HomeMy WebLinkAbout01-07-2021 - Agenda Packet
MEDINA, WASHINGTON
www.medina-wa.gov
CIVIL SERVICE COMMISSION AGENDA
Virtual/Online
Thursday, January 7, 2021
2:30 PM
Virtual Meeting Participation
With the passing of the City’s Proclamation of Local Emergency and the Governor's Stay-
at Home Proclamation, City Hall is closed to the public. Civil Service Commission
participation in the special meeting will be by teleconference/online only. Members of the
public may also participate by phone/online but please note that no contemporaneous
public comment will be accepted.
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Meeting ID: 936 8840 3313
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AGENDA
Page
1. CALL TO ORDER / ROLL CALL
Dan Becker, John Bell and Lou Hillenbrand
2. ANNOUNCEMENTS
3. PUBLIC COMMENT
Due to remote conferencing there will be no contemporaneous public comments at the Civil Service
Commission meeting.
If residents or the public have questions, concerns or comments of Civil Service
Commission business or issues, or the following Civil Service Commission agenda,
kindly submit comments via email to dnations@medina-wa.gov by 1:00 PM on
Thursday, January 7, 2021 to be read aloud by the Civil Service Secretary and included
in the record.
4. NEW BUSINESS
Page 1 of 70
Page
1. Election of Chair and Vice Chair
a) Chair
b) Vice Chair
3 - 4 2. Civil Service Commission Meeting Minutes of January 16, 2020
Recommendation: Adopt Minutes.
Staff Contact: Dawn Nations, Civil Service Secretary
5 - 69 3. Approval of Hiring Process for Police Captain Anticipated Open Position
Recommendation: Approve.
Staff Contact: Dawn Nations, Civil Service Secretary
70 4. Civil Service Commission Annual Report for 2020
Recommendation: Approve Report.
Staff Contact: Dawn Nations, Civil Service Secretary
5. ADJOURNMENT
Page 2 of 70
MEDINA, WASHINGTON
www.medina-wa.gov
CIVIL SERVICE COMMISSION MINUTES
Thursday, January 16, 2020
3:00 PM
MINUTES
1.CALL TO ORDER / ROLL CALL
Meeting was called to order by Dawn Nations, Civil Service Secretary at 3:00 PM and
roll call was taken.
Commissioners Present: John Bell and Lou Hillenbrand
Absent: Dan Becker, Commissioner (excused)
Staff Present: Steve Burns, Police Chief, Dave Scherf, Police Captain
Dawn Nations, Civil Service Secretary
2.ANNOUNCEMENTS
Police Chief Steve Burns announced the 2 open positions for Lateral Police Officer and
both vacancies will be filled. Chief Burns explained the criteria for hiring a Lateral
Officer vs. an entry level officer.
3.PUBLIC COMMENT
None.
4.NEW BUSINESS
1.Election of Chair and Vice Chair
Elections were held and John Bell was elected as Chair and Lou Hillenbrand was
elected as Vice Chair.
2.Approval of Lateral Police Officer Eligibility Register
Commissioners Bell and Hillenbrand reviewed the Eligibility Roster and discussed
scoring process with the Civil Service Secretary. Chief Burns explained the interviewing
process. Captain Scherf explained the procedures once after a preliminary offer is
made. Eligibility Roster was approved.
3.Approval of Civil Service Commission Meeting Minutes of October 8, 2018
Motion to approve by Jon Bell, Second by Lou Hillenbrand. Minutes approved 2-0.
4.Civil Service Commission Annual Report for 2018 and 2019
Motion to approve by Jon Bell, Second by Lou Hillenbrand. Annual reports for 2018 and
2019 approved 2-0.
AGENDA ITEM 4.2
Civil Service Commission Meeting Minutes of January 16, 2020 Page 3 of 70
Page
5.ADJOURNMENT
Meeting was adjourned at 3:14 PM.
Minutes taken by:
Dawn Nations, Civil Service Secretary
AGENDA ITEM 4.2
Civil Service Commission Meeting Minutes of January 16, 2020 Page 4 of 70
AGENDA ITEM 4.3
1
CITY OF MEDINA
501 EVERGREEN POINT ROAD | PO BOX 144 | MEDINA WA 98039-0144
TELEPHONE 425-233-6400 | www.medina-wa.gov
Date: January 7, 2021
To: Civil Service Commission
From: Dawn Nations, Civil Service Secretary
cc: Chief Burns
RE: Recruitment process for Captain position
Dear Commissioners,
This memo sets before the Commission for approval, the proposed recruitment process for the
anticipated vacancy of Police Captain.
The vacancy will be posted in accordance with the Civil Service rules (page 22). The Notice of
the vacancy will be published in the City’s official newspaper, the Seattle Times. The next steps
are listed below:
•Civil Service Meeting to Approve Process – January 7, 2021
•Notice of vacancy in the City’s Official Newspaper
•Job announced both internally and externally via the City’s
Official Bulletin, websites & notice boards
•Closing date
•Formulate Eligibility Register
•Civil Service Meeting to Approve Eligible Register
•Interview(s) with Police Chief
Attachments
•Job Announcement
•Job description
•Civil Service Rules
Approval of Hiring Process for Police Captain Anticipated Open Position Page 5 of 70
JOB ANNOUNCEMENT
CITY OF MEDINA
501 EVERGREEN POINT ROAD | PO BOX 144 | MEDINA WA 98039-0144
TELEPHONE 425-233-6400 | www.medina-wa.gov
MEDINA POLICE DEPARTMENT ANTICIPATED CAPTAIN OPENING
POSITION: Police Captain - Anticipated
CLOSES: Internal and external candidates – February 5, 2021.
SALARY: Range of $9,134 per month up to $11,416, depending on qualifications, along
with holiday, shift differential, overtime, and longevity pay.
JOB DESCRIPTION: Position oversees planning, supervision, and staffing for all police operations;
assists in preparation of the annual department budget, involved in the hiring,
discipline and administration of all department members, and assumes the
responsibilities of the Chief of Police in the Chief’s absence.
Must be able to meet the essential functions and responsibilities as listed in the
job classification description.
MINIMUM
QUALIFICATIONS: Possess a two year degree from an accredited college or vocational school in
police science, law enforcement, criminal justice administration, public
administration, or a related field and at least two years experience as a certified
first line supervisor at a recognized general authority agency or at least four
years experience as a certified first line supervisor at a recognized general
authority agency.
APPLICATION PROCESS: Qualified applicants must submit a City of Medina application form, resume,
and cover letter.
AGENDA ITEM 4.3
ATTACHMENT 1
Approval of Hiring Process for Police Captain Anticipated Open Position Page 6 of 70
THE FORMAT USED TO ESTABLISH A CIVIL SERVICE ELIGIBILITY LIST FOR THE POLICE CAPTAIN POSITION WILL
BE THROUGH ADMINISTRATION OF THE BELOW LISTED WRITTEN EXAM.
WRITTEN EXAM: Minimum passing score on the written exam is 75% and is subject to
certification by the Medina Civil Service Commission. The written test will
consist of a completed City of Medina Captain Application, comprehensive
resume, and compelling cover letter and based on the following criteria:
• Commissioned Experience
• First Level Supervisor Experience
• Diversified Experience
• Advance Training
• Writing Ability
• Education
• Disciplinary History
• Accomplishments
• Awards
ELIGIBILITY LIST: The Department anticipates certification of a Police Captain Eligibility list 30
days after advertisement posted.
TO APPLY: Please submit your completed Captain application along with your cover letter
and resume via email to: dnations@medina-wa.gov or mail to:
City of Medina Attn: Dawn Nations – Civil Service Secretary |501 Evergreen
Point Road |Medina, WA 98039
The statements contained herein reflect general details as necessary to describe the principal functions of this position, the level of
knowledge and skill typically required and the scope of responsibility, but should not be considered to be an “all inclusive” listing of work
requirements. The Captain position may perform other duties as assigned, including work in other functional areas to cover absences or
relief to equalize peak work periods or otherwise to balance the workloads.
The City of Medina is committed to providing a work environment that is free of discrimination and promotes a diverse work force. We
are an Equal Opportunity Employer.
All City of Medina employment offers are contingent on the applicant meeting the requirements of the Immigration Reform and Control
Act as set forth in EEOC Form 164 (EEO-9). This Act requires the City of Medina to verify the identity of every new employee as well as
their legal right to work in the United States. This verification requires you to complete the Government’s Employment Eligibility
Verification Form (I-9) and present the required documentation on the first day of employment.
AGENDA ITEM 4.3
ATTACHMENT 1
Approval of Hiring Process for Police Captain Anticipated Open Position Page 7 of 70
Police Captain - Job Description01/06/2021 1
CITY OF MEDINA
CLASSIFICATION DESCRIPTION
POSITION: Police Captain
DEPARTMENT: Police Department
REPORTS TO: Police Chief
FLSA STATUS: Non-Exempt
GENERAL FUNCTION
Under general supervision, performs a variety of routine and complex public safety work in the
performance and administration of police patrol, investigation, traffic regulation, and related law
enforcement activities.
REPRESENTATIVE ESSENTIAL FUNCTIONS AND RESPONSIBILITIES
This list is intended only to illustrate the various types of work that may be performed and may vary by
position. The omission of specific statements does not exclude them from the position if the work is
similar, related or a logical assignment to the position.
1.Supervises police officers in their duties; schedules and coordinates shift changes.
2.Reviews a variety of police related reports prepared by subordinate officers or others.
3.Evaluates officers' arrests based on circumstances and evidence to determine whether subject
will be detained or placed in jail.
4.Makes day-to-day police assignments as required by the needs of the service.
5.Makes plans about individual tactical matters such as equipment to be used for particular
operations or the detailed plans needed for an investigation.
6.Maintains contact with all police personnel to coordinate investigation activities, provide mutual
assistance during emergency situations and provide general information about Department
activities.
7.Conducts periodic performance evaluation and planning sessions for assigned personnel.
Counsels assigned personnel on job performance and disciplinary matters.
8.Coordinates and supervises the training, assignment, development of subordinate police
officers; schedules and conducts meetings.
9.Analyzes and recommends improvements to equipment and facilities, as needed.
10.Reviews, evaluates and develops programs, policies and procedures for various departmental
operations.
11.Assists in the preparation and administration of the department budget.
12.Maintains liaison with community groups.
AGENDA ITEM 4.3
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Police Captain - Job Description01/06/2021 2
13. Provides for public safety by maintaining order, responding to emergencies, protecting people
and property, enforcing motor vehicle and criminal laws, and promoting good community
relations.
14. Works an assigned shift using own judgment in deciding course of action; handles difficult and
emergency situations without assistance.
15. Monitors, notes, reports and investigates suspicious persons and situations, safety hazards, and
unusual or illegal activity in patrol area. Maintains normal availability by radio or telephone for
consultation on major emergencies.
16. Patrols City streets, parks, commercial and residential areas to preserve the peace and enforce
the law, control vehicular traffic, prevent or detect and investigate misconduct or law violations
and to otherwise serve and protect.
17. Responds to emergency radio calls, investigates and takes appropriate law enforcement action.
Evaluates complaint and emergency-request information to determine proper response
requirements. Reviews facts of incidents to determine if criminal act or statute violations were
involved.
18. Investigates and renders assistance at scene of vehicular accidents. Preserves evidence. Issues
citations or arrests violators. Summons ambulances and other law enforcement vehicles.
Photographs or draws diagrams of crime or accident scenes and interviews principals and
eyewitnesses. Takes measurements and draws diagrams of scene.
19. Records facts to prepare reports that document incidents and activities. Prepares a variety of
reports and records.
20. Undertakes community oriented police work and assists citizens as appropriate. Informs citizens
of community services and recommends options to facilitate longer-term problem resolution.
21. May conduct follow-up investigations of crimes committed during assigned shift. Seeks out and
questions victim, witnesses and suspects. Develops leads and tips. Searches scene of crimes for
clues. Analyzes and evaluates evidence and arrests offenders. Prepares cases and testifies in
court proceedings.
22. Coordinates activities with other officers or other City departments as needed, exchanges
information with officers in other law enforcement agencies, and obtains advice from the City
Attorney and supervisors regarding cases, policies and procedures, as needed and assigned.
23. Fill in for the Chief when needed.
Other Duties
1. Because of the small size of the City staff, each employee may be required to perform a wide
range of duties from time to time.
AGENDA ITEM 4.3
ATTACHMENT 2
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Police Captain - Job Description01/06/2021 3
WORKING CONDITIONS
The physical activities and environmental factors described here are representative of those that must
be met by an employee to successfully perform the essential functions of this job. The rating scale used
in this section is: Occasionally 1 – 33% of work time, Frequently 34 – 65% of work time and Continuously
66 – 100% of work time. Reasonable accommodations may be made to enable individuals with
disabilities to perform the essential functions.
While performing the duties of this job, the employee is continuously required to sit uninterrupted for
up to 3 hours – 6 hours per shift, finger repetitively with both hands, grasp, use foot controls with both
feet, drive, talk and hear. The employee is frequently required to balance, bend, crouch and reach below
and at the waist. The employee must occasionally stand uninterrupted for up to 1½ hours – 4 hours per
shift, walk uninterrupted up to 1 hour – 1 per shift, climb, twist and reach above the shoulder.
The employee must continuously wear a equipment belt weighing up to 25 pounds and must
occasionally lift, carry or push and pull an average of 50 pounds up to more than 100 pounds. Specific
vision abilities required by this job include continuous near and far acuity and the ability to adjust focus.
While performing the duties of this job, the employee frequently works in outside weather conditions.
The employee is frequently exposed to excessive noise and vibration and is occasionally exposed to
radiation in using a radar gun.
The overall noise level in the work environment is usually moderate.
KNOWLEDGE AND SKILLS (Entry requirements)
Knowledge of:
Modern law enforcement principles, procedures, techniques, trends and developments;
Laws, legal codes, court procedures, government regulations, city policies and the democratic
political process;
Relevant equipment, policies, procedures, and strategies to promote effective local police
operations for the protection of people, data, property, and institutions;
Investigative practices and procedures;
Proper methods of securing, handling, and preserving evidence;
Access to the law enforcement, court, state and Federal and other criminal history data sources;
Human behavior and performance; individual differences in ability, personality, and interests;
Group behavior and dynamics, societal trends and influences, ethnicity and cultures;
Computer operations and software applications relative to the position assignment;
The structure and content of the English language including the meaning and spelling of words, rules
of composition, and grammar.
Skill in:
Considering the relative costs, consequences and benefits of potential actions to choose the most
appropriate one;
Learning the applicable laws, ordinances, and department rules and regulations;
Performing work requiring good physical condition;
Giving full attention to what other people are saying, taking time to understand the points being
made, asking questions as appropriate, and not interrupting at inappropriate times;
AGENDA ITEM 4.3
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Police Captain - Job Description01/06/2021 4
Communicating effectively orally and in writing as appropriate for the needs of the audience;
Maintaining effective working relationships with general public, employees, and supervisors;
Being aware of others' reactions and understanding why they react as they do;
Defusing hostile or violent behavior;
Bringing others together and trying to reconcile differences;
Persuading others to change their minds or behavior;
Establishing effective working relationships with diverse groups and individuals;
Effective time management;
Following verbal and written instructions;
Selecting and using training/instructional methods and procedures appropriate for the situation
when learning or teaching new things;
Teaching others how to do something;
Monitoring and assessing performance of yourself and other individuals to make improvements;
Operating a police vehicle, firearms, less than lethal weapons/restraints, radio communications
equipment, police traffic radar technology, mobile data computer and desktop computer with
applicable program applications and other required police equipment and office equipment.
MINIMUM QUALIFICATIONS
Possess a two year degree from an accredited college or vocational school in police science, law
enforcement, criminal justice administration, public administration, or a related field and at least two
years experience as a certified first line supervisor at a recognized general authority agency or at least
four years experience as a certified first line supervisor at a recognized general authority agency.
Special Requirements
A valid Washington State driver’s license and successful completion of the Washington State Law
Enforcement Training Commission Academy or equivalent is required at the time of appointment or at a
time set by the City and prior successful completion of probationary period at a certified law
enforcement agency.
A good driving record, meeting the department’s standards of physical fitness; submission to a thorough
employment reference and background investigation; submission to psychological and general medical
evaluations; submission to FBI record check and polygraph examination all may be required prior to
appointment. A felony conviction disqualifies from employment.
LEGAL and REGULATORY EMPLOYMENT CONDITIONS
This classification description does not constitute an employment agreement between the City and
employee. It is subject to change by the City as the needs of the City and requirements change.
Fair Labor Standards Act (FLSA): Employees in this classification are exempt under the FLSA.
Appointment and Removal Authority: The City Manager is the appointing authority of the City with
power of appointment and removal of all employees.
Approvals:
Department Director ______________________________________________ Date ________
AGENDA ITEM 4.3
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Police Captain - Job Description01/06/2021 5
City Manager ___________________________________________________ Date ________
AGENDA ITEM 4.3
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1
CIVIL SERVICE RULES
For
THE CITY OF MEDINA WASHINGTON
Updated: December 6, 2012
Approved: December 6, 2012
AGENDA ITEM 4.3
ATTACHMENT 3
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2
CIVIL SERVICE RULES
Table of Contents
RULE Page
1 GENERAL PROVISIONS 3
2 ADMINISTRATION AND OPERATIONS 4 - 6
3 SECRETARY AND CHIEF EXAMINER 7 – 8
4 DEFINITIONS 13
5 RULE-MAKING 14
6 CLASSIFICATION 15 – 17
7 APPLICATIONS AND APPLICANTS 18 - 21
8 EXAMINATIONS 22 - 27
9 RULES AND ELIGIBILITY 28 - 32
10 CERTIFICATION AND APPOINTMENT 33 - 36
11 PROBATION 37 - 38
12 SERVICE CREDIT 39 - 40
13 TRANSFER 41 - 42
14 LAYOFF 43
15 LEAVES OF ABSENCE 44
16 RESIGNATION 45
17 DISCIPLINE AND DISCHARGE 46 - 48
18 HEARINGS 49 - 54
19 RETIREMENT AND DISABILITY 55 - 56
20 MISCELLANEOUS 57
AGENDA ITEM 4.3
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1. GENERAL PROVISIONS.
1.01 AUTHORITY AND APPLICATION. These rules are promulgated pursuant to the authority
granted by Chapter 41.12 RCW, Civil Service for City Police. These rules are applicable to
proceedings before the Civil Service Commission and should be read in conjunction with the
specific provisions of RCW 41.12.
1.03 SCOPE AND PURPOSE. These rules govern the continuing administration of the Civil Service
System of the City of Medina. The purpose of these rules is to assure that the Civil Service
System in the City of Medina is administered in accordance with the ordinances of the City of
Medina and that all proceedings before the Commission are conducted in an orderly, fair and
timely manner.
1.05 PRESUMPTION OF VALIDITY. The Civil Service System implemented by these rules
substantially accomplishes the purpose of RCW 41.12. These rules are presumed to be valid
and shall be upheld unless in direct conflict with RCW 41.12.
1.07 SEVERABILITY. If any provision of these rules or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provisions or applications of
these rules which can be in effect without the invalid provision or applications, and to this end,
any section or word is declared to be severable.
AGENDA ITEM 4.3
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2. ADMINISTRATION AND OPERATIONS.
2.01 COMMISSION—MEETINGS—QUORUM. In the necessary conduct of its work, the
Commission shall meet on the first Tuesday of each month at 7:00 p.m. at Medina City Hall
unless there is no business requiring Commission action. Notice of special meetings shall be
provided as required by the Open Public Meetings Act (Chapter 42.30 RCW, as amended). The
Commission shall conduct hearings as required. Notice of hearings shall be provided as required
by these rules. Two members of the Commission shall be effective unless two members concur
therein. All Commission meetings or hearings, regular or as required, shall be open and public.
Provided, however, that the Commission may meet in executive session as authorized by the
Open Public Meetings Act (Chapter 42.30 RCW, as amended.)
2.03 CHAIR—VICE CHAIR. At the first regular meeting in January of each year, the Commission
shall elect one of its members as Chair and another member to serve as Vice Chair for a term of
one year. Should a Chair and/or Vice Chair resign or be removed from the position prior to the
expiration of his/her term, the Commission, upon appointment of a new member, shall proceed to
the election of a new Chair and/or Vice Chair.
2.05 RULES OF ORDER. Roberts Rules of Order shall be final authority on all questions of
procedure and parliamentary law not otherwise provided by these rules.
2.07 COMMISSION ROLE IN ASSESSMENT CENTER, WRITTEN, PHYSICAL AGILITY AND
ORAL EXAMINATIONS. The Commission shall review, validate and approve all examination
formats, test source and scoring methods before administration. The Commission may observe
the testing process; however, there shall be no Commission participation during oral board
interviews.
2.09 COMMISSIONERS—CHALLENGE. Any challenge to a Commissioner sitting at a hearing
shall be made by an interested party prior to the commencement of a hearing. The challenged
AGENDA ITEM 4.3
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Commissioner shall review and rule on the challenge prior to proceeding with the hearing. Upon
a Commissioner’s finding of cause of disqualification, the Commission shall take no part in the
hearing. Failure to timely raise a challenge shall constitute a waiver of the challenge by the party
unless, in the exercise of reasonable diligence, a basis for challenge is unknown to a party prior
to commencement of a hearing.
2.11 COMMISSIONERS—CHALLENG NECESSITY. If, as a result of disqualification(s) pursuant
to Rule 2.07, there is no longer a lawfully constituted quorum available, the Mayor shall appoint
a Commissioner pro tem to the Commission.
2.13 OFFICE—HOURS. The office address of the Civil Service Commission is 501 Evergreen Point
Road (P.O. Box 144), Medina, WA 98039. The regular hours of the Commission secretary shall
be 8:30 AM to 5:00 PM.
2.15 PUBLIC RECORDS. Public records of the Commission shall be available for inspection and
copying during the regular office hours of the City of Medina. No fee will be charged for
inspection of public records. Inspection will be during office hours in a space provided by the
Commission staff, and under its supervision, and must be accomplished without excessive
interference with the essential functions of the Commission. Copies will be made available at
actual cost or as provided by ordinance. These rules shall be printed for free public distribution.
2.17 RECORDS OF PROCEEDINGS. The Commission shall keep a record of its proceedings. The
record of the Commission shall not include a written verbatim report of proceedings unless
ordered. The Commission may retain a court reporter to record all or part of a proceeding. In
addition, a party to a proceeding, at his/her own expense, may have a court reporter record all or
part of a proceeding. On appeal or review, costs of transcription may be recovered by the
Commission. Upon appeal or review, transcription and certification of a record of proceedings
shall be arranged by the Secretary and Chief Examiner.
AGENDA ITEM 4.3
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2.19 REPORTS—APPLICANTS, ELIGIBLES, EMPLOYEES.
a. Each applicant, eligible and employee shall keep the Commission informed, by written notice
to the Secretary, of current address and telephone number, and shall report any change of
name through marriage or otherwise.
b. Each eligible shall keep the Secretary informed, in writing, regarding availability and any
refusal to accept appointment or promotion and the reasons therefore.
2.21 REPORTS—DEPARTMENT HEADS. A department head shall immediately report to the
Secretary and Commission in such detail and on such forms as the Secretary may prescribe:
a. Every appointment, transfer, promotion, demotion, reduction, layoff, reinstatement,
suspension, leave of absence without pay, return to duty, assignment, change of position
within a class or within an assignment title, change of title, change of compensation;
b. Every separation from the service with reasons therefore;
c. Every refusal or failure to accept appointment by a person whose name has been certified.
AGENDA ITEM 4.3
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3. SECRETARY AND CHIEF EXAMINER.
3.01 SECRETARY AND CHIEF EXAMINER—APPOINTMENT. The City Manager of the City of
Medina, or his/her designee, shall be the Secretary and Chief Examiner.
3.05 SECRETARY—DISCIPLINE. The Commission shall notify the City Council and request an
investigation of the Secretary concerning misconduct.
3.07 SECRETARY—AUTHORITY. In addition to acting as Secretary of the Commission, the
Secretary shall:
a. Delegate duties where necessary and supervise the preparation, conduct, and scoring of
examinations, and maintenance of the classification plan;
b. Report to the Commission from time to time as directed.
c. Prepare the budget for the Commission, approve accounts, and administer generally the
expenditure of funds appropriated for the operation of the Commission;
d. Classify all civil service commissions in the classified service, maintain a schematic list of all
such classes in the classification plan, and prepare and maintain specifications for each class;
e. Assist the Commission in determining which examinations shall be conducted, the minimum
qualifications of applicants, the subjects to be covered in each examination, methods of
testing, and the relative weights to be given to the various parts of the examination;
f. Supervise the conduct of the examinations, appointing such experts, special examiners, and
other persons he/she may deem necessary; decide all questions relating to the eligibility of
applicants to the examinations, extension of time and all questions arising during the course of
an examination; prepare and submit a report prior to and after each examination to the
Commission, together with a report on all appeals from rulings or appeals from any part of the
examination; and (Note: See Rule 8.01 “Ordering Examinations.”)
AGENDA ITEM 4.3
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g. Perform all other functions necessary for the proper carrying out of these rules and the
provisions of law relating to the civil service system and such additional duties as may be
assigned to him/her from time to time by the Commission.
3.09 REVIEW OF AND APPEAL FROM ACTIONS OR DECISIONS OF THE SECRETARY.
a. The Commission on its own motion may review or modify any action or decision of the
Secretary.
b. Any person adversely affected by any action or decision of the Secretary may request the
Commission to revise or modify such action or decision. Such request shall be in writing
setting forth with reasonable certainty the action objected to, the grounds supporting the
request, and the relief sought, and must be made within ten (10) days from the date of notice
of such action unless established otherwise in these rules. The Commission shall thereupon,
if in its opinion good cause is shown, conduct a hearing thereon.
AGENDA ITEM 4.3
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4. DEFINITIONS.
4.01 ACTUAL SERVICE. Time in which a given employee has been engaged under civil service
appointment in the performance of the duties of a position or positions and shall include absences
with pay.
4.02 ALLOCATION. The locating or placing in the classified service of a position in the class
appropriate to it on basis of duties and responsibilities and required qualifications of such
position.
4.03 APPLICANT. Anyone who has filed an application to take a civil service examination.
4.04 APPOINTING AUTHORITY. The Police Chief shall be the appointing authority for Police
Department personnel.
4.05 APPOINTMENT—REGULAR. The appointment of a certified eligible.
4.06 APPOINTMENT—TEMPORARY. An appointment other than from an eligible register for the
purpose of performing work belonging in the classified service. A reduction of a regular
employee is not a temporary appointment. Temporary appointment includes emergency
appointment.
4.07 ASSIGNMENT. An employee may be assigned to a position which carries additional salary and
additional limited responsibilities and is within the scope of the specifications for the class from
which assignment is made.
4.08 BREAK IN SERVICE. A separation from civil service status with a loss of accumulated service
credit as occasioned by a “quit,” “resignation,” “discharge,” or “service retirement.”
4.09 CANDIDATE. Any applicant who has completed, or is in the process of completing, a civil
service examination.
4.10 CERTIFICATION. A list of names from an eligible register transmitted by the Civil Service
Commission to an appointing authority from which such appointing authority may fill a vacancy.
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4.11 CERTIFY. Verify to the appointing authority that a list of names of candidates for employment
has been selected from the list of persons tested and found eligible for employment.
4.12 CITY. The City of Medina.
4.13 CLASS. A group of positions designated by the Commission as having similarity in duties and
responsibilities, by reason of which the same examination may be used for each position in the
group.
4.14 CLASS SERIES. Two or more classes which are similar as to line of work but which differ as to
degree or responsibility and difficulty and which have been arranged in a ladder of steps in a
normal line of promotion, such as Police Officer, Police Corporal, or Police Sergeant.
4.15 CLASS SPECIFICATION. A description of the essential characteristics of a class and the
factors and conditions that separate it from other classes, written in terms of duties,
responsibilities and qualifications.
4.16 COMMISSION. The Civil Service Commission. The term Commissioner means any one
member of said Commission.
4.17 CONTINUOUS SERVICE. Employment without interruption, except for absences on approved
leave or absence to serve in the armed forces of the United States.
4.18 DEMOTION. Removal of an employee from a higher to a lower class of employment.
4.19 DEPARTMENT HEAD. Appointing authority.
4.20 DISCHARGE. Termination, separation, dismissal, or removal from the service for cause.
4.21 ELIGIBLE. Anyone qualified for a given class through examination and placed on the proper
eligible register, also “certified eligible.”
4.22 ELIGIBLE REGISTER. A list of successful examinees for a given class from which
certification may be made to fill vacancies in such class.
4.23 EMPLOYEE. Anyone holding a position in the civil service system of the City of Medina.
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a. EMPLOYEE—REGULAR. Any employee who has been appointed from a certification and
who has satisfactorily served the full probationary period.
b. EMPLOYEE—TEMPORRY/PROVISIONAL. Any employee appointed to fill an
emergency, temporary or short-term need, or to fill a position for which no register is
available (provisional).
c. EMPLOYEE—EXEMPT. Any employee in a position of employment which is not subject to
civil service rules and regulations, and in which one serves at the discretion of the appointing
authority.
d. EMPLOYEE—PROBATIONARY. A person appointed from a certification who has not yet
completed one year of employment.
d. A regular employee is the only employee with rights under Rule 19.01.
4.24 EXAMINATION.
a. EXAMINATION—OPEN GRADED. An examination open to any member of the public
meeting the requirements as stated in the official bulletin announcing such examination.
b. EXAMINATION—PROMOTIONAL. An examination limited to employees meeting the
requirements stated in the official bulletin announcing such examination.
4.25. LAYOFF. The interruption of service and pay of any regular or temporary employee because of
lack of work or funds, except that the term shall also apply to the separation of temporary
employees who have completed the stipulated period of employment.
4.26 OFFICIAL BULLETIN. The examination announcement containing basic information about the
class of positions, the requirements for filling, how to apply and the other pertinent information
which is posted in suitable locations.
4.27 OFFICIAL NEWSPAPER. The newspaper designated as official by the City of Medina, or as
otherwise designated by the Commission.
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4.28 PERSONAL PRONOUN. The personal pronoun of the masculine gender shall apply equally to
the feminine gender when appropriate.
4.29 POSITION. Any group of duties and responsibilities in the service of the City of Medina which
one person is required to perform as full or part time employment.
a. POSITION—PERMANENT. A position included in the official annual budget that is neither
specified as seasonal employment, nor limited for a period of less than the budget year; also
any such position established during a given budget year, unless the appointing authority
certifies to the Civil Service Commission that such position will not be continued in the
succeeding year’s budget.
b. POSITION—PERMANENT PART TIME. Employment in a permanent position for work on
a basis of less than eight hours a day or less than forty hours a week, but on a regular
schedule.
4.30 PROBATION OR PROBATIONARY. The status of an employee during a trial period
following a permanent appointment from an eligible register. This trial period is part of the
examination process and is a working test during which an employee is required to demonstrate,
by actual performance of the duties, fitness for the position to which certified and appointed.
4.31 QUIT. Any voluntary separation of an employee from the City of Medina service without
acceptance of a resignation by the appointing authority.
4.32 REDUCTION. The removal of an employee from a higher class to a lower class of employment
for reasons other than cause.
4.33 REGISTER. A list of candidates for employment who have passed an employment examination,
whose names may be chosen and certified by the Commission for submission to the appointing
authority for consideration for employment. See 4.22, “Eligible Register.”
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4.34 REINSTATEMENT. Reappointment of a regular employee to a position in a class in which
he/she was a regular employee.
4.35 REINSTATEMENT REGISTER. A list of names of persons who were regular employees in a
given class and who were laid off and are entitled to reinstatement in such class. A reinstatement
register may also include former employees on disability retirement who are capable mentally
and physically for reinstatement.
4.36 RESIGNATION. A written request by an employee for separation from a class or from the City
of Medina service. To be valid, such request must show written approval of the appointing
authority.
4.37 SECRETARY. The Secretary and Chief Examiner as defined in Chapter 3.
4.38 STANDING—REGULAR. The full service status of a regular employee.
4.39 SUSPENSION. Temporary removal of an employee from employment with or without pay, for
cause, or pending determination of charges against the employee which could result in demotion
or discharge.
4.40 VETERAN’S PREFERENCE. Preference in examinations and employment, based on military
service, as provided and defined by applicable law.
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5. RULE-MAKING.
5.01 AMENDMENTS OF RULES. Unless upon emergency declared by all Commissioners present,
amendment to these rules shall be first discussed as an open regular or special meeting at least
one meeting prior to adoption. Upon declaration of emergency, a rule amendment may be
adopted at the meeting at which the amendment is first proposed.
5.03 EFFECTIVE DATE OF RULES. All rules and amendments become effective immediately upon
their adoption by the Commission, unless some later date is specified therein.
5.05 COPIES OF RULES. A copy of these rules and a copy of all subsequent rules or amendments
shall be sent as soon as practicable after adoption of each affected department of the city. A
copy shall be maintained in the office of the Secretary for public inspection and copies shall be
available for free public distribution as required by state law.
5.07 EFFECT OF RULES. The terms and conditions of civil service employment are governed by
these rules. These rules, and rules the Commission may enact, regulate the mode and
appointment of tenure in the civil service, and employees are subject to these and amendments
thereto.
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6. CLASSIFICATION.
6.01 CLASSIFICATION PLAN. A class specification shall be prepared and maintained for each
class in the classified civil service system. Such specifications shall describe the class generally,
distinguish it from other classes, give examples of typical duties of the class, and shall contain,
when applicable, a statement of those qualifications for applicants for positions in class not
otherwise provided in these rules.
6.03 ADMINISTRATION OF POSITION CLASSIFICATION. The Secretary will make, or cause to
be made, position classification studies of individual positions whenever it is deemed necessary,
whenever the duties or responsibilities of existing positions have undergone significant changes;
whenever notification is received that new positions are to be established by the City Council; or
may do so upon request of an appointing authority or an affected employee in the classification
of such position has not been reviewed within the last 12 months.
6.06 CLASSIFICATION POSITIONS.
a. Each position in the classified service shall be classified at the direction of the Secretary and
allocated to its appropriate class in accordance with the character, difficulty, and responsibility of
its designated duties. Positions shall be allocated to a given class when:
(1) The same descriptive title may be used to designate each position in the class;
(2) The same level of education, experience, knowledge, ability and other qualifications may
be required of incumbents, and
(3) Similar tests may be used to select incumbents.
b. All classes involving the same character of work but differing as to level of difficulty and
responsibility shall be assembled into a class series.
c. Compensation or salary shall not be a factor in determining the classification of any position
or the standing of any incumbent.
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d. In allocating any position to a class, the specification for the class shall be considered as a
whole. Consideration shall be given to the general duties, the specific tasks, the
responsibilities, the required and desirable qualifications for such position, and the
relationship to other classes. The examples of duties set forth in such specifications shall not
be construed as all inclusive or restrictive, and an example of a typical task or a combination
of two or more examples shall not be taken, without the relation to all parts of the
specification, as determining that a position should be included within a class.
e. It shall be the duty of responsible administrative officers in the various departments to report
to the Secretary any and all organization changes which will abolish or affect changes in
existing positions or establish new positions. When an appointing authority requests the
establishment of any new or additional positions of more than 60 days’ duration, or a change
in allocation of an existing position, a request for such consideration shall be addressed to the
Secretary, accompanied by a statement of the duties, responsibilities and qualification
requirements of the position. In those instances where gradual shifts in work emphasis or
changing work conditions have affected material changes in existing positions, the Secretary
shall be notified in writing by the affected department before the end of the budget year. In
those instances in which the duties of a position are materially changed for other reasons, the
Secretary shall be notified immediately and not later than ten (10) days from the date of such
change.
f. ASSIGNMENT. An employee may be assigned to a position which carries additional salary
and limited additional duties and responsibilities and is within the scope of the specification
for the class from which assignment is made. If the duties of the position for which an
assignment is proposed are beyond the scope of the official specification for the base class,
such position must be separately classified and eligibility established by examination. No
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permanent or vested rights shall be acquired by reason of such assignment, and such
assignments shall be subject to review and change by the appointing authority at any time.
6.07 RECORDS.
a. The Commission shall have access to department personnel files and department
personnel procedures.
(1) A personnel record for each employee shall be kept with a record of the position
occupied by the incumbent.
(2) It shall be the duty of each appointing authority to supply to the Civil Service
Secretary, in writing, all necessary information to enable the Secretary to maintain
such records described in (1) above, and including any significant change in the
duties of the position to another position in the same or to a different class.
b. Whenever a position is reclassified from one class to a higher class, the incumbent shall
not continue in the same position, except temporarily, without gaining eligibility for the
new class by examination and receipt of an appointment thereto in accordance with
these rules.
c. Whenever a position is reclassified from one class to a lower class, the regular
incumbent may, with the concurrence of the appointing authority and the Commission,
elect to take a voluntary reduction to the lower class; or at his/her option and with the
concurrence of the appointing authority and the Commission, may remain in the
reclassified position for a temporary period as limited by the Commission only until
transfer can be made to another position in the class in which he/she has regular
standing if such a position is available.
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7. APPLICATIONS AND APPLICANTS.
7.01 GENERAL REQUIREMENTS FOR FILING APPLICATIONS.
a. All applicants for examinations for positions in the classified civil service must file written
application on a form prescribed by the Secretary; and no one shall be admitted to any
examination without having first filed an application on the proper form, giving fully,
truthfully, and accurately all information required.
b. In order to file an application for examination, the applicant must:
(1) Meet the requirements specified in these rules and in the official examination bulletin as
of the closing day of the official filing period;
(2) Produce evidence of education, training, experience, or any lawful requirement for a
class, as directed by the Secretary.
c. TIME FOR FILING APPLICATIONS:
(1) All applications for examination shall be filed with the Secretary during office hours
and within the time limit fixed in the official announcement of examination; provided,
that upon written evidence of extenuating circumstances acceptable to the Secretary,
late applications may be accepted. Applications received by mail in the office of the
Secretary must be postmarked on or before the closing date.
(2) The time for filing applications may be extended by the Secretary as the needs of the
service require, provided that the examination shall then be re-advertised in the official
newspaper of the City.
7.03 APPLICATIONS FOR PROMOTIONAL EXAMINATIONS.
a. An application shall be accepted from any regularly appointed employee in the classes from
which promotion is allowed who, in addition to meeting the requirements of Rule 7.01, has
the requisite service credit as designated in the official bulletin.
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b. When designated in the official bulletin, the Secretary may permit regular employees and
probationers to file for and take a promotional examination for delayed eligibility if on the last
day for accepting applications they have met lower specified minimum service requirements
in the classes from which promotion is allowed.
7.05 SPECIAL REQUIREMENTS.
a. The Secretary may prescribe such limits and such other specific requirements, physical or
otherwise, as in the Secretary’s judgment are required by and related to the work to be
performed.
b. When designated on the official bulletins, the Secretary may permit filing by an applicant not
more than one year under the specified minimum age on an open graded/entrance
examination, and not more than two years under the specified experience on a promotional
examination. A successful candidate will have delayed eligibility until the required minimum
age or experience is attained.
7.07 REJECTION OF AN APPLICATION OR ELIGIBLE. The Secretary may reject an applicant
for examination, withhold from a register or from certification the name of an eligible, or remove
from a register the name of an eligible if the applicant or eligible:
a. Does not meet the requirements set forth in these rules or in the bulletin announcing the
examination;
b. Is physically or mentally unfit to perform the duties of the position sought;
c. Has been convicted of any felony or a misdemeanor involving moral turpitude; (See Chapter
9.96A RCW.)
d. Has been dismissed or has resigned in lieu of discharge from any position, public or private,
for any cause which would be a cause for dismissal from City service; or has an unsatisfactory
record of employment in the City service, or with any other agency or firm.
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e. Has made any material false statement or has attempted any deception or fraud in connection
with this or any other civil service examination;
f. Fails to appear for fingerprinting or other investigations as required;
g. Has assisted in preparing the examination for which application is sought, or has in any other
manner secured confidential information concerning such examination which might give an
unfair advantage over other applicants in the examination.
h. After notification, did not promptly appear at the time and place designated for the
examination;
i. Has been discharged from the Armed Forces under dishonorable conditions, and
j. Such actions contemplated by this rule may also be taken for other material reasons. See Rule
3.09, Review and Appeal from Actions or Decisions of the Secretary.
k. No one who has been dismissed from the service for cause involving moral turpitude shall be
allowed to again enter the service, and anyone dismissed for other good cause shall be
allowed to again enter the service only by express consent of the Police Chief and the City
Manager.
l. Any applicant for appointment, promotion, re-employment, increase of salary, or other
personal advantage, who shall directly or indirectly pay or promise to pay any money or other
valuable thing to anyone whatever for or on account of such actual or prospective advantage,
shall be ineligible for any further employment in the civil service.
7.09 NOTICE OF NON-ACCEPTANCE. Anyone against whom action is taken under rule 7.09.a
shall be notified promptly by either oral notice at time of filing the application and/or written
notice mailed to the applicant or eligible.
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7.11 ADMISSION TO EXAMINATION PENDING APPEAL. The Secretary may admit to the
examination anyone whose application was not accepted, pending final disposition of an appeal,
such admission to be without prejudice to either the City or the applicant.
7.13 ADMENDMENT OF APPLICATION. The Secretary may permit any applicant, before or after
acceptance of the application form, to amend the application or to file an amended application.
7.15 APPLICATION NOT RETURNED. All applications when completed and filed become the
property of the Commission and thereafter may not be returned to the applicant.
7.17 APPLICATION FEE. Set by Secretary.
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8. EXAMINATIONS.
8.01 ORDERING EXAMINATIONS. The Commission shall order an examination whenever it is
deemed to be in the best interest of the City. The Secretary or designee shall administer
examinations as provided by these rules.
8.03 EXAMINATION ANNOUNCEMENT. Public notice of examinations shall be given by the
Secretary in the official newspaper at least ten (10) days preceding such examination and in any
other publications which the Secretary may direct. The official bulletin shall be posted at official
locations in the City of Medina and distributed to appropriate departments for posting at all
employment centers. In addition to the public notice, entry level and lateral entry examination
notices shall be posted in the department offices not less than fourteen (14) days preceding the
examination, and promotional examination notices shall be posted in department offices not less
than thirty (30) days preceding the examination.
8.05 AMENDMENTS TO ANOUNCEMENTS. The Secretary may amend any published
announcement with appropriate public notice.
8.07 CONTINUOUS EXAMINATIONS.
a. A continuous or periodic examining program may be ordered and administered by the
Secretary for any class of positions for other than promotional examinations. Filing will be
open, applications received, and the examinations administered according to the needs of the
service. The names of qualified ELIGIBLES resulting from such examinations shall be
centered on the eligible register and certification for appointments shall be made in the same
manner as from any eligible register. Names of ELIGIBLES from successive examinations in
the same program shall be entered on the eligible register for the class at the appropriate
places as determined by final grades. Names may be withheld from certification or removal
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from such eligible registers in the same manner and for the same reasons as from any eligible
register.
b. To expedite certification and appointment and to maintain security of examination material,
no keyed copy of the written tests will be provided at any time. The eligible register may be
promulgated immediately after the results are obtained.
c. Except as above provided, the rules applicable to other examinations shall apply to continuous
and periodic examinations.
8.09 CHARACTER OF EXAMINATIONS. All examinations shall be competitive, impartial, and
practical in their character. They shall be designed to qualify and rank applicants in terms of
their relative fitness to perform the duties of the class for which the examination was ordered.
An examination shall be deemed to be competitive when applicants are tested as to their relative
qualifications and abilities, or when a single applicant is scored against a fixed standard.
8.11 CONTENT OF EXAMINATIONS. Examinations may include written tests, personal
qualifications, physical or performance tests, or evaluations of training and experience,
interviews, or any other suitable evaluation of fitness, or any combination of such tests. Such
tests may evaluate education, experience, aptitude, knowledge, skill, physical condition, personal
characteristics and other qualifications to determine the relative fitness of the candidates.
8.13 PARTS AND WEIGHTS. Each examination shall embrace one or more parts to which a raw
score, rank order, or percentage weight shall be assigned. One or more of the following options
shall be utilized in scoring an examination.
a. A raw score (actual number of questions answered correctly) shall be the sole indictor of final
score of a written examination, unless otherwise determined by the Commission prior to exam
administration.
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b. A rank order list shall be the final result of an assessment center type of examination. The
rank ordering shall be determined by the number of points earned in an assessment center.
Assessors retained by the Secretary/Chief Examiner shall have the latitude and flexibility of
recommending individuals for promotion in addition to not recommending individuals for
promotion, thus not including those individuals on the eligibility list who do not receive
recommendations.
c. A percentage weight shall be determined by multiplying the weight assigned to one or more
parts of any examination and the sum of the resulting products, to be called the “weighted
average.”
8.15 PASSING GRADES.
a. A final minimum passing score required shall be determined by the Commission.
b. Where an examination consists of two or more parts, the Commission may set a minimum
score to be required in any part of such examination, and any applicant who fails to attain
such minimum score shall be considered as having failed in the entire exam and shall not be
entitled to take the balance of the exam.
8.21 OPEN GRADED EXAMINATIONS. An examination may be advertised as open graded when,
in the judgment of the Commission, it is in the best interest of the service.
8.23 VETERAN’S CREDIT. Veterans who have passed an examination shall be entitled to credit
pursuant to Chapter 41.04 RCW. (A copy of pertinent provisions of Washington State law
relating to veteran’s preference is attached as Appendix B to these rules.)
8.25 SERVICE CREDIT IN PROMOTIONAL EXAMINATIONS.
a. Service credit in any promotional examination shall be given for a maximum of 20 years
service with a maximum of ten (10) points computed in the following manner:
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1 to 3 years of service: no points
After 3 years: ¼ point for the next 4 years
Next 8 years: ½ point per year
Each year beyond: 1 point per year
b. No points will be given for a fractional part of a year. Anyone who attains the required
minimum grade on a promotional exam will be entitled to the applicable points. Service
points will not be awarded to any person not attaining the minimum grade.
8.27 KEYED COPY INSPECTION AND EXAMINATION PROTEST/CHALLENGE.
a. Applicants have a right to examine any part of the testing process. Any protest against the
scope, content, or practicality of any part of an examination shall be filed in writing with the
Secretary within three (3) working days immediately following the administration of such
part, or within the time limit specified on the examination instruction sheet.
b. When a keyed copy is provided, protests against the proposed keyed answers must be filed in
writing within three (3) working days or the time limitation specified on the examination
instruction sheet. No keyed copy will be provided for inspection on standardized tests or
continuous or periodic examinations.
c. When a qualifying grade is required on any part of an examination, those who fail to receive
the qualifying grade shall be notified and any protest or appeal must be filed in writing within
seven (7) working days after the notices of results have been mailed.
d. Any protest against scoring or any allegation of clerical error in the final results of an
examination must be filed in writing within seven (7) working days after the notices of results
have been mailed.
Revised September 18, 2006
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e. All protests filed in accordance with this rule shall be considered and any proper corrections
made. If authorized corrections are applicable to other examinees, the corrections shall be
made on all examination papers affected.
8.29 CORRECTION OF CLERICAL ERRORS. Any clerical error may be corrected by the Secretary
upon discovery at any time during the life of the eligible register, but no such correction shall
affect an appointment made from a certification made prior to the correction.
8.31 EFFECTIVE DATE OF EXAMINATION RESULTS. Results of an examination shall become
effective on the date official notice thereof is mailed to each candidate.
8.33 REEXAMINATION.
a. No one shall be reexamined for the same class within six months of the effective date of
such examination, unless authorized by the Secretary upon determination that it would be in
the best interest of the City of Medina.
b. If an eligible takes a succeeding examination for the same class, the result of such
examination shall not nullify any remaining eligibility already established. Eligibility
attained by the second examination shall be entered on the register and the eligibility that
will provide the greatest advantage to the eligible shall be used.
8.36 EXAMINATION PAPERS. Examination papers of each eligible shall be kept on file in the
office of the City of Medina until the expiration of eligibility of the current list.
8.37 ADDITIONAL EXAMINATION.
a. ELIGIBLES certified pursuant to Rule 9 shall be subject to medical, physical,
swimming or psychological examination and to such other examinations administered by
the department as authorized and approved by the Commission. Such other examinations
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include, but are not limited to, background examination and polygraph. Reports of such
examination shall be filed with the Commission in the event the findings of the
examination recommend that the eligible be rejected. The Secretary/Commission shall
consider such recommendation, may require further examination, and may order the
eligible’s name dropped from the eligible register.
b. The Secretary may designate a limited number of certified eligibles for additional
examination as provided in Rule 8.39.a, in order to maintain an ability to certify registers
pursuant to Rule 10.
Revised December 6, 2012
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9. RULES AND ELIGIBILITY.
9.01 ESTABLISHMENT OF ELIGIBLE REGISTERS. After each examination, an eligible register
for the class shall be prepared on which the names of successful candidates shall be ranked as
follows:
a. On a promotional register: Relative rank shall be determined by the examination rating or
grade, plus any additional points for service credit plus percentage allowed by law for
veteran’s preference.
b. On an open graded register: Relative rank shall be determined by the examination grade, plus
percentage allowed by law for veteran’s preference.
c. Priority of time of examination shall not give any preference in rank on the register.
d. The preference in rank of eligibles having equal final general averages shall be determined as
follows, in the order stated:
(1) When the examination is composed of two or more parts with separate grades, the one
who has:
(a) The highest grade on the most heavily weighted part of the examination; if a tie
still exists, then the highest grade on the next most heavily weighted part, and so
on for as many parts as the examination contains.
(b) The highest grade on or oral test of all parts if all parts are weighted equally.
(2) When the examination has only one part, or the candidates have the same standing
under (1) and (2) above:
(a) As between examinees who are City of Medina employees, the one having the
greater service credit with the City of Medina, regardless of class or department;
(b) If one is a regular or probationary City of Medina employee and the others are
not, the regular City of Medina employee has preference.
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(3) By filing date and time of the selection process.
e. If an applicant is permitted to file for and take an examination for delayed eligibility and if
applicant is successful in the examination, eligibility shall be held in abeyance until the
candidate meets the requirements for eligibility, which must be reported in writing. If
otherwise eligible, the candidate’s name shall be placed on the register in accordance with the
final examination grade. Any such eligibility shall expire with that of other eligibles from the
same examination.
9.03 RETURN TO REGISTER FOLLOWING LAYOFF. Upon layoff, an employee’s name shall be
placed upon the proper eligible register for the class, according to the grade, for one year from
the date of such layoff.
9.05 RETURN TO ELIGIBLE REGISTER AFTER RESIGNATION OR RETIREMENT.
a. A former employee who resigned or retired may request return of his name to the proper open
graded eligible register for the class. Such request must be made within one year from date of
resignation or retirement; provided, the Secretary may extend the above time limitation for
not to exceed an additional four years upon satisfactory showing that such extension would be
in the best interest of the City;
b. Any request for return to register following resignation or retirement must be supported by
written recommendation of the former employing department;
c. A former employee whose eligibility is reinstated under this rule shall be certified according
to civil service rules. However, the names of such an eligible need to be considered only by
the department which recommends the return of the name to the register;
d. The name of a former employee who resigned or retired may not be returned to a promotional
register, unless recommended by the head of the former employing department and approved
by the Civil Service Commission within one year from the date of resignation or retirement.
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9.06 APPOINTMENT WITHOUT EXAMINATION. Except as provided in 9.03, 9.05 and 9.07, any
return to the civil service shall be by examination only.
9.07 ESTABLISHMENT OF REINSTATEMENT REGISTERS.
a. The names of regular employees who have been laid off or, when requested in writing by the
appointing authority, probationary employees who have been laid off for a period of one year
from the date of layoff;
b. Upon the request of an appointing authority, the Secretary may approve the certification of
anyone on such a reinstatement register as eligible for appointment on an open competitive
basis in the department requesting certification.
c. Anyone on a reinstatement register who becomes a regular employee in another department
shall lose reinstatement right in the former department.
d. Anyone accepting a permanent appointment in the class from which laid off and in a
department other than that from which laid off is not to be certified to the former department
unless eligibility for that department is restored.
e. Refusal to accept permanent work from a reinstatement register shall terminate all rights
granted under this chapter; provided, no one shall lose reinstatement eligibility by refusing to
accept appointment in a department other than the one from which laid off.
9.09 DURATION OF ELIGIBLE REGISTERS.
a. If an applicant is permitted a delayed administration of an examination, and is successful
in such examination, that applicant’s eligibility shall expire with that of other eligibles
from the same examination.
b. In no event shall a register remain in force for longer than 12 months, unless specifically
retired or extended by the Commission, but in any event no longer than 24 months. If a
Revised December 6, 2012
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more comprehensive written testing process is deemed to be better suited for the Medina
Police Department, the Civil Service Commission shall retire a current or old eligibility list.
c. If the register has less than three names, the Chief or Secretary can require the
establishment of a new register.
d. Eligibility upon return of a name to an eligible register following registration shall be for
one year from such return.
e. An employee who accepts a position in another class in the same department, or accepts an
appointment in another department, or is laid off, shall retain all earned eligibility for the
period provided for in Rule 14, except that if an appointment is accepted in another
department (whether following a layoff or otherwise), continuation of the departmental
promotional eligibility for the first department shall be at the option of that department.
9.11 AVAILABILITY OF ELIGIBLES.
a. It shall be the responsibility of an eligible to notify the Civil Service Secretary and Chief
Examiner in writing immediately of changes in address, telephone number, change of name
through marriage or otherwise, or any changes which may affect availability for employment.
b. The name of an eligible who submits a written statement restricting the conditions under
which available for employment shall be withheld from certifications which do not meet the
conditions specified. New written statements may be filed at any time within the duration of
an eligible register modifying conditions under which employment would be accepted.
9.13 CANCELLATION OF ELIGIBILITY.
a. Anyone’s name may be removed from an eligible list for failure to pass a required
examination or upon receipt of proof of material physical or mental disability, bad character
or other unfitness, fraudulent conduct, or false statements by the eligible or by others with the
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eligible’s collusion, in connection with any application, examination form, or securing of an
appointment. A previous unsatisfactory work record with the City or dismissal from the
service, or dismissal from any position, public or private, for any cause which would be a
cause for dismissal from City service may be deemed cause for cancellation of eligibility.
b. Separation from the service will terminate any promotional eligibility.
c. Upon request of an appointing authority that an eligible has failed to respond to call, or has
refused to accept employment, the Secretary may strike the eligible’s name from the register.
d. Failure to respond to the canvass of a register within fourteen (14) days from such canvass
shall be deemed cause to strike the name of any eligible from the register.
e. Refusal to accept re-employment in a permanent position shall constitute separation from the
service except as provided in rule 9.07.e.
f. Such action contemplated by this rule may also be taken for other material reasons.
9.15 RESTORATION OF NAMES TO ELIGIBLE. The name of an eligible which has been removed
from a register may be restored upon written request to the Secretary for such restoration. The
Secretary may approve the request if it is deemed that the evidence submitted justifies such
approval.
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10. CERTIFICATION AND APPOINTMENT.
10.01 GENERAL PROVISIONS. Vacancies in the classified civil service shall be filled by reinstate-
ment, promotional appointment, assignment, open graded appointment, transfer, reduction, de-
motion, or in the absence of an appropriate register, the Secretary may authorize a temporary
appointment.
10.03 REQUEST FOR CERTIFICATION. Whenever an appointing authority wishes to fill a vacancy,
a request for certification shall be submitted to the Secretary. The request shall show the number
of positions or vacancies to be filled, the class title, tenure of work to be performed, cause of the
vacancy, or if a new position, authority for the appointment, and any other details necessary for
full description of the position to be filled.
10.05 CERTIFICATION
a. Certification to fill a vacancy shall be met by the Civil Service Secretary from registers in the
following order and as provided in this rule:
(1) Reinstatement;
(2) Promotional, and
(3) Open Graded.
b. Order of reinstatement:
(1) If a vacancy is to be filled from the reinstatement register, the following shall be the order
of certification:
(a) Regular employees in the order of their length of service. The regular employee on
such register who has the most service credit shall be first reinstated;
(b) Probationers, without regard to length of service. The names of all probationers upon
the reinstatement register shall be certified together
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(2) Upon request from the appointing authority, the Secretary may authorize reinstatement
out of such regular order upon a showing of efficiency or that such action is for the
good of the service, after giving the employees adversely affected an opportunity to be
heard.
(3) Nothing in this rule shall prevent the reinstatement of any regular or probationary
employee for the purpose of transfer to another department, either for the same class or
for voluntary reduction in class, as provided in these rules.
c. (1) If a vacancy is to be filled from a promotional register, the Secretary shall certify to the
appointing authority the names of the three available eligibles who stand highest on the
appropriate register.
(2) If a vacancy is to be filled from an open graded register, the Secretary shall certify to
the appointing authority the names of the three who stand highest on the appropriate
register.
d. If two or more vacancies are to be filled from an open graded register, the Secretary shall
certify to the appointing authority the names of the three available eligibles who stand highest
on the appropriate register.
e. If an appointing authority makes an acceptable showing that any of the eligibiles certified are
not available or that they do not respond, sufficient additional names shall be furnished to
complete the certification.
f. Where a certification of eligibles with special experience, training or skills is requested in
writing by the appointing authority as being necessary for satisfactory performance in a
particular position, and the Secretary determines that the reasons given fully justify the
request, a certification may be made of only the highest ranking eligibles who possess the
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special qualifications. Certification of eligibles of only one sex shall not be made unless there
is clear evidence that efficient performance of duties to be assigned could be performed only
by the sex specified.
g. If a temporary vacancy is to be filled from an open or a promotional register, those eligibiles
with three months of service who are shown on the register as having been laid off within the
last 12 months from the department in which the vacancy exists shall be placed in grade order
at the head of the list of eligibles for certification according to rule.
h. The application and the examination papers of a certified eligible shall be available for
inspection by the appointing authority.
i. Where a certification of eligibles other than in the normal order is requested in writing by the
appointing authority as being necessary to implement the Affirmative Action Program of the
City of Medina by achieving ratios of minority, female or handicapped employees in all
classifications of city employment approximately equal to the ratios of these same groups in
the community, and the Secretary determines that the reasons given fully justify the request, a
certification may be made of only the highest-ranking eligibles of minority, female, or
handicapped eligibles, as designated in the request.
10.07 DEFERMENT OF CERTIFICATION. The Secretary may grant deferment of certification of an
eligible upon receipt from the eligible of a written request with satisfactory reason therefore.
Such deferment will thereafter prevent certification of such eligible until the next vacancy
occurring after the eligible has given written notice of his desire to be returned to the register,
and such return has been approved by the Secretary.
10.09 DURATION OF CERTIFICATION. Certification shall be in effect for thirty (30) days from its
date of issuance. The appointing authority must file a report of any appointment from such
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certification with the Secretary. Upon request, the Secretary may extend such certification for
additional 30-day periods. Expiration of eligibility shall not cancel the validity of a certification.
10.11 REGULAR APPOINTMENT. A regular appointment to fill a vacancy must be made from the
names continued on the official certification. The official appointment report shall show the
names of the person appointed, the effective date, the salary, the nature of duration of the
appointment, and any other information required.
10.13 TEMPORARY APPOINTMENT. Where there is no suitable eligible register from which
certification can be made, the Secretary may allow the appointing authority to make a temporary
appointment. A temporary appointment may be made for a period of up to four months, and may
not be extended for a longer period of time. No person shall receive more than one temporary
appointment in any twelve-month period. All temporary employment in a class shall cease at the
earliest possible date and shall not exceed thirty (30) days from the date of notice that a proper
eligible register for such class is available; provided, an extension may be granted by the
Secretary upon satisfactory written showing by the appointing authority, if such extension will
not cause the provisional appointment to exceed the four month limitation.
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11. PROBATION.
11.01 PROBATIONARY PERIOD.
a. After each full time or part time permanent appointment from an eligible register, the
employee appointed shall serve a complete period of probation before the appointment is
deemed complete.
b. If a probationer transfers in the same class from one department to another, the receiving
department may, with the approval of the Secretary, require that a complete probationary
period be served in that department.
c. A regular employee who has been reduced to a lower class in which he has not had regular
standing shall have probationary status in the lower class for 12 months from the date of such
reduction.
11.03 LENGTH OF PROBATIONARY PERIOD. The period of probation shall be 12 months of full
time service from the date of graduation from the Washington State Criminal Justice Training
Commission Academy. Minor absences due to vacations, annual military leave, illnesses, etc.,
shall not be construed as interrupting the probationary period unless an absence or absences are
considered to be excessive to the extent that the Secretary will approve a departmental request
for an extension of probationary period not to exceed 18 months total.
11.05 INTERRUPTION OF PROBATIONARY PERIOD BY MILITARY SERVICE. A probationer
who engages in active military service on an extended basis shall be considered as having an
interrupted probationary period. Such employees shall restart the probationary period following
return from military leave at the point he/she left off.
Revised October 11, 1999
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11.07 SERVICE IN ANOTHER CLASS. Service in a class or office other than the one to which an
eligible is regularly appointed may be credited toward completion of a probationary period if the
Secretary has approved the written statement of the Appointing Authority to the effect that the
probationary period may be properly judged on the basis of service in the other class or office.
11.09 PROBATIONARY DISCHARGE OR DEMOTION.
a. The appointing authority, by assigning in writing to the Commission for reasons therefore,
may discharge any probationer. Such reasons need not constitute just cause and shall not
otherwise be reviewed by the Commission.
b. A probationer may be demoted for inability to perform satisfactorily the duties of the
position to which he/she was appointed, in accordance with Rule 17.03 on demotion; or may
be allowed eligibility for another position in the same class, for which he/she is deemed
qualified by the appointing authority, subject to approval by the Commission.
c. A probationer demoted to a class in which he/she has not held regular standing shall start a
new period of probation.
Revised May 14, 2001
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12. SERVICE CREDIT.
12.01 Service credit in a class for a regular employee shall be computed to cover all service subsequent
to regular appointment to a permanent position in that class and shall be applicable in the
department in which employed and specifically as follows:
a. General Provisions:
(1) After completion of the probationary period, service credit shall be given for
employment in the same, an equal or higher class, and shall include any temporary or
intermittent employment served in the same class under a regular appointment prior to
the permanent appointment;
(2) Subject to approval by the Secretary, service credit shall be given for service in
positions exempt from civil service or in positions in other departments;
(3) Service credit will be given for previous regular employment of an incumbent in a
position which has been reallocated and in which he/she has been reallocated and in
which he/she has been continued with recognized standing;
(4) Credit will be given for service prior to an authorized transfer;
(5) Credit will be given for time lost during:
(a) Jury duty;
(b) Disability incurred in the line of service;
(c) Illness or disability compensated for under any plan authorized and paid for by
the City of Medina;
(d) Service as a representative of a union affecting the welfare of City of Medina
employees;
(e) Service with the armed forces of the United States, including but not exceeding
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twenty one (21) days prior to entry into active service and not to exceed ninety
(90) days after separation from such service;
(f) Service with the armed forces during the annual leave for military training.
b. No service credit shall be given:
(1) For service of a regular employee in a lower class to which he/she has been reduced and
in which he/she has not had a regular standing, except from the time of such reduction.
(2) For any employment prior to a separation from the service other than by a resignation
which has been withdrawn as provided by Rule 16.02. (Layoff of a regular employee
does not constitute a separation from the service.)
c. Service Credit for Promotion. Credit as specified in this rule shall be allowed for:
(1) Recognized service in all the classes from which promotion is allowed;
(2) Service in classified assignments and in higher positions in the same series of classes;
(3) Time lost during military service as specified in Rule 12.01a(5)(e);
(4) Time lost due to injury or disability incurred on the job; and
(5) Time spent as a union representative of a union affecting the welfare of City employees.
d. Special Provisions for Service Credit in Layoff. In layoff, credit shall be given as specified in
Rule 12.01a(1) through (5) inclusive.
e. Service Credit for Salary Increase. Service for salary increases shall be as prescribed by the
legislative authority.
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13. TRANSFER.
a. The transfer of an employee shall not constitute a promotion in the service, except as provided
in (c)(4) below.
b. Intra-departmental transfers: An appointing authority may transfer an employee from one
position in the same class in his/her department without prior approval of the Secretary, but
must report any such transfer to the Civil Service Secretary within five (5) days of its
effective date.
c. Other transfer may be made upon consent of the appointing authorities of the department
involved and with the Secretary’s approval as follows:
(1) Transfer in the same class from one department to another; such a transfer may be made
concurrent with the appointment of an employee to another class;
(2) Transfer to another class in the same or a different department in case of injury in the
line of duty either with the City service or with the armed forces in time of war or call
up, resulting in permanent partial disability, where showing is made that the transferee
is capable of satisfactorily performing the duties of the new position;
(3) Transfer, in lieu of layoff, may be made with limited standing to a single position in
another class in the same or a different department, upon showing that the transferee is
capable of satisfactorily performing the duties of the position, and that a regular
employee or probationer is not displaced. Regular standing in the new class may be
attained by the employee only through examination and permanent regular appointment.
(4) Transfer, in lieu of layoff may be made with limited standing to a single position in
another class when such transfer would constitute a promotion or advancement in the
service, provided a showing is made that the transferee is capable of satisfactorily
performing the duties of the position and that a regular employee or probationer is not
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displaced and when transfer in lieu of layoff under Rule 13c(3) is not practicable.
Regular standing in the new class may be attained by the employee only through
examination and permanent regular appointment.
(5) The Secretary may approve a transfer under (1), (2), (3), or (4) above with the consent
of the appointing authority of the receiving department only, upon a showing of
circumstances justifying such action.
d. These rules have no authority or effect on positions or departments not subject to the Civil
Service. Transfer to or from positions or departments not subject to the Civil Service are
unaffected by these rules.
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14. LAYOFF.
a. In a given class in a department, the following shall be the order of layoff:
(1) Provisional appointees;
(2) Temporary or intermittent employees not earning service credit;
(3) Probationers (except as their layoff may be affected by military service during
probation);
(4) Regular employees in the order of their length of service, the one with the least service
being laid off first.
b. Layoff Out of Order. The Secretary may grant permission for layoff out of the regular order,
upon showing by the appointing authority of the department of a necessity therefore in the
interest of efficient operation of his department, after giving any employee or employees
affected an opportunity to be heard.
c. Reduction in Lieu of Layoff. At the time of any layoff, a regular employee or a promotional
probationer shall be given an opportunity to accept reduction to the next lower class in a
series of classes in his/her department, or he/she may be transferred as provided by Rule
13c(3), Transfer in Lieu of Layoff. An employee so reduced shall be entitled to credit for any
previous regular service in the lower class and to other service credit in accordance with the
Service Credit Rule 12.
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15. LEAVES OF ABSENCE.
15.01 DURATION OF LEAVES.
a. A leave of absence without pay for a period not exceeding fourteen (14) consecutive days
may be granted by the appointing authority of a department, who shall give notice of such
leave to the Commission.
b. A request for a leave of absence longer than 14 days bearing the favorable recommendation of
the employee’s appointing authority may be granted by the Secretary, who shall give notice of
such leave to the Commission.
c. No employee shall be given leave to take a position outside the City of Medina service for
more than sixty (60) days in any calendar year, except where it appears in the best interest of
the City of Medina.
15.02 RETURN FROM LEAVE. At the expiration of the authorized leave of absence, a probationer or
regular employee shall resume the same class of work with standing and service credit as
determined by these rules.
15.03 MILITARY LEAVE. See City of Medina Personnel Rules and Washington State law relating
thereto.
15.05 FILLING VACANCY. All temporary employment caused by leave of absence shall be made
pursuant to Rule 10.
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16. RESIGNATION.
16.01 HOW SUBMITTED. Resignation of any employee from the service shall be made in writing
and filed with the Secretary after approval by the Appointing Authority.
16.02 WITHDRAWAL OF RESIGNATION. The Secretary may permit the withdrawal of a
resignation only upon a written request filed within one hundred eighty (180) days from the
effective day of the resignation and if such request for withdrawal bears the favorable
recommendation of the appointing authority.
16.03 RETURN TO ELIGIBILE REGISTER FOLLOWING RESIGNATION. (See Rule 9.05.)
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17. DISCIPLINE AND DISCHARGE.
17.01 SUSPENSION—DISCHARGE.
a. A department head may suspend a subordinate, with or without pay, for a period not to exceed
thirty (30) days for good cause.
b. A department head may discharge a subordinate for good cause, but in respect to discharge or
suspension shall give at least one (1) warning letter of the complaint against such employee to
the employee in writing and a copy of the same to the union, except that no warning need be
given to an employee before he/she is discharged or suspended if the cause of such discharge
or suspension is for theft, gross insubordination and/or drunkenness on duty, and/or issues of
parallel magnitude. Warning letters to be considered as valid, shall be issued within thirty
(30) days after the occurrence or knowledge of the occurrence of the violation claimed by the
department head in such warning letter.
c. Warning letters shall be immediately removed from the employee’s personnel file in the event
that the complaint is determined to be unfounded.
d. Disputes regarding this section shall be handled through the union grievance procedure for
employees who are union members and through the Civil Service Commission for non-union
members.
17.03 DEMOTION.
a. Demotion of an employee to a lower class for good cause may be made by the department
head.
b. An employee so demoted shall lose all rights to the higher class.
Revised April 20, 2001
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c. 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 Secretary shall be satisfied as to
the ability of such demoted employee to perform the duties of the lower class and shall
require the completion of a probationary period.
17.05 DISCIPLINE—JUST CAUSE—ILLUSTRATED. The following are declared to illustrate
adequate cause for discipline; discipline may be made for any other good cause:
a. Incompetence, inefficiency, or inattention to, or dereliction of duty;
b. 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 himself/herself;
c. Dishonest, disgraceful, or prejudicial conduct;
d. 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;
e. Conviction of a felony, or a misdemeanor involving moral turpitude;]
f. False or fraudulent statements or fraudulent conduct by an applicant, examinee, eligible,
or employee, or such actions by others with his/her collusion;
g. Willful or intentional violation of any lawful and reasonable regulation, order or direction
made or given by a superior officer;
h. Willful or intentional violation of any of the provisions of these rules.
17.07 HEALTH AND FITNESS.
a. Refusal to correct conditions that make the employee unfit for the position;
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b. It shall be considered insubordination if and when the employee fails to keep appointments
with professional doctors, psychiatrists and/or counselors as scheduled by the City of
Medina.
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18. HEARINGS.
18.01 HEARINGS—APPEALS.
a. Any union employee who is adversely affected by an alleged violation of Civil Service rules
or City of Medina Personnel Rules may appeal such violation to the union, as prescribed by
the union grievance procedure. Any non-union employee who may be adversely affected by
an alleged violation of Civil Service rules or City of Medina personnel rules may appeal such
violation to the Civil Service Commission.
18.03 AUTHORITY OF SECRETARY AND CHIEF EXAMINER/STAFF
a. In the event of an applicant protest regarding the testing procedure, the Secretary and Chief
Examiner to the Commission shall have the authority to make orders of preliminary matters,
including motions for discovery and to compel discovery, continuance, protective orders, and
other similar matters. Such orders may be appealed to the Commission. The Secretary and
Chief Examiner may also conduct pre-hearing settlement hearing conferences in order to
encourage resolution of contested matters, issue subpoenas, and note depositions.
b. The Commission may authorize the Commission staff to investigate any reports or appeals
relating to the enforcement or application of the Civil Service or those rules which do not
involve a disciplinary proceeding. The staff shall report the results of the investigation to the
Commission in an open meeting. On the basis of such report, the Commission shall either
dismiss the report or appeal as being without basis or set the matter for a full hearing.
c. As an aid to investigations authorized by the Commission, the Secretary and Chief Examiner
may subpoena any documents that would be discoverable for purposes of hearing preparation
and may take depositions by tape recorder of any person who may have relevant knowledge.
Depositions so taken shall be kept as part of the records of the Commission.
Revised April 20, 2001
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18.09 APPEALS—INITIAL REVIEW. The Secretary and Chief Examiner shall review all applicant
appeals to determine whether the candidate has timely filed an appeal and whether the action
appealed from is a final action. Upon a determination that the appeal is not timely, the Secretary
and Chief Examiner shall issue a written order of dismissal with prejudice, setting forth the basis
of the dismissal. In the case of an action that is not final, the appeal shall be stayed until such
action becomes final. Such orders may be appealed to the Commission.
18.11 APPEALS—NOTICE OF HEARING. Upon receipt of a notice of appeal, the Commission staff
shall forward a copy of the notice to other affected parties. As soon as possible thereafter, but in
any event within ten (10) days, a date of hearing before the Commission shall be set, with each
party to be afforded not less than twenty (20) days notice of such hearing. Subsequent hearings
on the same appeal shall have one week’s notice unless waived by all parties. All parties may
agree to waive the notice provisions and time limits provided by this section.
18.13 APPEALS—AUTHORITY OF DEPARTMENT. The exercise of jurisdiction by the
Commission over a matter does not preclude the applicant from withdrawing, modifying or
otherwise compromising the matter prior to the matter going to hearing. Upon resolution of a
matter prior to hearing, any candidate may request the dismissal of the matter. A stipulation
signed by the applicant should be submitted to the commission prior to such dismissal.
18.15 SERVICE OF PROCESS—PAPERS.
a. The Commission staff shall cause to be served all orders, notices, and other papers issued by
the Commission, together with any other papers that the Commission is required by these
rules to serve. Every other paper shall be served by the party filing the notice, document or
paper.
b. All notices, documents or papers served by either the Commission or a party shall be served
upon all counsel of record at the time of such filing and upon parties not represented by
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counsel. Service of appeals shall be by personal service, by registered or certified mail, or by
regular mail with written acknowledgement of such mailing attached to the papers so served.
Written acknowledgement shall be by affidavit of the person who mailed the papers, or by
certificate of any attorney or Secretary and Chief Examiner.
c. Service upon parties shall be regarded as complete when personal service has been
accomplished; or by mail (U.S. or inter-city), upon deposit in the mail properly stamped and
addressed.
d. Papers required to be filed with the Commission shall be deemed filed upon actual receipt of
the papers by the Commission staff at the Commission office. All papers except the original
appeal notice shall be served with the original and three copies. Briefs and memoranda must
be filed with the Commission at least three (3) days prior to any hearing involving matters
discussed in said brief or memoranda. Documentary evidence is not required to be filed, but,
rather, provided at the hearing.
e. An appellant or petitioner is responsible for notifying the Commission in writing of any
change in mailing or street address and telephone number. Failure to so notify the
Commission shall constitute a waiver of service and notice under these rules.
18.17 DISCOVERY.
a. Parties to a proceeding are required to provide to each other reasonable access and discovery
to all relevant information concerning the matter before the Commission. Any question
concerning relevancy or access shall be resolved by order of the Secretary.
b. Upon failure of any party to comply with an order of the Secretary shall schedule the matter
before the Commission for review and determination of appropriate sanctions.
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18.19 SUBPOENAS.
a. Every subpoena shall identify the Commission and the title of the proceedings, if any, and
shall command the person to whom it is directed to attend, at a specified time and place, and
give testimony or produce designated books, documents or things under the person’s control.
b. Upon application of any party or his/her representative, the Secretary shall issue to such party
subpoenas requiring the attendance and testimony of witnesses or the production of evidence
in such proceeding. The party requesting the subpoena is responsible for having the subpoena
properly served. Such requests for subpoenas shall be submitted to the Commission office at
least three (3) days prior to the hearing.
c. Service of subpoena shall be made by serving a copy of the subpoena on the person named
therein.
d. The person serving the subpoena shall make proof of service by filing the subpoena at the
Commission office; and if such service has not been acknowledged by the witness, the person
serving the subpoena shall make an affidavit of service. Failure to file proof of service does
not affect the validity of service.
e. Upon a motion promptly made by a candidate or by the person to whom the subpoena is
directed, and upon notice to the party on whose behalf the subpoena was issued, the
Commission may:
(1) Quash or modify the subpoena if it is unreasonable or requires evidence not relevant to
any matter in issue, or
(2) Quash or modify a motion upon just and reasonable conditions.
18.21 BURDEN OF PROOF. At any hearing, the petitioner or appellant shall have the burden of proof
by a preponderance of the evidence.
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18.23 EVIDENCE.
a. Subject to other provisions of these rules, all competent and relevant evidence shall be
admissible. In passing upon the admissibility of evidence, the Commission shall give
consideration to, but shall not be bound to follow, the rules of evidence governing civil
proceedings in the superior courts of the State of Washington.
b. Witnesses in any hearing may be examined orally, under oath or affirmation, and shall be
subject to cross-examination by opposing parties and the Commission.
c. When objection is made to the admissibility of evidence, such evidence may be received
subject to a later ruling. The Commission may exclude inadmissible evidence discontinued in
its discretion, either with or without objection. A party objecting to the introduction or
exclusion of evidence shall state the grounds of such objection at the time such evidence is
offered or excluded. No such objection shall be deemed waived by further participation in the
hearing.
d. At any hearing before the Commission when documentary exhibits are to be offered into
evidence, copies shall be furnished to the opposing party, to each Commission member and to
the Secretary and Chief Examiner.
e. Parties are encouraged to stipulate to the admissibility of documentary exhibits. To further
this end, parties will make request of other parties for such stipulation no later than three (3)
days in advance of the hearing, barring unusual circumstances. The party of whom the
request is made shall respond no later than one (1) day prior to the hearing.
18.25 DELIBERATIONS. Deliberations by the Commission shall be subject to Chapter 42.30 RCW.
No person other than the Secretary and Chief Examiner and legal counsel to the Commission
shall be present during deliberations. No person shall attempt to convey any matter on appeal,
other than in open hearing.
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18.27 DECISION. In any appeal, the Commission shall issue a decision, including findings of fact,
conclusions of law, and an order, to the appellant or counsel of record for the appellant. A
decision shall be issued within thirty (30) days of the close of the hearing of an appeal or other
proceeding heard only by the Commission. Absent the consent of an appellant to an extension of
time, failure to issue a decision within the time prescribed shall result in an appeal being
sustained.
18.27 REMEDIES. The Commission may issue such remedial orders as deemed appropriate.
18.31 RECONSIDERATION. A party may move for reconsideration by the Commission only on the
basis of fraud, mistake, or misconception of facts. Such motion must be filed with the
Commission within ten (10) days of the decision of the Commission. Such motion for
reconsideration shall be decided on affidavits, absent special showing that testimony is
necessary.
18.33 WAIVER. Upon stipulation of all parties to a proceeding, and upon a showing that the purposes
of the rules or ordinances of the City of Medina would be better served, the Commission may
waive the requirements of any of these rules.
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19. RETIREMENT AND DISABILITY.
19.01 RETIREMENT. Employees of the City who are members of pension fund systems as provided
by law shall be retired on account of age/service or disability in accordance with the pertinent
provisions of law.
19.03 REINSTATEMENT AFTER DISABILITY RETIREMENT.
a. The Secretary shall review any report from a retirement system showing that a former
employee who is on disability retirement has regained his/her health to the extent he/she is
employable.
(1) Upon being satisfied that the employee is physically and mentally competent to perform
the duties of the regular class, the Secretary shall:
(a) Order return of the employee to former employment status as if a leave of absence
had been granted; or
(b) Place the name on the reinstatement register for an available class and department.
(2) The name of an employee who is employable but not fully recovered shall be placed on
the most advantageous reinstatement register for the same department, for an equivalent
or lower class comprised of duties the employee is competent to perform, as determined
by the Secretary;
(3) If such an employee’s name is placed on a reinstatement register, service credit acquired
previous to retirement shall be continued. The employee shall be reinstated from such
register and transferred or reduced in grade according to rules. Eligibility rights shall
not expire as prescribed in case of layoff.
b. Any reinstatement in a class other than that in which last employed shall not result in a
promotion.
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c. The provisions of these rules shall not apply in the event an employee is discharged from the
service and concurrently given a disability retirement.
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20. MISCELLANEOUS.
20.01 REPEALS AND SAVINGS. All matters shall be subject to these rules, and to that extent, all
previous Civil Service Rules are hereby repealed.
20.03 COMPUTATION OF TIME
a. In computing any period of time prescribed or allowed by these rules or by any applicable
statute, the day of the act or event from which the designated period of time begins to run
shall not be included. The last day of the period so computed shall be included, unless it is
a Saturday, a Sunday or a City of Medina legal holiday, in which event the period runs
until the end of the next day which is neither a Saturday, a Sunday nor a City of Medina
legal holiday. When the period of time prescribed or allowed is ten (10) days or less,
intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.
b. Any period of time except for the stated period of time set forth in Rule 18.11 may be
extended by the Secretary and Chief Examiner for no more than fourteen (14) days upon
written notice to the Commission and a showing of good cause. The motion for extension
of time must be filed with the Commission offices prior to the running of the applicable
time period.
c. The date of notice for purpose of these rules shall be the date on which notice of an action
is posted in the Commission’s office or is mailed to a party to a proceeding.
Updated this 6th day of December, 2012
_____________________________________
Peter E. Jorgensen, Chairman
_____________________________________
Anthony D. Shapiro, Vice-Chairman
_____________________________________
Roger F. Ngouenet, Commissioner
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CITY OF MEDINA
501 EVERGREEN POINT ROAD | PO BOX 144 | MEDINA WA 98039-0144
TELEPHONE 425-233-6400 | www.medina-wa.gov
To: Medina City Council
From: Medina Civil Service Commission (CSC)
Date: January 7, 2021
Re: 2020 Annual Report
In 2020 the Civil Service Commission met one time on January 16, 2020.
The Commission certified the Lateral Police Officer Eligibility register on
January 16, 2020.
____________________ ________________________
John Bell - Chair Lou Hillenbrand – Vice Chair
Civil Service Commission Annual Report for 2020 Page 70 of 70