The term "promotion" shall be used to designate an advancement from one grade to the next higher grade within an appropriate group.
Vacancies in positions above the bottom rank in the competitive classified service shall be filled, so far as practical, in accordance with this Rule 9. Vacancies in the non-competitive positions shall be filled in accordance with the city's personnel code (administrative code).
The commission shall, in each case, determine if the person is eligible to compete for promotion.
No person shall be eligible for a promotional examination that lacks any of the requirements prescribed by an applicable law, rule or regulation for the position to be filled.
For police and fire departments, applicants for promotion, shall, in a timely manner as established by the commission, file a commission approved application for a promotional examination pursuant to these Rules and Procedures and shall file such applications as the commission prescribes.
As used in this Rule, reference to "police officer" means full-time sworn patrol officers and detectives, but not dispatchers, and "firefighter/paramedic" means firefighters, paramedics, and firefighters who are also paramedics, but not dispatchers. For the purpose of this provision, an emergency medical technician ("EMT") shall be construed as a paramedic. Except for the chief's position, vacancies in positions above the rank of police officer (patrolman grade) in the police department and above the rank of firefighter/paramedic in the fire/rescue department shall be filled by promotion from among persons holding positions in a rank lower than the position to be filled. No position above the rank of police officer (patrolman grade) in the police department or above the rank of firefighter/paramedic in the fire/rescue department shall be filled by any person unless he/she has first passed a competitive promotional examination administered or caused to be administered by the Civil Service commission. Promotion in the police department shall be by successive ranks so far as practicable, and no person in the police department shall test or be promoted to a position in a higher rank unless such person meets the following criteria: for rank above that of police officer (patrolman grade), but below the rank of Chief or Assistant Chief, the person shall possess a two (2) year college degree from an accredited college in any discipline or have an equivalent of one hundred fifty (150) clock hours in-service training in a law enforcement related field, and have three (3) years full-time departmental experience in a lower rank than that to be tested. For the rank of Chief or Assistant Chief in the Police Department, the person shall possess a four (4) year college degree from an accredited college in any discipline or have an equivalent of a two (2) year college degree from an accredited college in any discipline and ten (10) years full-time law enforcement experience. The ten (10) years full-time law enforcement experience shall include five (5) years full-time supervisory experience in law enforcement or other related field. Promotion in the fire/rescue department shall be by successive ranks so far as practicable, and no person in the fire/rescue department shall test or be promoted to a position in a higher rank who has not served at least three (3) years of cumulative service as a full-time firefighter/paramedic within the State of Ohio (which in the case of other political subdivisions means a firefighter or a firefighter who is also a paramedic) and has completed their probationary period in the rank they currently hold within the city fire/rescue department. For the rank of Chief in the fire rescue department, the person shall possess at least a two (2) year degree from an accredited college in any discipline and at least three (3) years cumulative service as a full-time firefighter and paramedic. No competitive promotional examination shall be held unless there are at least two (2) persons eligible to compete. Whenever the Civil Service commission determines that there are less than two (2) persons holding positions in the rank next lower than the position to be filled, who are eligible and willing to compete, such commission shall allow persons holding positions in the rank lower than the next lower rank for the positions to be filled to compete.
1) Whenever a vacancy occurs in a position above the rank of police officer (patrolman grade) in the police department or above the rank of firefighter in the fire/rescue department and an eligible list exists as to the respective department, the Civil Service commission shall forthwith, upon the request of the appointing authority, certify to the appointing authority the names of the persons receiving the three (3) highest scores, who successfully passed the test. Upon such certification, the appointing authority shall promote one (1) of the persons so certified within thirty (30) days from the date of such certification.
2) Whenever a vacancy occurs in a position above the rank of police officer in the police department or above the rank of firefighter/paramedic in the fire/rescue department and an eligible list does not exist as to the respective department, the said commission shall upon request of the appointing authority, within sixty (60) days of such vacancy, hold, or cause to be held, a competitive promotional examination. After such examination has been held, and an eligible list established, the said commission shall forthwith, upon the request of the appointing authority, certify to the appointing authority the names of the persons receiving the three (3) highest scores, who successfully completed the test. Upon such certification, the appointing authority shall promote one (1) of the persons so certified within thirty (30) days from the date of certification.
3) The rule of three (3) (submitting three (3) names of the persons receiving the highest scores and who successfully completed the test) shall be complied with when practical; however, if at anytime there are less than three (3) names certifiable on an eligible list, the commission may certify all names (less than three (3) names) to the appointing authority at which time the appointing authority shall promote one (1) of such persons within thirty (30) days from the date of certification.
4)
If more than one (1) vacancy is to be filled, the number of names to be certified shall be determined in the following manner when practical: For two (2) vacancies, add one (1) name to the number of vacancies.
5) Any person promoted pursuant to this Rule 9.5.1 shall receive a conditional promotion and shall also be placed on probation, both for a period not to exceed one year, conditioned upon the continued need of the position and/or conditioned upon satisfactory performance in the promoted position and such person may be demoted at anytime within that one (1) year period by the appointing authority, subject to appeal to the Civil Service Commission. Civil Service review for the purpose of this Rule shall be limited to whether or not the appointing authority abused its discretion.
1) The appointment of chief of the police department or chief of the fire/rescue department shall be considered first a promotion and shall follow the procedures in Rule 9.5.1; however, if no names are certified upon one attempt for the current vacancy or if the names certified decline the promotion, then the appointment shall be considered an original appointment. In the event that Council adopts an ordinance or resolution providing for the appointment of a chief regardless of prior service with the city and without regard to any time-in-rank requirements that might otherwise restrict the field of candidates to initially hiring only from within the city as a promotion, then such provisions shall apply, no extra credit for seniority or efficiency shall be added to the score of any candidate for either of those two (2) positions, without approval of Council by ordinance or resolution passed prior to the examination, as that would disadvantage qualified persons who have not previously been employed by the City, and the position shall otherwise be filled as an original appointment.
2) When a vacancy exists for chief of the police or chief of the fire/rescue department, and such position is not filled by promotion, nor has the Civil Service Commission suspended the provisions for competitive civil service examination in an exceptional situation as described in Rule 8.3, then the vacancy shall be filled as an original appointment utilizing the same rules and procedures established by the Civil Service Commission as to other original appointments in the police or fire/rescue departments, except that applicants may be limited in amount as determined reasonable by the Commission who are deemed qualified by the Civil Service Commission to take the exam. Any limitation in number of applicants shall be determined prior to posting of the notice of testing. Examinations for the positions of chief of the police and chief of the fire/rescue departments may include written examination, oral examination, performance examination, evaluation of experience, practical demonstrations of skills, and/or such other forms of examination as the Civil Service Commission deems appropriate. Qualifications shall include, but not be limited to those applicants having the qualifications as specified by the job description. When the vacancy is not filled by promotion, then the appointing authority, within thirty (30) days after the Civil Service Commission notifies the appointing authority that no names can be certified or that all those persons certified as eligible have declined appointment, may modify the job description and file the same with the Civil Service Commission, except that the educational experience shall be that as established by the Civil Service Commission. Further, although not to be considered part of the civil service exam, the appointing authority may, but is not required, to use an independent technical assessment board to assist selection of the final appointee from the names certified by the said commission; such board shall recommend only as to this original appointment.
3) In the case of original appointment, any city employee who is properly qualified as an applicant may take the exam; so long as the person is within the established number of applicants deemed qualified, even though such employee may have previously tested for the position. If such employee is successful for appointment, such employee shall be considered a new employee and must resign his/her current position prior to appointment. If such employee is a member of the respective department that he or she is testing and receives the appointment, it shall not be considered a break in service for the purpose of retirement, certification, vacation, sick leave, and longevity if applicable, to the new position.
4) Any person promoted or appointed to chief pursuant to this Rule 9.5.2 shall receive a conditional promotion or appointment, whichever is applicable, and shall be placed on probation, both for a period not to exceed one (1) year, conditioned upon the continued need of the position and/or conditioned upon satisfactory performance in the promoted or appointed position. Such person may be demoted (if the position was filled by promotion) or demoted or terminated (if the position was filled by original appointment) at anytime within that one (1) year period by the appointing authority, subject to appeal to the Civil Service Commission. Civil service review for the purpose of this section shall be limited to whether or not the appointing authority abused its discretion.
(Ord. 62-05. Passed 6-20-05.)