§ 33.009 PROMOTIONS IN THE DEPARTMENT.
   (A)   To patrol officer first class.
      (1)   There will no written examination for patrol officer for the rank of patrol officer first class.
      (2)   The Sheriff shall recommend to the Merit Commission those patrol officers who merit promotion because of satisfactory performance of duty, which shall be stated in the recommendation.
      (3)   Upon receiving the recommendation, the Merit Commission will interview the officer recommended and review his or her fitness reports. If in the opinion of the Commission, he or she is qualified for the recommended promotion, the Commission will then certify him or her for promotion to the higher rank.
   (B)   To sergeant.
      (1)   Eligibility. To be eligible for promotion to sergeant, an officer must meet the following requirements:
         (a)   Must have served as a patrol officer first class in the County Police Department for at least two years;
         (b)   Must have taken and passed the promotional examination for sergeant offered by the Merit Commission; and
         (c)   At the time of notification of the holding of an examination for promotion, must not be in any of the following categories:
            1.   Under suspension by order of the Merit Commission;
            2.   On leave of absence, except for military service, for 15 or more days; and
            3.   On inactive duty due to disability.
      (2)   Examination. A written examination shall be given by the Merit Commission as needed and at the discretion of the Commission.
      (3)   Score. In compiling the total score of the sergeant’s promotional examination, the following formula will be used in determining the grades which will be posted.
         (a)   Results of written promotional examination = 50%;
         (b)   Efficiency mark, as prepared and forwarded to the Merit Commission by the Sheriff or by the Chief of the County Police Department = 25%; and
         (c)   Results of the oral examination = 25%.
      (4)   Certification for promotion to sergeant.
         (a)   The Merit Commission shall notify those who have taken the promotional examination of their total score computed in accordance with the above formula and of their numerical rank among those who took the examination.
         (b)   Thereafter, upon receiving notice from the Sheriff that a vacancy, or vacancies, exist in the rank of sergeant, the Merit Commission will conduct oral interviews of candidates in the order of their rank, based on the total score, and shall certify to the Sheriff those candidates deemed by the Commission to be qualified for promotion to sergeant.
         (c)   The Merit Commission may certify for promotion more candidates than there are vacancies then existing in the rank of sergeant.
      (5)   Posting of certified promotion lists. The promotional list certified to the Sheriff, or a copy thereof, shall be posted in the central office and in the various stations of the County Police Department.
      (6)   Duration of certified promotional list. A promotional list certified to the Sheriff shall remain in force for two years from the date of certification or until a subsequent promotional examination shall have been given by the Merit Committee, whichever period is shorter.
      (7)   Withdrawal of application. An applicant for appointment to the rank of sergeant who shall decline to accept the appointment within 60 days after it is offered to him or her, shall be deemed to have withdrawn his or her application and his or her name shall be stricken forthwith from the list of those certified.
   (C)   To lieutenant.
      (1)   Eligibility. To be eligible for promotion to lieutenant, an officer must meet the following requirements:
         (a)   Must have served as a sergeant in the County Police Department for at least two years;
         (b)   Must have taken and passed the promotional examination for lieutenant offered by the Merit Commission; and
         (c)   At the time of notification of the holding of an examination for promotion, must not be in any of the following categories:
            1.   Under suspension by order of the Merit Commission at any time during the preceding year;
            2.   On leave of absence, except for active military service, for 15 or more days; and
            3.   On inactive duty due to disability.
      (2)   Examination. The Merit Commission shall give a written examination for promotion to the rank of lieutenant.
      (3)   Score. In compiling the total score of candidates for lieutenant by promotion or appointment, the following formula will be used in determining the total grade of candidates for promotion to the rank of lieutenant:
         (a)   Results of the written promotional examination = 50%;
         (b)   Efficiency mark as prepared and forwarded to the Merit Commission by the Sheriff or by the Chief of the County Police Department = 25%; and
         (c)   Oral examination = 25%.
      (4)   Certification for promotion to lieutenant.
         (a)   The Merit Commission shall notify those who have taken the written examination for lieutenant of their total score computed in accordance with the above formula and of their numerical rank among those who took the examination.
         (b)   Thereafter, upon receiving notice from the Sheriff that a vacancy, or vacancies, exist in the rank of lieutenant, the Merit Commission will interview candidates in the order of their numerical rank, and shall certify to the Sheriff those candidates deemed by the Commission to be qualified for appointment, or promotion, to the rank of lieutenant.
         (c)   The Merit Commission may certify more candidates than there are vacancies existing in the rank of lieutenant.
         (d)   An applicant for appointment to the rank of lieutenant who shall decline to accept the appointment within 60 days after it is offered to him or her, shall be deemed to have withdrawn his or her application and his or her name shall be stricken forthwith from the list of those certified.
      (5)   Duration of certified list. The list certified to the Sheriff shall remain in force for two years or until a subsequent examination shall have been given, whichever period is shorter.
(1980 Code, § 33.09) (1966 pp. 17—20, adopted 1- -1966) (Sup. Rec. Bk. 237, pp. 90—91)