Common use of Order of Selection Clause in Contracts

Order of Selection. When there is a vacancy (e.g., a position becomes vacant due to resignation, discharge, promotion, transfer, death or the granting of a disability or retirement pension, or any other cause) or a newly created position in the rank of Captain that the Village Council has funded and authorized to be filled, the Fire Chief or his designee shall appoint the person with the highest ranking on the final promotion list, except that the Fire Chief or his designee shall have the right to pass over that person if the Fire Chief or his designee has reason to conclude that the highest ranking person has since the posting of the promotion list demonstrated substantial shortcomings in work performance or has engaged in misconduct affecting the person’s ability to perform the duties of Captain. If the highest ranking person is passed over, the Fire Chief or his designee shall document the reasons for the decision and shall so advise the person passed over. Unless the reason for passing over 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 dispute as to the selection of the first or second highest ranking person shall be subject to the grievance procedure contained in ARTICLE X of the Agreement. Any candidate xxx refuse a promotion once without losing his or her position on the final promotional list. Any candidate who refuses a promotion a second time shall be removed from the final promotion list, provided that such action shall not prejudice a person’s opportunity to participate in future promotional processes.

Order of Selection. When there is a vacancy (e.g., a position becomes vacant due to resignation, discharge, promotion, transfer, death or the granting of a disability or retirement pension, or any other cause) or a newly created position in the rank of Captain Lieutenant that the Village Council has funded and authorized to be filled, the Fire Chief or his designee shall appoint the person with the highest ranking on the final promotion list, except that the Fire Chief or his designee shall have the right to pass over that person if the Fire Chief or his designee has reason to conclude that the highest ranking person has since the posting of the promotion list demonstrated substantial shortcomings in work performance or has engaged in misconduct affecting the person’s ability to perform the duties of CaptainLieutenant. If the highest ranking person is passed over, the Fire Chief or his designee shall document the reasons for the decision and shall so advise the person passed over. Unless the reason for passing over 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 dispute as to the selection of the first or second highest ranking person shall be subject to the grievance procedure contained in ARTICLE X of the Agreement. Any candidate xxx refuse a promotion once without losing his or her position on the final promotional list. Any candidate who refuses a promotion a second time shall be removed from the final promotion list, provided that such action shall not prejudice a person’s opportunity to participate in future promotional processes.

Order of Selection. When there is a vacancy (e.g., a position becomes vacant due to resignation, discharge, promotion, transferdeath, death or the granting of a disability or retirement pension, or any other cause) or a newly created position in the rank of Captain that the Village Council Employer has funded and authorized to be filled, the Fire Chief or his designee shall appoint the person with the highest ranking on the final promotion list, except that the Fire Chief or his designee shall have the right to pass over that person if the Fire Chief or his designee has reason to conclude that the highest ranking person has since the posting of the promotion list demonstrated substantial shortcomings in work performance or has engaged in misconduct affecting the person’s ability to perform the duties of Captain. If the highest ranking person is passed over, the Fire Chief or his designee shall document the reasons for the decision and shall so advise the person passed over. Unless the reason for passing over 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 dispute as to the selection of the first or second highest ranking person shall be subject to the grievance procedure contained in ARTICLE X of the Agreementthis collective labor agreement. Any candidate xxx may refuse a promotion once without losing his or her their position on the final promotional list. Any candidate who refuses a promotion a second time shall be removed from the final promotion list, provided that such action shall not prejudice a person’s opportunity to participate in future promotional processes.

Order of Selection. When there Whenever a promotional rank is a vacancy (e.g.created or becomes vacant, a position becomes vacant as provided in Section 28.03 of this Article, due to resignation, discharge, promotion, transferdeath, death or the granting of a disability or retirement pension, or any other cause) or a newly created position in the rank of Captain that the Village Council has funded and authorized to be filled, the Fire Chief or his designee appointing authority shall appoint to that position the person with the highest ranking on the final promotion listlist for that rank, except that the Fire Chief or his designee appointing authority shall have the right to pass over that person and appoint the next highest ranked person on the list if the Fire Chief or his designee appointing authority has reason to conclude that the highest ranking person has since the posting of the promotion list demonstrated substantial shortcomings in work performance or has engaged in misconduct affecting the person’s ability to perform the duties of Captainthe promoted rank since the posting of the promotion list. If the highest highest-ranking person is passed over, the Fire Chief or his designee appointing authority shall document its reason for its decision to select the reasons for next highest-ranking person on the decision and shall so advise the person passed overlist. Unless the reason reasons for passing over the highest highest-ranking person are not remedial, 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 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 contained in ARTICLE X of the 2003 Labor Agreement. Any candidate xxx may refuse a promotion once without losing his or her position on the final promotional adjusted promotion list. Any candidate who refuses a promotion a second time shall be removed from the final adjusted promotion list, provided that such action shall not prejudice a person’s opportunity opportunities to participate in future promotional processespromotion examinations.