AN ACT Relating to hiring procedures by cities
and towns; and amending RCW 35.24.020, 35.27.070, 35.27.130, 41.08.040, and
41.12.040.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1.
RCW 35.24.020 and 1987 c 3 s 9 are each amended to read as follows:
The government of a third class city shall be
vested in a mayor, a city council of seven members, a city attorney, a clerk, a
treasurer, all elective; and a chief of police, municipal judge, city engineer,
street superintendent, health officer and such other appointive officers as may
be provided for by statute or ordinance: PROVIDED, That the council may enact
an ordinance providing for the appointment of the city clerk, city attorney,
and treasurer by the mayor, which appointment shall be subject to confirmation
by a majority vote of the city council. Such ordinance shall be enacted and
become effective not later than thirty days prior to the first day allowed for
filing declarations of candidacy for such offices when such offices are subject
to an approaching city primary election. Elective incumbent city clerks, city
attorneys, and city treasurers shall serve for the remainder of their unexpired
term notwithstanding any appointment made pursuant to RCW 35.24.020 and 35.24.050.
If a free public library and reading room is established, five library trustees
shall be appointed. The city council by ordinance shall prescribe the duties
and fix the compensation of all officers and employees: PROVIDED, That
the provisions of any such ordinance shall not be inconsistent with any
statute: PROVIDED FURTHER, That where the city council finds that the
appointment of a full time city engineer is unnecessary, it may in lieu of such
appointment, by resolution provide for the performance of necessary engineering
services on either a part time, temporary or periodic basis by a qualified
engineering firm, pursuant to any reasonable contract.
The mayor shall appoint and at his or her
pleasure may remove all appointive officers except as otherwise provided
herein: PROVIDED, That municipal judges shall be removed only upon conviction
of misconduct or malfeasance in office, or because of physical or mental
disability rendering ((him)) the judge incapable of performing
the duties of his or her office. Every appointment or removal must be
in writing signed by the mayor and filed with the city clerk.
Sec. 2.
RCW 35.27.070 and 1987 c 3 s 12 are each amended to read as follows:
The government of a town shall be vested in a
mayor and a council consisting of five members and a treasurer, all elective;
the mayor shall appoint a clerk and a marshal; and may appoint a town attorney,
pound master, street superintendent, a civil engineer, and such police and
other subordinate officers and employees as may be provided for by
ordinance. All appointive officers and employees shall hold office at
the pleasure of the mayor and shall not be subject to confirmation by the town
council.
Sec. 3.
RCW 35.27.130 and 1990 c 212 s 2 are each amended to read as follows:
The mayor and members of the town council may
be reimbursed for actual expenses incurred in the discharge of their official
duties upon presentation of a claim therefor and its allowance and approval by
resolution of the town council. The mayor and members of the council may also
receive such salary as the council may fix by ordinance.
The treasurer and treasurer-clerk shall
severally receive at stated times a compensation to be fixed by ordinance.
The compensation of all other officers and
employees shall be fixed from time to time by the council.
Any town that provides a pension for any of its
employees under a plan not administered by the state must notify the state
auditor of the existence of the plan at the time of an audit of the town by the
auditor. No town may establish a pension plan for its employees that is not
administered by the state, except that any defined contribution plan in
existence as of January 1, 1990, is deemed to have been authorized. No town
that provides a defined contribution plan for its employees as authorized by
this section may make any material changes in the terms or conditions of the
plan after June 7, 1990.
Sec. 4.
RCW 41.08.040 and 1973 1st ex.s. c 154 s 60 are each amended to read as
follows:
Immediately after appointment the commission
shall organize by electing one of its members ((chairman)) chair
and hold regular meetings at least once a month, and such additional meetings
as may be required for the proper discharge of their duties.
They shall appoint a secretary and chief
examiner, who shall 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 department or of the fire department and other departments of said
city, town or municipality, as the commission may decide. 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 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 ((of ten percent)) 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 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. 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 of the
other two 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) 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) Keep such records as may be necessary for
the proper administration of this chapter.
Sec. 5.
RCW 41.12.040 and 1937 c 13 s 5 are each amended to read as follows:
Immediately after appointment the commission
shall organize by electing one of its members ((chairman)) chair
and hold regular meetings at least once a month, and such additional meetings
as may be required for the proper discharge of their duties.
They shall appoint a secretary and chief
examiner, who 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 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 police department or of the police department and other departments of
((said)) the city, town, or municipality, as the
commission may decide. 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 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 ((of ten percent)) 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 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. 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) Hearings and Investigations: How
conducted. 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 of the other two
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 ((men)) 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) 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 provisional appointee in any one
fiscal year;
(10) Keep such records as may be necessary for
the proper administration of this chapter.
