§ 3-1-3.5-8.  VACANCY IN RANK.
   (A)   When a vacancy in rank occurs, the Commission shall certify to the Chief of the Department the three members with the highest scores on the eligibility list for that particular rank.  The Commission, upon the recommendation of the Chief, shall promote one of those members to fill the vacant position.
   (B)   All promotions are probationary for a period not to exceed one year.  At the end of that period, a probationary member’s superior shall review the member’s performance and recommend to the Commission that:
      (1)   The promotion be made permanent; or
      (2)   The promotion be revoked.
   (C)   The Commission shall prepare a rating chart for the superior’s use in making the report.  The Commission shall review the report and decide what action should be taken.  The probationary member is entitled to appear before the Commission and be heard on any matter detrimental to him or her in his or her superior’s report.  He or she is also entitled to be represented by counsel or another representative of his or her choice.  If the promotion is finally revoked, the member may not be returned to a rank lower than that he or she held before the probationary promotion.
   (D)   Actions by the Commission other than making the promotion permanent may be appealed within 30 days to the Marion Circuit or Superior Court, with the City being named as the sole defendant.
   (E)   Seniority ranking for the merit ranks of lieutenant and captain shall be determined by the date of appointment to that rank.  If multiple appointments to the same rank occur on the same date, seniority ranking then shall be determined by the date of appointment as well as the individual’s relatively higher ranking on the eligibility list for that rank.
(Am. Ord. 13, 2004, passed 8-11-2004)