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Docusign Envelope ID: 5BEB38E3-9A4C-4D19-9586-A17352C599AA <br />If in the opinion of the Fire Chief, a vacancy in the Department should be filled by an open - <br />competitive examination instead of promotional examination, the Fire Chief shall arrange an <br />open -competitive employment list consistent with Personnel Rules. <br />B. Demotion <br />Bargaining unit employees who are promoted to a Deputy Fire Chief classification out of the <br />bargaining unit and subsequently demote during their first twelve (12) months of service as a <br />Deputy Fire Chief shall be reinstated to a bargaining unit position in the classification from which <br />they were promoted. Such employees will have all seniority in their former rank restored at the <br />time of demotion but shall not receive any additional rank seniority for the time served in the chief <br />officer classification. <br />Battalion Chiefs hired from outside the Department cannot demote into a fire suppression <br />position. <br />Section 18. Resignation, Reinstatement and Layoff <br />18.1 Automatic Resignation <br />Failure to return at the expiration of a leave of absence or being absent without leave shall be <br />considered an automatic resignation. The Fire Chief may rescind such a resignation if the <br />employee submits satisfactory reasons for their absence within three (3) calendar days of the date <br />their resignation was effected. <br />18.2 Voluntary Resignation <br />An employee may resign in good standing by submitting to the Fire Chief a written resignation <br />notice at least two (2) weeks in advance of the effective date of the resignation. <br />18.3 Reinstatement <br />With the approval of the Fire Chief, an employee who has resigned in good standing may be <br />reinstated within two (2) years of the effective date of resignation to a vacant position in the same <br />or comparable class. Upon reinstatement, the employee, for all purposes, shall be considered as <br />though the employee had received a new appointment. <br />When an employee is reinstated within a two-year period. the employee's seniority date shall be <br />the date of the reinstatement, not the original appointment date except for service time with <br />CalPERS, if the employee has contributions in PERS when reinstated and except for calculating <br />service credit time for retiree medical purposes with the LPFD. <br />Reinstated employees may use prior service credit for promotional eligibility purposes. <br />Reinstated employees may petition the Fire Chief after six months to be removed from <br />probationary status. <br />29 <br />