§ 34.03  ELIGIBILITY FOR PROMOTION.
   (A)   Such rules and regulations shall prescribe that the following four factors shall be the basic components in rating a member of the Police Department, and that such rating shall determine the eligibility of all police personnel for promotion to new positions or to fill vacancies in all ranks below Captain.  All police personnel interested in promotion under the provision of this chapter are eligible to take a written competitive examination for a rating, as hereinafter provided:
      (1)   The grade received by a member on a written competitive examination pertaining to police work in said city.
      (2)   The past performance record of a member of the Police Department.
      (3)   The seniority rights of a member of the Police Department.
      (4)   A personal interview by the Commission.
   (B)   The grade received on the written competitive test shall count as 40% of the rating.  Past performance shall count as 40% of the rating.  Seniority rights will be based on the number of years of service as a member of the Police Department, at the rate of .5% for each year's service up to and including 20 years, and the personal interview by the Commissioners shall be considered 10% of the rating.
   (C)   To prescribe the manner of determining a rating for past performance, such rules and regulations shall contain a provision requiring that performance ratings shall be made every three months for each member of the Police Department, not including Captains and higher ranks. These ratings shall be made by the immediate superior officer of the member and shall be given to the member in person by his superior officer so that the member has full knowledge of his rating. Such ratings shall then be submitted to the Chief of Police and kept on file permanently in this office; provided further; that such rules and regulations shall provide that the chief of the Police Department shall allow any member to see his rating upon request. If  then  any  member  is  dissatisfied with his rating, he may  submit  a  written  statement  to  be  attached permanently to such report and may request a hearing with the Commission within 30 days of such rating being disclosed to the officer. The Commission will then hear his case and the report with his immediate superior officer present. The Commission shall have the authority to affirm the rating or to increase same. All promotions to any rank shall be made from the next immediate lower rank, except Captain through Chief of Police, as hereinafter provided. No acting or temporary rank shall exceed three months. The Commission shall not have the authority to appoint or remove from rank any member of the Police Department from Captain through Chief of Police, but the Mayor, or the Board of Safety shall have the authority to promote or demote any member of the Police Department from Captain through Chief of Police. Demotion of any member of the Police Department from Captain through Chief of Police shall be demotion from rank only and not removal from the Department. Any person demoted from the rank of Captain or above shall be assigned to a rank determined by the board of safety, but in no event to a rank below Sergeant. Provided further that said examination papers shall be made a part of the permanent file of the individual officer taking the examination, and they shall be retained in the office of the Chief of Police, and said individual shall have access to examine the same any time in the presence of the Chief of Police.
('74 Code, § 20-133) (Ord. S-232-82, passed 12-28-82)