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A. Immediately after appointment, the commission shall organize by electing one of its members chairperson and hold regular meetings at least once a month, and such additional meetings as may be required for the proper discharge of their duties. It shall be the duty of the civil service commission:

1. To make suitable rules and regulations to implement this chapter which are not inconsistent with the provisions thereof. Such rules and regulations shall provide in detail the manner in which examinations may be held, and appointments, promotions, transfers, reinstatements, demotions, suspensions and discharges shall be made. The rules and regulations and any amendments thereof shall be reproduced for free public distribution;

2. All tests shall be practical and shall consist only of subjects which will fairly determine the capacity of persons examined to perform duties of the position to which appointment is to be made, and may include tests of physical fitness and/or of manual skill;

3. The commission is hereby authorized to extend the following credits and preference to applicants: The rules and regulations adopted by the commission shall provide for a credit in favor of all applicants for appointment under civil service who, in time of war or any expedition of the Armed Forces of the United States, have served in and have been honorably discharged from the Armed Services of the United States, including the Army, Navy and Marine Corps and the American Red Cross. These credits shall apply to entrance examinations only and shall conform to the provisions of state and federal law;

4. The commission shall make investigations concerning and report upon all matters touching the enforcement and effect of the provisions of this chapter, and the rules and regulations prescribed hereunder; inspect all institutions, departments, offices, places, positions and employments affected by this chapter; and ascertain whether this chapter and all such rules and regulations are being obeyed;

5. Such investigations may be made by the commission, by any commissioner designated by the commission for that purpose or by counsel or investigator referred by the commission. Not only must these investigations be made by the commission as aforesaid, but the commission must make like investigation on petition of a citizen, duly verified, stating that irregularities or abuses exist, or setting forth in concise language, in writing, the necessity for such investigation. In the course of such investigation, the commission, or designated commissioner or chief examiner, shall have the power to administer oaths, subpoena and require the attendance of witnesses and the production by them of books, papers, documents and accounts appertaining to the investigation and also to cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the superior court, and the oaths administered by a superior court judge in his judicial capacity; and the failure upon the part of any person so subpoenaed to comply with the provisions of this section shall be deemed a violation of this chapter and punishable as such;

6. All hearings and investigations before the commission, or designated commissioner or hearing officer, shall be governed by this chapter and by rules of practice and procedure to be adopted by the commission, and in the conduct thereof neither the commission nor designated commissioner shall be bound by the technical rules of evidence. No informality in any proceedings or hearing, or in the manner of taking testimony before the commission or designated commissioner, shall invalidate any order, decision, rule or regulation made, approved or confirmed by the commission; provided, however, that no order, decision, rule or regulation made by any designated commissioner conducting any hearing or investigation alone shall be of any force or effect whatsoever unless and until concurred in by at least one of the other two members;

7. To hear and determine appeals or complaints respecting the administrative work of the personnel department, appeals upon the allocation of positions, the rejection of an examination and such other matters as may be referred to the commission pursuant to the duties outlined in subsection (A)(1) of this section;

8. Establish and maintain in card or other suitable form a roster of employees covered by civil service;

9. Provide for, formulate and hold competitive tests to determine the relative qualifications of persons who seek employment in any class or position and as a result thereof establish eligible lists for the various classes of positions as established by the city, and to provide that employees laid off because of curtailment of expenditures, reduction in force, and for like cause head the list in the order of their seniority, to the end that they shall be the first to be reemployed;

10. When a vacant position is to be filled, to certify to the appointing authority, on written request, the names of the five persons highest on the eligible list for the class. If there are no such lists, the commission shall make provision in their rules for provisional or temporary appointments for such positions. A provisional appointment shall not exceed a period of four months in duration but may be extended an additional period or periods if for any reason it cannot be determined at the expiration of the initial appointment that the position being filled by temporary or provisional appointment will in fact be vacant, such as in the instance of a position vacant due to an officer on disability leave under the LEOFF Act, or for other good cause which in the discretion of the commission warrants an additional extension of such a provisional or temporary appointment. No person shall serve more than one provisional appointment in any twelve-month period. Temporary employment shall also be limited or governed by the collective bargaining agreement covering any position;

11. Keep such records as may be necessary for the proper administration of this chapter.

B. The commission shall appoint a secretary/chief examiner. It may either designate a staff member from the city’s personnel department or may contract with funds provided by the city with an independent contractor to fill the position. Nothing in this section shall require hiring under civil service procedures to fill these positions nor extend civil service protection to those persons designated or contracted to serve. The commission may also contract for the services of legal counsel, a hearing officer or a continuous or subscription testing service. (Ord. 017/2019 § 7)