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A TRUE COPY CERTIFICATION ON LAST PAGE. RYAN L. BUTLER, CLERK ARTICLE 18 VACANCIES AND PROMOTIONS 18.01 The decision whether or not to fill a bargaining unit vacancy shall be within the sole discretion of the Fire Chief. Should the Fire Chief decide to fill the vacancy, the filling of the vacancy shall be in accordance with the District Personnel Rules and Regulations, except as modified herein. 18.02 Promotional examinations for bargaining unit positions shall be held during the months of August and September. The Fire Chief, after consultation with the Union President may hold promotional examinations at another time should the need arise. 18.03 The Assistant Fire Chief of Training shall rank all of the candidates, and shall forward the entire list of ranked candidates to the Fire Chief. The rankings shall be determined based upon the point system formulated in this Article. In order to be eligible, a candidate for the rank of Driver/Engineer shall have at least three (3) years of service with the Department as a Paramedic Firefighter; a candidate for Rescue Sergeant shall have at least three (3) years of service with the Department as a Paramedic Firefighter and at least one (1) year as a protocoled and released Paramedic authorized to operate as such by the Medical Director, and a candidate for the rank of Lieutenant shall have at least three (3) years of service with the Department as a Driver/Engineer and/or Rescue Sergeant. The Fire Chief shall select from the top three candidates the individual he believes, in his discretion, is most qualified for the position. Once the selection is made, the list shall automatically reset to advance the next highest -ranked candidate to the top three. In the event there are fewer than three employees on the promotional list, or the list is exhausted, the Fire Chief shall have the authority to appoint an employee who is not on the promotional list that the Fire Chief believes, in his discretion, is most qualified for the position; provided that the employee selected must be qualified to work out -of - classification for the position. In appointing an employee who is not on the list, the Fire Chief shall consider the employee's job performance, disciplinary actions, college degrees, additional training courses, certifications, leadership, attitude, attendance, and seniority. No appointed employee shall be forced to accept a promotion. All personnel to be 30