Fire Fighters’ and Police Officers’ Civil Service Commission Establishment

Questions and Answers

What is the purpose of Chapter 143 of the Local Government Code?

To secure efficient fire and police departments composed of capable personnel free from political influence with permanent employment tenure

Which municipalities are covered by Chapter 143 of the Local Government Code?

Municipalities with a population of 10,000 or more, a paid fire or police department, and a vote to adopt this chapter

Who is responsible for administering Chapter 143 in accordance with its purpose?

Members of the Fire Fighters' and Police Officers' Civil Service Commission

What is the population requirement for a municipality to be covered by Chapter 143?

10,000 or more Signup and view all the answers

What is the key characteristic of personnel targeted by Chapter 143?

Capable and free from political influence Signup and view all the answers

What validated the election to adopt Chapter 143 and subsequent acts for some municipalities?

House Bill 822, Acts of the 73rd Legislature, Regular Session, 1993 Signup and view all the answers

How many members does the Fire Fighters’ and Police Officers’ Civil Service Commission consist of?

3 members Signup and view all the answers

What is the consequence for the chief executive if they fail to appoint the initial members of the commission within the specified period?

A monetary fine Signup and view all the answers

What is the term length for each member of the commission?

Three-year term Signup and view all the answers

Who has the authority to remove a commission member if they are guilty of misconduct in office?

The governing body of the municipality Signup and view all the answers

In case of an indictment or charge involving moral turpitude, what happens to a commission member?

They are automatically suspended from office Signup and view all the answers

What is the punishment for a municipal official who knowingly or intentionally refuses to implement this chapter?

$100 fine Signup and view all the answers

Who has the authority to elect a chairman and a vice-chairman for the commission?

The members of the commission Signup and view all the answers

What is the population threshold for which subsections (c-1) and (c-2) do not apply?

1.5 million or more Signup and view all the answers

Who is responsible for providing adequate and suitable office space to the commission in which to conduct business?

The governing body of the municipality Signup and view all the answers

What is the penalty for a municipal official who knowingly or intentionally refuses to implement this chapter or attempts to obstruct its enforcement?

A monetary fine Signup and view all the answers

Who has the authority to appoint a substitute commission member during a period of suspension?

The governing body of the municipality Signup and view all the answers

Who has the authority to adopt rules necessary for the proper conduct of commission business?

The commission itself Signup and view all the answers

What is the basis for determining the population under Subsection (a)(1)?

The federal decennial census Signup and view all the answers

According to Subsection (c), how does a change in population affect the application of this chapter to a municipality?

The application of this chapter is not affected by changes in the municipality's population Signup and view all the answers

What does 'commission' refer to in this chapter?

The Fire Fighters’ and Police Officers’ Civil Service Commission Signup and view all the answers

According to the definitions in this chapter, who does 'director' refer to?

The director of fire fighters’ and police officers’ civil service Signup and view all the answers

Under the definition of 'fire fighter', who is not included?

A secretary or clerk in the fire department Signup and view all the answers

According to the definition of 'police officer', who is included?

An individual appointed in substantial compliance with this chapter Signup and view all the answers

What triggers a municipality to hold an election to adopt or repeal this chapter?

A petition signed by 10% of the number of voters in the most recent municipal election Signup and view all the answers

What is printed on the ballot when an election is held to adopt or repeal this chapter?

"Vote for or against adoption police officers’ civil service law" Signup and view all the answers

When can a subsequent election to adopt or repeal this chapter be held?

At least one year after the date the previous election was held Signup and view all the answers

What happens if a municipality with a population less than 950,000 operates under this chapter for at least one year and receives a petition to repeal this chapter?

If a majority of qualified voters vote to repeal, this chapter becomes void in that municipality Signup and view all the answers

What is the status of fire fighters and police officers if a municipality adopts this chapter?

They are considered civil service employees and are not required to take a competitive examination to remain in their positions Signup and view all the answers

Who is responsible for adopting rules that prescribe cause for removal or suspension of a fire fighter or police officer?

The commission Signup and view all the answers

When is a rule considered to be adopted and sufficiently published by the commission?

When the commission adopts it by majority vote and causes it to be written, typewritten, or printed Signup and view all the answers

How are the rules and lists published by the commission made available?

On demand Signup and view all the answers

What action is required for a rule to be valid and binding on the commission?

All of the above Signup and view all the answers

Who may conduct investigations and inspections relating to the enforcement and effect of the chapter and any rules adopted under this chapter?

The commission or a designated member Signup and view all the answers

What may the commission or commission member do during an investigation?

All of the above Signup and view all the answers

What force and effect does an oath administered or a subpoena issued under this section have?

It has the same force and effect as an oath administered by a magistrate in the magistrate’s judicial capacity Signup and view all the answers

What offense does a person commit if they fail to respond to a subpoena issued under this section?

No offense is committed Signup and view all the answers

What is required for a fire fighter or police officer to appeal to the commission from an action?

A request for a commission hearing along with basis for the appeal Signup and view all the answers

Who is entitled to be represented by counsel or a person of their choice in each commission proceeding involving an adjudicatory function?

The affected fire fighter or police officer Signup and view all the answers

What requirement must be met by a municipality with a population addition of 1.5 million or more in relation to appeals?

They must comply with additional requirements prescribed by Section 143.1015 Signup and view all the answers

What do concurring commission members need to do for each decision issued by the commission?

Sign each decision issued by the commission Signup and view all the answers

What is the status of a previously non-classified fire department employee who serves in a position described by Section 143.003(4)(B), (D), (G), or (J) according to Subsection (b)?

They are not required to take a competitive examination to remain in their position if specific conditions are met. Signup and view all the answers

When does the civil service status of an employee, as described in Subsection (b), become effective?

On the date that the ordinance amending the municipality’s classification system takes effect. Signup and view all the answers

In what circumstances may a fire department employee who has civil service status under Subsection (b) be promoted?

By competitive examination and within the employee’s existing division. Signup and view all the answers

What is the consequence if a municipality adopts this chapter, and a fire department employee with civil service status under Subsection (b) leaves their position?

A person selected to fill the position must be chosen in accordance with competitive civil service procedures. Signup and view all the answers

Under what conditions does Section 143.0051 not apply to a fire department employee employed by a municipality?

If the municipality has adopted Chapter 174 or to which Subchapter H or I applies. Signup and view all the answers

What is required for a previously non-classified fire department employee to have the status of a civil service employee under Subsection (b)?

They must be serving in that position on a specified date and have their position included by ordinance of fire department employees. Signup and view all the answers

What does Subsection (e) forbid a fire department employee with civil service status under Subsection (b) from doing?

Supervise personnel assigned to or evaluate classified suppression or civil service emergency medical operations. Signup and view all the answers

Under what conditions does Section 143.0052 apply to a municipality?

If it has a population of more than 220,000 but less than 275,000, is located in a county predominantly with another municipality of over one million population, and administers emergency medical services through its fire department. Signup and view all the answers

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Fire Fighters’ and Police Officers’ Civil Service Commission Establishment

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Questions and Answers

What is the purpose of Chapter 143 of the Local Government Code?

Which municipalities are covered by Chapter 143 of the Local Government Code?

Who is responsible for administering Chapter 143 in accordance with its purpose?

What is the population requirement for a municipality to be covered by Chapter 143?

What is the key characteristic of personnel targeted by Chapter 143?

What validated the election to adopt Chapter 143 and subsequent acts for some municipalities?

How many members does the Fire Fighters’ and Police Officers’ Civil Service Commission consist of?

What is the consequence for the chief executive if they fail to appoint the initial members of the commission within the specified period?

What is the term length for each member of the commission?

Who has the authority to remove a commission member if they are guilty of misconduct in office?

In case of an indictment or charge involving moral turpitude, what happens to a commission member?

What is the punishment for a municipal official who knowingly or intentionally refuses to implement this chapter?

Who has the authority to elect a chairman and a vice-chairman for the commission?

What is the population threshold for which subsections (c-1) and (c-2) do not apply?

Who is responsible for providing adequate and suitable office space to the commission in which to conduct business?

What is the penalty for a municipal official who knowingly or intentionally refuses to implement this chapter or attempts to obstruct its enforcement?

Who has the authority to appoint a substitute commission member during a period of suspension?

Who has the authority to adopt rules necessary for the proper conduct of commission business?

What is the basis for determining the population under Subsection (a)(1)?

According to Subsection (c), how does a change in population affect the application of this chapter to a municipality?

What does 'commission' refer to in this chapter?

According to the definitions in this chapter, who does 'director' refer to?

Under the definition of 'fire fighter', who is not included?

According to the definition of 'police officer', who is included?

What triggers a municipality to hold an election to adopt or repeal this chapter?

What is printed on the ballot when an election is held to adopt or repeal this chapter?

When can a subsequent election to adopt or repeal this chapter be held?

What happens if a municipality with a population less than 950,000 operates under this chapter for at least one year and receives a petition to repeal this chapter?

What is the status of fire fighters and police officers if a municipality adopts this chapter?

Who is responsible for adopting rules that prescribe cause for removal or suspension of a fire fighter or police officer?

When is a rule considered to be adopted and sufficiently published by the commission?

How are the rules and lists published by the commission made available?

What action is required for a rule to be valid and binding on the commission?

Who may conduct investigations and inspections relating to the enforcement and effect of the chapter and any rules adopted under this chapter?

What may the commission or commission member do during an investigation?

What force and effect does an oath administered or a subpoena issued under this section have?

What offense does a person commit if they fail to respond to a subpoena issued under this section?

What is required for a fire fighter or police officer to appeal to the commission from an action?

Who is entitled to be represented by counsel or a person of their choice in each commission proceeding involving an adjudicatory function?

What requirement must be met by a municipality with a population addition of 1.5 million or more in relation to appeals?

What do concurring commission members need to do for each decision issued by the commission?

What is the status of a previously non-classified fire department employee who serves in a position described by Section 143.003(4)(B), (D), (G), or (J) according to Subsection (b)?

When does the civil service status of an employee, as described in Subsection (b), become effective?

In what circumstances may a fire department employee who has civil service status under Subsection (b) be promoted?

What is the consequence if a municipality adopts this chapter, and a fire department employee with civil service status under Subsection (b) leaves their position?

Under what conditions does Section 143.0051 not apply to a fire department employee employed by a municipality?

What is required for a previously non-classified fire department employee to have the status of a civil service employee under Subsection (b)?

What does Subsection (e) forbid a fire department employee with civil service status under Subsection (b) from doing?

Under what conditions does Section 143.0052 apply to a municipality?

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