Civil Service

---

Overview

Courts have declared that “the fundamental purpose of civil service laws is to require public officials to hire, promote and discharge employees based on merit rather than political affiliation, religion, favoritism or race.” See City of Yakima v. Intl. Ass’n of Firefighters (1991).

State civil service laws prevent political favoritism and protect public employees from pressure to support political candidates. They also ensure firefighters and law enforcement officers are hired and promoted fairly based on merit, and only disciplined or discharged for cause.

This page focuses primarily on state civil service laws, but state law also provides that cities and towns (but not counties) can also adopt their own rules and regulations that “substantially accomplish” the purposes of state civil service law.  Accordingly, city and town civil service authorities may vary. See Vahle v. City of Lakewood (2020). 

For more information on local civil service regulation (including examples of local civil service rules), see the “Local Civil Service Rules” section of this page.

In addition, provisions in collective bargaining agreements (CBAs) related to hiring, promotion, discipline, discharge, and other civil service matters generally prevail over civil service statutes and commission rules to the extent they conflict. See RCW 41.56.905 and Spokane and Spokane Police Guild vs. Spokane Civil Service Commission (1999).

---

When Is Civil Service Required?

State civil service laws apply to public safety employees (police officers, deputy sheriffs and firefighters). The requirements specific to each employee type are summarized below.

Firefighters

Chapter 41.08 RCW requires civil service in cities or towns that employ any full-time paid firefighters, but cities and towns can remove fire chiefs appointed after July 1, 1987 from civil service by council or commission vote.  See RCW 41.08.050 and 41.12.050.

Fire protection districts may (but are not required to) provide civil service for their fully-paid firefighters. See RCW 52.30.040 and Roberts v. Clark County Fire Protection Dist. (1986). Fire protection districts that adopt civil service requirements may later dissolve their civil service system if their board of fire commissioners adopts a resolution to dissolve the system, and a majority of the district’s civil service employees votes to dissolve the system within 60 days of the resolution’s adoption. See RCW 52.30.040(2).

City and Town Police

Chapter 41.12 RCW requires civil service in cities and towns with at least 3 full-time paid police officers (including the police chief). Part-time reserve police officers are excluded from civil service. See Teamsters v. City of Moses Lake (1993). Cities can also exclude the chief from civil service if they have six or more full-time officers (including the chief). If the chief is excluded, the police department can also exclude an additional number of other positions from civil service (the precise additional number depends on the total number of department personnel). See RCW 41.12.050(2).

County Sheriff

Chapter 41.14 RCW requires civil service in each county sheriff’s office, but the sheriff and certain “unclassified positions” can be excluded from civil service by county council or commission vote. See RCW 41.14.070.

---

Civil Service Commission Creation and Operation

State civil service laws require cities and counties with civil service employees to create three-member civil service commissions. See RCW 41.08.030, 41.12.030, and 41.14.030. Jurisdictions can create a single commission to deal with both police and fire employees. Counties with populations below 40,000 may also join to create a combined civil service commission to serve the joined counties. See RCW 41.14.040.

Commissioner Appointments

In cities and towns, civil service commissioner appointments are made by the authority that appoints the police or fire chief (usually the mayor, city manager, or city council).

In counties, the board of county commissioners appoints civil service commissioners. These appointments require no confirmation.

Commissioner Membership Requirements

Each commission member must be a U.S. citizen and an elector of their county of residence. An "elector" is a U.S. citizen, aged 18 years or older, who is a resident of the county and precinct where they vote. See Washington State Constitution Article VI, Section 1. In addition, no more than two commission members may be "adherents to the same political party" when appointed. But one commentator has noted that this political party limitation is legally questionable and is regularly ignored in any case.

Appointees to city or town civil service commissions must reside in their city or town of service for at least three years before their appointment. County commission appointees must reside in their county of service for at least two years before their appointment. Members of a combined county commission need only meet the residency requirements for one of the combined counties.

Compensation

Commissioners serve without compensation, but may have their expenses reimbursed.

Terms of Office

To avoid all civil service commissioner terms expiring simultaneously, the initially appointed commissioners serve staggered terms of two, four, and six years. Thereafter, appointed commissioners serve six-year terms. 

Commissioners may also be removed for incompetence, incompatibility, dereliction of duty, malfeasance, or "other good cause" following notice and a hearing.

---

Commission Duties

The civil service commission's duties include:

• Making rules for operation of the civil service system that are consistent with state law;
• Giving practical tests to determine the capacity of persons examined to perform duties of the position sought;
• Conducting investigations and preparing reports;
• Hearing and determining appeals or complaints;
• Providing for, developing, and holding competitive tests to determine relative qualifications of candidates, and, as result of the testing process, prepare eligibility lists;
• Certifying to the appointing authority the name (or names) of the individual(s) ranked highest on the eligibility list;
• Keeping records; and
• Approving payrolls.

See RCW 41.08.040, 41.08.120, 41.12.040, 41.12.120, 41.14.060, and 41.14.150.

Commission Meetings

Civil service commissions must elect one of their members as a meeting chair and meet at least monthly. See RCW 41.08.040, 41.12.040 and 41.14.050. 

The city, town, or county that establishes the civil service commission must provide "suitable and convenient rooms and accommodations” for commission meetings that are  “furnished, heated, lighted and supplied." See RCW 41.08.180, 41.12.180, and 41.14.200.

---

Secretary and Chief Examiner Appointment and Duties

Once a civil service commission is created, its members appoint a secretary and chief examiner to “keep the records for the commission, preserve all reports made to it, superintend and keep a record of all examinations held under its direction, and perform such other duties as the commission may prescribe.” See RCW 41.12.040.

Examination to Appoint Secretary

City and town commissions appoint their secretary/chief examiners through competitive examinations. Commissions can open these examination to all city or town citizens, or limit them to current employees in the police, fire, or other departments. See RCW 41.08.040 and 41.12.040.

County commissions must open this examination to all qualified county citizens, but the selected appointee may not be a sheriff’s department employee. See RCW 41.14.050.

Secretary/Chief Examiner Residency Requirement

State law conflicts on whether commission secretaries/chief examiners must reside within their city or town of service. On one hand, as noted above, commissions can open their examinations for these positions to “all city or town residents,” suggesting a residency requirement. On the other hand, RCW 41.08.075 (for fire employees) and RCW 41.12.075 (for city police) both explicitly state that city or town residence cannot be a requirement for any civil service “office, place, position or employment.” 

Addressing this apparent conflict, the Attorney General opined that city and town commissions can impose residency requirements for secretary/chief examiner applicants. This was because language in these two RCWs mentioned above was “not intended to cover the entire subject matter or to supersede the long-existing residency requirement for non-promotional applicants for the secretary/chief examiner position.” See AGO 1989 No. 20.

In any event, city or town local civil service rules could probably eliminate residency requirements since their regulations need only "substantially accomplish the purpose" of the state civil service laws. See RCW 41.08.010 and 41.12.010. 

However, county statutes are less flexible, and it is likely that county secretary and chief examiners must be county residents as RCW 41.14.010 requires. See also Deputy Sheriff's Guild v. Comm'rs (1979).

Duties

The secretary and chief examiner:

• Keeps the commission's records and preserves its reports;
• Supervises and keeps records of all examinations; and
• Performs other duties as requested by the commission.

In some jurisdictions, an existing employee, such as the human resources director, performs the duties of secretary and chief examiner.

---

Examination and Eligibility Registers

One of the civil service commission's more important duties is conducting competitive examinations to determine the "merit, efficiency and fitness" of applicants for appointment or promotion to civil service positions.

Qualifications of Applicants

Applicants for appointment to any civil service position must be U.S. citizens, lawful permanent residents, or Deferred Action for Childhood Arrivals (DACA) recipients who can speak, read, and write in English. City or town applicants must also "be of an age suitable for the position applied for, in ordinary good health, of good moral character and of temperate and industrious habits." See RCW 41.08.070, 41.12.070, and 41.14.100.

For law enforcement positions, agencies can reject applications that otherwise meet the above criteria if they lack the resources (materials, funding, and staff time) to conduct the background investigation required by chapter 43.101 RCW.

Examination Requirements

Civil service examinations must be practical and consist only of subjects that will fairly determine a candidate’s capacity to perform the duties of the position sought. Examinations may include physical fitness and manual skill tests. See RCW 41.08.040(2), RCW 41.12.040 (2), and RCW 41.14.060(2).

State law does not otherwise dictate required civil service testing, and the court in O'Brien v. Civil Service Commission (1976) concluded that commissions have broad discretion in determining examination content and subjects.

In addition, commissions do not necessarily test all candidates at the same time, and they sometimes wait until the position’s appointing authority is actually ready to make an appointment before giving higher-ranked candidates "final" and often more costly tests (such as drug, psychological, and polygraph tests).

Eligibility List

Once tested, passing candidates are ranked by exam score on an eligibility list that the appointing authority uses to make appointments or promotions.

---

Veteran’s Scoring Criteria Status

Veterans who pass civil service examinations are given a "scoring criteria status" (formerly termed a "preference") in their exam result. "Veteran" is defined at RCW 41.04.005.

What Is a Veteran's Scoring Criteria Status?

A scoring criteria status is the addition of a certain percentage to the "passing mark, grade or rating" that a veteran receives on any competitive civil service examination. See RCW 41.04.010.

The added percentage varies depending on the veteran’s service details and is based "upon a possible rating of one hundred points as perfect." To illustrate, a veteran entitled to a 10% scoring criteria who receives a passing civil service exam score of 80 points out of a possible 100  would receive an additional eight points to make their total exam score 88 points.

When Can Veterans Claim a Scoring Criteria Status?

Veterans can only claim an exam scoring criteria status if they have been released from active military service with a qualifying discharge, or if they have received a U.S. Department of Defense discharge document (such as DD Form 214, NGB form 22, or equivalent or successor paperwork) that characterizes their discharge as qualifying. “Qualifying discharge” is defined in RCW 73.04.005. 

Beyond this base eligibility requirement, veterans must meet at least one of the following four categories to receive a scoring criteria status: 

1. Veterans who served during a period of war or in an armed conflict that do not receive military retirement. Veterans in this category receive a 10% scoring criteria added to their passing mark, grade, or rating on a competitive exam. Veterans cannot claim this scoring criteria status in promotional exams, and the status only applies until the veteran’s first appointment, meaning that once a veteran gets a civil service job with the benefit of this 10% scoring criteria status, they cannot use it to obtain another job—even with another agency.  See AGO 1974 No. 22.

MRSC has taken the position that this “first appointment” limitation does not apply to similar exam scoring criteria that veterans receive or use for employment in other states.

Note that the status requires service during a "period of war" which RCW 41.04.005 defines to include:

• The Korean conflict.
• The Vietnam era, which means:
  • The period beginning on February 28, 1961, and ending on May 7, 1975, in the case of a veteran who served in the Republic of Vietnam during that period;
  • The period beginning August 5, 1964, and ending on May 7, 1975.
• The Persian Gulf War, which was the period beginning August 2, 1990, and ending on February 28, 1991, or ending on November 30, 1995, if the participant was awarded a campaign badge or medal for such period.
• The period beginning on the date of any future declaration of war by Congress and ending on the date prescribed by presidential proclamation or concurrent resolution of Congress.
• Any "armed conflicts," if the participant was awarded the respective campaign badge or medal, or if the service was such that a campaign badge or medal would have been awarded, except that the member already received a campaign badge or medal for a prior deployment during that same conflict.
• Service in a period of war does not require service in a combat zone or hostile environment—it is sufficient if a veteran simply serves in the armed forces during such a period (in addition to receiving no military retirement).

2. Veterans who did not serve during a period of war or who are receiving military retirement. This category includes entitles applicable veterans to a 5% scoring criteria status. Like the first category, veterans can only claim it until their first appointment, and they may not use it in any promotional exam.

3. Peacetime veterans and others who have fulfilled their military service obligations. This category of veterans receives a 5% scoring criteria status that applies until the veteran's first employment, and it cannot be used in a promotional examination. Qualifying veterans in this category include:

• A member in any branch of the armed forces of the United States, including the national guard and armed forces reserves, who has fulfilled their initial military service obligation;
• A member of the women's air forces service pilots;
• A member of the armed forces reserves, national guard, or coast guard, and has been called into federal service by a presidential select reserve call up for at least one hundred eighty cumulative days;
• A civil service crewmember with service aboard a U.S. army transport service or U.S. naval transportation service vessel in oceangoing service from December 7, 1941, through December 31, 1946; or
• A member of the Philippine armed forces/scouts during the period of armed conflict from December 7, 1941, through August 15, 1945.

4. Veterans who were called to active military service from employment with a city or county or other political subdivision. This category receives a 5% scoring criteria status that is added to promotional examinations until the first promotion only. Note that the Uniformed Services Employment and Re-employment Rights Act (38 U.S.C. §4301, et. seq.) also protects this category of veterans on their return to employment from military duty. 

Are There Procedural Requirements for Implementing the Veterans’ Scoring Criteria Status?

No—RCW 41.04.010  imposes no specific procedural requirements for implementing the veterans’ scoring criteria status, and eligible veterans are entitled to the scoring criteria status regardless of whether the civil service rules in individual jurisdictions provide for it. However, MRSC recommends that employment applications include applicable questions related to military service that enable veterans to claim the appropriate scoring criteria on civil service exams.

Are There Time Limitations to Claim Veteran’s Scoring Criteria Status?

There is no time limit on when veterans may claim the scoring criteria status. 

Other Optional Scoring Advantages

Hiring agencies also have the option to add additional preference points to the exam scores of civil service examinees in the following categories:

• 10% for fluency in two or more languages other than English;
• 5% for fluency in one language other than English;
• 5% to a candidate with two or more years’ professional or volunteer experience in mental or behavioral health care, homelessness, or domestic violence prevention programs, the Peace Corps or AmeriCorps, or similar; and
• 5% to candidates holding an associate degree or higher in the arts or sciences.
• An examinee’s total exam preference points under the above categories cannot exceed 15% of their passing exam mark, grade, or rating (based on a possible 100% perfect score). Examinees can only claim these preferences until their first appointment to a civil service position, and they cannot use them in promotional examinations. See RCW 41.04.012.

---

Vacancy and Appointment Process

If a civil service position becomes vacant (or a jurisdiction adds a new position), the appointing authority (i.e. the mayor, city manager, or county sheriff with the consent of county commissioners) must request ("requisition") the names and addresses of eligible appointees from the civil service commission. See RCW 41.08.100, 41.12.100, and 41.14.130. The commission’s response depends on whether it serves a county, or a city or town. 

Statutes require city and town commissions to certify the top candidate to the appointing authority (this is sometimes called the “Rule of One”). See RCW 41.08.100 and 41.12.100.  Nonetheless, some cities and towns adopt local rules requiring their commissions to certify the top three (or five) candidates (a "Rule of Three" or “Rule of Five”). Courts have upheld such local rules as "substantially accomplishing" civil service purposes. See Firefighters v. Walla Walla (1978) and the “Local Civil Service Rules” section below.

County commissions must certify the top five sheriff department candidates to the appointing authority (the “Rule of Five”). See RCW 41.14.130.

Sometimes there is no eligible appointee list for a class of civil service position to be filled. In those instances, the civil service commission certifies the person (or persons) ranked highest on the "list held appropriate” for the class.

---

Temporary or Provisional Appointments

Civil service appointments can also be temporary or provisional when there is no eligible appointee list for a class of position to be filled. Such temporary or provisional appointments “shall not continue for a period longer than four months,” and no person shall “receive more than one provisional appointment” in any one fiscal year. See RCW 41.08.040(9) and 41.12.040(9). 

County temporary appointments likewise cannot exceed four months. However, counties can extend temporary appointments for up to one year if they continue to advertise and test for the position. If fewer than three persons are on the position’s eligible list after one year, the appointing authority may fill the position with any person on the list. See RCW 41.14.060(7). 

Despite the above, local civil service rules in some cities and towns allow for longer temporary appointments and/or for extensions to temporary appointments. Such practices can likely be justified if the local rules "substantially accomplish" the statutory requirements for civil service.

Unlike cities and towns, counties have much less flexibility in altering their statutory limitations.

---

Probationary Period for Appointees

Civil service appointments are not complete (and appointees do not receive all civil service protections) until the appointee completes a probationary period.

Purpose of Probationary Periods

Probationary periods allow the employer to train the appointee and determine whether they their ability to perform the position’s duties.

How Long Is the Probationary Period?

For counties, the probationary period is one year. See RCW 41.14.130.

For cities and towns, the probationary period is three to six months. See RCW 41.08.100 and 41.12.100. But as with other civil service requirements, some cities or towns have established longer probationary periods. For example, the City of Westport adopted a one-year probationary period to give supervisors more time to judge appointees (especially during summer months when tourism increases the city's population and the police department's workload). See Arbogast v. Westport (1977) and Samuels v. Lake Stevens (1988). These local variances can be justified if they "substantially accomplish" civil service purposes.

Can Probationary Employees Be Discharged?

While a person who has completed probation can only be discharged from their position "for cause," agencies can discharge appointees on probation for virtually any reason (other than a discriminatory or other inappropriate reason).

---

Disciplinary Actions and Discharges

Unlike "at will" employees, civil service employees have certain job protections—they may only be removed, suspended, demoted, or discharged "for cause," and then only after receiving a written accusation setting out disciplinary grounds in general terms. See RCW  41.08.090,  41.12.090, and 41.14.120.

Investigation/Hearing

If an accused employee objects or disagrees with a disciplinary action, they may demand a civil service investigation in writing. The “investigation” is essentially a hearing for the commission to determine solely whether the employer’s disciplinary decision was unmotivated by politics or religion and made “in good faith for cause.” 

Civil service statutes set forth the grounds for discipline that constitute “cause.” They include:

• Incompetency, inefficiency, or inattention to or dereliction of duty;
• Dishonesty, intemperance, immoral conduct, insubordination, discourteous treatment of the public or a fellow employee, or any other act of omission or commission tending to injure the public service; or any other willful failure on the part of the employee to properly conduct themselves; or any willful violation of civil service statutes, rules, or regulations;
• Mental or physical unfitness for the position which the employee holds;
• Dishonest, disgraceful, immoral or prejudicial conduct;
• Drunkenness or use of intoxicating liquors, narcotics, or any other habit forming drug, liquid or preparation to such extent the use interferes with the efficiency or mental or physical fitness of the employee, or which precludes the employee from properly performing the functions and duties of any position under civil service;
• Conviction of a felony, or a misdemeanor, involving moral turpitude; and/or
• Any other act or failure to act which in the judgment of the civil service commissioners is sufficient to show the offender to be an unsuitable and unfit person to be employed in the public service.

See RCW 41.08.080, 41.12.080, and 41.14.110.

The employee must file their written hearing/investigation demand with the commission within ten days of the employment action. The commission must then schedule a public hearing to decide the above investigation questions. See RCW 41.08.090, 41.12.090, and 41.14.120. County commissions should conduct the required hearing within 30 days of receiving an employee’s demand.

After the hearing the commission issues a written determination affirming, reversing, or modifying the employment action. County commissions that serve sheriff’s departments must issue this determination within ten days of completing the hearing. See RCW 41.14.120.

---

Local Civil Service Rules

As noted above, cities and towns (but not counties) have the option to adopt their own civil service rules and regulations in lieu of following state civil service laws. These local rules will be upheld if they "substantially accomplish" the purpose of the state provisions.  See RCW 41.08.010 and RCW 41.12.010.

These model rules are an excellent resource that has undoubtedly served as the basis for the local civil service rules in many cities and towns: Model Civil Service Rules for Washington Local Governments (2006 with 2008 update), by P. Stephen DiJulio, Foster Pepper PLLC. 

Note also that other employee systems are governed by local rules, ordinances, or charters that do not necessarily follow the state civil service laws.

Examples of Local Civil Service Rules

Rules for Public Safety Employees Only

• Battle Ground Civil Service Rules (2024)
• Des Moines Civil Service Commission Rules and Regulations (2015)
• Kelso Civil Service Rules and Regulations (2023)
• Spokane County Rules and Regulations of the Spokane County Civil Service Commission (2024)
• Wenatchee Civil Service Commission General Rules and Regulations (2025)

Comprehensive Rules Including Public Safety Employees

• Bellingham Civil Service Rules (2023)
• Olympia Civil Service Commission Rules and Regulations (2019)
• Yakima City Civil Service Rules and Regulations (2016)