Promotion for Battalion Chief Sample Clauses

Promotion for Battalion Chief. Whenever a vacancy occurs in the rank of Battalion Chief due to resignation, discharge, promotion, death, or the granting of a disability or retirement pension, or any other cause, the appointing authority shall promote the person with the highest ranking on the final promotional list for that rank, except that the appointing authority shall have the right to pass over that person and appoint the next highest ranking 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 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-ranking person are not remediable, no person who is the highest-ranking person on the list at the time of 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 XI of this agreement as limited by Section 7 of this article. Any candidate xxx refuse a promotion once without losing his or her position on the final promotion list. Any candidate who refuses promotion a second time shall be removed from the final adjusted promotion list, provided that such action shall not prejudice a person’s opportunities to participate in future promotion examinations.
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