§ 11.24. Alternate promotional system.

(a)

On the recommendation of the Department Head of the police or fire department and a majority vote of the Sworn Employees in the affected department, the Commission may adopt an alternate promotional system to select persons to occupy non-entry level positions other than positions that are filled by appointment by the Department Head.

(b)

Upon the receipt of a recommendation by the Department Head for a revised promotional system, the Commission may order the Director to conduct an election and to submit the revised promotional system either to all Sworn Employees within the rank immediately below the classification for which the promotional examination is to be administered or to all Sworn Employees in the affected department.

(c)

The Director shall hold the election on or after the 30th day after the date [of] notice of the election is posted at the affected department. The election shall be conducted throughout each regular work shift at an accessible location within the department during a 24-hour period. (In the Fire Department, such election shall be conducted throughout each regular work shift at an accessible location within the department during three consecutive 24-hour periods.)

(d)

The ballot shall contain the specific amendment to the promotional procedure. Each Sworn Employee in the affected department shall be given the opportunity to vote by secret ballot "for" or "against" the amendment.

(e)

The revised promotional system must be approved by a majority vote of the affected Sworn Employees voting. A defeated promotional system amendment may not be placed on a ballot for a vote by the affected Sworn Employees for at least 12 months after the date the prior election was held, but this provision does not apply if the head of the department recommends a different proposal to the Commission.

(f)

The Commission shall canvass the votes within 30 days after the date the election is held. An appeal alleging election irregularity must be filed with the Commission within five business days after the date the election closes. If approved by the affected Sworn Employees, the promotional system amendment becomes effective after all election disputes have been ruled on and the Commission has canvassed the election votes.

(g)

At any time after an alternate promotional system has been adopted under this section and has been in effect for at least 180 days, the Department Head may petition the Commission to terminate the alternate system, and the Commission shall determine whether or not to terminate the alternate system.

(h)

At any time after an alternate promotional system has been adopted under this section and has been in effect for at least 180 days, a petition signed by at least 35 percent of the affected Sworn Employees may be submitted to the Commission asking that the alternate promotional system be reconsidered. If a petition is submitted, the Commission shall, within 60 days after the date the petition is filed, hold an election as prescribed by this section. If a majority of those voting vote to terminate, the Commission shall determine whether or not to terminate the alternate promotional system.

(i)

If the alternate system is terminated, an additional eligibility list may not be created under the alternate system.

(j)

An eligibility list may not be created if an election under this section is pending. An existing eligibility list, whether created under the system prescribed by this article or created under an alternate system adopted under this section, may not be terminated before or extended beyond its expiration date. A Sworn Employee promoted under an alternate system has the same rights and the same status as a Sworn Employee promoted under this article even if the alternate system is later terminated.

(Ord. of 11-17-08)