36 Questions
What is the primary purpose of this section of the law?
To determine the physical and mental fitness of fire fighters and police officers
Which of the following is NOT a requirement for the medical review process outlined in this section?
The commission must appoint a three-member board to evaluate the conflicting medical reports
What is the population threshold for municipalities that are subject to this section of the law?
1.5 million or more
Who is responsible for the cost of the medical examination conducted by the commission-appointed physician, psychiatrist, or psychologist?
The fire fighter or police officer
What is the purpose of the three-member board appointed by the commission?
To review the medical reports and make a final determination on the fire fighter or police officer's fitness for duty
What is the key difference between the process outlined in this section and the typical process for determining a fire fighter or police officer's fitness for duty?
The ability for the commission, department head, or fire fighter/police officer to question the initial medical report
What must a personnel file of a fire fighter or police officer contain according to the text?
Letters from the department about misconduct leading to disciplinary action.
When must a letter of negative impact be notified to the affected fire fighter or police officer?
Within 30 days of inclusion.
What action should a fire fighter or police officer take if they receive a negative notation in their personnel file?
File a written response within 30 days.
Who may request a copy of any letter, memorandum, or document placed in a fire fighter's or police officer's personnel file?
The fire fighter or police officer.
Under what circumstances may a department release information contained in a fire fighter's or police officer's personnel file?
As required by law only.
What is a condition for releasing a photograph depicting a police officer?
The officer is involved in disciplinary proceedings.
What must the commission develop proper procedures and rules for?
Semiannual efficiency reports
What can a fire fighter or police officer do within 10 calendar days of receiving their efficiency report?
Make a statement in writing concerning the report
Under what conditions can the commission recommend additional rules for the temporary employment of persons older than 36 years as fire fighters?
If there is an emergency due to inability to recruit qualified fire fighters under age 36
What is true about the temporary fire fighters employed under Section 143.083?
Must be dismissed before a permanent civil service employee may be dismissed
What rights and privileges does a fire fighter employed continuously as a temporary employee since 1969 have?
Full status of a civil service employee with all rights and privileges granted by Section 143.005
What happens if a municipality vacates or abolishes a fire or police department position without filing charges against the officer?
The officer is placed on a position reinstatement list in order of seniority
What happens to a fire fighter or police officer who is dismissed without any charges being filed against them?
They are placed on a reinstatement list in order of seniority.
What political activities are fire fighters and police officers prohibited from engaging in?
Actively soliciting votes for a candidate.
What is the consequence of a fire fighter or police officer engaging in a strike against their employing governmental agency?
They are automatically released and discharged from the department.
Under what condition may a fire fighter or police officer receive pay or compensation after being discharged from the department?
There is no circumstance under which they can receive pay after discharge.
What constitutes an offense under Section 143.088 regarding unlawful resignation or retirement?
Giving money in exchange for another person's resignation from their civil service position.
What is the responsibility of the director or their designee regarding personnel files of fire fighters and police officers?
Keep a personnel file for each fire fighter and police officer.
What is the consequence if the commission fails to hold a hearing on a fire fighter's or police officer's subpoena request?
The fire fighter's or police officer's appeal is sustained.
Who has the burden of proof in a hearing relating to the appeal of an action affecting a fire fighter or police officer?
The department head
What is the consequence if the director sends the department head's original written statement to the hearing examiner?
Sending the original statement is not allowed.
What happens if the testimony of character or reputation witnesses is repetitious or unduly prolongs the hearing?
They may be limited by the hearing examiner or commission.
When must the commission render a decision in writing for an appeal relating to an indefinite suspension?
Within 60 days
What type of employees are entitled to applicable pay for time required to be present at a hearing?
Subpoenaed municipal employees
What is the deadline for a fire fighter or police officer to file an appeal with the commission after an action has occurred?
Within 15 days after the date the action occurred
What is the deadline for the commission to render a decision in writing after receiving a notice of appeal?
Within 60 days after receiving the notice of appeal
What happens if the commission does not render a decision in writing within 60 days after receiving the notice of appeal?
The commission must sustain the fire fighter's or police officer's appeal
How many days before the appeal hearing must the commission notify the fire fighter or police officer of the hearing date?
15 days
What is the deadline for a fire fighter or police officer to request a hearing relating to the reasons for their subpoena request?
Within 3 days after receiving the commission's written refusal to subpoena materials
If the commission sustains the fire fighter's or police officer's subpoena request at the hearing, what must the commission do?
Reschedule the appeal hearing to the commission's next regularly scheduled meeting and give 15 days notice
This quiz covers the provisions for determining the physical and mental fitness of firefighters and police officers as outlined in Subchapter F, Section 143.081. Topics include exemptions based on municipality population, the submission of reports from personal physicians, psychiatrists, or psychologists, and procedures for assessing fitness.
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