(A) When a vacancy in a merited rank occurs, the Fire Chief shall select from among the two members with the highest scores remaining on the eligibility list for that particular rank. If the Fire Chief selects a member other than the one ranking highest on the remaining eligibility list, the Fire Chief shall provide to the Commission a written statement of the reasons that support the decision. The Commission shall accept the Fire Chief's selection and promote that member unless the Commission rejects the Fire Chief's selection by a vote of at least four Commissioners. In that event, the member with the higher score shall be promoted and the other member remains on that eligibility list.
(B) The probationary period begins on the date the Merit Commission approves a member’s promotion. All promotions are probationary for a period not to exceed one year unless extended or the promotion is revoked. The Commission, upon request of the Fire Chief, may extend the probationary period, revoke the promotion, or affirm the promotion. At any time during the probationary period, the promotion may be revoked by the Commission upon request of the Fire Chief. The probationary period shall be completed in the division in which the member is being promoted. At the end of the probationary period, the Fire Chief shall review the member's performance and recommend to the Commission that the promotion be affirmed or revoked. Following a hearing, the Commission may uphold, deny, or modify the Fire Chief's recommendation.
(C) Actions regarding promotions by the Commission may be appealed within 30 days to the Circuit or Superior Court of Allen County, with the city being named as the sole defendant, as provided by I.C. 36-8-3.5-16(d).
(Ord. G-22-22, passed 12-13-22)