Common use of Order of Selection Clause in Contracts

Order of Selection. Whenever a 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 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-ranking person are not remedial, 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 selection of the first or second highest- ranking person shall be subject to resolution in accordance with the grievance procedure in Article 25 of this agreement.

Order of Selection. Whenever a promotional rank is created or becomes vacant due to resignation, discharge, promotion, death, 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 promotional 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 promotional 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-highest- ranking person are not remedialremediable, no person who is the highest-ranking person on the list at the any time of the vacancy shall be passed over more than once. Any dispute as to the selection of the first or second highest- highest-ranking person shall be subject to resolution in accordance with the grievance procedure in Article 25 28 of this agreementAgreement.

Order of Selection. Whenever a 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 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-highest ranking person is passed over, the appointing authority shall document its reasons for its decision to select the next highest-highest ranking person on the list. Unless the reasons for passing over the highest-highest ranking person are not remedialremediable, or unless the highest ranking person has not yet completed the task book, 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 selection of the first or second highest- highest-ranking person shall be subject to resolution in accordance with the grievance procedure in Article 25 of this agreement.XIII