Revised Code of Washington

Wash. Rev. Code § 41.12.050 (2026)

✓ current as of May 2026

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(1) For police departments with fewer than six commissioned officers, including the police chief, the classified civil service and provisions of this chapter includes all full paid employees of the department of the city, town, or municipality.

(2) For police departments with six or more commissioned officers, including the police chief, the legislative body of a city, town, or municipality may exempt from civil service individuals appointed as police chief after July 1, 1987.

(a) If the police chief is not exempt, the classified civil service includes all full paid employees of the department of the city, town, or municipality, including the police chief.

(b) If the police chief is exempt, the classified civil service includes all full paid employees of the department of the city, town, or municipality, except the police chief and an additional number of positions, designated the unclassified service, determined as follows:

Department Personnel		Unclassified Position Appointments
6	through 10	2
11	through 20	3
21	through 50	4
51	through 100	5
101	through 250	6
251	through 500	8
501	and over	10

(3) The unclassified position appointments authorized by subsection (2)(b) of this section may only include selections from the following positions up to the limit of the number of positions authorized: Assistant chief, deputy chief, bureau commander, and administrative assistant or administrative secretary. The initial selection of specific positions to be in the unclassified service and exempt from civil service shall be made by the police chief, who shall notify the civil service commission of his or her selection. Subsequent changes in the designation of which positions are in the unclassified service may be made only with the concurrence of the police chief, the mayor or the city administrator, and the civil service commission, and then only after the civil service commission has heard the issue in an open meeting. If a position initially selected by the police chief to be in the unclassified service is in the classified civil service at the time of the selection, and if the position is occupied, the employee occupying the position has the right to return to the next highest position or a like position in the classified civil service.

(4) All appointments to and promotions in the department shall be made solely on merit, efficiency, and fitness except as provided in RCW 35.13.360 through 35.13.400, which shall be ascertained by open competitive examination and impartial investigation. No person in the unclassified service shall be reinstated in or transferred, suspended, or discharged from any such place, position, or employment contrary to the provisions of this chapter.

[ 2002 c 143 s 1; 1993 c 189 s 1; 1987 c 339 s 2; 1937 c 13 s 4; RRS s 9558a-4.]

Notes:

Severability—Effective date—1987 c 339: See notes following RCW 35.21.333.

Chief of police or marshal—Eligibility requirements: RCW 35.21.333.

Notes of Decisions

Cited in 9 cases (2 in the last 5 years), 1963–2024 · leading case: Seattle Police Officers Guild v. City of Seattle, 92 P.3d 243 (Wash. 2004).

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Seattle Police Officers Guild v. City of Seattle, 92 P.3d 243 (Wash. 2004). · cites it 5× “See Laws of 1987, ch, 339, § 2 (amending RCW 41.12.050); Laws of 1993, ch. 47, § 5 (amending RCW 41.”

Reynolds v. Kirkland Police Comm'n, 384 P.2d 819 (Wash. 1963). “The court made a finding of fact that appellant Reynolds did not take or qualify for the position of Chief of Kirkland Police Department by competitive examination as required by the provisions of RCW 41.12.050. Respondent submitted a proposed conclusion of law, reading:…”

Reed v. City of Asotin, 917 F. Supp. 2d 1156 (E.D. Wash. 2013). “RCW 41.12.050(1) (“For police departments with fewer than six commissioned officers, including the police chief, the classified civil service and provisions of this chapter includes all full paid employees of the department of the city, town, or municipality.”

Seattle Police Officers Guild v. City of Seattle, 92 P.3d 243 (Wash. 2004). · cites it 5× “189, § 1 (amending RCW 41.12.050); LAWS OF 2002, ch. 143, § 1 (amending RCW 41.”

Samuels v. City of Lake Stevens, 749 P.2d 187 (Wash. Ct. App. 1988). “To exclude him does not substantially accomplish the purpose of the statute, which seeks to provide a merit system and various protections to police officers and requires that the chief of police be included in the classified service.”

Cameron v. Bellevue Police Dep't (W.D. Wash. 2024). · cites it 2× “1, 2002) (plaintiff’s “green 20 card claim” not actionable absent facts suggesting that defendant’s practice of requiring green card 21 for employment systematically discriminated against persons of Fijian–Indian decent); Lixin Liu 22 6 Sections 41.12.050 and -.070 of the…”

State v. Lile (Wash. 2017). “3d 9 (2011) (quoting RCW 41.12.050(1)). RCW 4.12.050(1) also provides that "the arrangement of the calendar, the setting of an action, motion or proceeding down for hearing or trial, the arraignment of the 9 State v.”

Dixson v. City of Issaquah Police Dep't (W.D. Wash. 2024). “§ 1983 based on alleged 6 violations of RCW 41.12.050 and the Issaquah Civil Service.”

Teamsters Food Processing Employees, Pub. Employees, Warehousemen & Helpers, Local Union No. 760 v. City of Moses Lake, 853 P.2d 951 (Wash. Ct. App. 1993). “) RCW 41.12.050 provides: "The classified civil service and provisions of this chapter shall include all full *406 paid employees of the police department of each city, town or municipality coming within its purview".”

— Wash. Rev. Code § 41.12.050(1) — 2 cases

— Wash. Rev. Code § 41.12.050(4) — 2 cases

Seattle Police Officers Guild v. City of Seattle, 92 P.3d 243 (Wash. 2004). “See Laws of 1987, ch, 339, § 2 (amending RCW 41.12.050); Laws of 1993, ch. 47, § 5 (amending RCW 41.”

Seattle Police Officers Guild v. City of Seattle, 92 P.3d 243 (Wash. 2004). “189, § 1 (amending RCW 41.12.050); LAWS OF 2002, ch. 143, § 1 (amending RCW 41.”

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