Texas Firefighter Polygraph Regulations
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Questions and Answers

When can a fire fighter employed by the municipality be required to submit to a polygraph examination as part of an internal investigation?

  • When the complainant submits to and passes a polygraph examination (correct)
  • When the fire fighter is ordered to take an examination under Subsection (f)
  • When the fire fighter is suspected of misconduct
  • When the fire department head considers the circumstances to be ordinary

    • What is the purpose of Subsection (c) in the text?

  • To allow the fire fighter to refuse a polygraph examination
  • To require the fire department head to consider the complainant's physical and mental capabilities before ordering a polygraph examination
  • To exempt the complainant from taking a polygraph examination if they are physically or mentally incapable
  • To clarify that Subsection (b) does not apply if the complainant is physically or mentally incapable of being polygraphed (correct)

    • What is the purpose of Subsection (e) in the text?

  • To prohibit the use of polygraph examination results in any internal investigation of a fire fighter
  • To allow the fire department head to consider the results of a polygraph examination in their decision-making
  • To ensure that the results of a polygraph examination are not used against the fire fighter in any proceedings (correct)
  • To require the fire department to destroy any records of a polygraph examination related to a complaint

    • What is the purpose of Subsection (f) in the text?

    <p>To provide the fire department head with the authority to order a fire fighter to submit to a polygraph examination if the circumstances are extraordinary or if the integrity of the fire fighter or the fire department is in question</p> Signup and view all the answers

    Which of the following statements is true according to the text?

    <p>The complainant must submit to and pass a polygraph examination in order for the fire fighter to be required to take a polygraph examination</p> Signup and view all the answers

    What is the purpose of the text?

    <p>To establish the conditions under which a fire fighter employed by a municipality can be required to submit to a polygraph examination as part of an internal investigation</p> Signup and view all the answers

    What percentage of police officers' signatures is required for a police employee group to be recognized as the bargaining agent?

    <p>40%</p> Signup and view all the answers

    When must a petition be submitted to the municipal secretary?

    <p>Not later than the 60th day after the first signature</p> Signup and view all the answers

    Who is responsible for verifying the signatures on the petition?

    <p>Municipal Secretary</p> Signup and view all the answers

    When should the election be conducted after the petition is submitted and verified?

    <p>Within 45 days</p> Signup and view all the answers

    Who pays for the costs of the election if multiple police employee groups submit petitions?

    <p>Each police employee group equally</p> Signup and view all the answers

    What must happen for a written agreement between a public employer and a bargaining agent to be enforceable?

    <p>Ratification by a majority vote of the municipality's governing body</p> Signup and view all the answers

    Which court has full authority and jurisdiction over the application of an aggrieved party related to a written agreement ratified under this subchapter?

    <p>The state district court of the judicial district where the majority of the municipality's population is located</p> Signup and view all the answers

    Which of the following is NOT a type of order or process the court may issue to enforce a written agreement ratified under this subchapter?

    <p>Subpoenas</p> Signup and view all the answers

    Who is eligible to vote in the election to ratify an agreement reached between the bargaining agent and the public employer?

    <p>All police officers of the municipality, other than the department head and assistant department heads</p> Signup and view all the answers

    What is the required majority to ratify an agreement?

    <p>A simple majority of all votes cast</p> Signup and view all the answers

    Which of the following provisions can a written agreement ratified under this subchapter supersede?

    <p>Wages, salaries, rates of pay, hours of work, and other terms of employment</p> Signup and view all the answers

    What is the process for repealing a ratified agreement?

    <p>A petition signed by 10% of the registered voters in the municipality can trigger an election to repeal the agreement</p> Signup and view all the answers

    Who can represent police officers in a disciplinary appeal?

    <p>Any person of their choice or the police employee group</p> Signup and view all the answers

    Which of the following is NOT a protected category when pursuing discrimination allegations as a member of a police employee group?

    <p>Political affiliation</p> Signup and view all the answers

    In what type of government should a municipality be operating for the subchapter to apply?

    <p>City manager form only</p> Signup and view all the answers

    What does the term 'emergency medical services personnel' refer to in this context?

    <p>Individuals certified under Chapter 773, Health and Safety Code</p> Signup and view all the answers

    How can a municipality adopt or repeal the subchapter regarding emergency medical services personnel civil service law?

    <p>By holding an election as per specific procedures in the text</p> Signup and view all the answers

    When can a petition for a subsequent election to repeal the subchapter be filed?

    <p>At least one year after the date of a previous election</p> Signup and view all the answers

    Which of the following statements is true about the applicability of this subchapter?

    <p>It applies only to municipalities with a population of 1.5 million or more.</p> Signup and view all the answers

    What is the definition of a 'bargaining agent' according to the text?

    <p>The police employee group selected to represent all police officers during negotiations with the public employer.</p> Signup and view all the answers

    Which of the following is NOT a condition for an organization to be considered a 'police employee group' according to the text?

    <p>The organization has a membership of at least 100 police officers.</p> Signup and view all the answers

    What is the definition of a 'public employer'?

    <p>Any municipality or agency, board, commission, or political subdivision controlled by a municipality that establishes wages, salaries, rates of pay, hours, and working conditions of police officers.</p> Signup and view all the answers

    Under what condition can a municipality meet and confer with a bargaining agent, according to the text?

    <p>If the bargaining agent does not advocate the illegal right of public employees to strike.</p> Signup and view all the answers

    What happens if a police officer participates in a strike or work stoppage?

    <p>The police officer forfeits all civil service rights, reemployment rights, and any other rights, benefits, or privileges resulting from employment.</p> Signup and view all the answers

    According to the passage, which of the following statements is true for emergency medical services personnel employed for more than six months at the time this subchapter is adopted?

    <p>They automatically gain the status of a civil service employee without taking an examination.</p> Signup and view all the answers

    What is the governing body of the municipality required to do upon adoption of this subchapter?

    <p>Classify the emergency medical services personnel in accordance with Section 143.021 and their duties.</p> Signup and view all the answers

    Which of the following provisions of the chapter is explicitly stated to apply to emergency medical services personnel covered by this subchapter?

    <p>Disciplinary appeals</p> Signup and view all the answers

    According to the passage, which of the following is NOT mentioned as a provision that applies to emergency medical services personnel covered by this subchapter?

    <p>Shift schedules</p> Signup and view all the answers

    Which of the following statements is true regarding the application of provisions to emergency medical services personnel covered by this subchapter?

    <p>Provisions are applied to them to the extent they can be made applicable.</p> Signup and view all the answers

    Which of the following is NOT mentioned as a provision that applies to emergency medical services personnel covered by this subchapter?

    <p>Hazard pay</p> Signup and view all the answers

    According to the passage, which of the following statements is true regarding the classification of emergency medical services personnel?

    <p>They are classified based on both Section 143.021 and their duties performed.</p> Signup and view all the answers

    Which of the following provisions is explicitly mentioned as applying to emergency medical services personnel covered by this subchapter?

    <p>Educational incentive pay</p> Signup and view all the answers

    According to the passage, which of the following statements is true regarding the application of provisions to emergency medical services personnel covered by this subchapter?

    <p>Provisions are applied to them to the extent they can be made applicable.</p> Signup and view all the answers

    Which of the following is mentioned as a provision that applies to emergency medical services personnel covered by this subchapter?

    <p>Salary</p> Signup and view all the answers

    Study Notes

    Civil Service Status of Emergency Medical Services Personnel

    • This subchapter applies to municipalities with a population of 460,000 or more, operating under a city manager form of government, and employing emergency medical services personnel in a municipal department other than the fire department.
    • The term "emergency medical services personnel" applies to individuals certified under Chapter 773, Health and Safety Code.

    Election to Adopt or Repeal Subchapter

    • A municipality may hold an election to adopt or repeal this subchapter.
    • The election must be held on the first authorized uniform election date prescribed by Chapter 41, Election Code.
    • A petition for a subsequent election may not be filed for at least one year after the date of a previous election.
    • To be valid, a petition for a subsequent election must contain the signatures of a number of registered voters equal to at least 20% of the number of voters who voted in the most recent municipal general election.

    Status of Employees if Subchapter Adopted

    • If a municipality adopts this subchapter, employees who were employed for more than six months as emergency medical services personnel at the time of adoption have the status of a civil service employee and are not required to take a competitive examination to remain in their position.
    • The governing body of the municipality shall classify the personnel in accordance with Section 143.021 and the duties performed by the personnel.

    Polygraph Examinations

    • A fire fighter employed by the municipality may not be required to submit to a polygraph examination as part of an internal investigation regarding the conduct of the fire fighter unless:
      • The complainant submits to and passes a polygraph examination.
      • The fire fighter is ordered to take an examination under Subsection (f).
    • The results of a polygraph examination are not admissible in a proceeding before the commission or a hearing examiner.

    Recognition of Police Employee Group

    • A public employer may recognize a police employee group as the sole and exclusive bargaining agent for all police officers in the municipality, excluding the department head and assistant department heads.
    • The police employee group must submit a petition signed by 40% of the number of police officers in the municipality who voted in the last election held under Section 143.360 before the petition is submitted.
    • The petition must be submitted to the municipal secretary not later than the 60th day after the first date on which a police officer signs the petition.

    Enforceability of Agreement

    • A written agreement made between a public employer and a bargaining agent is enforceable and binding on the public employer, the bargaining agent, police employee groups, and police officers covered by the agreement.
    • The agreement is ratified by the municipality's governing body and the police employee group.
    • A state district court has full authority and jurisdiction to enforce the agreement.

    Election to Ratify Agreement

    • The bargaining agent shall call an election to ratify any agreement reached with the public employer.
    • All police officers of the municipality, excluding the department head and assistant department heads, are eligible to vote in the election.
    • A majority of all votes cast is required to ratify an agreement.

    Agreement Supersedes Conflicting Provisions

    • A written agreement ratified under this subchapter between a public employer and the bargaining agent supersedes a previous statute concerning wages, salaries, rates of pay, hours of work, and other terms of employment.
    • The agreement preempts all contrary local ordinances, executive orders, legislation, or rules adopted by the state or a political subdivision or agent of the state.

    Repeal of Agreement by Electorate

    • Within 45 days after the date an agreement is ratified and signed by the municipality and the bargaining agent, a petition signed by a number of registered voters equal to 10% of the votes cast at the most recent mayoral general election in the municipality may be presented to the municipal secretary calling an election for the repeal of the agreement.
    • If a majority of the votes are cast in favor of the repeal of the adoption of the agreement, the agreement becomes void.

    Local Control of Police Officer Employment Matters

    • This subchapter applies only to a municipality with a population of 1.5 million or more.
    • The municipality has local control over the wages, salaries, rates of pay, hours of work, and other terms of employment of police officers.
    • The public employer and the bargaining agent may come to a mutual agreement on any of the terms of employment.
    • If an agreement is not reached, the state laws, local ordinances, and civil service rules remain unaffected.

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    Test your knowledge on the regulations related to polygraph examinations for firefighters in Texas, as specified in Section 143.313. Explore the conditions under which a firefighter can be required to take a polygraph exam during internal investigations.

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