2109.35 Acting Time.
   In Field Operations, the Police Department shall maintain a minimum of two (2) Lieutenants on the 6 x 2, 2 x 10, and the 10 x 6 shifts at all times unless the Police Department opens a third district station whereupon the Police Department shall maintain a minimum of three (3) Lieutenants on a 24-hour seven (7) day a week basis.
   The Police Department shall maintain a minimum of four (4) sergeants on the 6 x 2 shift and five (5) sergeants on the 2 x 10, and the 10 x 6 shifts citywide at all times.
   Except as noted in this section, the Chief of Police or the Deputy Chief in charge of the affected District Station, Division, Section or Unit shall determine when acting time is necessary.
   In all circumstances where recall is necessary, the recall shall be awarded to the rank where the vacancy exists. For example, if a vacancy exists at the lieutenant’s rank and making an acting lieutenant would cause recall to be utilized at the sergeant’s rank, then the recall shall be given to the lieutenant’s rank.
   For the purposes of training, acting time shall be paid when the Command Officer is scheduled to be absent for the entire shift.
   Acting time shall be paid for the actual number of hours worked. When a Command Officer is in an acting capacity, he shall receive the rate of pay entitled to that rank in which he is acting, commensurate with his years of service. When a Command Officer is in an acting capacity on a holiday, he shall be paid at the holiday rate of pay entitled to that rank in which he is acting.
   The Sergeant permanently assigned to the Section or Unit where acting time is necessary and who stands highest on the promotional list for the rank of Lieutenant, shall be given the acting time. In the event that no list exists, or there is no permanently assigned Sergeant on the promotional list, then the permanently assigned Sergeant in the Section or Unit who has the greatest seniority in rank shall be given the acting time.
   For the rank of Captain, acting time will be afforded to the Lieutenant permanently assigned to the affected Section who has finished highest in the in-house selection procedure of the non- competitive promotional examination. In the event there is no such Lieutenant permanently assigned, then the permanently assigned Lieutenant who has the greatest seniority in rank shall be afforded the acting time.
   Other than Field Operations, a Command Officer who has been assigned to a District Station, Division, Section or Unit for less than thirty (30) days within the last two (2) years of assignment, may not be eligible to serve in an acting capacity. Eligibility for acting time in such instances shall be determined by the Deputy Chief in charge of the affected District Station, Division, Section, or Unit.