(A) When a vacancy in rank occurs, the Merit Commission shall certify to the Chief of the Police Department the three members with the highest scores on the eligibility list for that particular rank. Within six months 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 years. At the end of the period, a probationary member's supervisor 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 in his superior's report. He is also entitled to be represented by counsel or another representative of his choice. If the promotion is finally revoked the member may not be returned to a rank lower than that he held before the probationary promotion.
(D) Actions by the Commission other than making the promotion permanent may be appealed within 30 days to the circuit or superior court of the county with the city being named as the sole defendant.
(Ord. 2989, passed - -94)