Res 2009-169 - Laserfiche WebLink

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Section 3. Effective date of certain new positions. The three (3) Captain and three (3) Engineer positions provided in the Budget Ordinance to provide staffing for the new fire station opening in 2010 will become effective upon passage of a separate ordinance authorizing the nine (9) additional positions. ARTICLE 8 APPOINTMENT OF ASSISTANT CHIEF Section 1. Appointment of Assistant Chief. Promotion to the classification of Assistant Chief shall be exempt from competitive examination, and, instead, shall continue to be made by appointment by the Chief, at the Chiefs discretion. The Fire Chief will not be required to make promotions to the classification of Assistant Chief within any specific time period. Any person appointed as Assistant Chief may be demoted to their prior tested rank or equivalent as stated in Article 7, at the discretion of the Fire Chief and shall have no right to prior notice, statement of charges or to grieve or appeal such demotion. Neither the Civil Service Commission nor any Arbitrator or court shall have any jurisdiction, power or authority to investigate or review such demotion or alter the terms of any demotion. Section 2. Additional Assistant Chief Position. If an additional Assistant Chief position is authorized and funded, the City may create such additional Assistant Chief position and may reclassify or discontinue the Division Chief classified position. The additional Assistant Chief position shall also be exempt from competitive examination and shall be appointed by the Fire Chief, at the Fire Chief's sole discretion and subject to the provisions of Section 1 above and Article 7. It is agreed and understood that the cap on the number of appointments shall be increased to two Assistant Chief positions and no vacancy shall result due to the elimination or reclassification of any classified position nor is the City required to create any additional position as a result of any demotion of an Assistant Chief. Section 3. Preemption. The parties agree that the provisions of this Article preempt during the term of this agreement and to the extent of any change or conflict, all contrary state statutes, including TLGC Section 143.014 and Section 143.085, local ordinances, executive orders, civil service provisions, or rules adopted by the head of the fire department or City of San Marcos or by a division or agency of the city, such as a personnel board or a civil service commission. 9