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HomeMy WebLinkAbout1994-004 Removal of Police Chief from the Civil Service I I 1110 ORDINANCE NO. 94- 4 AN ORDINANCE relating to City administration, removing any police chief appointed after March 15, 1994 from the Civil Service; making the police chief directly responsible to the City Manager; and amending Section 1.54.010 and adding Section 1.54.040, all of the City of Yakima Municipal Code. WHEREAS, Revised Code of Washington Section 4.12.050 authorizes the City Council to exempt from the Civil Service any individual appointed as police chief after July 1, 1987 where the police department has six or more commissioned officers, and WHEREAS, the Yakima Police Department has in excess of six commissioned officers, and WHEREAS, the City of Yakima's current Police Chief was appointed August 1, 1983 and hence may not be excluded from the Civil Service; and WHEREAS, the City Council desires to exclude any future police chief from Civil Ser. ice in order to make any future appointee to the position of police chief 0 responsible to the Cit) Manager in the same manner as other City department heads in order to achieve better and more effective administration and to assure the accomplishment of the City's policies and goals, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1 Section 1 54 010 of the City of Yakima Municipal Code is hereby amended to read as follows. "1 54 010 Civil service adopted -- Rules and regulations. A System Adopted. The system commonly known as civil service is adopted for the police department of the city of Yakima, and all employment, advancement and demotion therein and discharge therefrom shall be under the control of and governed by the civil service commission provided for by this chapter, which commission shall adopt and promulgate civil service rules and regulations which substantially accomplish the purpose of RCW Chapter 41.12 Any police chief appointed after March 15. 1994. is not covered by this section. The civil service commission shall adopt and promulgate specific rules and regulations relating to employee promotions and examinations therefor Such rules and regulations shall provide that in order for any employee to be eligible for promotion such employee shall not have been the subject of any disciplinary action by letter of reprimand, demotion, removal, suspension or discharge and shall otherwise have been successfully evaluated by his /her superior for the two years immediately prior to taking the promotional examination. III An) rule, regulation or practice adopted by the civil service commission contrary to this subsection shall be void. Page 1 s c:d'pc: ce c'.ie: jw B Discipline of Employees. Concerning the disciplining of • employees, the civil service commission shall have authority and jurisdiction to investigate, by public hearings, the removal, suspension, demotion and discharge of an employee by the appointing power and to determine whether such action was or was not made for political or religious reasons and whether it was or was not made in good faith for cause The civil service commission shall have no authority or jurisdiction to investigate or review by public hearings or other means, nor otherwise adopt or enforce civil service rules or regulations concerning, any matter related to the disciplining of employees by any method other than removal, suspension, demotion or discharge. The civil service commission shall have no authority or jurisdiction to adopt or enforce any rule or regulation which excludes letters of reprimand and other management actions or which otherwise has the effect of limiting the types of disciplinary action which disqualify an applicant from promotion, other than disciplinary action consisting of removal, suspension, demotion or discharge. Any rule, regulation or practice of the civil service commission purporting to exercise any authority or jurisdiction contrary to this subsection is void." Section 2 Section 1 54 040 is hereby enacted as a Dew section of the City of Yakima Municipal Code to read as follows. "1 54 040 Chief -- Appointment and removal. Any police chief appointed after March 15, 1994 shall be 410 appointed by the city manager upon the basis of his /her qualification and experience for such office, and may be removed by the city manager at any time, for any reason, subject only to any applicable law, ordinance, rule or regulations then in force and effect. Any police chief appointed after March 15, 1994 is excluded from the civil service. An and all civil service rules, including but not limited to rules concerning examination, appointment, promotion, transfer, reinstatement, demotion, suspension, discipline, advancement, removal or discharge, shall not apply to the police chief " Section 3 This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter PASSED BY THE CITY COUNCIL, signed and approved this 1St day of February 1994 9,ete ATTEST Mayor col c., City Clerk Publication Date: 2 -4 -94 Effective Date. 3 -6 -94 • Page 2 pis c:: .'c ice ch e: 7w