Promotional Exam Regulations

Questions and Answers

Promotional exam questions must be based on three things: 1. Duties of the position for which the exam is held 2. Material that is of reasonably current publication and has been made reasonably available 3. Any study course given by the departmental schools of __________.

instruction

What happens if there are not enough firefighters or police officers with at least 2 years in a lower position to take the promotional exam?

The Commission shall open it up to persons with less than 2 years.

Can persons on active military duty take a promotional exam?

True

Can part of a promotional exam be an oral interview?

False Signup and view all the answers

When does grading of the promotional exam take place?

Immediately after the exam is over. Signup and view all the answers

Who is responsible for the fairness of the promotional exam?

The Commission, the director, and each municipal employee involved in the preparation or administration of the exam. Signup and view all the answers

What constitutes an offense regarding examination integrity?

<ol> <li>Reveals a part of the promotional exam to unauthorized persons. 2. Receives part of the exam for unfair personal gain or advantage.</li> </ol> Signup and view all the answers

What is the punishment for committing an offense in relation to a promotional exam?

Misdemeanor fine not less than $1000 not more than one year in county jail or both. Signup and view all the answers

When and where shall grading of a promotional exam begin and take place?

When an eligible candidate completes the exam at the exam location. Signup and view all the answers

How many seniority points do police officers and firefighters get on promotional exams?

One point for each year of service, with a maximum of 10 points. Signup and view all the answers

Who shall determine the method to break a tie on exams?

The Commission. Signup and view all the answers

When and where shall the Commission post the raw test scores for a promotional exam?

Within 24 hours after the exam on a bulletin board in the main lobby of city hall. Signup and view all the answers

How many days does a candidate have to appeal a promotional exam?

Within 5 business days. Signup and view all the answers

The Commission may adopt an alternate promotional system after recommendation from whom?

Head of the police department and a majority vote of sworn officers. Signup and view all the answers

When shall the Commission order the director to conduct an election on the revised promotion system?

Hold the election on or after the 30th day after notice. Signup and view all the answers

If a promotional system amendment is defeated, when can it be placed on a ballot again?

In 12 months. Signup and view all the answers

When shall an appeal about election irregularity be filed on a promotion amendment?

Within 5 working days. Signup and view all the answers

What must occur to terminate an alternate promotional system?

The system must be in effect for at least 180 days and a petition signed by at least 35% of sworn officers is submitted to the Commission for vote. Signup and view all the answers

How many days after a petition is filed for the termination of the alternate promotion system can a vote be held?

Within 60 days. Signup and view all the answers

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

To secure efficient fire & police department composed of capable personnel who are free from political influence and who have permanent employment tenure as public servants. Signup and view all the answers

What is the criteria for municipalities covered under Chapter 143 of the LGC?

<ol> <li>Population of 10,000+ 2. Paid fire and police departments 3. Voted to adopt Chapter 143</li> </ol> Signup and view all the answers

A governing body of the municipality must receive a petition requesting an election for Chapter 143 by who?

Signed by 10% of qualified voters who voted in the most recent election. Signup and view all the answers

The ballot to adopt Chapter 143 shall be printed to provide for or against the proposition and should be entitled what?

Adoption of Firefighters' and Police Officers' Civil Service Law Signup and view all the answers

What percentage of voters are required for Chapter 143 to become law?

Majority Signup and view all the answers

How long before another election for Chapter 143 can take place if it fails to pass?

At least one year Signup and view all the answers

What percentage of voter's signatures are needed for a second election for Chapter 143?

20% of the number of voters who voted in the most recent election. Signup and view all the answers

If the governing body of a municipality has operated under Chapter 143 for at least one year, what is needed to repeal Chapter 143?

Petition requesting an election to repeal signed by at least 10% of the qualified voters of a municipality. Signup and view all the answers

How long must a firefighter or police officer have served in a municipality to receive civil service classification without exam under Chapter 143?

More than six months Signup and view all the answers

How many days does the chief executive of the municipality have to appoint members to the Civil Service Commission after adoption of Chapter 143?

Within 60 days after adoption date Signup and view all the answers

When does implementation of Chapter 143 begin after election?

Within 30 days after the municipality's first full fiscal year begins. Signup and view all the answers

The Commission consists of how many members and how are they appointed?

3 members appointed by the chief executive of the municipality and confirmed by the governing body of the municipality. Signup and view all the answers

How long do Commission members serve?

Staggered 3 year terms with the term of one member expiring each year. Signup and view all the answers

What is the criteria for a person appointed to the Commission?

<ol> <li>Be of good moral character 2. Be a U.S. citizen 3. Be a resident of the municipality for more than 3 years 4. Be over 25 years of age 5. Have not held a public office within the preceding 3 years</li> </ol> Signup and view all the answers

How long are the terms of the Commission members when initially appointed by the chief executive of a municipality?

One member shall serve 1 year, one member shall serve 2 years, and one member shall serve 3 years Signup and view all the answers

How many days before initial Commission members must elect a chairman & vice president?

Within 10 days after the date all members have qualified. Elected every January Signup and view all the answers

What is the punishment if the chief executive of a municipality knowingly or intentionally fails to appoint initial Commission members within how many days?

A. 60 days. B. Misdemeanor - fine not less than $100 or more than $200 Signup and view all the answers

If at a meeting held for the removal of a Commission member, the governing body finds a member is guilty of misconduct, what can the member do?

The governing body may remove the member. The member can request that a meeting be held as an open meeting. Signup and view all the answers

What happens if a Commission member is indicted or charged by information with a criminal offense involving moral turpitude?

The member is automatically suspended from office until disposition of the charge. Signup and view all the answers

Can the governing body appoint a substitute commission member during a period of suspension?

Yes Signup and view all the answers

The Commission shall adopt rules necessary for the proper conduct of Commission business. The Commission may not adopt a rule permitting the appointment or employment of a person who is?

<ol> <li>Without good moral character 2. Physically or mentally unfit 3. Incompetent to discharge the duties of appointment or employment</li> </ol> Signup and view all the answers

The Commission must publish and make available what?

<ol> <li>Each rule it adopts and each classification 2. Seniority list for fire and police departments.</li> </ol> Signup and view all the answers

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

Commission adopts rule by majority vote and causes the rule to be written, typed or printed. Signup and view all the answers

A rule is not valid and binding on the Commission until the Commission does what?

<ol> <li>Mails a copy to the commissioner and heads of fire and police departments 2. Posts a copy for 7 days in the central fire and police stations 3. Mails a copy to each branch fire station</li> </ol> Signup and view all the answers

During an investigation, the Commission or Commission member may do what?

<ol> <li>Administer oaths 2. Issue subpoenas for witnesses and documents 3. Cause deposition of witnesses residing inside or outside of the state</li> </ol> Signup and view all the answers

If a firefighter or police officer wants to appeal an action, who do they file it with? What time period?

With the Commission within 10 days Signup and view all the answers

What must an appeal contain?

<ol> <li>Basis for appeal and request for Commission hearing 2. Statement denying truth of charge 3. Statement taking exception to the legal sufficiency of the charge 4. Statement alleging the recommendation does not fit the offense</li> </ol> Signup and view all the answers

In each hearing, appeal or review by the Commission, is the firefighter or police officer entitled to representation by counsel?

True Signup and view all the answers

On adoption of Chapter 143, the office of director of firefighters and police officers, Civil Service is established. Who appoints the director and what are his duties?

The Commission appoints the director who shall serve as secretary to the Commission and perform work incidental to the Civil Service system as required by the Commission. Signup and view all the answers

A person appointed director must meet the same requirements as Commission members except when?

In a municipality with a population of less than 1.5 million. The person is not required to meet the 3 year local residency requirement. Signup and view all the answers

Who may the director be?

<ol> <li>Commission member 2. Municipal employee 3. Some other person</li> </ol> Signup and view all the answers

Who shall determine the director's salary?

Municipal governing body Signup and view all the answers

Unless elected, how is each department head appointed?

Appointed by municipality's chief executive and confirmed by the governing body. Signup and view all the answers

In a municipality having an elected fire or police commissioner, how is the department head appointed?

Appointed by the fire or police commissioner and confirmed by the municipal governing body. Signup and view all the answers

What are the requirements for appointment of head of fire department?

<ol> <li>Eligible for certification by TCFPPSE at intermediate level 2. Served as fully paid firefighter for 5 years</li> </ol> Signup and view all the answers

What are the requirements for appointment to head of a police department?

<ol> <li>Eligible for certification by TCLEOSE at intermediate level 2. Bona fide law enforcement officer for at least 5 years</li> </ol> Signup and view all the answers

How many terms can a Commission member hold?

No more than 3 consecutive terms unless confirmed by a two-thirds majority of all members of a municipality's governing body. Signup and view all the answers

Can an examination for beginning positions with a police department be held at different locations?

True Signup and view all the answers

If a person is removed as department head, what rank are they entitled to be reinstated within the department?

Rank not lower than they held immediately before appointed to department head. They still retain seniority rights. Signup and view all the answers

If a person serving as department head is charged with an offense in violation of civil service laws and is dismissed, what rights does that person have under Chapter 143?

The same rights and privileges of a hearing before the Commission and in the same manner and conditions as a classified employee. Signup and view all the answers

The section entitled 'Appointment and removal of person classified immediately below department head' does not apply when?

A municipality with a population of 1.5 million or more. Signup and view all the answers

How many classifications must exist below department head before the department head may appoint these positions?

At least 4 Signup and view all the answers

In a police department, the total number of persons appointed to the classification immediately below department head may not exceed?

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

How many certified firefighters must a municipality have before the department head can appoint 1, 2, & 3 persons to classifications immediately below department head?

1 - fewer than 300, 2 - 300-600, 3 - more than 600 Signup and view all the answers

What are the requirements for a person to be appointed to a position in a classification immediately below head of police department?

<ol> <li>Be employed by municipality police department as sworn officer. 2. 2 or more years continuous service with the department 3. Meet requirements for department head.</li> </ol> Signup and view all the answers

What are the requirements for a person to be appointed to a position in classification immediately below head of fire department?

<ol> <li>Employed by municipal fire department 2. Have permanent classification at officer level 3. Meet requirements for department head.</li> </ol> Signup and view all the answers

How many days does the department head have to fill a vacant position immediately below him?

90 days Signup and view all the answers

If removed from a position by a department head, what classification will that person be reinstated at?

Same classification or equivalent that the person held before. Signup and view all the answers

If a person in a position classified immediately below department head is charged with an offense in violation of civil service rules, what rights does the person have?

Same rights and privileges of hearing before Commission in the same manner and conditions of classified employee. Signup and view all the answers

If a firefighter or police officer is dissatisfied with any Commission decision, what must the firefighter or police officer do?

File a petition in district court within 10 days asking that the decision be set aside. Signup and view all the answers

An appeal of Commission decision is by what type of trial?

Trial De Novo Signup and view all the answers

What is a person entitled to if an appeal decision is found in his favor?

<ol> <li>Reinstatement or promotion with back pay 2. Attorney's fees and court costs</li> </ol> Signup and view all the answers

What is the criminal penalty for violation of Chapter 143 by a police officer or firefighter?

Misdemeanor $10-$100 fine and/or not more than 30 days in county jail. Signup and view all the answers

Who shall provide for the classification of all firefighters and police officers?

The Commission Signup and view all the answers

Who shall establish the classification and number of positions for police and fire by ordinance?

Municipal governing body Signup and view all the answers

Who is not covered by civil service protection?

Department head and persons immediately below department head. Signup and view all the answers

A position or classification besides department head or person immediately below department head may only be filled from what?

Eligibility list that results from examination. Signup and view all the answers

Who sets the age and physical requirements for applicants for beginning and promotional positions?

The Commission Signup and view all the answers

The Commission shall require beginning position applicants to take what 2 examinations in reference to health?

Physical and mental exam Signup and view all the answers

If an applicant is rejected by a physician, psychiatrist, or psychologist, what can the applicant request?

Another exam by a board of 3 physicians, psychiatrists, or psychologists as appropriate. Applicant must pay for the board exam. Signup and view all the answers

How old must a person be to take an entrance exam for a beginning position with fire or police?

At least 18 Signup and view all the answers

What is the age a person may not be certified as eligible for a beginning position in fire?

36 or older Signup and view all the answers

What is the age a person may not be certified for a beginning position in police?

45 or older Signup and view all the answers

Each police officer and firefighter affected by Chapter 143 must be able to read and speak what language?

English Signup and view all the answers

Where and when shall the Commission cause a notice of entrance examination to be posted?

Bulletin board in the main lobby of city hall and the Commission office at least 10 days before the exam is to take place. Signup and view all the answers

An eligibility list for a beginning position in the fire or police department may be created only as a result of what?

Competitive exam Signup and view all the answers

An applicant may not take an exam unless how many other applicants are present?

At least one Signup and view all the answers

Examinations for beginning positions in the department may be held at different locations if what?

Each applicant takes the same examination and is examined in the presence of other applicants. Signup and view all the answers

How many points will be added to an entrance exam for an applicant who served in the armed forces?

5 points Signup and view all the answers

How many times may an applicant take an exam for a particular eligibility list?

Once Signup and view all the answers

How long shall the Commission keep each eligibility list for a beginning position?

No less than 6 months or more than 12 months unless exhausted. Signup and view all the answers

When a vacancy occurs in a beginning position in a fire or police department, the department head shall request what?

In writing from the Commission the names of suitable persons from the eligibility list. Signup and view all the answers

The director shall certify to the municipality's chief executive, the names of who in regard to vacancies for beginning positions?

The three persons having the highest grades on the eligibility list. Signup and view all the answers

From the three names certified, the chief executive shall appoint the persons with the highest grades unless what?

There is a valid reason why the person with the second or third highest grade should be appointed. Signup and view all the answers

The chief executive shall do what if the person with the highest grade is not appointed?

Set forth, in writing, the good and sufficient reason why. A copy is filed with the Commission and a copy provided to the person not appointed. Signup and view all the answers

How long is the probationary period for a beginning position in police or fire?

One year from date of hire. The Commission may extend it for not more than 6 months for city of less than 1.9 million if there is no collective bargaining or meet and confer and person is required to attend a TCLEOSE academy. Signup and view all the answers

Is a firefighter or police officer on probation prohibited from joining an employee organization?

False Signup and view all the answers

A police officer must serve in the department for how long before being eligible for promotion?

At least 2 years in the lower position before the exam is held. Signup and view all the answers

A firefighter or police officer must serve how long in the department before they can be eligible for a rank of captain or equivalent?

At least 4 years Signup and view all the answers

If a person is recalled to active military duty for not more than how long will they still be eligible to take promotional exam to include military time as time served on duty?

60 months Signup and view all the answers

The Commission shall post source material for a promotional exam how long before the exam?

At least 90 days Signup and view all the answers

The Commission shall post notice of a promotion exam when and where?

Insert details of when and where the notice is posted. Signup and view all the answers

Study Notes

Chapter Overview

Chapter 143 of the Local Government Code ensures professional, politically independent fire and police departments with secure employment for personnel.

Coverage Criteria for Municipalities

Applicable to municipalities with a population of over 10,000, that have paid fire and police departments and have voted to adopt Chapter 143.

Election and Adoption Process

A petition for an election must be signed by 10% of voters from the most recent election.
Ballots for adoption are titled "Adoption of Firefighters' and Police Officers' Civil Service Law."
A majority vote is required for Chapter 143 to become law, with a minimum waiting period of one year for subsequent elections if it fails.

Civil Service Commission

A commission of three members is appointed by the municipality's chief executive within 60 days of adoption of Chapter 143.
Members serve staggered three-year terms and must meet specific qualifications including good moral character and at least 25 years of age.

Procedures for Appeals and Hearings

Firefighters or police officers can appeal actions to the Commission within 10 days, with the right to representation in public hearings.
Appeals are handled via a trial de novo, allowing reinstatement or promotion if found in favor.

Employment Regulations

Firefighters or police officers receive civil service classification without an exam after more than six months of service.
Specific examinations must be completed for beginning and promotional positions, with candidates having to meet age requirements (not over 36 for fire and 45 for police).

Promotion and Certification

To be eligible for promotions, officers must serve durations in lower positions (two years for police, four years for captains), and various requirements exist for directors and heads of departments.
Promotional exams should assess relevant duties and take place under regulations ensuring fairness and confidentiality.

Compliance and Penalties

Violations of Chapter 143 by officers result in criminal penalties, with fines or potential jail terms.
The Commission is responsible for classification and age/physical standards for applicants.

Eligibility Lists and Selection

Eligibility lists derived from competitive examinations dictate hiring, and must be kept for 6 to 12 months.
Department heads fill vacancies from these lists, generally selecting the highest-ranked applicants unless valid reasons warrant otherwise.

Additional Provisions

The law includes provisions for the treatment of temporarily suspended officials, misconduct hearings, and requirements for classified positions to ensure continuous integrity within the fire and police departments.### Commission Responsibilities
The method for breaking ties on exams is determined by the Commission.

Posting Exam Results

Raw test scores for promotional exams must be posted within 24 hours on a bulletin board in the main lobby of city hall.

Appeal Period

Candidates have 5 business days to appeal the results of a promotional exam.

Alternate Promotional System

The Commission may establish an alternate promotional system upon recommendation from the head of the police department and a majority vote of sworn officers.

Election for Revised Promotion System

The Commission will order an election on the revised promotion system to be held on or after the 30th day following notification, conducted during regular work shifts over a 24-hour period at an accessible location.

Re-balloting of Amendment

If an amendment to the promotional system fails, it cannot be placed on the ballot again for 12 months.

Election Irregularity Appeals

Appeals regarding election irregularities related to promotion amendments must be filed within 5 working days.

Termination of Alternate Promotional System

To terminate an alternate promotional system, it must be in effect for at least 180 days and require a petition signed by at least 35% of sworn officers submitted to the Commission for a vote.

Voting Timeline for Termination

A vote to terminate the alternate promotion system must occur within 60 days after the petition is filed.

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Description

This quiz covers the regulations regarding promotional exams for firefighters and police officers, including eligibility criteria and procedures. Explore the requirements for active military personnel and the implications of insufficient candidates. Test your knowledge on essential guidelines and protocols.