Establishing a Merit System of Promotions for the Bureau of Police

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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 unsatis- factory 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 removed 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 proba- tionary 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 within ten days of the recommendation 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 promo- tion. 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 ex- amination provided, that any such member shall have had three (3) years of service, in the Bureau at the time of promotion to the rank of corporal; four (4) years of service at the time of promotion to the rank of sergeant; five (5) years of service at the time of promotion to the rank of lieutenant; six (6) years of service at the time of promotion to the rank of captain. Provided further: that all active members of the Bureau hold- ing rank shall be considered as holding temporary rank until the implementation of this Act. Such members shall be exempt from promotional consideration unless they have qualified for higher rank by the examination process as provided in this Act. Members holding temporary rank shall be subject to the same provisions of performance evaluation as required for those holding probationary rank and shall further be subject to the same procedure of probation and possible revocation of rank should they receive two (2) consecutive ratings of unsatisfactory as provided in Section VIII of this Act. In the event of revocation and demotion, they shall not be demoted lower than the rank for which they have qualified by the promotional process of this Act. SECTION X. When all positions have been filled according to the implementa- tion of this Act, all promotions to any rank shall be from the eligibility list of officers holding permanent status in the immediate lower rank provided that the per- son to be promoted shall have qualified in time of service required by this Act; pro- vided, further that no acting rank shall exceed one hundred and twenty (120) days; except where an acting rank is created to fill a vacancy because of the illness, injury, or military leave of an officer who holds permanent rank. In any event any acting rank shall be filled from the existing eligibility list for such rank to be filled. -5-