Seattle Police Officers' Guild v. City of Seattle
Seattle Police Officers' Guild v. City of Seattle
Opinion of the Court
The Seattle Police Officers’ Guild sued the City of Seattle to challenge the transfer of several functions from the Public Safety Civil Service Commission to the City’s director of personnel.
Part of the purpose of chapter 41.12 RCW is to ensure that an independent body protects police department employees from potential prejudices of their employer. We conclude that Seattle’s revision of its public safety civil service system strips the civil service commission of the independence envisioned by the legislature in enacting chapter 41.12 RCW. Therefore, the resulting system does not substantially accomplish the purpose of chapter 41.12 RCW. We reverse the grant of summary judgment to the City and remand for the trial court to grant partial summary judgment to the Guild consistent with this opinion.
The City of Seattle’s Ordinance 120658 amended Seattle Municipal Code (SMC) 4.04, Personnel Regulations, and SMC 4.08, Public Safety Civil Service.
In 1935 and 1937, the legislature required cities to provide civil service rights for fire and police department employees.
Many cities have simply adopted the procedures and policies in chapter 41.12 RCW.
The Purpose of Chapter 41.12 RCW
In Reynolds v. Kirkland Police Commission,
After a complete reading of RCW chapter 41.12 (Laws of 1937, chapter 13, p. 23), we are of the opinion that its purpose is to establish a civil service system to (1) provide for promotion on the basis of merit, (2) give police officers tenure, and (3) provide for a civil service commission to administer the system and to investigate, by public hearing, removals, suspensions, demotions, and discharges by the appointing power to determine whether such action was or was not made for political or*457 religious reasons and whether it was or was not made in good faith for cause.[10 ]
The City argues that in City of Yakima v. International Association of Fire Fighters,
The court in Yakima was referring to Bellingham Firefighters Local 106 v. City of Bellingham.
The City argues that prohibiting the director of personnel from administering the system would be contrary to RCW 41.12.010, which allows for some measure of discretion on the part of local governments. In Bellingham, the court agreed that chapter 41.08 RCW “intended to allow cities and towns a local option as to methods and techniques and as to the many recognized and acceptable methods of setting up a civil service system to substantially accomplish the purpose of civil service.”
In Bellingham, the court upheld an ordinance which allowed the City’s civil service commission to certify the top
Based on these cases, the City argues that it is within its discretion to transfer powers away from the civil service commission to an executive officer of the City because the legislature did not specify which powers the civil service commission must retain, and the City also points out that other safeguards protect the employees. For example, the civil service commission will retain its appellate power, and employees will receive some protection through collective bargaining.
But these safeguards do not provide the same level of protection to employees afforded by an independent civil service commission. Although currently constrained by other ordinances, the director of personnel would still have the power to adopt the rules for examination, classification, eligibility, preparation of registers, certification, and appointments. An executive officer of the City with the power to adopt the rules cannot substantially accomplish the purpose of chapter 41.12 RCW because a fundamental purpose of the chapter is to provide for an independent body to protect police officers. The City’s director of personnel is not independent.
To ensure substantial independence on the part of the civil service commission, the legislature set forth specific attributes of the commissioners, as members of the administrating body.
Because the ordinance contains a severability provision, it is necessary to determine which portions of the ordinance cannot survive. The City persuasively argues that many of the changes are ministerial, and would not cause the civil service system to fail to substantially accomplish the purpose of chapter 41.12 RCW.
Although the Reynolds court specified that the civil service commission should retain the power to administer, it did not define “administer.”
We reverse the order granting summary judgment to the City and remand to the trial court to grant partial summary judgment to the Guild consistent with this opinion. To do so, the trial court must cull the portions of the ordinance that transferred ministerial tasks to the director of personnel from those portions that transferred substantive powers to the director. For example, record keeping is likely a ministerial task that the City may transfer, while rule making is not. Only those portions of the ordinance that transfer substantive powers to the director should be stricken.
Reversed and remanded.
Kennedy and Becker, JJ., concur.
City of Seattle Ordinance 120658 (Nov. 30, 2001).
City of Seattle Ordinance 120658 (Nov. 30, 2001).
City of Seattle Ordinance 120658 (Nov. 30, 2001).
Seattle Police Officers Guild v. City of Seattle, 113 Wn. App. 431, 434, 53 P.3d 1036 (2002), review granted, 149 Wn.2d 1009 (2003); see also Int’l Ass’n of Fire Fighters, AFL-CIO, Local 404 v. City of Walla Walla, 90 Wn.2d 828, 830, 586 P.2d
Seattle Police, 113 Wn. App. at 434.
Seattle Police, 113 Wn. App. at 438 n.3.
Seattle Police, 113 Wn. App. at 434.
Seattle Police, 113 Wn. App. at 434 (quoting RCW 41.12.010).
62 Wn.2d 720, 384 P.2d 819 (1963).
Reynolds, 62 Wn.2d at 725.
117 Wn.2d 655, 818 P.2d 1076 (1991).
Yakima, 117 Wn.2d at 665 (quoting Bellingham Firefighters Local 106 v. City of Bellingham, 15 Wn. App. 662, 665, 551 P.2d 142 (1976)).
15 Wn. App. 662, 551 P.2d 142 (1976).
Bellingham, 15 Wn. App. at 665-66.
Yakima, 117 Wn.2d at 664-65.
Bellingham, 15 Wn. App. at 666.
Bellingham, 15 Wn. App. at 666.
90 Wn.2d 828, 586 P.2d 479 (1978).
Walla Walla, 90 Wn.2d at 832.
Yakima, 117 Wn.2d at 664.
Yakima, 117 Wn.2d at 665.
RCW 41.12.030.
RCW 41.12.030.
Reynolds, 62 Wn.2d at 725.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.