3.72.030 Exceptions.
Notwithstanding anything in Chapters 41.08 and 41.12 RCW to the contrary:
A. In addition to any opportunity afforded the appointing authority to exercise a choice in the filling of a vacancy by the terms of Chapters 41.08 and 41.12 RCW, whenever requisition is made upon the commission for the names of persons eligible for appointment to any vacancy, the following will occur:
1. For original entry and lateral police officer and firefighter appointments the commission, instead of furnishing the name of the one person highest on any eligibility list, shall certify to the appointing authority the names of the five persons highest on such list if there are such persons available. The appointing authority shall forthwith appoint one of the certified persons to such vacant position.
2. For promotional appointments, the commission, instead of furnishing the name of the one person highest on any eligibility list, shall certify to the appointing authority the names of the three persons highest on such list, if there are such persons available. The appointing authority shall forthwith appoint one of the certified persons to such vacant position.
B. The chief of police shall have the complete discretion, not subject to civil service appeal, in:
1. The selection of any member of the police department to be assigned to a vacancy in the position of detective or juvenile officer, even though such position enjoys special compensation; provided, however, that such assignment shall in no case involve a decrease in salary or classification; and
2. Transfer of any member of the police department from the position of detective or juvenile officer; provided, however, that such transfer shall in no case involve a decrease in salary or classification, except the loss of any special compensation enjoyed by such position.
C. The civil service commission shall have the power to establish the length of time firefighters below the rank of chief and police officers below the rank of police major must serve on a probationary status and shall establish such length of time pursuant to its rules and regulations; provided, in no case shall the probationary time period determined by the civil service commission to apply to police department employees or fire department employees exceed one year.
D. Temporary or provisional appointments may continue for, but shall not exceed, six months. No person shall receive more than one temporary or provisional appointment or serve more than six months as either a temporary or provisional appointee in any one fiscal year. In addition, the appointing authority shall have the power in emergencies to appoint employees to fill vacant promotional positions in an acting capacity for the duration of the emergency. Such appointments shall be denominated “acting appointments” and shall not be included in determining the permissible number of, or period for, temporary or provisional appointments.
E. No acting appointments shall be continued and no person shall be employed in an acting position for more than the duration of the current certified civil service promotional list. Time served in a continuous acting capacity shall be credited towards the employee’s probationary period for the rank serviced in an acting capacity and shall be used in computing any privileges accruing under civil service law or these rules, if a vacancy occurs within the period that the acting member is assigned. The provisions of this subsection apply to fire department employees only. If this subsection conflicts with the provisions of any other subsection, the provisions of this subsection shall control. (Ord. 6455 § 3, 2019; Ord. 5687 § 1, 2006; Ord. 5471 § 1, 2003; Ord. 4514 § 3, 1993; Ord. 2448 § 3, 1977; Ord. 2062 §§ 1, 2, 1974; 1961 code § 3.72.030.)