Sec. 143.1214 Records Related to Disciplinary Actions Quiz

Play an AI-generated podcast conversation about this lesson

What is the primary action required by the human resources director according to the text?

Order the expungement of disciplinary records that were entirely overturned on appeal (correct)

Redact portions of disciplinary records that were partially overturned on appeal

Transfer disciplinary records to an external agency for review

Maintain all disciplinary records, regardless of appeal outcomes

What types of documents must be expunged according to the text?

Internal affairs division records and investigative reports

All documents indicating disciplinary action was recommended or taken (correct)

Performance evaluations and personnel files

Only written reprimands and suspension letters

Under what circumstances does the expungement requirement not apply?

If the fire fighter or police officer is charged with excessive force resulting in death or injury (correct)

If the disciplinary action was overturned by an independent third-party hearing examiner

If the records are maintained by an internal affairs division or investigative division

If the disciplinary action was partially overturned on appeal

Which division or entity is exempt from the expungement requirement?

Internal affairs division or similar internal investigative division Signup and view all the answers

If a disciplinary action is partially overturned on appeal, what action should be taken regarding the records?

The text does not provide guidance on this scenario Signup and view all the answers

Who has the authority to overturn a disciplinary action on appeal?

The commission, an independent third-party hearing examiner, or a court of competent jurisdiction Signup and view all the answers

What is considered uncompensated duty in a fire or police department?

Days of work without pay Signup and view all the answers

Under what circumstances can the department impose uncompensated duty on a fire fighter or police officer?

After the person agrees to the duty Signup and view all the answers

What is the maximum number of uncompensated duty days when combined with a disciplinary suspension?

15 Signup and view all the answers

What does a fire fighter or police officer lose the right to when agreeing to accept uncompensated duty?

Right to judicial review Signup and view all the answers

What is considered punitive action against a fire fighter or police officer?

Reprimand Signup and view all the answers

What does 'normally assigned working hours' refer to for a fire fighter or police officer?

Hours when at work or assigned place of work Signup and view all the answers

Where can records of supervisory intervention procedures be maintained?

Division file under Section 143.089(g) Signup and view all the answers

What is the primary purpose of maintaining an investigatory file related to a disciplinary action against a firefighter or police officer?

For the department's internal use only Signup and view all the answers

Under what circumstances may the department release information from an investigatory file?

To another law enforcement agency, fire department, or a district/US attorney's office Signup and view all the answers

What conditions must be met for a document related to disciplinary action to be included in a firefighter's or police officer's personnel file?

Disciplinary action was actually taken against the individual Signup and view all the answers

Who is responsible for providing legal representation in actions related to the release of investigatory files or documents?

The legal division of the municipality or its designee Signup and view all the answers

What is the purpose of Section 143.1215 in the text?

To establish guidelines for reinstatement after a suspension without pay Signup and view all the answers

If a municipality fails to fully repay lost wages to a reinstated firefighter or police officer, what additional payment is required?

An amount equal to the lost wages plus accrued interest Signup and view all the answers

At what rate does interest accrue on unpaid lost wages for a reinstated firefighter or police officer?

3% plus the rate for court judgments under Chapter 304, Finance Code Signup and view all the answers

What is the purpose of a supervisory intervention procedure or a policy and procedure inquiry, according to the text?

To modify a police officer's behavior through non-disciplinary means Signup and view all the answers

Can a police officer file an appeal or grievance regarding a supervisory intervention procedure or a policy and procedure inquiry?

No, these actions are not considered disciplinary Signup and view all the answers

Which of the following is NOT a permitted method for modifying a police officer's behavior through a supervisory intervention procedure?

Formal disciplinary action Signup and view all the answers

When can a fire department head order a fire fighter to submit to a polygraph examination?

All of the above Signup and view all the answers

What is the purpose of a polygraph examination for a fire fighter, according to the text?

To determine if the fire fighter is being deceptive about critical matters under investigation Signup and view all the answers

Are the results of a polygraph examination admissible in a proceeding before a commission or hearing examiner?

No, they are never admissible as evidence Signup and view all the answers

What is the probationary period for a reappointed police officer in a municipality with a population of 1.5 million or more?

6 months Signup and view all the answers

During the probationary period after reappointment, is the reappointed police officer entitled to full civil service protection?

No, not until after the probationary period is completed Signup and view all the answers

How is the probationary period counted when determining a reappointed officer's classification, pay status, and eligibility for promotion?

It is counted as if the officer were not on probation Signup and view all the answers

What is the purpose of legislative leave for fire fighters and police officers, according to the text?

To appear before or petition a governmental body during a regular or special session Signup and view all the answers

How much notice must a fire fighter or police officer give to the municipality before taking legislative leave?

30 days Signup and view all the answers

What information must be included in the application for legislative leave, according to the text?

The length of the requested leave and a statement that the applicant is willing to reimburse the municipality for costs incurred Signup and view all the answers

What must the municipality do within 30 days of receiving the application for legislative leave?

Notify the applicant of the actual amount of money required to offset the costs the municipality will incur Signup and view all the answers

During an investigation, what is a permissible action for an investigator to inform a fire fighter or police officer of?

Threatening punitive action if questions are not answered truthfully Signup and view all the answers

What is the consequence if a fire fighter or police officer refuses to sign a written reprimand, finding, or determination?

It will be placed in the personnel file with a notation of refusal to sign Signup and view all the answers

When does an investigator have the right to threaten a punitive action during an interrogation?

When the fire fighter or police officer is unwilling to cooperate Signup and view all the answers

Which circumstance allows a fire fighter to record an interrogation during an investigation?

If given prior notification about recording from the investigator Signup and view all the answers

Under what circumstance should a reprimand, finding, or determination be placed in a fire fighter's or police officer's personnel file?

If punitive action is not taken but an adverse finding exists Signup and view all the answers

What happens if a department head violates the provisions during an investigation?

The municipality reverses any punitive action taken and excludes evidence obtained during the investigation Signup and view all the answers

What is required for a fire fighter employed by the municipality to be compelled to submit to a polygraph examination?

A polygraph examination of the complainant and department compliance Signup and view all the answers

What is required for a reprimand, finding, or determination to be placed in a personnel file?

The person being given an opportunity to read and sign them Signup and view all the answers

What should happen if a fire fighter receives punitive action and chooses not to appeal?

They can provide a written response within 10 days of notification Signup and view all the answers

When can an investigator interrogate a fire fighter or police officer who is the subject of an investigation outside their working hours?

When the seriousness of the investigation requires it and the officer is compensated for overtime Signup and view all the answers

What must an investigator do before interrogating a fire fighter or police officer regarding an allegation?

Provide a written statement of the nature of the investigation and the names of the complaining party and witnesses Signup and view all the answers

What action may result in punitive measures for a fire fighter or police officer according to the text?

Missing work due to participation in an investigation Signup and view all the answers

Under what circumstances can an investigator interrogate a fire fighter or police officer at their home?

With written permission from the complainant Signup and view all the answers

What must be done if an investigator receives a complaint from an anonymous complainant?

Verify the complaint under oath with a public officer Signup and view all the answers

What information must be provided to a fire fighter or police officer before interrogation?

A copy of the affidavit, complaint, or statement at least 48 hours in advance Signup and view all the answers

Under what conditions can an on-the-scene investigation occur immediately after an incident?

'If it is deemed essential for public safety' Signup and view all the answers

Who has the right to inquire about and be informed of each investigator participating in an interrogation?

The officer under investigation Signup and view all the answers

What restriction applies to assigning a person to conduct an investigation?

Having knowledge of the alleged misconduct Signup and view all the answers

What must be included in written notification to a fire fighter regarding the nature of an investigation?

Identity of each investigator Signup and view all the answers

Who may verify a complaint in writing before a public officer?

The complaining party Signup and view all the answers

When must an investigator inform a fire fighter in writing about an investigation?

Not later than 30 days after receiving a complaint Signup and view all the answers

What is required before conducting an interrogation based on an anonymous complaint?

Verification under oath by a public officer Signup and view all the answers

What information must be provided to an officer before interrogation?

A copy of affidavit, complaint, statement at least 48 hours beforehand Signup and view all the answers

How would you describe what actions may lead to punitive consequences for fire fighters or police officers per this text?

Failure to cooperate with investigators Signup and view all the answers