Ordinance No. 2024-14 Approving the Rule of Five for Non-Promotional Positions (Approved 052824)4854-3757-1519, v. 1 Page 1 of 2
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ORDINANCE NO. 2024-14
AN ORDINANCE of the City of Bainbridge Island, Washington, amending BIMC
2.20.050 to adopt a “rule of five” for filling vacant positions in the police
department other than promotional positions, providing for severability and
establishing an effective date.
WHEREAS, Chapter 2.28 of the Bainbridge Island Municipal Code (BIMC) establishes a
civil service system for the police department that substantially accomplishes the purposes of the
state civil service law, Chapter 42.12 RCW; and
WHEREAS, in accord with applicable court decisions, BIMC 2.28.050 establishes a “rule
of three” under which the top three names on an eligibility list for any vacant position in the police
department are certified to the police chief for appointment; and
WHEREAS, in order to provide greater flexibility to police departments in the
appointment of qualified candidates, recent court decisions have indicated that a “rule of five” is
an appropriate method of selecting persons for appointment; and
WHEREAS, the Bainbridge Island Civil Service Commission has adopted the rule of five
for positions in the police department other than promotional positions, and has retained the rule
of three for promotional positions given the size of the department; and
WHEREAS, the Bainbridge Island City Council has determined that the Bainbridge Island
Municipal Code should conform to the rule adopted by the Civil Service Commission.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Adoption of the Rule of Five. BIMC 2.28.050 is hereby amended to read
as follows:
2.28.050 Employment, advancement and vacancy filling in the police
department. All applicants for employment with, advancement in, or the filling
of a vacancy in any position in the police department of the city covered by civil
service shall be required to have specified qualifications, have tenure of office, and
be subject to removal, as provided in the civil service regulations adopted by the
commission consistent with the law of the state, except that in the employment,
advancement and filling of vacancies vacant promotional positions in the
department, the commission shall certify to the appointing power the names of the
three persons highest on the eligible list for the class (or the list held appropriate
for such class) to which the vacant position has been allocated, or willing to accept
employment, and in the employment and filling of all other vacant positions, the
commission shall certify to the appointing power the names of the five persons
highest on the eligible list for the class (or the list held appropriate for such class)
to which the vacant position has been allocated, or willing to accept employment.
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tThe appointing power shall select one of the three persons so certified to be
appointed to the available position.
Section 2. Severability. Should any section, paragraph, sentence, clause, or phrase of
this ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be preempted by state or
federal law or regulation, such decision or preemption shall not affect the validity of the remaining
portions of this ordinance or its application to other persons or circumstances.
Section 3. Effective Date. This ordinance shall take effect and be in full force five (5) days
from its passage and publication as required by law.
PASSED by the City Council this 28th day of May, 2024.
APPROVED by the Mayor this 28th day of May, 2024.
Joe Deets, Mayor
ATTEST/AUTHENTICATE:
Christine Brown, MMC, City Clerk
FILED WITH THE CITY CLERK: May 24, 2024
PASSED BY THE CITY COUNCIL: May 28, 2024
PUBLISHED: May 31, 2024
EFFECTIVE DATE: June 5, 2024
ORDINANCE NUMBER: 2024-14