Civil Service Terms of Office

UPDATE, Wednesday July 16, 8 am: Proof once again that I should check my facts. I apologize for not clarifying this before I posted this first discussion. Mayor Everding has responded with this information about who he appointed to the civil service commission :

Connie 2 yrs
Bill 4 yrs
Jon 6 yrs
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Mayor Everding has apparently appointed Bill Walker to a 6 year term on the civil service commission, Jon Anderson to 4 years and Connie Maglione to 2 years.

Commissioners are to be appointed to 6 year terms, but since this is the first set of commissioners, the staggered terms are needed. Former Mayor Transue had appointed three members, but without the staggered terms. It appears Everding has re-appointed Anderson and Maglione with the above terms, and his new appointment (Walker) to the longest term.

Few issues have generated as much comment on this blog as the previous post about Bill Walker's appointment. I found this comment especially interesting. I've confirmed the RCW quote is correct, but not researched the court cases listed. Perhaps some of these issues will be raised or questions asked at the meeting tomorrow night. ~ Karen

These are things that "Wild Bill" will be able to do in his position as Civil Service Commissioner; Discharge "for cause" any civil service employee ~

What is "for cause"? Each of the three civil service statutes sets out grounds for discharge, reductions or deprivation of privilege, which include:
(1) Incompetency, inefficiency or inattention to or dereliction of duty;
(2) Dishonesty, intemperance, immoral conduct, insubordination, discourteous treatment of the public or a fellow employee, or any other act of omission or commission tending to injure the public service; or any other willful failure on the part of the employee to properly conduct himself; or any willful violation of civil service statutes, rules, or regulations;
(3) Mental or physical unfitness for the position which the employee holds;
(4) Dishonest, disgraceful, immoral or prejudicial conduct;
(5) Drunkenness or use of intoxicating liquors, narcotics, or any other habit forming drug, liquid or preparation to such extent the use interferes with the efficiency or mental or physical fitness of the employee, or which precludes the employee from properly performing the functions and duties of any position under civil service;
(6) Conviction of a felony, or a misdemeanor, involving moral turpitude;
(7) Any other act or failure to act which in the judgment of the civil service commissioners is sufficient to show the offender to be an unsuitable and unfit person to be employed in the public service. See RCW §§ 41.08.080, 41.12.080, and 41.14.110.

The courts have given guidance, construing several of the terms set out in the above statutory excerpt. In Eiden v. Snohomish Civil Service Commission, 13 Wn. App. 32 (1975), for example, the court concluded a sheriff deputy who had jokingly answered the phone using another deputy's name was not "incompetent," as he otherwise performed his duties.

The court, quoting from a Florida decision, offered the following definition for the term "incompetent": "Incompetency as a ground for suspension and removal has reference to any physical, moral or intellectual quality, the lack of which incapacitate[s] one to perform the duties of his office. Incompetency may arise from gross ignorance of official duties or gross carelessness in the discharge of them. It may also arise from lack of judgment and discretion or from a serious physical or mental effect not present at the time of election, though we do not imply that all physical and mental defects so arising would give ground for suspension."

In Nickerson v. Anacortes, 45 Wn. App. 432, 725 P.2d 1027 (1986) the court upheld a decision of the civil service commission that held the possession and use of marijuana constituted "for cause."

The court in Danielson v. Seattle, 45 Wn. App. 235, 724 P.2d 1115 (1986) upheld a determination by the civil service commission that a police officer, who unlawfully used a credit card of another, was properly discharged for incompetency, insubordination, and conduct unbecoming a police officer.

Reference Sources
Statutes Court Decisions

Should our commissioners be less then whom they are judging?

UPDATE, 7:50 pm: Someone has commented that I should check the references, specifically the terms of service. I'm happy to do so. Below is the RCW reference on that issue and I have asked for an official response on the terms of office for the Ruston commissioners from Mayor Everding. Information can sometimes be slow in coming, but I'll post that response as soon as I get it. ~ Karen

There is hereby created in every city, town or municipality except those referred to in RCW 41.12.010, having fully paid police officers a civil service commission which shall be composed of three persons.

The members of such commission shall be appointed by the person or group of persons who, acting singly or in conjunction, as a mayor, city manager, council, common council, commission, or otherwise, is or are vested by law with the power and authority to select, appoint, or employ the chief of a police department in any such city, prior to the enactment of this chapter. The members of such commission shall serve without compensation. No person shall be appointed a member of such commission who is not a citizen of the United States, a resident of such city for at least three years immediately preceding such appointment, and an elector of the county wherein he or she resides. The term of office of such commissioners shall be for six years, except that the first three members of such commission shall be appointed for different terms, as follows: One to serve for a period of two years, one to serve for a period of four years, and one to serve for a period of six years. Any member of such commission may be removed from office for incompetency, incompatibility or dereliction of duty, or malfeasance in office, or other good cause: PROVIDED, HOWEVER, That no member of the commission shall be removed until charges have been preferred, in writing, due notice and a full hearing had. The members of such commission shall devote due time and attention to the performance of the duties hereinafter specified and imposed upon them by this chapter. Two members of such commission shall constitute a quorum and the votes of any two members of such commission concurring shall be sufficient for the decision of all matters and the transaction of all business to be decided or transacted by the commission under or by virtue of the provisions of this chapter. Confirmation of said appointment or appointments of commissioners by any legislative body shall not be required. At the time of any appointment not more than two commissioners shall be adherents of the same political party.
[2007 c 218 § 11; 1937 c 13 § 3; RRS § 9558a-3.]