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If, in the opinion of the Fire Chief, a vacancy in the department could be filled better by an open- <br /> competitive examination instead of promotional examination, he/she shall arrange an open-competitive <br /> employment list consistent with the Personnel Rules. <br /> B. Demotion <br /> 1. When a Division Chief probationary demotion crosses bargaining units, there is continued <br /> employment with the LPFD, so there is no impact to department seniority. As there is no break <br /> in Department service, the reinstatement - reemployment section of the Local #1974 MOU does <br /> not apply. Therefore upon demotion during probation, a Division Chief promoted from Local <br /> #1974, will have rank seniority restored with the only reduction being the missing weeks served <br /> in a management capacity. <br /> 2. Any demoted employee from management or within Local #1974, upon return will have their <br /> overtime factor set to the highest of their rank assignment, plus one (1)hour. <br /> 3. The above policies for rank seniority and the overtime factor will cover self or forced demotions <br /> within the 3 to 12-month promotional probationary period for members of Local #1974. If a <br /> demotion occurs after that, demotions will occur to open positions, rank seniority will be <br /> affected so that the demoted employee will "start-over" for rank seniority and that the overtime <br /> factor will be reset as in "B" above. <br /> 4. Chiefs hired from outside the bargaining unit cannot demote to a line position. There is no <br /> provision for this in the 1974 MOU, LPFD Management Compensation Plan or LPFD Personnel <br /> Rules. It is against existing personnel rules as a person demoted must have previously served in <br /> the position and also be allowed to move back because the Fire Chief also finds they are still <br /> qualified for the prior position. <br /> Section 24. Resignation, Reinstatement and Layoff <br /> 24.1 Automatic Resignation <br /> Failure to return at the expiration of a leave of absence or being absent without leave shall be considered <br /> an automatic resignation. The Fire Chief may rescind such a resignation if the employee submits <br /> satisfactory reasons for his/her absence within three (3) calendar days of the date his/her resignation was <br /> effected. <br /> 24.2 Voluntary Resignation <br /> An employee may resign in good standing by submitting to the Fire Chief a written resignation stating <br /> the reasons therefor and effective date thereof at least two (2) weeks prior thereto. <br /> 27 <br />