Establishing a Merit System of Promotions for the Bureau of Police

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shall further provide that if any member is aggrieved with the per- formance rating given him by any rater, he shall have the right to appeal to the Board for a review of the rating within ten days after the notice of the rating has been sent to him, and the Board, after reviewing the rating, shall have the authority to affirm the rating or to increase the rating according to the finding of the review. SECTION VII. All promotions provided for herein shall be probationary for the first year. At the end of such year, the immediate superior officer shall re- view the performance ratings of the probationary officer and recommend to the Commission whether the promotion shall be made permanent or whether the promotion shall be revoked. The Board shall prepare an appropriate rating chart for the superior officer's use in making his report. The Board shall review the report and make its determination as to the disposition to be made. The probationary officer may appear before the Board and be heard on any matter detrimental to him in the superior officer's report by filing a written appeal to the Board with- in ten days of the recommendation being filed. He shall have the right to be represented by counsel. All actions of the Board are final. In the event the promotion is finally revoked, the officer shall not be returned to a rank lower than he held prior to the time of the proba- tionary promotion. The Board shall prepare and publish appeal proce- dures to be followed for appeals to the Board from the report of the superior officer as provided in I.C. 18- 1 -11 -3 and I.C. 18- 1 -4 -2. SECTION VIII. Every officer holding permanent rank will be subject to a performance rating every six (6) months as provided in Section VI (b) of this Act. Should any officer holding permanent rank receive a performance rating less than satisfactory for a six (6) month period, the Board shall be notified in writing of such rating by the Chief of Police; providing further that the officer receiving such unsatisfactory rating shall have the right to appeal to the Board for a review of the rating within ten (10) days after the notice of the rating has been sent to him as provided in Section VI of this Act; and the Board, after reviewing the rating, shall have the authority to affirm the rating or to increase the same. Should the rating be affirmed, the rated officer shall be re- moved from the permanent status and given temporary status in the rank and position for which he received an unsatisfactory rating. Such action shall be considered as probationary from the effective date of change of status; provided further, that such temporary status shall not exceed six (6) months during which two (2) performance ratings shall be made as provided in Section VI (b) of this Act. At the end of six (6) months, the immediate superior officer shall review the performance ratings of the probationary officer and recommend to the Chief of Police whether the promotion shall be reinstated as permanent or whether the rank shall be revoked. The chief shall forward said recommendation to the Board to review the report and shall make its determination as to the disposition to be made. The probationary officer may appear before the Board and be heard on any matter detrimental to him in the superior officer's re- port by filing a written appeal to the Board within ten days of the re- commendation being filed. He shall have the right to be represented by counsel. In the event the promotion is finally revoked the officer shall not be returned to a rank more than one grade below that held prior to the time of his promotion. The Board shall prepare and publish appeal procedures to be followed for appeals to the Board from the report of the superior officer. SECTION IX. Initially, upon the effective date of this Act, the promotion to any vacant rank, except that of Chief of Police and Divisional Chiefs of Police, shall be open to any member of the department who has passed the competitive examination provided, that any such member shall have - 5 -