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Can a candidate on a promotional list be skipped over if he/she is a SUBJECT of a CCRB investigation OR is a WITNESS to an incident that's being investigated by them?
If you are a subject you can be held over, it depends how far in the investigation CCRB is and if the investigation appears to be headed in the direction of a substantiated.
Open CCRB's will not hold you on the list . This issue was discussed at a BMOC class and was explained by the SBA people . Only pending Charges and Specs or open IAB investigations. If you have more questions about the issue just reach out to your union directly.
That would have to be a closed substantiated CCRB that is now Charges and Specs. An open CCRB will not be reason for being denied promotion unless it's a very serious allegation in which then IAB would be involved thus making it an open IAB case.
