| (A) No positions above the rank of
patrol
officer
in the | 10 |
|
police department shall be filled by original appointment. | 11 |
|
Vacancies in positions above the rank of
patrol
officer
in a | 12 |
|
police department shall be filled by promotion from among
persons | 13 |
|
holding positions in a rank lower than the position to be
filled. | 14 |
|
No position above the rank of
patrol officer in
a
police | 15 |
|
department
shall be filled by any person unless
the
person has | 16 |
|
first
passed a
competitive promotional examination.
Promotion | 17 |
|
shall be by
successive ranks
insofar as
practicable, and no person | 18 |
|
in a police
department shall be
promoted to a position in a higher | 19 |
|
rank who
has not served at
least twelve months in the next lower | 20 |
|
rank.
A municipal civil
service commission may require a period of | 21 |
|
service of longer than
twelve months for promotion to the rank | 22 |
|
immediately above the rank
of patrol officer. | 23 |
| No
competitive promotional examination shall be held unless | 24 |
|
there
are at least two persons eligible to compete. Whenever a | 25 |
|
municipal or civil service township civil service commission | 26 |
|
determines that there are less than two persons holding positions | 27 |
|
in the rank next lower than the position to be filled, who are | 28 |
|
eligible and willing to compete,
the commission shall allow
the | 29 |
|
persons holding positions in the then next lower rank who are | 30 |
|
eligible, to compete with the persons holding positions in the | 31 |
|
rank lower than the position to be filled. | 32 |
| If a
vacancy occurs in
a position above the rank of
patrol | 38 |
|
officer in a police department, and there is no
eligible list
for | 39 |
|
such rank,
the municipal or civil service
township civil service | 40 |
|
commission
shall, within sixty days of
that vacancy, hold a | 41 |
|
competitive
promotional examination. After
the examination has | 42 |
|
been held
and an eligible list
established, the commission shall | 43 |
|
forthwith
certify to the
appointing officer the
name of the
person | 44 |
|
on
the list
receiving the highest rating. Upon
the
certification, | 45 |
|
the
appointing officer shall appoint the
person so certified | 46 |
|
within
thirty days from the date of
the certification. If there is | 47 |
|
a
list, the commission shall,
when there is a vacancy, immediately | 48 |
|
certify the
name
of the
person
on the list having the highest | 49 |
|
rating,
and the
appointing authority shall appoint
that person | 50 |
|
within thirty days
from the date of
the
certification. | 51 |
| (B) The legislative authority of a city may, by a | 56 |
|
three-fourths vote of its membership, adopt an ordinance that | 57 |
|
grants the mayor of the city the authority to appoint the chief of | 58 |
|
the police department, provides procedures for the appointment of | 59 |
|
the chief of the police department that differ from the procedures | 60 |
|
provided in this chapter so long as they comply with this | 61 |
|
division, and that allows qualified law enforcement officers from | 62 |
|
outside the police department to take the competitive promotional | 63 |
|
examination for chief of the police department. | 64 |
|
To be eligible to be appointed to the position of chief of | 65 |
|
the police department, an applicant shall pass the competitive | 66 |
|
promotional examination for that position. The mayor, however, may | 67 |
|
appoint any eligible person, whether or not that person has | 68 |
|
received the highest rating on the competitive promotional | 69 |
|
examination, if the legislative authority has adopted an ordinance | 70 |
|
that so provides. | 71 |
| When a vacancy occurs in the promoted rank immediately
above | 81 |
|
the rank of regular
fire fighter, no person shall
be
eligible to | 82 |
|
take the examination unless
the person has served
forty-eight | 83 |
|
months, not including the person's
probationary period, in
the | 84 |
|
rank of regular
fire fighter,
provided
that, in those
cases
when | 85 |
|
there
are less than two
persons in the rank of regular
fire | 86 |
|
fighter who have
served
forty-eight months, not including the | 87 |
|
person's probationary period, in that rank and
who are willing to | 88 |
|
take
the examination,
this service
requirement does not
apply. | 89 |
| When a vacancy occurs in a promoted rank, other than the | 90 |
|
promoted rank immediately above the rank of regular
fire
fighter, | 91 |
|
no person shall be eligible to take the examination
unless
the | 92 |
|
person has served twelve months in the rank from
which
the | 93 |
|
promotion is to
be made, provided
that, in those cases
when there | 94 |
|
are less than two
persons in
that next lower
rank who have served | 95 |
|
twelve months
in that rank and
who
are willing to take the | 96 |
|
examination, the
twelve-month
service requirement shall not apply. | 97 |
|
If the
nonapplication of
the twelve-month service requirement to | 98 |
|
persons
in the next lower
rank does not produce two persons | 99 |
|
eligible and
willing to
compete,
the same method shall be followed | 100 |
|
by
going to
successively lower ranks until two or more persons are | 101 |
|
eligible
and willing to compete in an examination for the vacancy.
| 102 |
|
If this process of searching successively lower ranks
reaches
the | 103 |
|
rank of regular
fire fighter, the
forty-eight-month
service | 104 |
|
requirement applies, provided
that, in
those cases
when that | 105 |
|
application still fails to
produce two persons who are eligible | 106 |
|
and willing to compete,
the forty-eight-month service
requirement | 107 |
|
does not
apply.
If two persons are
unwilling to compete for
the | 108 |
|
examination,
the one person
who is willing to
compete shall be | 109 |
|
appointed to fill the vacancy
after passing a
qualifying | 110 |
|
examination. | 111 |
| Promotional examinations for positions within a fire | 112 |
|
department shall relate to those matters
that test the
ability
of | 113 |
|
the person examined to discharge the particular duties
of the | 114 |
|
position sought,
shall include a written testing component, and, | 115 |
|
in
examinations for positions requiring the operation of machines | 116 |
|
or
equipment, may include practical demonstration tests of the | 117 |
|
operation of
those
machines or equipment as a part of the | 118 |
|
examination. | 119 |
| Those persons who compete in a promotional examination in | 120 |
|
accordance with the rules of the civil service commission shall | 121 |
|
have added to their grade credit for seniority. Credit for | 122 |
|
seniority shall be given as follows: one point shall be added
for | 123 |
|
each of the first four years of service, and six-tenths of a
point | 124 |
|
shall be added for each year for the next ten years of
service.
In | 125 |
|
computing the credit for seniority, half of the
credit
specified | 126 |
|
in this paragraph shall be given for a half year
of
service. | 127 |
|
Credit for seniority shall be based only on service in
the | 128 |
|
municipal or civil service township fire department and the | 129 |
|
service provided for in the next succeeding paragraph. | 130 |
| Credit for efficiency may be given as an added credit,
shall | 136 |
|
be ten per cent of the member's efficiency rating for the
last | 137 |
|
year, and shall be based on the record of efficiency
maintained in | 138 |
|
the fire department in the manner established by
the
civil service | 139 |
|
commission, provided the efficiency shall be
graded
by three | 140 |
|
ranking officers of the fire department familiar
with the
work of | 141 |
|
the member. In those cases
when three such
officers
do not exist, | 142 |
|
the ranking officers or officer familiar
with the
work of the | 143 |
|
member shall grade the efficiency. | 144 |
| The public notice of a holding of a promotional examination | 154 |
|
for a position or positions in a fire department shall, unless | 155 |
|
waived by all persons eligible to participate, be published not | 156 |
|
less than thirty days prior to the examination and shall contain
a | 157 |
|
description of the source material from which the examination | 158 |
|
questions are prepared.
The source material shall be readily | 159 |
|
accessible to the examinee. Failure to comply with this | 160 |
|
requirement shall make void the pursuant examination. This | 161 |
|
paragraph does not prohibit the use of questions having answers | 162 |
|
based on experience in the fire service within the fire
department | 163 |
|
in which the promotional examination is being given. | 164 |
| (B) The legislative authority of a city may, by a | 165 |
|
three-fourths vote of its membership, adopt an ordinance that | 166 |
|
grants the mayor of the city the authority to appoint the chief of | 167 |
|
the fire department, provides procedures for the appointment of | 168 |
|
the chief of the fire department that differ from the procedures | 169 |
|
provided in this chapter so long as they comply with this | 170 |
|
division, and that allows qualified persons from outside the fire | 171 |
|
department to take the competitive promotional examination for | 172 |
|
chief of the fire department. | 173 |
|
To be eligible to be appointed to the position of chief of | 174 |
|
the fire department, an applicant shall pass the competitive | 175 |
|
promotional examination for that position. The mayor, however, may | 176 |
|
appoint any eligible person, whether or not that person has | 177 |
|
received the highest rating on the competitive promotional | 178 |
|
examination, if the legislative authority has adopted an ordinance | 179 |
|
that so provides.
| 180 |