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JEFFERSON COUNTY
CIVIL SERVICE RULES
Revised 02/27/18
Jefferson County Civil Service Rules (Revised 02/27/18) Page: 2
TABLE OF CONTENTS
RULE 1. – DEFINITION 8
RULE 2. – ORGANIZATION 12
SECTION 1. Commission Created 12
2. Qualifications 12
3. Term of Office 12
4. Removal 12
5. Vacancies 12
6. Quorum Requirement 12
7. Compensation –Duties 12
8. Expenses 13
9. Political Affiliation 13
10. Election of Chairman 13
11. Meetings 13
12. Chief Examiner 13
13. Commission - Duties 14
14. Commission Authority 15
15. Budget 16
16. County Assistance 16
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RULE 3. - GENERAL PROVISIONS 17
SECTION 1. Appointments to be Based Upon Merit 17
2. Authority to Fix Salaries Retained 17
3. Payroll--Certification by Commission 17
4. Enforcement 18
5. Prohibited Practic es 18
6. Political Activity 18
7. Violations 19
8. Severability and Relationship to County and 19
Sheriff's Office Rules and Policies
RULE 4. – CLASSIFICATION 19
SECTION 1. Classified Serv ice Defined 19
2. Classification Schedule 20
3. Class Specifications 20
4. Employees to Perfo rm Duties of Their Proper Class 21
5. Reporting Violation s of Classification Regulations 21
6. Reallocation 21
7. Time for Filing Requests for Realloca tion 22
8. Maintenance of Classification Schedule 22
9. Status of Employe es Affected by Reclassification 23
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10. Classification Status of Employees Resulting 23
from Consolidation of Classes
RULE 5. - APPLICATIONS FOR POSITIONS 24
SECTION 1. Announcement of Examinations 24
2. Content of Announcements 24
3. Filing of Applications 24
4. General Requirements for Filing Applications 25
5. Rejection of Application 25
6. Postponement a nd Cancellation of Examinations 26
7. Rejected Application 26
8. Freedom from Bias 26
RULE 6. – EXAMINATIONS 26
SECTION 1. Examinations shall be Impartial 26
2. Examination Process 27
3. Examination Administration 28
4. Character of Examinations 28
5. Medical Examinations 28
6. Identity of Examinees Concealed 28
7. Rating of Examinations 29
8. Veteran's Preference 29
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9. Service Credit in Examinations 29
10. Establishing Answer Key/Challenge to Test Answers 30
11. Notification of Results/Errors in Scoring 30
12. Time Interval 31
13. Retention 31
RULE 7. - EMPLOYMENT LISTS 31
SECTION 1. Establishment of Lists 31
2. Duration of Lists 32
3. Removal of Names 33
4. Restoration of Names to Eligible Lists 34
5. Availability of Eligibles 34
RULE 8. - APPOINTMENTS, PROMOTIONS AND TRANSFERS 34
SECTION 1. Appointment 34
2. Certification 35
3. Probation 36
4. Provisional Appointment 37
5. Appointme nts to Vacancies Resulting from Regular 37
Employees on Indefinite Military Leave of Absence
6. Appointme nts to Vacancies Resulting from Regular 37
Employees on Leave of Absence Without Pay for One Year
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7. Transfers 37
8. Acceptance of Provisional Appointment 37
9. Emergency Appointment 38
10. Part-time Appointments 38
11. Temporary Appointments 38
12. Disability Appointments 38
13. Appointment to Exempt Positions and Return t o 39
Classified Position
14. Appointment of Cla ssified Employees to a Position 39
Outside of the Employee's Present Career Track
15. Seniority 39
16. Leaves of Absence 39
RULE 9. - TENURE, SEPARATION, SUSPENSION 40
SECTION 1. Tenure of Office 40
2. Employee Conduct Generally 40
3. No Removal, Suspension, or Demotion Except for Cause 41
4. Causes Enumerated 41
5. Reduction of Force 42
6. Pre-Disciplinary Hearing 42
7. Demotion 43
8. Dismissal 43
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RULE 10. – APPEALS 43
SECTION 1. Form and Content of Appeals 43
2. Allocation Appeals 44
3. Appeal from Removal, Suspension, and Demotion 45
4. Appeal from Examinations 45
5. Appeal fr om Removal from Employment List 46
6. Appeal from Examination Rejection 46
7. Appeal from Psy chological/Medical Examinations 46
8. Single Commissioner May Investigate 47
9. Notice of Hearings 47
10. General Hearings Procedure 48
11. Specific Procedures 48
12. Disposition 51
13. Records 51
14. Appeal from Commission Decision 51
RULE 11. – INVESTIGATIONS 52
SECTION 1. Investigations 52
2. Investigations - Complaint - Answer 52
3. Hearing on Complaint 52
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GENERAL RULES AND REGULATIONS
of the
JEFFERSON COUNTY CIVIL SERVICE COMMISSION
Pertaining to Civil Service in the
JEFFERSON COUNT Y SHERIFF'S OFFICE
In accordance with the provisions of RCW 41.14 pertaining to Civil Service in the Sheriff's
Office, the Jefferson County Civil Service Commission hereby adopts the following revised
Rules:
These Rules may be changed or amended by the Commission periodically as necessary to
remain consistent with RCW, county resolutions, or other applicable laws, or, as determined in
the best interests of the County, the Sheriff's Office, or personnel affected by the rules.
RULE 1. - DEFINITIONS
The following definitions shall govern the terms used in these Rules.
1. ALLOCATE: shall mean the act of assigning each position to its proper class.
2. APPOINTING POWER/AUTHORITY: 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.
3. APPOINTMENT: includes all means of selecting, appointing, or employing any
person to any office, place, position, or employment subject to Civil Service.
4. CAREER TRACK: means a grouping of classifications which the Commission
determines have the same general area of concern or responsibility.
5. CERTIFY: shall mean the act of the Commission in supplying an Appointing Power
with the names of applicants who are eligible for appointment to the class and positions
in the classified service for which certification is requested.
6. CLASS OR CLASSIFICATION: shall mean a position or group of positions having
similar duties and responsibilities, requiring similar qualifications, which can be
properly designated by one title indicative of the nature of the work and which carry
the same salary range.
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7. COMMISSION: means the Jefferson County Civil Service Commission as provided in
these Rules and RCW 41.14.
8. COMMISSIONER: means any one of three members of such Commission.
9. CONTINUOUS SERVICE: shall mean employment in the classified service as a
regular or probationary employee which is uninterrupted except for authorized leave of
absence or separation due to layoff; however, time lost due to layoff or suspension
shall not be included in the determination of length of continuous service.
10. COUNTY: means Jefferson County, in the State of Washington.
11. DEMOTION: shall mean the assignment of an employee from a position in one class
to a position in a lower class, within the same career track, having a lower maximum
salary rate, or a reduction in salary to a lower step in the same salary range.
12. ELIGIBLE: shall mean a person listed on an active employment list after satisfactorily
passing a duty related examination.
13. EMERGENCY EMPLOYEE: shall mean any employee whose services are required
to meet the immediate requirements of emergency conditions whenever due to lack of
time or otherwise it is impossible to secure the services of persons through the Civil
Service Commission.
14. EMPLOYEE: means any classified person regularly employed in the office of the
Jefferson County Sheriff, either on a part- time or full time basis.
15. EMPLOYMENT LIST: shall mean a list of all persons who have qualified for
conditional job offer to positions within a certain class under the provisions of these
Rules, and who have not yet been appointed to such class and who have not been
removed from such list in accordance with these Rules.
16. GENDER: Male gender or female gender may be used when both masculine and
feminine are necessary. All pronouns shall be considered neutral and shall therefore
refer to both male and female employees equally.
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17. LATERAL EMPLOYMENT LIST: shall mean a list of all persons who have
qualified for conditional job offer to positions within a certain class under the
provisions of these rules and who have not yet been appointed to such class and who
have not been removed from such list in accordance with these rules. Lateral
employment list shall consist of persons who have taken a lateral entry test given by
the Commission.
18. LAY OFF: means separation from the classified service because of lack of funds or
work and without cause on the part of the employee.
19. ORIGINAL APPOINTMENT: shall mean regular appointment from an employment
list to a position in the classified service.
20. POSITION: means an office or employment whether part-time or full-time, temporary
or regular, occupied or vacant, composed of specific duties. As used in these Rules,
the term has no application to volunteers.
21. PROBATION: shall mean a one-year period during which an appraisal of an
employee's skills, aptitudes, and adjustments are made prior to regular appointment in
that position. (RCW 41.14.130)
22. PROBATIONARY EMPLOYEE: shall mean any employee who is serving his/her
one-year probationary period prior to being approved for retention as a regular
employee upon satisfactory completion of probation.
23. PROMOTION: shall mean the assignment of an employee to a position in a higher
class within the same career track having a higher maximum salary than the position
from which the assignment is made.
24. PROMOTIONAL LIST: shall mean an employment list established by a promotional
examination.
25. PROVISIONAL APPOINTMENT: means a non-competitive appointment made for a
period of not more than four months in any one year unless otherwise approved by the
Commission, to fill a classified position, pending the establishment of an employment
list for the class.
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26. PROVISIONAL EMPLOYEE: shall mean any employee filling a provisional
appointment position.
27. QUALIFICATION: shall mean those minimum requirements which an applicant for
any position subject to these Rules under civil service must demonstrate, must be a
citizen of the United States who can read and write the English language,
(RCW 41.14.100) and shall mean the knowledge, skills, abilities, and traits identified
by the Appointing Authority and approved by the Commission.
28. REGULAR EMPLOYEES: means employees whose retention have been approved in
writing at the satisfactory completion of their one-year probationary period in that
position.
29. RESIGNATION: means the termination of employment of an employee at the request
of the employee, in writing to the Appointing Power.
30. SUSPENSION: means an enforced absence without pay for disciplinary purposes, or
pending further investigation of charges made against an employee when the
Appointing Authority has reason to believe serious misconduct has been committed
which will be found to warrant discharge when further investigation is completed.
31. TEMPORARY APPOINTMENT: means a non-competitive appointment made to fill
a temporary position authorized for 1 year or less, or to fill a vacancy created by the
temporary absence of an employee such as a disability or a leave of absence for less
than one year.
32. TRANSFER: shall mean the assignment of an employee from one position to another
position having similar duties within the same class and within the same minimum and
maximum salary, for which prior eligibility has been established as the position from
which assignment is made.
33. VACANCY: shall mean a position existing or newly created, which is not occupied,
and for which funds are available.
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RULE 2. - ORGANIZATION
Section 1. Commission Created . There is hereby created a Civil Service Commission
composed of three members who shall be appointed by the Board of County Commissioners.
(RCW 41.14.030)
Section 2. Qualifications . No person shall be appointed to the Commission who is not a
citizen of the United States and an elector of the County.
Section 3. Term of Office . The Commissioners appointed shall serve for 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. Each member shall continue to hold office after the
expiration of the member's term until a successor has been appointed.
Section 4. Removal . 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. Incompatibility as used in this section and in RCW 41.14.030 means holding beliefs or
taking actions which are incompatible with merit system principles or the general purposes of
Civil Service, or contrary to the interest of good personnel administration. No Commissioner
shall be removed unless charges have been preferred in writing and due notice given. A full
hearing shall be held before the County Commissioners if the Commissioner contests the
charges and requests a hearing in writing directed to the Board of Jefferson County
Commissioners.
Section 5. Vacancies. Any vacancy in the Commission shall be filled by the County
Commissioners for the unexpired term.
Section 6. Quorum Requirements . 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.
The chairman may vote on all matters.
Section 7. Compensation --Duties. The members of the Commission shall have clearly
demonstrated an interest and belief in the merit principles, shall serve without compensation,
shall not hold any salaried public office or engage in regular County employment other than
Commission duties, shall not have been an officer of a political party for a period of one year
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immediately prior to such appointment and shall not serve in a partisan elective office during
the term to which they are appointed. Any Commissioner who elects to perform an act
contrary to this section shall be deemed to have resigned from office as a Commissioner, and
to have engaged in conduct which is incompatible under RCW 41.14.030 and these rules.
Section 8. Expenses. The members of the Civil Service Commission shall be reimbursed for
necessary expenses incurred while actually engaged in the performance of their official duties
in like manner as is provided by law for County officers.
Section 9. Political Affiliation . At the time of appointment, not more than two
Commissioners shall be adherents of the same political party.
Section 10. Election of Chairman . Within 30 days of commencement of the full term of a
newly appointed member or the vacancy of the office of chairman or vice-chairman, the
Commission shall elect a chairman and vice-chairman. Thereafter, the Commission shall elect
a chairman and vice-chairman at the regular February meeting in each odd-numbered year.
Section 11. Meetings. The Commission shall hold regular meetings at least once a month,
and such additional meetings as may be required of the Commission for the proper discharge
of its duties. (RCW 41.14.050)
The regular meetings of the Commission will be held monthly at times established by the
Commission. Additional meetings required to properly discharge Commission duties may be
called with proper public notice, on the call of the chairman. A public record shall be kept by
the Commission of all actions of the Commission. The record may consist of a tape recording
of the proceedings and official minutes.
Section 12. Chief Examiner . (RCW 41.14.050 & 41.14.210)
(1) The Commission shall appoint a Chief Examiner. The Chief Examiner shall be
responsible for records of the Commission, preserve all reports made to it, supervise
and keep a record of all examinations held under its discretion, and perform such other
duties as the Commission may prescribe.
(2) The Chief Examiner shall be appointed as a result of competitive examination, which
examination must be open to all properly qualified citizens: 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 Sheriff's Office.
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(3) The County Commissioner's office shall provide an assistant to the Chief Examiner.
This employee's duties shall include recording all meetings of the Commission, provide
official minutes and other duties necessary as determined by the Chief Examiner or the
Commission.
(4) 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 Commission's Rule 2,
section 4.
(5) The Chief Examiner's term of appointment shall be for 6 years.
(6) The Chief Examiner shall serve without compensation and is subject to the same
qualifications as a Civil Service Commissioner. (Rule 2, section 7)
(7) The Chief Examiner shall be reimbursed for expenses. (Rule 2, section 8)
Section 13. Commission --Duties. It shall be the duty of the Civil Service Commission:
(RCW 41.14.060)
(1) To make suitable Rules not inconsistent with the provisions of the Sheriff's Civil
Service Act. Such Rules shall provide in detail the manner in which examinations may
be held, and appointments, promotions, 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 Act, or which may
be found to be in the interest of good personnel administration. The Rules and
regulations and any amendments thereof shall be reproduced for public distribution.
The Commission may amend these Rules, adopt supplemental Rules, and hold such
hearings as it finds necessary to perform the duties and responsibilities vested in it.
(2) To give practical tests which shall consist of subjects which in the judgment of the
Commission 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
knowledge, physical fitness and manual skill, endurance, and psychological fitness and
suitability.
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(3) To make investigations concerning and report upon all matters touching the
enforcement and effect of the provisions of this Act, and the Rules and regulations
prescribed hereunder; to inspect all departments, offices, places, positions, and
employments affected by the Civil Service Act and ascertain whether the Civil Service
Act and all such Rules and regulations are being obeyed.
(4) To conduct hearings and investigations in accordance with RCW 41.14 and by the
Rules of practice and procedure adopted by the Commission.
(5) To hear and determine appeals or complaints respecting the allocation of positions, the
rejection of an examinee, discipline of non-probationary employees, and such other
matters as may be referred to the Commission.
(6) To provide, 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
employment list in the order of their seniority, to the end that they shall be the first to
be re-employed or reinstated 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 three persons highest on the Employment List for the
class. If there is no such list, to authorize a provisional or temporary appointment list
for such class. Such temporary provisional appointment shall not continue for a period
longer than four months; nor shall any person receive more than one provisional
appointment or serve more than four months as provisional appointee in any one fiscal
year unless otherwise approved by the Commission.
(8) To keep such records as may be necessary for the proper administration of this Act.
(9) The Commission may submit periodic reports and/or recommendations regarding the
activities of the Commission pertaining to the application of merit principles in
personnel administration with the Sheriff's Office.
Section 14. Commission Authority . The Commission has all powers vested in it under
Washington law, which shall be executed in a manner consistent with this section.
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(1) The Commission shall afford all parties appearing before it in a contested hearing full
opportunity to examine and cross-examine all witnesses and to present any evidence
pertinent to the dispute.
(2) In the course of an investigation or hearing, the presiding officer shall administer oaths,
compel attendance of witnesses, and compel production of and examine documents
pertaining to the hearing.
(3) The Commission is not bound by the rules of evidence, and proceedings may be
conducted with informality. All relevant evidence is admissible which, in the opinion
of the chairman, is the best evidence reasonably obtainable, having due regard for its'
necessity, availability, and trustworthiness. Specific rules are contained in Rule 11,
Section 11 of this document.
(4) The decisions of the Commission shall be based solely on the record as presented in
the hearing; shall be issued within ten (10) days of the conclusion of the hearing unless
extended by stipulation of the parties or on a written order of the Chairman; and shall
be final and binding upon all parties to the dispute, subject only to appeal as provided
by law.
Section 15. Budget . The Civil Service Commission shall submit a budget to the Board of
Commissioners in each fiscal year for which an appropriation is needed to administer these
Rules.
Section 16. County Assistance . All employees and officials of the Sheriff's Office and other
County Officials shall aid in all proper ways in carrying out these Rules and related Rules as
may be adopted and amended periodically, and shall afford the Commission all reasonable
facilities and assistance in inspecting all public records related to civil service and by offering
testimony and documentary evidence whenever required to do so by the Commission or any
Commissioner, or by the Chief Examiner acting on behalf of the Commission.
(1) If the Commission finds that a personnel action was discriminatory or that a removal,
discharge, suspension or demotion was not taken for cause, the Commission may order
appropriate relief, including but not limited to:
a. Cease and desist;
b. Corrective action such as referral for employment; training; immediate
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reinstatement or re-employment; restoration of lost wages; restoration of lost
service time; and expungement and sealing of records. The sealing of records
shall be done in a manner consistent with RCW 42.17.
(2) Nothing herein shall prohibit the County and an employee or applicant from
negotiating and reaching a mutual settlement prior to Commission action.
(3) Appeals must be filed in accordance with these Rules and Washington law, and shall
not be considered filed until received in writing by the Chief Examiner in the capacity
as Secretary to the Commission. Appeals shall be deemed filed when notice is served
upon the assistant to the Chief Examiner. Such service may be accomplished by
mailing or delivering the required written documents to the office of the Board of
County Commissioners at the Jefferson County Courthouse, P.O. Box 1220, Port
Townsend, WA 98368
RULE 3. - GENERAL PROVISIONS
Section 1. Appointments to be Based Upon Merit . All appointments and promotions to
positions in the classified service shall be made solely on merit, efficiency, and fitness, which
shall be ascertained by open competitive examination and impartial investigation. No person
in the classified service shall be reinstated or transferred, suspended, demoted, removed, or
discharged from any position of employment contrary to the provisions of the Sheriff's Civil
Service Act.
Section 2. Authority to Fix Salaries Retained . All employment within the purview of
Chapter 41.14 RCW shall be filled by the Appointing Power with the consent of the Board
of County Commissioners. These Rules shall not infringe upon or diminish such authority
that an Appointing Power may have to fix the salaries and compensation of all employee’s
subject to these Rules. (RCW 41.14.140)
Section 3. Payroll --Certification by Commission . No treasurer, auditor, or other office, or
employee of any county subject to Chapter 41.14 RCW shall approve the payment of or be
in any manner concerned in paying, auditing, or approving any salary, wage, or other
compensation for 41.14 RCW unless a payroll, estimate, or account for such salary, wage, or
other compensation, containing the names of the persons to be paid, the amount to be paid to
each such person, the services on account of which same is paid, and any other information
which, in the judgment of the Civil Service Commission, should be furnished on such payroll,
bears the certificate of the Civil Service Commission, or of its chief examiner or other duly
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authorized agent, that the persons named therein have been appointed or employed in
compliance with the terms of Chapter 41.14 RCW and the Rules of the Commission, and
that the payroll, estimate, or account is, insofar as known to the Commission, a true and
accurate statement. Unless otherwise changed by the Commission, the County payroll officer
is designated as the Commission's Authorized Agent. If the Commission finds that any public
officer or employee is illegally or improperly appointed, the Commission shall certify such
finding to the Auditor, Board of Commissioners, and the County Prosecutor.
(RCW 41.14.150) The County shall take prompt remedial action to come into compliance
with RCW 41.14 and these Rules.
Section 4. Enforcement . The Commission may begin and conduct civil suits which may be
necessary for the proper enforcement of the Civil Service Act and Rules of the Commission.
The Commission shall be represented in such suits by the Prosecuting Attorney of the County,
or in the case of conflict, independent counsel retained by the Commission.
Section 5. Prohibited Practices . No Commissioner or any other person, shall, by
himself/herself or in cooperation with others, defeat, deceive, or obstruct any applicant or
employee in respect of rights of examination or registration according to the Rules and
regulations, or falsely mark, grade, estimate, or report upon the examination or proper
standing of any person examined, registered, or certified pursuant to these Rules and
Chapter 41.14 RCW, or aid in so doing, or make any false representation concerning the
same, or concerning the person examined, or furnish any person any special or secret
information for the purpose of improving or injuring the prospects or chances of any person so
examined, registered, or certified, to be examined, registered, or certified, or persuade any
other person, or permit or aid in any manner any other person to personate another in
connection with any examination or registration or application or request to be examined or
registered.
The right of any person to an appointment or promotion to any position in a Sheriff's Office
shall not be withheld because of race, color, creed, national origin, sex, sexual orientation,
marital status, age, political affiliation or belief, or disability which is subject to reasonable
accommodation, nor shall any person be dismissed, demoted, or reduced in grade for such
reason. (RCW 41.14.180)
Section 6. Political Activity . No public officer whether elected or appointed, shall discharge,
promote, demote, or in any manner change the official rank, employment, or compensation of
any person in the classified service or promise or threaten to do so for giving or withholding,
or neglecting to make any contribution of money, or service, or support, or any other valuable
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thing, for any political purpose. (RCW 41.14.90)
Section 7. Violations . Any person who willfully violates any of the provisions of
Chapter 41.14 RCW shall be guilty of a misdemeanor, and upon conviction thereof, may be
punished in accordance with and under state law by a fine of not more than $100 and by
imprisonment in the County jail for not longer than 30 days or by both such fine and
imprisonment. The Superior Court shall have jurisdiction of all such offenses.
(RCW 41.14.220)
Section 8. Severability and Relationship to County and Sheriff's Office Rules and Policies .
If any section, sentence, clause, or phrase of these Rules shall be held to be invalid or
unconstitutional, the validity or constitutionality thereof shall not affect the validity or
constitutionality of any other section, sentence, clause, or phrase of these Rules.
(RCW 41.14.900) These Rules shall take precedence over any conflicting County or Sheriff's
Office policy which relates directly to and is inconsistent with these Rules or the proper
administration of the civil service system under the jurisdiction of the Commission. Nothing
in these Rules shall be construed as limiting the ability of the County and the Sheriff's Office
from adopting Rules, policies, or regulations which are not inconsistent with RCW 41.14 and
these Rules.
RULE 4. - CLASSIFICATION
Section 1. Classified Service Defined . The classified service shall include all full-time and
part-time (20 hours per week or more) employees of the Sheriff's Office, but shall not include
emergency employees, grant employees, provisional employees, temporary employees,
Emergency Services Section employees, Reserves and other volunteers.
The unclassified position appointments authorized by RCW 41.14.070 must include
selections from the following positions up to the limit of the number of positions authorized:
Undersheriff, Inspector, Chief Criminal Deputy, Chief Civil Deputy, Jail Superintendent, and
Administrative Assistant or Administrative Secretary. The initial selection of specific
positions to be exempt shall be made by the Sheriff, who shall notify the Civil Service
Commission of his/her selection. Subsequent changes in the designation of exempt positions
may be made only with the concurrence of the Sheriff and the Civil Service Commission, and
then only after the Civil Service Commission has heard the issue in open meeting. Should the
position or positions initially selected by the Sheriff to be exempt and unclassified pursuant to
this section be occupied and covered by these Rules under the classified service at the time of
such selection, an employee occupying any such position shall have the right to return to the
next highest position or a like position under the classified service. (RCW 41.14.070)
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Section 2. Classification Schedule . The Commission shall provide and maintain a detailed
schedule of the classification of positions in the classified service in the form of job
descriptions.
Such schedule shall be comprised of:
(1) A grouping of all the classifications by class series or career track under the Jefferson
County Civil Service Commission (Amended 3/17/99, 3/16/05, 8/11/09, 1/28/14 and 2/27/18).
a. OPERATIONS
Deputy
Sergeant (Patrol)
Captain
b. UNIFORM SUPPORT SERVICES
Corrections Officer
Sergeant of Corrections
Courthouse Security Officer
Animal Services Officer
Control Room Operator
c. SUPPORT SERVICES
Administrative Clerk
Records Officer
Property and Evidence Officer
Warrant Clerk (Position transferred to JeffCOM)
(2) A class title (e.g., Sergeant) shall identify each class; in some cases, a working title
may further clarify various position descriptions within each class (e.g., Sergeant
assigned to Field Operations).
(3) Job descriptions setting forth the sum and substance of the duties of the positions
within each class including the essential job functions, responsibilities, the activities of
the classification, and the levels of education and experience necessary for success on
the job.
(4) Job descriptions are the responsibility of the appointing authority.
Section 3. Class Specifications . The job descriptions of the various positions in the
classification schedule shall be used as a guide in the classification of positions and have the
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following force and effect:
(1) The job descriptions are descriptive and not restrictive. They are intended to indicate
the kinds of positions that are allocated to the several classes as determined by their
duties and responsibilities. Job descriptions are to be interpreted in their entirety and in
relation to others in the classification schedule. Particular phrases or examples are not
to be isolated and treated as a full definition of the class.
(2) In determining the class to which any position should be allocated, the various
descriptions of duties in each class shall be considered as a whole. Consideration shall
be given to the duties, specific tasks, responsibilities, qualification requirements and
relationships to other classes, as together affording a statement of the employment that
the class is intended to embrace.
(3) Described qualifications commonly required of all incumbents of the different classes
such as ability to perform essential job functions, United States citizenship, suitable
age, honesty, sobriety and industry, shall be deemed to be implied as qualification
requirements for entrance to each class even though they may not be specifically
mentioned in the specification.
Section 4. Employees to Perform Duties of Their Proper Class . No Appointing Power shall
require or permit an employee to perform duties outside of the proper class, except for limited
periods of time and only in emergencies promptly reported to the Commission. However,
these rules shall not preclude an appointing authority from assigning an employee with a
disability to perform work in another class during the period of disability, subject to the
provisions of Rule 8, Section 12.
Section 5. Reporting Violations of Classification Regulations . Any employee who believes
that the duties assigned and being performed are outside the proper scope of the class, shall
report the facts to the Commission. The Commission shall investigate fully and shall report its
findings to the Appointing Power and the employee involved.
Section 6. Reallocation . Whenever it becomes necessary in the administration of the Sheriff's
Office to change, add to, or take from a position duties which may change the allocation of the
position, the Appointing Power shall revise the job description to reflect the changes in duties,
and shall submit the job descriptions to the Commission with a request to determine its proper
class.
Jefferson County Civil Service Rules (Revised 02/27/18) Page: 22
Section 7. Time for Filing Requests for Reallocation . Requests for reallocation of a position
should be made, whenever possible before the budget estimate is submitted for the succeeding
budget period.
Section 8. Maintenance of Classific ation Schedule/Job Descriptions . The Commission shall
be responsible for the proper maintenance of the classification plan so that it will reflect
continuously on a current basis, the duties being performed by each employee in the classified
service, the class to which each position is allocated and the career track to which each class is
allocated. The Commission shall make necessary amendments to the classification schedule
including the addition of required new classes, revision of existing classes and deletion of
obsolete classes. Changes and reallocations within the classification schedule shall be made as
follows:
(1) The Commission shall analyze the duties and responsibilities as provided in the job
description of proposed new positions and using such appraisal as a basis, assign the
position to the appropriate class within the classification schedule and the appropriate
career track. The Commission shall also determine, after hearing the recommendations
of the Appointing Power, the appropriate minimum qualifications in order to be
considered for the classification.
(2) Changes in the duties and responsibilities of a position involving either the addition,
reduction, or modification of assignments shall be reported to the Commission by the
Appointing Power. Determination of the nature of work, the general duties, the
supervisory responsibility, and selection criteria are the responsibility of the
Appointing Power. If the changes are determined to be permanent and are sufficiently
significant to justify reallocation to a different classification, the Commission shall
assign the position to the class which is appropriate under the modified circumstances.
(3) The Commission may periodically review the classification of positions and audit
duties and responsibilities and, on the basis of this reappraisal, make such changes as
are necessary to keep the classification schedule up to date and in step with current
conditions.
Reallocations of positions under the provisions of this section shall be the responsibility of the
Commission. In exercising this responsibility, the Commission shall give due consideration to
the recommendations of the Appointing Authority.
Jefferson County Civil Service Rules (Revised 02/27/18) Page: 23
Section 9. Status of Employees Affected by Reclassification . The status of regular or
probationary employees affected by reclassification or reallocation occurring in the
administration of the classification schedule shall be resolved in the following manner:
(1) Any employee with regular status in the classified service whose position is allocated
to a class in the classification plan which is of a higher level than the class in which the
employee has civil service status shall be considered to be a provisional appointee to
the higher class. As such, the employee shall be eligible to compete on a promotional
basis for the reallocated position notwithstanding existing employment lists for the
higher class; provided, however, that such promotional examinations shall be given, or
notice of such examinations shall be published, within 60 calendar days of the
effective date of the allocation. The names of such employees who successfully pass
the examination for the position shall be placed, in accordance with their rank, on the
promotional list which exists for that class, if any. No employee shall be promoted or
advanced to a higher class by such a change without being eligible for appointment to
such higher class by reason of the employee's position on the appropriate eligibility list.
The names of eligible employees shall have probationary status in the class. If the
employee is not appointed as a result of the examination, the employee shall be
assigned or, upon the approval of the Appointing Power, be transferred to a vacant
position having the same classification as that in which the employee has regular civil
service status, or, if no vacancy exists the employee shall be placed in the same or
lower classification in the same career track, for which the employee is qualified
according to seniority. If the employee is placed in a lower class, the employee shall
be granted status in the lower class without further examination or loss in pay, and the
employee's name shall be placed on the appropriate employment list for the higher
class in which the employee holds regular status.
(2) Incumbents of positions which are reallocated to a class which the commission
determines to be substantially equivalent to the positions occupied by such personnel at
the time reallocation is taken, shall be given regular status in the positions to which
they are allocated.
Section 10. Classification Status of Employees Resulting from Consolidation of Classes .
When the class of work of an employee is consolidated with another class, the employee shall
retain the classification status possessed in the former class prior to the consolidation. The
employee's name shall automatically be placed on the appropriate employment lists for the
former class and the employee shall be reinstated to a position in the former class should such
class be re-established.
Jefferson County Civil Service Rules (Revised 02/27/18) Page: 24
RULE 5. - APPLICATIONS FOR POSITIONS
Section 1. Announcement of Examinations . Public notice of examinations shall be given at
least ten days in advance of the last date for filing of applications by publication in one or
more newspapers of general circulation published in the County, by posting announcements on
bulletin boards in the corridors of the county courthouse and in such other places and in such
other manner at the Commission may deem advisable. A copy of promotional examination
announcements shall be provided to each classified employee and posted on official bulletin
boards of the department and need not be published in newspapers.
Section 2. Content of Announcements . The examination or promotional announcement shall
contain:
(1) Identification and description of the position or job classification which is intended to
be filled through examination or promotion;
(2) The pay of the positions in the classes for which the examinations are to be held;
(3) The time, place and manner of making application to admission to such examination;
(4) A schedule of dates, times, and locations of the examination or promotional process;
(5) Specification of the requirements for participation in the examination process including
closing dates for filing applications; and
(6) Description of the process to be used for the testing, evaluation, and selection of
personnel within the selection process.
At the request of the Appointing Power, or on its own motion, the Commission may require
qualifications for lateral entry, including but not limited to Washington certification as a police
officer or corrections officer, out of state certification as a police officer or corrections officer,
years of service as an officer, or other special skills, experience, or qualifications.
Section 3. Filing of Applications . All applications must be made upon the application form
prescribed by the Commission, filled out completely as directed, and filed with the Chief
Examiner on or before the closing date specified in the examination announcement. Each
application must be signed by the applicant. Such signature constitutes a certification that all
Jefferson County Civil Service Rules (Revised 02/27/18) Page: 25
information contained therein is true and complete to the best of the knowledge of the
applicant. The Commission may conduct pre-employment investigations to verify the past
employment record and to obtain other information relating to the qualifications of the
applicant. The Commission may require an applicant to provide substantiation of statements
or qualifications.
Section 4. Ge neral Requirements for Filing Applications .
(1) No person shall be admitted to any examination for a position in the classified service
until they shall have filed a properly completed application upon the form provided by
the Commission.
(2) Every person making application must meet the requirements as shown in the
announcement of examination for the particular position for which the applicant is
applying.
(3) The Commission, after securing the recommendations of the Appointing Power, may
prescribe limits of minimum age and such other specific requirements, physical or
otherwise, as in its judgment are required by a bonafide occupational qualification.
(4) An applicant for a position of any kind in the classified service must be a citizen of the
United States who can read and write the English language. (RCW 41.14.100)
(5) Applicants may be required to prepay the cost of written examinations. No person
shall be denied access due to inability to pay. Anyone withdrawing prior to the written
examination may receive a refund.
Section 5. Rejection of Application . The Chief Examiner may reject any application or
applicant for cause, among which the following shall be sufficient.
(1) That the applicant fails to meet any of the published requirements for the class for
which application is made.
(2) That the applicant does not meet a bonafide occupational qualification.
(3) For any of the causes enumerated in Rule 9, Section 4.
(4) That the applicant has made false statement in the application with regard to any
Jefferson County Civil Service Rules (Revised 02/27/18) Page: 26
material fact, or failed to furnish true and complete statements in the application or in
an interview. That the applicant failed to properly complete the application form
provided by the Commission.
(5) That the applicant, after notification did not promptly appear at the proper time and
place designated for any portion of the examination.
(6) That the applicant practiced or attempted practice fraud or deception in connection
with the filing of an application.
(7) That the applicant used or attempted to use political pressure or bribery to secure an
advantage in testing or appointment.
Section 6. Postponement and Cancellation of Examinations . Any examination may be
postponed or canceled at the discretion of the Commission. In either case, each applicant shall
be notified of the postponement or cancellation. The Chief Examiner or Commission may
postpone an examination or an individual’s taking of an examination if the best interests of
the county will be served.
Section 7. Rejected Appli cations. Whenever an application is rejected, a timely notice of
such rejection shall be forwarded to the applicant which shall set forth the reason for such
rejection. Any application which is rejected because of defects or omissions may be corrected
by the applicant at the Commission office at any time prior to the date of examination. Any
person whose application has been rejected by the Chief Examiner may appeal such action to
the Commission subject to these rules, within 10 days.
Section 8. Freedo m From Bias. The application form shall contain no question so formed as
to elicit any information concerning political affiliation, sexual orientation, marital status, race,
physical disability, or religious affiliations of the applicant.
RULE 6. - EXAMINATIONS
Section 1. Examinations shall be Impartial . All examinations shall be impartial and shall
relate to those matters which test fairly the capacity and fitness of the candidate to discharge
efficiently the duties of the position to be filled. Examinations may be assembled or
unassembled and may include written, oral, physical, or performance tests or any combination
of these.
Jefferson County Civil Service Rules (Revised 02/27/18) Page: 27
Section 2. Examination Process .
(1) The Chief Examiner shall formulate, validate and conduct competitive examinations
for entrance and promotion in accordance with the principles and requirements of equal
employment opportunity laws. The goal of recruitment, and of all steps of the
examination process, shall be to serve the dual purpose of providing the best possible
candidates for positions while ensuring that the affirmative action goals for the County
are met.
(2) Examination procedures will be modified to accommodate disabled persons who are
regarded as having a physical, sensory, or mental impairment, if the applicant is found
to be able to perform the essential job functions of the position with reasonable
accommodation.
(3) Tests shall be open to all persons whose applications demonstrate the required
qualifications and who may be appointed to a position in the class for which a list is to
be established, except as otherwise provided in these Rules. The Commission shall
approve such requirements as the Appointing Authority may establish as minimum
qualifications and requirements for each classification. These may relate to experience,
training, physical condition and health, and other factors which relate to the ability of a
candidate to perform effectively the duties of a classification.
a. Who May Compete. Examinations designed to establish entrance lists shall be
open to all persons who appear to meet minimum qualifications and other
requirements for the class as stated in the class specification and as set forth in
the announcement.
b. Competition in Promotional Examinations. Promotional examinations shall be
open to current employees who have acquired regular status, meet the minimum
qualifications and tenure as stated in the job description and as set forth in the
announcement.
(4) (Amended 10/19/05) The appointing authority may contract with approved private
testing firms to provide the qualifying written and/or physical examination for
entry level Deputy Sheriff and/or Corrections Officer. Such testing shall meet
with the approval of the Chief Examiner, and shall meet the requirements of the
Commission.
Jefferson County Civil Service Rules (Revised 02/27/18) Page: 28
Section 3. Examination Administration .
(1) Scheduling of Examinations. Examinations shall be scheduled at such time or times as
the Chief Examiner or the Commission may approve.
(2) Preparing and Conducting Examinations. The Chief Examiner shall obtain from an
appropriate source, prepare or cause to be prepared all examinations, and the testing
process shall be approved by the Commission prior to the holding of the examination.
Section 4. Character of Examinations . Tests shall be job related and competitive, and must
be designed to determine the qualifications, fitness, competence and ability of candidates to
perform the duties of the class for which a list is to be established. They may be written, oral,
physical, in the form of a demonstration of skill, and evaluation of training and experience, or
any combination of such types. They may take into consideration education, experience,
aptitude, capacity, knowledge, character, physical fitness, length and quality of service, and
other qualifications to determine the relative fitness of the candidates. Applicants may be
required to pass a background investigation. Once conditionally offered employment,
applicants may be required to pass a pre-placement physical examination administered by a
licensed physician, a psychological exam, drug test and/or polygraph exam.
Section 5. Medical Examinations . Following initial, conditional selection from a list,
applicants for positions in the classified service may be required to undergo psychological
and/or medical examinations prior to actual employment to determine physical and mental
suitability and fitness to perform work in the position to which appointment is to be made.
Such exams shall be paid for by the appointing authority and shall remain the custody of the
appointing authority.
All employees in the classified service during their period of employment may be required by
the appointing authority, to undergo periodic medical, and/or mental examinations at the
expense of the appointing authority to determine their continued physical or mental suitability
to perform the work of the position in which they are employed. The appointing authority
shall notify the employee in writing of the reasons for the examination.
Section 6. Identity of Examinees Concealed. The identity of all persons taking a competitive
written test shall be concealed from the examiners by the use of an identification number
which shall be used on all examination papers. This number shall be used from the beginning
of the examination until the papers have all been rated. Any papers carrying the name of the
applicant, or any other identification mark, or any candidate who reveals the identification
Jefferson County Civil Service Rules (Revised 02/27/18) Page: 29
number to the Commission or any member of its staff directly or indirectly shall be
disqualified and the candidate so notified.
Section 7. Rating of Examinations . The Chief Examiner shall determine a final score for
each applicant's examinations. Any physical agility exam will be graded pass/fail. The weight
given to any portion of the selection process shall be determined by the Commission prior to
announcing the test. The Commission may determine the minimum passing grade on any
portion of the test and/or the final combined test score to ensure obtaining the best qualified
applicants. The Commission may also elect to determine the final passing score based upon
the number of candidates necessary on an employment list to provide the Appointing
Authority sufficient eligible candidates for a period of at least one year or as determined by
the Commission. Any candidate who fails to attain at least this minimum grade shall be
considered to have failed the examination and shall not be examined on any further parts.
(1) Method of Rating. In all tests, a minimum rating shall be established which is required
to achieve eligibility. Such minimum ratings may also apply to the rating on any parts
of the test, and candidates may be required to obtain minimum ratings on separate parts
in order to receive passing grades, or to be rated on the remaining parts of the tests.
The final earned rating of each competitor shall be determined by adding the earned
rating on each part of the test in accordance with weights established prior to the date
of the test.
(2) Rating of Experience and Training. When a rating of experience and training forms a
part of a test, the examiner shall develop procedures for the evaluation of those factors
that will serve to assist in the selection of the best qualified candidates. Procedures that
are adopted shall give due regard to quality, recency, and amount of experience, and to
the pertinency and amount of training. In establishing the value that a rating of
experience and training shall bear to the total test, and in determining the length of
time for which experience credit shall be awarded, consideration shall be given to the
amount of learning time required to perform efficiently the duties of the position.
Section 8. Veteran's Preference . In all competitive examinations, the Commission shall give
a preference status to all veterans as defined in RCW 41.04.005, by adding to the final passing
mark, grade, or rating only, a percentage in accordance with RCW 41.04.010.
Section 9. Service Credit in Examinations . Prior service will be credited as follows:
(1) Entry Level Examinations. Prior Service will be credited to the final score. Reserve
Jefferson County Civil Service Rules (Revised 02/27/18) Page: 30
service in the Jefferson County Sheriff's Office or for full-time classified service in
other law enforcement agencies = .25 points per year, not to exceed 2.5 points; full-
time classified service in the Jefferson County Sheriff's Office = .5 points per year, not
to exceed 2.5 points.
Section 10. Establishing Answer Key/Challenge to Test Answers . Where the nature of the
examination permits, the Commission may provide for a review by the candidate of the
questions and the answer key. Such review shall be available for the period of seven days
immediately following the examination. During this period, any candidate may review the
answer key in the presence of the Commission or its authorized representative, and discuss the
answers to which candidate takes exception. No notes shall be made by the candidate. Should
a candidate, after such review and discussion, wish to challenge any answer contained in this
key, the candidate shall submit to the Commission in writing authoritative proof of the
invalidity of the answer the Commission regards as most correct. Any such written challenges
must be received by the Chief Examiner within fifteen days of the date of the exam, and shall
be considered by the Commission. If the Commission is satisfied as to the validity of the
candidate's point of view, the proposed changes shall be made a part of the examination
answer key. When the correct answer to any question is changed, all candidates shall be
notified of the change and shall be notified of any change to their test score. The Chief
Examiner shall re-open the appeal period for appeals to only those questions for which the
correct answer was changed and all candidates shall be so notified. The original examination
answer key, together with any changes, shall constitute the final answer key for the exam. The
final examination answer key shall be used in scoring all examination papers.
Section 11. Notification of Result s/Errors in Scoring. Each applicant taking the examination
shall be given written notice of the results thereof, and, if applicable, of the final earned rating
and relative position on the employment list. Any applicant shall have the right to personally
inspect the applicant's written examination papers within seven calendar days after the posting
of the employment list resulting from the examination. The purpose of such inspection shall
be to check for errors in grading or rating and shall not include an inspection of the test
questions or answers. Such personal inspection shall be made in the presence of the Chief
Examiner or an authorized representative the Commission, and no notes shall be made by the
applicant. An error in grading or rating, if called to the attention of the Commission within
the inspection period, shall be corrected. Corrections shall not, however, invalidate an
appointment previously made, except that, in the case of a promotional examinee, any error
discovered within seven calendar days after the posting of the promotional list shall be
corrected, and any promotions made on the basis of the error shall be adjusted accordingly.
Jefferson County Civil Service Rules (Revised 02/27/18) Page: 31
Section 12. Time Interval . Any person who competes in an examination for a particular
class shall not be eligible to compete in another examination for the same class within six
months of the first examination unless otherwise authorized by the Civil Service Commission.
Section 13. Retention . Examination material shall be retained for six years. Any release of
the examination or results of the examination shall be consistent with RCW 42.17.
RULE 7. - EMPLOYMENT LISTS
Section 1. Establishment of Lists . The Commission shall establish and maintain lists of
eligibles necessary to provide an adequate supply of qualified candidates for positions in the
classified service. Lists shall be established by class of employment.
(1) Employment Lists. An employment list shall be established and maintained for each
class of positions to be filled on an entrance basis and shall consist of the names of all
persons who have passed the examinations for that class. At the request of the
Appointing Authority, subject to the provisions of Rule 5, section 2, the Commission
may also establish and maintain lateral employment lists for each class of positions to
be filled on an entrance basis.
a. Laid-off Employees. Each employment list shall be headed by the names of
persons who have been classified employees and who were laid off from a
position in that class because of shortage of funds, lack of work, abolishment of
position, or for other reasons beyond the control and through no fault of the
employee.
b. Employees Returning from Leaves of Absence. Following the names of
employees described in subparagraph (2)(a) above, names of employees
returning from a one year leave of absence as established in Rule 9, section
9(2) shall be placed on the list in order of the date of their request to return.
c. Eligibles. Following the names of employees described in subparagraph (2)(a)
and (b), names of eligibles shall be placed on lists in the order of their final
earned ratings plus any preference credits to which they may be entitled.
Where ties exist, names shall be arranged in order of the candidate whose
application was received first.
(2) Promotion Lists. A promotion list shall be established and maintained for each class of
positions to be filled on a promotional basis and shall consist of the names of all
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employees who have passed a promotion test for the class. Where there are less than
four positions in a promotive classification, a promotion list for such classification
need not be established and maintained until such time as it is necessary to fill a
vacancy therein by appointment in accordance with these Rules.
a. Demoted Employees. Each promotion list shall be headed by the names of
persons who have been classified employees and who were demoted or
reclassified to a lower class from a position in that class because of shortage of
funds, lack of work, abolishment of positions, or for other reasons beyond the
control and through no fault of their own.
b. Employees Returning from Leaves of Absence. Following the names of
employees described in subparagraph (2)(a) above, names of employees
returning from a one year leave of absence as established in Rule 9, section 9(2)
shall be placed on the list in order of the date of their request to return.
c. Eligible Employees. Following the names of employees described in sub-
paragraph (2)(a) and (b) above, names of eligibles shall be placed on lists in
the order of their final earned ratings. Where ties exist, names shall be
arranged in order of the candidate whose application was received first.
Section 2. Duration of Lists .
(1) Employment Lists/Lateral Employment Lists. The duration of an employment list or
lateral employment list is limited to twelve (12) months from the date the list was
established. An employment list or lateral employment list may be extended not to
exceed an additional twelve months if, in the opinion of the Commission, the best
interests of the classified service would be served thereby. An employment list or
lateral employment list may also be canceled when it contains less than three names.
Except for individuals on layoff status or returning from a one year leave of absence,
eligibles remaining on the employment list when the list expires or is cancelled shall be
re-tested in order to be placed on the new employment list.
(2) Promotion Lists. The duration of a promotional list is limited to eighteen (18) months
from the date the list was established. A promotion list may be canceled when less than
three eligibles remain on the list to be certified by the Commission for an existing
vacancy. Except for individuals on layoff status or returning from a one year leave of
absence, eligibles remaining on the employment list when the list expires or is cancelled
Jefferson County Civil Service Rules (Revised 02/27/18) Page: 33
shall be re-tested in order to be placed on the new promotion list.
Section 3. Removal of Names .
(1) The Commission may remove a name from a list permanently or temporarily for any of
the reasons set forth in Rule 5, Section 4, and for the following reasons:
a. Certification and appointment to fill a classified position.
b. Failure to respond within ten days from the date of mailing to a written inquiry
of the Chief Examiner or an Appointing Power relative to availability for
appointment.
c. Failure to respond to notice to appear for employment interview within the time
prescribed in the notice.
d. Refusal of offer of an appointment. The Commission may consider mitigating
circumstances.
e. Failure to report for duty within the time specified by the Appointing Authority.
f. Expiration of the term of eligibility on the list.
g. Failure to maintain a record of his/her current address with the Commission as
evidenced by the return of a properly addressed, unclaimed letter, or other
evidence.
h. Willful violation of any of the Rules of the Commission.
i. In case of promotion lists, separation from the classified service.
j. Upon a finding by the Chief Examiner or Commission that the person is not
qualified to perform the duties of the class.
k. Upon written request of the eligible to have his/her name removed.
l. Making a false or misleading statement on an employment application, or for
attempted deception or fraud in connection with any test.
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m. Lack of physical ability to perform the job with reasonable accommodation, or
lack of psychological suitability.
n. Failure of any portion of an examination, including but not limited to
psychological, polygraph, medical, or background.
(2) Notification of those whose name is removed from a list shall be promptly made by the
Chief Examiner in writing, and mailed to the address of record with the Civil Service
Commission. The reason for such removal shall be given.
Section 4. Restoration of Names to Eligible Lists . An eligible whose name is removed from
a list may make a written request to the Chief Examiner for restoration of the name to the list.
The request must be postmarked within 15 days of mailing by the Commission of notice of
removal. The request must specify the reasons advanced for the requested restoration. The
Chief Examiner, subject to appeal to the Commission, shall determine whether evidence
submitted justified approval of the request. The Commission may restore the name to the
employment list.
Section 5. Availability of Eligibles. It shall be the responsibility of the eligibles to notify the
Commission in writing of changes in address, or other changes that may affect availability for
employment. However, the Chief Examiner may periodically circulate lists or use other
methods to determine current availability of eligibles.
RULE 8. - APPOINTMENTS, PROMOTIONS, AND TRANSFERS
Section 1. Appointment.
(1) The Appointing Authority has the right to not fill any subordinate position under his/her
authority due to economy, lack of funds, operational efficiency, or other good cause. A
vacancy shall not be authorized and shall not be filled until it is declared as a vacancy
by the Appointing Authority.
(2) All appointments to classified service shall be made in accordance with these Rules.
When a classified position is to be filled, the names of the three highest ranking
eligibles for the class of the position shall be considered by the Appointing Authority.
If the employment list contains names of individuals either laid off or demoted through
no fault of their own, or returning from leave of absence, the Commission shall certify
Jefferson County Civil Service Rules (Revised 02/27/18) Page: 35
the top name on the list for each vacant position.
Section 2. Certification . No person shall be appointed or promoted to a position in the
classified service unless certified as eligible, except on a temporary basis as provided herein.
(1) Employment Lists. Upon receipt of a request for certification of eligibles, the proper
number of available eligibles from the appropriate list shall be certified by the Chief
Examiner. If no appropriate list exists, the Commission shall determine the
appropriateness of authorizing a provisional appointment as provided by this Rule. If
no names of laid off employees exist for the class at the election of the Appointing
Authority, certification may be made from the promotion list for the position or from
the employment list or lateral employment list for the position.
(2) Order and Number of Names Certified. Names shall be certified in order of standing on
the list. The number of names certified from the employment lists shall be three
(3) plus one for each additional vacancy. From the promotional list, the number of
names certified shall be three (3) plus one for each additional vacancy.
(3) Notification of Eligibles. Whenever the name of an eligible is certified, the
Commission shall provide for appropriate notification to such candidate.
(4) Additional Certification to a Vacancy. Additional names may be certified to a vacancy
based upon a written report from the Appointing Authority that in the Appointing
Authority's judgment, one or more of the eligibles certified would not be suitable for the
position that is to be filled. Only job related reasons shall be considered as valid
reasons for rejection of a candidate.
(5) Action Required of Appointing Authority. Reports of actions taken on certified
eligibles by the Appointing Authority shall be recorded in the records of the
Commission. Fair consideration must be given to all names certified. The following
actions by the Appointing Authority or his/her designee are allowed and/or required:
a. Conduct a background investigation to determine the eligible person's suitability
for the position.
b. Personally interview each candidate utilizing job related criteria.
c. Request additional names to replace names of eligibles who:
Jefferson County Civil Service Rules (Revised 02/27/18) Page: 36
1. Decline or otherwise waive consideration.
2. Failed to reply within the specified period to appear for consideration.
3. Were found to be not satisfactory for valid and pertinent reasons directly
connected with the position as determined by the Commission from a
written report by the Appointing Authority.
d. Notify the Commission of each selected candidate and, after a conditional offer
of employment, when applicable, conduct a medical exam and/or drug test to
verify suitability for continued employment. Request a polygraph exam and/or
psychological exam conducted through the Commission.
e. Appoint the certified candidate following satisfactory review of information
provided through the Commission, referred to in subparagraph (5)(c) of this
Rule.
(6) Restoration of Names to List. The names of those persons certified but not appointed
shall be restored to the lists unless disqualified or rejected.
Section 3. Probation (Amended 06/21/00).
(1) All classified positions shall include a probationary period to determine the employee's
merit and fitness for the job. Probation is considered as part of the regular examination
process, and shall be in effect for twelve (12) months actually served following
appointment, excluding extended leave such as military duty, academy training, sick
leave, disability, vacations or other long term absences from direct supervision of the
Sheriff’s Department. Short-term absences of two weeks or less shall be included in
the twelve-month probation period. The probation period shall extend until the
Appointing Authority releases the probationer from probation based upon a favorable
performance evaluation which shall be issued at or near the end of the twelfth month of
service, which will be determined by adding to the probationary period any additional
months away from the job due to long term absences.
(2) A probationary employee in an initial appointment within any career track may be
dismissed at any time during probation if, in the opinion of the Appointing Authority,
continuance in service is not in the best interest of the Sheriff's Office because the
Jefferson County Civil Service Rules (Revised 02/27/18) Page: 37
Appointing Authority in the Appointing Authority's sole discretion determines the
person is unfit or unsatisfactory for further service in the position.
(3) A probationary employee in a promoted position who does not fulfill the requirements
of the position shall have rights to return to the former classification.
Section 4. Provisional Appointment . Whenever there are urgent reasons for filling a regular
position in a class for which appropriate employments lists are not then available, the
Appointing Power may fill the vacancy by a provisional appointment. Provisional
appointments shall be terminated at such time as an appointment can be made from an
employment list and shall be for not longer than four months except upon approval of the
Commission. No person shall receive more than one provisional appointment or serve more
than four months as provisional appointee in any one fiscal year except upon approval by the
Commission. Provisional appointees may be discharged at any time for any reason and shall
have no appeal rights. (RCW 41.14.060(7))
Section 5. Appointments to Vacancies Resulting from Regular Employees on Indefinite
Military Leave of Absence . A position vacant as the result of a regular employee being on
indefinite military leave of absence shall be considered as a regular position and shall be filled
in the manner provided for in these Rules.
Section 6. Appointments to Vacancies Resulting from Regular Employees on Leave of
Absence without Pay for One Year . A position vacant as a result of an employee being
granted leave of absence without pay for a period of one year shall be considered as a regular
position, and shall be filled in the manner provided for in these Rules. (RCW 41.14.160)
Appointments to vacancies created as a result of an employee being granted leave of absence
for less than one year shall be temporary and may be filled by the Appointing Power from the
employment list or a temporary appointment with the approval of the Commission.
Section 7. Transfers. A position may be filled by transferring an employee after taking into
consideration the affected employee's preference as far as is practicable. Requests for transfer
made by an employee shall be executed on a prescribed form prior to the proposed effective
date of the transfer.
Section 8. Acceptance of Provisional Appointment . The acceptance by an eligible of a
provisional appointment shall not affect the eligible's standing on the eligible list for regular
appointment. Such service shall not be counted as part of the probationary period in the event
of appointment to a regular position.
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Section 9. Emergency Appointment . Whenever due to lack of time or otherwise it is
impossible to secure the services of persons through the Civil Service Commission, the
Appointing Power may appoint an emergency employee, who may or may not be on any
eligibility list, in order to meet the immediate requirements of emergency conditions such as
riots, natural disasters, or search and rescue operations. Within 72 hours, all such
appointments shall be reported to the Commission. The Commission may disallow or
terminate any such appointment at any time.
Section 10. Part-time (Extra Help) Appointments . Appointments to a part-time position (79
or fewer hours per month) are not subject to these Rules. Such appointments shall not be used
to circumvent the intent of these Rules.
Section 11. Temporary Appointments . If an employee is needed for a temporary period, e.g.
a position authorized for one year or less, the Appointing Authority may appoint an individual
who possesses the needed qualifications. The duration of a temporary appointment shall be
limited to the period of need, but shall not exceed four (4) months. A temporary appointment
may be extended for up to an additional eight (8) months subject to the approval of the
Commission. The acceptance or refusal of a temporary appointment shall not affect an
eligible's standing on an employment list. The period of temporary service shall not constitute
a part of a probationary period. Successive temporary appointments to the same position shall
not be made so as to circumvent a probationary appointment of qualified candidates.
Section 12. Disability Appointments . An employee temporarily disabled, not to exceed three
(3) months as a result of an on- or off-the-job injury or illness, may be returned to duty and be
assigned portions of the employee's regular duties or other duties either within the employee's
job class or outside the employee's job class consistent with the physical ability and
qualifications of the employee. Such temporary assignments may be made in lieu of regular
Civil Service appointment procedures for permanent appointments and may be made at the
discretion of the Appointing Power. The employee shall be returned to a position in the
employee's regular classification when physically able to perform the duties of the position.
Disability reassignments may be extended for additional three (3) month periods subject to
review by the Commission. Decisions made relative to this section shall be based upon written
recommendation of the employee's and/or County's physicians. Failure of the employee to
obtain and cooperate with such medical evaluation shall be cause for discontinuing or declining
a disability appointment. Disability appointments shall be consistent with RCW 41.26.
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Section 13. Appointment to Exempt Positions and Return to Classified Position . Any
classified employee may take an appointment in an exempt position in the same county and
maintain the right to return to his/her classified position or to a like position at the conclusion
of such appointment. Such employees must apply to return to classified service within
30 calendar days of:
(1) Terminations of employment in such exempt position; or
(2) Termination of employment in any other exempt position in which the employee
subsequently serves provided there was no break in service with the County of more
than 30 calendar days.
Upon his/her request for return to a classified position, the employee's seniority standing and
benefits shall be computed on the same basis as though he/she had rendered continuous service
in the classified position from which he/she was appointed during the time of exempt
appointment, with a deduction of benefits, computed on the basis of service in a classified
position, accrued during the time of exempt appointment.
Section 14. Appointment of Classified Employee to a Position Outside of the Employee's
Present Career Track . When a classified employee accepts a position in a class outside of
his/her present career track due to eligibility on an employment list, the employee may return to
his/her previous position only after he/she has successfully retested for his/her former position,
is placed on the employment list for that position, is certified by the Commission, and is
approved by the appointing power to return to his/her former position.
Section 15. Seniority. Seniority as used in these rules shall be applied as follows:
(1) Date of seniority shall mean the date of hiring in the classified service to a position
within the employee's career track, as defined in Rule 4. Seniority shall not transfer
between career tracks. Provisional, temporary or emergency appointments shall not be
included when calculating the seniority date.
(2) Classified employees promoted within career tracks shall continue to gain seniority
within all subordinate classifications which the employee has held in that career track.
Section 16. Leaves of Absence . Leaves of absence, with or without pay, may be approved by
the Appointing Power to any classified employee with the following restrictions
(1) Leaves of absence for one year. An employee receiving a leave of absence for one year
Jefferson County Civil Service Rules (Revised 02/27/18) Page: 40
shall be required to make a written request to the Appointing Power to return to duty
within one year from the date the leave started. Failure to make a written request within
one year shall result in termination of the employee. Upon a request to return made by
the employee, the Appointing Power shall return the employee to his/her normal
position, a similar position in the same classification, or a lower position for which the
employee is qualified (within the same career track) when the first vacant position is
filled by the Appointing Authority. The employee on leave shall not displace a current
classified employee.
(2) Return of employees granted one year's leave of absence shall be subject to the
provisions of Rule 7, section 1. Employees who have properly requested return to work
and, because of non-availability of vacant positions, have been off the job for more than
eighteen (18) months, may be required by the Appointing Power to successfully
complete a psychological, polygraph, medical, drug test, and/or physical fitness
examination prior to returning to work.
(3) Leaves of absence for less than one year. An employee receiving a leave of absence for
less than one year shall be required to submit a written request for return to work to the
Appointing Authority prior to the expiration of the leave period. Upon receipt of a
proper request and upon the expiration of the leave period, the Appointing Authority
shall return the employee to his/her regular position or a similar position within the
same classification. Failure to request return to work within the specified period shall
result in termination of the employee.
RULE 9. - TENURE, DEMOTION, SEPARATION, SUSPENSION
Section 1. Tenure of Office . The tenure in office of every regular employee shall be
conditional upon good behavior and the satisfactory performance of duties. This provision,
however, shall not be interpreted to prevent the separation of an employee for cause, because of
lack of funds or curtailment of work, or to create a position for an employee in an exempt
position returning to classified status, when made in accordance with this Rule. If a position is
created for return of an exempt employee, then the order of layoff shall be based on seniority.
Section 2. Employee Conduct Generally . The expected standard of conduct for all employees
in the civil service shall be consistent with and in the public's interest as opposed to individual
interests. Therefore, in order to render the best possible service to the general public and to
reflect credit on the civil service in the Sheriff's Office, high standards of conduct are deemed
essential. The tenure of every employee shall be conditioned on good conduct and satisfactory
Jefferson County Civil Service Rules (Revised 02/27/18) Page: 41
performance of duties.
Section 3. No Removal, Discharge, Suspension, or Demoti on Except for Cause . No person
in the classified service who has been appointed to a position and who has successfully
completed the probation period, or inducted into civil service under provisions of these Rules,
shall be suspended, removed, discharged, or demoted except for cause, and only upon written
petition of the Appointing Power or any citizen or taxpayer; which written petition shall be
served on the accused and duplicate filed with the Civil Service Commission. Demotion and/or
re-assignment will not be allowed between different classifications unless approved by the
Commission. (RCW 41.14.120)
Section 4. Causes Enumerated . Any person appointed to a position in the classified service
may be removed or discharged, suspended without pay, demoted or reduced in pay, or be
deprived of vacation privileges for any of the following reasons:
(1) Incompetency, inefficiency, or inattention to, or dereliction of duty;
(2) Dishonesty, intemperance, immoral conduct, insubordination, 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 failure on the part of the employee to
properly conduct one's self, e.g. conduct unbecoming an officer; or any willful violation
of the provisions of this act or the Rules and regulations to be adopted hereunder;
(3) Mental or physical unfitness for the position which the employee holds;
(4) Dishonest, disgraceful, or prejudicial conduct;
(5) 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 employee, or which precludes the employee from
properly performing the function and duties of any position under civil service;
(6) Conviction of a felony, or a misdemeanor involving moral turpitude;
(7) 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 and unfit person to be employed in
the public service, including but not limited to:
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a. Improper or unauthorized use of County vehicles, equipment, or supplies;
b. Claim of sick leave under false pretenses, misuse of sick leave or demonstrated
inability to attend work regularly;
c. Absence from duty without authorized leave;
d. Violation of the safety Rules;
e. Violation of any provision of work Rules set forth in the policies and procedures
of the Sheriff's Office.
Section 5. Reduction of Force . The Appointing Power may lay off any employee, after prior
notice in writing, without prejudice, because of lack of funds or curtailment of work. No
employee, however, shall be laid off while there are provisional employees, or employees with
less seniority serving in the same classification. The order of lay off due to reduction of force
shall be based upon seniority. (RCW 41.14.060(6))
The Commission shall place the names of employees who are so separated on the top of
employment lists by class in order of seniority. Layoff procedures shall also apply to the
situation of an exempt employee returning to a position in the classified service pursuant to
RCW 41.14.290.
Section 6. Predisciplinary Hearing. The Appointing Authority shall provide and arrange for a
predisciplinary hearing prior to demotion, suspension, or discharge of a subordinate.
(1) An employee shall be provided, in writing, with a notice of the charge and an
explanation of the evidence. The employee shall be given an opportunity to respond to
the charges, orally or in writing, as to why the proposed action should not be taken.
(2) The employee may have legal counsel or union representation present at a
predisciplinary hearing.
(3) The explanation of the evidence at the predisciplinary hearing shall be sufficient to
apprise the employee of the basis for the proposed action. This rule, however, shall not
be construed to limit the employer at subsequent hearing from presenting a more
detailed and complete case, including presentation of witnesses and documents not
available at the predisciplinary hearing.
Jefferson County Civil Service Rules (Revised 02/27/18) Page: 43
(4) Should the Appointing Authority determine to discipline following the predisciplinary
procedure, written notice of discipline shall be given to the employee. Such notice shall
include the charges against the employee and a general statement of the evidence
supporting the charges.
(5) Any employee who is demoted, suspended or discharged may appeal such action to the
Commission.
(6) The Commission shall not consider, on appeal, any basis for disciplinary action not
previously presented to the employee.
Section 7. Demotion . The Appointing Power may demote an employee to a lower class for
cause. An employee so demoted shall lose all rights to the higher class. If the employee has
not had previous standing in the lower class, such demotion shall not displace any other regular
employee or any probationer. The employee shall demonstrate the ability to perform the duties
of the lower class during a probationary period upon such terms and conditions established by
the Appointing Power.
An employee may make a request in writing to the Appointing Power for demotion from a
position in one class to a position in a class of lower pay grades within the same career track if
the employee meets the minimum qualifications for such classification. If the employee is
qualified for a position in such classification, the Commission may approve the request,
provided it would not result in the lay-off of another employee.
Section 8. Dismissal. The Appointing Authority may dismiss for cause any regular employee.
RULE 10. - APPEALS
Section 1. Form and Content of Appeals
(1) Appeals Must be in Writing. All appeals must be in writing and must contain a detailed
statement specifying:
a. The action being appealed.
b. The reasons why the employee believes the action being appealed was not
proper.
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c. The corrective action requested.
d. A notice of appeal shall be files as prescribed in Rule 2, section 16(3). The
notice shall include the above requirements and the mailing address and street
address where service of process and other papers may be made upon the
appellant.
(2) Filing of Appeals. Filing of all appeals must be in accordance with this Rule. Any
appeal not filed in conformance with these Rules is null and void, and of no effect.
Appeals must be filed within ten (10) days of the action that is the subject of the appeal
unless otherwise specified by these rules.
Section 2. Allocation Appeals .
(1) If an employee, by reason of reclassification, loses employment in the classified service,
such employee shall have the right of appeal to the Civil Service Commission.
(2) If an employee believes the position has been improperly allocated or reallocated to a
class, the employee may appeal to the Commission. The procedure for such appeals
shall be as follows:
a. The appeal shall be postmarked no later than fifteen (15) days after the
allocation approval;
b. The appeal shall set forth the reasons therefore;
c. The appellant shall file the original of the appeal with the Commission and the
copy with the Appointing Power;
d. The Commission shall consider all such appeals and shall provide reasonable
opportunity for each appellant and the Appointing Power to be heard;
e. The Commission shall notify, in writing, the appellant and the Appointing Power
of its decision, which shall be final. Any decision of the Commission, under this
provision, which allocates a position of an employee to a different class in the
classification schedule shall be retroactive to the date the appeal was filed.
(RCW 41.14.120)
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Section 3. Appeal from Removal, Suspension, and Demotion .
A regular employee may appeal a disciplinary action referred to in Rule 9, Section 3, to the
Commission not later than ten (10) days after the effective date of such action. The filing and
conduct of such appeals shall be subject to these Rules.
Section 4. Appeals from Examinations .
(1) Any candidate for appointment or promotion to a position in the classified service who
is aggrieved by the examination process may appeal to the Commission. The appeal
must be in writing and must contain a detailed statement specifying:
a. That the candidate had filed with the Chief Examiner a written appeal of
examination results within seven (7) days after notice of the results of that
portion of the test being appealed;
b. The date of the Chief Examiner's decision;
c. The reasons why the candidate believes that the decision by the Chief Examiner
was contrary to Rules promulgated for examinations, or that the decision was
contrary to law, or for a political reason, the candidate was not treated in an
equal and fair manner, or that the portion of the test being appealed was invalid;
d. The corrective action being requested.
(2) Such appeal must be postmarked within fifteen (15) days from the date of the Chief
Examiner's decision referred to in paragraph (1)(b).
(3) The Commission may elect to halt or modify an examination or selection process if the
Commission determines that the appeal raises a probability of questionable validity or
integrity of the selection process. The Commission may elect to retest any or portions
of the selection process if it determines that any portion of the test is invalid or a clear
and material error has been made.
(4) A rating in any part of an examination shall not be changed unless compliance with the
foregoing conditions has been made and unless it is found by the Commission that a
clear and material error has been made. The Commission's decision with respect to a
review or change shall be final and shall be entered in its minutes. A correction in the
Jefferson County Civil Service Rules (Revised 02/27/18) Page: 46
rating shall not affect a certification or appointment which may have already been made
from the register. The Commission's decision with respect to any such appeal shall be
final and conclusive.
Section 5. Appeal from Removal from Employment List . An eligible whose name has been
removed from an employment list may appeal to the Commission for reconsideration. Such
appeal must be filed in writing and postmarked within 15 days after the date of removal. The
Commission's decision with respect to any such appeal shall be final and conclusive.
Section 6. Appeal from Examination Rejection . Any applicant whose application for
admission to an entrance or promotional examination has been rejected may appeal to the
Commission for consideration of his/her qualifications. The Commission shall consider such
appeal, if filed in writing and postmarked within ten days after date on which notification was
mailed to the applicant. The Commission's decision with respect to any such appeal shall be
final and conclusive. Applicants may be admitted to an examination by the Commission
pending consideration of a written appeal. Admission to an examination under such
circumstances, however, shall not constitute the assurance of a passing grade or a successful
appeal.
Section 7. Appeal from Psychological/Medical Examination. Where an applicant or
employee of the County is reported to be physically or mentally unfit to perform work in the
position to which appointment is to be made or in which the employee is employed, such
applicant or employee shall have a period of five working days from the date of notification of
such preliminary determination by an Appointing Authority, to appeal in writing to the
Commission, the employee's or applicant's intention to challenge that finding as to physical or
mental unfitness, or a determination if any, or lack of determination that reasonable
accommodation is an alternative.
(1) Psychological Examination Appeals. Applicants offered employment based on the
condition that suitability and fitness be demonstrated may not appeal or challenge the
opinion or recommendation of medical expert except upon a showing of bad faith, bias,
or malfeasance of the examiner. In such case, the applicant shall present such evidence
to the Commission within 10 days from notification of the examination results.
In the event an existing employee is deemed unfit or no longer suitable based on a
psychological or psychiatric exam, the employee may appeal to the Civil Service Commission
within ten (10) days of notification of such finding, on the basis of clear and material error
which renders the opinion or recommendation demonstrably wrong. The Commission shall
order a second examination and select the examining psychologist or psychiatrist. The cost of
Jefferson County Civil Service Rules (Revised 02/27/18) Page: 47
the second opinion shall be reimbursed to the Commission by the employee. The Civil Service
Commission will make a final determination based on a consideration of both reports.
(2) Medical Examination Appeals. In the event an applicant or employee disagrees with a
medical report which is disqualifying, the applicant or employee may challenge it before
the Civil Service Commission by providing contradictory medical evidence which
establishes or tends to establish clear and material error by the examiner. Such appeal
shall be filed with the Commission within ten (10) days from notification of such
results. The Commission may accept or reject the second report, or require a third. If
required, the Commission shall order a third examination by another physician chosen
by the Commission. After request of a second, or third, if required, evaluation, the Civil
Service Commission shall make a final determination concerning suitability and fitness.
If an employee is finally determined to be physically or mentally unfit for service, such
employee shall be demoted in accordance with these Rules or separated from County service.
Such demotion or separation shall be within five days from the date of final determination of
the physical or mental unfitness of the employee, subject, however, to the provisions of
Rule 10.
Section 8. Single Commissioner May Investigate . Any investigation provided by the Rules of
the Commission may be made by the Commission or by any Commissioner(s) designated by
the Commission for that purpose. No order, decision, Rule, or regulation made by any
designated Commissioner conducting any investigation alone shall be of any force or effect
whatsoever unless and until concurred at a regular meeting by at least one of the other two
members. (RCW 41.14.060(4))
Section 9. Notice of Hearings .
(1) Time and Place of Hearings. The time and place of hearing will be set by the
Commission Chairman and notice thereof served by the Commission upon the employee
affected, and the employee's representative. The Commission shall conduct a hearing
within 30 days following receipt of a notice of appeal. Upon a showing of reasonable
cause, or upon stipulation by both parties, the hearing date may be extended by the
Commission.
(2) Postponements. Any party who desires a postponement shall promptly, upon receipt of
notice of the hearing, make written request of the Commission for such postponement
stating the reason. For reasonable cause shown, the Commission Chairman may grant
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such postponement and may, at any time, order a postponement upon its own motion,
with good cause.
Section 10. General Hearings Procedure .
(1) The Commission will open the hearing with a brief introduction of the parties and
issues.
(2) Hearings are public meetings open to the public under the Washington Public Meetings
Law and RCW 41.14.120.
(3) Hearings will be conducted in an informal manner, and except as provided in these
Rules, shall not be subject to the rules of evidence.
(4) The parties or their representatives may make opening statements.
(5) The parties or their representatives may present evidence in support of their respective
positions. Cross examination of witnesses will be allowed opposing parties.
(6) The Commission may question any witnesses as to the facts presented or involved, and
the Commission may call witnesses on its own motion to assist it in arriving at a
determination.
(7) Attorneys, representatives or the parties may be allowed time to present oral arguments
on the issues to the Commission. The Commission may require written position papers
to be submitted within a reasonable time after the hearing by the parties.
(8) The Commission may impose time limits on questioning in the interest of orderly
conduct of the hearing or fairness.
Section 11. Specific Procedures .
(1) Oaths and Subpoenas.
a. In the course of any investigation or hearing, the Commission , or chief
examiner, may administer oaths, subpoena and require the attendance of
witnesses and the production by them of books, papers, documents, and accounts
pertaining to the investigation and also cause the deposition of witnesses residing
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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/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 act, and punishable
as such. (RCW 41.14.060(3))
b. If either party desires more than five (5) subpoenas, applications therefore shall
be made to the Commission Chairman by written motion for an order allowing
the issuance of more than five (5) subpoenas. The motion for additional
subpoenas shall be supported by a statement of the party or the attorney seeking
the subpoenas which shall set forth the names of such witnesses or documents
and the facts expected to be proved by the additional subpoenas. The
Commission Chairman shall order as many additional subpoenas for as many
witnesses or documents as appear from such statements or affidavits to be
necessary and material to a fair, full and impartial hearing.
c. Every person served with a subpoena by the Commission requiring his/her
attendance before the Commission shall be entitled to the same fees and mileage
as are allowed by law to witnesses in civil proceedings pursuant to Washington
law, except that no person shall be entitled to any fees or mileage who is
employed by the County and is called as witness during the employee's normal
working hours. Such costs shall be paid by the party seeking issuance of the
subpoena.
(2) Conference During and Prior to Hearings. During or prior to any proceeding, the
Commission may, at its discretion, call the parties together for a conference prior to the
taking of testimony or may recess the hearing for such conferences to resolve
procedural matters. The results of such conferences shall be summarized on the record.
(3) Stipulations of Facts and Issues. To expedite the proceedings, the parties shall be
encouraged by the Commission in all cases to confer before the hearing for the purpose
of stipulating to relevant facts and issues involved in the controversy. Such stipulations
shall be binding upon the parties thereto and may be used as evidence in the case.
(4) Continuances. If it appears on the motion of a party, or on the Commission's own
motion, that further testimony or argument should be received, the Commission may in
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its discretion continue the hearing. The date of such continued hearing may be fixed at
the time of hearing or by later written notice to the parties.
(5) Burden of Proof. In a hearing on an appeal from a suspension, demotion or discharge,
the Appointing Authority or designee shall have the burden of proof and the burden of
going forward with the evidence. In appeals concerning classification actions and the
examination process, the party filing the appeal shall have the burden of proof and the
burden of going forward with the evidence.
(6) Rules of Evidence. The rules of evidence at hearings shall be:
a. Evidence of a type commonly relied upon by a reasonable, prudent person in the
conduct of their serious affairs shall be admissible. Relevant hearsay is
admissible.
b. Irrelevant, immaterial or unduly repetitious evidence shall be excluded.
c. All offered evidence, not objected to, may be received by the Commission
subject to the Commission's discretion to exclude irrelevant, immaterial or
unduly repetitious matter.
d. Evidence objected to may be received by the Commission and in the discretion
of the Commission, rulings on its admissibility of exclusion may be reserved
until the time the order of the Commission is issued.
e. In considering the admissibility of evidence, the Commission may refer, but is
not bound, by the Washington Rules of Evidence.
f. The Commission shall take judicial notice of the Sheriff's Office and County
Rules, all past and current labor contracts and other matters for which judicial
notice is appropriate.
(7) Conduct of Hearing. A hearing before the Commission is intended solely for the
purpose of receiving evidence either to substantiate or refute specific charges relative to
the action which the Commission has been requested to examine. It shall not be an
occasion for uttering irresponsible accusations, attacks upon the character or conduct of
the employer or employee, or other derogatory matters having no bearing on the actions
under consideration. All parties, their representatives, counsel and spectators shall
conduct themselves in a respectful manner. Demonstrations of any kind will not be
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permitted. Failure to comply with this Rule shall be grounds for removal of the person
from the hearing.
Section 12. Disposition .
(1) Commission Decisions. Decisions of the Commission shall in all cases be based solely
on the record made at the hearing and on legal authorities, including laws, relevant to
the dispute. Decisions of the Commission shall be made in writing and in accordance
with Rule 2, Section 14.
(2) Effect of Commission Decisions. Subject to judicial review pursuant to Washington
state law, Commission decisions are final and binding on the parties.
Section 13. Records . The record of each Commission hearing shall include but not be limited
to:
(1) A statement identifying the dispute and papers related to the appeal;
(2) All written materials offered to the Commission;
(3) Evidence and testimony received and considered;
(4) Matters officially noted;
(5) Questions and offers of proof, objections and rulings thereon;
(6) A statement of the final Commission decision;
(7) The recording of the hearing which shall be either a verbatim written record or
mechanical recording.
Section 14. Appeal from Commission Decision . If order of removal, suspension, or demotion
is concurred in by the Commission or a majority thereof, the employee may appeal therefrom
to the Superior Court of Jefferson County. Upon filing of the appeal in the Superior Court, the
employee shall serve the Commission, within 30 days after the entry of its order, a written
notice of appeal, stating the grounds thereof, and demanding that a certified transcript of the
record and all papers on file in the office of the Commission affecting or relating to its order,
be filed by the Commission with the Court. The Commission shall, make, certify, and file such
Jefferson County Civil Service Rules (Revised 02/27/18) Page: 52
transcript with the court. The Commission shall maintain the original of the certified record.
Unless earlier obtained by the Commission, the Commission's transcript shall be paid for by the
party appealing the decision. Petitioner seeking judicial review shall bear the expense of
furnishing the record to the Superior Court.
RULE 11. - INVESTIGATIONS
Section 1. Investigations. The Commission shall make investigation upon its own motion or
upon the petition of any citizen, duly verified and stating that irregularities or abuses exist in
the administration of the Civil Service Act or setting forth in concise language in writing the
necessity of such an investigation. (RCW 41.14.060(3))
Section 2. Investigations--Complaint--Answer. Whenever such complaint is received by the
Commission, the Commission shall provide a copy of the petition or complaint document to the
Appointing Power or other person against whom the complaint is made. Within twenty days
following service of the complaint on the Appointing Power or any other person affected, the
party against whom the complaint is directed may file with the Commission, in writing, an
answer to the complaint or petition. (RCW 41.14.060) The Commission may determine after
receipt of the Appointing Power's response that further investigation is necessary and may
conduct an investigation of the complaint.
Section 3. Hearing on Complaint . If, in the determination of the Commission, after
considering the results of the Appointing Power's response or its further investigation, a hearing
is necessary, the Commission may within 30 days after the date of, such determination,
conduct a public hearing. At the hearing, the Commission shall review the results of its
investigation, and both the petitioner and party against whom the petition is directed shall be
entitled to appear and present evidence in their behalf. At such hearing, the Commission shall
proceed to hearing and dispose of the matter in a summary manner, and their decision in the
matter shall be conclusive. (RCW 41.14.060)