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Section 2. Effective Date and Continued Consideration <br />The point prerequisites listed in Section 1 for promotional appointment shall become effective as noted <br />in section 1 above. A Firefighter who is the highest person on the appropriate Eligibility List (certified <br />after October 1, 2012 for Year 1 requirements and October 1, 2013 for Year 2 requirements) but who <br />does not meet the point prerequisites for promotional appointment will be passed over for <br />appointment without right of review under TLGC 143.036 or dispute resolution under this Agreement. <br />However, the Firefighter shall remain on the Eligibility List for consideration for any subsequent vacancy <br />but shall be removed when: (1) the List expires, (2) he /she is the only name remaining on the List and <br />still does not meet the point prerequisites in Section 1 on the date of occurrence of a vacancy, or (3) the <br />Firefighters name is removed from the List under TLGC § 143.036 (f) and (g). <br />Section 3. Preemption <br />It is the intent and agreement of the Parties that the provisions of this Article shall preempt any contrary <br />provision of Chapter 143, and any state statute, local ordinances, executive order, civil service provisions <br />or rules adopted by the head of the Fire Department, the City of San Marcos or by a division or agent of <br />the city such as a personnel board or civil service commission as per TLGC Section 142.117. <br />The additional requirements for promotional appointment shall be in addition to those currently <br />required under state law and the Rules of the Civil Service Commission. <br />Page 18 <br />