In accordance with the provisions of Chapter 41.12 RCW, there is created a civil service commission to exercise the powers and to perform the duties established by such state law in connection with the selection, appointment and employment of police in the city.
(Ord. 586 § 1, 1968)
The general purpose of this chapter is to establish for both the police and fire departments of the city a system of personnel administration based on merit principles and governing the appointment, promotion, transfer, layoff, removal, discipline and welfare of its employees, and other incidents of employment.
(Ord. 714 § 1, 1978; Ord. 880 § 1, 1988)
The following terms, wherever used in this chapter, shall be construed as follows:
(a) 
"Appointment"
includes any means of selecting, appointing or employing any person to any office, place, position, or employment of civil service for the police and fire departments.
(b) 
"Appointing power or authority"
means the official officer or person, board or committee, who is empowered to make appointments for employment in the civil service for the police and fire departments.
(c) 
"Commission" means the civil service commission created by FMC § 2.56.010 and "commissioner" means any of the three members of such commission.
(d) 
"Employee"
means all personnel regularly employed in the police department on a full-time basis; and all firefighters employed in the fire department on a full-time basis, except any fire chief appointed after July 1, 1987.
(e) 
"City"
means the city of Fircrest, Washington.
(Ord. 714 § 2, 1978; Ord. 880 § 2, 1988; Ord. 1081 § 1, 1994)
The commission members shall be appointed in the following manner:
(a) 
All members shall be appointed by the city manager with the approval of the majority of the city council.
(b) 
The members of such commission shall serve without compensation. No person shall be appointed a member of such commission who is not a citizen of the United States, a resident of the city for at least three years immediately preceding such appointment, and an elector of Pierce County. The term of office of the commissioners shall be for six years or until a successor is selected and qualified. Any member of the commission may be removed from office for incompetence, incompatibility, or dereliction of duty, or malfeasance of office, or other good cause; provided, that no member of the commission shall be removed until charges have been preferred, in writing, due notice, and a full hearing held before the city council. Any vacancy in the commission shall be filled in the same manner as provided for selecting the commissioner previously filling the vacancy. Two members of the commission shall constitute a quorum and the votes of any two members concurring shall be sufficient for the decision of all matters and the transaction of all business to be decided by the commission. No member of the civil service commission shall hold any salaried public office or engage in employment for the city, other than his or her commission duties. At the time of any appointment, not more than two commissioners shall be adherents of the same political party.
(Ord. 714 § 3, 1978; Ord. 1389 § 23, 2005)
Immediately after appointment, the commission shall organize by electing one of its members chairman 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. All meetings of the commission shall be open to the public.
It shall appoint a chief examiner, who shall serve as secretary of the commission, and such assistants as may be necessary. The chief examiner shall keep the records for 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 chief examiner shall be appointed as a result of competitive examination, which examination may be either original and open to all properly qualified citizens of the city or promotional and limited to persons already in the service of the city. The chief examiner shall 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.
A pay and classification plan with job descriptions providing equal pay for equal work shall be devised by the chief examiner with the cooperation and approval of the civil service commission which shall be submitted in ordinance form to the city council for passage.
(Ord. 714 § 4, 1978)
It shall be the duty of the civil service commission:
(a) 
To make suitable rules and regulations not inconsistent with the provisions hereof. Such rules and regulations shall provide in detail the manner in which examinations may be held, and 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 further carry out the general 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 printed, mimeographed, or multigraphed for free public distribution. Such rules and regulations may be changed from time to time. Prior to adoption of new rules or changes in existing rules, all interested parties shall be given an opportunity to express opinions concerning the proposed rules at the regular public meetings of the commission;
(b) 
To give practical tests which shall 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. Such tests shall include tests of physical fitness and manual skill, and written and oral examinations;
(c) 
To make investigations and report upon all matters concerning the enforcement and effect of the provisions of this chapter, and the rules and regulations prescribed hereunder; to inspect all offices, positions, and employments affected by this chapter and ascertain whether this chapter and all such rules and regulations are being obeyed. Such investigations may be made by the commission or by any commissioner designated by the commission for that purpose. Not only must these investigations be made by the commission as required in this subsection, but the commission must make like investigation on petition of any citizen, duly verified, stating that irregularities or abuses exist, and setting forth in concise language, in writing, the necessity for such investigation. In the course of such investigation, the commission, or the chairman or chief examiner, when authorized by a majority vote of the commission, may issue subpoenas to compel the attendance of witnesses at such place as may be designated in this city and the production of books and papers pertinent to any inquiry or investigation authorized by this chapter, or may take depositions of witnesses. Subpoenas shall also be issued at the request of the parties to the proceedings other than the commission and the chairman. The commission or any member thereof, or the chief examiner, when authorized by the commission, may administer oaths and take testimony. The commission or the chief examiner may examine such public records as they require in relation to any matter which they have authority to investigate;
(d) 
To conduct hearings and investigations in accordance with this chapter and by the rules of practice and procedure adopted by the commission, and in the conduct thereof, neither the commission nor designated commissioner shall be bound by technical rules of evidence. No informality in any proceeding or hearing, or in the manner of taking testimony before the commission or designated commissioner, shall invalidate any order, decision, rule, or regulation made, or confirmed by the commission; provided, 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;
(e) 
To hear and determine appeals or complaints respecting the allocation of positions, the rejection of an examinee, and such other matters as may be referred to the commission;
(f) 
To provide for, formulate, and hold competitive tests to determine the relative qualifications of persons who seek employment in any class or position, and provide that persons laid off because of curtailment of expenditures, reduction in force, and for like causes, head the list in the order of their seniority, to the end that they shall be the first to be re-employed;
(g) 
To certify to the appointing authority, when a vacant position is to be filled, on written request, the names of the three persons highest on the eligibility list for the class. Any one of the three persons so certified may be appointed. If there is no such list, to authorize a provisional or temporary appointment list for such class. Such temporary provisional appointment shall not continue for a period longer than three months, nor shall any person receive more than one provisional appointment or serve more than three months as provisional appointee in any one fiscal year;
(h) 
To keep such records as may be necessary for the proper administration of this chapter.
(Ord. 714 § 5, 1978)
The classified civil service of the police and fire departments and provisions of this chapter shall be applicable to and shall include all personnel regularly employed by the police department on a full-time basis; and all firefighters employed on a full-time basis, except any fire chief appointed after July 1, 1987.
(Ord. 714 § 6, 1978; Ord. 880 § 3, 1988; Ord. 1081 § 2, 1994)
All appointments to and promotions to positions in the classified civil service for the police department of the city shall be made solely on merit, efficiency and fitness, which shall be ascertained by open competitive examination and impartial investigation. No person in such classified civil 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. 714 § 7, 1978)
For the benefit of the public service and to prevent delay, injury, or interruption therein by reason of the enactment of this chapter, all persons holding a position which is deemed classified under FMC § 2.56.070 for a continuous period of six months prior to the effective date of the ordinance codified in this chapter and still currently employed, are eligible for permanent appointment under civil service to the offices or employment which they then held without examination or other act on their part, and not on probation; and every such person is automatically accepted and inducted permanently into civil service, into the office or employment which he then held as completely and effectually to all intents and purposes as if such person had been permanently appointed thereto under civil service after examination and investigation. The seniority of any such person shall automatically date back to the commencement of his most recent employment as a full-time regular employee.
(Ord. 714 § 8, 1978)
The tenure of every person 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, for any of the following reasons:
(a) 
Incompetency, inefficiency, or inattention to, or dereliction of duty;
(b) 
Dishonesty, intemperance, immoral conduct, insubordination, discourteous treatment of the public, or a fellow employee, or any other act of omission or commission tending to injure the public service; or any other wilful failure on the part of the employee to properly conduct himself; or any wilful violation of the provisions of this chapter or of the rules and regulations to be adopted under this chapter;
(c) 
Mental or physical unfitness for the position which the employee holds;
(d) 
Dishonest, disgraceful or prejudicial conduct;
(e) 
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;
(f) 
Conviction of a felony, or a misdemeanor involving moral turpitude;
(g) 
Any other act or failure to act which in the judgment of the commission is sufficient to show the offender to be an unsuitable and unfit person to be employed in the public service.
(Ord. 714 § 9, 1978)
No person in the classified civil service who has been permanently appointed or inducted into civil service under provisions of this chapter shall be removed, suspended, or demoted except for cause, and only upon written accusation of the appointing power 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. Any person so removed, suspended, or demoted may, within 10 days from the time of his removal, suspension, or demotion, 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 the removal, suspension, or demotion was made in good faith for cause. After such investigation the commission may affirm the removal, or if it finds that removal, suspension or demotion was not made in good faith for cause, the commission shall order the immediate reinstatement or re-employment of such person in the office, place, position, or employment from which he was removed, suspended, or demoted, which reinstatement shall, if the commission so provides, be retroactive, and entitle such person to pay or compensation from the time of the removal, suspension, or demotion. The commission, upon such investigation, in lieu of affirming a removal, may modify the order by directing a suspension without pay for a given period, and subsequent restoration to duty, or demotion in classification, grade, or pay. The findings of the commission shall be certified, in writing, to the appointing power, and shall be forthwith enforced by such officer.
All investigations made by the commission pursuant to this section shall be by public hearing, after reasonable notice to the accused of the time and place thereof, at which hearing, the accused shall be afforded an opportunity to appear in person and by counsel, and present his defense. The subpoena provisions of FMC § 2.56.060(c) shall apply to all such hearings. If the order of removal, suspension, or demotion is concurred in by the commission or a majority thereof, the accused may appeal therefrom to the superior court of the county wherein he resides. Such appeal shall be taken by serving the commission, within 30 days after the entry of its order, a written notice of appeal, stating the grounds thereof, and demanding that a certified transcript of the record and of all papers on file in the office of the commission affecting or relating to its order be filed by the commission with the court. The commission shall, within 10 days after the filing of the notice, make, certify, and file such transcript with the court. The court shall thereupon 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 of removal, discharge, demotion or suspension 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. 714 § 10, 1978)
All offices, places, positions, and employments coming within the purview of this chapter shall be created by the person or group of persons, who, acting singly or in conjunction, as a city manager or city council, or otherwise, is vested by the ordinance of the city with power and authority to select, appoint, or employ any person coming within the purview of this chapter, and nothing contained in this chapter shall infringe upon the power and authority of any such person or group of persons, or appointing power, to fix the salaries and compensation of all employees employed under this chapter.
(Ord. 714 § 11, 1978; Ord. 1389 § 24, 2005)
Whenever a position in the classified civil service becomes vacant, the appointing power, if it desires to fill the vacancy, shall make requisition upon the commission for the name and address of persons eligible for the appointment thereto. The commission shall certify the names of the three persons highest on the eligibility list for the class to which the vacant position has been allocated, who are willing to accept employment. If there is no appropriate eligibility list for the class, the commission shall certify the names of the three persons standing highest on said list held appropriate for such class. If more than one vacancy is to be filled, two additional names shall be certified for each such additional vacancy. The appointing power shall forthwith appoint a person or persons from the names certified to such vacant position.
Whenever requisition is to be made, or whenever a position is held by a temporary appointee and an eligibility list for the class of such person exists, the commission shall forthwith certify the names of the three persons standing highest on said list eligible for appointment to the appointing power and said appointing power shall forthwith appoint from the names certified a person so certified to said position.
To enable the appointing power to exercise a choice in the filling of positions, no appointment, employment or promotion in any position in the classified civil service shall be deemed complete until after the expiration of a period of three to six months' probationary service, as may be provided in the rules of the commission during which the appointing power may terminate the employment of the person certified to him, and if during the performance test thus afforded, upon observation or consideration of the performance of duty, the appointing power deems him unfit or unsatisfactory for service in the department, the appointing power shall designate another person from the eligibility list, and such other person shall likewise enter upon said duties until some person is found who is deemed fit for employment or promotion for the probationary period provided therefor, whereupon the appointment, employment or promotion shall be deemed to be complete.
(Ord. 714 § 12, 1978)
No official of the city shall approve the payment of or be in any manner concerned in paying, auditing, or approving any salary, wage or other compensation for services to any person subject to the jurisdiction and scope of this chapter unless a payroll estimate or account for such salary, wage or other compensation containing the names of the persons to be paid, the amount to be paid to each such person, the services on account of which same is paid, and any other information which, in the judgment of the civil service commission, shall be furnished on said payroll, bears the certificate of the civil service commission or its secretary or other duly authorized agent, that the persons named in such payroll, estimate, or account have been appointed or employed in compliance with the terms of this chapter and with the rules of the commission, and that the payroll estimate or account is, so far as known to the commission, a true and accurate statement. The commission shall refuse to certify the pay of any public officer or employee whom it finds to be illegally or improperly appointed and may further refuse to certify the pay of any public officer or employee who wilfully or through culpable negligence violates or fails to comply with this chapter or with the rules of the commission.
(Ord. 714 § 13, 1978)
Leave of absence without pay may be granted by the appointing power to any person under civil service; provided, that such appointing power shall give notice of such leave to the commission. All temporary employment caused by leaves of absence shall be made from the eligibility list of the classified civil service.
(Ord. 714 § 14, 1978)
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, guide, 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 persuade him, in connection with any examination or registration of application or request to be examined or registered.
(Ord. 714 § 15, 1978)
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 the rules of the commission. The commission shall be represented in such suits by the city attorney, but such commission may, in any case, be represented by special counsel appointed by it.
(Ord. 714 § 16, 1978)
No person holding any office, place, position, or employment subject to civil service is under the obligation to contribute to any political fund or to render any political service to any person or party whatsoever, and no person shall be removed, reduced in grade or salary, or otherwise prejudiced for refusing to do so. No public officer, whether elected or public, shall discharge, promote, demote, or in any manner change the official rank, employment or compensation of any person under civil service, or promise or threaten to do so, for giving or withholding, or neglecting to make any contribution of money, or services, or any other valuable thing, for any political purpose.
(Ord. 714 § 17, 1978)