AGO 1951-53 No. 35.

• Case Date: May 07, 1951
• Court: Washington

Washington Attorney General Opinions 1951. AGO 1951-53 No. 35. May 7, 1951[Orig. Op. Page 1]PRIVATESECOND CLASS CITIES --- RIGHT OF MAYOR TO REMOVE, DEMOTE OR APPOINT THE CHIEF OF POLICE WHERE SUCH CITY HAS ADOPTED FIREMEN OR POLICE CIVIL SERVICE.The mayor of a second class city which has adopted either or both the firemen's and/or police civil service laws has no power to remove or demote the chief of the fire department and/or chief of police, and his right to appoint is limited to the eligibility lists as provided in such laws.Honorable Don G. AbelProsecuting AttorneyGrays Harbor CountyAberdeen, WashingtonCite as: AGO 1951-53 No. 35Dear Sir: On April 18, 1951, you requested our opinion on the following: "Can the Mayor of a second class city, by virtue of his appointive powers under R.R.S. 9013 appoint, remove or demote heads of departments in the City administration who are classified under civil service." ANALYSIS The conclusions reached may be summarized as follows: The mayor has no power to remove or demote except as provided in the firemen's and police civil service laws, and his right to appoint is also limited to the eligibility lists as provided in such laws. Your specific question reads: "Can the Mayor of a second class city, by virtue of his appointive powers under R.R.S. 9013 appoint, remove or demote heads of departments in the City administration who are classified under civil service." [Orig. Op. Page 2] In the interest of clarity we first state that the effect of this opinion is limited to such second class cities only as have adopted either or both the firemen's and/or police civil service laws hereinafter referred to, and have not adopted anything in the way of special charters which might bear on the question involved, such as the council-manager plan as provided by chapter 271, Laws of 1943 (9198-10, et seq., Rem. Supp. 1943, 35.18, RCW [[chapter 35.18 RCW]]). Section 8, chapter 241, Laws of 1907 (9013, Rem. Rev. Stat.; 35.23.180, RCW [[RCW 35.23.180]]) provides, in substance for the appointment by the mayor of second class cities of the "police judge, city attorney, street commissioner, chief of police, library trustees, as well as other officers provided for in this act, whose election or appointment is not otherwise provided for, shall be appointed by the mayor, subject to confirmation by the city...