BP BHEAD INT S

AN ACT Relating to civil service; amending RCW 41.08.030, 41.08.040, 41.08.050, 41.08.060, 41.08.075, 41.08.100, 41.08.220, 41.14.010, 41.14.020, 41.14.030, 41.14.040, 41.14.050, 41.14.060, 41.14.070, 41.14.080, 41.14.100, 41.14.120, 41.14.130, 41.14.140, 41.14.160, 41.14.180, 41.14.210, 41.14.270, and 35A.11.020; adding new sections to chapter 41.08 RCW; adding new sections to chapter 41.14 RCW; repealing RCW 41.08.010, 41.08.020, 41.12.010, 41.12.020, 41.12.030, 41.12.040, 41.12.050, 41.12.060, 41.12.070, 41.12.075, 41.12.080, 41.12.090, 41.12.100, 41.12.110, 41.12.120, 41.12.130, 41.12.140, 41.12.150, 41.12.160, 41.12.170, 41.12.180, 41.12.183, 41.12.185, 41.12.190, 41.12.200, 41.12.210, 41.12.220, 41.12.900, and 41.12.910; prescribing penalties; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 41.08 RCW to read as follows:

The general purpose of this chapter is to establish a merit system of employment for full paid employees of the police and fire departments of each city and town, thereby raising the standards and efficiency of such offices and law enforcement and fire protection in general.

Sec. 2. RCW 41.08.030 and 1935 c 31 s 3 are each amended to read as follows:

There is hereby created in every city, town, or municipality ((~~except those referred to in RCW 41.08.010,~~)) with a population of two thousand or more having a full paid fire department or full paid police department a civil service commission which shall be composed of ((~~three~~)) five persons. In every city, town, or municipality with a population of less than two thousand having a full paid fire department or full paid police department, a civil service commission is hereby created which shall be composed of three persons. Any fire protection district with full paid employees serving the city, town, or municipality shall also be under the jurisdiction of the civil service commission.

The members of such commission shall be appointed by the person or group of persons who, acting singly or in conjunction, as a mayor, city manager, council, common council, commission, or otherwise, is or are vested by law with ((~~power and~~)) the authority to select, appoint, or employ the chief of a fire or police department in any such city, prior to the enactment of this chapter. Persons appointed to the commission must have clearly demonstrated an interest and belief in the merit principle. 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 such city for at least three years immediately preceding such appointment, and an elector of the county wherein he or she resides. The term of office of such commissioners shall be for six years, except that the first ((~~three~~)) five members of such commission shall be appointed for different terms, as follows: One to serve for a period of two years, ((~~one~~)) two to serve for a period of four years, and ((~~one~~)) two to serve for a period of six years.

Any member of such 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 had. Any member of the commission who is removed may appeal the decision to the superior court.

The members of such commission shall devote due time and attention to the performance of the duties hereinafter specified and imposed upon them by this chapter. ((~~Two~~)) Three members of such commission shall constitute a quorum and the votes of any ((~~two~~)) three members of such 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. Confirmation of ((~~said~~)) the appointment or appointments of commissioners by any legislative body shall not be required. At the time of any appointment not more than ((~~two~~)) three commissioners shall be adherents of the same political party.

No member after appointment may hold any salaried public office or engage in city, town, or municipal employment, other than his or her commission duties, except in a city, town, or municipality with a population of less than two thousand.

In any city, town, or municipality having only one civil service commission, the civil service commission shall begin operating under this chapter on the effective date of this act. Two new members shall be appointed by the appointing power. The initial terms of the new members shall be co-extensive with the two longest remaining terms from among existing positions on the commission, and thereafter shall be six years.

In any city, town, or municipality having two civil service commissions, the two commissions shall be combined into one and begin operating under this chapter on the effective date of this act. If the combining of the two commissions results in there being six members, the member with the shortest remaining term shall be removed from the commission. If two members are tied with the shortest remaining term, the member to be removed from the commission shall be determined by lot.

Sec. 3. RCW 41.08.040 and 1993 c 47 s 4 are each amended to read as follows:

Immediately after appointment the commission shall organize by electing one of its members chair and hold regular meetings at least once a month, and such additional meetings as may be required for the proper discharge of ((~~their~~)) the commission's duties.

((~~They~~)) The commission shall appoint a ((~~secretary and~~)) chief examiner, who shall serve as secretary to the commission, keep the records 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 ((~~secretary and~~)) 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, town or municipality, or promotional and limited to persons already in the service of the fire or police department or of the fire or police department and other departments of ((~~said~~)) the city, town, or municipality, as the commission may decide. The chief examiner shall be considered an employee of the city, town, or municipality, but may not be placed under the supervision of the police or fire department for any portion of his or her employment. The ((~~secretary and~~)) chief examiner 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 fire or police department. It shall be the duty of the civil service commission:

(1) To make suitable rules and regulations not inconsistent with the provisions of this chapter. 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. Such rules and regulations may be changed from time to time. 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.

(2) All tests shall be practical, and 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, and may include tests of physical fitness and/or of manual skill.

(3) The rules and regulations adopted by the commission shall provide for a credit in accordance with RCW 41.04.010 in favor of all applicants for appointment under civil service, who, in time of war, or in any expedition of the armed forces of the United States, have served in and been honorably discharged from the armed forces of the United States((~~, including the army, navy, and marine corps and the American Red Cross~~)). These credits apply to entrance examinations only.

(4) The commission shall make preliminary investigations concerning and report, in a public meeting, 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. All such investigations may be preceded by a preliminary investigation, which may be conducted informally by the commission or its designee, the results of which shall be reported in the next meeting held pursuant to this section. 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 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 and require the attendance of 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 oaths administered hereunder and the subpoenas issued hereunder shall have the same force and effect as the oaths administered by a superior court judge in his or her judicial capacity; 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.

(5) All hearings and investigations before the commission, or designated commissioner, or chief examiner, shall be 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~~)) two of the other ((~~two~~)) four members.

(6) To hear and determine appeals or complaints respecting the administrative work of the personnel department; appeals upon the allocation of positions; the rejection of an examination, and such other matters as may be referred to the commission.

(7) ((~~Establish and maintain in card or other suitable form a roster of officers and employees.~~

~~(8)~~)) Provide for, formulate 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, and to 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 reemployed.

((~~(9)~~))(8) When a vacant position is to be filled, to certify to the appointing authority, on written request, the name of the person highest on the eligible list for the class. If there are no such lists, to authorize provisional or temporary appointment list of such class. Such temporary or provisional appointment shall not continue for a period longer than four months; nor shall any person receive more than one provisional appointment or serve more than four months as a provisional appointee in any one fiscal year.

((~~(10)~~)) (9) Keep such records as may be necessary for the proper administration of this chapter including a roster of officers and employees.

Sec. 4. RCW 41.08.050 and 1987 c 339 s 1 are each amended to read as follows:

The classified civil service and provisions of this chapter shall include all full paid employees of the fire department and the police department of each city, town, or municipality coming within its purview and include the full paid employees of any fire protection district serving any such city, town, or municipality, except that individuals appointed as fire chief and police chief after July 1, 1987, may be excluded by the legislative body of the city, town, or municipality. All initial appointments to and promotions in ((~~said~~)) the department shall be made solely on merit, efficiency, and fitness, which shall be ascertained by open competitive examination and impartial investigation. No person shall be reinstated in, or transferred, suspended or discharged from any such place, position or employment contrary to the provisions of this chapter.

Any classified employee having civil service status in a classified position who accepts an appointment in an exempt position shall have the right of reversion to the highest class of position previously held, or to a position of similar nature and salary. A person occupying an exempt position who is terminated from the position for misconduct or malfeasance does not have the right of reversion to a classified position as provided for in this section.

NEW SECTION. Sec. 5. A new section is added to chapter 41.08 RCW to read as follows:

(1) A transfer of a permanent employee from a position in one class to a position in another class having the same salary range may be made upon approval of the commission that the employee has the minimum qualifications for the position to which transfer is proposed. The commission may require a qualifying examination.

(2) A permanent employee may also apply promotionally for positions in other class series which by definition are transfers. Employees who transfer under the provisions of this subsection shall serve a probationary service period.

NEW SECTION. Sec. 6. A new section is added to chapter 41.08 RCW to read as follows:

(1) The commission may approve a disability separation of a permanent employee only when reasonable accommodations cannot be provided. When the employee requests a disability separation, the departmental official is not required to consider reasonable accommodations.

(2) When reasonable accommodations cannot be provided, the employee may be separated from the department after a minimum of sixty calendar days' written notice, provided that the employee shall be allowed to exhaust accrued sick leave before separation if the disability prevents attendance at work. If the employee is unable to work due to the disability during the notice period and there is no paid leave available, the absence shall be considered approved leave without pay.

The sixty calendar days' notice shall not be required when the employee requests and the departmental official approves a shorter notice period.

(3) For purposes of this section, determinations of disability shall be made by the department only at the employee's written request or after obtaining a written statement from a physician or a licensed mental health professional. The commission may require an employee to obtain a medical examination at department expense from a physician or a licensed mental health professional of the commission's choice. In such cases, the commission shall provide the physician or licensed mental health professional with the specification for the employee's class and a description of the employee's position. Evidence may be requested from the physician or licensed mental health professional regarding the employee's ability to perform the specified duties.

(4) Separations due to disability shall not be considered disciplinary actions and shall be appealable. At the time of notification that their employment will be terminated because of disability, such employees shall be informed by the departmental official of their right to appeal. The appeal must be filed with the commission in writing within ten calendar days after notice of separation is given.

(5) During the notice period required by subsection (2) of this section the departmental official shall inform employees being separated due to disability that they may be eligible for benefits/assistance programs such as employees' insurance plans, social security, workers' compensation, veterans' benefits, public assistance, disability retirement, and vocational rehabilitation.

(6) The names of permanent employees who have been separated because of disability shall be placed on the reinstatement or promotional registers by the commission upon submission of a statement from a physician or licensed mental health professional that they are able to perform the duties of the class or classes for which the registers are established.

Sec. 7. RCW 41.08.060 and 1935 c 31 s 6 are each amended to read as follows:

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 in the fire or police department of any such city, including the chief thereof, when this chapter takes effect, who shall have served in such position for a period of at least six months last past continuously, are hereby declared eligible for permanent appointment under civil service to the offices, places, positions or employments which they shall then hold, respectively, without examination or other act on their part, and not on probation; and every such person is hereby automatically adopted and inducted permanently into civil service, into such office, place, position or employment which such person then holds 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.

Sec. 8. RCW 41.08.075 and 1972 ex.s. c 37 s 4 are each amended to read as follows:

No city, town, or municipality shall require any person applying for or holding an office, place, position, or employment under the provisions of this chapter ((~~or under any local charter or other regulations described in RCW 41.08.010~~)) to reside within the limits of such municipal corporation as a condition of employment, or to discriminate in any manner against any such person because of his or her residence outside of the limits of such city, town, or municipality.

Sec. 9. RCW 41.08.100 and 1935 c 31 s 11 are each amended to read as follows:

Whenever a position in the classified service becomes vacant, the ((~~appointing power, if it desires~~)) departmental official desiring to fill the vacancy((,)) shall make requisition upon the commission for the names and addresses of ((a)) persons eligible for appointment thereto. Before a requisition can be made, the departmental official shall give employees of the department who are in layoff status or who have been notified of an intended layoff an opportunity to qualify for any class within the department. The commission shall certify the names of the three persons highest on the eligible list for the class to which the vacant position has been allocated, who ((is)) are willing to accept employment. If there is no appropriate eligible list for the class, the commission shall certify the names of the three persons standing highest on ((~~said~~)) the list held appropriate for such class. If more than one vacancy is to be filled an additional name shall be certified for each additional vacancy. The ((~~appointing power~~)) departmental official shall forthwith appoint ((~~such~~)) a person from those certified to ((~~such~~)) the vacant position.

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 exists, the commission shall forthwith certify the names of the three persons eligible for appointment to the ((~~appointing power~~)) department, and ((~~said appointing power~~)) the departmental official shall forthwith appoint one of the three persons so certified to ((~~said~~)) the position. No person so certified shall be laid off, suspended, or given leave of absence from duty, transferred or reduced in pay or grade, except for reasons which will promote the good of the service, specified in writing, and after an opportunity to be heard by the commission and then only with its consent and approval.

To enable the ((~~appointing power~~)) departmental official 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 ((~~three to six months'~~)) one year's probationary service, as may be provided in the rules of the civil service commission during which the ((~~appointing power~~)) departmental official may terminate the employment of the person ((~~certified to him, or it~~)) appointed, if during the performance test thus afforded, upon observation or consideration of the performance of duty, the ((~~appointing power~~)) departmental official deems ((~~him~~)) such person unfit or unsatisfactory for service in the department. Whereupon the ((~~appointing power~~)) departmental official shall ((~~designate the person certified as standing next highest on any such list and such person~~)) again requisition the commission for the names and addresses of persons eligible for appointment in the manner provided by this section and the person appointed in the manner provided by this section shall likewise enter upon ((~~said~~)) the duties for the probationary period 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.

Sec. 10. RCW 41.08.220 and 1935 c 31 s 24 are each amended to read as follows:

As used in this chapter, the following mentioned terms shall have the following described meanings:

((~~The term~~)) (1) "Commission" means the civil service commission ((~~herein~~)) created in this chapter, and the term "commissioner" means any one of the ((~~three~~)) five commissioners of that commission.

((~~The term~~)) (2) "Appointing power" includes every person or group of persons who, acting singly or in conjunction, as a mayor, city manager, council, common council, commission, or otherwise, is or are, vested by law with ((~~power and~~)) the authority to select, appoint, or employ any person to hold any office, place, position or employment subject to civil service.

((~~The term~~)) (3) "Appointment" includes all means of selection, appointing or employing any person to hold any office, place, position or employment subject to civil service.

((~~The term~~)) (4) "City" includes all cities, towns, and municipalities having a full paid fire or police department.

((~~The term~~)) (5) "Full paid fire department" means that the officers and ((~~firemen~~)) fire fighters employed in such are paid regularly by the city and devote their whole time to fire fighting.

(6) "Full paid police department" means that the police officers employed in such are paid regularly by the city and devote their whole time to police duty. "Full paid police department" whenever used in this chapter shall also mean "full paid police officers".

(7) "Departmental official" means the fire chief, police chief, or fire district chief who has been delegated the authority to recommend and/or make personnel decisions and appointments.

Sec. 11. RCW 41.14.010 and 1987 c 251 s 1 are each amended to read as follows:

The general purpose of this chapter is to establish a merit system of employment for county deputy sheriffs and other employees of the office of county sheriff, and fire fighters and other employees of a fire protection district within the county not serving a city or town, thereby raising the standards and efficiency of such offices and law enforcement and fire protection in general.

Sec. 12. RCW 41.14.020 and 1959 c 1 s 2 are each amended to read as follows:

Definition of terms:

(1) "Commission" means the civil service commission, or combined county civil service commission, herein created, and "commissioner" means any one of the ((~~three~~)) five members of any such commission;

(2) "Appointing ((~~power~~)) authority" means the county sheriff who is invested by law with ((~~power and~~)) the authority to select, appoint, or employ any deputy, deputies or other necessary employees subject to civil service or the person who is invested by law with the authority to select, appoint, or employ any fire fighters or other necessary employees subject to civil service;

(3) "Appointment" includes all means of selecting, appointing, or employing any person to any office, place, position, or employment subject to civil service;

(4) "County" means any county of the state, or any counties combined pursuant to RCW 41.14.040 for the purpose of carrying out the provisions of this chapter;

(5) "Deputy sheriff ((or)) and other ((~~members~~)) employees of the office of county sheriff" means all persons regularly employed in the office of county sheriff either on a part time or full time basis;

(6) "Fire fighter and other employees of a fire protection district" means all persons regularly employed by a fire protection district either on a part-time or full-time basis.

Sec. 13. RCW 41.14.030 and 1959 c 1 s 3 are each amended to read as follows:

There is created in each county including counties with home rule charters and in each combination of counties, combined pursuant to RCW 41.14.040 to carry out the provisions of this chapter, a civil service commission which shall be composed of ((~~three~~)) five persons. The commission members shall be appointed by the ((~~board~~)) legislative authority of the county ((~~commissioners~~)), or ((~~boards of county commissioners~~)) legislative authorities of each combination of counties((~~, within sixty days after December 4, 1958~~)). Persons appointed to the commission must have clearly demonstrated an interest and belief in the merit principle. No person shall be appointed to the commission who is not a citizen of the United States, a resident of the county, or one of the counties combined, for at least two years immediately preceding his or her appointment, and an elector of the county wherein he or she resides. The term of office of the commissioners shall be six years, except that the first ((~~three~~)) five members of the commission shall be appointed for different terms, as follows: One to serve for a period of two years, ((~~one~~)) two to serve for a period of four years, and ((~~one~~)) two to serve for a period of six years. 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, That no member of the commission shall be removed until charges have been preferred, in writing, due notice, and a full hearing had. Any member of the commission who is removed may appeal the decision to the superior court. Any vacancy in the commission shall be filled by the county commissioners for the unexpired term. ((~~Two~~)) Three members of the commission shall constitute a quorum and the votes of any ((~~two~~)) three members concurring shall be sufficient for the decision of all matters and the transaction of all business to be decided or transacted by the commission. Confirmation of the appointment of commissioners by any legislative body shall not be required. At the time of appointment not more than ((~~two~~)) three commissioners shall be adherents of the same political party. No member after appointment shall hold any salaried public office or engage in county employment, other than his or her commission duties. The members of the commission shall serve without compensation.

Two new members shall be appointed by the appointing power after the effective date of this act. The initial terms of the new members shall be co-extensive with the two longest remaining terms from among existing positions on the commission, and thereafter shall be six years.

Sec. 14. RCW 41.14.040 and 1991 c 363 s 114 are each amended to read as follows:

Any counties with populations of less than forty thousand, whether contiguous or not, are authorized to establish and operate a combined civil service system to serve all counties so combined. The combination of any such counties shall be effective whenever each board of county commissioners of the counties involved adopts a resolution declaring intention to participate in the operation of a combined county civil service system in accordance with agreements made between any such counties. Any such combined county civil service commission shall serve the employees of each county sheriff's office and fire protection district impartially and according to need.

All matters affecting the combined civil service commission, including the selection of commissioners, shall be decided by majority vote of all the ((~~county commissioners~~)) legislative authorities of the counties involved.

All the provisions of this chapter shall apply equally to any such combined civil service system.

Sec. 15. RCW 41.14.050 and 1979 ex.s. c 153 s 1 are each amended to read as follows:

Immediately after appointment the commission shall organize by electing one of its members ((~~chairman~~)) chair 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 appoint a chief examiner who shall also 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 must be open to all properly qualified citizens of the county: PROVIDED, That no appointee of the commission, either as chief examiner or as an assistant to the chief examiner, shall be an employee of the sheriff's department or a fire protection district. The chief examiner of a commission that serves a single county shall be considered an employee of the county. The chief examiner 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.

Sec. 16. RCW 41.14.060 and 1979 ex.s. c 153 s 2 are each amended to read as follows:

It shall be the duty of the civil service commission:

(1) 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, reallocations, 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.

(2) 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 may include tests of physical fitness or manual skill or both.

(3) To make preliminary investigations concerning and report, in a public meeting, upon all matters touching the enforcement and effect of the provisions of this chapter, and the rules and regulations prescribed hereunder; to inspect all departments, offices, places, 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 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, may administer oaths, subpoena and require the attendance of witnesses and the production by them of books, papers, documents, and accounts appertaining to the investigation and also 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 oaths administered and the subpoenas issued hereunder shall have the same force and effect as the oaths administered and subpoenas issued by a superior court judge in his or her judicial capacity; and the failure 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.

(4) 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 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, 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~~)) two of the other ((~~two~~)) four members.

(5) 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.

(6) To provide for, formulate, 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, and provide that persons laid off, or who have accepted voluntary demotion in lieu of layoff, 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 reemployed or reinstated in their former job class.

(7) To provide by rule for a credit in accordance with RCW 41.04.010 in favor of all applicants for appointment under civil service, who, in time of war, or in any expedition of the armed forces of the United States, have served in and been honorably discharged from the armed forces of the United States. These credits apply to entrance examinations only.

(8) 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 eligible list for the class. 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 four months; nor shall any person receive more than one provisional appointment or serve more than four months as provisional appointee in any one fiscal year.

((~~(8)~~)) (9) To keep such records as may be necessary for the proper administration of this chapter including a roster of officers and employees.

Sec. 17. RCW 41.14.070 and 1991 c 363 s 116 are each amended to read as follows:

The classified civil service and provisions of this chapter shall include all deputy sheriffs and other employees of the office of sheriff in each county except the county sheriff in every county, all fire fighters and other employees of any fire protection district located within the county not serving a city, and an additional number of positions in the sheriff's department, designated the unclassified service, determined as follows:

Unclassified

Staff Personnel Position Appointments

1 through 10 2

11 through 20 3

21 through 50 4

51 through 100 5

101 and over 6

The unclassified position appointments authorized by this section must include selections from the following positions up to the limit of the number of positions authorized: Undersheriff, inspector, chief criminal deputy, chief civil deputy, jail superintendent, and administrative assistant or administrative secretary. The initial selection of specific positions to be exempt shall be made by the sheriff, who shall notify the civil service commission of his or her selection. Subsequent changes in the designation of which positions are to be exempt may be made only with the concurrence of the sheriff and the civil service commission, and then only after the civil service commission has heard the issue in open meeting. Should the position or positions initially selected by the sheriff to be exempt (unclassified) pursuant to this section be under the classified civil service at the time of such selection, and should it (or they) be occupied, the employee(s) occupying ((~~said~~)) the position(s) shall have the right to return to the next highest position or a like position under classified civil service.

The county legislative authority of any county with a population of five hundred thousand or more operating under a home rule charter may designate unclassified positions of administrative responsibility not to exceed twelve positions.

Sec. 18. RCW 41.14.080 and 1980 c 108 s 1 are each amended to read as follows:

All initial appointments to and promotions to positions in the classified civil service of the office of county sheriff or of a fire protection district shall be made solely on merit, efficiency, and fitness, which shall be ascertained by open competitive examination and impartial investigation((: PROVIDED, That before June 30, 1981, employees in an existing county personnel system may be transferred to newly created and classified positions within such county's sheriff's office, in order to permanently transfer the functions of these positions, without meeting the open competitive examination requirements of this section if the transfer is approved by the civil service commission created in RCW 41.14.030)). No person in the 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.

NEW SECTION. Sec. 19. A new section is added to chapter 41.14 RCW to read as follows:

NEW SECTION. Sec. 20. A new section is added to chapter 41.14 RCW to read as follows:

(1) The commission may approve a disability separation of a permanent employee only when reasonable accommodations cannot be provided. When the employee requests a disability separation, the appointing authority is not required to consider reasonable accommodations.

(2) When reasonable accommodations cannot be provided, the employee may be separated by the appointing authority after a minimum of sixty calendar days' written notice, provided that the employee shall be allowed to exhaust accrued sick leave before separation if the disability prevents attendance at work. If the employee is unable to work due to the disability during the notice period and there is no paid leave available, the absence shall be considered approved leave without pay.

The sixty calendar days' notice shall not be required when the employee requests and the appointing authority approves a shorter notice period.

(3) For purposes of this section, determinations of disability shall be made by the appointing authority only at the employee's written request or after obtaining a written statement from a physician or a licensed mental health professional. The appointing authority may require an employee to obtain a medical examination at department expense from a physician or a licensed mental health professional of the commission's choice. In such cases, the commission shall provide the physician or licensed mental health professional with the specification for the employee's class and a description of the employee's position. Evidence may be requested from the physician or licensed mental health professional regarding the employee's ability to perform the specified duties.

(4) Separations due to disability shall not be considered disciplinary actions and shall be appealable. At the time of notification that their employment will be terminated because of disability, such employees shall be informed by the appointing authority of their right to appeal. The appeal must be filed in writing within ten calendar days after notice of separation is given.

(5) During the notice period required by subsection (2) of this section the appointing authority shall inform employees being separated due to disability that they may be eligible for benefits/assistance programs such as employees' insurance plans, social security, workers' compensation, veterans' benefits, public assistance, disability retirement, and vocational rehabilitation.

(6) The names of permanent employees who have been separated because of disability shall be placed on reduction-in-force and promotional registers by the commission upon submission of a statement from a physician or licensed mental health professional that they are able to perform the duties of the class or classes for which the registers are established.

Sec. 21. RCW 41.14.100 and 1963 c 95 s 3 are each amended to read as follows:

An applicant for a position of any kind under civil service, must be a citizen of the United States 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.

Sec. 22. RCW 41.14.120 and 1984 c 199 s 1 are each amended to read as follows:

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, demoted, or discharged except for cause, and only upon written accusation of the appointing ((~~power~~)) 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. Any person so removed, suspended, discharged, or demoted may within ten days from the time of his or her removal, suspension, discharge, or demotion file with the commission a written demand for an investigation, whereupon the commission shall conduct such investigation. Upon receipt of the written demand for an investigation, the commission shall within ten days set a date for a public hearing which will be held within thirty days from the date of receipt. The investigation shall be confined to the determination of the question of whether the removal, suspension, demotion, or discharge was made in good faith for cause. After such investigation the commission shall render a written decision within ten days and may affirm the removal, suspension, demotion, or discharge, or if it finds that removal, suspension, demotion, or discharge 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 he or she was removed, suspended, demoted, or discharged, 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, demotion, or discharge. The commission upon such investigation, in lieu of affirming a removal, suspension, demotion, or discharge, may modify the order by directing the removal, suspension, demotion, or discharge 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~~)) authority, 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 of appearing in person and by counsel, and presenting his or her defense. If order of removal, suspension, demotion, or discharge is concurred in by the commission or a majority thereof, the accused may appeal therefrom to the superior court of the county wherein he or she resides. Such appeal shall be taken by serving the commission, within thirty 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 ten 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 the appeal in a summary manner. Such hearing shall be confined to the determination of whether the order of removal, suspension, demotion, or discharge made by the commission, was or was not made in good faith for cause, and no appeal shall be taken except upon such ground or grounds. The decision of the superior court may be appealed to the supreme court or the court of appeals.

Sec. 23. RCW 41.14.130 and 1984 c 199 s 2 are each amended to read as follows:

Whenever a position in the classified service becomes vacant, the appointing ((~~power~~)) authority, if it desires to fill the vacancy, shall requisition the commission for the names and addresses of persons eligible for appointment thereto. Before a requisition can be made, the appointing authority shall give employees of the appointing authority who are in layoff status or who have been notified of an intended layoff an opportunity to qualify for any class within the office of the appointing authority. The commission shall certify the names of the three persons highest on the eligible list for the class to which the vacant position has been allocated, who are willing to accept employment. ((~~If there is no appropriate eligible list for the class, the commission shall certify the names of the three persons standing highest on the list held appropriate for such class.~~)) If more than one vacancy is to be filled an additional name shall be certified for each additional vacancy. The appointing ((~~power~~)) authority shall forthwith appoint a person from those certified to the vacant position.

To enable the appointing ((~~power~~)) authority to exercise a greater degree of 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's probationary service, as may be provided in the rules of the civil service commission, during which the appointing ((~~power~~)) authority may terminate the employment of the person appointed, if during the performance test thus afforded, upon observation or consideration of the performance of duty, the appointing ((~~power~~)) authority deems such person unfit or unsatisfactory for service ((~~in the office of county sheriff~~)). Thereupon the appointing ((~~power~~)) authority shall again requisition the commission for the names and addresses of persons eligible for appointment in the manner provided by this section and the person appointed in the manner provided by this section shall likewise enter upon ((~~said~~)) the duties for the probationary period, until some person is found who is deemed fit for appointment, employment, or promotion whereupon the appointment, employment, or promotion shall be deemed complete.

Sec. 24. RCW 41.14.140 and 1959 c 1 s 14 are each amended to read as follows:

All offices, places, positions, and employments coming within the purview of this chapter, shall be filled by the appointing ((~~power~~)) authority with the consent of the ((~~board of~~)) county ((~~commissioners~~)) legislative authority, and nothing herein contained shall infringe upon such authority that an appointing ((~~power~~)) authority may have to fix the salaries and compensation of all employees employed hereunder.

Sec. 25. RCW 41.14.160 and 1959 c 1 s 16 are each amended to read as follows:

Leave of absence, without pay, may be granted by any appointing ((~~power~~)) authority to any person under civil service: PROVIDED, That such appointing ((~~power~~)) authority gives notice of the leave to the commission. All temporary employment caused by leaves of absence shall be made from the eligible list of the classified civil service.

Sec. 26. RCW 41.14.180 and 1959 c 1 s 18 are each amended to read as follows:

No commissioner or any other person, shall, by himself or herself alone or in cooperation with others, defeat, deceive, or obstruct any person in respect of his or her right of examination or registration according to the rules and regulations, or falsely mark, grade, estimate, or report upon the examination or proper standing of any person examined, registered, or certified pursuant to 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 or her, in connection with any examination or registration of application or request to be examined or registered.

The right of any person to an appointment or promotion to any position ((~~in a sheriff's office~~)) shall not be withheld because of his or her race, color, creed, national origin, political affiliation or belief, nor shall any person be dismissed, demoted, or reduced in grade for such reason.

Sec. 27. RCW 41.14.210 and 1991 c 363 s 117 are each amended to read as follows:

(1) The county legislative authority ((~~or [of]~~)) of each county with a population of two hundred ten thousand or more ((~~may~~)) shall provide in the county budget for each fiscal year a sum equal to one percent of the preceding year's total payroll of those included under the jurisdiction and scope of this chapter. The funds so provided shall be used for the support of the commission. Any part of the funds so provided and not expended for the support of the commission during the fiscal year shall be placed in the general fund of the county, or counties according to the ratio of contribution, on the first day of January following the close of such fiscal year.

(2) The county legislative authority of each county with a population of less than two hundred ten thousand shall appropriate from the general fund a sum equal to three-fourths of one percent of the total payroll of those included under the jurisdiction and scope of this chapter. The funds so provided shall be used for the support of the commission. However, if the legislative authority makes an appropriation for the support of the commission equal to or more than the continuing appropriation in any year, this subsection shall not be operative for the year but otherwise shall be in full force and effect.

NEW SECTION. Sec. 28. A new section is added to chapter 41.14 RCW to read as follows:

The duly constituted authorities of each and every county coming within the purview of this chapter shall provide the commission with suitable and convenient rooms and accommodations and cause the same to be furnished, heated, and lighted and supplied with all office supplies and equipment necessary to carry on the business of the commission and with such clerical assistance as may be necessary, all of which is to be commensurate with the number of persons in each such county coming within the purview of this chapter; and the failure upon the part of the duly constituted authorities to do so, shall be considered a violation of this chapter and shall be punishable as such.

Sec. 29. RCW 41.14.270 and 1972 ex.s. c 48 s 3 are each amended to read as follows:

When a city or town shall contract with the county sheriff's office for law enforcement services and as a result thereof lays off any employee who is eligible to transfer to the county sheriff's office pursuant to RCW 41.14.250 and 41.14.260, the city or town shall notify such employee of his or her right to so transfer and such employee shall have ninety days to transfer his or her employment to the county sheriff's office((~~: PROVIDED, That any employee layed off during the year prior to February 21, 1972 shall have ninety days after the effective date to transfer his employment~~)).

Sec. 30. RCW 35A.11.020 and 1993 c 83 s 8 are each amended to read as follows:

The legislative body of each code city shall have power to organize and regulate its internal affairs within the provisions of this title and its charter, if any; and to define the functions, powers, and duties of its officers and employees; within the limitations imposed by vested rights, to fix the compensation and working conditions of such officers and employees and establish and maintain civil service, or merit systems, retirement and pension systems not in conflict with the provisions of this title or of existing charter provisions until changed by the people: PROVIDED, That nothing in this section or in this title shall permit any city, whether a code city or otherwise, to enact any provisions establishing or respecting a merit system or system of civil service for ((~~firemen~~)) fire fighters and ((~~policemen which does not substantially accomplish the same purpose as provided by general law in~~)) police officers that conflicts with chapter 41.08 RCW ((~~for firemen and chapter 41.12 RCW for policemen now or as hereafter amended~~)), or enact any provision establishing or respecting a pension or retirement system for ((~~firemen~~)) fire fighters or ((~~policemen~~)) police officers which provides different pensions or retirement benefits than are provided by general law for such classes.

Such body may adopt and enforce ordinances of all kinds relating to and regulating its local or municipal affairs and appropriate to the good government of the city, and may impose penalties of fine not exceeding five thousand dollars or imprisonment for any term not exceeding one year, or both, for the violation of such ordinances, constituting a misdemeanor or gross misdemeanor as provided therein. However, the punishment for any criminal ordinance shall be the same as the punishment provided in state law for the same crime. Such a body alternatively may provide that violation of such ordinances constitutes a civil violation subject to monetary penalty, but no act which is a state crime may be made a civil violation.

The legislative body of each code city shall have all powers possible for a city or town to have under the Constitution of this state, and not specifically denied to code cities by law. By way of illustration and not in limitation, such powers may be exercised in regard to the acquisition, sale, ownership, improvement, maintenance, protection, restoration, regulation, use, leasing, disposition, vacation, abandonment or beautification of public ways, real property of all kinds, waterways, structures, or any other improvement or use of real or personal property, in regard to all aspects of collective bargaining as provided for and subject to the provisions of chapter 41.56 RCW, as now or hereafter amended, and in the rendering of local social, cultural, recreational, educational, governmental, or corporate services, including operating and supplying of utilities and municipal services commonly or conveniently rendered by cities or towns.

In addition and not in limitation, the legislative body of each code city shall have any authority ever given to any class of municipality or to all municipalities of this state before or after the enactment of this title, such authority to be exercised in the manner provided, if any, by the granting statute, when not in conflict with this title. Within constitutional limitations, legislative bodies of code cities shall have within their territorial limits all powers of taxation for local purposes except those which are expressly preempted by the state as provided in RCW 66.08.120, 82.36.440, 48.14.020, and 48.14.080.

NEW SECTION. Sec. 31. The following acts or parts of acts are each repealed:

(1) RCW 41.08.010 and 1935 c 31 s 1;

(2) RCW 41.08.020 and 1935 c 31 s 2;

(3) RCW 41.12.010 and 1937 c 13 s 1;

(4) RCW 41.12.020 and 1937 c 13 s 2;

(5) RCW 41.12.030 and 1937 c 13 s 3;

(6) RCW 41.12.040 and 1993 c 47 s 5 & 1937 c 13 s 5;

(7) RCW 41.12.050 and 1993 c 189 s 1, 1987 c 339 s 2, & 1937 c 13 s 4;

(8) RCW 41.12.060 and 1937 c 13 s 6;

(9) RCW 41.12.070 and 1972 ex.s. c 37 s 3, 1963 c 95 s 2, & 1937 c 13 s 7;

(10) RCW 41.12.075 and 1972 ex.s. c 37 s 5;

(11) RCW 41.12.080 and 1937 c 13 s 8;

(12) RCW 41.12.090 and 1937 c 13 s 9;

(13) RCW 41.12.100 and 1937 c 13 s 11;

(14) RCW 41.12.110 and 1937 c 13 s 12;

(15) RCW 41.12.120 and 1937 c 13 s 13;

(16) RCW 41.12.130 and 1937 c 13 s 14;

(17) RCW 41.12.140 and 1937 c 13 s 15;

(18) RCW 41.12.150 and 1937 c 13 s 16;

(19) RCW 41.12.160 and 1937 c 13 s 17;

(20) RCW 41.12.170 and 1937 c 13 s 18;

(21) RCW 41.12.180 and 1937 c 13 s 19;

(22) RCW 41.12.183 and 1937 c 13 s 20;

(23) RCW 41.12.185 and 1937 c 13 s 21;

(24) RCW 41.12.190 and 1937 c 13 s 10;

(25) RCW 41.12.200 and 1937 c 13 s 22;

(26) RCW 41.12.210 and 1937 c 13 s 23;

(27) RCW 41.12.220 and 1937 c 13 s 24;

(28) RCW 41.12.900 and 1937 c 13 s 25; and

(29) RCW 41.12.910 and 1937 c 13 s 26.

NEW SECTION. Sec. 32. This act shall take effect July 1, 1994.