Written Statement Requesting Appeal. An officer requesting an appeal following a denial of promotion on grounds other than merit must present a written statement with the Chief of Police setting forth facts sufficient to state the grounds the appellant was given as the reason for non-selection denied a promotion on grounds other than merit. The written factual statement requesting an appeal must be submitted to the Chief of Police’s office within 20 working days of the alleged violation. In order to meet the threshold factual showing in the request for an appeal hearing, the appellant must make specific factual assertions of conduct, other than matters over which the Appointing Authority has discretion in making selections based on merit, which if true, would violate appellant’s protected rights. The initial determination of whether an officer has presented sufficient facts to support that they were denied promotion on grounds other than merit will be determined by the Chief of Police or their designee not lower than the rank of Assistant Chief with a written decision issued within 20 working days from submission of the appeal. If the request to appeal is granted, the then appeal hearing will be scheduled with the Chief of Police within 20 working days from submission of the appeal. However, a decision denying an appeal hearing may be appealed to the Mayor or designee. The appeal will be submitted to the Mayor or designee in writing within ten working days of receipt of the denial from the Chief of Police or designee.
