Civil Service Powers and Jurisdiction. Origins of Civil Service:

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1 Civil Service Powers and Jurisdiction Presented by Gary N. McLean Attorney, Hearing Examiner, Special Counsel for local government projects, appeals, litigation. Origins of Civil Service: Created to prevent... Spoils systems Political machines Corruption Boardwalk Empire storylines 1

2 Statutory Powers and Duties RCW for City Police Departments RCW for County Sheriff Agencies. RCW for Fire Departments. Powers and duties include... Hiring practices Examination requirements Eligibility lists Appeals/Investigations 2

3 Rules CSC s are given authority and are assigned the statutory DUTY to adopt rules that implement the intent and purposes of state civil service statutes that are not inconsistent with such laws. Rules Know your purpose, mission and focus, and if your rules don t explain it, amend them to do so. Regularly review and update rules. 3

4 Be wary of power moves, chiseling away at role reserved for Civil Service Commission Courts might reject ordinances that would transfer substantive powers from a CSC to an executive s personnel director. State law mandates that there be an independent body to protect police officers. S.P.O.G v. City of Seattle, 121 Wash.App. 453 (Div. 1, 2004); citing RCW et seq. 4

5 Limits of CSC Powers Civil Service Commission powers are limited to those subjects addressed in state law, which expressly notes that nothing in state civil service statues shall infringe on the authority of an executive/hiring authority to create positions, make final appointment decisions, and fix salaries. See RCW , and Relevance in Today s World Local pols and execs using public servants to do their own bidding; yard signs anyone? Legacy of hiring practices used to retain status quo, block entry for women, minorities in certain jobs. No village is without its idiot or resident wingnut ready to abuse power. 5

6 A case study of a city with an ocean full of lessons why civil service is still relevant in the 21st Century Mayor elected as write-in, alleges corruption (not supported in subsequent Audit Reports); assumes office in January of 2012; places Chief on Administrative Leave; in April, orders police department to investigate allegations regarding his property located in Umatilla County -- Oregon. 6

7 Feed the birds. Supreme Court says... Pamphlet was circulated by an unknown person or persons and drew attention to allegedly false statements by Sun, including that he was a personal physician to Henry Kissinger and President Eisenhower, that he owned a 700 acre ranch in Echo, Oregon, and that he was a nuclear physicist. Much of the pamphlet relate[d] to the ranch in Oregon, stating that the parcel was only 20 acres with a value of roughly $11,000 and that dead chickens and peacocks were visible on the property. Shortly after the pamphlet was circulated, Sun sent a letter to the acting chief of police d di i i i 7

8 Allegations made in anonymous flyers distributed in town included a photo showing where dead peacocks were supposedly observed on the property. Supreme Court says... Far from inquiring into another person's possible misuse of city resources, Sun himself sought to misuse city resources by demanding that police investigate his opponents' concerns and his own personal concerns. The role of local police is to serve the city, not to investigate the Umatilla County sheriffs department and conduct polygraphs of the mayor's opponents, especially as there appears to be no basis for his suspicion that city resources were used to create the pamphlet. Accordingly, this charge is factually sufficient [to support 8

9 Sent Loudermill letters alleging police committed mutiny Fired the Chief. 9

10 CSC modified discipline, imposed 30 day suspension, ordered immediate reinstatement. Mayor never appealed to Superior Court. CSC found Mayor s decision was for political reasons. History repeats itself. (and Honest Abe s words help frame the issue) 10

11 How many legs does a dog have if you call the tail a leg? Four. Calling a tail a leg doesn t make it a leg. 11

12 Mayor removes the Chief and Lieutenant claiming they are on Administrative Leave for no detailed reason. Reasons for removal Undefined report of citizen complaint. To conduct an investigation (never initiated). To protect the two employees from a death threat against them. Mayor insisted that his actions were not disciplinary, but administrative. But. Media reports announced the mayor was hiring a new chief. 12

13 Civil Service Rule Rules defined Suspension to include circumstances presented by the Mayor s attempt to place covered employees on an indefinite, unexplained removal from duties, with or without pay, whether labelled Administrative Leave or any other term of art. Remember: A dog still has just four legs even if you call his tail a leg. Credibility?!? 13

14 911 Commission ordered immediate reinstatement. 14

15 Mayor refused, and told employees they would be insubordinate if they complied with the CSC s reinstatement order. You can choose to remain in your job and I will return all of your city property and activate your computer account, if you tell me now that is what you want to do, however please know that I will consider this to be an act of insubordination. Memo from the Mayor to Lieutenant Massey, after Commission ordered his reinstatement. 15

16 Commission initiated lawsuit, seeking Writ of Mandate Case law was so old we were concerned a judge might sneeze when opening the books. Civil Service Commission has a duty to enforce state and local civil service laws It shall be the duty of the commission to begin and conduct all civil suits which may be necessary for the proper enforcement of this chapter and of the rules of the commission. The commission shall be represented in such suits by the chief legal officer of the city, but said commission may in any case be represented by special counsel appointed by it. RCW ; RCW ; RCW 16

17 Mandatory duty of all local officials and employees It shall be the duty of all officers and employees of any such city to aid in all proper ways of carrying out the provisions of this chapter, and such rules and regulations as may, from time to time, be prescribed by the commission thereunder and to afford the commission, its members and employees, all reasonable facilities and assistance to inspect all books, papers, documents and accounts applying or in any way appertaining to any and all offices, places, positions and employments, subject to civil service, and also to produce said books, papers, documents and accounts, and attend and testify, whenever required so to do by the commission or any commissioner. RCW ; see also RCW and RCW Mandatory duty of an appointing authority Civil Service orders and findings shall be forthwith enforced by the appointing authority after the Commission concludes an appeal. RCW

18 Who Interprets Civil Service rules? The interpretation of Civil Service Commission Rules is left to the Commission, not the Mayor or administrative staff. Crippen v. City of Bellevue, 61 Wn. App. 251 (Div. 1, 1991)(Civil Service Commission s interpretation of Civil Service law is entitled to deference by a court). City of Yakima v. Yakima Police & Fire CSC, Local civil service rules are not limited to items specifically listed in state 29 Wn.App. 756 (1981). statutes that address disciplinary actions that result in a loss of pay. Written reprimand can be covered as well. By limiting a Commission s authority to strictly matters covered by state statutes, the court would remove from the Commission the ability to substantially accomplish that which the legislature mandated by state civil service law a system based on merit 18

19 Writ granted Judge amended proposed order to include strict language requiring return of equipment needed to perform duties, threatened contempt of court if order was violated. The same afternoon, the Mayor complied. weeks later... Voters cast their ballots and recalled the Mayor by a 2 to 1 margin. New mayor has started the healing process. Police department is filling vacant positions. There is more peace in the valley. 19

20 Time for a fresh start. 20