Civil Service: An Overview. 32 nd Annual Civil Service Conference. P. Stephen DiJulio. P. Stephen DiJulio

Transcription

1 Civil Service: An Overview 32 nd Annual Civil Service Conference P. Stephen DiJulio P. Stephen DiJulio

2 Background Jefferson ( ) Jackson ( ) 3 4 2

3 Background Pendleton Act Civil Service Reform Act of Background Civil Service Reform Act of

4 Progressive Era Systems 8 4

5 Systems Ch RCW (1935) 9 Systems Ch RCW (1937) 10 5

6 Systems Ch RCW (I-23, 1958) 11 Systems Other 12 6

7 Structure Reynolds v. Kirkland Police Commission 13 Purpose MERIT TENURE INDEPENDENT COMMISSION 14 7

8 Vested rights? Greig v. Metlzer 15 Who runs department? Eason v. Seattle 16 8

9 Who Covered? Teamsters v. Moses Lake 17 RCW Persons included -- Restricted exemptions: If the police chief is exempt, the classified civil service includes all full paid employees of the department of the city, town, or municipality, except the police chief and an additional number of positions, designated the unclassified service, determined as follows: Unclassified Department Position Position Appointments 6 through through through through through through and over

10 RCW Persons included -- Restricted exemptions: Assistant chief Deputy chief Bureau commander, and Administrative assistant or administrative secretary. 19 RCW County Classified and unclassified service designated: The classified civil service and provisions of this chapter shall include all deputy sheriffs and other employees of the office of sheriff in each county except the county sheriff in every county and an additional number of positions, designated the unclassified service, determined as follows: Unclassified Staff Personnel Position Appointments 1 through through through through through through and over

11 RCW County Classified and unclassified service designated: Undersheriff Inspector Chief criminal deputy Chief civil deputy Jail superintendent, and Administrative assistant or administrative secretary King County (> 500,000): unclassified positions of administrative responsibility not to exceed twenty positions 21 Chapter RCW and Collective Bargaining 22 11

12 Civil Service v. Collective Bargaining Spokane v. Civil Service Commission 23 Classifications State ex rel. Reilly v. Civil Service 24 12

13 Examinations: Written or Oral? Stoor v. Seattle 25 Examinations: Test Materials 26 13

14 Answer A. It is a crime because it violates an existing statute. B. It is not a crime because the statute is obsolete and not usually enforced. C. It is a crime because the exposure may incite others to more serious crime. D. It is a crime because the offensiveness to public opinion justifies the use of the obsolete statute. E. It is not a crime because public opinion would not support the police in taking enforcement action. See Helland v. King County, 84 Wn.2d 858 (1975) 27 Examinations: Follow the Rules See State ex rel. Hearty v. Mullin, 198 Wash. 99 (1939) 28 14

15 Examinations: Open or Promotional? O Brien v. Civil Service Commission 29 Examinations: Who tests? Simonds v. Kennewick 30 15

16 Examinations: Basics EMPLOYMENT SELECTION PROCEDURE IS VALID IF PREDICTIVE OF OR SIGNIFICANTLY CORRELATED WITH IMPORTANT ELEMENTS OF JOB PERFORMANCE. 29 CFR (B) See, TITLE VII of the Civil Rights Act of 1964, 42 USC 2000-e2(a) 31 Examinations: Test Sequence See Leonel v. American Airlines 32 16

17 Register/List: Rule of three (or more)? Seattle Police Officers Guild v. City of Seattle 33 Certification and Appointment See Crippen v. City of Bellevue 34 17

18 Department Screening? 35 Commission Review of Registers Who tests? Who determines candidate eligibility? Managing appeals 36 18

19 Probation 37 Discharge/discipline 38 19

20 Reprimands? City of Yakima (1991) 39 Resignation Micone v. Civil Service Commission 40 20

21 Commission Jurisdiction? Yakima v. Yakima Police Civil Service 41 Increased penalties Pool v. City of Omak 42 21

22 Arbitration v. Civil Service City of Kelso 43 Cause? In Good Faith For Cause v. Just Cause Seattle Police Dept. v. Civil Service 44 22

23 Authority to appeal Pierce County v. Civil Service Commission

24 Civil Service: An Overview 32nd Annual Civil Service Conference P. Stephen DiJulio P. Stephen DiJulio