission of his or her selection. Subsequent changes in the designation of which positions are in the unclassified service may be made only with the concurrence of the police chief, the mayor, and the civil service commission, and then only after the civil service commission has heard the issue in an open meeting.
D. 
If a position initially selected by the police chief to be in the unclassified service is in the classified civil service at the time of selection, and if the position is occupied, the employee occupying the position has the right to return to the next highest position or like position in the classified civil service.
E. 
All appointments to and promotions in the department shall be made solely on merit, efficiency and fitness except as specifically provided in RCW 35.13.360 through 35.13.400, which shall be ascertained by open, competitive examination and impartial investigation. No person in the unclassified service shall be reinstated in or transferred, suspended or discharged from any such place, position, or employment, contrary to the provisions of this chapter.
(Ord. 84-49 § 4, 1984; Ord. 86-61 §§ 1, 2, 1986; Ord. 89-08 § 1, 1989; Ord. 92-31 § 1, 1992; Ord. 2002-21 § 4, 2002; Ord. 2007-16 § 1, 2007)
For the benefit of the public service and to prevent delay, injury or interruption therein by reason of the enactment of the ordinance codified in this chapter, all persons having completed probation in the police department prior to the effective date of city of Poulsbo Ordinance No. 84-49 are declared to have been permanently appointed under civil service to the offices, places, positions or employments which they then held, respectively, and not on probation; and every such person is declared to have been automatically adopted and inducted permanently into civil service, into such office, place, position or employment which such person then held, even though that office, place, position or employment is not subject to the civil service requirements of this chapter.
(Ord. 84-49 § 5, 1984; Ord. 2002-21 § 5, 2002)
An applicant for a position of any kind under civil service must be a citizen of the United States of America who can read and write the English language. An applicant for a position of any kind under civil service must be of an age suitable for the position applied for, in ordinary good health, of good moral character and of temperate and industrious habits; these facts to be ascertained in such manner as the commission may deem advisable.
(Ord. 84-49 § 6, 1984)
The tenure of everyone holding an office, place, position or employment under the provisions of this chapter shall be only during good behavior and any such person may be removed or discharged, suspended without pay, demoted, or reduced in rank, or deprived of vacation privileges or other special privileges for any of the reasons described in the civil service rules.
(Ord. 84-49 § 7, 1984; Ord. 90-20 § 3, 1990)
A. 
No person in the classified civil service who has been permanently appointed or inducted into civil service under the provisions of this chapter shall be removed, suspended, demoted or discharged except for cause, and only upon written accusation of the appointing authority or any citizen or taxpayer; a written statement of which accusation, in general terms, shall be served upon the accused, and a duplicate filed with the commission.
B. 
Any person so removed, suspended, demoted or discharged may, within ten days from the date of his removal, suspension, demotion or discharge, file with the commission a written demand for an investigation, whereupon the commission shall conduct such investigation. The investigation shall be confined to the determination of the question of whether such removal, suspension, demotion or discharge was or was not made for political or religious reasons, and was or was not made in good faith for cause.
C. 
After such investigation, the commission may affirm the removal, suspension, demotion or discharge or if it finds that the removal, suspension, demotion or discharge was made for political or religious reasons, or was not made in good faith for cause, shall order the immediate reinstatement or reemployment of such person in the office, place, position or employment from which such person was removed, suspended, demoted or discharged; which reinstatement shall, if the commission so provides in its discretion, be retroactive, and entitle such person to pay or compensation from the time of such removal, suspension, demotion or discharge. The commission, upon such investigation in lieu of affirming the removal, suspension, demotion or discharge, may order that such action that it deems appropriate be taken in lieu of removal, suspension, demotion or discharge. The findings of the commission shall be certified in writing to the appointing power, and shall be enforced by such officer.
D. 
All investigations made by the commission pursuant to the provisions of this section shall be had by public hearing, after reasonable notice to the accused of the time and place of such hearing, at which hearing the accused shall be afforded an opportunity of appearing in person and by counsel, and presenting his/her defense.
E. 
The accused may appeal from the commission’s judgment or order to the court of original and unlimited jurisdiction in civil suits of the county wherein he/she resides. Such appeal shall be taken by serving the commission, within thirty days after the entry of the commission’s judgment or order, a written notice of appeal, stating the grounds thereof, and demanding that a certified transcript of the record and all papers on file in the office of the commission affecting or relating to such judgment or order be filed by the commission with such court. The commission shall, within ten days after the filing of such notice, make, certify and file such transcript with such court. The court of original and unlimited jurisdiction in civil suits shall proceed to hear and determine such appeal in a summary manner; provided, however, that such hearing shall be confined to the determination of whether the judgment or order made by the commission was or was not made in good faith for cause, and no appeal to such court shall be taken except upon such ground or grounds.
(Ord. 84-49 § 8, 1984)
A. 
Whenever a position in the classified service becomes vacant, the appointing authority, if it desires to fill the vacancy, shall make requisition upon the commission for the names and addresses of the persons eligible for appointment thereto.
B. 
The commission shall certify the names of the three persons highest on the eligibility list for the class to which the vacant position is allocated, or willing to accept appointment. If there is no eligibility list for the class, the commission shall either establish such a list as otherwise provided in this chapter or otherwise determine what list shall be deemed appropriate for such class. The commission shall then certify the names of the three persons standing highest on the list. If more than one vacancy is to be filled, an additional name shall be certified for each additional vacancy. The commission may in its discretion adopt rules to provide for situations in which there are less than three names available for appointment to the eligibility list or fewer candidates than are required to provide the number of names specified by those rules; provided, however, that such rules shall preserve the right of the appointing authority to exercise its right as provided in subsection D of this section to either appoint from the list or elect to fill the vacancy by temporary appointment until such time as the eligibility list contains the name of at least three available eligibles or the minimum number required under these rules.
C. 
Whenever requisition is to be made, or whenever a position is held by a temporary appointee and an eligible list for the class of such position containing the names of at least three eligibles exists, the commission shall certify the names of the top three persons eligible for appointment to the appointing power, and the appointing power shall appoint one person so certified, provided they are found to in fact be qualified, to the position.
D. 
If there is an eligible list for the class which contains the names of less than three eligibles, the appointing authority may, upon being notified of such fact, elect to fill the vacancy by temporary appointment until the eligible list contains the names of at least three eligibles. The civil service commission may provide in its rules for expiration of an eligible list when the number of names on such list has been reduced to less than three, or may provide for a method of supplementing the list with additional eligibles who have been tested in the same manner as those on the list.
E. 
To enable the appointing authority to exercise a choice in the filling of positions, no appointment, employment or promotion in any position in the classified service shall be deemed complete until after the expiration of a period of one year probationary service, as shall be provided in the rules of the civil service commission during which the appointing power may terminate the employment of the person certified to him/her. If during the performance test thus afforded, upon observation or consideration of the performance of duty, the appointing authority deems him/her unfit or unsatisfactory for service in the department, the appointing authority shall designate one of the persons certified as standing within the next three persons highest on any such list. Such persons shall likewise enter upon the duties until some person is found who is deemed fit for appointment, employment or promotion for the probationary period provided therefor, whereupon the appointment, employment or promotion shall be deemed to be complete.
F. 
The commission shall provide a procedure in its rules for extending probations for up to an additional six months if requested by the appointing authority, and when such extension is determined to be warranted in the discretion of the commission.
(Ord. 84-49 § 9, 1984; Ord. 93-11 § 1, 1993)
All offices, places, classifications, job descriptions, positions and employments coming within the purview of this chapter shall be created by the mayor and city council or mayor alone or whomever the mayor delegates to take such action, and nothing contained in this chapter shall infringe upon the power and authority of any such person or group of persons, or appointing authority, to fix the salaries and compensation of all employees employed hereunder.
(Ord. 84-49 § 10, 1984; Ord. 90-20 § 4, 1990)
It shall be the duty of the commission to begin and conduct all civil suits which may be necessary for the proper enforcement of this chapter and of the rules of the commission. The commission shall be represented in such suits by the chief legal officer of the city, or his/her designee, but the commission may in any case be represented by special counsel appointed by it.
(Ord. 84-49 § 11, 1984)
No commissioner or any other person shall, by himself or in cooperation with one or more persons, defeat, deceive, or obstruct any person in respect of his right of examination or registration according to the rules and regulations of this chapter, or falsely mark, grade, estimate or report upon the examination or proper standing of any person examined, registered or certified pursuant to the provisions of this chapter, or aid in so doing, or make any false representation concerning the same, or concerning the person examined, or furnish any person any special or secret information for the purpose of improving or injuring the prospects or chances of any person so examined, registered or certified, or to be examined, registered or certified or persuade any other person, or permit or aid in any manner any other person to personate him, in connection with any examination or registration of application or request to be examined or registered.
(Ord. 84-49 § 12, 1984)
Any person who wilfully violates any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than five thousand dollars or by imprisonment in jail for not longer than one year, or by both such fine and imprisonment.
(Ord. 84-49 § 13, 1984)