§ 26 — Promotion of uniformed members; factors for consideration; list of eligible members

[ Text of section effective until July 1, 2024. For text effective July 1, 2024, see below.]Section 26. (a) The colonel may promote uniformed members of the state police who are deemed eligible for promotion by the colonel to the title of noncommissioned officer, lieutenant or captain. A promotion shall be based on the uniformed member's total promotional score, which shall be based on the sum of scores earned on a competitive promotional examination calculated pursuant to subsection (b) and longevity calculated pursuant to subsection (e).(b) For a uniformed member who is not a veteran, the uniformed member's competitive promotional examination score shall be based on the number of points awarded to the uniformed member for correct answers on such examination divided by the total number of possible points to be earned on the examination, multiplied by 75. For a uniformed member who is a veteran, the uniformed member's competitive promotional examination score shall be based on the number of points awarded to the member for correct answers on such examination divided by the total number of possible points to be earned on the examination, multiplied by 100, plus 2, multiplied by 0.75.(c) A uniformed member shall not be eligible for promotion unless the uniformed member was awarded not less than 70 per cent of the total number of possible points to be earned on the competitive promotional examination.(d) Promotional examinations for: (i) the title of noncommissioned officer shall be open to a uniformed member who has completed not less than 5 years of service as a uniformed member immediately before the final date for the filing of applications for such examination and who has completed, in the immediately preceding year, 1 full year of service in the next lower rank or title; (ii) the title of lieutenant shall be open to a uniformed member who has completed at least 1 year of service in the next lower rank or title immediately before the final date for the filing of applications for such examination and who has completed not less than 8 years of service as a uniformed member prior to the final date for filing applications for such examination; or (iii) the title of captain shall be open to a uniformed member who has completed at least 1 year of service in the next lower rank or title immediately before the final date for the filing of applications for such examination and who has completed not less than 12 years of service as a uniformed member prior to the final date for filing applications for such examination.(e)(1) A uniformed member shall be granted 1 longevity point for each full month of service since appointment to the department, up to a maximum of 120 months, computed as of the final date for the filing of applications for promotion to the title of noncommissioned officer. The member's longevity score shall be the total longevity points granted divided by 120, multiplied by 25.(2) A uniformed member shall be granted 1 longevity point for each full month of service since appointment to the department, up to a maximum of 180 months, computed as of the final date for the filing of applications for promotion to the title of lieutenant. The member's longevity score shall be the total longevity points granted divided by 180, multiplied by 25.(3) A uniformed member shall be granted 1 longevity point for each full month of service since appointment to the department, up to a maximum of 240 months, computed as of the final date for the filing of applications for promotion to the title of captain. The member's longevity score shall be the total longevity points granted divided by 240, multiplied by 25.(f) Prior to making any promotions in accordance with this section, the colonel shall publish and distribute in the orders of the department for each title in the department a list of the members who are eligible for promotion to each such title in the order in which each member shall be considered for such promotion; provided, however, that such order shall be based upon the final determination by the colonel in accordance with subsections (b) and (e). Each eligible list for promotion shall be used by the colonel to fill vacancies for a period of 2 years from the initial date of publication; provided, however, that, if a new eligible list has not been established after such 2-year period, each eligible list shall continue to be used by the colonel for promotions until a new eligible list is established. A promotion to a vacancy occurring in any title for which an examination is conducted in accordance with this section shall be made from the first 3 members on such list who are eligible for the promotion and who are willing to accept such promotion.Chapter 22C: Section 26. Promotion of uniformed members to title of noncommissioned officer or lieutenant; examination and assessment; eligibility[ Text of section as amended by 2024, 140, Sec. 39 effective July 1, 2024. See 2024, 140, Sec. 264. For text effective until July 1, 2024, see above.]Section 26. (a) The colonel may promote uniformed members of the state police who are deemed eligible for promotion by the colonel to the title of noncommissioned officer or lieutenant. Promotional examinations to the title of noncommissioned officer or lieutenant shall include a written test and may include an assessment process designed to evaluate a uniformed member's knowledge, skills and abilities related to the position. The assessment process, if utilized, and the written test shall be developed in consultation with, and validated by, a certified organizational psychologist. A total promotional score shall be based on the uniformed member's promotional examination score and a longevity score.(b)(1) The colonel shall promulgate regulations on the promotional process, including, but not limited to, to the validation of promotional examinations, the specific components of promotional examinations, the weighting of such components and the calculation and weighting of longevity scores. For a uniformed member who is a veteran, the regulations shall provide for the uniformed member's promotional score on the written examination to be increased by 2 per cent and may provide for veteran status to be recognized in other ways in the promotional examination process.(2) The colonel may promulgate regulations providing for minimum scores on the promotional examination, or portions thereof, to be met by uniformed members to be eligible for promotion. Such minimum scores shall be set in consultation with a certified organizational psychologist before or after administration of the relevant examination.(c) To be eligible to participate in a promotional examination for the title of noncommissioned officer, a uniformed member shall, at a minimum, have completed not less than 5 years of service as a uniformed member immediately before the final date for the filing of applications for such examination and have completed, in the immediately preceding year, 1 full year of service in the next lower rank or title. To be eligible to participate in a promotional examination for the title of lieutenant, a uniformed member shall, at a minimum, have completed not less than 1 year of service in the next lower rank or title immediately before the final date for the filing of applications for such examination and have completed not less than 8 years of service as a uniformed member prior to the final date for filing applications for such examination.(d)(1) Prior to making any promotions under this section, the colonel shall publish and distribute in the orders of the department for each title in the department a list of the members who are eligible for promotion to each such title. Each eligible list for promotion shall be used by the colonel to fill vacancies for a period of not less than 2 years and in no circumstances more than 5 years from the initial date of publication; provided, however, that the colonel may shorten the period to less than 2 years if the colonel reasonably determines that termination of the eligible list is required to avoid a violation of law.(2) The colonel shall promulgate regulations detailing how selections for promotion are to be made from the list of eligible members. The regulations may allow for the grouping of the eligibility list into bands, based on promotional scores.