(A) Permanent Vacancies: Effective January 1, 1997 and thereafter through the life of this contract, the total number of budgeted positions within salary groups 81 and 82 shall not be less than 120-123 unless there is a reduction in the number of fire companies. In the event there is such a reduction, then the number of positions in salary groups 81 and 82 may be reduced by attrition in relation to the number and type of company or companies reduced. All vacancies shall be filled within thirty (30) days provided there is an eligibility list available unless there has been a reduction in budgeted manning levels which reduces the number of Fire Companies in service. In the event that there is no list available at the time the vacancy occurs, then the vacancy shall be filled within thirty (30) days after the list has been established. A promoted officer shall be in a promotional probationary period for forty-five (45) on-duty tours of duty, or for officers promoted to a position on a regular forty (40) hour work schedule, one hundred twenty (120) days of actual work in his/her former rank during this period, he/she shall be reinstated to his/her former rank. In the event the officer is found to be unsuited for the work of the new rank, he/she shall be afforded a hearing in the Chief's office. The employee who has been reduced in rank shall have the right to appeal the action of the Chief in reducing him through the third step of the Grievance Procedure.
(B) Temporary Vacancies: All temporary vacancies in the promoted ranks within the Department of Fire & Rescue Operations shall be filled. Any member who is used in a capacity above their current rank must be able to meet the guidelines set forth in Section 2125.21. The following method is agreed upon.
(1) Filling Captains' Vacancies – Operations
Members in the band on the current Captain's eligibility list shall be used first as Acting Captains. Members within the band shall be used equally according to availability. If no band members are available on that shift, where the vacancy occurs, then one of the three (3) most Senior Lieutenants on the current list on each shift shall be used.
If none of the three (3) most Senior Lieutenants on the current list are available, the most Senior Lieutenant on duty shall be utilized. Lieutenants cannot be forced to act. Lieutenants who agree to be utilized as Acting Captains shall be held responsible for the regularly assigned Captain's duties.
(2) Filling Lieutenants' Vacancies – Operations
Members in the band on the current Lieutenant eligibility list shall be used first as Acting Lieutenants. Members within the band shall be used equally according to availability. If no band members are available on that shift where the vacancy occurs, then one of the three (3) most Senior Firefighters on the current list on each shift shall be used.
If none of the three (3) most Senior Firefighters on the current list are available, the most Senior Firefighter on duty at the station shall be utilized. Firefighters cannot be forced to act. Firefighters who agree to be utilized as Acting Lieutenants shall be held responsible for the regularly assigned Lieutenant's duties.
In the event there is no list available, and it becomes necessary to use acting officers, the most Senior Firefighter on duty at the station shall be utilized. Firefighters cannot be forced to act. If no member wishes to act at that station the most Senior Firefighter in that district shall be utilized.
(Ord. 463-03. Passed 5-27-03.)