[Ord. 42-1971 § 4, passed 6-30-1971]
The Board shall establish and maintain such eligible lists for
each rank as are necessary to meet the needs of the Police Bureau.
Each such list shall contain the names and address of each applicant
who passed the examination, his final average scores and his rank
on the list.
[Ord. 42-1971 § 4, passed 6-30-1971]
The Board shall maintain by rank, as required, the following
eligible lists:
(a)
A lay-off list, containing the names of persons who have been involuntarily
reduced in rank or laid off. The names of persons shall appear on
the list in reverse order of the date of lay-off.
(b)
A reinstatement list, containing the names of all persons who have
resigned in good standing and who have requested return to the Bureau.
Such names shall appear on the list in the order of their date of
resignation, the most recent resignation ranked last.
(c)
A military list, containing the names of all persons certified for
promotion but who could not accept promotion because of being in the
military service or preparing to go into the military service. Such
names shall appear on the list on the basis of the date of their first
certification with the person most recently certified ranked last.
(d)
A promotional list, containing the names of all persons eligible
for promotion as determined by the examination procedures established
by these rules. Such names shall appear on this list in the order
of their final examination score as determined by these rules.
[Ord. 42-1971 § 4, passed 6-30-1971]
The order of names of passing candidates on the promotion list
shall be determined as follows:
(a)
First, by the general average score, in descending order of scores.
(b)
Second, in the event of a tie, the tie shall be broken by placing
first, the name of the eligible who filed his application first.
(c)
Third, if two or more eligibles with tied scores filed their application
on the same date, the tie shall remain unbroken, the names on the
eligible list shall be marked "tied" and they shall be certified together.
[Ord. 42-1971 § 4, passed 6-30-1971]
Whenever the Board determines that a manifest error in scoring
or averaging a candidate's papers has occurred, the final average
score and rank on the eligible list shall be corrected forthwith by
the President by his signing a corrected list. Such corrected list
shall, upon signature, replace the previous list which it corrects.
All certifications from which no promotion has been made shall be
withdrawn and new certifications made in accordance with the corrected
list. However, the correcting of an eligible list shall not invalidate
any appointment made prior to the discovery of the manifest error.
[Ord. 42-1971 § 4, passed 6-30-1971]
All eligible lists shall be posted as a public record in the
office of the City Clerk and in the Police Bureau.
[Ord. 42-1971 § 4, passed 6-30-1971]
A promotional eligible list shall be in effect for at least
six months and, at the discretion of the Board, may be extended for
no more than 18 additional months.
A lay-off list shall be in effect indefinitely or until all
laid off personnel are returned to their rank. A person's name
shall remain on a military list for a period of one year after the
date of his honorable discharge from the military service. A person's
name shall appear on a reinstatement list for a period of 30 days
from his resignation.
The Board shall determine that an eligible list is exhausted
whenever all persons thereon, who are willing to accept appointment,
have been appointed.
[Ord. 42-1971 § 4, passed 6-30-1971]
Whenever a position, covered by these rules, is to be filled
by promotion, the Chief of Police shall make requisition to the Board
for eligibles for appointment to the rank for which the vacancy exists.
Such requisition shall be upon the form provided by the Board. If
certification is required, the Board shall certify eligibles promptly.
[Ord. 42-1971 § 4, passed 6-30-1971]
Eligibles shall be certified, in order, from eligible lists
for the ranks in the following order:
[Ord. 42-1971 § 4, passed 6-30-1971]
The Board shall certify the names of the three eligibles who
stand highest on the appropriate eligible list or lists for the rank
of the vacancy to be filled. If there are fewer than three names on
a list other than the lay-off list, then names standing highest on
the next list in order of priority shall be certified until three
names are certified or until all lists for that rank are exhausted.
All employees on lay-off lists shall be restored to their rank before
certifications from other lists are commenced.
The names of all eligibles which remain in an unbroken tie with
the third highest eligible certified shall also be certified.
All certifications shall be signed by either the President or
the Secretary of the Board.
In the event that there are less than three names remaining
on all lists for the rank, the Board shall certify those names remaining.
The Mayor may appoint one of the eligibles certified or, at his option,
may ask the Board to establish a new eligible list.
[Ord. 42-1971 § 4, passed 6-30-1971]
The Board may cancel the previous promotion of an employee from an eligible list when it has determined that the employee has practiced any fraud in the examination process, as set forth in Section 133.16.
[Ord. 42-1971 § 4, passed 6-30-1971]
An eligible who has been certified or tendered reinstatement
from a lay-off or reinstatement list may waive such certification
or reinstatement upon giving a reason satisfactory to the Board, without
losing his place on the eligible list. If the reasons assigned are
not satisfactory to the Board, or the eligible refuses to accept a
promotion tendered, then his name shall be removed from the eligibility
list.
All waivers of certification must be filed with the Board within
five days from the date of certification. In the absence of such waiver,
an eligible applicant who refuses to accept a promotion tendered,
shall be removed from the list and the next person certified in his
place.
If, within 30 days from the date of certification, the eligible
applicant so removed furnishes good and sufficient reason satisfactory
to the Board for his failure to accept promotion, he may be restored
to the bottom of the eligible list. But in the absence of any such
excuse, his removal from the eligible list at the expiration of such
30 days shall be final.
Persons on authorized leaves of absence shall be notified of
their certification for promotion and shall be given the opportunity
to either return from leave to accept the promotion or to waive certification.
If the employee decides to waive certification, he must notify the
Board of such decision within a reasonable time as determined by the
Board. However, the five day notification provision need not be adhered
to in cases of employees on authorized leaves of absence.
Employees in the military service through authorized military
leave shall be considered to have waived certification for the duration
of time he is in service. Any employee in military service, who has
waived certification because of his military service shall, at the
expiration of the promotional eligible list upon which his name appears,
have his name placed on a military eligible list. Employees shall
be ranked upon such list in accordance with the date of their first
waiver of certification with the employee who waived first ranked
first, etc. An employee in military service, who was never certified,
even though ranked on an eligible list, shall not have his name placed
on the military list when the promotion list expires.
[Ord. 42-1971 § 4, passed 6-30-1971]
The Chief of Police shall select from the eligibles certified
to him and recommend to the Mayor the eligible to be promoted. The
Mayor shall make all promotion appointments. The Chief shall make
such recommendation within seven calendar days from the receipt of
the certification. Any certification from which no promotion has been
made for a period of 30 calendar days from the date it was signed
shall be invalid. If the Chief of Police still desires to fill the
vacancy, he must request a new certification.
[Ord. 42-1971 § 4, passed 6-30-1971]
A temporary appointment may be made by the Mayor to fill a vacancy
in a permanent position which results from a regular employee being
on an authorized leave of absence.
Each temporary appointment shall be made, if possible, from
the appropriate eligible list and shall be for a specific period.
The acceptance of such a temporary appointment by an eligible shall
not affect his standing on the eligible list, nor his eligibility
for promotional appointment.
[Ord. 42-1971 § 4, passed 6-30-1971]
In accordance with the provisions of Section 133.25, emergency appointments may be made by the Mayor in cases of riots, conflagration or other emergency which threatens the property or the general welfare of the City. An emergency appointment shall continue only during the period of such emergency and shall, under no condition, continue longer than 30 calendar days. No person shall be given emergency appointments which aggregate more than 30 days in any period of six consecutive months.
[Ord. 42-1971 § 4, passed 6-30-1971]
A position may be filled by a demotion of an employee upon his
own initiative or, with his concurrence, and with the approval of
the Board and the Mayor. This voluntarily demoted person shall receive
the same status in the new rank that he had in the rank from which
he was demoted.
A position may also be filled by the involuntary demotion of any employee for inability to perform the duties of the position, such determination to be made by the Mayor upon recommendation of the Chief of Police or in accordance with the provisions of Section 133.55 of these rules.
[Ord. 42-1971 § 4, passed 6-30-1971]
A position may also be filled by the re-employment of a person
returning from authorized leave of absence or military leave of absence.
