246.07 PROMOTIONAL EXAMINATION AND QUALIFICATIONS.
   (a)   Promotional Examination. Applicants for promotion in the Police Department shall be subject to a professional competency examination, which may include a written examination and interviews. After a conditional offer of promotion to fill a vacancy in the Fire or Police Department, the Mayor may select an outside medical officer to conduct an examination which fairly tests the ability of the person examined to psychologically perform the duties of the position for which the appointment is made. The psychological examination shall only be required for promotions upon the recommendation of the Mayor.
   (b)   Qualifications for Promotions.
      (1)   Fire Chief. In the case of a vacancy in the position of Fire Chief, the Assistant Fire Chief shall be promoted to the position of Fire Chief. If the Assistant Fire Chief refuses the position, the Mayor may hire a Fire Chief at his or her own discretion from within or outside of the Fire Department.
      (2)   Assistant Fire Chief. In the case of a vacancy in the position of Assistant Fire Chief, the Captains and the Lieutenants in the Fire Department shall be eligible to take the competitive examination and be eligible for promotion to the position. The position of Assistant Fire Chief shall be awarded to the applicant who obtains the highest rank on the eligibility list created pursuant to Section 246.08. One year of service in grade is required for eligibility to be an applicant.
      (3)   Lieutenant in the Fire Department. In the case of a vacancy in the position of Lieutenant in the Fire Department, only the firefighters shall be eligible to take the examination and be eligible for promotion to the position. The position shall be filed by the applicant who obtains the highest score on the eligibility list. Five years of service in grade are required for eligibility to be an applicant.
      (4)   Police Chief. In the case of a vacancy in the position of Police Chief, the Mayor may fill the position by appointment in his sole discretion.
      (5)   Deputy Police Chief. In the case of a vacancy in the position of Deputy Police Chief, the Mayor may fill the position by appointment in his sole discretion.
      (6)   Lieutenant in the Police Department. In the case of a vacancy in the position of Lieutenant in the Police Department, only patrol officers shall be eligible for promotion to the position of Lieutenant. Five years of service in grade are required for eligibility to be an applicant. The Mayor may select the Lieutenant in the Police Department from among the three highest scored candidates on the promotional eligibility list. If a candidate is passed over for promotion twice, that candidate shall be removed from the promotional eligibility list. When a candidate is either selected from the promotional eligibility list or a candidate is removed from the promotional eligibility list because of being passed over twice, the subsequent eligible candidates on the promotional eligibility list shall move up in placing.
   (c)   Mayoral Discretion. Notwithstanding the provisions of Section 246.07 (b), if the Mayor determines, in his or her sole discretion, that the candidate set to fill the vacancy, pursuant to the above provisions in this Section 246.07 , is unfit for the position, the Mayor may opt to decline not to appoint that candidate. If the Mayor determines, in his or her sole discretion, that all candidates on the eligibility list are unfit for the position, the Mayor may hire any other person from within the applicable department or from outside of the department to fill the vacancy.
(Ord. 2012-32. Passed 5-9-12; Ord. 2014-27. Passed 2-12-14; Ord. 2017-98. Passed 12-13-17.)