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41 22.5 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 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. 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. Time in grade requirements for promotion of "lateral" employees will be three (3) years of service in Fire Suppression as a full-time, paid member of the Livermore-Pleasanton Fire Department or a municipal, county, or comparable fire agency, of which a minimum of twenty- four (24) months of service is with the Livermore-Pleasanton Fire Department for the position of Fire Engineer, and five (5) years of service in Fire Suppression as a full-time, paid member of the Livermore-Pleasanton Fire Department or a municipal, county, or comparable fire agency, of which a minimum of thirty-six (36) months of service is with the Livermore- Pleasanton Fire Department for the position of Fire Captain. Lateral employees will be eligible cess upon completion of thirty (30) months of employment with the department and may be placed on an eligibility list but are unable to act or promote until completion of thirty-six (36) months of employment with the Livermore- Pleasanton Fire Department. This reduction in service time for "lateral" employees will apply to all current and future members of the LPFD. Employees hired prior to adoption of this lateral language may submit a written request to the Fire Chief to be considered for "lateral status" for promotional exams through a review of the employee's prior paid fire service experience, resumé, and education. Page 235 of 674