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Home My WebLink About4237< 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ORDINANCE N0. 4 2 3 7 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, REPEALING AUBLIRN CODIFIED CITY ORDINANCE 2.57.010 (ADOPTING THE STATE CIVIL SERVICE LF1W) AND 2.57.020 (CREATING CITY OF AUBURN CIVIL SERVICE COMMISSION) AND ENACTING A NEW AUBURN CODIFIED CITV ORDINANCE 2.57.010 AND 2.57,020, WITH THE EXCE:PTIONS HEREIN- AFTER ENUMERATED, BY ADOPTING BY REFERENCE R.C.W. CHAPTER 4].O8 (CIVIL SERVICE - CITY FIREMEN) AND R.C.W. CHAPTER 41.12 (CIVIL SERVICE - CITY POLICE) AND ESTABLISHING REVERSIONARY RIGHTS FOR PERMANENTLI' APPOINTED POLICE AND FIRE PERSONNEL AS HEREINAFTER ENUMERATED; AND RE(2UIRIN6 THE AUBURN CIVIL SERVICE COMMISSION TO SUBMIT THE NAMES OF THREE: (3) ELIGIBLE APPLICANTS THAT TEST HIGHEST TO THE APPOINTING AUTHORITY FOF; EACH POSITION OPEN IN THE AUBURN POLICE AND FIRE DEPARTMENTS, AND THEREAfI'ER AUTHORIZING THE APPOINTING AUTHORITY TO SELECT THE BEST QUALIFIED APPLICANT FOR THAT POSITION FROM THE NAMES OF THE THREE (3) ELIGIBLE APPL.ICANTS. WHEREAS, R.C.W. 41.08.010 (City Firemen) and R.C.W. 41.1f:.010 (City Police) authorizes cities such as the City of Auburn to adopt civil service regulations which substantially accomplish the purposes of R.(:.W. Chapters 41.08 and 41.12 of the laws of the State of Washington; and WHEREAS, it has been recognized that cities such as Aubur•n have some latitude in the construction of a civil service system so lonq as that system substantially accomplishes the purposes of state civil service law; and WHEREAS, it has been recognized that cities such as Aubur•n are to be given flexibility in adopting civil service regulations cover�ing municipal police officers and firefighters; and WHEREAS, it is found that cities such as Auburn need a cEartain amount of flexibility to designate a limited number of positions to be f�xempt from the application of police and fire civil service regulations, in order to form a team best suiting the needs of the citizens of the City of Auburn; and WHEREAS, it is found that certain administrative positions hereinafter exempted from Auburn police and fire civil service positions are deemed necessary to ensure the most desirable and efficient administrative accomp- lishment of goals, policies and legislative directions of the elected offi- cials of the City of Auburn; 1 2 3 4 5 6 7 8 9' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 WHEREAS, it is found that principals of inerit and tenure are maintained when police and fire personnel assigned to exempt civil servic:e positions retain their rights to revert to their prior classified civil service positions in appropriate circumstances; and WHEREAS, the Legislature and the Governor of the State oi` Washington have recognized the foregoing concerns by enacting Substitute House� Bill No. 902 excepting individuals appointed as Fire Chief or Police Chief from inclusion under the classified civil service laws of the State of Washirigton and ordi- nances of the City of Auburn after July 1, 1987; and WHEREAS, the Legislature and the Governor of the State oi` Washington have further recognized the foregoing concerns by enacting R.C.W. ��1.14.070 of the laws of the State of Washington, excepting from the classifiecl Civil Service of counties, anywhere from two (2) to six (6) County Deputy Slieriffs and other employees of the office County Sheriff; and WHEREAS, and pursuant to the foregoing, with the exceptinn of the reversionary rights hereinafter set forth, the Auburn Civil Se�rvice Commission will not have jurisdiction over such exempt positions, as here�inafter set forth, in the Auburn Police and Fire Departments. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF AUBURN, W1ISHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Auburn Codified City Ordinances 2.57.010 (Adopting the State Civil Service Law) and 2.57.020 (Creating City of Auburn Civill Service Commission) are hereby, upon the effective date of this Ordinance, repealed, Section 2. There is herewith created a new Auburn Codifiied City Ordinance 2.57.010 (Adopting the State Civil Service Law) and 2.57.020 (Creating City of Auburn Civil Service Commission) and with the exception of the following sections of this Ordinance R.C.W. Chapter 41.0£! (Civil Service - City Firemen) and R.C.W. Chapter 41.12 (Civil Service - City Police) are hereby adopted by reference. Pursuant to R.C.W. 35A.12.140 nf the laws of the State of Washington said statutes are herewith adopted by reference and �� 2 3 4 5 6 7 8 9 10' 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 need not be published in a newspaper as provided in R.C.W. 35P�,12.160, but this Ordinance shall be so published and a copy of said Chapters of R.C.W. Chapter 41.08 and R,C.W. Chapter 41.12 adopted by reference herein, with amendments or additions, if any, in the form in which it is adopted, shall be authenicated and recorded by the clerk along with this adopting Ordinance. Not less than one (1) copy of said statute with amendments or additions, if any, in the form in which it is adopted shall be filed in the office of the City Clerk for use and examination by the public while said statutes are under consideration by the Auburn City Council. Prior to adoption, not less than one (1) copy thereof shall be filed in the office of the City Clerk for exami- nation by the public. Section 3. The positions of Police Chief and Assistant F�olice Chief in the Police Department and Fire Chief and Assistant Fire Chief, are herewith found to be administrative policy making and policy formulation positions within those respective departments and those positions are herewith exempted from the classified Civil Service of the City of Auburn. Section 4. Any person hereinafter appointed to the uncla,ssified position of Police Chief or Assistant Police Chief in the Auburn Police� Department, or Fire Chief or Assistant Fire Chief in Auburn Fire Department after July 1, 1987, shall retain his/her Civil Service status. Upon being r•elieved from such position, except where such relief from that position is due to convic- tion of malfeasance or misconduct in office, or because of physical or mental disability rendering him or her incapable of performing the duities of his or her office shall have the right to revert to the civil service� rank previously held by that individual in the Auburn Police or Fire Departmerits. His or her seniority standing and benefits shall be computed on the same basis as though he or she had rendered service in a classified position as set: forth in these Rules. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20. 21 22 231 24 25 26 27 28 29 Section 5. The Mayor shall have the duty of establishinc� administrative requirements, required knowledge, skills and abilities, and d�istinguishing features of work for the exempt positions of Auburn Police Ch'ief, Assistant Police Chief, and Fire Department positions of Fire Chief and Assistant Fire Chief. Section 6. The Auburn Civil Service Commission is requir•ed to submit the names of three (3) eligible applicants that test highest to the appointing authority for each position open in the Auburn Police and Fire� Departments, and thereafter authorizing the appointing authority to select the best qualified applicant for the position from the names of the thr•ee (3) eligible applicants. Section 7. If any provision of this Ordinance or its application to any person or circumstance is held invalid the remainder thereof, or the applica- tion of any provisions thereof to other persons or circumstanr,es shall not be effected. Section 8. The Mayor is hereby authorized to implement such administra- tive procedures as may be necessary to carry out the directions of this legislation. Section 9. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: JULY 20, 1987 PASSED: JULY 20, 1987 APPROVED: JULY 20, 7 `� M A Y 0 R ATTEST: