Chp 143 Flashcards
Commission means
Fire fighters and police officers civil service commission
Department head
chief
Director
HR director
governing body municipality must receive equal to at least
10% of the number of voters who voted in the recent elections
to be valid must have atleast
20% of signatures
The chief exec of the municipality shall appoint members of the commission within?
60 days
Within ____days after the date of the first fiscal year
30 days
How many members on the commission
3
Members serve a staggered
3 year term
If an officer wants to file an appeal with the commission must do it within
10 days
appeal of commission decision to district court
10 days after the date of final commission decision
Force Reduction: least seniority will be reduced and
demoted
if the vacated or abolished position is filled or recreated within ____ after it was vacated the position must be filled from the reinstatement list
1 year
If a negative letter or memorandum is placed in an employees personnel file the director or designee shall notify the affected police officer within?
30 days
A police officer can file a response to the negative letter on or before the
15th day
Meeting or hearing must receive a
48 hour notice
Commission Appeal: If the police officer files it with the commission within ___days after the date of action
15 days
The commission will render a decision within ___days
60
If no response by commission within 60 days by commission
appeal is sustained
appeal timeline
15 day before hearing
written refusal to subpoena materials
3 days from commission
Indefinite suspension notification
60 days for commission to render decision
indefinite suspension or promotional pass over or demotion, the police officer may elect to appeal to?
3rd party hearing examiner instead of commission
The hearing examiners decision is?
final and binding
Appointment of AC
served for 5 years
Examination exams veterans will earn___points
5
a person must be at least ____years old at the end of the probationary period
21
Promotional exam notice
90 days
Vacancy for promotion must be filled within ____days
60
if an elgibility list does not exist the vacancy shall be filled within ____days after the date the vacancy occurs from an eligibility liste that the commission shall provide within ___ days after the date the vacancy offurs
95, 90
Communications class
includes each person who performs technical operations of police communications
Technical class
each person who performs criminal laboratory analysis and interpretations of identification and photography
the commission may appoint a three member panel to review APC issues consisting of
Physician
Psychiatrist
Psychologist
The head of the police department may suspend a police officer for disciplinary reason of a period not to exceed ___days
15
The chief may not suspend a police officer later than the ____day after the department discovers or becomes aware of the civil service rule violation
180th
COP must notify the commission of a suspension within ___hours
120
If an officer wants to file an appeal about suspension with the commission it shall be a written appeal within ___days.
10
If the COP offers a suspension of ___to ____ calendar days for violation of civil service rules. the officer may voluntarily accept the suspension with no right to appeal
16, 90
The police officer must accept the offer within ___days after the offer is made.
5 working
If an officer refuses an offer and wants to appeal to the commission the officer has ___days after receipt of suspension
15
If an officer appeals indefinite suspension to the commission the commission shall hold a hearing and render a decision within ___days
30
Uncompensated Duty
Days of work without pay (Positive Discipline)
Maximum days of Positive Discipline
If combined with disciplinary suspension the total days may not exceed 15 days
How many days must you be informed of the nature of complaint against you
30
Do you have to sign written reprimand
You can refuse to sign
You may submit a written response to a reprimand to the department head within _____days
10
To be eligible for legislative leave a police officer must submit a written application to the municipality on or before the ____day
30th
How long for response from municipality for leave approval
30
If legislative leave is granted employee cannot exceed ____% of the applicants total annual working days
30
An employee organization may not use for legislative leave purposes more than ____hours from its time account.
4,000
Legislative leave use
Before January 2nd of the calendar year in which the leave is requested
If the aggrieved police officers immediate supervisor is the department head, grievance steps? are combined___ the department head shall meet with the aggrieved and may not appoint a representative
Steps I and II
Police employee group means an organization in which at least ____% of the officers participate and pay dues.
3
Chapter 143, Municipal Civil Service for Firefighters and Police Officers, applies
only to a municipality has a population of:
10,000 or more
On adoption of Chapter 143, the Fire Fighters’ and Police Officers’ Civil Service
Commission is established in the municipality. The chief executive of the
municipality shall appoint the members of the commission within ________ after
the date this chapter is adopted. Within ________ after the date the municipality’s
first full fiscal year begins after the date of the adoption election, the governing
body of the municipality shall implement this chapter.
60 days; 30 days
Which of the following is true regarding the Civil Service Commission established
under Chapter 143?
a person appointed to the commission must not have held a public office
within the preceding three years
The chief executive of a municipality or a municipal official commits an offense if
the person knowingly or intentionally refuses to implement this Chapter 143 or
attempts to obstruct the enforcement of this chapter. An offense under this
subsection is a misdemeanor punishable by a fine of
not less than $100 or more than $200
In each hearing, appeal, or review of any kind in which the commission performs
an adjudicatory function, the affected fire fighter or police officer is entitled to be
represented by counsel or a person the fire fighter or police officer chooses. Each
commission proceeding shall be held in public. The commission may issue
subpoenas and subpoenas duces tecum for the attendance of witnesses and for
the production of documentary material. The affected fire fighter or police officer
may _________________ any books, records, documents, papers, accounts, or
witnesses that the fire fighter or police officer considers pertinent to the case.
request the commission to subpoena
A person appointed as head of a police department must
be eligible for certification by the Texas Commission on Law Enforcement at
the intermediate level or its equivalent as determined by that commission and
must have served as a bona fide law enforcement officer for at least five years
If approved by the governing body of the municipality by resolution or ordinance,
the head of a fire or police department in the municipality in which at least four
classifications exist below the classification of department head may appoint each
person occupying an authorized position in the classification immediately below
that of department head, as prescribed by this section. The classification
immediately below that of department head may include a person who has a
different title but has the same pay grade. This section does not apply to a
municipality with a population of:
1.5 million or more
The Chapter 143 civil service commission shall set the age and physical
requirements for applicants for beginning and promotional positions. The
commission shall require each applicant for a beginning or a promotional position
to take an appropriate physical examination. The commission may require each
applicant for a beginning position to take a mental examination. The examination
shall be administered by a physician, psychiatrist, or psychologist, as appropriate,
appointed by the commission. Which of the following is true concerning the
examination process?
if an applicant is rejected by the physician, psychiatrist, or psychologist, as
appropriate, the applicant may request another examination by a board of
three physicians, psychiatrists, or psychologists, as appropriate
When a vacancy occurs in a beginning position in a fire or police department, the
department head shall request in writing from the commission the names of
suitable persons from the eligibility list. The director shall certify to the
municipality’s chief executive the names of the three persons having the highest
grades on the eligibility list. From the three names certified, the chief executive
shall appoint the person having the highest grade unless there is a valid reason
why the person having the second or third highest grade should be appointed. If
the chief executive does not appoint the person having the highest grade, the chief
executive shall clearly set forth in writing ____________ reason why the person
having the highest grade was not appointed.
the good and sufficient
According to Texas Local Government Code - Chapter 143, each promotional
examination is open to each police officer who ___________ immediately before
the examination date has continuously held a position in the classification that is
immediately below, in salary, the classification for which the examination is to be
held.
for at least two years
If the head of the fire or police department wants a fire fighter or police officer
under his supervision or jurisdiction to be involuntarily demoted, the department
head may recommend in writing to the civil service commission that the
commission demote the fire fighter or police officer. The commission may refuse
to grant the request for demotion. If the commission believes that ____________
exists for ordering the demotion, the commission shall give the fire fighter or police
officer written notice to appear before the commission for a public hearing at a
time and place specified in the notice.
probable cause
If a sufficient number of fire fighters or police officers are available to carry out the
normal functions of the fire or police department, a fire fighter or police officer may
not be refused ____________ to attend a fire or police school, convention, or
meeting if the purpose of the school, convention, or meeting is to secure a more
efficient department and better working conditions for department personnel
a reasonable leave of absence without pay
A municipality shall provide to a fire fighter or police officer a leave of absence for
an illness or injury related to the person’s line of duty. The leave is with full pay for
a period commensurate with the nature of the line of duty illness or injury. If
necessary, the leave shall continue for at least one year. At the end of the
one-year period, the municipality’s governing body:
may extend the line of duty illness or injury leave at full or reduced pay
In a municipality with a population of 1.5 million or more, an appeal by a fire fighter
or police officer to the commission from an action for which an appeal or review is
provided by this chapter is sufficient if the fire fighter or police officer files it with
the commission within ________ after the date the action occurred. In an appeal
provided by this chapter the commission shall render a decision in writing within
________ after it received the notice of appeal, unless the provisions of Section
143.1017(d) have been invoked by the fire fighter or police officer. If the
commission does not render a decision in writing within ________ after the date it
receives notice of the appeal, the commission shall sustain the fire fighter’s or
police officer’s appeal.
15 days; 60 days; 60 days
The commission shall provide for open, competitive, and free entrance
examinations to provide eligibility lists for beginning peace officer positions in the
police department. An examinee may not take an examination unless at least
one other examinee taking the examination is present
Except as provided by Subsection © and Section 143.111, all fire fighters or police
officers in the same classification are entitled to the same base salary. In addition
to the base salary and if applicable, each fire fighter or police officer is specifically
entitled to each of the following types of pay EXCEPT:
uniform allowance for plain clothes assignments
The head of the fire or police department may suspend a fire fighter or police
officer under the department head’s supervision or jurisdiction for disciplinary
reasons for a reasonable period not to exceed 15 days. If the department head
suspends a fire fighter or police officer, the department head shall, within
________ after the fire fighter or police officer is notified of the suspension, file a
written statement of action with the commission.
120 hours
If a disciplinary action is entirely overturned on appeal by the commission, an
independent third-party hearing examiner, or a court of competent jurisdiction,
which of the following is true regarding the expungement of records in files
concerning the disciplinary action?
documents that must be expunged under this subsection include all
documents that indicate disciplinary action was recommended or taken
against the fire fighter or police officer, such as the recommendations of a
disciplinary committee or a letter of suspension
If the commission, a hearing examiner, or a district court orders that a fire fighter
or police officer suspended without pay be reinstated, the municipality shall do
which of the following?
if the municipality does not fully repay all lost wages to the fire fighter or police
officer as provided by this section, the municipality shall pay the person an
amount equal to the lost wages plus accrued interest
In a municipality with a population of 1.5 million or more, a person who ends
service with the police department for any reason and is later reappointed to the
department must serve a probationary period of ________ from the date of
reappointment.
six months
A fire fighter or police officer is entitled to legislative leave without pay to appear
before or to petition a governmental body during a regular or special session of
that body as prescribed by this section. To be eligible for legislative leave, a fire
fighter or police officer must submit a written application to the municipality on or
before the ________ before the date the fire fighter or police officer intends to
begin the legislative leave.
30th day
To continue a grievance procedure, the fire fighter or police officer must complete
a step II grievance form and file it with the department head or the departmental
grievance counselor within 15 calendar days after the date the fire fighter or police
officer receives the supervisor’s response under Section 143.128. The
departmental grievance counselor shall arrange a meeting of the fire fighter or
police officer:
and that person’s immediate supervisor or other appropriate supervisor or
both
If a dispute is referred to mediation under this section (Chapter 143.135), the time
limitations and deadlines are tolled until the earliest of (1) the date the parties
reach a settlement and execute a written agreement disposing of the dispute; (2)
the date the mediator refers the dispute to another appeals or grievance procedure
under this subchapter; or
the 60th day after the date the dispute was referred to mediation
The public employer may recognize an association that submits a petition signed
by a majority of the paid fire fighters or police officers in the municipality, excluding
the head of the department and assistant department heads in the rank or
classification immediately below that of the department head, as the sole and
exclusive bargaining agent for all of the covered fire fighters or police officers.
Who shall designate a team to represent the public employer as its sole and
exclusive bargaining agent for issues related to the fire department and a separate
team to represent the public employer as its sole and exclusive bargaining agent
for issues related to the police department?
the public employer’s manager or chief executive and the police chief or fire
chief, as appropriate
An agreement under (Subchapter I, Fire Fighter and Police Officer Employment
Matters in Municipalities with a population of 460,000 or more that operates under
a city manager form of government) supersedes a previous statute concerning
wages, salaries, rates of pay, hours of work, or other terms and conditions of
employment to the extent of any conflict with the statute. A petition signed by at
least 10 percent of the qualified voters of the municipality may be presented to the
municipal secretary calling an election for the repeal of the agreement
not later than the 45th day after the date an agreement is ratified by both the
municipality and the association
