On Feb. 5, the city of White Salmon was notified that it was allegedly "in violation of Civil Service rules and regulations."
In a letter from the three-member Bingen/White Salmon Civil Service Commission, the commissioners contended that the handling of the Dec. 28 reappointment of Bruce Brending to serve as police chief was technically in violation.
"In reviewing our rules and regulations, it has come to our attention that the city of White Salmon has made a temporary appointment to the chief of police position which is in violation of Rule VII, Section 8, under the Civil Service rules and regulations," read an excerpt of the letter. "The chief of police position, now being under Civil Service since Aug. 2, 2006, is within our authority and the Civil Service rules and regulations apply to any temporary appointment."
The letter, signed by Civil Service Commissioner Barbara Hylton, was addressed to White Salmon Mayor Francis Gaddis, Bingen Mayor Brian Prigel, and members of the White Salmon City Council and the Bingen City Council.
Bingen-White Salmon Police Sgt. Bruce Brending has served as interim police chief since the removal of the former police chief, Rich Cortese, in April 2006.
The rule in question, Section 8 of Rule VII of the Bingen/White Salmon Civil Service Commission Rules and Regulations, regards "temporary appointments."
"In making the temporary appointments, the appointing authority shall make a request to the secretary/chief examiner in the manner provided for regular appointments, but shall indicate the time at which it is estimated that the position will terminate," reads an excerpt. "In the event no person on the eligibility list expresses a willingness to accept a temporary appointment, the appointing authority may exercise his prerogative to initiate a provisional appointment."
The Civil Service Commission's letter informed the council that it wanted "to bring this situation under compliance," and requested a response no later than Feb. 12.
Civil Service Commissioner Barbara Hylton said the situation was basically a technicality, but the rules needed to be followed.
"Basically it's a rubber-stamp to certify that he (Brending) is eligible and meets all the requirements. But it has to go through Civil Service -- they just left out a step. It's just a formality of going through the correct procedures. A lot of it is, we all need to get on the same plane and communicate better."
According to city officials, since there was no eligibility list, Section 7 of Rule VII, "provisional appointments," would apply instead of Section 8.
"A provisional appointment may only be made in the absence of an appropriate eligibility list. In such a case, the appointing authority may select a person meeting the minimum qualifications for nomination to the secretary/chief examiner," reads a portion of Section 7.
Hylton explained that since the police chief position is now under Civil Service jurisdiction, it has to be brought to the Civil Service, even if it's a temporary appointment.
"The mayor has the right to appoint, but only after it has gone through Civil Service," she said.
In a Feb. 6 letter to Mike Clark, chair of the Civil Service Commission, Gaddis responded as follows:
"As appointing authority, I nominate Sgt. Bruce Brending as a person meeting the minimum qualifications for the temporary position of interim chief to the secretary/chief examiner of the Bingen-White Salmon Civil Service Commission," Gaddis wrote. "A copy of this letter is being provided directly to Secretary/chief examiner (Jim) Andring so that he may determine whether nominee Bruce Brending possesses the necessary experience, training, and other qualifications for the position ..."
White Salmon City Council member Susan Benedict, who heads the council's police committee, said she was told by Mayor Gaddis that the city's attorney "has already addressed this issue," and that is why it was not brought up at the Feb. 7 council meeting.
Staff at White Salmon City Hall initially believed the concerns raised by the Civil Service Commission should be an "action item" on the council's Feb. 7 agenda.
However, in a Feb. 6 e-mail to City Hall, the city's attorney, Deborah Phillips, pointed out that Mayor Gaddis had already responded to the Civil Service Commission, so "no action item is necessary."
"We proceeded with what we felt was proper," Gaddis said on Monday. "We proceeded according to our attorney."
"I need to talk to Francis and see what the next step will be," Benedict said. "I don't have an answer as to why it wasn't brought up at the last council meeting."
Council member Richard Marx said he did not understand why the issue was not discussed by the council.
"It seems pretty important to me," Marx said. "It should have been talked about. It should have been on the agenda."
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