Local Government Code Chapter 143 Study Guide

Local Government Code Chapter 143 1) What is the purpose of Chapter 143 of the Local Government Code? To secure e cient re & police department composed of capable personnel who are free from poli cal in uence and who have permanent employment tenure as public servants. 2) What is the criteria for mu...

Local Government Code Chapter 143 1) What is the purpose of Chapter 143 of the Local Government Code? To secure e cient re & police department composed of capable personnel who are free from poli cal in uence and who have permanent employment tenure as public servants. 2) What is the criteria for municipali es covered under Chapter 143 of the LGC? (3 things) 1. Popula on of 10,000 2. Paid re and police departments 3. Voted to adopt Chapter 143 3) A governing body of the municipality must receive a pe elec on for Chapter 143 by who? on reques ng an ti ti ti ti ti fl fi fi ti ffi ti fi ti Signed by 10% of quali ed voters who voted in the most recent elec on. 4) The ballot to adopt Chapter 143 shall be printed to provide for or against the proposi on and should be en tled what? "Adop on of Fire ghters' and Police O cers' Civil Service Law" 5) What percentage of voters are required for Chapter 143 to become law? Majority 6) How long before another elec on for Chapter 143 can take place if it fails to pass? At least one year 7) What percentage of voter's signatures are needed for a second elec on for Chapter 143? 20% of the number of voters who voted in the most recent elec on. 8) If the governing body of a municipality has operated under Chapter 143 for at least one year, what is needed to repeal Chapter 143? fi ti ti ffi ti ti ti fi ti ti ti ti ti Pe on reques ng an elec on to repeal signed by at least 10% of the quali ed voters of a municipality. 9) "If a re ghter or police o cer wants to appeal an ac on, who do they le it with? What me period?" With the Commission within 10 days 10)What must an appeal contain? (4 things) 1. Basis for appeal and request for Commission hearing 2. Statement denying truth of charge 3. Statement taking excep on to the legal su ciency of the charge 4. Statement alleging the recommenda on does not t the o ense 11)In each hearing, appeal or review by the Commission, is the re ghter or police o cer en tled to representa on by counsel? Yes, and the proceedings shall be held in public 12)If a re ghter or police o cer is dissa s ed with any Commission decision, the re ghter or police o cer must do what? File a pe aside. on in district court within 10 days asking that the decision be set 13)An appeal of Commission decision is by what type of trial? fi fi fi ff ti fi ffi fi ti ti ti ffi ffi ffi ti ti ti ti ti fi ffi fi fi fi fi fi Trial De Novo 1. Reinstatement or promo on with back pay 2. A orney's fees and court costs 15)Who shall provide for the classi ca on of all re ghters and police o cers? The Commission 16)Who shall establish the classi ca on and number of posi ons for police and re by ordinance? Municipal governing body 17)Who is not covered by civil service protec on? Department head and persons immediately below department head. 18)A posi on or classi ca on besides department head or person immediately below department head may only be lled from what? ffi ti fi fi ti ti fi ti ti fi fi ti ti ti fi ti Eligibility list that results from examina on tt fi 14)What is a person en tled to if an appeal decision is found in his favor? 19)Who sets the age and physical requirements for applicants for beginning and promo onal posi ons? The Commission 20)The Commission shall require beginning posi on applicants to take what 2 examina ons in reference to health? Physical and mental exam 21)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. 22)How old must a person be to take an entrance exam for a beginning posi on with re or police? At least 18 23)What is the age a person may not be cer posi on in re? ti fi ti ti fi ti fi ti ti ti 36 or older ed as eligible for a beginning 24)What is the age a person may not be cer police? ed for a beginning posi on in 45 or older 25)Each police o cer and re ghter a ected by Chapter 143 must be able to read and write what language? English 26)Where and when shall the Commission cause a no ce of entrance examina on to be posted? Bulle n board in the main lobby of city hall and the Commission o ce at least 10 days before the exam is to take place. 27)An eligibility list for a beginning posi on in the re or police department may be created only as a result of what? Compe ve exam 28)An applicant may not take an exam unless how many other applicants are present? ffi ti ti fi fi ti ti ff fi fi ffi ti ti ti ti At least one Each applicant takes the same examina on and is examined in the presence of other applicants. 30)How many points will be added to an entrance examina on grade for an applicant who served in the United States armed forces? 5 points, if received honorable discharge and made a passing grade on the examina on. 31)How many mes may an applicant take an exam for a par cular eligibility list? Once 32)How long shall the Commission keep each eligibility list for a beginning posi on? No less than 6 months or more than 12 months unless exhausted. ti ti ti ti ti ti ti ti ti ti ti 33)How long is the proba onary period for a beginning posi on in police or re? ff fi 29)Examina ons for beginning posi ons in the department may be held at di erent loca ons if what? 34)Is a re ghter or police o cer on proba on prohibited from joining an employee organiza on? No 35)A re ghter or police o cer must serve how long in the department before they can be eligible for a rank of captain or equivalent? At least 4 years 36)If a person is recalled to ac ve military duty for not more than how long will they s ll be eligible to take promo onal exam to include military me as me served on duty? 60 months 37)The Commission shall post source material for a promo onal exam how long before the exam? ti ti ti tt ti ti ti ffi ffi ti fi ti fi fi At least 90 days fi ti " 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 collec ve bargaining or meet and confer and person is required to a end a TCLEOSE academy." 38)The Commission shall post no ce of a promo on exam when and where? "At least 30 days before exam and the Bulle n board of main lobby of city hall and Commission o ce" 39)What happens if there are not enough re ghters or police o cers with at least 2 years in lower posi on to take the promo onal exam. The Commission shall open it up to person with less than 2 years 40)Can persons on ac ve military duty take a promo onal exam? "Yes. The does not have to be iden cal to the test taken by other candidates." 41)Can part of a promo onal exam be an oral interview? No 42)The promo onal exam ques ons must be based on what? (3 things) 1. Du es of the posi on for which the exam is held 2. Material that is of reasonably current publica on and has been made reasonably available ti ffi ti ti ti ti ti fi fi ti ti ti ti ti ffi ti ti ti ti 3. Any study course given by the departmental schools of instruc on 43)When does grading of the promo on exam take place? Immediately a er the exam is over 44)Who is responsible for the prepara on and security of each promo onal examina on? The Director 45)Who is responsible for the fairness of the promo onal exam? The Commission, the director, and each municipal employee involved in prepara on or administra on of the exam 46)"In regard to promo onal exam, A person commits an o ense if they knowingly or inten onally: and is punishable by: 1. Reveals a part of the promo onal exam to unauthorized persons 2. Receives part of the exam for unfair personal gain or advantage Misdemeanor ne not less than $1000 not more than one year in county jail or both" ti ti ti ti ti ti ti ti ff ti fi ft ti ti 47)When and where shall grading of a promo onal exam begin and take place? When an eligible candidate completes the exam at the exam loca on. Any candidate may remain during grading. 48)How many seniority points do police o cers and re ghters get on promo onal exams? One point for each year of service. Maximum of 10 points. ***Only if the applicant scores a passing grade of at least 70 points*** 49)Who shall determine the method to break a e-on exams? The Commission 50)When and where shall the Commission post the individual raw test scores for a promo onal exam? Within 24 hours a er the exam on a bulle n board in the main lobby of city hall 51)If dissa s ed, How many days does a candidate have to appeal a promo onal exam? Within 5 business days, to the commission for review in accordance with this chapter. ti fi fi ti ti ffi ft ti fi ti ti ti ***Saturday, Sunday, or legal holiday is not considered a business day*** 52)When a vacancy occurs in a non-entry posi on what shall occur? The director shall cer fy the names of three candidates having the highest grade on an eligibility list within 10 days. 53)If an eligibility list does not exist on the date a vacancy occurs, when shall the Commission hold an exam? Within 90 days 54)If an eligibility list exists on the date a vacancy occurs, how long does the department head have to ll it? Within 60 days 55)If the person having the highest grade on the promo on exam is by-passed, the department head shall do what? Personally discuss the reason for being by-passed with the person and le the reason in wri ng to the Commission for review. fi ti ti fi ti ti ti 56)What happens to a person who is by-passed on an eligibility list for promo on? The person's name is returned to its place on the eligibility list and shall be resubmi ed to the department head if a vacancy occurs. 57)How many mes must a person be by-passed before the Commission removes the person from the eligibility list? 3 mes 58)Each promo onal eligibility lists remains in existence for how long? One year a er the date on which the wri en examina on is given, unless exhausted 59)If a department head temporarily designates a person to a posi on of higher classi ca on, what is the person en tled to? Base salary of higher posi on, Longevity or seniority pay, Educa onal and cer ca on incen ve pay 60)What types of pay are police and re ghters en tled to in addi on to their base salary? (6 things) ti ti ti ti ti ti tt fi fi ti ti ti fi ti ti ft ti tt fi ti ti 1. Longevity and seniority pay 3. Assignment pay 4. Cer ca on pay 5. Shi di eren al 6. Fitness incen ve pay 61)What type of pay may a municipal governing body authorize for re ghters and police o cers who perform specialized func ons? Assignment pay 62)How is assignment pay set? By ordinance and is in addi on to the regular pay received by members of the re or police department. 63)Is the department head of re or police eligible for assignment pay? No 64)Are eld training o cers eligible for assignment pay? Yes fi fi ti ti ca on, educa on, and tness incen ve pay? fi ti ti fi ti fi ti ffi ti ti ti ffi ti ff ti fi fi ti 65)Who authorizes cer ft fi 2. Educa on incen ve pay 66)A Commission rule prescribing cause for removal or suspension of a re ghter or police o cer is not valid unless it involves one or more of the following grounds: (12 things) 1. Convic on of felony or moral turpitude 2. Viola ons of municipal charter 3. Acts of incompetency 4. Neglect of duty 5. Discourtesy to public or fellow employees 6. Acts showing lack of good moral character 7. Drinking intoxicants while on duty or intoxica on o duty 8. Conduct prejudicial to good order 9. Refusal or neglect to pay just debts 10.Absence without leave 11.Shirking duty or cowardice at res 12.Viola on of department rule or special order 67)The head of the re or police department may suspend a re ghter or police o cer for viola on of a civil service rule for what period of me? fi fi ti fi fi ff ti fi ti ffi fi ffi ti ti A reasonable period not to exceed 15 calendar days or for an inde nite period. ti fi Municipal governing body 68)An inde nite period is equivalent to what? Dismissal from the department 69)Within how long must the department head le a wri en statement with the Commission giving the reason for a suspension? 120 hours/5 days 70)What must a wri en statement to a suspended re or police o cer inform them? If they want to appeal, they must le a wri en appeal within 10 days. 71)The wri en statement of suspension led by the department head with the Commission must contain what? It must point out each civil service rule alleged to have been violated and must describe the alleged acts. 72)If the department head does not speci cally point out the facts that the person allegedly violated in the wri en statement of suspension, the Commission shall do what? ffi tt fi fi tt fi fi tt fi tt fi tt Promptly reinstate the person 16 to 90 calendar days 74)If the original statement and charges and in any hearing conducted, the department head may not complain of an act that occurred earlier than what? The 180th day proceeding the date the department head suspends the re ghter or police o cer. 75)A re ghter or police o cer is en tled to what when appearing before the Commission on an involuntary demo on? Full and public hearing 76)How long does the Commission have to give no ce on an involuntary demo on hearing? At least 10 days 77)If a re ghter or police o cer is indicted for a felony or charged with a class A or B misdemeanor, how long may the department head temporarily suspend the person without pay? Not to exceed 30 days ffi ti fi fi ti ti ffi ffi ffi ti ti fi ti fi ti fi ff fi 78)If an ac on directly relates to a felony or misdemeanor complaint occurred violates civil service rules, the department head may do what? fi fi 73)If o ered by the department head, the re ghter or police o cer may agree in wri ng to voluntarily accept, with no right of appeal, a suspension of what period of me? 79)Who may a re ghter or police o cer appeal to for back pay if found not guilty of a felony or misdemeanor charge? The Commission or a hearing examiner 80)Does acqui al or dismissal of an indictment or complaint mean that a re ghter or police o cer has not violated civil service rules? No 81)If the department head intends to order an inde nite suspension a er the 180-day period, the department head must le a statement describing the criminal inves ga on and objec ves with who? A orney general 82)Who may a person appeal an inde nite suspension, promo onal pass or demo on to other then the Commission? Independent third-party hearing examiner (in such cases the person waives all rights to appeal to district court) fi ft ti ti ti fi fi fi fi ffi ti ffi ti fi ti fi tt ti 83)Is the hearing examiner's decision nal and binding on all par es? tt fi Bring a charge against the person within 30 days for viola on of civil service rules. Yes 84)If the par es do not agree on the selec on of an impar al hearing examiner, what happens? Within 10 days the director shall request 7 quali ed neutral arbitrators from the American Arbitra on Associa on or the Federal Media on and Concilia on Service. 85)An appeal hearing shall begin as soon as the hearing examiner can be scheduled. If an examiner cannot begin within how long, a new one will be selected? Within 45 calendar days 86)Unless otherwise agreed upon, How long does a hearing examiner have to render a decision on an appeal in an expedited hearing? Within 10 days a er the date the hearing ended. 87)If an appeal does not involve an expedited hearing, how long does a hearing examiner have to render a decision? ti fi ti ti fi ti ti ti ft ft ti Within 30 days a er the date the hearing ends or the briefs are led. 88)Who pays the hearing examiners fees and expenses? Shared equally by the appealing re ghter or police o cer and by the department. 89)Who pays for the cost of a witness in an appeal hearing? The party that calls the witness 90)A district court may hear an appeal of a hearing examiners award only on what grounds? The arbitra on panel was without jurisdic on or exceeded its jurisdic on or that the order was procured by fraud, collusion, or other unlawful means. 91)If a ques on arises as to whether a re ghter or police o cer is physically or mentally t, the person shall submit what to the Commission? A report from the person's personal physician, psychiatrist, or psychologist 92)If the Commission, department head or person requests the validity of a person’s medical or mental report, what will happen? The Commission shall appoint a physician, psychiatrist, or psychologist ti ffi ffi ti fi fi fi fi fi ti ti 93) If the reports from the personal and Commission appointed physician disagree with each other, what shall happen? 94) Who pays for the physicians, psychiatrists, or psychologists when a person’s tness for duty is ques oned? The re ghter or police o cer pays for the personal physician, psychiatrist, or psychologist. The municipality pays the rest. 95) If a municipality is unable to recruit quali ed re ghters or police o cers because of the maximum age limit and the municipal governing body nds this creates an emergency, what can be done? The Commission shall recommend to the governing body addi onal rules governing the temporary employment of persons who are 36 years of age or older. 96) A person employed under emergency appointment of temporary re ghters and police o cers is: (5 things) 1. Designated as a temporary employee 2. Not eligible for pension bene ts 3. Not available for appointment or promo on if permanent employee posi on is available fi ffi fi ti fi fi fi ti fi fl ffi ti ffi fi fi 4. Not eligible to become a full edge civil service employee ti fi fi The Commission shall appoint a three-member board composed of physicians, psychiatrists, or psychologists. 5. Must be dismissed before a permanent employee is dismissed for reduc on 97) While in uniform or on ac ve duty, a re ghter or police o cer may not take ac ve part in what? Another person's poli cal campaign 98) What cons tutes a person taking ac ve part in a poli cal campaign? (6 things) 1. Makes a poli cal speech 2. Distributes poli cal material 3. Writes a le er 4. Signs a pe on 5. Solicits votes 6. Makes derogatory remarks about a candidate in public 99) Can a re ghter or police o cer be required to contribute to a poli cal fund or to render a poli cal service to a person or party? ti ffi ti fi fi ti ffi ti ti ti ti ti ti ti tt ti fi ti fi ti No 100)In addi on to the misdemeanor penalty for viola on of Chapter 143, what will happen to a re ghter or police o cer who engages in a strike against the governmental agency that employs the re ghter or police o cer? The person shall be automa cally released and discharged from the department and will not receive any pay or compensa on from public funds. 101)What is the punishment for a person who gives or accepts anything of value for a person's re rement? Class A misdemeanor 102)What shall the personnel le the director maintains on each re ghter or police o cer contain? (3 things) 1. Commenda on, congratula on or honor bestowed on a person 2. Any misconduct resul ng in disciplinary ac on 3. Periodic evalua on of a person 103)A le er, memorandum or document rela ng to disciplinary ac on shall be removed from the employee's le if the Commission nds that: (2 things) 1. The disciplinary ac on was taken without just cause ffi fi ti fi fi ffi ti fi fi ti ti ti ffi fi ti ti fi ti ti fi ti fi ti ti ffi ti tt 2. The charge of misconduct was not supported by su cient evidence 104)The director may not release any informa on contained in a re ghter or police o cer's le without doing what? fi fi ti tt fi ffi Obtaining the persons wri en permission unless required by law.