Common use of Order of Selection Clause in Contracts

Order of Selection. Whenever a promotion rank is created or becomes vacant due to resignation, discharge, promotion, death, or the granting of a disability or retirement pension, or any other cause, the appointing authority shall appoint to that position the person with the highest ranking on the final promotion list for that rank, except that the appointing authority shall have the right to pass over that person and appoint the next highest ranked person on the list if the appointing authority has reason to conclude that the highest ranking person has demonstrated substantial shortcomings in work performance or has engaged in misconduct affecting the person’s ability to perform the duties of the promoted rank since the posting of the promotion list. If the highest ranking person is passed over, the appointing authority shall document its reasons for its decision to select the next highest ranking person on the list. Unless the reasons for passing over the highest person are not remediable, no person who is the highest ranking person on the list at the time of the vacancy shall be passed over more than once. Any dispute as to the passing over of the highest ranking person more than once shall be, should the Union so elect, subject to resolution in accordance with the grievance procedure in Article XIV of this agreement should the Union and the affected employees file a timely grievance and waive any other remedy provided by law before referring the grievance to arbitration under Step 4. When a vacancy occurs and no valid final promotion list for the rank exists, the member of the next lower rank with the most seniority at that rank shall have the first opportunity to fill that vacancy until such a time that a valid final promotion list can be established. This temporary appointment shall not exceed one hundred eighty (180) calendar days, per the promotion act. If the member with the most seniority declines the opportunity to fill the position, the member with the highest seniority after that member will be offered that position, and so on.

Order of Selection. Whenever a promotion promotional rank is created or becomes vacant due to resignation, discharge, promotion, death, or the granting of a disability or retirement pension, or any other causecause in the rank of Lieutenant or Captain, the appointing authority Board of Fire and Police Commissioners shall appoint to that position the person with the highest ranking on the final promotion promotional list for that rank, except that the appointing authority Board of Fire and Police Commissioners, shall have the right to pass over that person and appoint the next highest ranked person on the list if the appointing authority Board of Fire and Police Commissioners has reason to conclude that the highest ranking person has demonstrated substantial shortcomings in work performance or has engaged in misconduct affecting the person’s ability to perform the duties of the promoted rank since the posting of the promotion list. If the highest ranking person is passed over, the appointing authority Board of Fire and Police Commissioners shall document its reasons for its decision to select the next highest ranking person on the list. Unless the reasons for passing over the highest ranking person are not remediable, no person who is the highest ranking person on the list at the time of the vacancy shall be passed over more than once. Any dispute as to the passing over selection of the highest first or second highest-ranking person more than once shall be, should the Union so elect, be subject to resolution in accordance with the provisions of the grievance and arbitration procedure set forth in Article XIV IV of this agreement should Agreement; provided, however, any such grievance must be filed at Step 4 within three (3) calendar days of the Union date the employee is advised of the Board of Fire and Police Commissioners’ reason for passing him/her over. A vacancy shall be deemed to occur in a position covered by this Article on the affected employees file a timely grievance date upon which the position is vacated, and waive any other remedy provided by law before referring the grievance to arbitration under Step 4. When on that same date, a vacancy occurs shall occur in all ranks inferior to that rank, provided that the position or positions continue to be funded and no valid authorized by the corporate authorities. If a vacated Lieutenant or Captain position is not filled due to the lack of funding or authorization and is subsequently reinstated, the final promotion list shall be continued in effect until all Lieutenant and/or Captain positions vacated have been filled or for a period of five (5) years beginning from the rank existsdate on which the position was vacated, whichever occurs first. In such event, the member of candidate or candidates who would have otherwise been promoted when the next lower rank with vacancy originally occurred shall be promoted. Any candidate may refuse a promotion once without losing his or her position on the most seniority at final promotional list. Any candidate who refuses a promotion a second time shall be removed from the final promotion list, provided that rank such action shall have the first not prejudice a person’s opportunity to fill that vacancy until such a time that a valid final promotion list can be established. This temporary appointment shall not exceed one hundred eighty (180) calendar days, per the promotion act. If the member with the most seniority declines the opportunity to fill the position, the member with the highest seniority after that member will be offered that position, and so onparticipate in future promotional processes.

Order of Selection. Whenever When there is a promotion vacant or newly created position in the rank is created or becomes vacant due of lieutenant that the Village Board of Trustees has funded and authorized to resignation, discharge, promotion, death, or the granting of a disability or retirement pension, or any other causebe filled, the appointing authority BFPC shall appoint to that position the person with the highest ranking on the final promotion list for that rankpromotional list, except that the appointing authority BFPC shall have the right to pass over that person and appoint the next highest ranked person on the list if the appointing authority BFPC, upon recommendation by the Fire Chief, has reason to conclude that the highest ranking person has demonstrated substantial shortcomings in work performance or has engaged in misconduct affecting the person’s ability to perform the duties of the promoted rank Lieutenant since the posting of the promotion listpromotional process began. If the highest ranking person is passed over, the appointing authority BFPC shall document its the reasons for its the decision to select and shall so advise the next highest ranking person on the listpassed over. Unless the reasons reason for passing over the highest person are not remediable, no person who is the highest ranking person on the list at the time of the vacancy is not remediable, no such person shall be passed over more than once. Any If there is a dispute as to over the passing over selection of the second highest ranking ranked person, the highest ranked person more than once shall be, should the Union so elect, subject to resolution may file a grievance in accordance with the provisions of the grievance and arbitration procedure set forth in Article XIV VI of this agreement should Agreement; provided, however, to be considered timely, any such grievance must be filed within five calendar days of the Union and time the affected employees file a timely employee has been advised that he/she is being passed over. Any such grievance and waive any other remedy provided by law before referring will be filed at Step 3 of the grievance to arbitration under Step 4procedure. When If a vacancy occurs and no valid final grievance is filed, the promotion shall be held in abeyance pending completion of the grievance process. Any candidate on the promotion list for may refuse a promotion once without losing their place on the rank existslist. If such candidate refuses a promotion a second time, however, then he or she shall be removed from the member of promotional list, provided that such action shall not prejudice the next lower rank with the most seniority at that rank shall have the first individual’s opportunity to fill that vacancy until such a time that a valid final promotion list can be established. This temporary appointment shall not exceed one hundred eighty (180) calendar days, per the promotion act. If the member with the most seniority declines the opportunity to fill the position, the member with the highest seniority after that member will be offered that position, and so onparticipate in future promotional processes.

Order of Selection. Whenever a promotion rank is created or becomes vacant due to resignation, discharge, promotion, death, or the granting of a disability or retirement pension, or any other cause, the appointing authority shall appoint to that position the person with the highest ranking on the final promotion list for that rank, except that the appointing authority shall have the right to pass over that person and appoint the next highest ranked person on the list if the appointing authority has reason to conclude that the highest ranking person has demonstrated substantial shortcomings in work performance or has engaged in misconduct affecting the person’s ability to perform the duties of the promoted rank since the posting of the promotion list. If the highest ranking person is passed over, the appointing authority shall document its reasons for its decision to select the next highest ranking person on the list. Unless the reasons for passing over the highest person are not remediable, no person who is the highest highest-ranking person on the list at the time of the vacancy shall be passed over more than once. Any dispute as to the passing over of the highest highest-ranking person more than once shall be, should the Union so elect, subject to resolution in accordance with the grievance procedure in Article XIV of this agreement should the Union and the affected employees file a timely grievance and waive any other remedy provided by law before referring the grievance to arbitration under Step 4. When a vacancy occurs and no valid final promotion list for the rank exists, the member of the next lower rank with the most seniority at that rank shall have the first opportunity to fill that vacancy until such a time that a valid final promotion list can be established. This temporary appointment shall not exceed one hundred eighty (180) calendar days, per the promotion act. If the member with the most seniority declines the opportunity to fill the position, the member with the highest seniority after that member will be offered that position, and so on.

Order of Selection. Whenever a promotion promotional rank is created or becomes vacant due to resignation, discharge, promotion, death, or the granting of a disability or retirement pension, or any other causecause in the rank of Lieutenant or Captain, the appointing authority Board of Fire and Police Commissioners shall appoint to that position the person with the highest ranking on the final promotion promotional list for that rank, except that the appointing authority Board of Fire and Police Commissioners, shall have the right to pass over that person and appoint the next highest ranked person on the list if the appointing authority Board of Fire and Police Commissioners has reason to conclude that the highest ranking person has demonstrated substantial shortcomings in work performance or has engaged in misconduct affecting the person’s ability to perform the duties of the promoted rank since the posting of the promotion list. If the highest ranking person is passed over, the appointing authority Board of Fire and Police Commissioners shall document its reasons for its decision to select the next highest ranking person on the list. Unless the reasons for passing over the highest ranking person are not remediable, no person who is the highest ranking person on the list at the time of the vacancy shall be passed over more than once. Any dispute as to the passing over selection of the highest first or second highest- ranking person more than once shall be, should the Union so elect, be subject to resolution in accordance with the provisions of the grievance and arbitration procedure set forth in Article XIV IV of this agreement should Agreement; provided, however, any such grievance must be filed at Step 4 within three (3) calendar days of the Union date the employee is advised of the Board of Fire and Police Commissioners’ reason for passing him/her over. A vacancy shall be deemed to occur in a position covered by this Article on the affected employees file a timely grievance date upon which the position is vacated, and waive any other remedy provided by law before referring the grievance to arbitration under Step 4. When on that same date, a vacancy occurs shall occur in all ranks inferior to that rank, provided that the position or positions continue to be funded and no valid authorized by the corporate authorities. If a vacated Lieutenant or Captain position is not filled due to the lack of funding or authorization and is subsequently reinstated, the final promotion list shall be continued in effect until all Lieutenant and/or Captain positions vacated have been filled or for a period of five (5) years beginning from the rank existsdate on which the position was vacated, whichever occurs first. In such event, the member of candidate or candidates who would have otherwise been promoted when the next lower rank with vacancy originally occurred shall be promoted. Any candidate may refuse a promotion once without losing his or her position on the most seniority at final promotional list. Any candidate who refuses a promotion a second time shall be removed from the final promotion list, provided that rank such action shall have the first not prejudice a person’s opportunity to fill that vacancy until such a time that a valid final promotion list can be established. This temporary appointment shall not exceed one hundred eighty (180) calendar days, per the promotion act. If the member with the most seniority declines the opportunity to fill the position, the member with the highest seniority after that member will be offered that position, and so onparticipate in future promotional processes.