Wash. Rev. Code » Title 41 · Chapter 41.12
Revised Code of Washington

Wash. Rev. Code § 41.12.090 (2026)

✓ current as of May 2026
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No person in the classified civil service who shall have been permanently appointed or inducted into civil service under provisions of this chapter, shall be removed, suspended, demoted or discharged except for cause, and only upon written accusation of the appointing power, or any citizen or taxpayer; a written statement of which accusation, in general terms, shall be served upon the accused, and a duplicate filed with the commission. Any person so removed, suspended, demoted or discharged may within ten days from the time of his or her removal, suspension, demotion or discharge, file with the commission a written demand for an investigation, whereupon the commission shall conduct such investigation. The investigation shall be confined to the determination of the question of whether such removal, suspension, demotion or discharge was or was not made for political or religious reasons and was or was not made in good faith for cause. After such investigation the commission may affirm the removal, or if it shall find that the removal, suspension, or demotion was made for political or religious reasons, or was not made in good faith for cause, shall order the immediate reinstatement or reemployment of such person in the office, place, position or employment from which such person was removed, suspended, demoted or discharged, which reinstatement shall, if the commission so provides in its discretion, be retroactive, and entitle such person to pay or compensation from the time of such removal, suspension, demotion or discharge. The commission upon such investigation, in lieu of affirming the removal, suspension, demotion or discharge may modify the order of removal, suspension, demotion or discharge by directing a suspension, without pay, for a given period, and subsequent restoration to duty, or demotion in classification, grade, or pay; the findings of the commission shall be certified, in writing to the appointing power, and shall be forthwith enforced by such officer.
All investigations made by the commission pursuant to the provisions of this section shall be had by public hearing, after reasonable notice to the accused of the time and place of such hearing, at which hearing the accused shall be afforded an opportunity of appearing in person and by counsel, and presenting his or her defense. If such judgment or order be concurred in by the commission or a majority thereof, the accused may appeal therefrom to the court of original and unlimited jurisdiction in civil suits of the county wherein he or she resides. Such appeal shall be taken by serving the commission, within thirty days after the entry of such judgment or order, a written notice of appeal, stating the grounds thereof, and demanding that a certified transcript of the record and of all papers on file in the office of the commission affecting or relating to such judgment or order, be filed by the commission with such court. The commission shall, within ten days after the filing of such notice, make, certify and file such transcript with such court. The court of original and unlimited jurisdiction in civil suits shall thereupon proceed to hear and determine such appeal in a summary manner: PROVIDED, HOWEVER, That such hearing shall be confined to the determination of whether the judgment or order of removal, discharge, demotion or suspension made by the commission, was or was not made in good faith for cause, and no appeal to such court shall be taken except upon such ground or grounds.
[ 2007 c 218 s 14; 1937 c 13 s 9; RRS s 9558a-9.]

Notes:

Intent—Finding—2007 c 218: See note following RCW 41.08.020.
Notes of Decisions
Cited in 49 cases (2 in the last 5 years), 1959–2024 · leading case: Micone v. Town of Steilacoom Civil Serv. Comm'n, 722 P.2d 1369 (Wash. Ct. App. 1986).
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Micone v. Town of Steilacoom Civil Serv. Comm'n, 722 P.2d 1369 (Wash. Ct. App. 1986). · cites it 13× “John Micone appeals the trial court's order upholding the Steilacoom Civil Service Commission's denial of a hearing pursuant to RCW 41.12.090 based upon the determination that Micone's resignation as police chief was voluntary.”
Shoemaker v. City of Bremerton, 745 P.2d 858 (Wash. 1987). · cites it 6× “Shoemaker petitioned the Commission for reinstatement to deputy chief, contending that he was demoted in bad faith and not for cause in violation of RCW 41.12.090. A hearing was held on March 19,1982.”
Skinner v. Civil Serv. Comm'n, 168 Wash. 2d 845 (Wash. 2010). · cites it 9× “The superior court granted the City’s motion for summary judgment, finding that Skinner “failed to serve and file his appeal of the September 1,2006 Order .”
Skinner v. Civil Serv. Com'n, 232 P.3d 558 (Wash. 2010). · cites it 9× “Twenty-nine days after the denial of reconsideration, Skinner filed a notice of appeal and petition for writ of review (appeal) with the King County Superior Court and served notice on the Medina city clerk. The superior court granted the City's motion for summary judgment,…”
Allstot v. Edwards, 114 Wash. App. 625 (Wash. Ct. App. 2002). · cites it 6× “080, and without cause under RCW 41.12.090, we ordered him reinstated.”
Allstot v. Edwards, 60 P.3d 601 (Wash. Ct. App. 2002). · cites it 6× “080, and without cause under RCW 41.12.090, we ordered him reinstated.”
Allstot v. Edwards, 65 P.3d 696 (Wash. Ct. App. 2003). · cites it 3× “090, which requires a written statement of the accusation against the affected employee and also requires the employee to make a written demand for an investigation within 10 days of his or her removal, suspension, demotion, or discharge.”
Cowles Publ'g Co. v. State Patrol, 748 P.2d 597 (Wash. 1988). · cites it 2× “The Washington State Patrol disseminates information concerning sanctions through its teletype network to each of its divisional offices, which in turn discloses within the organization the name of the disciplined officer and the infraction.”
Christensen v. Grant Cnty. Hosp. Dist. No. 1, 96 P.3d 957 (Wash. 2004). “There, a public employee petitioned the Bremerton Civil Service Commission for reinstatement, contending he had been demoted in bad faith and in violation of RCW 41.12.090 in retaliation for testimony he gave regarding irregularities in his department’s employment evaluations.”
Allstot v. Edwards, 116 Wash. App. 424 (Wash. Ct. App. 2003). · cites it 2× “Allstot has a claim cognizable in some forum, the issue here is whether his claim must be raised initially through the civil service procedure provided by RCW 41.12.090. As Mr. Allstot points out, a claim for wrongful constructive discharge would be difficult or impossible to…”
Mellish v. Frog Mountain Pet Care, 257 P.3d 641 (Wash. 2011). · cites it 4× “at 851 (quoting RCW 41.12.090). Although the police officer did not file his notice of appeal in the superior court within 30 days of the civil service commission’s original decision, he did file it within 30 days of the commission’s denial of his motion for reconsideration.”
Benavides v. Civil Serv. Comm'n of Selah, 613 P.2d 807 (Wash. Ct. App. 1980). · cites it 4× “On appeal, Mr. Benavides contends he was never properly terminated from the police department because the letter dated September 8, 1978, was not accompanied by written accusations as required by RCW 41.”
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