Civil Service Rules Of The City of Everett. Adopted July 31, 1974

Civil Service Rules Of The City of Everett Adopted July 31, 1974 Revised January 25, 2018

Table Of Contents Chapter 1 Rules Of The Civil Service Commission 1.10 Power to adopt rules 6 1.11 Rule changes 6 1.12 Most current rules apply 6 1.20 Adoption of rules 6 1.21 Regular meetings 6 1.22 Special meetings 6 1.23 Proposal of new rules or amendments 6 1.24 Meeting agendas 6 1.30 Amendment of rules 6 1.40 Power to interpret rules 6 1.41 Intention of rules 7 1.50 Rules in effect 7 1.60 Probation period 7 Chapter 2 Original Appointments 2.10 Validity of original appointments eligibility list 8 2.11 Ranking of eligible applicants 8 2.12 Open/Continuous examinations 8 2.13 Removal of name from open/competitive register 8 2.17 Job restructuring 8 2.21 Regular appointment 9 2.22 Dissatisfaction during probationary period 9 2.23 Original appointment not made regular 9 2.24 Fire department eligibility in case of layoff 9 2.25 When original appointment is not made regular 9 2.30 Vacancy in uniformed service: disability leave 9 2.40 Vacancy in uniformed service: disability retirement 9 2.50 Termination in probationary period 10 2.51 Completion of probationary period 10 2.52 Credited time 10 2.53 Probationary periods for police officers 10 2.54 Probationary periods for firefighters 10 2.55 Probationary period for Water Treatment/Water Pollution Control 10 Operator-in-Training 2.56 Probationary period for records information specialist 10 2.57 Probationary period for engineering technician trainee 10 2.58 Probationary period for electronics technician trainee 10 2.60 Vacancy of appealing employee 10 2.70 Reentering service 10 Page 2

Chapter 3 Promotional Appointments 3.10 Validity of promotional appointments 11 3.11 Ranking of eligible applicants 11 3.15 In-grade promotions 11 3.20 Probationary period 11 3.21 Regular appointment 11 3.22 No promotional appointment due to demotion or layoff 11 3.24 Promotional appointment not made regular 11 3.30 Vacancy in uniformed service: disability leave 11 3.40 Vacancy in uniformed service: disability retirement 12 3.50 Reduction in rank 12 3.51 Completion of probationary period 12 3.52 Credited time 12 3.60 Vacancy of appealing employee 12 3.70 Reentering service 12 Chapter 4 Examination 4.10 Open examinations 13 4.20 Approval of eligibility list 13 4.30 Preparation of examinations 13 4.31 Delegation of duties drafting test questions 13 4.40 Total passing score 13 4.41 Lowering required score 13 4.45 Recruitment and applications 13 4.46 Allowing for cancellation of test 13 4.50 Call for applicants 14 4.51 Applications 14 4.52 Receipting applications for certain tests 14 4.53 Minimum age: fire and police departments 14 4.60 Veteran's credit 14 4.61 Time-in-service extra credit: open/competitive, open/ continuous, 14 and in-house competitive examinations 4.70 Time-in-service extra credit: promotional examinations 15 4.71 Time-in-service extra credit: fire and police departments 15 promotional examinations 4.72 4.73 Disputes Regarding Time-in-service Extra Credit Reestablishing a list 15 15 4.73 (a) Firefighter Supplemental List 16 4.80 Time-in-service 16 4.81 Time-in-service: police department 16 4.82 Time-in-service: fire department 17 4.83 (a) Grievances on irregularities: executive session 17 4.83 (b) Challenges of substantial effect: public hearings 17 4.84 Notification of scores 18 Page 3

Chapter 5 Suspension, Termination and Reduction In Rank 5.10 Suspension, termination, reduction: made for cause 19 5.20 Causes for suspension, termination or reduction in rank 19 5.30 Commission determines causes for termination 19 5.40 Notification to employee of suspension, termination or reduction in rank 19 Chapter 6 Hearings 6.10 Filing of notice of appeal 20 6.20 Setting of hearing date after appeal is filed 20 6.21 Notification to employees of hearing 20 6.22 Public hearings 20 6.23 Commission rendering decision 20 6.24 Reason for decision 20 6.30 City presents evidence 20 6.31 Admission of evidence 20 6.32 Appeal evidence considered by Commission 20 6.33 Parties right to cross examine 20 6.40 Admitting facts 20 6.43 Duties of Commission 20 6.50 Terms of hearing examiner 21 6.51 Duties of hearing examiner 21 6.52 Hearing examiner: application of rules 21 6.53 Hearing examiner: filing decision with Commission 21 6.54 File petition for reconsideration with Commission 21 6.60 File petition in court of law 21 Chapter 7 Definitions 7.10 Acting appointment 23 7.11 Applicant 23 7.12 Appointive officer 23 7.13 Certification 23 7.14 Class 23 7.15 Classification 23 7.16 Day laborer 23 7.17 Eligibility list 23 7.18 Layoff 24 Page 4

7.19 Merit 24 7.20 Open/competitive examination 24 7.21 Open/continuous examination 24 7.22 In-house/competitive examination 24 7.23 Position 24 7.24 Probationary employee 24 7.25 Promotion 24 7.26 7.27 7.28 7.29 Promotional examination Reduction in rank Regular Appointment, Regular Employee Suspension 24 24 25 25 Page 5

Chapter 1 RULES OF THE CIVIL SERVICE COMMISSION 1.10 - Power to adopt rules. The Civil Service Commission of the City of Everett has been delegated the power to adopt rules and regulations by Section 8.3 of the Everett City Charter and Section 3 of Ordinance No. 1069-84 of the City of Everett. (rev 1/89) 1.11 - Rule changes. Section 8.5 of the Everett City Charter provides that the rules and regulations of the Civil Service Commission of Everett existing at the time of the adoption of the Charter shall continue to exist under the Charter until or unless changed by or pursuant to the Charter, State Law or ordinance of the Commission. 1.12 - Most current rules apply. Rules adopted pursuant to the Charter, Ordinance No. 1069-84 and these rules shall supersede previously existing rules and regulations of the Civil Service Commission of Everett. (rev 1/89) 1.20 - Adoption of rules. Rules of the Everett Civil Service Commission shall be adopted by a majority vote of the members of the Commission at any regular or special meeting of the Everett Civil Service Commission. 1.21 - Regular meetings. Regular meetings of the Everett Civil Service Commission shall be held on the fourth Thursday of each month at 10:00 a.m. in the Everett City Hall Council Chambers. In the event that the fourth Thursday of any given month falls on a holiday designated for City staff, the Commission meeting will be held on the third Thursday of that month at 10:00 a.m. in the Everett City Hall Council Chambers. (rev 7/99) 1.22 - Special Meetings. Special meetings of the Everett Civil Service Commission may be held at such times and places as may be determined from time to time by the Commission. When the determination to hold a special meeting is made, only those matters for which the meeting was called shall be considered by the Commission at such special meeting. 1.23 - Proposal of new rules or amendments. The Commission or any member thereof may propose a rule or amendment to a rule at any time; however, all other persons must submit any proposed rule or amendment to a rule to the Secretary of the Commission at least one week in advance of the meeting at which such person desires to have such proposal considered by the Commission. 1.24 - Meeting agendas. Copies of Commission meeting agendas shall be sent to all members of the Commission and delegates of bargaining units at least three days prior to the meeting. (rev 7/2010) 1.30 - Amendment of rules. The rules of the Everett Civil Service Commission may be amended in the same manner as adopting a rule. 1.40 - Power to interpret rules. The Everett Civil Service Commission has the power to interpret its rules. Page 6

1.41 - Intention of rules. The rules of the Everett Civil Service Commission are intended to apply only to those cases which are clearly determined by said rules, and the Everett Civil Service Commission may apply such principles as it deems desirable in determining cases which are not clearly determined by rules adopted by the Commission. 1.50 - Rules in effect. Rules in effect at the time of any event being considered by the Commission shall be applied to such event. 1.60 - Probation period. All Civil Service employees hired from open/competitive, open/continuous, in-house/competitive, or promotional eligible registers, will require a period of probationary employment. (rev 1/2012) Page 7

Chapter 2 ORIGINAL APPOINTMENTS 2.10 - Validity of original appointments eligibility list. Original appointments shall be made from eligibility lists which shall be valid for a period of either one (1) or two (2) calendar years from the date of certification by the Civil Service Commission. The period for which the said eligibility lists shall be valid shall be determined at the time that the Call For Applicants is approved, based upon the joint recommendation of the (1) appropriate department head, (2) union representative, and (3) the personnel representative. In the case of open/continuous examinations, the score earned shall be good for one year. (rev 5/80) 2.11 - Ranking of eligible applicants. Original eligibility lists rank the eligible applicants on the basis of ratings resulting from an entrance examination, except that any regular employee who is eligible may be considered for the position without taking said examination. On open/continuous examinations, the eligibility list will be updated at periodic intervals. The scores will be merged by score rank, with the highest being first irrespective of the date achieved. The date of the score will be added so that no score will remain for more than twelve (12) months. (rev 5/2014) 2.12 Open/continuous exams. No applicant who is already ranked on a current open/continuous eligibility register is allowed to retake an open/continuous examination for a period of twelve (12) months unless stated otherwise on the Call for Applicants. (rev 11/17) 2.13 Removal of names from non-promotional eligible registers. The Human Resources Manager/Chief Examiner may at any time remove the name of a candidate from non-promotional eligible registers for any one or more of the following causes: 1. Failure to pass the drug test screen, a pre-placement medical evaluation, or a background check. 2. A written request from the candidate that his/her name be removed. 3. If not appointed from an eligible register after certification three times to the same appointing authority. However, when applicants from the same non-promotional register are certified to several divisions/departments for hiring consideration, the following shall apply: an applicant not appointed after certification three times to the same appointing authority shall remain on the register, but that hiring authority shall receive the next name on the register as replacement following appropriate documentation from the department. 4. Failure of the applicant to respond after at least three attempts to contact the applicant when supported by appropriate documentation by the department. (rev 4/2017) 2.17 - Job restructuring. An entrance level position may be job restructured for the purposes of underfilling it for training target persons with disabilities. The job tasks are broken down so that an intense program of on-the-job training (OJT) combined with classroom training will yield a fully qualified candidate at the end of training. When such programs are approved by the Civil Service Commission, there will be competition at the beginning for the target job, but permanent appointment at the entry level could be made at the end of training with no further competition. (new 9/81) Page 8

2.21 Regular appointment. If an original appointment becomes regular, the employee receiving the appointment shall no longer be on the eligibility list, but shall thereafter be eligible for the position to which he/she has been regularly appointed, unless he/she is removed from a Civil Service position for cause or voluntarily separates from employment. (rev 5/2014) 2.22 - Dissatisfaction during probationary period. If an original appointment is not made regular because of the department's dissatisfaction with the employee's performance during the probationary period, the employee shall be terminated and shall no longer be on the eligibility list for the position. (rev 5/2014) 2.23 - Original appointment not made regular. With the exception of fire department personnel, if an original appointment is not made regular due to a layoff, the laid-off employee shall be returned to the top of the eligibility list for the position from which she/he was hired as though she/he had never received appointment to the position. If more than one employee is returned to the eligibility list due to a layoff, the last person laid off shall be highest on the list. The laid-off employee can remain eligible for additional years by notifying the human resources department prior to the end of each additional year of his/her interest to return to City employment and updating address, phone number and other personal information. In the event a rehire eligible register is in existence as a result of a reduction in force for an AFSCME represented classification, the hiring department will hire the most senior individual on the rehire eligible register to fill a vacant position in the classification, so long as that individual meets the minimum qualifications for the classification. Such rehire eligible registers shall supersede any other eligible registers in existence for the vacant classification. (rev 5/2014) 2.24 - Fire department eligibility in case of layoff. Laid-off fire department personnel shall remain eligible until they have been given the opportunity to return to the position from which they were laid-off. 2.25 - When eligible appointment is not made regular. If an original appointment is not made regular for reasons other than those specifically enumerated in Section 2.22, 2.23 or 2.24, the employee shall not become a regular employee eligible for the position but he/she shall remain on the eligibility list as though he/she had never received an appointment to the position. (rev 5/2014) 2.30 - Vacancy in uniformed service: disability leave. If a position in the uniformed service of the City becomes vacant because the employee holding the position is on disability leave, the position shall only be filled by making an acting or temporary appointment, unless it appears to the Commission that the employee who is on disability leave will not be able to perform the duties of the position for a period in excess of six months. 2.40 - Vacancy in uniformed service: disability retirement. If a position in the uniformed service of the City becomes vacant because the employee holding the position receives a disability retirement, the position shall be filled by a regular appointment, unless it appears to the Commission that the employee vacating the position will be able to perform the duties of the position in less than six months. (rev 5/2014) Page 9

2.50 - Termination in probation period. Unless otherwise specified elsewhere in these rules, all periods of probation associated with original appointments shall be for six (6) months. At any time during the probation period, an employee may be terminated, without cause, if the department is dissatisfied with the employee's performance or, for any reason, initiates a reduction in force. Such action is not subject to appeal for determination of cause. 2.51 - Completion of probationary period. If no action is taken to terminate an employee during the probationary period, the employee shall be deemed to have satisfactorily completed the probation period and shall be granted a regular appointment. (rev 5/2014) 2.52 - Credited time. If an employee's appointment to a position is an acting or temporary appointment, the time during which the employee performs the duties of the position in an acting or temporary capacity shall not be credited towards the employee's completion of a later probationary period for an equivalent position. 2.53 - Probationary periods for police officers. The probationary period for police officer trainee shall be twelve (12) months from the date of commission as a sworn, City of Everett Police Officer. The probationary period for lateral entry police officer shall be twelve (12) months from the date of commission as a sworn, City of Everett Police Officer. (rev 4/06) 2.54 - Probationary periods for firefighters. A firefighters probationary period shall be twelve (12) months. (rev 9/94) 2.55 - Probationary period for Water Treatment/Water Pollution Control Operator-in- Training. The probationary period for Water Treatment/Water Pollution Control Operator-in- Training shall be twelve (12) months. (rev 4/06) 2.56 - Probationary period for records information specialist. The probationary period for records information specialist shall be nine (9) months. (rev 8/89) 2.57 - Probationary period for engineering technician trainee. The probationary period for engineering technician trainee shall be twelve (12) months. (new 01/91) 2.58 - Probationary period for electronics technician trainee. The probationary period for electronics technician trainee shall be twelve (12) months. (new 11/91) 2.60 - Vacancy of appealing employee. If a position is vacated by reduction in rank, suspension or termination of the employee holding the position and employee appeals the reduction in rank, suspension or termination to the Civil Service Commission, the vacancy may only be filled by an acting or temporary appointment, subject to the rules set forth in this Chapter and in Ordinance 1069-84. (rev 1/89) 2.70 - Reentering service. Any person in the employ of the City, under Civil Service rules, who separates himself/herself from such service will be entitled to no privileges upon seeking to reenter the service, except such as allowed applicants for original entrance. Page 10

Chapter 3 PROMOTIONAL APPOINTMENTS 3.10 - Validity of promotional appointments. Promotional appointments shall be made from promotional eligibility lists which shall be valid for two (2) or three (3) calendar years from the date they are certified by the Civil Service Commission. (rev 7/92) 3.11 - Ranking of eligible applicants. Promotional eligibility lists rank the eligible employees on the basis of ratings resulting from a promotional examination, experience and record, except that any employee who is eligible for the position for which the list has been certified may be considered for the position without taking the promotional examination. Whenever identical ratings result, seniority shall be the deciding factor in determining the ranking of eligible employees. (rev 5/2014) 3.15 - In-grade promotions. An in-grade promotion may take place at the completion of an approved training program from the trainee class to the skilled class for which one was being trained, provided the trainee class was filled by open competition. An approved training program must be at least one year in length with an established curriculum to be covered and include formal evaluations at each training milestone. (new 7/81) 3.20 - Probationary period. A promotional appointment shall not be regular until a probationary period has been successfully completed; but when the probationary period has been successfully completed, a promotional appointment shall be regular. (rev 5/2014) 3.21 - Regular appointment. If a promotional appointment becomes regular, the employee receiving the appointment shall no longer be on the eligibility list, but he/she shall thereafter be eligible for the position to which the employee has been regularly appointed, unless he/she is removed from the position for cause or voluntarily separates from employment. (rev 5/2014) 3.22 - No Promotional appointment due to demotion or layoff. If a promotional appointment is not made regular due to demotion caused by a layoff prior to demotion, or as a result of a demotion necessitated by the return to duty of an employee formerly on disability leave and/or retirement from such position, the employee shall be returned to the top of the eligibility list for the employee s current position as though the employee had never received an appointment to that position. If more than one employee is returned to the eligibility list due to such demotion, the last person so demoted shall be the highest on the list. These demoted employee(s) returned to the eligibility list shall then remain eligible for promotion to the position for eighteen (18) months or when the list expires, whichever is longer. (rev 5/2014) 3.24 - Promotional appointment not made regular. If a promotional appointment is not made regular for reasons other than those specifically enumerated in 3.22, the employee shall not be eligible for the position but he shall remain on the eligibility list as though he had never received an appointment to the position. (rev 5/2014) 3.30 - Vacancy in uniformed service: disability leave. If a position in the uniformed service of the City becomes vacant because the employee holding the position is on disability leave, the position shall only be filled by making an action or temporary appointment. (rev 4/83) Page 11

3.40 - Vacancy in uniformed service: disability retirement. If a position in the uniformed service of the City becomes vacant following the termination of a disability leave, a regular appointment shall be made subject to successful completion of the required probationary period. (rev 5/2014) 3.50 - Reduction in rank. A probationary period of six months shall commence on the effective date of an employee's promotional appointment. At any time during the probationary period, an appointed employee may be reduced in rank to his/her last held regular position if the department is dissatisfied with his/her performance of the duties of his/her position. (rev 5/2014) 3.51 - Completion of probationary period. If no action is taken to reduce the rank of the probationary employee during the six-month probation and the employee holds the position for six months, the employee shall be deemed to have satisfactorily completed the probationary period. 3.52 - Credited time. If an employee's appointment to a position is an acting or temporary appointment, the time during which the employee performs the duties of the position shall not be credited towards the employee's completion of a later probationary period for an equivalent position. 3.60 - Vacancy of appealing employee. If a position is vacated by reduction in rank, suspension or termination of the employee holding the position and the employee appeals the reduction in rank, suspension or termination to the Civil Service Commission, the vacancy may only be filled by an acting or temporary appointment, subject to the rules set forth in this Chapter and in Ordinance No. 1069-84. (rev 1/89) 3.70 - Reentering service. Any person in the employ of the City, under Civil Service Rules, who separates himself/herself from such service will be entitled to no privileges upon seeking to reenter the service except as allowed applicants for original entrance. Page 12

Chapter 4 EXAMINATION 4.10 - Open examinations. All examinations shall be open and competitive as to the applicant's fitness for the position. The Commission may direct that the examination for particular entry-level positions be given on an open and continuous basis as appropriate. (rev 5/2014) 4.20 - Approval of eligibility list. In all cases, the Commission will not approve an eligibility list resulting from an examination unless it has given its prior approval of the procedure used in the examination. 4.30 - Preparation of examinations. The Chief Examiner shall supervise, direct, and delegate where necessary the preparation and administration of all civil service examinations, under the general direction and approval of the Everett Civil Service Commission (rev 4/09). 4.31 - Delegation of duties drafting test questions. The secretary of the Civil Service Commission, may, at his/her discretion, delegate the drafting of the test questions to such qualified and unbiased consultants as he/she deems advisable. 4.40 - Total passing score. The chief examiner shall superintend preparation of all examinations so that all aspects thereof are related to the skill, knowledge and abilities required of the job classification for which the examination is being given. The chief examiner shall establish a passing point for each such examination which will best predict the minimum required proficiency for all eligible applicants for the job classification for which the examination is being given. All examinations shall be validated by the chief secretary/examiner as to job relatedness and the passing point for required minimum proficiency. (rev 7/80) Each examination shall be constructed and scored in such manner as to permit the ranking in numerical order of all candidates passing same. (rev 7/80) 4.41 - Lowering required score. The Commission may adjust the score required to pass the examination if it determines that a different score reflects the minimum ability of the examinee required to perform the duties of the position being examined for. (rev 7/80) 4.45 - Recruitment and applications. Public announcement for all examinations shall be conspicuously posted in the Human Resources Office for a minimum of two weeks prior to the final filing date. In the case of open/continuous examinations, the announcement must be posted for two weeks before the first of the series of periodic testings. In the case of promotional exams in the police and fire departments, announcements shall be conspicuously posted for a minimum of four weeks. Should the need for a longer filing period arise, a Human Resources representative, department representative and the union representative shall meet prior to the Call for Applicants to determine the length of the filing period. Announcements may be posted elsewhere and copies shall be sent to interested applicants upon their request and to each labor organization recognized by the City. Other appropriate forms of public notice may be used to attract qualified applicants. (rev 7/2010) 4.46 - Allowing for cancellation of test. In the event that the period for filing for an open/competitive, open/continuous, in-house/competitive, or promotional examination has elapsed without yielding three or more qualified applicants, the chief examiner may, with the Page 13

concurrence of the appropriate department head, cancel any previously scheduled and/or announced examination process or portions thereof. In the event that no part of the examination process has been either announced or scheduled, the chief examiner may direct that no part of the process be initiated until the current Call for Applicants is extended or reissued in accordance with the provisions of these rules (4.45 or 4.50). (rev 1/2012) In the event that one or more parts of the examination have been previously scheduled, a reasonable effort shall be made to notify all qualified applicants of such cancellation of the examination series. In the event that the time period between the closing date for filing and the date of the first scheduled test session is less than five (5) calendar days, a reasonable effort shall be made to notify applicants of the cancellation decision expeditiously by the most practical means available. (rev 7/2010). 4.50 - Call for applicants. Call for Applicants to take examinations shall be reviewed and approved by the Commission prior to being posted. 4.51 - Applications. Applications to take examinations shall be made in such form as determined by the Commission, and applicants shall submit such information as is called for on such forms. 4.52 - Receipting applications for certain tests. Prior to initiating an open/competitive, open/continuous, in-house/competitive, or promotional call for applicants, the chief examiner may, as deemed appropriate, authorize the issuance of receipts for completed applications. In the event that such action is initiated, it shall be subjected to the following conditions: a) Announcement of availability of such receipts shall be included in the Call for Applicants for the examination. b) Such announcement shall clearly state that receipts will be available only for properly completed applications submitted in person by the applicants, themselves, prior to the announced closing date as set forth on the Call for Applicants. c) Additionally, such announcement shall clearly state that it is the responsibility of the applicant to request issuance of a receipt at the time of delivery of the application to the Personnel Office. In the event that application receipts for a particular examination series are made available in accordance with the above terms, presentation of a signed copy of such application bearing a Personnel date stamp or the original date stamped receipt shall become for all purposes the only acceptable verification of application for the examination process. (rev 1/2012) 4.53 - Minimum age: fire and police departments. The minimum age requirement for police and fire positions shall be 21 years of age. 4.60 - Veterans credit. The Veterans credit shall be applied in accordance with RCW 41.04.010, as amended. (rev 08/2010) 4.61 -Time-in-service extra credit: open/competitive, open/continuous, and inhouse/competitive examinations. In open/competitive, open/continuous, and inhouse/competitive examinations, extra credit for time-in-service with the City shall be granted to those with work experience with the City of Everett in seasonal and day laborer positions, regular full-time positions, and regular part-time positions. Extra credit shall be received only after receiving a passing grade on all parts of the examination process. Extra credit shall be received at Page 14

the rate of 1% of the final composite grade for each year of service to a maximum of 5%. Such credit will be pro-rated according to the number of hours worked based on a full-time yearly total of 2080 hours. Such credit shall only be granted on examinations for which the employee has time in service with the City in the same or similar job classification for which the examination is being conducted. Such credit will be computed for each portion of a year completed at the rate of 1/12 of 1% (.083%) of the final composite grade for each full month completed prior to the closing date for applications to take the examination. (rev 5/2014) 4.70 Time-in-service extra credit: promotional examinations. Except as specified in Civil Service Rule No. 4.71, extra credit in promotional examinations shall be granted for time in the service of the City that is directly related to classification for which the examination is being conducted. Such credit shall be received by all civil service employees except as specified in Rule 4.71 herein below, only for the first ten (10) years of related continuous service, and only after receiving passing grades on all parts of the examination process. Such credit shall be granted in the form of final composite grade points and one such point shall be awarded for each year of service to a maximum of ten (10) points. Furthermore, such credit will be computed for each portion of a year completed at the rate of 1/12 (.083) of one point for each full month completed prior to the announced closing date for applications to take the promotional examination. (rev 11/2013) 4.71 Time-in-service extra credit: fire and police departments promotional examinations. Employees applying for examinations in the classifications covered in Civil Service Rules 4.81 and 4.82 receiving passing grades on all parts of the examination process shall receive as extra credit for time in service with their respective departments, 1/2 (.5) of a final composite grade point for each full year of related continuous service. This extra credit shall be computed for each portion of a year completed at the rate of 1/24 (.04166) of one point for each full month completed prior to the announced closing date for applications to take that promotional examination. For employees of the fire department as defined in Civil Service Rule 4.82, there shall be no limit to the accrual of such credit. For employees of the police department as covered in Civil Service Rule 4.81, such credit shall be awarded for each year of service to a maximum of ten (10) points. (rev 11/2013) 4.72 - Disputes regarding time-in-service extra credit. The chief examiner will determine whether prior time in service extra credit is applicable in all examinations being conducted. In the event of a dispute as to whether or not time-in-service extra credit is applicable in a particular situation, including without limitation whether a job classification is related to the examination that is being conducted, the chief examiner shall prepare an evaluation and recommendation which shall be forwarded to the Civil Service Commission. The Commission, after hearing from all interest parties, shall conduct a review and make a determination which shall be final and binding without right of further appeal. (rev 11/2013) 4.73 - Reestablishing list. Any City employee, with the exception of uniformed members of the police department, who remains on a promotional eligibility list at its expiration date or at the time the list is appended to a new eligibility register pursuant to section 5 of Ordinance No. 1872-92 shall have added to his/her final composite grade on the next examination given to reestablish that list, five percent (5%) of that final composite grade which was received by the employee on that previous promotional examination (e.g., an employee who remains on an expiring promotional list with a final composite grade of 80 would receive 5% of 80 (.05 x 80) or a total of four (4) final composite grade points to be added to the employee s final composite grade on the current Page 15

examination. Therefore, if the employee received a current final composite grade of 90, that employee s total plus extra credit would equal 90 + 4 or 94). (rev 5/00) a) Firefighter Supplemental List. Any employee who remains on a supplemental civil service promotional list at it s expiration date shall have added to his/her final composite grade on the next examination.0014 percentage points of the final composite grade which was received by the employee on his/her previous promotional examination for each month the supplemental list is valid, a maximum of five percent (5%) (e.g., an employee who remains on a supplemental civil service promotional list for 18 months and received a final composite grade of 80% on the previous promotional examination would have two (2) extra points added to the final composite grade of the current examination;.0014 x 18 x 80 =2). All calculations will be full months. Therefore, if an employee receives a final composite grade of 90% on the current examination the total score would be 90 + 2 or 92. (rev 12/02) 4.80 - Time-in-service. Completion of the probationary period in the lower classification, in which experience is required in order to compete in a promotional examination, shall be considered as being the time-in-service required to take the examination; however, longer periods of time-inservice required to have been completed prior to being eligible to receive an appointment to a promotional position. In all cases, other than police and fire service, such longer periods of timein-service shall be established by the Commission at the time the Call for Applicants for the position is approved by the Commission. 4.81 - Time-in-service: police department. The minimum periods of time-in-service required to be completed prior to participate and receive appointments to promotional classifications in the police service based upon the entry level classifications of police officer are as follows: Police Sergeant: 5 years of continuous service as a police officer with the Everett Police Department immediately preceding the expiration date of the existing eligible register. In accordance with Civil Service Rule 3.70, time in service prior to any separation of service shall not be considered. In the event the eligible register has expired prior to the closing date for accepting applications to apply for the Police Sergeant Promotional examination, the closing date shall be used to establish eligibility to participate in the examination process. (rev 09/08) Police Lieutenant: Completion of probation as a police sergeant with the Everett Police Department by the expiration of the existing eligible register is required for eligibility to participate in the police lieutenant promotional examination. In the event the eligible register has expired prior to the closing date for accepting applications to apply for the police lieutenant promotional examination, the closing date shall be used to establish eligibility to participate in the examination process. The minimum period of time-in-service required to be completed prior to being eligible to receive appointment to the police lieutenant classification is 2 (two) years as a police sergeant with the Everett Police Department. (rev 5/2014) Page 16

Police Captain: Completion of probation as a police lieutenant with the Everett Police Department by the expiration date of the existing eligible register is required for eligibility to participate in the police captain promotional examination. In the event the eligible register has expired prior to the closing date for accepting applications to apply for the police captain promotional examination, the closing date shall be used to establish eligibility to participate in the examination process. The minimum periods of time-in-service required to be completed prior to being eligible to receive appointments to the police captain classification is 2 (two) years as a police lieutenant with the Everett Police Department. 4.82 - Time-in-service: fire department. The minimum periods of time-in-service required to be completed prior to being eligible to take promotional examinations in the fire service, based upon the entry level classification of firefighters are as follows: (rev5/2014) Firefighter/Driver: Firefighter/EMTA: Firefighter/Paramedic: Fire Captain: Medical Services Officer Battalion Chief: 3 years of service as a firefighter 3 years of service as a firefighter Attainment of the rating of first class firefighter with 3 years of service in the City of Everett fire department; AND certification as a Washington State Emergency Medical Technician (Basic) OR Washington State Emergency Medical Technician/I.V. and Advanced Airway Technician 5 years with the fire department 4 years of service as an Everett Fire Department Paramedic 4 years of service as a captain, two of which must be line experience Fire Inspector: 3 years as a firefighter Assistant Fire Marshall: 1 year of service in the Fire Prevention Bureau as a Fire Inspector; or 2 years of service as a Captain; or hold a battalion chief appointment. 4.83(a) - Grievances on irregularities - executive sessions. Following the close of each examination, any applicant may, within five (5) calendar days thereafter, challenge the validity of the examination or any portion thereof, including specific questions, to the personnel department. The chief examiner has the authority to make adjustments or exceptions necessary to resolve any irregularities in the examination process or personnel administrative procedures. Any grievance submitted to the Commission on examination irregularities will be reviewed in a closed executive session with the chief examiner and the staff involved and the grieved individual(s) with their representative. The chief examiner and staff will be reviewed in terms of their performance against a representative sampling of similar activities, administrative procedures and their workload as a whole. The Commission, itself, will make no changes in the examination or the resulting employment list at these sessions. (rev 5/2014) 4.83(b) - Challenges of substantial effect - public hearings. Any challenges to the examination process shall be submitted within five (5) calendar days following examinations for public hearing to the Commission, and must be in terms of job relatedness of the examination, or to the personnel administrative procedures followed. The challenges must be specific and include a requested course of action. The alleged deficiencies must be shown to have a substantial effect in the final resulting employment (eligibility) list as a whole to be qualifying. The Chairperson, after consulting with the chief examiner and delegated challenge representative, will determine whether the challenge specifically meets the criteria to justify holding a public hearing. (rev 5/2014) Page 17

4.84 - Notification of scores. Upon completion of the grading of examinations of all applicants for any particular examination, the chief examiner shall prepare a proposed eligibility list ranking the applicants, in accordance with the Commission's rules, and shall send to each applicant a notice of his/her score, specifying the examination score and any additional points to be included in the final score, as applicable under current Commission rules. The notice will also indicate the ranking of the applicant on the proposed register. This notice shall be transmitted at least five (5) calendar days prior to the official certification date of said eligibility list. Each applicant shall also be notified, at the same time, of the proposed certification date of the eligibility list. Such notices shall be sent to the applicant on the basis of the contact information provided by the applicant, and the chief examiner shall certify to the Commission that such notices have been sent. (rev 4/2017) Page 18

Chapter 5 SUSPENSION, TERMINATION AND REDUCTION IN RANK 5.10 - Suspension, termination. reduction: made for cause. Suspensions, terminations, and reductions in rank of Civil Service employees shall only be made for cause. 5.20 - Causes for suspension, termination or reduction in rank. The following are examples of causes for suspension, termination or reduction in rank: a. Willfully submitting false information on an application for appointment or promotion. b. Cheating while taking a Civil Service examination. c. Incompetency. d. Inefficiency. e. Insubordination. f. Dishonesty. g. Neglect of duty. h. Unauthorized absences. i. Intoxication, while on duty. j. Conviction of a felony deemed to jeopardize the public trust. k. Disorderly conduct. l. Negligent or willful damage to public property or waste of public property. m. Discourteous treatment of the public or other City employees. n. Mental or physical inability to fulfill the duties of the position. o. Outside business activities or employment which conflict with or detract from performance of the employee's duties. 5.30 - Commission determines causes for termination. The Civil Service Commission shall determine the adequacy of causes for termination other than those specified in Rule 5.20. 5.40 - Notification to employee of suspension, termination or reduction in rank. At the time of the suspension, termination or reduction in rank, the City must notify the employee in writing of the cause for such suspension, termination or reduction in rank, and a copy of the written notice shall be sent to the Commission. Page 19

Chapter 6 HEARINGS 6.10 - Filing of notice of appeal. Any regular Civil Service employee who is suspended, terminated or reduced in rank may file an appeal with the Everett Civil Service Commission by filing a notice of appeal with the secretary of the Commission within ten (10) days after receiving notice of his/her suspension, termination or reduction in rank. (rev 5/2014) 6.20 - Setting of hearing date after appeal is filed. Within thirty (30) days after the notice of appeal is filed with the secretary of the Commission, the Commission shall hold a hearing to determine said appeal, and said hearing may be continued from time to time as deemed advisable by the Commission. 6.21 - Notification to employee of hearing. Notice of the time and place of the hearing shall be served on the appealing employee at least two working days prior to the hearing. 6.22 - Public hearings. All such hearings shall be public and the appealing employee shall have the right to be represented by legal counsel at such hearings. 6.23 - Commission rendering decision. The Commission shall render its decision in writing within five (5) days after the conclusion of such hearings, held by the Commission, and such decisions shall be final. 6.24 - Reason for decision. Decisions of the Commission shall be accompanied by the findings of fact and conclusions of the Commission. 6.30 - City presents evidence. In all hearings provided for in this Chapter, the City shall have the burden of showing by material and substantial evidence in view of the entire record at the hearing that the employee was suspended, terminated or reduced in rank for cause. 6.31 - Admission of evidence. The Commission will admit evidence which possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs, but the Commission may exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence and will give effect to the rules of privilege recognized by law. 6.32 - Appeal evidence considered by Commission. Only the evidence presented at the hearing will be considered by the Commission in determining an appeal. 6.33 - Parties right to cross-examine. Every party to an appeal shall have the right of crossexamination of the witnesses who testify and shall have the right to submit rebuttal evidence. 6.40 - Admitting facts. The Commission may take notice of judicially cognizable facts and, in addition, may take notice of general, technical or scientific facts within its specialized knowledge of employer-employee relationships. 6.43 - Duties of Commission. Except when the conduct of a hearing is delegated in a particular case to the hearing examiner, pursuant to Rule 6.50, the Commission shall (a) conduct the hearing; (b) administer oaths and affirmations, examine witnesses and receive evidence; (c) issue subpoena as provided by law; (d) rule upon offers of proof and receive evidence; (e) hold conferences for Page 20

the settlement or simplification of the issues; and (f) dispose of procedural requests for similar matters. 6.50 - Terms of hearing examiner. The Civil Service Commission may appoint for successive terms of two years a hearing examiner to preside over any hearing assigned by the Commission to said hearing examiner. 6.51 - Duties of hearing examiner. The hearing examiner shall (a) conduct the hearing; (b) administer oaths and affirmations, examine witnesses and receive evidence; (c) issue subpoenas as provided by law; (d) rule upon offers of proof and receive evidence; (e) hold conferences for the settlement or simplification of the issues; (f) dispose of procedural requests or similar matters; and (g) make recommended decisions pursuant to Rule 6.53. 6.52 - Hearing examiner: application of rules. In conducting hearings, the hearing examiner shall apply the same rules relating to conduct of the hearing as would be applied by the Civil Service Commission if it were conducting the hearing. 6.53 - Hearing examiner: filing decision with Commission. Within thirty (30) days after the close of the evidentiary portion of the hearing, the hearing examiner shall file with the Civil Service Commission written findings of fact, conclusions of law and his/her recommended decision. Within five (5) days thereafter, the Civil Service Commission shall, at the regular or special meeting, file its decision. The decision of the Civil Service Commission shall be considered final for purpose of review, except as otherwise provided in Rule 6.54 herein below. 6.54 - File petition for reconsideration with Commission. In any appeal heard by the hearing examiner, any person aggrieved by any decision of the Civil Service Commission may file a petition for reconsideration with the Commission. Such petition shall be filed within fifteen (15) days of the date of receipt of the Civil Service Commission's decision by the person aggrieved, and shall be accompanied by a transcript of the hearing which shall be furnished by the petitioner at his or her sole cost and expense. The petition shall contain all of the petitioner s arguments for reconsideration, and copies of the petition shall be served by certified mail, return receipt requested, upon all parties to the hearing. Upon receipt of the petition and transcript, the Commission shall, upon ten (10) days notice to the petitioner and all parties to the appeal, hold a regular or special meeting at which the Commission shall consider the petition and written arguments of all parties submitting the same to the Commission and shall determine whether to reconsider its decision for purposes of judicial review. If the Commission decides to reconsider its decision, it shall, at the meeting at which such decision is made, enter findings of facts, conclusions and its final decision, which for purposes of judicial review, shall be deemed to be the final decision of the Commission. 6.60 - File petition in court of law. Any person aggrieved by any final decision of the Commission may file a petition for review in an appropriate court of law. Such petition shall be filed within fifteen (15) days of the date of receipt of the Civil Service Commission's final decision. If the petition is granted, the court shall hear the matter without jury on the record of the hearing and the briefs of the parties. The Commission shall certify to said court so much of the record as the petitioner shall request, provided, however, petitioner shall make satisfactory arrangements, in advance, for payment of all expenses incurred in connection with the preparation and transmittal of said files and records. Any other interested party who deems any part of the files or records not already certified to the court to be material to the review, may request such portions of the files Page 21