2109.34 Command Officers Reassigned.
   Whenever a lieutenant or sergeant is reassigned from a present position he shall be afforded the right to a meeting with the Chief and representation by the bargaining agent within three (3) work days from the date that the Command Officer has been made aware of the assignment. The Chief will give his reasons for the assignment. If the reason is not acceptable to the Command Officer involved, he shall have the right to appeal the reassignment to the Reassignment Review Panel within three (3) work days. The Reassignment Panel will only hear appeals of Command Officers who have been reassigned. The decision of the Reassignment Panel shall be final and binding.
   The Reassignment Review Panel shall consist of three (3) members: (1) The Assistant Chief of Police or his designee, (2) the President of the T.P.C.O.A. or his designee, (3) a third party to be agreed upon by the City and the T.P.C.O.A. The panel shall consider written documentation from the Command Officer who is being considered for reassignment and from the Chief of Police. There shall be no ex parte contact with members of the Reassignment Panel before the hearing is held by either party. When an appeal has been made to the Reassignment Review Panel a hearing shall be held by the panel within five (5) work days. The panel will inform the Command Officer and the Chief of their decision within two (2) work days after the hearing. Time limits may only be extended by mutual agreement of the City and the T.P.C.O.A.
   When it is determined by the Chief that it is necessary to reduce the command level of any section, the Command Officer with the least seniority in the affected rank shall be reassigned.
   When a vacancy occurs to which no Command Officer requests assignment, then the Chief shall assign the Command Officer of the appropriate rank with the least seniority to the position.