HomeMy WebLinkAboutCivil Service Rules Sept 2015GENERAL RULES AND REGULATIONS
CIVIL SERVICE COMMISSION
CITY OF PASCO
Includes Revisions Adopted through
September 2015
Janis Hastings, Chairperson
Eduardo Rodriguez, Commissioner
Colleen Chapin, Secretary/Chief Examiner
Pasco Civil Service Commission
Rules and Regulations
Amended September 2015
PREFACE
The GENERAL RULES AND REGULATIONS of the CIVIL SERVICE COMMISSION of the
CITY OF PASCO were adopted in accordance with RCW 41.12 (Police Department) and RCW
41.08 (Fire Department) by Pasco Ordinances #434 and #783, respectively (Pasco Municipal
Code, Section 2.20 and 2.22.)
Over the years these Rules have been amended to conform with current requirements. This
printing includes all amendments to date. Future amendments will be made by replacing the entire
page containing the Rule that has been amended. For easy reference, the date of the Regular or
Special Meeting authorizing the amendment will be placed at the end of each section.
Pasco Civil Service Commission
Rules and Regulations
Amended September 2015
CIVIL SERVICE RULES AND REGULATIONS
CITY OF PASCO, WASHINGTON
TABLE OF CONTENTS
Rule
1
AUTHORITY AND PURPOSE
1
Rule
2
DEFINITIONS
3
Rule
3
ADMINISTRATION
7
Rule
4
MEETINGS OF THE COMMISSION
9
Rule
5
HEARINGS
11
Rule
6
CLASSIFICATION
15
Rule
7
APPLICATIONS AND APPLICANTS
16
Rule
8
COMPETITIVE EXAMINATIONS
20
Rule
9
ELIGIBLE LISTS
26
Rule
10
CERTIFICATION AND APPOINTMENT
29
Rule
11
PROBATION
33
Rule
12
TEMPORARY AND PROVISIONAL APPOINTMENTS
34
Rule
13
LEAVES OF ABSENCE
35
Rule
14
DISCHARGE, DEMOTION, SUSPENSION, OTHER
36
DISCIPLINARY ACTIONS AND RESIGNATION
Rule
15
LAYOFFS AND RE-EMPLOYMENT LISTS
39
Rule
16
CERTIFYING SALARY ACCOUNTS
41
Rule
17
CLASS SPECIFICATIONS FOR POLICE
42
Rule
18
CLASS SPECIFICATIONS FOR FIREMEN
43
Pasco Civil Service Commission
Rules and Regulations
Amended September 2015
CIVIL SERVICE RULES AND REGULATIONS
PASCO, WASHINGTON
RULE 1: AUTHORITY AND PURPOSE
1.01
Rules Prescribed
1.02
Purpose
1.03
Employment Practices
1.04
Existing Employees
1.05
Severability
1.06
Abbreviations
1.07
Commission Authority
1.01 RULES PRESCRIBED: In accordance with the provisions of Chapters 41.08 and
41.12 RCW, the Civil Service Commission of the City of Pasco, an unchartered code city of
the second class in said State, hereby adopts the following rules and regulations for carrying
out the purposes of said acts and which shall have the force and effect of law. [AMENDED 1-
84] [AMENDED 11/101
1.02 PURPOSE: These Rules are prescribed for the purpose of carrying out the provisions
of the law, of assuring the continuance of the civil service system, or promoting efficiency in
the dispatch of public business, of selection and promotion of employees on the basis of merit,
and of assuring all employees in the classified civil service of fair and impartial treatment at
all times. To these ends the Rules shall be liberally construed.
1.03 EMPLOYMENT PRACTICES: No persons in the classified civil service, or
seeking admission thereto, shall be appointed, promoted, reduced, or removed, or in any way
favored or discriminated against in their employment or opportunity for employment because
of their race, color, age, religious or political opinions or affiliations, union affiliation or
national origin, except as specifically authorized by statute, ordinance or these civil service
Rules regarding the selective certification process. [AMENDED 1-84]
1.04 EXISTING EMPLOYEES: All persons holding a position in the fire department or
police department of the City of Pasco, and who are not on probationary status when these
Rules take effect, and who have served in such position for a period of at least one year last
past continuously, are hereby declared regularly appointed to the offices, positions or
employment which they shall then hold, respectively, without examination or other act on their
part. [AMENDED 11/10]
1.05 SEVERABILITY: If any rule, section, paragraph, sentence, clause or phrase of
these Rules is declared unconstitutional, or void, for any reason, such decision shall not affect
the validity of the remaining portions of these Rules. The Commission hereby declares that it
would have prescribed and adopted these Rules, and each rule, section, paragraph, sentence,
Pasco Civil Service Commission
Rules and Regulations
Amended September 2015
clause, and phrase hereof, irrespective of the fact that any one or more rules, sections,
paragraphs, sentences, clauses, or phrases be declared unconstitutional, illegal, or void.
1.06 ABBREVIATIONS: These "Civil Service Rules and Regulations may be cited as
"CSRs". [ADDED 1-84]
1.07 COMMISSION AUTHORITY: Notwithstanding the provisions of any rule or
regulation adopted by the Commission, the Commission shall have at all times the full power
and authority to do any act or perform any function allowed the Commission by state law.
[ADDED 1-841
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RULE 2: DEFINITIONS
UNLESS OTHERWISE REQUIRED BY THE CONTEXT, WORDS USED IN THESE
RULES AND REGULATIONS ARE UNDERSTOOD TO HAVE THE FOLLOWING
SPECIAL MEANINGS:
2.01 ACTUAL SERVICE. Time, under civil service appointment, engaged in the
performance of the duties of a position or positions including absences with pay.
2.02 ALLOCATE. To locate or place a position in the appropriate class on the basis of
similarity of duties and responsibilities or required qualifications.
2.03 APPLICANT. A person who has filed an application to take a civil service
examination.
2.04 APPOINTING AUTHORITY. The City Manager for the City of Pasco or his designee.
[AMENDED 1-84]
2.05 APPOINTMENT, PROVISIONAL. A limited appointment to a classified position,
which is not vacant, but is currently unfilled due to an authorized leave of absence; or a non -
certified person to a classified position for which there is no current eligible register. [AMENDED
11/10]
2.06 APPOINTMENT, REGULAR. The offer to, and acceptance by, a person on an eligible
list of a position either on a regular or temporary basis. [AMENDED 11/10]
2.07 APPOINTMENT, TEMPORARY. A limited appointment other than from an eligible
register/list for the purpose of performing work belonging to the classified service. (A
reduction of a regular employee is not a temporary appointment.) Temporary appointment
includes emergency appointment. [ADDED 11/10]
2.08 ASSIGNMENT. An employee maybe assigned to a position which carries additional
salary and additional limited responsibilities and is within the scope of the specification for the
class from which the assignment is made. [ADDED 11/10]
2.09 BREAK IN SERVICE. Any interruption in continuous service, except for absences on
approved leave, or absences to serve in the Armed Forces of the United States. Re-employment
does not make the service continuous.
2.10 BUSINESS DAYS. Calendar days exclusive of Saturdays, Sundays, and legal holidays.
2.11 CANDIDATE. A person who has completed a civil service examination, or is in the
process of doing so.
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2.12 CAUSE. Cause shall mean good, sufficient or just cause as determined by the
Commission; exercised by the appointing authority in good faith and without discrimination
on the basis of any protected classification; and, in consideration of the total context of a
disciplinary action, including procedural fairness and consideration of an employee's work
record. [ADDED 7/10]
2.13 CERTIFICATION. [Certified Eligible List] A list of names from an eligible register
transmitted by the Civil Service Commission to an appointing authority from which the
primary appointing authority may fill a vacancy. [ADDED 11/10]
2.14 CERTIFY. Verification to the appointing authority that a list of names of candidates
for employment has been selected from the list of persons tested and found initially eligible
for employment. [ADDED 11/10]
2.15 CITY. The City of Pasco, Washington. [AMENDED 11/10]
2.16 CLASS. A position or group of positions sufficiently similar in respect to duties and
responsibilities so that the same title may be applied to each position, substantially the same
qualifications may be required, and approximately the same salary range may be applied with
equity. [Amended 11/10]
2.17 CLASSIFIED CIVIL SERVICE. All offices and positions in the service of the City
under civil service.
2.18 COMMISSION. The Pasco Civil Service Commission.
2.19 CONTINUOUS SERVICE. Employment without interruption, except for absences on
approved leave, or absences to serve in the Armed Forces of the United States.
2.20 DEMOTION. The removal of an employee, for cause, from a higher to a lower class
of employment or salary step within a class. [AMENDED 11/101
2.21 DEPARTMENT. The police or fire departments of the City of Pasco.
2.22 DISCHARGE. Termination, separation, dismissal or removal from service for cause.
[AMENDED 7/10]
2.23 ELIGIBLE. The status of a person qualified by reason of having passed an appropriate
Civil Service examination(s) and been placed on the proper eligible register. [AMENDED 11/101
2.24 ELIGIBLE LIST/REGISTER. A list of names of persons who have passed all of the
civil service examination(s) for a specific class from which vacancies may be filled. [AMENDED
11/10]
2.25 EMPLOYEE. Any person holding a position in the classified service of the City.
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[AMENDED 11/10]
2.25.01 EMPLOYEE — REGULAR. Any employee who has been appointed from an
eligible list and who has satisfactorily served the full probationary period. [ADDED 11 /10]
2.25.02 EMPLOYEE — TEMPORARY. Any employee appointed to fill an
emergency, temporary or short-term need. [ADDED 11/l0]
2.25.03 EMPLOYEE — EXEMPT. Any employee in a position of employment
which is not subject to Civil Service rules and regulations, and in which one serves at
the discretion of the appointing authority. [ADDED 11/10]
2.25.04 EMPLOYEE — PROBATIONARY. A person appointed from an eligible
list who has not yet completed the specified trial period of employment. [ADDED 11/10]
Note: A regular employee is the only employee with rights under Rule 5.01.
2.26 EXAMINATION. The process of testing the fitness and qualifications of applicants for
positions in a specific class. [AMENDED 11/l0]
a. EXAMINATION — ENTRANCE. An examination open to any member of the
public meeting the requirements as stated in the official notice announcing the
examination. [ADDED 11/10]
b. EXAMINATION — PROMOTIONAL. An examination limited to employees
(and public if so stated) meeting the requirements stated in the official notice
announcing the examination. [ADDED 11/10]
227 HIM. Refers to both the male and female genders.
2.28 LAYOFF. Separation from a regular position because of economy, lack of funds, lack
of work, or because the position has been abolished. [AMENDED 11/10]
2.29 LATERAL ENTRY. The appointment of a person from an eligible list comprised
solely of persons who have certain minimum prior experience in the position being filled or
persons who are currently employed in such position with another municipality or agency. The
Civil Service Commission may dispense with such components of the regular competitive
examination process as it determines proper in the establishment of a lateral -entry list. [ADDED
11/10]
2.30 OFFICIAL BULLETIN BOARD is the bulletin board upon which all official notices
of the commission shall be posted and which is located in Human Resources Office. [AMENDED
11/10]
2.31 OFFICIAL PUBLICATION means that publication designated as official by the City
of Pasco.
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2.32 POSITION. Any group of duties and responsibilities in the classified civil service of
the City requiring the full or part-time employment of one person which is included in the City
budget. [AMENDED 11/10]
2.33 PROBATION OR PROBATIONARY. The status of an employee during a trial period
following an appointment from an eligible list. This trial period is a working test during which
an employee is required to demonstrate by actual performance of the duties his fitness for the
position to which he has been certified and appointed.
2.34 PROBATIONER. An employee who has probationary status.
2.35 PROMOTION. The appointment of an employee to a higher class or to a position of
higher skill or responsibility level. [ADDED 11/10]
2.36 REDUCTION. The removal of any employee from a higher to a lower class for reasons
other than cause. [AMENDED 11/101
2.37 REINSTATEMENT. Re -appointment of a regular employee to a position in a class in
which the employee was a regular employee. [AMENDED 11/10]
2.38 REINSTATEMENT REGISTER. A list of names of persons who were regular
employees in a given class and who were laid off and are entitled to reinstatement in such class.
[AMENDED 11/101
2.39 RESIGNATION. A written request by an employee for separation from a class or from
the City service. [ADDED 11/10]
2.40 SEPARATION. Leaving a position and includes resignation, discharge, and layoff.
Where it refers to separation from a position in a particular class to accept another position, it
also includes promotion, demotion and reduction. [AMENDED 11/10]
2.41 VETERAN'S PREFERENCE. Preference in examinations, based on military service, as
provided and defined by applicable laws of the State of Washington. [AMENDED 11/10]
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RULE 3: ADMINISTRATION
3.01 Election of Chairperson
3.02 Duties of Chairperson
3.03 Chairperson Pro Tem
3.04 Death, Disability or Resignation of Chairperson
3.05 Secretary and Chief Examiner
3.06 Duties of the Secretary and Chief Examiner
3.07 Secretary Pro Tem
3.08 Amendments of Rules
3.09 Effective Date of Rules
3.10 Copies of Rules
3.01 ELECTION OF CHAIRPERSON. At the first regular meeting in January of each year,
the Commission shall elect one of its members as Chairperson to serve for a term of one year,
or until a successor is duly elected and qualified [AMENDED lino]
3.02 DUTIES OF CHAIRPERSON. The Chairperson shall preside at all meetings of the
Commission and act as spokesperson for the Commission. [AMENDED 11/10]
3.03 CHAIRPERSON PRO TEM. In his absence, the Chairperson shall designate one of
the Commissioners to act as chairman pro tem, who shall have all the powers of Chairperson.
If no such designation has been made, the two Commissioners present shall agree who shall
act as chairperson pro tem. [AMENDED 11/101
3.04 DEATH, DISABILITY OR RESIGNATION OF CHAIRPERSON. In the event of the
death resignation or disability of the chairperson, and after a successor has been selected, the
Commission shall at the first meeting following said selection, elect a new chairperson who
shall serve as chairperson until the Commission's next regular meeting in January. [AMENDED
11/10]
3.05 SECRETARY AND CHIEF EXAMINER. The Executive Department, through the
City Manager or designee, shall perform the duties of, and serve as, the Civil Service
Commission Secretary and Chief Examiner. [REVISED 8/01]
3.06 DUTIES OF THE SECRETARY AND CHIEF EXAMINER. The Secretary and Chief
Examiner shall attend the meetings of the Commission and shall administer personnel
functions of the classified service, enforce the provisions of the Civil Service Acts and these
Rules, except those functions and the duties reserved to the Civil Service Commission, and
shall perform all lawful and necessary duties delegated to him by the Commission, and all
functions essential to the effective administration of the civil service system.
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3.07 SECRETARY PRO TEM. hi the absence of the Secretary and Chief Examiner, the
City shall appoint a Secretary Pro Tem to act as secretary of the Commission until the return
of the Secretary and Chief Examiner. [AMENDED 11/10]
3.08 AMENDMENTS OF RULES. The Commission may amend these Rules or adopt new
Rules by majority vote of the Commission at any regular or special meeting of the
Commission.
3.09 EFFECTIVE DATE OF RULES. All Rules and amendments shall become effective
immediately upon their adoption by the Commission unless some later date is specified therein.
3.10 COPIES OF RULES. A copy of these Rules and a copy of all subsequent Rules or
amendments shall be sent as soon as practicable after adoption to each affected department of
the City. A copy shall be maintained in the office of the Commission (Human Resources
Office) for public inspection, and copies shall be available for public distribution as required
by State Law. [AMENDED 11/10]
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RULE 4: MEETINGS OF THE COMMISSION
4.01
Regular Meetings
4.02
Adjourned Regular Meetings
4.03
Special Meetings
4.04
Place of Meetings
4.05
Public Meetings
4.06
Executive Sessions
4.07
Rules of Order
4.08
Quorum
4.09
Communications
4.10
Minutes
4.01 REGULAR MEETINGS. Regular meetings shall be held the third Monday of each
month at 5:15 p.m., or at such other day or time as the Commission, at a prior meeting, may
designate. When the regular meeting day falls on a holiday, the Commission shall meet on the
next succeeding business day, unless, at a prior regular meeting, it designates some other day
for its meeting. [AMENDED 3/08] [AMENDED 7/15]
4.02 ADJOURNED REGULAR MEETINGS. The Commission may adjourn any regular
or adjourned meeting to a time and place specified in the order of adjournment. When so
adjourned, the adjourned meeting is a regular meeting for all purposes. When an order of
adjournment of a regular or adjourned meeting fails to state the hour at which the adjourned
meeting is to be held, it shall be held at the hour specified by rule for regular meetings.
4.03 SPECIAL MEETINGS. A special meeting may be ordered at any time by the
Chairman or by any two Commissioners by delivering written notice (in person, by mail, by e-
mail) to each member of the Commission, and by properly advising the public of the time and
place of such meeting by notifying press in the area. [AMENDED 11/10]
4.04 PLACE OF MEETING. All meetings shall be held in the Conference Room #1 in City
Hall, Pasco, Washington, unless the notice of a special meeting, or the order of adjournment
of a regular or adjourned meeting, specified some other place, or unless the Commission
determines at a prior meeting to meet at some other place. A notice stating where the meeting
will be held shall be publicly posted at least 24 hours before the time set for a meeting, stating
where the place of meeting is to be other than at the place set forth in these Rules. [AMENDED
11/10]
4.05 PUBLIC MEETINGS. All meetings of the Commission shall be open and public, and
all persons shall be permitted to attend any meeting of the Commission, except as otherwise
provided in Rule 4.06.
4.06 EXECUTIVE SESSIONS. The Commission may hold executive sessions to consider
the employment or dismissal of a public officer or employee in a civil service position. Except
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that all investigations made by the Commission pursuant to 41.08.090 and 41.12.090 shall be
made by public hearing. The Commission may also exclude witnesses and others as provided
in Rule 5.09. [AMENDED 1-84] [AMENDED I1/10]
4.07 RULES OF ORDER. Except as otherwise provided herein, Robert's Rules of Order
shall guide the Commission in its proceedings.
4.08 QUORUM. Two members of the Commission shall constitute a quorum, and the
concurrence of two members shall be necessary to any action.
4.09 COMMUNICATION.: Communications and requests to the Commission, insofar as
practicable, shall be in writing. The substance of each request and the action of the
Commission thereon shall be noted in the minutes.
4.10 MINUTES. The Secretary and Chief Examiner, or the Secretary Pro Tem, shall
record in the minutes the time and place of each meeting, the names of the Commissioners
present, all official acts of the Commission, and the votes of the Commissioners except when
the action is unanimous. When requested, a Commissioner's dissent or approval, with his
reasons, shall be recorded. The minutes shall be written and presented for correction and
approval at the next regular meeting. The minutes, or a true copy thereof, certified by the
Chairman or Chairman Pro Tem, and by the Secretary and Chief Examiner, or the Secretary
Pro Tem, shall be open to public inspection.
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RULE 5: HEARINGS
5.01 Right to a Hearing
5.02 Petition for Hearing
5.03 Time Within Which Petition Must be Filed
5.04 Presence of Commissioners at Hearings
5.05 Notice
5.06 Rights of Petitioner
5.07 Failure of Petitioner to Appear
5.08 Evidence
5.09
Exclusion of Witnesses
5.10
Testimony of Petitioner
5.11
Burden of Proof
5.1.2
Findings and Decisions
5.13
Report of Hearing
5.14
Transcript of Hearings
5.15
Judicial Review
5.01 RIGHT TO A HEARING. Any person entitled to a hearing before the Commission
under State Law or these Rules, or adversely affected by any action or decision of the Secretary
and Chief Examiner, or of the Commission, made without notice to and opportunity for such
person to be heard, may petition for a hearing before the Commission.
5.02 PETITION FOR HEARING. Such petition shall be in writing, signed by the petitioner,
giving his mailing address, the ruling from which he appeals, and in plain language and in
detail the facts and the reasons upon which his case is based. Any grounds or objections not
specifically stated in such request shall be deemed waived. A hearing on the merits may be
denied if the petition fails to state specific facts or reasons, or if in the opinion of the
Commission the facts and reasons stated, if true, would not entitle the petitioner to any relief,
but such denial shall be without prejudice to the filing of an amended petition, if the time for
requesting a hearing has not expired.
5.03 TIME WITHIN WHICH PETITION MUST BE FILED.
A. Unless otherwise provided in these Rules, a petition for hearing before the
Commission must be filed within the following time limits:
In a discharge or reduction matter ten (10) business days after mailing
of notice of discharge or reduction.
2. In an appeal from any ruling of the Secretary and Chief Examiner
concerning any aspect of an examination, five (5) business days after
receipt by the Commission of the report of examination under Rule 8.
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3. In all other matters, not later than ten (10) business days after the ruling
or order complained of.
B. The Secretary and Chief Examiner, or the Commission, may extend the time
for filing a petition where good cause for the delay is shown and it is shown that
other parties are not likely to suffer substantial hardship from such delay.
5.04 PRESENCE OF COMMISSIONERS AT HEARINGS. All hearings shall be held
before the Civil Service Commission, and all Commissioners shall be present.
5.05 NOTICE. The Commission shall set the matter for hearing and shall give a petitioner
at least ten (10) business days notice in writing of the date and place of such hearing. In
discharge or reduction hearings, similar notice shall be given to the appointing authority and
department head. [AMENDED 11/10]
5.06 RIGHTS OF PETITIONER. When a hearing is granted, the petitioner shall attend,
unless excused by the Commission under Rule 5.07, and shall be entitled to:
A. Be represented by counsel at such hearings;
B. Testify under oath;
C. Bring witnesses with him to testify for him;
D. Cross-examine all witnesses appearing against him and all employees of the
City whose actions are in question, or who have investigated any of the matters
involved in the case and whose reports are offered in evidence before the
Commission;
E. Impeach any witness before the Commission;
F. Present such affidavits, exhibits, and other evidence as the Commission deems
pertinent to the inquiry;
G. Argue the case.
The appointing authority and department director, the Secretary and Chief Examiner and other
members of the Commission staff, and any other person whom the Commission finds to be
interested in the matter, shall be entitled to the same privileges. [AMENDED 7/10]
5.07 FAILURE OF PETITIONER TO APPEAR. In all hearings before the Commission, the
failure of the petitioning employee to appear at the time and place set for hearing without good
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cause therefore being given to the Commission in advance, shall be deemed a withdrawal of
his petition and consent to the action or ruling from which his appeal was taken.
5.08 EVIDENCE. Hearings shall be informal and need not be conducted according to the
technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted
regardless of its source and the commissioners themselves shall decide the weight and
sufficiency of the evidence presented. The rules of privilege and of official or judicial notice
shall be effective to the same extent as in civil actions. Oral evidence shall be taken only under
oath or affirmation.
5.09 EXCLUSION OF WITNESSES. The Commission may, at its discretion, exclude
witnesses not under examination, except the Secretary/Chief Examiner, the petitioner or person
to be discharged or reduce, the appointing authority and department director, and counsel.
[Amended 1/841 [AMENDED 11/101
5.10 TESTIMONY OF PETITIONER. In discharge or reduction hearings, the petitioning
employee may be required to testify and may be cross-examined as to any matter relevant to
the hearing. In any other type of hearing, the petitioner, if he is not required to testify in his
own behalf, may be called and examined as if under cross-examination.
5.11 BURDEN OF PROOF. In hearings regarding suspension, demotion or discharge, the
burden of proof shall be on the appointing authority. In all other types of hearings, the burden
of proof shall be on the petitioner. [AMENDED 1/84] [AMENDED 9/151
5.12 DELIBERATION. The Commission may deliberate in closed (executive) session
when taking a disciplinary or other quasi-judicial case under advisement. Deliberations by the
Commission shall otherwise by subject to Chapter 42.30 RCW. No person other than the
Secretary -Chief Examiner and legal counsel to the Commission shall be present during
deliberation. No person shall attempt to convey any information or opinion to the Commission
concerning any matter on appeal, other than in open hearing. [ADDED 1110]
5.12 FINDINGS AND DECISIONS. Following each investigation by the Commission
concerning suspension, demotion or discharge, the Commission shall make formal Findings of
Fact. Findings of the Commission shall be certified by the Secretary/Examiner, in writing to
the City Manager, with a copy to the appropriate department director. The Commission may
announce its decision immediately following the conclusion of the evidence, or the
Commission may take the question under advisement. In the event the Commission does take
the question under advisement, it shall give its decision within five working days thereafter
and the same shall be entered in its minutes. Unless the decision provides otherwise it shall be
effective immediately. Notice of the decision shall be mailed promptly to the petitioner and to
any interested party. Except for the correction of clerical errors, such decision shall be final
and conclusive. [AMENDED 1/84] [AMENDED 11/101 [AMENDED 9/151
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5.13 REPORT OF HEARING. Hearings may be conducted without a stenographic reporter
provided, however, that either the Commission or the petitioning party may provide its own
stenographic reporter if such is felt advisable and the party requiring the presence of the
stenographic reporter shall pay the cost or fee for such reporting.
5.14 TRANSCRIPT OF HEARINGS. When hearings are reported or recorded by
employees of the Commission, a transcript of the testimony shall be furnished to any person
requesting the same on the payment of costs for preparation of each copy of such transcript.
When hearings are reported or recorded by independent contractors, a transcript shall be
available to any person on paying to the contractor the usual and reasonable charge for such
service.
5.15 JUDICIAL REVIEW. Any person aggrieved by a final decision of the Commission
after a hearing as provided in this Rule may make an appeal of the decision to the Superior
Court of Franklin County, Washington, by following the procedures set forth in RCW
41.08.090 (fire department employees) or RCW 41.12.090 (police department employees).
Such hearing shall be confined to the determination of whether the judgment or order of
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 for such ground or
grounds. RCW41.08.090,¶2 and 41.12.090,¶2. [AMENDEDI/84] [AmENDED 11/10] [AMENDED
9/15]
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RULE 6: CLASSIFICATION
6.01 Procedure and Effect
6.02 New Positions and a Classification Plan
6.03 Reclassification
6.01 PROCEDURE AND EFFECT. The appointing authority shall classify all positions in
the classified service, assigning to each class or position the appropriate title and the
experience, knowledge, capacity skill, education and other qualifications including the
minimum prerequisites to be required for appointment. The classification plan shall be so
developed and maintained that all positions substantially similar with respect to duties,
responsibilities and authority and character of work are included within the same class and that
the same schedules of compensation may be made to apply with equity under like working
conditions to all positions within the class. The classification plan so developed shall be
transmitted to the Civil Service Commission for adoption. The Secretary and Chief Examiner
shall allocate every position in the classified service to one of the classes established in the
plan. Thereafter, the class titles so established shall be used in all personnel, budget,
accounting and other financial documents and communications of the City. Additional classes
may be established and existing classes may be divided, combined or abolished in the same
manner as originally adopted. [REVISED 8/011
6.02 NEW POSITIONS AND A CLASSIFICATION PLAN. If the appointing authority
intends to establish a new position or positions, he shall notify the Secretary and Chief
Examiner and, except as otherwise provided by law or by these Rules, no person shall be
appointed or employed for any such position until it has been properly classified as herein
provided and an appropriate eligible list established therefore.
6.03 RECLASSIFICATION. Positions whose duties have changed materially so as to
necessitate reclassification shall be allocated to a more appropriate class whether new or
already created in the same manner as originally classified. No reclassification to a class
having either a greater or a lower maximum salary range shall be effective, however, unless
recommended by the appointing authority and approved by the Commission, nor shall
reclassification be used for the purpose of avoiding the restrictions surrounding demotions and
promotions. [REVISED 8/011
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RULE 7: APPLICATIONS AND APPLICANTS
7.01 Qualification of Applicants
7.02 Filing Time for Applications
7.03 Non -Acceptance of Applicant
7.04 Notice of Non -Acceptance
7.05 Appeals
7.06 Admission to Examination Pending Appeal
7.07 Amendment of Applications
7.08 Applications not Returned
7.01 QUALIFICATION OF APPLICANTS. In order to apply for examinations, at the time
of filing his or her application:
A. An applicant for any position under civil service in the City of Pasco must be a
citizen of the United States of America, who can read and write the English
language, who possesses an educational training equivalent to a four years high
school course, of an age suitable for the position applied for, of good moral
character, and meet the minimal medical physical standards for the position
approved by the appointing authority.
B. An applicant must meet all of the requirements specified in the official bulletin
announcing the examination as set forth in this or other applicable rules,
including those containing class specifications.
C. An applicant must file a completed application form giving fully, truthfully and
accurately all information required. A certification as to the truth and
completeness of the information contained in the application and the applicant's
signature shall be required on each application.
D. The Appointing Authority may establish prior to any examination additional
qualifications for applicants which shall be included in the Call for
Examination. [AMENDED 11/10]
7.02 FILING TIME FOR APPLICATIONS.
A. No application will be accepted for an examination until an examination for the
class has been announced, except that any person accepting a provisional
appointment pending examination must, before commencing work, file an
application with the City as provided in Rule 12. Applications must be received
at the office of the Chief Examiner not later than 5:00 p.m. of the last day for
filing as posted on the official bulletin board of the City (Human Resources
Office). [AMENDED 11/101
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B. Applications will be subject to amendment not later than 5:00 p.m. of the last
day for filing. The burden of proof of meeting requirements shall lie with the
applicant.
C. In case of any dispute as to the time of filing, the City's official time recorded
on the application shall be conclusive. [AMENDED 11/10]
D. The time for filing applications may be extended or reopened by the Secretary
and Chief Examiner as the needs of the service require, provided notice is
immediately posted on the official bulletin board.
7.03 NON-ACCEPTANCE OF APPLICANT. The Secretary and Chief Examiner, subject
to the right of any person aggrieved to appeal to the Commission as provided in Rule 5, may
refuse to examine an applicant, or may withhold the name of a person from the eligible list or
an eligible from certification who: [AMENDED 9/15]
A. Does not meet the requirements set forth in these Rules or in the bulletin
announcing the examination;
B. Is physically or mentally unfit to perform the duties of the position;
C. Is addicted to the use of intoxicating liquors or narcotics or habit forming drugs;
D. Is addicted to gambling or immoral practices or habits;
E. Is guilty of conduct not compatible with City employment, whether or not it
amounts to a crime;
F. Has been convicted of a crime of violence, or a felony; [AMENDED 11/103
G. Has been dismissed or has resigned in lieu of discharge from any position,
public or private, for any cause which would be a cause for dismissal from City
service; or whose record of employment has not been satisfactory in the City
service, or with any other employer;
H. Has abandoned any position in the City service or has been absent from duty
without leave of absence duly granted;
I. Has made any material false statement or who has attempted any deception or
fraud in connection with this or any other civil service examination;
Refuses to execute any oath as prescribed by law;
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K. Fails to appear for the oral board examination. [ADDED 11/101
L. Has previously been removed from eligibility for cause. [ADDED 111103
M. Fails to appear for fingerprinting as required by the Commission;
N. Has assisted in preparing, conducting, or scoring the examination applied for,
or who has in any other manner secured confidential information concerning
such examination which might provide unfair advantage over other applicants
in the examination;
O. Fails to appear for or fails to pass the medical examination prescribed by the
Commission;
P. Refuses to furnish all information required to complete the application;
Q. Who is knowingly a member of any organization which is included in the
official list of subversive organizations; or who is knowingly a member of any
organization which now advocates the overthrow of the Government of the
United States or of this State by force or violence or other unlawful means, or
who now advocates the support of a foreign government against the United
States in the event of hostilities;
R. Who has been discharged from the armed forces under conditions other than
honorable.
7.04 NOTICE OF NON-ACCEPTANCE. The person against whom action is taken under
Rule 7.03 shall be notified promptly of the reasons therefore. Written notice mailed, postage
prepaid, to the address shown on the application shall be effective on mailing. [AMENDED
11/10]
7.05 APPEALS. Any person aggrieved by any ruling of the Secretary and Chief Examiner
concerning an examination or the eligibility or disqualification of applicants, or the
withholding of name from certification, may appeal to the Commission in writing within five
(5) business days after notice of such ruling, as provided in Rule 5.
7.06 ADMISSION TO EXAMINATION PENDING APPEAL. The Secretary and Chief
Examiner may, at his discretion, admit to the examination any person whose application was
not accepted, pending final disposition of his appeal, such admission to be without prejudice.
7.07 AMENDMENT OF APPLICATIONS. The Secretary and Chief Examiner may permit
any applicant, whether or not his application has been accepted, to amend his application or to
file an amended application.
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7.08 APPLICATIONS NOT RETURNED. All applications, when completed and filed,
become the property of the City and thereafter may not be returned to the applicant. [AMENDED
11/10]
7.09 REAPPLICATION. No applicant who has failed the written or physical portion of the
examination process may reapply within six (6) months from the date on which the
examination was given. No applicant who has been removed from the eligibility list for failure
to meet department standards in connection with a pre-employment background investigation
or a conditionally offered psychological evaluation may reapply within two (2) years of the
date of removal from the eligibility list. [ADDED 9/151
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RULE 8: COMPETITIVE EXAMINATIONS
8.01 Examination to be Impartial
8.02 Notice of Examination
8.03 Competitive Examinations
8.04 Character of Examinations
8.05 Method of Testing
8.06 Time and place of Examination
8.07 Postponement or Cancellation of Examinations
8.08 Late Applicants
8.09 Inability to Appear
8.10 Veteran's Preference
8.11 Promulgation and Notification of Test Results
8.12 Inspection of Rating Standards
8.13 Protests Against Ratings to the Secretary and Chief Examiner
8.14 Report on Examination
8.15 Appeal to Commission
8.16 Correction of Clerical Errors
8.17 Rules Peculiar to Written Examinations
8.18 Rules Peculiar to Oral Examinations
8.19 Permanent Record of Examinations
8.20 Examination Fee
8.21 Subscription Testing Services Authorized
8.22 Subscription Testing Service Defined
8.23 Process Verification Subscription Testing
8.24 Certification Subscription Testing
8.25 Additional Subscription Testing
8.01 EXAMINATION TO BE IMPARTIAL. All examinations shall be fair and
impartial. So far as practicable, written examinations shall be so conducted that the identity of
applicants will not be known to the examiners or other persons scoring the answers. So far as
practicable, different parts of an examination shall be scored separately without the examiners,
or other persons scoring a part of the examination, knowing the applicants' scores in the other
parts of the examination. No person shall reveal before the completion of an examination any
information about such examination except in the official bulletin or by announcement to all
applicants or candidates equally.
8.02 NOTICE OF EXAMINATION. A written notice of each examination shall be
published in the official publication as designated by the City of Pasco and posted on the
official bulletin board at least one week prior to the date of the examination. Additional notice,
such as paid advertising or publicity, shall be given when the Secretary and Chief Examiner
deems it necessary in order to have a sufficient number of qualified applicants.
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8.03 COMPETITIVE EXAMINATIONS. All examinations shall be competitive. An
examination shall be deemed to be competitive when applicants are tested as to their relative
qualifications and abilities or when applicants are scored against a fixed standard.
8.04 CHARACTER OF EXAMINATIONS. The Chief Examiner shall prepare
examinations that are similar in character to those methods established for each classification's
most recent examination. The commission shall by motion, prior to any change in the character
from the most recent examination, determine the method of testing pursuant to Rule 8.05, the
procedure of the examination and the number of parts of each examination. The relative weight
for scoring purposes of each part, and the minimum passing score shall also be addressed in
the motion if those standards for each category of the examination are different from the
following standard or standards established in the most recent examination for each
classification; (weight for sub -categories of each of the following shall be established by the
Chief Examiner prior to the exam.)
weigh! minimum score
Written Test: 50 percent 70 percent
Oral Test: 50 percent 70 percent
The Chief Examiner may at his/her discretion establish minimum passing scores for each part
of the examination (provided the total score for each category meets the established minimum),
and may refuse to allow any applicant not achieving a minimum passing score in one sub-
category of the examination from proceeding with subsequent parts of that category of the
examination. [AMENDED 11/101
For entry level positions, the Chief Examiner may at his/her discretion, administer the written
test and then select the number of applicants for oral examination he/she determines reasonable
for the position being tested from the applicants with the highest scores from the examination.
The remainder of the applicants receiving passing scores on the examination will be selected
for oral examination from time to time as determined necessary in consideration of anticipated
job openings and the size of the existing eligible list established from applicants who have
completed both the oral and the written testing. [REVISED 8/011
Promotional examination may be made by Assessment Center method (rather than the entry
written/oral examination method) at the department director's request. [ADDED 11/10]
8.05 METHOD OF TESTING. The qualification and fitness of applicants shall be
determined either individually or in a group or groups by one or more of the following methods:
A. Written tests;
B. Oral tests of knowledge or ability;
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C. Interviews covering general qualifications, education, training, and/or
experience;
D. Performance tests (working tests);
E. Physical tests of strength, stamina, agility or dexterity;
F. Evaluation of education, training, experience or other qualifications as shown
by the application, or by other information submitted, or by the record;
G. Any other appropriate measure of fitness.
8.06 TIME AND PLACE OF EXAMINATION. Whenever applicants are required to
appear for an examination, the time and place shall be designated in the official bulletin or the
applicants shall be notified in person, by mail, or by telephone. Any examination under this
Rule held outside of the City of Pasco may be administered by any person designated to give
the examination by the Secretary and Chief Examiner.
8.07 POSTPONEMENT OR CANCELLATION OF EXAMINATIONS. The
administration of an examination, or any part thereof, may be postponed or canceled at any
time. Notice of such postponement or cancellation shall be posted on the official bulletin board
and mailed or telephoned to the applicants. In an emergency, where time does not permit such
notice, an examination may be postponed or canceled or the place of examination changed by
posting a notice on the official bulletin board as soon as possible and in a conspicuous location
at the time and place originally set for the examination.
8.08 LATE APPLICANTS. Whenever applicants are required to assemble for a test, no
applicant will be admitted after the designated time except at the discretion of the Secretary
and Chief Examiner.
8.09 INABILITY TO APPEAR. If an applicant is unable to appear at the time or place
designated, the Secretary and Chief Examiner may, at his discretion, arrange to give him the
examination at another time or place, if the Secretary and Chief Examiner find:
A. That substantial and sufficient reasons exist for the inability to appear;
B. That no fraud will be perpetrated; and
C. That no person taking the examination will be materially prejudiced or assisted
in passing the examination by reason of such special privilege.
If such examination is administered, it will be conditional on the signing of an affidavit by the
applicant to the effect that he has no prior knowledge of the examination content.
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8. 10 a. VETERAN'S PREFERENCE. Veterans who have passed an examination shall be
entitled to credit pursuant to Chapter 41.04 RCW or other law. [AMENDED 1-84] [AMENDED
11/10]
b. POLICE RESERVE OFFICER SERVICE CREDIT. Pasco Police Reserve Officers
determined to meet the criteria outlined in Pasco Police Department Policy and Washington
State law related to Reserve Police Officer, shall receive credit of two and one-half percent (2
'/2%), per full year of service, up to a maximum of ten percent (10%). The Chief Examiner
shall be the final authority for determining Service Credit. [ADDED 7/15]
8.11 PROMULGATION AND NOTIFICATION OF TEST RESULTS. After all parts of
an examination have been completed and scored, the Secretary and Chief Examiner shall draft
an eligibility list, subject to the approval by the Commission by motion, and an applicant shall
be notified: [AMENDED 1 v1o]
A. When passing, of his total score, including veteran's credit and/or Reserve
Officer Service credits and relative standing where applicable, and the days
during which he may inspect his papers; or [AMENDED 7/15]
B. When failing, of his failure to achieve a passing grade, and the days during
which he may inspect his papers, subject to Rule 8.12. [AMENDED 11/101
8.12 INSPECTION OF RATING STANDARDS. The applicants shall be allowed a period
of three (3) business days, following the mailing date of notification of examination results, in
which each may inspect his answers and the rating standards by which he has been rated during
any part of the examination, except that:
A. Copyrighted or standardized tests shall not be subject to review.
During such inspection, the applicant shall not be allowed to remove copies of any of the test
questions or answers from the inspection room where all protests must be completed.
8.13 PROTESTS AGAINST RATINGS TO THE SECRETARY AND CHIEF
EXAMINER. If the applicant believes that an error has been made, he may, during the final
three-day period referred to in the preceding rule, make a protest in writing, staring specifically
where he believes the error has been made. Each protest shall be in writing and shall give
specific facts and reasons to support the protest. No protest may be made after the three-day
period. Upon receipt of a written protest or request for rerating, a review of the protest shall
be made by the Secretary and Chief Examiner, who shall pass on all such protests or requests
and make necessary correction in grades or rating.
8.14 REPORT ON EXAMINATION. After the expiration of the three-day period and after
the Secretary and Chief Examiner has passed on all protests and has corrected any errors, he
shall submit a complete report on each examination to the Commission, including a report on
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all protests in connection with the examination and the disposition of such protests, and shall
rank the applicants according to their relative scores.
8.15 APPEAL TO COMMISSION. Any persons aggrieved may appeal to the Commission
from the ruling of the Secretary and Chief Examiner pursuant to Rule 5.03 within five (5)
business days after the report of examination has been placed in the hands of the Civil Service
Commission. No correction made by the Secretary and Chief Examiner or by the Commission
shall affect any appointment made from a certification made prior to the correction.
8.16 CORRECTION OF CLERICAL ERRORS. Any clerical error may be corrected by
the Secretary and Chief Examiner upon discovery at any time during the life of the eligible list,
but no such correction shall affect an appointment made from a certification made prior to the
correction.
8.17 RULES PECULIAR TO WRITTEN EXAMINATION. Written examinations shall
be copyrighted or standardized tests and shall be given, supervised and graded by the Secretary
and Chief Examiner. Provided, that the Chief Examiner may appoint qualified Assistant
Examiners to facilitate the conduct of any examination.
8.18 RULES PECULIAR TO ORAL EXAMINATIONS. The Commission shall designate
qualified and competent persons to serve as an oral examiner or as an oral review board to
conduct any oral examinations. The selected examiner or examiners shall submit the questions
that will be asked and the recommended answers thereto to the Chief Examiner.
8.19 PERMANENT RECORD OF EXAMINATION. The Commission shall preserve the
following record of each examination for a period of five (5) years from the date of
examination:
A. All copies of the written examination.
B. All questions submitted by the examiner for the oral examination and the
answers thereto.
C. The explanatory statement concerning the standards and relative weights
assigned to each examination.
D. The individual answers given by each applicant in those parts of the
examination when answers on record thereto can be maintained.
E. A summary or narrative statement of the examination showing the method of
testing used or the general nature of the examination, the weights of the various
parts, the time and place each part was given, the minimum scores required, if
any, and the names of the examiners.
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8.20 EXAMINATION FEE. A non-refundable test fee may accompany each application
for testing unless the fee is waived by the Secretary and Chief Examiner upon a claim of
indigence by the applicant. A claim of indigence must be based upon the submission by the
applicant of a signed, notarized affidavit submitted with the application for employment.
[ADDED 2-88] [REVISED 3-00] [AMENDED 11/10]
8.21 SUBSCRIPTION TESTING SERVICES AUTHORIZED. The Secretary/Chief
Examiner, following approval by the commission, may enter into contracts with one or more
Subscription Testing Services. [ADDED 3/02]
8.22 SUBSCRIPTION TESTING SERVICE DEFINED. "Subscription Testing Services"
means a person or organization offering a service that tests and maintains lists of candidates
for employment who have successfully completed the Subscription Testing Service process.
[ADDED 3/02]
8.23 PROCESS VERIFICATION SUBSCRIPTION TESTING. The Secretary/Chief
Examiner shall verify that the Subscription Testing Service provides qualified testing resources
that are content valid and job-related. [ADDED 3/02]
8.24 CERTIFICATION SUBSCRIPTION TESTING. All applicants certified as a qualified
candidate by the Subscription Testing Service shall be reviewed and approved by the
Commission prior to referral to the appointing authority. Following qualification of candidates
pursuant to the procedure set forth in the contract with the Subscription Testing Service,
candidates may be certified as eligible for appointment to the Appointing Authority.
By motion or other approval, the Commission may delegate to the Secretary/Chief Examiner
the review and approval of candidates. Upon such delegation, the Secretary/Chief Examiner
shall verify that candidates for placement on the eligible register meet the minimum eligibility
requirements for employment.
Candidates qualified for appointment pursuant to the procedures established in this Rule shall
be placed (in a separate register, entitled "Contract Register") (on the register in the same rank
and order as lists maintained by the Subscription Testing Service). Provided, however that
candidates rejected by the Commission for 1) not satisfying any test requirement; 2) not
completing probation; or, 3) following certification, not responding to the appointing authority
for consideration, shall be removed from the eligible register. [ADDED 3/02]
8.25 ADDITIONAL SUBSCRIPTION TESTING. Candidates qualified pursuant to a
Subscription Testing Service shall be subject to such additional testing as may be required by
the Commission or the appointing authority. Such testing shall include, but not be limited to,
background, polygraph, psychological, physical agility, oral, written or video testing. [ADDED
3/02]
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RULE 9: ELIGIBLE LISTS
9.01 Eligible List Created
9.02 Order of Names on Eligible List
9.03 Tie Scores
9.04 Disclosure of Names of Eligibles
9.05 Duration of Eligible List
9.055 Selective Certification List
9.06 Integrated Eligibility List
9.07 Canvass of Eligible List
9.08 Rejection of Eligible - Dropped from List
9.09 Effect of Appeals
9.10 Continuous Testing Eligibility List
9.11 Continuous Testing Defined
9.12 Certification Continuous Testing
9.13 Additional Continuous Testing
9.14 Removal of Names Continuous Testing
9.01 ELIGIBLE LIST CREATED. The Secretary and Chief Examiner shall promulgate an
eligible list resulting from examinations, as provided for in Rule 8. A separate eligible list or
lists for lateral entry may be promulgated at the request of the appointing authority and
approval of the Commission. [AMENDED 8/86]
9.02 ORDER OF NAMES ON ELIGIBLE LIST. The names of applicants who pass an
examination shall be entered upon the eligible list for the class in order of standing in a
competitive examination, including veteran's credit or other applicable credits, and without
preference as to priority of time of examination.
9.03 TIE SCORES. Whenever two or more applicants in a competitive examination have
the same final grade, priority shall be determined by highest grade on most heavily weighted
part of the examination.
9.04 DISCLOSURE OF NAMES OF ELIGIBLES. The eligible list, including the names
and final scores of all those who passed the examination, shall be open to public inspection.
9.05 DURATION OF ELIGIBLE LIST. An eligible list shall be in effect for one year from
the date of certification by the Civil Service Commission, unless it is extended (see below) or
superseded as provided by CSR 9.06. Before the expiration of an eligible list, the Commission
may extend the period of eligibility for one year at a time for all eligibles who still meet the
announced qualifications for the position and who are available for employment. [AMENDED
2/88] [AMENDED I1/10]
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An eligible list which has been extended shall be terminated automatically upon certification
of an eligible list from a new examination for the class. [AMENDED 11/103
An eligible who has been in the active service of the armed forces of the United States during
part or all of the effective period of an eligible list shall be entitled to extended eligibility
provided that he files written request for such eligibility with the Commission within 90 days
from termination of such service. Such extended eligibility shall be equal to the period to
which he was entitled at the time of entering such service. [AMENDED 1/84]
9.055 "SELECTIVE CERTIFICATION LIST". Upon request of the Appointing Authority
to the Secretary/Chief Examiner a list of candidates otherwise eligible shall be provided to the
Appointing Authority. The list will identify candidates in rank order, consistent with Rule
9.02, and will only include the candidates who meet the requirements for selective certification
as described by the Appointing Authority. Selective certification of eligible candidates may
be authorized by the Secretary/Chief Examiner when the Appointing Authority demonstrates
that the needs of the service require particular skills or expertise. Examples of opportunity for
selective certification include particularized training (paramedic; motorcycle), language skills
and technology expertise (polygraphy, information/data systems skills).
The eligibility list, entitled "Selective Certification List" shall be used by the Appointing
Authority in accord with Rules 10.06 and 10.07 toward fulfillment of specified needs in each
Department. [REVISEDI/03]
9.06 INTEGRATED ELIGIBILITY LIST. The appointing authority may request the
Secretary and Chief Examiner to administer an entry-level examination for any selected
classification during any quarter of any calendar year. The Secretary and Chief Examiner shall
promulgate an eligible list resulting from any such examination. An applicant whose name is
already on an existing eligibility list for the classification may elect to take the new
examination or keep his/her current score for the new eligibility list, if he was last tested within
365 days of the date set for the new examination; PROVIDED, in the event the new
examination differs from the examination(s) last given so that in the determination of the
Secretary/Chief Examiner the competitive process would be undermined were the scores to be
mixed, all applicants must take the new examination to be eligible for placement on the new
list. If the election is to re -take the examination, the score that is achieved on the most recent
examination (whether higher or lower) shall become the applicant's score on the newly
promulgated eligible list. [ADDED 2/881
9.07 CANVASS OF ELIGIBLE LIST. Whenever he believes the needs of the service
require, the Secretary and Chief Examiner shall ascertain the availability for employment of
persons whose names appear on an eligible list. [RENUMBERED 2/88]
9.08 REJECTION OF ELIGIBLE - DROPPED FROM LIST. The name of any person may
be withheld from certification or removed from the eligible list for any of the reasons in Rule
10.03. [RENUMBERED 2-88; AMENDED 1/84]
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9.09 EFFECT OF APPEALS. No appeal shall affect the eligible list or an appointment
made from a certification made during the pendency of the appeal. When the appeal is
terminated, the Secretary and Chief Examiner shall add the name of the appellant to the eligible
list at the appropriate place if it has been determined that he is entitled to be on the eligible list.
[RENUMBERED 2/881
9.10 CONTINUOUS TESTING ELIGIBILITY LIST. The Secretary/Chief Examiner,
following approval by the Commission, may establish any eligibility list for use by applicants
tested through and certified for eligibility through this continuous testing process. [ADDED 3/021
9.11 CONTINUOUS TESTING DEFINED. Continuous testing shall mean a written
examination or a standardized physical fitness/agility test conducted pursuant to set and
commonly applied standards whose results shall be valid for a period of one calendar year from
the date of certification to a Continuous Testing Initial Eligibility list. Continuous testing may,
at the discretion of the Commission, be offered through the Secretary/Chief Examiner or
pursuant to a subscription testing agreement. [ADDED 3/02]
9.12 CERTIFICATION CONTINUOUS TESTING. Applicants certified pursuant to a
continuous testing process shall be placed on a Continuous Testing Initial Eligibility list.
Certification shall be in accordance with the rules and regulations of this commission. As each
applicant is placed in accordance with his or her scores and veteran's preference (if applicable)
the placement of all others on the list shall be adjusted. [ADDED 3/023
9.13 ADDITIONAL CONTINUOUS TESTING. Applicants placed upon this
eligibility list shall be subject to such other testing processes as the Commission shall direct,
including but not limited to oral boards or any other testing process conducted by the
Commission or by a subscriber pursuant to Rule 8.05 [ADDED 3/021
9.14 REMOVAL OF NAMES CONTINUOUS TESTING. The names of candidates
certified to this eligibility list shall remain on the list until either certified to a secondary hiring
list following an oral board or other testing as established by the commission, the expiration
of one year from the date of certification or until the candidate has been hired by another public
safety organization. Names may be removed upon notification by the candidate, upon the
written notification of another public safety employer or an entity providing subscription
testing. [ADDED 3/021
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RULE 10 CERTIFICATION AND APPOINTMENT
10.01 Certification from Eligible List
10.02 Priority of Lists
10.03 Withholding names from Certification or Removing Names from
Eligible Lists
10.04 Restoration to Certification
10.05 Effect of Removal, Withholding or Restoration
10.06 Appointment of Eligibles
10.07 Selective Certification process
10.08 Lateral Entry Certification process
10.01 CERTIFICATION FROM ELIGIBLE LIST. Upon request for certification of names
to fill a vacancy, the Secretary and Chief Examiner shall certify to the Appointing Authority
the names of persons standing highest on the appropriate eligible list, in accordance with Rule
10.06, and willing to accept the position for which certification is made. [CORRECTED 11101
10.02 PRIORITY OF LISTS. When a re -instatement list exists for the class in which a
vacancy exists, it shall be exhausted before any certification can be made from an eligible list.
[AMENDED 11/101
10.03 WITHHOLDING NAMES FROM CERTIFICATION OR REMOVING NAMES
FROM ELIGIBLE LISTS. The name of an eligible may be withheld from certification or
removed from an eligible list when the person:
A. Expresses unwillingness or inability to accept appointment, or refuses offer of
an appointment without adequate explanation;
B. Fails to respond within five (5) business days next succeeding the mailing of
written inquiry regarding availability for regular employment or request to
appear for interview regarding such employment; [AMENDED 11/10]
C. Fails to present himself for duty at the time agreed upon after having accepted
an appointment;
D. Cannot be reached in time for appointment when immediate temporary
employment is required, but this shall apply only to such immediate temporary
employment;
E. Has accepted appointment to a position in a comparable civil service
classification with another government agency. [AMENDED 11/10]
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F. Fails to present the license, registration, certificate or any other credentials
required; the name of any such eligible may be restored for certification when
the particular requirement has been met;
G. Fails to maintain a record of current address with the City as evidenced by the
return of properly addressed unclaimed letter, or other evidence; [AMENDED
11/10]
H. Willfully violates any of the provisions of these Rules or any applicable law;
I. Has accepted permanent appointment to a position with similar responsibilities
(to the position for which the list was created) with an agency or entity not
related to the City of Pasco, since the list was created.
For any other reason as determined by the Appointing Authority and/or the
Chief Examiner, or any reason enumerated in Rule 7.03. [AMENDED 9/15]
10.04 RESTORATION TO CERTIFICATION. When the name of a person has been
withheld from an eligible list or from certification it may be restored thereto by the Secretary
and Chief Examiner or by the commission on appeal within five (5) business days after notice
of the decision, or under the following circumstances: [AMENDED 9/151
A. Where the withholding was because of the unwillingness or inability of the
employee to accept an appointment, or failure to respond to inquiry as to
availability, to appear for interview, or to present himself for duty, and the
applicant presents a good and valid reason for such unwillingness, inability or
failure, and certifies to the Secretary and Chief Examiner that s/he is now
willing and able to accept appointment; [AMENDED 11/10] [AMENDED 9/151
B. Where the withholding was for a reason stated in Rule 7.03, and such reason no
longer exists. [AMENDED 9/15]
10.05 EFFECT OF REMOVAL, WITHHOLDING OR RESTORATION. The removal or
withholding of a name shall automatically advance all of the names below it on the eligible
list.
Restoration of a name to an eligible list under these Rules shall not affect an appointment from
any certification made before such name was restored or added.
The acceptance or refusal by an eligible to a temporary appointment shall not affect his
certification from the eligible list for permanent appointment.
10.06 APPOINTMENT OF ELIGIBLES. In filling vacancies by appointment from an
eligible list, the Secretary/Chief Examiner, pursuant to the request of the appointing authority,
shall certify in writing to the appointing authority the names of the five (5) persons highest on
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the eligibility list for each vacancy, subject to the rules herein for the selective certification
process and lateral entry certification process and, except for the positions of fire and police
chiefs, if there are five (5) such persons available. A copy of this certification shall be
presented to the Commissioners at their next regular meeting. [AMENDED 2/06]
The appointing authority shall attempt to appoint one of those certified persons to such vacant
position. ht the event the appointing authority, for a good cause, cannot make an appointment
of one of the persons on the certified list of names then the appointing authority shall request
the submission of five (5) additional names of persons next highest on the eligible list; if such
are available whereupon, the appointing authority shall effectuate an appointment of one of
those additional certified persons to such vacant position. If the appointing authority finds
good cause to reject each of the certified persons on the first list of five (5), a report in writing
from the appointing authority shall be provided to the Commission explaining the reasons why
an appointment to the vacant position could not be made. [AMENDED 2/06]
Under those circumstances provided in Rule 10.07 the names of the five (5) highest ranking
eligibles from a Selective Certification List designated in the request shall be certified in
addition to the five (5) highest ranked eligibles on an eligible list. The Appointing Authority
shall forthwith appoint one of the certified persons to such vacant position, except that if a
person is selected for appointment from the Selective Certification List, the appointment shall
not be confirmed until the notification and hearing process under Rule 10.07 is concluded.
[AMENDED 8-87; AMENDED 3-84] [AMENDED 1/02] [AMENDED 2/06]
Under those circumstances provided in Rule 10.08 the names of the five (5) highest ranking
eligibles within a range of 10 percent below the top ranking eligible on the particular list, not
taking Veteran's preference into account, shall be certified in addition to the five (5) highest
ranked eligibles on an eligible list. [ADDED 8-86, AMENDED 8-87] [AMENDED 2/06]
10.07 SELECTIVE CERTIFICATION PROCESS. hi order to meet the specific employment
needs of the service in Civil Service employment, the following selective certification shall be
employed by the Appointing Authority: [AMENDED 1/021
When it is contemplated by the Appointing Authority to appoint someone other
than one of the five (5) highest ranking eligibles, the Appointing Authority shall
first file a Notice of Intent with the Secretary/Chief Examiner of the Civil
Service Commission. This Notice of Intent shall include the reason, or reasons,
for such selection and the specific eligibility list for which Notice of Intent has
been filed. [AMENDED 1/02] [AMENDED 2/06]
2. The Notice of Intent shall be available in the office of the Civil Service
Commission Secretary for review by any eligible on the list, or his/her
designated representative and posted on the official bulletin board of the
appropriate department for a period of seven (7) working days.
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Upon the receipt of an objection from a person whose name is on the eligible
list, the appointment, if any has been made, shall be held in abeyance until the
Civil Service Commission hears the matter and renders a decision. [AMENDED
1/021
4. Decisions of the Civil Service Commission in these matters, pursuant to the
Rules of the Commission for hearings, shall be final and binding on all parties.
5. If no objection is filed within the posting period, then the Appointing Authority
may move ahead with making the appointment and the right of a person on the
eligible list to make objection and have a hearing on the matter is waived.
10.08 LATERAL ENTRY CERTIFICATION PROCESS. hi order to provide a timely and
efficient means of eliminating problems of understaffing in the Pasco Police Department/Pasco
Fire Department and reduce the high cost of training new Police Officers/fire fighters and
firefighter paramedics, the following lateral entry certification procedure may be employed by
the appointing authority: [AMENDED 11/101
When it is contemplated by the Appointing Authority to appoint someone from
the lateral entry certification list, the Appointing Authority shall first file a
Notice of Intent with the Secretary of the Civil Service Commission. This
Notice of Intent shall include the reason, or reasons, for such selection.
2. The Civil Service Commission at its next regular meeting or at a special meeting
shall approve or disapprove of an appointment from the lateral entry
certification list, based upon the reasonableness of the appointment considering
the then current manpower shortage in the department and/or the department's
budgetary circumstances. [ADDED 8/861
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RULE 11: PROBATION
11.01 Probationary Period
11.02 Length of Probationary Period
11.03 Interruption of Probationary Period
11.01 PROBATIONARY PERIOD. After appointment from an eligible list, an employee
shall serve a complete period of probation before appointment or promotion is complete.
No new probationary period results from a transfer, or reduction, of an employee who
previously completed a probationary period.
11.02 LENGTH OF PROBATIONARY PERIOD. The period of probation shall be twelve
(12) calendar months from the date the employee begins full-time work and training under the
supervision of the department director, i.e., twelve (12) calendar months following successful
completion of the Academy. If an employee is absent from duty for a prolonged period while
on approved leave during a probationary period, and the appointing authority does not have a
reasonable opportunity to evaluate the performance of the employee, the appointing authority
may, with the approval of the Commission, calculate the probationary period on the basis of
twelve (12) calendar months of actual service, exclusive of the time away on leave. [REVISED
3-00] [AMENDED 11/10]
11.03 INTERRUPTION OF PROBATIONARY PERIOD. Whenever the probationary
period of an employee in a position in one class is interrupted due to appointment to a position
in another class and the employee subsequently returns to a position in the first class during
the second probationary period, the probationary period for the first appointment shall continue
until completed.
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RULE 12: TEMPORARY AND PROVISIONAL APPOINTMENTS
12.01 Temporary Appointments
12.02 Provisional Appointments
12.01 TEMPORARY APPOINTMENTS. A person may be employed in a temporary
position only for the duration of the temporary work. If the position is made regular, it must
be filled by appointment on a regular basis in accordance with Rule 10. A person given a
temporary appointment may not be transferred or changed to any other position and shall never
attain regular status from such appointment. Such temporary employment may continue only
so long as the facts justifying a temporary appointment exist, and in no event shall exceed a
period of longer than four (4) months. All temporary appointments shall be made from an
eligible list for the position, following Rule 10.06 procedure, if such list exists, if not then a
provisional appointment may be made. [AMENDED 1-84] [AMENDED 11/10]
12.02 PROVISIONAL APPOINTMENTS. Provisional appointment without examination
may be made when there is no appropriate eligible list, or persons on the list are not available
or cannot be contracted, and when the Appointing Authority certifies and supports with
adequate facts that an emergency exists. Such provisional appointment must be approved by
the Commission, the provisional appointee must meet the requirements for and file application
for examination for the class and such appointment may continue only until such time as the
position can be filled from an eligible list. No person shall receive more than one provisional
appointment or serve more than four (4) months as a provisional appointee in any one (1) fiscal
year.
An emergency exists when:
A. Life, health or property is in jeopardy;
B. The immediate employment of a currently available applicant is imperative
because of extreme recruitment difficulties;
C. The work program of a City department will be impaired if the position is left
vacant and the work cannot be deferred or reassigned;
D. A vacancy will result in failure to perform legally required functions or to meet
deadlines imposed by law.
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RULE 13: LEAVES OF ABSENCE
13.01 Leaves of Absence with Pay
13.02 Leaves of Absence Without Pay
13.03 Military Leave of Absence
13.04 Expiration or Termination of Leaves of Absence
13.05 Reports of Leaves of Absence
13.01 LEAVES OF ABSENCE WITH PAY. Leaves of absence from regular duties, with
pay, may be granted by the Appointing Authority only under such conditions. [AMENDED
11/10]
13.02 LEAVES OF ABSENCE WITHOUT PAY. Leaves of absence from regular duties,
without pay, for such purposes as recovery from a prolonged illness or injury or to restore
health, or for education or training, or assisting another public agency, may be granted by the
Appointing Authority when such leave is in the best interests of the City. [AMENDED 11/10]
Leaves of absence for qualified reasons under state and/or federal law will be granted by the
Appointing Authority.
13.03 MILITARY LEAVE OF ABSENCE. Military leave of absence shall be granted by
the Appointing Authority in accordance with the provisions of the applicable sections of
federal and state law. [AMENDED 11/10]
13.04 EXPIRATION OR TERMINATION OF LEAVES OF ABSENCE. The Appointing
Authority may terminate any leave of absence by written notice to the employee concerned
whenever the conditions or reasons justifying the leave no longer exist, unless upon appeal of
the employee to the Commission it is found that the termination is not justified. Upon
termination or expiration of leave, the employee shall return to duty forthwith. The employee
shall be returned to the same class or position as occupied when leave of absence was granted,
or may be returned to such other position as may be authorized by these Rules. An employee
who fails to return to duty upon termination or expiration of leave shall be considered as absent
without leave and subject to disciplinary action. No such disciplinary action may be taken by
the Appointing Authority prior to a Commission decision if an appeal has been filed.
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RULE 14: DISCHARGE, DEMOTION, SUSPENSION, OTHER DISCIPLINARY
ACTIONS AND RESIGNATION
14.01 Causes for Discharge, Demotion, Suspension, and Other Disciplinary
Actions
14.02 Conditions of Discharge, Demotion, Suspension, and Other
Disciplinary Actions
14.03 Hearing on Reasons for Disciplinary Action
14.04 Criminal Acts
14.05 Insufficient Facts
14.06 Decisions
14.07 Probationary Period
14.08 Time for Discharge or Demotion of Probationer
14.09 Resignations
14.01 CAUSES FOR DISCHARGE, DEMOTION, SUSPENSION, AND OTHER
DISCIPLINARY ACTIONS. An employee may be discharged or suspended without pay from
the City service or demoted or deprived of vacation or other privileges for any of the following
reasons:
A. Who is physically or mentally unfit to perform the duties of the position held;
B. What is addicted to the use of intoxicating liquors, narcotic or habit forming
drugs;
C. Who is addicted to gambling or immoral practices or habits;
D. Who is guilty of conduct not compatible with City employment, whether or not
it amounts to a crime;
E. Who has been convicted of a crime of violence, or a felony [AMENDED 111101
F. For incompetence, inefficiency or inattention to or dereliction of duty;
G. For dishonesty, insubordination, discourteous treatment of the public, or of a
fellow employee, or any other act or omission or commission tending to injure
the public service; or any other willful failure of proper conduct on the part of
the employee; or any willful violation of the provisions of the applicable State
Laws or these Rules;
H. For directly or indirectly receiving or soliciting political contributions for any
party or political purpose;
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I. For improper or unauthorized use of City equipment;
J. Who shall engage in any business or activity extraneous to his duties under the
Civil Service, which, in the judgment of the Appointing Authority shall tend to
divert his attention from his duties or render him inefficient or unfit for Civil
Service; [AMENDED 11/101
K. For violation of City or Departmental policy, Rule or Regulation.
14.02 CONDITIONS OF DISCHARGE, DEMOTION, SUSPENSION, AND OTHER
DISCIPLINARY ACTIONS. A regular employee may be discharged from Civil Service or
demoted or suspended without pay, or deprived of vacation or other privileges, only after he
has been notified in writing, of the reasons for such action. Such notice shall state in general
terms the accusations upon which the disciplinary action is based, and the employee shall be
allowed ten (10) business days from date of service of such notice in which to reply thereto in
writing and request a hearing before the Commission. Such notice of disciplinary action shall
state the time allowed for answer and for requesting a hearing before the Commission. A copy
of such notice and a copy of the reply, if any, must be filed in duplicate with the Commission.
The appointing authority shall submit to the Commission evidence showing that the employee
has been served with the Notice of Disciplinary Action. Provided, however, the discharge of a
regular employee may occur, only after the employee has waived or exercises his right to a
departmental pre -discharge hearing, according to the procedure for such hearings adopted by
the Appointing Authority. The decision of the hearing officers at the pre -discharge hearing
shall be advisory only to the Appointing Authority or his designee. This requirement shall not
prevent the Appointing Authority from suspending an accused employee pending completion
of the pre -discharge hearing. (AMENDED 1/84.) [AMENDED 11/10]
14.03 HEARING ON REASONS FOR DISCIPLINARY ACTION. If the regular employee
to be discharged, demoted, suspended or otherwise disciplined pursuant to Rule 14.02 so
requests, the Commission shall proceed in accordance with Rule 5. A public hearing pursuant
to Rule 5 shall be held by the Commission. [AMENDED 11/10]
14.04 CRIMINAL ACTS. Where the facts alleged in the notice of disciplinary action
constitute a crime, and the employee has requested a hearing under Rule 14.03 within the time
allowed in Rule 5, he may, at any time, at least one day before the date of the hearing, request
a continuance of his civil service hearing for a reasonable period to determine whether a
criminal charge will be filed or until after termination of the criminal case. Such a request
must be accompanied by a waiver of salary for the period of the continuance, in case the
employee is later reinstated.
14.05 INSUFFICIENT FACTS. The Commission may find in an appropriate case, without
a hearing, that the specific facts alleged in the notice of disciplinary action, if true, are not
sufficient under all the circumstances to justify the action.
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14.06: DECISION. (1) After its investigation the Commission may, if it finds that the
disciplinary action of the Appointing Authority was made in good faith and for cause and not
for political or religious reasons, either
A. affirm the disciplinary action, or
B. in lieu of affirming the disciplinary action, may modify the disciplinary action
by ordering a suspension without pay, for a given period and subsequent
restoration to duty, or demotion in classification, grade or pay, or order such
other greater or lesser punishment as befits the conduct of the employee under
investigation.
(2) If, however, after its investigation the Commission shall find that the disciplinary action
of the Appointing Authority was made for political or religious reasons, or not in good faith
and for cause, the Commission shall order the immediate reinstatement or re-employment of
such person in the office, place or position of employment from which the person was removed,
suspended, demoted or discharged, which reinstatement shall if the Commission so provides
in its discretion, be retro -active and entitle such person to pay or compensation from the time
of such removal, suspension or discharge. (AMENDED 1/84.)
14.07 PROBATIONARY PERIOD. Any employee who is serving a probationary period
may be discharged or demoted by the Appointing Authority 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, or in the job classification.
[AMENDED 7/10]
14.08 TIME FOR DISCHARGE OR DEMOTION OF PROBATIONER. To be effective,
the written notice of discharge or demotion of a probationary employee must be served and
become effective before midnight of the last day of the probationary period.
14.09 RESIGNATIONS. Resignations shall be in writing and directed to either the
Appointing Authority or department director. A resignation shall be effective on the date
designated therein, and if no date is designated it shall be effective immediately. All
resignations must be accepted by the Appointing Authority. A resignation, once it has become
effective or has been accepted by the Appointing Authority may not be withdrawn without the
consent of the Appointing Authority. A resignation claimed to have been obtained by duress
or fraud may be treated by the Commission as a notice of discharge, provided the employee
notifies the Commission that such resignation was not voluntary and demands a hearing within
ten (10) business days after the filing with the Secretary and Chief Examiner of a report
showing such resignation. [AMENDED 11/10]
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RULE 15: LAYOFFS AND RE-EMPLOYMENT LISTS
15.01 Layoffs
15.02 Employment Status and Order of Layoff
15.03 Order of Layoff
15.04 Ties in Seniority -- Performance Rating
15.05 Reduction
15.06 Voluntary Reduction in Lieu of Layoff
15.07 Re -Employment List
15.08 Name Dropped
15.01 LAYOFFS. The Appointing Authority may lay off or reduce an employee when
necessary:
A. For reasons of economy or lack of work; or
B. Where there are more employees than positions in any class within the
department.
15.02 EMPLOYMENT STATUS AND ORDER OF LAYOFF. Layoffs and reductions shall
be made by class of position and by department. In each class of position in which there is to
be layoff or reduction, employees shall be laid off according to employment status in the
following order: provisional, temporary, probationary, permanent.
Provisional and temporary employees shall be laid off according to the needs of the service as
determined by the department head.
Probationary employees shall be laid off or reduced in inverse order of seniority in the class in
the department.
Regular employees shall be laid off or reduced as provided in Rule 15.03. [AMENDED 7/101
15.03 ORDER OF LAYOFF. In case there are two (2) or more regular employees in the
class from which layoff or reduction is to be made, such employees shall be laid off or reduced
on the basis of seniority. [AMENDED 7/10]
15.04 TIES IN SENIORITY --PERFORMANCE RATING. In case two (2) or more persons
have the same seniority, layoff or reduction shall be made on the basis of the employees' last
performance rating as follows:
FIRST, all employees having rating of `unsatisfactory';
SECOND, all employees having rating of `fair';
THIRD, all employees having rating of `good';
FOURTH, all employees having rating of `very good';
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FIFTH, all employees having rating of `excellent'.
15.05 REDUCTION. The Appointing Authority may, if he deems it for the best interests of
the City, make reductions in lieu of layoffs in higher classes and thereby cause layoffs only in
the lower classes. Such reductions shall be made in the same manner and subject to the same
restrictions as provided for under Rules 15.02, 15.03 and 15.04.
15.06 VOLUNTARY REDUCTION IN LIEU OF LAYOFF. An employee who anticipates
being laid off, or who is so laid off, may, not later then ten (10) business days after notice of
such layoff, request a reduction to a lower class in lieu of layoff if such position exists, is vacant
and is eligible to be filled. [AMENDED 1lno]
15.07 RE-EMPLOYMENT LIST. The names of persons laid off or reduced in accordance
with these Rules shall be entered upon a re-employment list in inverse order of layoff.
15.08 NAME DROPPED. Name(s) of person(s) laid off or reduced in lieu of layoff shall be
carried on a re-employment list for two (2) years, except that the names of persons appointed
to regular positions of the same level as that from which laid off shall, upon such appointment,
be dropped from the list. Persons reduced or re-employed in a lower class, or re-employed on
a temporary basis, shall be continued on the list for the higher class for two (2) years.
[AMENDED 11/10]
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RULE 16: CERTIFYING SALARY ACCOUNTS
Note: salaries/wages are determined by the collective bargaining agreement under the Public
Employment Relations Commission (PERC).
[AMENDED 11/10]
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Amended September 2015
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RULE 17: CLASS SPECIFICATIONS FOR POLICE
17.01 Class Specifications
17.01 CLASS SPECIFICATIONS: As prescribed in Rule 6, the positions of the Police
Department shall be allocated to classifications established herein on the basis of level of
responsibility, authority assigned, and qualifications required. The Classifications for the
Police Department shall include the following: (Changed 4/88.) [AMENDED 1 viol
A.
Police Chief
B.
Police Captain
C.
Police Sergeant
D.
Police Corporal
E.
Police Officer
F.
Police Crime Specialist
G.
Police Services Specialist
Note: RCW 41.12.050(b) allows the City to exempt positions from Civil Service classification
and authority. The exempted positions for the City of Pasco are: Police Chief, Police chief's
secretary, and the Police Captains. [AMENDED 11/10]
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RULE 18: CLASS SPECIFICATIONS FOR FIREMEN
18.01 Class Specifications
18.01 CLASS SPECIFICATIONS: As prescribed in Rule 6, all full paid positions of the Fire
Department shall be allocated to classifications established herein on the basis of level of
responsibility, authority assigned, and qualifications required. The Class Specifications for the
Fire Department shall include the following:
A.
Fire Chief
B.
Assistant Fire Chief
C.
Fire Captain
D.
Fire Lieutenant
E.
Fire Fighter
F.
Firefighter Paramedic
G.
Fire Battalion Chief
Note RCW 41.08.050 allows the position of Fire Chief to be exempted from the Civil Service
classification and authority. [AMENDED 11/101 [AMENDED 2/11] [AMENDED 7/15]
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