101.11. Section 26.11. All examinations for positions or promotions shall be practical in their character and shall relate to such matters, and include such inquiries, as will fairly and fully test the comparative merit and fitness of the persons examined to discharge the duties of the employment sought by them. All examinations shall be open to all applicants who have fulfilled the preliminary requirement, stated on other sections of this charter amendment. Notice of the time and place and purpose of every examination shall be given by the commission by publication for two (2) weeks preceding such examination in the official paper of this city, and such notice shall be posted by the commission in a conspicuous place in the office and on the bulletin boards of this city for two (2) weeks before such examination. Such further notice of examinations may be given as the commission shall prescribe. The commission shall adopt reasonable regulations for permitting the presence of representatives of the press at the examination. The commission shall post in a public place at its office the eligible list containing the names and grades of those who have passed examinations for positions or promotions in the fire department, and shall indicate thereon such appointments as may be made from said list. No question in any form of application or in any examination shall be so framed as to elicit information concerning the political or religious opinions or affiliations of any applicant; nor shall inquiries be made concerning such opinions or affiliation; and all disclosures thereof shall be discountenanced. No discrimination shall be exercised, threatened, or promised by any person in the fire department against, or in favor of an applicant, eligible or employee in fire department under this charter amendment because of his political or religious opinions or affiliations.
Vacancies in positions in the fire department shall be filled so far as practical by promotions from among persons holding position in the next lower grade in the department. Promotions shall be based upon merit to be ascertained by tests to be provided by the commission, and upon the superior qualifications of the person promoted as shown by his previous service and experience; provided however, that no person shall be eligible for promotion from the lower grade to the next higher grade until such person shall have completed at least two (2) years service in the next lower grade in the department. Whenever a position becomes vacant for which examinations are held, the appointing power shall make requisitions upon the commission for the name of the person eligible for appointment thereto. The commission shall certify the name of the person highest on the eligible list for the class to which the vacant position has been allocated, who is willing to accept employment. If more than one vacancy is to be filled an additional name shall be certified for each additional vacancy.
The appointing power shall forthwith appoint such person to such position. To enable the appointing power to exercise a choice in the filling of positions or promotions in the fire service, no promotion shall be deemed complete until after the expiration of six (6) months probationary service, during which the appointing power may terminate the employment of the person certified to him or it, if during the performance test thus afforded, upon observation or consideration of the performance of duty, the appointing power deems him unfit or unsatisfactory for such promotion in the department. Whereupon the appointing power shall designate the person, certified as standing next highest on any such list and such person shall likewise enter upon such duties and so on until a person is found who is deemed fit for appointment, whereupon the appointment or promotion shall be deemed complete. The commission shall have the power to determine in each instance whether an increase in salary constitutes a promotion.
Statutory reference:
Examinations, etc., see M.C.L.A. § 38.512