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understandably, employees have to be prepared to report to duty if a hurricane hits. These, however, are not the only times that leave may have to be denied or cancelled. If, for example, a wave of influenza hits the Division and the County cannot otherwise meet minimum staffing, leave may need to be denied or cancelled. It is simply impossible to enumerate all of the circumstances under which leave may need to be denied or cancelled. And, the County cannot agree to any language that could possibly limit the Division's ability to provide services to the public. The fact remains that Local 2201 has not presented any evidence of the County abusing the current authority it has to deny or rescind leave, and no valid basis exists for Local 2201's proposed change. Thus, ¶17.02 should continue to provide that leave "may" be granted. Accordingly, I recommend that the BCC adopt the County's proposal on ¶17.02, attached hereto as Exhibit J, which provides in pertinent part as follows: "The County may allow eight (8) employees off on approved leave per shift. Approved leave shall be defined as Annual Leave, PT day (if any), or Kelly days. Up to two of the eight employees granted leave may be on Kelly days per shift. Kelly days shall be selected first. Any additional employee leave may be granted only with special approval of the Emergency Services Director." 5. ARTICLE 18 — VACANCIES AND PROMOTIONS Issue: The only paragraphs of this Article that remain in dispute are ¶1118.03 (newly numbered), 18.08 (newly numbered), and 18.09 (newly numbered).3 In ¶18.03 (newly numbered), the County seeks to amend the process for promotions to positions within the bargaining unit. Under the current CBA and practice, promotional examinations for the positions of Engineer, Lieutenant, and Captain are given in September of each year. The examinations consist of a written portion prepared and scored in-house by the training division, and a practical portion that is scored by evaluators brought in from other jurisdictions. The scores on both portions of the test are compiled by the training division and presented to a Promotion Board, consisting of 4 members of management and 4 members of the bargaining unit/union, ranked on an eligibility list by highest to lowest scorer. The Promotion Board meets on paid time (e.g., on duty, on overtime), takes the highest 3 scorers and ranks them in order of preference, and presents them to the Emergency Services Director, who then picks among the top 3 Upon further consideration, the County withdraws its proposed changes to 1118.05 (newly numbered), and accepts Local 2201's position and the Special Magistrate's recommendation that ¶18.05 (newly numbered) remain status quo. 9 9