Proposition 9
(Civil Service Commission: Temporary Members and Appeals)
Ballot Title
Shall the Seattle City Charter be amended to allow the Civil Service Commission, under certain circumstances, to select a temporary Commission member, and so that if the commission fails to timely decide an appeal the decision, if any, of the hearing examiner shall be sustained; and shall Article XVI, Sections 5 and 6 of said charter be amended accordingly?
Voter-Pamphlet Explanation
The Charter as it Exists Now
Article 16 of the Charter contains provisions relating to the City's personnel and civil service systems.
Section 5 of Article 16 establishes an independent three-member Civil Service Commission to hear appeals involving the administration of the personnel system, and specifies the manner in which commission members are selected and removed. However, this section contains no provisions that allow for the appointment of a temporary commissioner in cases where a commission member is unable to perform his or her duties. Among other things, this means that the inability of a commission member to participate in a decision potentially can create a situation in which 1-1 "tie" commission votes cannot be resolved.
Section 6 of Article 16 sets out the civil service appeals process. Among other things, that section states that civil service hearings are to be conducted on a timely basis, and decisions rendered within 90 days after the hearing is completed. The section also states that if the Civil Service Commission "fails to decide an [employee's] appeal within ninety days, unless the appellant consents to an extension, the appeal shall be sustained." This language has been interpreted to mean essentially that the employee who appeals will always prevail if the commission does not or cannot take timely action, unless the employee has agreed to an extension of time.
The Effect of the Proposition if Adopted
Section 5 of Article 16 would be amended to provide for the selection of a temporary Civil Service Commission member under certain circumstances. Specifically, language would be added as follows: "Should a member of the Commission be unable for any reason to perform any of his or her Commission duties, then the Commission may select a temporary member in a manner to be established by ordinance."
Section 6 of Article 16 would be amended to change the consequences in those cases where the Civil Service Commission does not or cannot decide an appeal within 90 days. Specifically, the sentence concerning those consequences would be changed to provide that if the Civil Service Commission "fails to decide an appeal within ninety days, unless the appellant consents to an extension, the decision, if any, of the Hearing Examiner shall be sustained."