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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 Personnel Rules. B. Demotion Bargaining unit employees who are promoted to a Deputy Fire Chief classification out of the bargaining unit and subsequently demote during their first twelve(12) months of service as a Deputy Fire Chief 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. Battalion Chiefs hired from outside the Department cannot demote into a fire suppression position. Section 18. Resignation,Reinstatement and Layoff 18.1 Automatic Resignation Failure to return at the expiration of a leave of absence or being absent without leave shall be considered an automatic resignation. The Fire Chief may rescind such a resignation if the employee submits satisfactory reasons for his/her absence within three (3) calendar days of the date his/her resignation was effected. 18.2 Voluntary Resignation An employee may resign in good standing by submitting to the Fire Chief a written resignation notice at least two (2)weeks in advance of the effective date of the resignation. 18.3 Reinstatement With the approval of the Fire Chief,an employee who has resigned in good standing may be reinstated within two(2)years of the effective date of resignation to a vacant position in the same or comparable class. Upon reinstatement,the employee,for all purposes, shall be considered as though the employee had received a new appointment. When an employee is reinstated within a two-year period, the employee's seniority date shall be the date of the reinstatement, not the original appointment date except for service time with CalPERS, if the employee has contributions in PERS when reinstated and except for calculating service credit time for retiree medical purposes with the LPFD. Reinstated employees may use prior service credit for promotional eligibility purposes. Reinstated employees may petition the Fire Chief after six months to be removed from probationary status. 18.4 Layoff The Fire Chief may lay off an employee because of material changes in duties,organization or shortage of work or funds. "Notice of Intent to Lay Off" will be provided to employees who may be impacted and the Union at least 16 weeks prior to the anticipated date of lay off. 4894-5387-2224 Q 27