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HomeMy WebLinkAboutRCW's 7/1/22,2:54 PM RCW 41.14.020:Terms defined. RCW 41.14.020 Terms defined. • Definition of terms: (1) "Appointing power" means the county sheriff who is invested by law with power and authority to select, appoint, or employ any deputy, deputies, or other necessary employees subject to civil service; (2) "Appointment" includes all means of selecting, appointing, or employing any person to any office, place, position, or employment subject to civil service; (3) "Commission" means the civil service commission, or combined county civil service commission, herein created, and "commissioner" means any one of the members of any such commission; (4) "County" means any county of the state, or any counties combined pursuant to RCW 41.14.040 for the purpose of carrying out the provisions of this chapter; (5) "Deputy sheriff or other members of the office of county sheriff' means all persons regularly employed in the office of county sheriff either on a part time or full time basis. [ 2009 c 112 § 1; 1959 c 1 § 2 (Initiative Measure No. 23, approved November 4, 1958).] NOTES: Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k). • • https://app.leg.wa.gov/RCW/default.aspx?cite=41.14.020 1/1 7/1/22,2:54 PM RCW 41.14.030:Civil service commission—Appointment,terms,qualifications,compensation,etc. RCW 41.14.030 Civil service commission—Appointment, terms, qualifications, compensation, etc. • (1) There is created in each county and in each combination of counties, combined pursuant to RCW 41.14.040 to carry out the provisions of this chapter, a civil service commission which shall be composed of three persons, or five persons under subsection (2) of this section. The commission members shall be appointed by the board of county commissioners, or boards of county commissioners of each combination of counties, within sixty days after December 4, 1958. No person shall be appointed to the commission who is not a citizen of the United States, a resident of the county, or one of the counties combined, for at least two years immediately preceding his or her appointment, and an elector of the county wherein he or she resides. The term of office of the commissioners shall be six years, except that the first three members of the commission shall be appointed for different terms, as follows: One to serve for a period of two years, one to serve for a period of four years, and one to serve for a period of six years. Any member of the commission may be removed from office for incompetency, incompatibility, or dereliction of duty, or malfeasance in office, or other good cause: PROVIDED, That no member of the commission shall be removed until charges have been preferred, in writing, due notice, and a full hearing had. Any vacancy in the commission shall be filled by the county commissioners for the unexpired term. Two members of the commission shall constitute a quorum and the votes of any two members concurring shall be sufficient for the decision of all matters and the transaction of all business to be decided or transacted by the commission. Confirmation of the appointment of commissioners by any legislative body shall not be required. At the time of appointment not more than two commissioners shall be adherents of the same political party. No member after appointment shall hold any salaried public office or engage in county employment, other than his or her commission duties. The members of the commission shall serve without compensation. (2)(a) Each county and each combination of counties under RCW 41.14.040 may, by ordinance, • increase the number of members serving on a commission from three to five members. If a commission is increased to five members, the terms of the three commissioners serving at the time of the increase are not affected. The initial term of office for the two additional commissioners is six years. (b) Three commissioners constitute a quorum for a five-member commission and the votes of three commissioners concurring are sufficient for the decision of all matters and the transaction of all business decided or transacted by a five-member commission. (c) At the time of appointment of the two additional commissioners, no more than three commissioners may be adherents of the same political party. (d) Except as provided otherwise in this subsection (2), subsection (1) of this section applies to five-member commissions. [ 2012 c 117 § 11; 2009 c 112 § 2; 1959 c 1 § 3 (Initiative Measure No. 23, approved November 4, 1958).] 111 https://app.leg.wa.gov/RCW/default.aspx?cite=41.14.030 1/1 7/1/22,2:55 PM RCW 41.14.040:Combined system authorized in counties with populations of less than forty thousand. RCW 41.14.040 Combined system authorized in counties with populations of less than forty thousand. Any counties with populations of less than forty thousand, whether contiguous or not, are authorized to establish and operate a combined civil service system to serve all counties so combined. The combination of any such counties shall be effective whenever each board of county commissioners of the counties involved adopts a resolution declaring intention to participate in the operation of a combined county civil service system in accordance with agreements made between any such counties. Any such combined county civil service commission shall serve the employees of each county sheriffs office impartially and according to need. All matters affecting the combined civil service commission, including the selection of commissioners, shall be decided by majority vote of all the county commissioners of the counties involved. All the provisions of this chapter shall apply equally to any such combined civil service system. [ 1991 c 363 § 114; 1959 c 1 § 4 (Initiative Measure No. 23, approved November 4, 1958).] NOTES: Purpose—Captions not law-1991 c 363: See notes following RCW 2.32.180. • • https://app.leg.wa.gov/RCW/default.aspx?cite=41.14.040 1/1 7/1/22,2:55 PM RCW 41.14.050:Commission—Organization,meetings—Chief examiner,qualifications,duties. RCW 41.14.050 Commission—Organization, meetings—Chief examiner, qualifications, duties. • Immediately after appointment the commission shall organize by electing one of its members as chair and shall hold regular meetings at least once a month, and such additional meetings as may be required for the proper discharge of its duties. The commission shall appoint a chief examiner who shall also serve as secretary of the commission and such assistants as may be necessary. The commission has supervisory responsibility over the chief examiner. The chief examiner shall keep the records for the commission, preserve all reports made to it, superintend and keep a record of all examinations held under its direction, and perform such other duties as the commission may prescribe. The chief examiner shall be appointed as a result of competitive examination, which examination must be open to all properly qualified citizens of the county or of an adjacent county: PROVIDED, That no appointee of the commission, either as chief examiner or as an assistant to the chief examiner, shall be an employee of the sheriffs department. The chief examiner may 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 classified service. [ 2016 c 82 § 1; 2007 c 12 § 1; 1979 ex.s. c 153 § 1; 1959 c 1 § 5 (Initiative Measure No. 23, approved November 4, 1958).] • • https://app.leg.wa.gov/RCW/default.aspx?cite=41.14.050 1/1 7/1/22,2:56 PM RCW 41.14.060:Powers and duties of commission. RCW 41.14.060 Powers and duties of commission. It shall be the duty of the civil service commission: (1) To make suitable rules and regulations not inconsistent with the provisions hereof. Such rules and regulations shall provide in detail the manner in which examinations may be held, and appointments, promotions, reallocations, transfers, reinstatements, demotions, suspensions, and discharges shall be made, and may also provide for any other matters connected with the general subject of personnel administration, and which may be considered desirable to further carry out the general purposes of this chapter, or which may be found to be in the interest of good personnel administration. The rules and regulations and any amendments thereof shall be printed, mimeographed, or multigraphed for free public distribution. Such rules and regulations may be changed from time to time. (2) To give practical tests which shall consist only of subjects which will fairly determine the capacity of persons examined to perform duties of the position to which appointment is to be made. Such tests may include tests of physical fitness or manual skill or both. (3) To make investigations concerning and report upon all matters touching the enforcement and effect of the provisions of this chapter, and the rules and regulations prescribed hereunder; to inspect all departments, offices, places, positions, and employments affected by this chapter, and ascertain whether this chapter and all such rules and regulations are being obeyed. Such investigations may be made by the commission or by any commissioner designated by the commission for that purpose. Not only must these investigations be made by the commission as aforesaid, but the commission must make like investigation on petition of a citizen, duly verified, stating that irregularities or abuses exist, or setting forth in concise language, in writing, the necessity for such investigation. In the course of such investigation the commission or designated commissioner, or chief examiner, may administer oaths, • subpoena and require the attendance of witnesses and the production by them of books, papers, documents, and accounts appertaining to the investigation and also cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the superior court; and the oaths administered and the subpoenas issued hereunder shall have the same force and effect as the oaths administered and subpoenas issued by a superior court judge in his or her judicial capacity; and the failure of any person so subpoenaed to comply with the provisions of this section shall be deemed a violation of this chapter, and punishable as such. (4) To conduct hearings and investigations in accordance with this chapter and by the rules of practice and procedure adopted by the commission, and in the conduct thereof neither the commission, nor designated commissioner shall be bound by technical rules of evidence. No informality in any proceedings or hearing, or in the manner of taking testimony before the commission or designated commissioner, shall invalidate any order, decision, rule, or regulation made, approved, or confirmed by the commission: PROVIDED, That no order, decision, rule, or regulation made by any designated commissioner conducting any hearing or investigation alone shall be of any force or effect whatsoever unless and until concurred in by at least one of the other two members. (5) To hear and determine appeals or complaints respecting the allocation of positions, the rejection of an examinee, and such other matters as may be referred to the commission. (6) To provide for, formulate, and hold competitive tests to determine the relative qualifications of persons who seek employment in any class or position and as a result thereof establish eligible lists for the various classes of positions, and provide that persons laid off, or who have accepted voluntary demotion in lieu of layoff, because of curtailment of expenditures, reduction in force, and for like causes, head the list in the order of their seniority, to the end that they shall be the first to be reemployed or illreinstated in their former job class. (7) To certify to the appointing authority, when a vacant position is to be filled, on written request, the names of the five persons highest on the eligible list for the class. If there is no such list, to authorize a provisional or temporary appointment list for such class. A temporary appointment expires after four https://app.leg.wa.gov/RCW/default.aspx?cite=41.14.060 1/2 7/1/22,2:56 PM RCW 41.14.060: Powers and duties of commission. months. However, the appointing authority may extend the temporary appointment beyond the four- month period up to one year if the commission continues to advertise and test for the position. If, after one year from the date the initial temporary appointment was first made, there are less than five persons on the eligible list for the class, then the appointing authority may fill the position with any person or persons on the eligible list. • (8) To keep such records as may be necessary for the proper administration of this chapter. [ 2020 c 14 § 1; 2012 c 117 § 12; 2001 c 232 § 1; 1979 ex.s. c 153 § 2; 1959 c 1 § 6 (Initiative Measure No. 23, approved November 4, 1958).] 411 https://app.leg.wa.gov/RCW/default.aspx?cite=41.14.060 2/2