ORDINANCE NO. 119554
AN ORDINANCE submitting a proposition to the qualified electors of the City, at the general election to be held on November 2, 1999, to amend Article XVI, Sections 5 and 6 of the Charter of the City of Seattle to allow the Civil Service Commission, under certain circumstances, to select a temporary Commission member in a manner to be established by ordinance, and so that if the commission fails to timely decide an appeal the decision, if any, of the hearing examiner shall be sustained; ratifying and confirming prior acts; calling on the City Clerk to certify the proposed amendments to the Director of the Department of Records and Elections of King County and directing such Director to submit the proposition to City voters; and providing for the publication of such proposed amendments.
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. Subject to the approval of a proposition by a majority of the qualified electors casting votes thereon, Sections 5 and 6 of Article XVI of the Charter of the City of Seattle are amended as follows:
ARTICLE XVI Personnel System and Civil Service
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Sec. 5. CIVIL SERVICE COMMISSION: There shall be an independent three-member Civil Service Commission to hear appeals involving the administration of the personnel system.
The Commission may also submit to the Mayor and the City Council such recommendations concerning the personnel system as it deems appropriate.
The members of the Civil Service Commission shall serve staggered three-year terms. One member shall be selected by the Mayor, one by the City Council, and one member shall be elected by the civil service employees; all members shall be removed only for cause by their selecting authority. The manner of election and removal of the member representing the civil service employees shall be as provided by ordinance. 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.
Sec. 6. CIVIL SERVICE APPEALS PROCESS: The Commission shall establish rules for its own operation. The Commission shall have the power to administer oaths, issue subpoenas, receive relevant evidence, compel the production of documents, question witnesses at hearings which it conducts, and issue such remedial orders as it deems appropriate. In any appeal involving a disciplinary action, the employee shall have the right to cross-examine witnesses, and to ask for the attendance of witnesses and production of relevant evidence. In all cases the appellant or the official whose action is challenged shall have the right to a public hearing and to be represented by a person of his or her choice.
The Commission may delegate to one or more Hearing Examiners any of its powers, but a decision by a Hearing Examiner may be appealed to the Commission by either party. A record of the proceedings shall be made. Neither the Personnel Director, nor his or her staff, shall serve as Hearing Examiner or staff for the Commission.
Hearings shall be conducted on a timely basis and decisions rendered within ninety days after the hearing is completed. If the Commission fails to decide an appeal within ninety days, unless the appellant consents to an extension, the ((appeal)) decision, if any, of the Hearing Examiner shall be sustained.
No person shall be entitled to appeal to the Civil Service Commission if the subject of the appeal has previously been the subject of binding arbitration under a labor contract.
Section 2. The King County Director of Records and Elections, as ex officio supervisor of elections, is hereby directed to submit to the qualified electors of the City the proposition set forth below at the City general election on November 2, 1999.
The City Clerk is hereby authorized and directed to certify the proposition to the King County Director of Records and Elections in the following form:
Proposed City Charter Amendment No. ____
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?
Yes ____ No ____
Every qualified voter at the election desiring to ratify the proposition shall mark his or her ballot "Yes." Every qualified voter desiring to reject the proposition shall mark his or her ballot "No."
Section 3. The City Clerk shall certify to the Director of the Department of Records and Elections of King County as Supervisor of Elections the charter amendments proposed herein in the form of a ballot title conforming to the foregoing statement of the same, and shall certify a copy of the proposed charter amendments, and the same shall be published by the City Clerk in two daily newspapers in the City for at least thirty (30) days prior to such election, and as required by RCW 35.22.170.
Section 4. Certification of the charter amendments proposed herein by the City Clerk to the Director of Records and Elections and any other act pursuant to the authority and prior to the effective date of this ordinance is hereby ratified and confirmed.
Section 5. This ordinance shall take effect and be in force immediately upon approval by the Mayor or, if not approved and returned by the Mayor within ten (10) days after presentation, then on the eleventh (11th) day after its presentation to the Mayor or, if vetoed by the Mayor, then immediately upon its passage over his veto.
Passed by the City Council the 19 day of July, 1999, and signed by me in open session in authentication of its passage this 19 day of July, 1999.
Sue Donaldson, President of the City Council
Approved by me this 19 day of July, 1999.
Paul Schell, Mayor
Filed by me this 23 day of July, 1999.
Ernie Dornfeld, Acting City Clerk
Filed by me this 26 day of July, 1999.
(Seal)