HomeMy WebLinkAbout1994-003 Removal of Fire Chief of Civil Service •
ORDINANCE NO. 94- 3
AN ORDINANCE: Relating to city administration, removing any fire chief
appointed after March 15, 1994 from the Civil Service; making the
fire chief directly responsible to the city manager; and amending
Section 1.46 010 and adding Section 1 46.040, all of the City of
Yakima Municipal Code.
WHEREAS, Revised Code of Washington Section 41 08.050 authorizes the City
Council to exempt from the Civil Service any individual appointed as fire chief after
Jul) 1, 1987, and
WHEREAS, the City Council desires to exclude its fire chief from Civil Service in
order to make the fire chief responsible to the city manager in the same manner as
0 other cit) 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 46 010 of the City of Yakima Municipal Code is hereby
amended to read as follows.
"1 46 010 Fire department -Civil service.
A. Civil Service Adopted -Rules and Regulations. The system
commonly known as Civil Service is adopted for the fire ,
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 41.08. Any
III fire 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
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and examinations therefore. 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 have otherwise been
successfully evaluated by his /her superior for the two years
immediately prior to taking the promotional examination. Any
rule, regulation, or practice adopted by the civil service
commission contrary to this Subsection shall be void.
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 revie‘■ by public hearing 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 46 040 is hereby enacted as a pew section of the City of
Yakima Municipal Code to read as follows.
"1 46 040 Chief - Appointment and Removal.
Any fire chief appointed after March 15, 1994, shall be 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 fire chief appointed after
March 15, 1994 is excluded from the civil service. Any 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 fire chief "
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0 section 3 This ordinance shall be in full force and effect 30 days after its
passage, approval, and publication as provided for by law and by the City
Charter
PASSED BY THE CITY COUNCIL, signed and approved this het day of Feb- , 1994
C - Q-e Pfl.i....1.1
Mayor
ATTEST
K 2 4 e2.` i C mc.._
Cit) Clerk
Publication Date. 2 -4 -94
III Effecti% e Date 3 -6 -94
to
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