Common use of Order of Selection Clause in Contracts

Order of Selection. Whenever a promotional rank is created or becomes vacant due to resignation, discharge, promotion, death or the granting of a disability or retirement pension, or any other cause, the appointing authority shall appoint to that position the person with the highest ranking on the final promotional list for that rank, except that the appointing authority shall have the right to pass over that person and appoint the next highest ranked person on the list if the appointing authority 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 the promoted rank since the posting of the promotional list. If the highest-ranking person is passed over, the appointing authority shall document its reasons for its decision to select the next highest-ranking person on the list. Unless the reasons for passing over the highest- ranking person are not remediable, no person who is the highest-ranking person on the list at any time of the vacancy shall be passed over more than once. Any dispute as to the selection of the first or second highest-ranking person shall be subject to resolution in accordance with the grievance procedure in Article 28 of this Agreement.

Order of Selection. Whenever a promotional rank is created or becomes vacant due to resignation, discharge, promotion, death death, or the granting of a disability or retirement pension, or any other cause, the appointing authority shall appoint to that position the person with the highest ranking on the final promotional promotion list for that rank, except that the appointing authority shall have the right to pass over that person and appoint the next highest ranked person on the list if the appointing authority 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 the promoted rank since the posting of the promotional promotion list. If the highest-ranking person is passed over, the appointing authority shall document its reasons for its decision to select the next highest-ranking person on the list. Unless the reasons for passing over the highest- highest-ranking person are not remediableremedial, no person who is the highest-ranking person on the list at any the time of the vacancy shall be passed over more than once. Any dispute as to the selection of the first or second highest-highest- ranking person shall be subject to resolution in accordance with the grievance procedure in Article 28 25 of this Agreementagreement.