Fire Fighters' and Police Officers' Civil Service Commission Establishment

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Questions and Answers

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?

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?

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?

10,000 Signup and view all the answers

Which factor is NOT a requirement for a municipality to be covered by Chapter 143?

Having a volunteer fire department Signup and view all the answers

When did the law enacted by House Bill 822 validate municipalities' election to adopt Chapter 143?

73rd Legislature, Regular Session, 1993 Signup and view all the answers

What is used to determine the population under Subsection (a)(1)?

Both A and B Signup and view all the answers

Which municipality's application of this chapter is not affected even if its population changes?

A municipality as provided by Subsection (a) Signup and view all the answers

What does 'director' refer to in this chapter?

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

According to Section 143.003, which employees are NOT considered 'fire fighters'?

Clerks and secretaries Signup and view all the answers

When can a municipality hold an election to adopt or repeal this chapter?

If the governing body receives a petition from at least 10% of qualified voters Signup and view all the answers

How often can a petition for a subsequent election to be held under Subsection (b) be filed?

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

What percentage of qualified voters is required to petition for an election to repeal this chapter?

10% Signup and view all the answers

What is the status of fire fighters or police officers serving in a municipality that adopts this chapter?

They have civil service status and do not need to take a competitive examination to remain in their position. Signup and view all the answers

In a municipality that adopts this chapter, who is considered to be a fire fighter performing fire medical emergency technology?

Employees whose primary duties are to provide emergency medical services for the municipality Signup and view all the answers

What happens if a majority of qualified voters vote to repeal this chapter in a municipality?

The chapter becomes void in that municipality. Signup and view all the answers

How is an employee of the fire department providing emergency medical services classified in a municipality that adopts this chapter?

Considered as a fire fighter performing medical emergency technology and covered by this chapter. Signup and view all the answers

Who orders an election submitting to the voters the question of whether this chapter should be adopted?

Governing body of the municipality Signup and view all the answers

Who has the authority to remove the director of the civil service system?

The commission Signup and view all the answers

What is the eligibility requirement for a person appointed as head of a fire department?

Must have served as a fully paid fire fighter for at least five years Signup and view all the answers

Under what circumstances does a person serving as department head have the same rights and privileges of a hearing before the commission?

If the person is charged with an offense in violation of civil service rules Signup and view all the answers

What determines the total number of persons appointed to the classification immediately below that of department head in a police department?

The total number of persons serving in that classification on January 1, 1983 Signup and view all the answers

Who determines the salary, if any, to be paid to the director of the civil service system?

The municipality's governing body Signup and view all the answers

Under what circumstances is a person appointed as head of a police department eligible for reinstatement in the department?

If dismissed from the civil service or discharged from his position as department head Signup and view all the answers

Who appoints each person occupying an authorized position in the classification immediately below that of department head, if approved by resolution or ordinance?

The head of a fire or police department Signup and view all the answers

What determines whether this section applies to a municipality?

Population less than 1.5 million Signup and view all the answers

Who has the authority to appoint a person to a position in the classification immediately below that of the head of the police department?

The head of a fire or police department Signup and view all the answers

According to the text, which type of municipality is the section 143.0051 applicable to?

Municipality with a population of 220,000 or more Signup and view all the answers

When does the civil service status of an employee under Subsection (b) become effective?

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

According to the text, how may a fire department employee who has civil service status be promoted?

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

What condition exempts a previously non-classified fire department employee from taking a competitive examination to remain in their position?

Being appointed to the position on or before May 1, 2005, and serving in that position on a specified date Signup and view all the answers

According to Section 143.0052, which type of municipality does this section apply to?

Municipality with a population of more than 220,000 and less than 275,000 Signup and view all the answers

What action allows a municipality to establish a monthly fee for emergency medical services according to Section 143.0052?

By resolution of its governing body Signup and view all the answers

Under what conditions may a previously nonclassified fire department employee be exempt from taking a competitive examination?

Serving in a position described by specific sections and being appointed on or before a certain date Signup and view all the answers

According to Section 143.0051, which two Subchapters would exempt a municipality from this section's application?

Subchapter H and I Signup and view all the answers

What is the process for a rule to be considered valid and binding on the commission?

Mailing a copy of the rule to the commissioner and department heads, posting a copy for a seven-day period at fire and police stations, and mailing a copy to each branch fire station Signup and view all the answers

Under what circumstance must the affected fire fighter or police officer be represented by counsel?

When requesting a commission hearing Signup and view all the answers

In what manner must a deposition be taken in connection with an investigation under Section 143.009?

As prescribed by law for taking a similar deposition in a civil action in federal district court Signup and view all the answers

What is required for a municipality with a population of 1.5 million or more to appeal to the commission?

Meeting additional appeal requirements prescribed by the section with requirements set by Section 143.1015 Signup and view all the answers

What is the role of the commission or designated member during an investigation under Section 143.009?

Administering oaths, issuing subpoenas, and taking testimony from witnesses Signup and view all the answers

What is the responsibility of the director as per Section 143.012?

Keeping records of each hearing or case that comes before the commission Signup and view all the answers

What is considered necessary for appealing to the commission from an action provided by Chapter 143?

Filing an appeal with the commission within 10 days after the date the action occurred Signup and view all the answers

Which action constitutes an offense punishable as prescribed by Section 143.016?

Failing to respond to a subpoena issued under this section Signup and view all the answers

How does the director keep records of each hearing or case that comes before the commission?

'Signed decisions' issued by each concurring commission member Signup and view all the answers

'Failure to respond to a subpoena issued under this section' has what force and effect?

'Criminal negligence' under state law Signup and view all the answers

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.