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Questions and Answers
Which type of municipalities does Chapter 143 apply to?
Which type of municipalities does Chapter 143 apply to?
- Municipalities with volunteer fire departments
- Municipalities with a population of 5,000 or more
- Municipalities with a population of 15,000 or more
- Municipalities with paid fire or police departments and a population of 10,000 or more (correct)
What is the purpose of Chapter 143 of the Local Government Code?
What is the purpose of Chapter 143 of the Local Government Code?
- To ensure that fire and police departments have capable personnel free from political influence (correct)
- To allow municipalities to choose whether or not to adopt this chapter
- To provide temporary employment tenure for public servants
- To establish a population threshold for municipalities covered by this chapter
Who administers the provisions of Chapter 143 in accordance with its purpose?
Who administers the provisions of Chapter 143 in accordance with its purpose?
- The members of the Fire Fighters’ and Police Officers’ Civil Service Commission (correct)
- The elected officials of the municipality
- The union leaders of the fire and police departments
- The appointed representatives of the state government
What is the minimum population requirement for a municipality covered by Chapter 143?
What is the minimum population requirement for a municipality covered by Chapter 143?
Which factor is NOT a requirement for a municipality to be covered by Chapter 143?
Which factor is NOT a requirement for a municipality to be covered by Chapter 143?
When did the law enacted by House Bill 822 validate municipalities' election to adopt Chapter 143?
When did the law enacted by House Bill 822 validate municipalities' election to adopt Chapter 143?
What is used to determine the population under Subsection (a)(1)?
What is used to determine the population under Subsection (a)(1)?
Which municipality's application of this chapter is not affected even if its population changes?
Which municipality's application of this chapter is not affected even if its population changes?
What does 'director' refer to in this chapter?
What does 'director' refer to in this chapter?
According to Section 143.003, which employees are NOT considered 'fire fighters'?
According to Section 143.003, which employees are NOT considered 'fire fighters'?
When can a municipality hold an election to adopt or repeal this chapter?
When can a municipality hold an election to adopt or repeal this chapter?
How often can a petition for a subsequent election to be held under Subsection (b) be filed?
How often can a petition for a subsequent election to be held under Subsection (b) be filed?
What percentage of qualified voters is required to petition for an election to repeal this chapter?
What percentage of qualified voters is required to petition for an election to repeal this chapter?
What is the status of fire fighters or police officers serving in a municipality that adopts this chapter?
What is the status of fire fighters or police officers serving in a municipality that adopts this chapter?
In a municipality that adopts this chapter, who is considered to be a fire fighter performing fire medical emergency technology?
In a municipality that adopts this chapter, who is considered to be a fire fighter performing fire medical emergency technology?
What happens if a majority of qualified voters vote to repeal this chapter in a municipality?
What happens if a majority of qualified voters vote to repeal this chapter in a municipality?
How is an employee of the fire department providing emergency medical services classified in a municipality that adopts this chapter?
How is an employee of the fire department providing emergency medical services classified in a municipality that adopts this chapter?
Who orders an election submitting to the voters the question of whether this chapter should be adopted?
Who orders an election submitting to the voters the question of whether this chapter should be adopted?
Who has the authority to remove the director of the civil service system?
Who has the authority to remove the director of the civil service system?
What is the eligibility requirement for a person appointed as head of a fire department?
What is the eligibility requirement for a person appointed as head of a fire department?
Under what circumstances does a person serving as department head have the same rights and privileges of a hearing before the commission?
Under what circumstances does a person serving as department head have the same rights and privileges of a hearing before the commission?
What determines the total number of persons appointed to the classification immediately below that of department head in a police department?
What determines the total number of persons appointed to the classification immediately below that of department head in a police department?
Who determines the salary, if any, to be paid to the director of the civil service system?
Who determines the salary, if any, to be paid to the director of the civil service system?
Under what circumstances is a person appointed as head of a police department eligible for reinstatement in the department?
Under what circumstances is a person appointed as head of a police department eligible for reinstatement in the department?
Who appoints each person occupying an authorized position in the classification immediately below that of department head, if approved by resolution or ordinance?
Who appoints each person occupying an authorized position in the classification immediately below that of department head, if approved by resolution or ordinance?
What determines whether this section applies to a municipality?
What determines whether this section applies to a municipality?
Who has the authority to appoint a person to a position in the classification immediately below that of the head of the police department?
Who has the authority to appoint a person to a position in the classification immediately below that of the head of the police department?
According to the text, which type of municipality is the section 143.0051 applicable to?
According to the text, which type of municipality is the section 143.0051 applicable to?
When does the civil service status of an employee under Subsection (b) become effective?
When does the civil service status of an employee under Subsection (b) become effective?
According to the text, how may a fire department employee who has civil service status be promoted?
According to the text, how may a fire department employee who has civil service status be promoted?
What condition exempts a previously non-classified fire department employee from taking a competitive examination to remain in their position?
What condition exempts a previously non-classified fire department employee from taking a competitive examination to remain in their position?
According to Section 143.0052, which type of municipality does this section apply to?
According to Section 143.0052, which type of municipality does this section apply to?
What action allows a municipality to establish a monthly fee for emergency medical services according to Section 143.0052?
What action allows a municipality to establish a monthly fee for emergency medical services according to Section 143.0052?
Under what conditions may a previously nonclassified fire department employee be exempt from taking a competitive examination?
Under what conditions may a previously nonclassified fire department employee be exempt from taking a competitive examination?
According to Section 143.0051, which two Subchapters would exempt a municipality from this section's application?
According to Section 143.0051, which two Subchapters would exempt a municipality from this section's application?
What is the process for a rule to be considered valid and binding on the commission?
What is the process for a rule to be considered valid and binding on the commission?
Under what circumstance must the affected fire fighter or police officer be represented by counsel?
Under what circumstance must the affected fire fighter or police officer be represented by counsel?
In what manner must a deposition be taken in connection with an investigation under Section 143.009?
In what manner must a deposition be taken in connection with an investigation under Section 143.009?
What is required for a municipality with a population of 1.5 million or more to appeal to the commission?
What is required for a municipality with a population of 1.5 million or more to appeal to the commission?
What is the role of the commission or designated member during an investigation under Section 143.009?
What is the role of the commission or designated member during an investigation under Section 143.009?
What is the responsibility of the director as per Section 143.012?
What is the responsibility of the director as per Section 143.012?
What is considered necessary for appealing to the commission from an action provided by Chapter 143?
What is considered necessary for appealing to the commission from an action provided by Chapter 143?
Which action constitutes an offense punishable as prescribed by Section 143.016?
Which action constitutes an offense punishable as prescribed by Section 143.016?
How does the director keep records of each hearing or case that comes before the commission?
How does the director keep records of each hearing or case that comes before the commission?
'Failure to respond to a subpoena issued under this section' has what force and effect?
'Failure to respond to a subpoena issued under this section' has what force and effect?
Study Notes
Chapter 143 Overview
- Chapter 143 of the Local Government Code applies to cities and municipalities.
- The purpose is to establish procedures and regulations pertaining to civil service for fire and police departments.
Administration and Population Requirements
- The provisions are administered by a designated director as per the chapter's intent.
- A municipality must have a minimum population of 10,000 to be covered by Chapter 143.
Requirements and Validation Timeline
- The requirement for coverage excludes municipalities with a transient population due to events like tourism.
- House Bill 822 validated the election of municipalities to adopt Chapter 143 starting from September 1, 1997.
Population Determination and Municipalities
- Population under Subsection (a)(1) is determined by the last federal census.
- A municipality's adoption of Chapter 143 remains valid regardless of population fluctuations post-adoption.
Definitions and Employment Classification
- The term "director" refers to the head of the civil service system as established by this chapter.
- According to Section 143.003, employees who serve in a voluntary capacity are not considered 'fire fighters'.
Elections and Voter Rights
- A municipality can hold an election to adopt or repeal this chapter at any time as determined by the governing authority.
- Petitions for subsequent elections must be filed at least once every 12 months.
Voter Requirements for Repeal
- A petition to repeal must be signed by at least 20% of qualified voters within the municipality.
Employment Status and Definitions
- Fire fighters and police officers serving in a municipality adopting this chapter are provided civil service protections.
- Employees working in fire medical emergency technology are classified as fire fighters under Chapter 143.
Repeal Outcomes and Medical Service Classifications
- If a majority votes to repeal Chapter 143, the provisions will no longer apply to the municipality.
- Employees providing emergency medical services are classified under civil service in municipalities that adopt this chapter.
Election Procedure and Director Authority
- The mayor or governing body orders elections regarding the adoption of the chapter.
- The authority to remove the civil service system director rests with the governing body.
Appointment and Reinstatement Guidelines
- Eligibility for fire department head requires prior experience and relevant qualifications.
- A department head has rights to a hearing under specific circumstances outlined in the chapter.
Salary Determination and Position Appointments
- The governing authority determines the salary of the civil service director.
- Positions immediately below department head are appointed by the governing body as authorized.
Applicability and Exemptions
- Section 143.0051 is applicable to municipalities with over 1.5 million population.
- Conditions for exemptions from competitive examinations are provided for non-classified fire department employees.
Rule Validity and Legal Representation
- For rules to be valid, they must be adopted in compliance with procedural requirements.
- Affected fire fighters or police officers must have counsel during formal investigations.
Investigation Protocols
- Depositions during investigations under Section 143.009 must be taken in a specified formal manner.
- Municipalities with populations over 1.5 million must submit appeals to the commission following specific protocols.
Commission Duties and Appeal Procedures
- The commission or its designated representatives oversee investigations under Chapter 143.
- Necessary evidence is required to support any appeal to the commission regarding actions taken under this chapter.
Offenses and Record Keeping
- Actions such as failing to respond to a subpoena are considered offenses punishable under Chapter 143.
- The director keeps meticulous records of all hearings and cases before the commission for accountability.
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Description
This quiz covers the establishment of the Fire Fighters' and Police Officers' Civil Service Commission in a municipality, including the appointment of members and the timeline for implementation.
