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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 he /she was promoted. During the first three (3) months of his/her probationary period, the employee shall have the option of returning to the position he /she previously held. Section 23. Promotion and Demotion A. Promotion Promotional or open - promotional examinations may be conducted whenever in the opinion of the Fire Chief, 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 his/her consideration. Promotional exam 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 LPFD for Fire Engineer, and five (5) years with the LPFD for Fire Captain. If, in the opinion of the Fire Chief, a vacancy in the department could be filled better by an open - competitive examination instead of promotional examination, he /she shall arrange an open- competitive employment list consistent with the Personnel Rules. B. Demotion When a Chief Officer demotion crosses bargaining units within the first twelve months and there is continued employment with the LPFD there is no impact to department seniority. As there is no break in Department service, the reinstatement - reemployment section of the Local #1974 MOU does not apply. Therefore upon demotion during the first twelve months a Chief Officer promoted from Local #1974, will have rank seniority restored with the only reduction being the missing weeks served in a management capacity. Any demoted employee from management or within Local #1974, upon return will have their overtime factor set to the highest of their rank assignment, plus one (1) hour. The above policies for rank seniority and the overtime factor will cover self or forced demotions within the 3 to 12 -month promotional period for members of Local #1974. If a demotion occurs after that, demotions will occur to open positions and rank seniority will be affected. The demoted employee will "start- over" for rank seniority and the overtime factor will be reset as in "B" above. 27