Loading...
HomeMy WebLinkAboutR-1998-152 Agreement / Lane Powell Spears Lubersky / Civil Service Commission / Human Resources• • RESOLUTION NO. R-98-152 A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a legal services agreement between the City of Yakima and the law offices of Lane Powell Spears Lubersky LLP in order to provide legal services to the various City Civil Service Commissions. WHEREAS, the City Charter Civil Service Commission, the Fire Civil Service Commission, and the City Police Civil Service Commission ("Commissions") require professional attorney services to provide independent legal advice; and WHEREAS, and in particular, the Police Civil Service Commission requires a legal opinion regarding the legality of the Police Civil Service Rules and Regulations ("Proposed Rules") proposed by the Yakima Police Patrolmans Association ("YPPA") and the City Police Department; and WHEREAS, and regarding the Proposed Rules, the YPPA has objected to the City Legal Department providing a legal opinion to the Police Civil Service Commission on the basis that the Legal Department has previously advised the Police Department on civil service matters and has either a potential or actual conflict of interest; and WHEREAS, on other occasions the City Legal Department has not been able to provide independent legal advice to the Commissions because of ethical and legal restrictions; and WHEREAS, Lane Powell Spears Lubersky LLP has the experience and expertise necessary to provide independent legal advice to the Commissions and is willing to do so in accordance with the terms and conditions of the attached agreement; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Lane Powell Spears Lubersky LLP in accordance with the terms of the attached agreement in order to provide legal services to the Commissions, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated Legal Services Contract with Lane Powell Spears Lubersky LLP for the purpose of providing legal services to the City Charter Civil Service Commission, the Fire Civil Service Commission, and the City Police Civil Service Commission. (1k)res/legal services/pm -1 ADOPTED BY THE CTTY COUNCIL this 17th day of November, 1998. ATTEST: ,Q City Clerk (1k)res/legal services/pm - 2 llli/ / - Maryi,race, Mayor Pro- Tem LEGAL SERVICES CONTRACT THIS LEGAL SERVICES AGREEMENT, hereinafter "Agreement", is entered into by and between the City of Yakima, a municipal corporation, hereinafter the "City", and Lane Powell Spears Lubersky LLP, hereinafter the "Firm". WHEREAS, the City Charter Civil Service Commission, the Fire Civil Service Commission, and the City Police Civil Service Commission ("Commissions") require professional attorney services to provide independent legal advice; and WHEREAS, and in particular, the Police Civil Service Commission requires a legal opinion regarding the legality of the Police Civil Service Rules and Regulations ("Proposed Rules") proposed by the Yakima Police Patrolmans Association ("YPPA") and the City Police Department; and WHEREAS, and regarding the Proposed Rules, the YPPA has objected to the City Legal Department providing a legal opinion to the Police Civil Service Commission on the basis that the Legal Department has previously advised the Police Department on civil service matters and has either a potential or actual conflict of interest; and WHEREAS, on other occasions the City Legal Department has not been able to provide independent legal advice to the Commissions because of ethical and legal restrictions; and WHEREAS, Lane Powell Spears Lubersky LLP has the experience and expertise necessary to provide independent legal advice to the Commissions and is willing to do so in accordance with the terms and conditions contained herein. NOW, THEREFORE, in consideration of the mutual covenants, promises, conditions and agreements set forth herein, it is agreed by and between the City and the Firm as follows: 1. Legal Services. The Firm agrees to provide an independent legal opinion to the Commission regarding the legality of Police Civil Service Rules and Regulations ("Proposed Rules") proposed by the Yakima Police Patrolmans Association and the Police Department for approval by the Commission at its June 1, 1998 regular business meeting. A copy of the Proposed Rules is attached hereto as Exhibit "A". 2. Consideration. The City agrees to compensate the Firm a flat fee of no more than Eight Hundred and Fifty Dollars ($850.00) for the preparation and issuance of an independent legal opinion regarding the legality of said Proposed Rules. Page 1 of 3 Ok).gr/legal servmea ramra<t/pm 3. Additional Legal Services. The Firm agrees to provide additional independent legal advice and services to any of the Commissions when so requested. The City will compensate the Firm for such additional services in accordance with the attached "Engagement of Services" Letter, dated October 27, 1998, and attached hereto as Exhibit "B" and incorporated herein by this reference. Request for additional legal services is subject to the limitations of budget authority as established by the Yakima City Council. 4. Term of Agreement. The term of this Agreement shall be effective upon execution and shall continue indefinitely with the understanding that it is to be reviewed and, if appropriate, modified each calendar year; provided, however, that either the City or the Firm may terminate this Agreement, with or without cause, by giving ten (10) days written notice of termination. 5. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 6. Integration. This written document constitutes the entire agreement between the City and the Firm. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 7. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand delivered to the parties to their addresses as follows: TO CITY: Chief Examiner Civil Service Commission City Hall 129 North 2nd Street Yakima, WA 98901 TO FIRM: Craig W. Hanson, Esq. Lane Powell Spears Lubersky LLP 2120 Caton Way SW, Suite B Olympia, WA 98502 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. Page 2 of 3 pk)>g/legal services contract/pm 8. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 9. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. CITY OF YAKIMA By: =h,5 Date: Dick Zais, City Manager / 7— / C7 ATTEST: LANE POWELL SPEARS LUBERSKY LLP By: Craig W. Hanson, Partner Date: City Clerk City Contract No. 98-123 8 Resolution o. R-98-152 Page 3 of 3 Ok)agpeeal sa,+nce.co„o-act/pm BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1 1 For Meeting Of November 17, 1998 ITEM TITLE: Resolution authorizing the City Manager to execute a Legal Services Contract with Lane Powell Spears Lubersky LLP SUBMITTED BY: Tim Carlson, Charter Civil Service Commission Chairman Jesse Cox, Civil Service Commissioner Beverly Warren, Civil Service Commissioner William Wright, Police Civil Service Commissioner CONTACT PERSON/TELEPHONE: Carol Bates/576-6619 SUMMARY EXPLANATION: A new set of Police Civil Service Rules and Regulations ("Proposed Rules") was submitted by the Yakima Police Patrolmans Association ("YPPA") and the Police Department for approval by the Police Civil Service Commission at its June 1, 1998 meeting. The Commission directed Paul McMurray, Assistant City Attorney, to review and advise the Commission concerning the legality of the Proposed Rules. On July 22, 1998, James Cline, legal counsel for the YPPA, objected to Mr. McMurray reviewing the Proposed Rules on the grounds that he had either an actual or potential conflict of interest because he had previously represented and advised the Police Department on various matters involving the Police Civil Service Commission. A copy of Mr. Cline's letter is attached hereto for your reference. In order to avoid any conflict of interest, the Commission now desires to have outside legal counsel review the Proposed Rules. The attached resolution and contract would allow the Commission to obtain an advisory legal opinion from the law firm of Lane Powell Spears Lubersky LLP and provide for future legal services, if needed, within the limitations of budget authority as established by the City Council. Resolution X Ordinance Contract X Other(Specify) Funding Source APPROVED FOR SUBMITTAL:' ` T City Manager STAFF RECOMMENDATION: BOARD/COMMISSION RECOMMENDATION: Adopt resolution authorizing execution of legal services contract. COUNCIL ACTION: (1k)agenda/legal services 3/pm C E CLINE &' EMMAL ATTORNEYS AT LAW July 22, 1998 Mr. Bill Wright Yakima Police Civil Service Commission 129 North 2nd Street Yakima, WA 98901 Re: Civil Service Procedures RECE;` . CITY OFy, 'JUL 2 3 OFFICE OF CITY KItAmes i4. Cline Patrick 4. Emmal 1998Alex J. 4kalbania Sydney J. Vinnedge MANAGER Dear Mr. Wright: I am writing this letter on behalf of the Yakima Police Patrolman's Association. I am writing to raise with you concerns the YPPA has relating to certain procedures followed by the Police Civil Service Commission. The first concerns Commissions' utilization of counsel. Without expressing or implying any criticism or concern of Paul McMurray's professionalism, we must express our objection that the Commission is not utilizing an independent counsel as is authorized by the statute but rather is using the counsel employed by the City of Yakima. First, in some given cases there is likely to be a conflict of interest and second, even if in many cases there is no actual conflict of interest we are concerned that reliance on the city's attorneys creates the appearance of unfairness which could raise doubts in the minds of both our members and the public concerning the Commissions' independence. We are concerned, and would suggest you should be as well, that the lack of independent counsel creates the appearance that the Civil Service Commission is not independent but is a mere instrument of the city of Yakima. Our members favor an independent Civil Service Commission and towards that end we would encourage the selection of independent counsel in all legal matters. Even if on certain cases it might be argued that there is no conflict between the city of Yakima and the Civil Service Commission so that it might be proper for Paul McMurray to provide the Civil Service Commission advice, it is clear that in certain other cases, such as a disciplinary appeal, there is an insurmountable conflict of interest. It is not comforting for our members to know that the attorney appearing on behalf of the city urging the Civil Service Commission to uphold discipline has been in other context providing the Commissionlegal advice. Again, this raises in our minds a question of the appearance of fairness. A second concern we wish to raise with you relates to the making of motions by non- members of the Police Civil Service Commission during meetings of the Police Civil Service Commission. Even if the Police Civil Service Commission chooses to meet jointly with other Civil Service Commissions, it is highly irregular to allow non-members of the Police Civil 6800 East Green Lake Way North, Suite 250 • Seattle, Washington 98115 (206) 524-3431 • Fax (206) 524-3572 • E-mail clinemmal@clinemmal.com ® 907-,1 July 22, 1998 Page 2 Service Commission make such motions and ruling view it establishes st bli nes the potential for a challenge to the validity of any such decision org Y among our mPmhers On certain civil service issues, we may face differing opinions even as to the appropriateness or desirability ofe in given e ouxir nanner dWhat thatthe when they arefavors made be whole, however, is that decisions be mad subject to be some degree of finality rather thvan e further rt�ee rounds �s��lµ*igatio.�ne over ytand the Police used to make such decisions. In this respect Civil Service Commission all have shared mutual interests. We hope these concerns will be received in the constructive manner in which they are offered. Thank JMC/cdb yn,u for your attention to these matters. cc: Paul McMurray Richard Zais Chief Don Blesio Randy Ruegsegger Very truly yours, C& Emmal ,11 r aines M. Cline c DRAFT IF31T q GENERAL RULES AND REGULATIONS OF THE CIVIL SERVICE COMMISSION FOR POLICE EMPLOYEES OF THE CITY OF YAKIMA CSR -P April 7. 1998 Adopted , 1998 (Superseding Former Rules and Regulations) CIVIL SERVICE COMMISSIONERS FOR POLICE AND FIRE William R. Wright Chairman Jesse Cox Beverly Warren Carol Bates Chief Examiner POLICE AND FIRE CIVIL SERVICE COMMISSION TABLE OF CONTENTS POLICE GENERAL RULES Pave Definitions Rule I General Powers and Duties Rule II Meetings and Quorum Rule III Amendment Rule IV Suspension or Modification of Rules Rule V Prohibition Against Discrimination Rule VI Secretary/Chief Examiner Rule VII Classification Rule VIII General Qualifications Rule IX Applications for Examination Rule X Qualifications for Police Officer Rule X Rule XI Rule XII Rule XIII Nature of Entry Level Examinations Conduct of Entry -Level Examinations Medical and Physical Examination Examinations for Promotion Rule XIV Rule XV Appointments on Basis of Merit, Etc. Register of Eligibles, Reinstatement Register, Requisitions and Appointments, and Re-employment Register Rule XVI Probationary Period, Employment, Promotion - Inspection of Examination Records Rule XVII Performance Evaluation Rule XVIII. Disciplinary Actions Rule XIX Leaves of Absence Rule XX Layoffs, Voluntary Reductions in Rank and Military Leaves Rule XXI Reports To Be Made Rule XXII Outside Employment Rule XXIII Severability GENERAL RULES AND REGULATIONS OF THE YAKIMA CIVIL SERVICE COMMISSION FOR POLICE EMPLOYEES ADOPTED , 1998 (Superseding All. Former Rules and Regulations) Pursuant to the provisions of Chapter 31 of the 1935 Session Laws of Washington, as subsequently amended and as hereafter amended, (Sec. 41.08.010 to Sec. 41.08.910 RCW, both inclusive) and to the provisions of Chapter 13 of the 1937 Session Laws of Washington, as subsequently amended and as hereafter amended, (Sec. 41.12.010 to Sec. 41.12.910 RCW, both inclusive), and to the provisions of Chapter 269, Sec. 1 of the 1969 Session Laws of Washington, First Extraordinary Session as subsequently amended and as hereafter amended, (Sec. 41.04.005 RCW) and to the provisions of Chapter 170 of the 1974 Session Laws of Washington, Third Extraordinary Session, as subsequently amended and as hereafter amended (Sec. 41.04.010 RCW), the Civil Service Commission of the City of Yakima, a city of the first class, hereby adopts the following rules and regulations: WHEREAS, the Yakima Civil Service Commission for the Yakima Fire Department and for the Yakima Police Department, has the came perconncl: therefore, in order to save expense, and to provide a uniform policy for Civil Service; IT IS ORDERED: That whenever said Commission shall handle matters relating to the Yakima Police Department it shall be deemed sitting as a Commission under the provisions of the Police Civil Service Act of said State, as now or hereafter amended or supplemented. It shall not be necessary for the minutes of the Commission to set forth in what capacity it is acting, where it otherwise appears that it is handling matters of a particular department and these rules and regulations except where related to a particular department, shall apply to the Police Department of the City of Yakima. CSR -P 1 4/7/98 POLICE CIVIL SERVICE DEFINITIONS 1. APPOINTING AUTHORITY -- The City Manager or designee, as provided for in City Charter, Article II, Section 9, Subsection 2, and Section 11. 2. CAUSE -- Any action or inaction which the Civil Service Commission deems appropriate justification for a disciplinary action, including termination, suspension or discharge. 3. CERTIFICATION -- The process by which the Examiner provides the appointing authority, upon requisition, the name(s) of the individual(s) ranked highest on the eligible list. 4. CLASSIFICATION -- A group of permanent jobs sufficiently similar in duties, responsibilities, authority and minimum qualifications to permit combining them under a single title, and to permit the application of common standards for selection and compensation. The terms rank or grade may be used interchangeable with the term class or classification. 5. CLASSIFICATION SERIES -- A series of one or more classes similar in work but differing in difficulty, responsibilities, entrance qualifications and pay range. 6. DAYS -- All reference to days shall mean calendar days. 7. DEMOTION An appointment A disciplinary reduction to a lower classification with a lower range of pay. 8. DEPARTMENT -- A11 commissioned personnel of the Police Department other than Police Management. 9. ELIGIBLE -- The condition of being qualified for a classification or a person who has become qualified for a classification by examination, prior service, or other methods deemed appropriate by the Commission. 10. (REGULAR) EMPLOYEE -- An employee who has successfully completed the probationary period for any classification governed by these Rules. 11. OPEN/COMPETITIVE EXAMINATION - An examination open to all candidates who meet the specified requirements. 12. PREFERRED ELIGIBLE LIST - A separate Civil Service register composed of former employees who have taken leaves of absence for more than 90 days. 13. PROMOTIONAL EXAMINATION: An examination to create a register for a higher classification limited to employees in the Yakima Police Department who have completed their probationary period and meet the specified requirements. 14. PROMOTION - Appointment from a register to a classification with a higher range of pay. 15. REDUCTION IN FORCE -- Layoffs necessitated by the need to reduce staffing levels. CSR -P 2 4/7/98 16. REDUCTION IN RANK -- The movement of an employee from one classification to another classification having a lower maximum rate of pay. 17. REINSTATEMENT REGISTER - A separate Civil Service register composed of employees laid -off because of curtailment of funds, reduction in force and for like causes. 18. RELATIVES Any fathcr, mother, brother, cictcr, wife, hucband, father in law, mother in law, brother in law, sicter con in law, daughter -in law, 18. REPRIMAND - A formal written rebuke of an employee's conduct by the appointing authority, chief of the department or his designee. Documentation of an cmployce'c conduct by the appointing authority which is written and placed in the official perconnel file, 19. SECRETARY -CHIEF EXAMINER -- Whenever the term "Examiner" appears, it shall mean the Secretary -Chief Examiner or designee. 20. SERVICE -- Aggregate time in employment not including interruptions due to removals, resignation, leaves of absence without pay or reductions in force exceeding 90 days or suspensions without pay. 21. SUSPENSION -- A temporary removal from duty, with or without pay, of an employee for a disciplinary purpose or for the purpose of investigating accusations brought against an employee, including any loss of accrued time. RULE I. GENERAL POWERS AND DUTIES Generally, the Civil Service Commission shall have all powers and perform all the duties authorized by RCW Title 41, its amendments, and applicable Washington State statutes. RULE II. MEETINGS AND QUORUM Sec. 1. The Commission shall hold regular monthly meetings o e fourth Wednesday of each month at the hour of 3:00 p.m. unless there is no pending business requiring Commission action. in which event The Examiner shall give written notice of the meetings eairIC--e--1-1-a-t-21-4241 to all interested parties. Regular meetings shall be held in the Council Chambers of Yakima City Hall unless the notice of any particular meeting specifies some different location for that meeting. The Commission may hold special meetings on the call of the Chairman or any two members, as may be necessary or convenient to conduct business of the Commission. Notices to all interested parties shall be given as to the date and time of Commission meetings at least seven days prior to the meeting unless notice is waived by all affected parties. Sec. 2. A majority of the Commission shall constitute a quorum. CSR -P 3 4/7/98 RULE III. AMENDMENT These rules and regulations may be amended from time -to -time by the Civil Service Commission at any special meeting or at any regular meeting of the Commission. The Commission shall not amend these rules without prior notification of association representatives and the department Police Chiefs. This shall not preclude the Commission from amending these rules under emergency situations. RULE IV. SUSPENSION OR MODIFICATION OF RULES In cases of public emergency or whenever the public interest may require, the Commission may, in its discretion, by majority vote, suspend or modify the age, height/weight proportion, minimum medical and health standards, and educational requirements set forth in these Rules. RULE V. PROHIBITION AGAINST DISCRIMINATION The right of any person to an appointment or promotion to any classification in the classified service of the Police Department of the City shall not be withheld because of sex, race, color, creed, national origin, political affiliation, religious er belief, or disability handicap unless based upon a bona fide occupational qualification, nor shall any person be disciplined, dismissed, demoted, transferred or reduced in grade for such reasons. No application or examination shall contain questions so framed as to elicit such information. RULE VI. SECRETARY/CHIEF EXAMINER Sec. 1. The Civil Service Commission shall appoint a Chief Examiner The Chief Examiner shall be subject to suspension, reduction, or discharge in the same manner and subject to the same limitations as are provided in the case of members of the Firc or Police Departments. Sec. 2. The Examiner shall keep the records of the proceedings of the Commission for the Police Department, shall have charge of and be responsible for the safekeeping of the books, records, papers, and other property in the office of the Commission; shall make certifications of those eligible for appointment or employment; shall generally conduct the correspondence of the Commission and perform such other appropriate duties as may be assigned. Sec. 3. The Examiner shall, with thc approval of thc Comminnion, prepare or obtain the examination questions and tests for the applicants for the Police Department of the City; the Examiner or a designated representative shall be personally present at all examinations and shall supervise examinations, mark and grade all papers in a fair and impartial manner. All questions used in any examination, promotional or otherwise, may be reviewed approved by the Commission, and the Commission may add to, modify or withdraw any questions. Sec. 4. No person shall act as Examiner in any examination where any applicant is a relative of the Examiner. If the Examiner is disqualified, or fails to act as such Examiner for any reason, the Personnel Officer or designee shall act as Examiner pro tem and have the powers to perform the duties of the Examiner with relation to such examination. CSR -P 4 4/7/98 Sec. 5. The Examiner shall not disclose the results of any examination Except, without the consent of the person examined, or by order of the Commission. Except the Examiner shall upon completion of the examination, provide the Police Chief with a ranking of individuals passing the examination. RULE VII. CLASSIFICATION Sec. 1. The Classified Civil Service covered hereby shall include all employees listed in Section 2. Sec. 2. In making examinations, certifying for appointments and promotions, and otherwise carrying out the provisions of RCW Title 41, and these Rules, respectively, the classifications shall be set forth in accordance with the character of the various services to be performed, which classifications, as established by ordinance, are as follows: Police Chief Captain Lieutenant Police Sergeant Police Officer RULE VIII. GENERAL QUALIFICATIONS Sec. 1. An applicant for any classification under the Civil Service must be able to be lawfully employed as a Police Officer in the United States and the State of Washington, be able to read and write the English language, possess a high school diploma or its equivalent, eax be able to perform the duties of the classification applied for, and must be in good health, be of good moral character, have a good credit rating, pocccce good perconaiity, and possess good judgment and aptitude. Sec. 2. Unless otherwise provided in these Rules, no person will be admitted to examination for Police Officer who is less than 21 years of age. Height and weight measurements must be proportionate. Each applicant must be physically fit and may be required to pass an appropriate physical strength and agility examination and must be capable of arduous duty. Sec. 3. No person may be appointed, transferred, demoted or promoted to the Police Department into a position which would create an obvious conflict of interest with another person. An example of an obvious conflict of interest would include the following: A. Authority or practical power to for appointing, supervising or disciplining the other person. B. Be Responsiblcility for auditing the work of the other person. Nothing in this section is intended to prevent appointment, transfer, demotion, or promotion when such action may be reasonably accommodated without compromising department operations. CSR -P 5 4/7/98 RULE IX. APPLICATIONS FOR EXAMINATION Sec. 1. All applications for examination, other than promotional, shall be made on the standard City of Yakima Application for Employment form or Application for Promotional Form. Sec. 2. Any willful false statement made by any person in connection with the application for examination shall be good cause for exclusion from the register of eligibles or for removal or discharge from employment. Sec. 3. An incomplete application shall be returned with notice to amend. Sec. 4. Where it appears that the applicant is disqualified for examination, the applicant must be so notified. Sec. 5. All applications and accompanying certificates not returned for correction shall remain on file with the Examiner. Sec. 6. The burden shall be upon an applicant for any classification under Civil Service to show possession of the required qualifications. RULE X -I. NATURE OF ENTRY LEVEL EXAMINATIONS Sec. 1. The Examiner, or designee, with the concurrence of the Personnel Officer and Chief of the Department shall choose the examination for a classification. Examinations shall be practical in nature and of such character as to determine the capacity of the applicant to perform the duties of the particular classification for which the applicant is competing. A passing score of 75% is e = -- - - - -- required on each test included in the examination which is given a numerical score. An examination shall normally consist of a test or a combination of the following tests: A. A written test. B. A performance test. C. An oral test. D. Physical ability test. E. An evaluation of experience and training. The Examiner may assign relative weights to each test. Sec. 2. In the event the Examiner determines that the number of applicants responding to an examination announcement is excessitre in relation to the number of projected job openings, the Examiner may limit admission to the remainder of the examination to those scoring highest on a preliminary test or a combination of tests listed in Sec. 1 of this Rule. The number of applicants allowed to complete the examination shall be at least twice the number of anticipated vacancies for the subsequent year or 20% of those applicants with passing scores on the preliminary test(s) whichever is greater; but never less than six (6) or the entire body of applicants who pass the preliminary test(s) whichever is less. CSR -P 6 4/7/98 Sec. 3. Entrance examinations for the Commissioned Police Service shall consist of an examination as provided in Sec. 1 and conducted by the Examiner or designee. In addition, Veteran's Preference Credit and additional Reserve Officer preference credits and work credit as established in Sec. 6A shall be used to determine placement on the Civil Service register. In lieu of taking the written examination, a candidate may request the Examiner to transfer a score the candidate achieved from another jurisdiction in Washington, provided, the Examiner finds that such examination score resulted from an identical examination as the one to be administered and such examination was administered in a fair and impartial manner within one year of the date set for the local administration of such examination by the Examiner. Any candidates wishing to transfer a score shall sign a request for such transfer which shall further acknowledge that the candidates gives up the opportunity to take that examination for which the transferred score was requested. The Examiner shall apply the transferred score as if it were achieved through administration of the same test by the Examiner. Sec. 4. Prior to employment, a candidate shall pass a qualifying physical ability/performance test, background and character investigation, polygraph examination, psychological examination and a medical and physical examination under the direction of the Chief of Police or designee. Prior to and as a condition of taking such physical ability/performance test, the examinee shall execute a waiver of liability covering the administration of such test in favor of the City of Yakima, its agents and employees. Names of candidates who do not pass one or more of the background, polygraph, psychological or medical and physical examinations shall be removed from the register of eligibles. Such candidates may appeal to the Civil Service Commission by providing written notice of appeal to the Examiner within 10 calendar days of receipt of written notice of removal. Sec. 5. The provisions of RCW 41.04.010 Chapter 170 of the 1971 Session Laws of Washington, Third Extraordinary ges..,ion, regarding Employment Preference of Veterans, are hereby made a part of these rules and by this reference are incorporated herein. (Such chapter is codified as RCW 11.01.010). The term "veteran" as used herein shall be in accordance with RCW 41.04.005. that when such a veteran_ was employed in public service at the time of entry into military service and returns to the same employment, and shall be ovidcd for on the first promotion examination. Sec. 6. Work Credit Points: For entry level Police Officer positions, additional points may be added to a candidate's passing test score as follows: CSR -P 4/7/98 a. Two percent (2%) for each year of continuous satisfactory service as a Reserve Officer on the Yakima Police Department to a maximum of six percent (6%), provided the candidate has successfully completed a Washington State approved Reserve Academy, has passed 7 the State administered final examination, and has attained the level of Commissioned Reserve Officer on the Yakima Police Department. Candidates must be currently serving, in good standing, and must have performed a minimum of 288 hours of service in each year for which additional points are claimed. The Chief of Police shall be the final authority for determining satisfactory service. Sec. -G 7. The Examiner is authorized to destroy the examination papers of applicants who are now deceased, have failed in the examination, or have declined appointment, provided the papers have been on file for at least one year. Employment registers, application forms and accompanying papers may be destroyed as provided by Chapter 40.14 RCW. Sec. 4 8. The Examiner is authorized to conduct examinations within the established guidelines in concert with other municipalities for joint testing upon agreement with the Police Chief. Once a candidate is hired by another municipality, the name will be removed from the list. Candidates will have the option of selecting the municipalities they are interested in working for and will be considered for only those they select. A fee will be charged to the municipalities receiving names. RULE XI -I. CONDUCT OF ENTRY-LEVEL EXAMINATIONS Sec. 1. Applicants must present themselves promptly at the hour and place specified for the examination. No applicant shall be admitted to the examination after the examination has commenced. Sec. 2. Each aApplicants shall first be presented with an envelope containing the declaration paper, bearing an examination number, on which declaration paper the applicants shall write their name, replace it in the envelope, seal the envelope, and mark thereon the examination number. Thereafter, the applicant shall mark each paper with the examination number only. This envelope shall not be opened until the examination papers shall have been graded. "Provided, however, that the foregoing shall not be applied in the event an examination, or any part thereof, must identify the examinee by name for the purpose of scoring such examination or part thereof or for the transfer of such score from another jurisdiction." Sec. 3. The subject and time allowed for the examination will in each case be announced before the examination begins. Sec. 4. The examiner shall require every competitor to surrender all examination documents upon completion of the examination or the expiration of the time limit. Sec. 5. The Examiner shall make all necessary explanations to the whole class and shall not explain any questions to any individual competitor. After an examination begins, no communication will be permitted among between competitors. Sec. 6. Examinations may be regulated in the matter of time by the Chief Examiner, and insofar as practicable, shall be completed in one day. CSR -P 8 4/7/98 Sec. 7. The time allowed for examinations shall begin when all announcements, instructions, and explanations have been given and the declaration sheets are filled out. Sec. 8. During any examination no competitor shall leave the room without permission of the Examiner. If a competitors abandons their examination, the Examiner shall note that fact upon the answer sheet and the examination shall not be scored. Sec. 9. Applicants shall supply themselves with all necessary instruments as specified by the Chief Examiner. Sec, 10. All grading shall be accomplished by the Examiner or under her the Examiner's direction, and each examination paper shall be marked with the resulting grade. Sec. 11. Examination Results: a. For entry-level Police Officer, the Examiner shall notify competitors in writing of their final ccore and positions on the register. b. Competitors may, within 30 days after establishment of the register, request consultation with the Examiner to review their own test results. Sec. 12. In case of ties: a. If a tie occurs in a promotional exam, the applicant having the higher score in the written portion of the exam shall be counted as having the higher overall score. If both have identical written scores, the applicant with the moat seniority shall be counted as having the higher overall score. b. If a tie occurs in an entry-level examination and the examination consists of more than one type of testing, the candidate scoring highest on the written portion of the examination shall be counted as having the highest overall score. If a tie still exists, the tie will be broken by drawing lots conducted in the presence of the Personnel Officer. c. If a tie occurs in an entry-level examination with one type of test, the tie will be broken by drawing lots conducted in the presence of the Personnel Officer. If a tic occurc with one type of tect, the tie will be broken by lot. RULE XII -I. MEDICAL AND PHYSICAL EXAMINATION Sec. 1. Each applicant for any position under Civil Service, the duties of which involve law enforcement activities, may be required to pass a careful medical, physical and psychological examination before appointment thereto, provided that this requirement is stated in the promotional examination announcement, and provided that all applicants are examined in the same manner. The examining physician shall be guided by the City of Seattle Minimum Medical Standards for Police Officers and current standards established by the Washington Association of Sheriffs and Police Chiefs, the International Association of Chiefs of Police, the Americans with Disabilities Act, and other applicable State or Federal Laws. Consultations with the City's Employee Assistant Program are not considered psychological CSR -P 9 4/7/98 examinations, PROVIDED, the applicant must possess visual acuity of not less than 20/100 vision in each eye without correction and corrected to 20/20 in the better eye and 20/30 in the lesser eye." Sec. 2. When there is probable cause that an employee is psychologically or medically unfit to perform his/her duties, the commission or the Chief of Police may require the Each employee to undergo a shall take a medical, physical or psychological or medical examination in accordance with current standards established by the City of Seattle Minimum Medical Standards for Police Officers, Washington Association of Sheriffs and Police Chiefs, the International Association of Chiefs of Police, the Americans with Disabilities Act, and other applicable State or Federal Laws. Consultations with the City's Employee Assistance Program are not considered psychological examinations. required in writing by the Commission or thc Police Chief. Such examinations shall be appropriate to determine thc ability of the employee to perform thc duties of Such examinations shall be conducted by a physician,—or in the case of a psychological examination, a psychologist or psychiatrist designated by the Police Chief or delegate and the cost of such examinations shall be borne by the City. Sec. 3. The results of all medical, physical, and psychological examinations required in sections 1 & 2 of this rule shall be certified to the Police Chief and filed with the £ccretary/Chicf Examiner. RULE XIIIV. EXAMINATIONS FOR PROMOTION Sec. 1. When in the opinion of the Chief, it is beneficial to maintain a current and valid register for promotions, the Chief shall advise the Examiner of the need for examination to establish and maintain such a register. Sec. 2. When vacancies occur in any grade, they shall wherever practicable, be filled by promotion from the next lower grade, as may be determined by the Commission. Promotions shall be made upon merit shown by a promotional examination consisting of any combination of two or more of the following: tests as outlined below: a. practical written examination b. written test c. performance test d. oral test e. assessment center f. physical agility g. performance evaluation h. evaluation of experience and training The Examiner with the concurrence of the Chief, may assign relative weights to each dimension and/or portion of the examination provided that weights assigned are included on the promotional job announcement and provided that no segment is weighted more than 50%. CSR -P I 0 4/7/98 Sec. 3. In the event the Examiner determines that the number of applicants responding to an examination announcement is excessive in relation to the number of projected job openings, the Examiner may limit admission to the remainder of the examination to those scoring highest on a preliminary test or a combination of tests listed in Sec. 2 of this Rule. The number of applicants allowed to complete the examination shall be at least twice the number of anticipated vacancies for the subsequent year or 20% of those applicants with passing scores on the preliminary test(s) whichever is greater/ but never less than six (6) or the entire body of applicants who pass the preliminary test(s) whichever is less. Sec. 4. No person who fails to attain an average of at least 758% in each segment of complete proficiency on an examination for promotion exclusive of any such military credit, shall be deemed eligible for promotion. Sec. 5. Applicants for promotion shall currently be employed with the Yakima Police Department. Service in an 'acting' capacity, temporary or provisional appointment shall not be credited towards promotional service requirements. Sec. 6. a. Applicants for the 4ositon of Police Serceant. Applicants must be currently serving, and have served for a minimum of five and one-half consecutive years (including probation), in the classification of Police Officer on the Yakima Police Department. Applicants for promotion to any classification must not have had an unsatisfactory rating on any performance evaluation efficiency ra=ng item during the previous two years, nor any disciplinary action reflected during this period. The disciplinary action to be considered in this section shall be limited to removal, suspension, demotion or discharge only and shall not include any other management action including letters of reprimand. Upon notification by the Examiner of applicants for a promotion, the Chief of Police will certify to the Examiner whether any unsatisfactory performance evaluations have taken place. b. Promotional Examination results shall be withheld from all applicants for at least 72 hours (3 working days) following completion of each phase of the examination process. During this time, individual applicants who are dissatisfied with the conduct of the examination may appeal in writing with just cause to the Chief Examiner. Upon receipt of such an appeal, disclosure of all examination results will be withheld until such time as the Commission shall rule on such appeal. Numerical or standing scores will be provided for all phases of the exam process unless an appeal is filed. The final examination results shall include overall -numerical or standing scores and shall be withheld from all applicants for at least 120 hours (5 working days) following the completion of the final examination process. During this time, individual applicants who are dissatisfied with the conduct of the examination may appeal in writing with just cause to the Chief Examiner. Upon receipt of such an appeal, disclosure of all examination results will be withheld until such time as the Commission shall rule on such appeal. Applicants muct have a good credit rating and an excellent reputation and character. CSR -P 1 1 4/7/98 lower classification in the Yakima Policc Department. Sec. 7B. No person chall bc admitted for examination for the classification of Chicf of Police without having cpcnt two years, including Department. RULE XV. APPOINTMENTS TO CLASSIFICATION OF POLICE CHIEF Seo. 1. In thc appointment to the classification of Policc Chicf, Sec. 2.—cpndid -tes 4 -or the classification of Police Chicf chall be selected in accordance with Police Rulc XIV cxccpt ac such requirements may be waived undcr Section 3 hereof. Se -o---3. In cases of public emergency or whenever the public interest its discretion, by majority votc, in thosc insufficient nurbcr of suitable and qualified candidates availablc within thc w__ Department. All other provisionc of these rulcc chall apply cxccpt undcr cuch RULE XIV. APPOINTMENTS ON BASIS OF MERIT, ETC. All appointments to, and promotions in the Civil Service shall be made solely on merit, efficiency and fitness, which shall be ascertained by competitive examination and impartial investigation as herein set forth, and no person shall be reinstated or transferred, suspended or discharged from any such place, position, or employment contrary to the provisions of RCW Title 41 and these Rules, respectively. RULE XV. REGISTER OF ELIGIBLES, REINSTATEMENT REGISTER, REQUISITIONS AND APPOINTMENTS, AND RE-EMPLOLYMENT REGISTER Sec. 1. 111 entrance and promotional applicants who shall attain a Rulcc, chall be eligible for clac-ification for which the examination was taken. Work experiencc credit a ram e# ewe - e 'c t per fear ter each year of service in thc aggregate and no cuch credit shall be given for any fractional part of a Work experience shall mean point credit for time spent Yakima in thc classification to which applicant year's service. employment in good standing. CSR -P 4/7/98 Such credit 12 chall only bc granted to applicants who achieve a paccing grade on examination and who arc cocking a Sec. 1. The name and total point accumulation of any all entry-level or promotional applicants achieving a passing examination grade, as set forth in these Rules, shall be entered by the Examiner in the eligible register for the classification for which they were examined in descending order of total point accumulation. The person having the highest total point accumulation in the classification for which he or she was examined shall be certified first and likewise in order of the descending total point accumulation. Sec. 2. Within one year after discharge or resignation under circumstances which indicate unfitness for service no former employee shall be eligible for examination or appointment to any former classification with similar duties and responsibilities. Sec. 3. No name shall remain on an eligible list a register of eligibles more than one year from the date of the establishment of the register, unless the Commission shall otherwise order. Sec. 4. A reinstatement register shall also be kept which shall contain the names of those laid off because of curtailment of expenditures, reduction in force, and for like causes. Such register shall remain in effect until all persons meeting the minimum class requirements on the list are re -hired provided if reinstatement is offered and the candidates declines, their names will be removed from the Reinstatement Register. Reinstatement shall be in the reverse order of their lay offs. Sec. 5. Re-employment. A former employee who is separated from service under circumstances which do not indicate unfitness for duty may be eligible for re-employment, subject to all of the following provisions: a. A vacant Police Officer position must be available within the department. b. All existing reinstatement and preferred eligible lists must be exhausted. c. Employment must resume within 12 months from the date of separation. d. Re-employed persons will return to the classification of Police Officer at a pay step two steps lower than that held at the time of separation, provided that re-employed sergeants will return as Police Officers at pay step C. e. Prior time -in -grade and time -in-service will apply toward promotion eligibility, subject to all other provisions of these rules. f. Previous seniority will be lost. g. All re-employed personnel will serve in a probationary status for 18 months. h. The Chief of Police will approve. Nothing in this section guarantees the re-employment of any individual. The Chief of Police is the final approving authority for re-employment, and the Chief may, in his or her sole CSR -P 13 4/7/98 discretion, fill existing vacancies from the eligible register in lieu of re-employing any individual. Sec. 6. Upon requisition of an appointing authority for certification of an eligible for the filling of a vacancy in any department, certification shall be made in the following manner. The Examiner shall certify first the name of that individual which appears highest on the reinstatement register for the particular classification to be filled. Likewise, this process shall be repeated until the reinstatement register for any classification is exhausted. Thereafter the same process shall be repeated using the preferred eligible list for the particular classification filled. No certification shall be made from any promotional or eligible register until the reinstatement register and the preferred eligible register for that classification have been exhausted. In the event of exhaustion of the reinstatement register and the preferred eligible register for any classification, and upon requisition, the Examiner shall certify to the appointing authority the name or names, as the case may be, of those the person(s) standing highest on a register of eligibles. Certification from a list of eligibles shall be as follows: Subsection A. Certification for Original Appointments. The Examiner shall certify to the appointing authority, the names and addresses of the three (3) persons, if there shall be so many eligible, standing highest on the register. Subsection B. Special Certifications for Entry -Level Appoint- ments. In the event the composition of the work force within the department in which a vacancy has occurred, has not achieved the minimum hiring goals established in accordance with the City of Yakima Affirmative Action Plan, the Chief Examiner shall certify the names of three additional minority candidates and three additional women candidates -- highest standing first. The same name shall only be certified once for each appointment. When two (2) or more vacancies are to be filled, the vacancies shall be acted upon independently of each other and consecutively. Any certified applicants not selected shall maintain their placement on the eligible register. The appointing authority may appoint any one of the persons so certified. The purpose of this subsection is to allow for the appointment of minorities and women from an eligible register to raise the number of minorities and women to goals established in accordance with the City of Yakima's Affirmative Action Plan. The authority of this section shall be used to fill open competitive positions only and it shall not be used to fill more than fifty percent of the vacancies within a calendar year for open competitive positions covered by these rules. Whenever an eligible applicant who has been certified to the appointing authority is passed over for appointment in favor of some eligible applicant with lower standing on the eligible register, such person who has been passed over shall be notified in writing of such action and the reasons therefore, by the appointing authority with a copy to the Examiner. Any eligible applicants that i -s •rho are passed over shall maintain his placement on the eligible register unless removed for cause. Subsection C. Certification for Promotion. The Examiner shall certify to the appointing authority the name of the eligible promotional applicant standing highest on the register, who is physically and mentally able at the time of certification, as determined by the Department Chief, to assume the CSR -P 14 4/7/98 duties of the classification. When two or more vacancies are to be filled, the name of the person next highest on the register for each additional vacancy may be certified. The Department Chief shall give written notice to any promotional applicant who is to be passed over pursuant to this subsection. Such applicant shall have ten (10) days from receipt of such notice to appeal such action in writing to the Commission, otherwise, such right shall be waived. In the event an eligible promotional applicant is passed over because of physical or mental inability to assume the duties of that classification, such applicant shall remain on the register. Sec. 76. ,Provisional, Temporary and Acting Assignments. When the appointing authority determines that a need exists to make a provisional, temporary, or acting assignment to a higher classification, such assignments will be governed by the following provisions: a. Temporary or provisional assignments of a duration greater than one month will be made from currently eligible candidates in the order of their ranking on the most recent promotional list. No temporary or provisional assignment will continue for more than four months, and no person will receive more than one such temporary assignment in any 12 month period. b. Acting assignments of a duration of one month or less will be made from currently eligible candidates who are assigned to the squad or work unit in which the vacancy exists, in the order of their ranking on the most recent promotional list. No person will receive more than one such acting assignment in any 12 .month period, unless there are no other eligible candidates assigned to that squad or work unit. c. Employees who decline two consecutive temporary or acting assignments, will have their names removed from consideration for any future temporary or acting assignment made from that list. In the event no list of eligibles exists for a classification, the Examiner, under the direction of the Commis ion, may establish a provisional or e. months nor shall any person receive more scion is notified that proficiency in any or the Commission shall certi highest standing, not being below the minimum of 70$, in cuch special subject, Sec. 8. When certification of an eligible is made for any permanent classification, such eligible may decline such appointment, or prior to certification, may waive the same for reason satisfactory to the Commission, CSR -P 4/7/98 15 without losing placement on the register. Unless excused by the Commission, the refusal of an appointment tendered shall be sufficient cause for dropping the name of the eligible from the register. RULE XVI -Z-. PROBATIONARY PERIOD, EMPLOYMENT PROMOTION - INSPECTION OF EXAMINATION RECORDS Sec. 1. The probationary period for a new employee shall not be considered complete until after the expiration of 12 months one ycar of satisfactory service, following successful completion of the cxcluding basic training academy, during which time such new employee shall be terminated if found unfit or unsatisfactory for service for any reason. Sec. 2. The probationary period for a promotion shall be considered complete after twelve months' satisfactory service. If the appointing authority deems the person promoted as unfit or unsatisfactory for service for any reason, that individual shall be returned to the previous classification. Sec. 3. In terminating the employment of any probationary employee, or for failure of promotional appointment the appointing authority shall fully and fairly consider the public interest; and shall, in writing, notify the Examiner of such termination, and shall specifically set forth therein the reasons for such action. Sec. 4. In making an appointment from any name or list of names certified, the appointing authority will be permitted to inspect the application, certificates and the examination papers of the persons certified; and may summon any certified person for such verbal inquiries as appropriate. All such papers must remain with the Examiner at all times. RULE XVII X4X. PERFORMANCE EVALUATION Sec. 1. Evaluation of employee performance shall be viewed as an opportunity to review and Discuss the employee's total work performance and attitude. Such review sha_= be conducted in a positive atmosphere with the objective of improving employee effectiveness. Sec. 2. Fair and impartial performance evaluations shall be maintained for each Civil Service employee, by the Police Chief in a form approved by the Civil Service Commission. One copy of such evaluation shall be retained in the departmental employee's file and a personnel file copy shall be completed on the each employees on their anniversary date of hire covering the preceding year's performance. Sec. 3. Such performance evaluations shall be subject to review or modification by the Civil Service Commission as it may deem right and proper in any particular case. RULE XVIII -XX. DISCIPLINARY ACTIONS Sec. 1. The tenure of everyone holding an office, place, or employment under the provisions of RCW Title 41 and these Rules, respectively, shall be only during good behavior and any such person may be removed or discharged, CSR -P 1 6 4/7/98 suspended without pay, demoted or reduced in pay, or deprived of vacation privileges or other special privileges for any of the following reasons: a. Incompetency, inefficiency or inattention to or dereliction of duty; b. Dishonesty, intemperance, immoral conduct, insubordination, cowardice, discourteous treatment of the public or a fellow employee, or any other act of omission or commission tending to injure the public service; or any other willful improper conduct on the part of the employee; or any willful violation of the provisions of RCW Title 41 and these Rules, respectively; c. Mental or physical unfitness for the classification which the employee holds; or failure to maintain an efficiency rating above the minimum requirements; d. Any increase or decrease in weight which renders the employee unfit for duty in the particular classification, rank or grade; e. Promotion by any fire er police employee of disaffection among the members of cithcr the department; f. Excessive use of force or inhumane treatment of any person; g. Dishonest, disgraceful, immoral or prejudicial conduct; h. Drunkenness or use of intoxicating liquors, narcotics, or any other habit forming drug, liquid or preparation, to such extent that the use thereof interferes with the efficiency or mental or physical fitness of the employees, or which precludes the employee from properly performing the functions and duties of hie their classification; i. Conviction of a felony or a misdemeanor involving moral turpitude; j. Any willful or inexcusable failure to pay any just debt or obligation; k. Engaging in such political activity or activities as are prohibited by applicable state or federal laws or department policy; 1. Willful refusal or failure to comply with the order or direction of a supervisor or superior officer issued to implement a statute, ordinance, departmental regulation or in the line duty; m. Any other act or failure to act, which in the judgment of the Civil Service Commission, is sufficient to show the offender to be an unsuitable or unfit person to be employed in the public service. Sec. 2. The Police Chief is authorized to use as disciplinary measures, deprivation of accumulated Court time, Holiday time, or Compensatory time for such periods as deemed proper and appropriate under the circumstances. CSR -P 17 4/7/98 Sec. 3. Any employee covered by those these rules who is subject to discharge, suspension, demotion, or deprivation of vacation or other privilege, shall be provided with a pre -disciplinary hearing conducted by the appointing authority prior to the administration of any disciplinary action against the employee. At the time of the hearing, the appointing authority shall give the employee a written notice of the disciplinary action contemplated, an explanation of the evidence supporting the charges, and also provide the employee with an opportunity to present an explanation of the disciplinary matter. The employee may be represented by an attorney or union representative at the hearing. Sec. 4. No permanently appointed person in the classified Civil Service shall be reprimanded, removed, suspended, demoted, discharged, reduced in pay, or subject to any other disciplinary action of any kind, except for cause, about which the person is advised followed within 48 hours from the time and date so advised by a written statement of the cause in general terms which is served on the person or sent to the person's last known address by U.S. certified mail with first-class postage prepaid, return receipt requested and a copy filed with the Commission. A copy of this rule shall accompany such written notice. Any person so reprimanded, (except written and oral reprimands), removed, suspended, demoted, discharged reduced in pay or subject to any disciplinary action of any kind, (hereinafter called discipline or disciplined) may file with the Commission a written request for a hearing, within 15 30 days from the time of receipt of written notice of such discipline. Whereupon the Commission shall conduct such hearing. Failure to file such written request within the time specified shall be deemed a waiver of any right of review. If a written reprimand results in an unsatisfactory or lower overall evaluation rating, the employee may then appeal the reprimand by filing in writing within 30 days of receiving the evaluation. The hearing shall be confined to the determination of the question of whether such discipline was or was not made for political or religious reasons, or was or was not made in good faith for cause. After such investi- gation, the Commission may affirm the discipline or if it shall find that the discipline was made for political or religious reasons or was not made in good faith for cause, it shall order the immediate reinstatement or reemployment of such person in the office, place, or employment from which such person was disciplined; which reinstatement shall, if the Commission so provides in its discretion, be retroactive and entitle such persons to pay or compensation from the time of such discipline. Written reprimands shall be removed from the employee's files upon their request after two three years, if there has been no reoccurrence of the conduct or performance which gave cause for the reprimand. - The Commission upon such investigation, in lieu of affirming the discipline, may modify the order of discipline by directing other disciplines which may include a suspension without pay for a given period and subsequent restoration to duty, demotion in classification, grade or pay, loss of compensatory or holiday time or court time, or a letter of reprimand. The findings of the Commission shall be certified in writing to the appointing power, and shall be forthwith enforced by such officer. All such investi- gations made by the Commission shall be by public hearing after reasonable notice to the accused of the time and place of such hearing, at which hearing CSR -P 18 4/7/98 the accused shall be afforded an opportunity of appearing and presenting his defense in person and by counsel. The accused or the appointing authority may appeal from any final judgment or order concurred in by a majority of the Commission to the Superior Court for Yakima County. Such appeal may be taken by serving the Commission, within thirty days after the entry of such judgment or order, a written notice of appeal, stating the grounds thereof, and demanding that a certified transcript of the record and of all papers on file in the office of the Commission affecting or relating to such judgment or order, be filed by the Commission with such court. The Commission shall, within ten days after the filing of such notice, make, certify and file such transcript with such court. Such court shall thereupon proceed to hear and determine such appeal in a summary manner: Provided, however, That such hearing shall be confined to the determination of whether the judgment or order of discipline was or was not made in good faith for cause, and no appeal to such court shall be taken except upon such ground or grounds. Sec. 5. A disciplinary reduction to a lower classification will result in the person's reverting to the seniority formerly held in that classification. RULE XXX -XX. LEAVES OF ABSENCE Leave of absence not exceeding 30 days without pay, may be granted by the appointing authority to any person under Civil Service; provided, that such appointing authority shall give notice of such leave to the Commission. All temporary employment caused by leaves of absence shall be made from the eligible list of the classified Civil Service. Longer leaves of absence, or extensions to leaves of absence, may be granted by the Commission upon written request of the employee, endorsed by the appointing authority giving the reasons for granting such leave. A leave of absence for more than three months when granted by the Commission shall not entitle the employee when returning to duty to resume the former classification, but the employee shall be entitled only to standing on the preferred eligible list for that classification and any classification formerly held by such employee under this Civil Service. Upon the granting of a leave of absence, the Examiner shall place the name of such employee on a preferred eligible list, the order of which shall be determined by the date set by the appointing authority or the Commission for return to work - earliest date first. In the event of identical dates of return to work, seniority as between such employees shall govern - that employee with the greatest seniority receiving the highest placement on the register. Such employee may return to employment at an earlier date than that set by the Commission or the appointing authority, provided, that in that event, the earlier date shall govern the placement of such employee on the preferred eligible list. In the event such employee fails to return to work on the date set by the appointing authority or the Commission, then such employee shall have no further right to any classification formerly held under this Commission. If a returning employee accepts a lower level classification than the original classification vacated, such employee shall remain on the preferred eligible list for the other positions formerly held by such employee until CSR -P 19 4/7/98 c such employee is placed in the classification originally vacated at the time of the leave of absence. These limitations shall not apply to absence on account of disability caused by sickness, or injury, or to leave of absence during which the employee performs temporary service in another department of the City. Where a member of the Police Department is granted a leave of absence in excess of three months, the employee shall be required to pass a satisfactory physical examination before resuming employment. RULE XX -I -I. LAYOFFS, OTHER VOLUNTARY REDUCTIONS IN RANK AND MILITARY LEAVES Sec. 1. Layoffs. Whenever it becomes necessary in any department through lack of finances, or other cause, to reduce the force, the order of layoff shall be accomplished in the following order: a. Persons who are serving in a temporary capacity within a classification sought to be reduced shall be first laid off in order of seniority, least senior first; b. Those still serving their probationary period within a classification sought to be reduced in order of seniority, least senior first; c. Those whose appointments are complete within a classification sought to be reduced in order of seniority, least senior first. Seniority for the purpose of this rule shall mean accumulated time in employment within a particular classification within a department excluding leaves of absences in excess of 90 days and time off due to suspensions without pay. In the event of identical accumulated time within the affected classification, the order of hire or promotion, shall determine seniority. In. the event any permanently appointed person employed in a classification above entry level is laid off, that person shall have the right to voluntarily reduce in rank to the next lower classification previously held within the department regardless of whether a vacancy exists within that classification. Any person, other than persons serving temporary appointments in higher classifications, choosing voluntary reduction in rank under this section shall be regarded as the most senior person in that classification to which they are reduced for the purpose of any further layoffs. Temporary appointees electing voluntary reduction in rank shall assume the seniority in the previously held classification. The least senior permanently appointed person within any classification shall be laid off in the event all the positions within the classification are filled and a voluntary reduction in rank from a higher classification occurs. Likewise, if a persons 4-s are laid off as a result of a voluntary reduction in rank they may voluntarily reduce in rank to the next lower classification previously held. All persons except temporary appointees who choose to voluntarily reduce in rank under the terms of this section shall be placed on a reinstatement register for each classification from which they were reduced. CSR -P 20 4/7/98 Sec. 2. Other Voluntary Reductions in Rank. Any person in the classified Civil Service may request to be reduced in rank by filing with the Civil Service Commission a request in writing stating the reasons for such reduction and the lower grade or rank into which they are to be placed. Such employee must have previously held the requested classification. Such reduction in rank may be sanctioned by the Civil Service Commission without examination, and the persons so reduced shall be entitled to all the rights and privileges under civil service which are enjoyed by other persons in the same rank and grade to which they have been reduced. Any person who accepts a voluntary reduction under this section shall revert to seniority held in that classification. Sec. 3. Veteran Reemployment Riahts. Any Civil Service employee who volunteers or who is otherwise inducted into the military service of the United States shall, upon termination of such service, be entitled to such rights accorded by RCW 73.16, as amended. RULE XXI-I-I. REPORTS TO BE MADE In order that the Commission may keep proper record of changes in the classified service, the appointing authority shall immediately report in writing to the Commission: a. Every probational or temporary appointment made. b. Every refusal or neglect to accept an appointment by a person who has been duly certified. c. Every suspension or other disciplinary action resulting in a loss of pay made of any officer or employee with the reasons therefor. d. Every separation from service, and whether the separation was caused by death, dismissal, resignation, or retirement. e. Every position created or abolished. RULE XXII XXIV. OUTSIDE EMPLOYMENT If any member of the Police Department shall engage in any business or activity extraneous to that person's duties under Civil Service which, in the discretion of the appointing authority, shall tend to divert attention from their duties or render the employee inefficient or unfit for duty, the appointing authority may provide written notification to desist from such business or activity, and if they shall refuse to comply with such notice, shall have the power to suspend or discharge such employee from the service. RULE XXIIIV. SEVERABILITY If any provision of these rules or the application thereof to any person or circumstance be held invalid, the invalidity shall not affect other provisions and applications of these rules which can be given effect within the invalid provision or application and to this end these rules are severable. CSR -P 21 4/7/98 Craig W. Hanson Law Offices A Limited Liability Partnership Including Professional Corporations 2120 Caton Way SW Suite B Olympia, WA 98502-1106 (360) 754-6001 Facsimile: (360) 754-1605 Anchorage, AK Fairbanks, AK Los Angeles, CA Mount Vernon, WA Olympia, WA Portland, OR San Francisco, CA Seattle, WA London, England MANE POWELL SPEARS LUBERSKY LLP October 27, 1998 Mr. Paul McMurray Assistant City Attorney City of Yakima — Legal Department 200 South Third Yakima, WA 98901-2830 Re: Engagement of Services Dear Mr. McMurray: OCT 2 91998 cif 1 1 You have contacted our firm regarding Yakima's Police Civil Service Commission's need for legal counsel. We would be pleased to provide such counsel. It is our practice to declare at the outset of a new matter how fees and cost arrangements are handled in our office. Our office bills fees on an hourly basis for services performed. My services will be billed at a municipal rate of $145.00 per hour. Expenses necessarily incurred in connection with our representation are also billed to the client. Expenses include, but are not limited to, copying, court filing fees, fees for service of process, court reporter fees and travel expenses, including mileage and parking. The hourly rates charged for attorneys in our office varies dependent upon the nature of the work to be performed as does the rate at which we bill time for our paralegals. Although I will be in charge of this matter, it may be necessary to utilize the services of other attorneys in the office from time to time. You will be consulted if such use is believed necessary. Once again, I am most pleased that you have considered our firm and we look forward to working with you. If the above-described billing procedures are agreeable to you, I would appreciate it if the appropriate representative at the City would so indicate in the space provided below and return the original of this Mr. Paul McMurray Re: Engagement of Services October 27, 1998 Page 2 letter to my office in the enclosed envelope. If you have any questions or comments, please do not hesitate to call. Very truly yours, LANE POWELL SPEARS LUBERSKY LLP Craig W. Hanson CWH:mks By: Date: Paul McMurray Assistant City Attorney, City of Yakima R:W ETWARE\OLY\CW H\YAKI MA\ENGAGEMENT.DOC