Common use of Order of Selection Clause in Contracts

Order of Selection. When there is a vacant or newly created position in the rank of Lieutenant that the City has funded and authorized to be filled, the person with the highest ranking on the final promotional list shall be appointed, except that the Fire Chief shall have the right to pass over that person if the Fire Chief has reason to conclude that the highest ranking person has demonstrated substantial shortcomings in work performance or has engaged in misconduct affecting the person’s ability to perform the duties of Lieutenant since the posting of the promotional list. If the ranking person is passed over, the Fire Chief shall document the reasons for the decision and shall so advise the person passed over. Unless the reason(s) for passing over the highest ranking person on the list at the time of the vacancy is not remediable, no such person shall be passed over more than once. If there is a dispute over the selection of the second highest ranked person, the highest ranked person may file a grievance in accordance with the provisions of the grievance and arbitration procedure set forth in Article V of this Agreement; provided, however, to be considered timely, any such grievance must be filed within seven (7) calendar days of the time the employee was advised that he/she is being passed over. Any such grievance will be filed at Step 2 of the grievance procedure. Any candidate may refuse a promotion once without losing his or her position on the final promotional list. Any candidate who refuses a promotion a second time shall be removed from the final promotion list, provided that such action shall not prejudice a person’s opportunity to participate in future promotional processes.

Order of Selection. When there is a vacant or newly created position in the rank of Lieutenant that the City has funded and authorized to be filled, the person with the highest ranking on the final promotional list shall be appointed, except that the Fire Chief shall have the right to pass over that person if the Fire Chief has reason to conclude that the highest ranking person has demonstrated substantial shortcomings in work performance or has engaged in misconduct affecting the person’s ability to perform the duties of Lieutenant since the posting of the promotional list. If the ranking person is passed over, the Fire Chief shall document the reasons for the decision and shall so advise the person passed over. Unless the reason(s) for passing over the highest ranking person on the list at the time of the vacancy is not remediable, no such person shall be passed over more than once. If there is a dispute over the selection of the second highest ranked person, the highest ranked person may file a grievance in accordance with the provisions of the grievance and arbitration procedure set forth in Article V of this Agreement; provided, however, to be considered timely, any such grievance must be filed within seven (7) calendar days of the time the employee was advised that he/she is being passed over. Any such grievance will be filed at Step 2 of the grievance procedure. Any candidate may xxx refuse a promotion once without losing his or her position on the final promotional list. Any candidate who refuses a promotion a second time shall be removed from the final promotion list, provided that such action shall not prejudice a person’s opportunity to participate in future promotional processes.

Order of Selection. When there is a vacant or newly created position in the rank of Lieutenant or Captain that the City has funded and authorized to be filled, the BOFPC shall appoint to that position the person with the highest ranking on the final promotional list shall be appointedfor that rank, except that the BOFPC, upon recommendation of the Fire Chief Chief, shall have the right to pass over that person and appoint the next highest ranked person on the list if the Fire Chief has reason to conclude that the highest ranking person has demonstrated substantial shortcomings in work performance or has engaged in misconduct affecting the person’s ability to perform the duties of Lieutenant the promoted rank since the posting of the promotional promotion list. If the highest ranking person is passed over, the Fire Chief shall document the his reasons for his decision to select the decision and shall so advise next highest ranking person on the person passed overlist. Unless the reason(s) reasons for passing over the highest ranking person on the list at the time of the vacancy is are not remediable, no such person who is the highest ranking person shall be passed over more than once. If there is a Any dispute over as to the selection of the first or second highest ranked person, the highest ranked highest-ranking person may file a grievance shall be subject to resolution in accordance with the provisions of the grievance and arbitration procedure set forth in Article V VII of this Agreement; provided, however, to be considered timely, any such grievance must be filed within seven three (73) calendar days of the time date the employee was advised that he/she is being passed over. Any such grievance will be filed at Step 2 advised, in writing, of the grievance procedureFire Chief’s reason for passing him/her over. Any candidate may refuse a promotion once without losing his or her position on the final promotional list. Any candidate who refuses a promotion a second time shall be removed from the final promotion list, provided that such action shall not prejudice a person’s opportunity to participate in future promotional processes.

Order of Selection. When there is a vacant or newly created position in the rank of Lieutenant that the City Village Board of Trustees has funded and authorized to be filled, the person with the highest ranking on the final promotional list shall be appointed, except that the Fire Chief shall have the right to pass over that person if the Fire Chief has reason to conclude that the highest ranking person has demonstrated substantial shortcomings in work performance or has engaged in misconduct affecting the person’s ability to perform the duties of Lieutenant since the posting of the promotional listLieutenant. If the ranking person is passed over, the Fire Chief shall document the reasons for the decision and shall so advise the person passed over. Unless the reason(s) reason for passing over the highest ranking person on the list at the time of the vacancy is not remediable, no such person shall be passed over more than once. If there is a dispute over the selection of the second highest ranked person, the highest ranked person may file a grievance in accordance with the provisions of the grievance and arbitration procedure set forth in Article V XIII of this Agreement; provided, however, to be considered timely, any such grievance must be filed within seven (7) calendar days 48 hours of the time the employee was has been advised that he/she is being passed over. Any such grievance will be filed at Step 2 3 of the grievance procedure. Any candidate may refuse a promotion once without losing his or her position on the final promotional list. Any candidate who refuses a promotion a second time shall be removed from the final promotion list, provided that such action shall not prejudice a person’s opportunity to participate in future promotional processes.

Order of Selection. When there is a vacant or newly created position in the rank of Lieutenant or Captain that the City has funded and authorized to be filled, the BOFPC shall appoint to that position the person with the highest ranking on the final promotional list shall be appointedfor that rank, except that the BOFPC, upon recommendation of the Fire Chief Chief, shall have the right to pass over that person and appoint the next highest ranked person on the list if the Fire Chief has reason to conclude that the highest ranking person has demonstrated substantial shortcomings in work performance or has engaged in misconduct affecting the person’s ability to perform the duties of Lieutenant the promoted rank since the posting of the promotional promotion list. If the highest ranking person is passed over, the Fire Chief shall document the his reasons for his decision to select the decision and shall so advise next highest ranking person on the person passed overlist. Unless the reason(s) reasons for passing over the highest ranking person on the list at the time of the vacancy is are not remediable, no such person who is the highest ranking person shall be passed over more than once. If there is a Any dispute over as to the selection of the first or second highest ranked person, the highest ranked highest-ranking person may file a grievance shall be subject to resolution in accordance with the provisions of the grievance and arbitration procedure set forth in Article V VII of this Agreement; provided, however, to be considered timely, any such grievance must be filed within seven three (73) calendar days of the time date the employee was advised that heis advised, in writing, of the Fire Chief’s reason for passing him/she is being passed her over. Any such grievance will be filed at Step 2 of the grievance procedure. Any candidate may xxx refuse a promotion once without losing his or her position on the final promotional list. Any candidate who refuses a promotion a second time shall be removed from the final promotion list, provided that such action shall not prejudice a person’s opportunity to participate in future promotional processes.

Order of Selection. When there is a vacant or newly created position in the rank of Lieutenant lieutenant that the City Village Board of Trustees has funded and authorized to be filled, the BFPC shall appoint the person with the highest ranking on the final promotional list shall be appointedlist, except that the Fire Chief BFPC shall have the right to pass over that person if the BFPC, upon recommendation by the Fire Chief Chief, has reason to conclude that the highest ranking person has demonstrated substantial shortcomings in work performance or has engaged in misconduct affecting the person’s ability to perform the duties of Lieutenant since the posting of the promotional listprocess began. If the ranking person is passed over, the Fire Chief BFPC shall document the reasons for the decision and shall so advise the person passed over. Unless the reason(s) reason for passing over the highest ranking person on the list at the time of the vacancy is not remediable, no such person shall be passed over more than once. If there is a dispute over the selection of the second highest ranked person, the highest ranked person may file a grievance in accordance with the provisions of the grievance and arbitration procedure set forth in Article V VI of this Agreement; provided, however, to be considered timely, any such grievance must be filed within seven five (75) calendar days of the time the employee was has been advised that he/she is being passed over. Any such grievance will be filed at Step 2 3 of the grievance procedure. If a grievance is filed, the promotion shall be held in abeyance pending completion of the grievance process. Any candidate on the promotion list may refuse a promotion once without losing his or her position their place on the final promotional list. Any If such candidate who refuses a promotion a second time time, however, then he or she shall be removed from the final promotion promotional list, provided that such action shall not prejudice a personthe individual’s opportunity to participate in future promotional processes.

Order of Selection. When there is a vacant or newly created position in the rank of Lieutenant that the City Village Board of Trustees has funded and authorized to be filled, the person with the highest ranking on the final promotional list shall be appointed, except that the Fire Chief shall have the right to pass over that person if the Fire Chief has reason to conclude that the highest ranking person has demonstrated substantial shortcomings in work performance or has engaged in misconduct affecting the person’s ability to perform the duties of Lieutenant since the posting of the promotional listLieutenant. If the ranking person is passed over, the Fire Chief shall document the reasons for the decision and shall so advise the person passed over. Unless the reason(s) reason for passing over the highest ranking person on the list at the time of the vacancy is not remediable, no such person shall be passed over more than once. If there is a dispute over the selection of the second highest ranked person, the highest ranked person may file a grievance in accordance with the provisions of the grievance and arbitration procedure set forth in Article V XIII of this Agreement; provided, however, to be considered timely, any such grievance must be filed within seven (7) calendar days 48 hours of the time the employee was has been advised that he/she is being passed over. Any such grievance will be filed at Step 2 3 of the grievance procedure. Any candidate may xxx refuse a promotion once without losing his or her position on the final promotional list. Any candidate who refuses a promotion a second time shall be removed from the final promotion list, provided that such action shall not prejudice a person’s opportunity to participate in future promotional processes.