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22.4 Rejection of Probationary Employee - Promotional Appointment Any employee rejected during the probationary period following a promotional appointment or at the conclusion of the probationary period shall be reinstated to a position in the class from which the employee was promoted. At any time during the first three (3) months of the employee's probationary period, the employee shall have the option of voluntarily returning to their previously held position. Section 23. Promotion, Demotion and Long -Term Acting Assignments A. Promotion Promotional or open -promotional examinations may be conducted whenever the Fire Chief determines the needs of the service require. Only employees who meet the requirements set forth in the examination announcements may compete in promotional examinations. Insofar as consistent with the best interests of the Department as determined by the Fire Chief, vacancies in the Department shall be filled by promotion from within the Department after a promotional examination has been given and a promotional list established. Upon completion of all promotional testing, the names of the persons having the highest three (3) scores on the eligibility list shall be submitted to the Fire Chief for consideration. Promotional examination scores will be calculated to the nearest tenth of a point (example — 95.2 points). Time in grade requirements for promotion will be three (3) years with the Department for Fire Engineer, and five (5) years with the Department for Fire Captain. If, in the opinion of the Fire Chief, a vacancy in the Department should be filled by an open -competitive examination instead of promotional examination, the Fire Chief shall arrange an open -competitive employment list consistent with the Personnel Rules. B. Demotion Bargaining unit employees who are promoted to a chief officer classification out of the bargaining unit and subsequently demote during their first twelve (12) months of service as a chief officer shall be reinstated to a bargaining unit position in the classification from which they were promoted. Such employees will have all seniority in their former rank restored at the time of demotion but shall not receive any additional rank seniority for the time served in the chief officer classification. Employees who are demoted from a chief officer classification into a bargaining unit position, as well as existing bargaining unit employees demoted to lower classifications within the bargaining unit, will have their overtime factor set to the highest level for their rank assignment, plus one (1) hour. The rank seniority and overtime factor provisions of this section apply to employees who voluntarily demote and those who are involuntarily demoted from their positions during their 12 -month promotional probationary period. However, employees who demote after attaining permanent status 35