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DFD 2018 SOPs For Promotion Tests > Rules And Regulations Of The Civil Service Commission > Flashcards

Rules And Regulations Of The Civil Service Commission Flashcards

1
Q

Date of adoption of the Rules and Regulations of the Civil Service Commission?

A

December 2, 2015

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2
Q

Regarding the adoption of the Rules and Regulations how did the civil service commission meet?

A

In open session

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3
Q

For what purpose did the civil service commission meet regarding the rules and regulations?

A

Consideration and adoption of proposed amendments to the COD Firefighters and Police Officers service rules and regulations

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4
Q

What is it the order of the commission regarding the rules and regulations considered?

A

They be revised and herby adopted to be the official rules and regulations for denton civil service employees

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5
Q

Who would cause the rules and regulations to be officially recorded and thereafter implemented in accordance with Chapter 143?

A

Director of Civil Service

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6
Q

When is it the order of the commission that the rules and regulations become fully effective?

A

Immediately upon their being recorded and implemented in compliance with chapter 143

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7
Q

On what day was the order for the rules and regulations signed and entered?

A

December 2, 2015

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8
Q

What three persons signed the order for the rules and regulations?

A

Dr. Darhyl Ramsey
Paul Abbott
Abraham Benavides

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9
Q

Who was the chair of the commission at the time the order for the rules and regulations was signed?

A

Dr. Darhyl Ramsey

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10
Q

Who was the vice-chair of the commission at the time the order for the rules and regulations was signed?

A

Paul Abbott

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11
Q

Who was the 3rd commissioner at the time the order rules and regulations was signed?

A

Abraham Benavides

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12
Q

Who attested the order for the rules and regulations?

A

Carla Romine

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13
Q

What was Carla Romine’s position when signing the order for the rules and regulations of the civil service commission?

A

Director Civil Service Commission

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14
Q

What is chapter A of the Rules and Regulations?

A

General Provisions

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15
Q

How many sections are there in the general provisions portion of the rules and regulations?

A

20

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16
Q

What is chapter B of the rules and regulations?

A

Classification and Appointment

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17
Q

How many sections are there for the classification and appointment portion of the rules and regulations?

A

20

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18
Q

What range of section numbers is under chapter A of the rules and regulations?

A

001-020

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19
Q

What range of section numbers is under chapter B of the rules and regulations?

A

021-040

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20
Q

What is chapter c of the rules and regulations?

A

Compensation

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21
Q

How many sections are there in chapter c of the rules and regulations?

A

10

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22
Q

What is the range of sections in chapter c of the rules and regulations?

A

041-050

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23
Q

What is chapter d of the rules and regulations?

A

Disciplinary action

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24
Q

How many sections are in chapter d of the rules and regulations?

A

20

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25
Q

What is the section range for chapter D of the rules and regulations?

A

051-070

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26
Q

What is chapter E of the rules and regulations?

A

Leaves

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27
Q

How many sections are in chapter E of the rules and regulations?

A

10

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28
Q

What is the range of sections for chapter E of the rules and regulations?

A

071-080

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29
Q

What is chapter F of the rules and regulations?

A

Miscellaneous Provisions

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30
Q

How many sections are in chapter F of the rules and regulations?

A

20

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31
Q

What is the range of sections for chapter F of the rules and regulations?

A

081-100

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32
Q

According to the rules and regulations of the civil service commission what is the definition of Appointment?

A

The designation of a person by the City Manager to become and employee in a classified civil service position

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33
Q

According to the rules and regulations of the civil service commission what does the meet and confer agreements on September 26, 2006 allow regarding appointments?

A

For the department head to make appointments

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34
Q

According to the rules and regulations of the civil service commission what is the definition of Business Day?

A

Day the City is customarily open for normal business.

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35
Q

According to the rules and regulations of the civil service commission does the term business day refer to the employee’s workday?

A

NO

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36
Q

According to the rules and regulations of the civil service commission what is the definition of classification?

A

A position or group of positions that involve similar duties and responsibilities and require similar qualifications

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37
Q

According to the rules and regulations of the civil service commission what is the definition of Civil Service Anniversary Date?

A

The date a person was most recently hired into a classified civil service position in this city

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38
Q

According to the rules and regulations of the civil service commission what is the definition of Day?

A

Calendar day unless otherwise specified

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39
Q

According to the rules and regulations of the civil service commission what is the definition of Demotion?

A

The transfer of an employee from a position in one classification to a position in another classification for which the maximum rate of pay is lower

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40
Q

According to the rules and regulations of the civil service commission what is the definition of Eligibility List?

A

A list of candidates for a classified civil service position who have taken and passed the examination, turned in all paperwork as required by the department and/or Civil Service Director, and passed and are ranked on the eligibility list in order of the score received?

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41
Q

According to the rules and regulations of the civil service commission what 3 things must a candidate do to be on an eligibility list?

A
  1. Taken and passed the examination
  2. Turned in all paperwork as required by the department and/or civil service director
  3. Passed and are ranked on the eligibility list in order of the score received including tie-breakers
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42
Q

According to the rules and regulations of the civil service commission what does the Fire Department call the “Eligibility List”?

A

Commission List

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43
Q

According to the rules and regulations of the civil service commission what does the Police Department call the “Eligibility List”?

A

Certification List

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44
Q

According to the rules and regulations of the civil service commission what will the police department base their “certification list” on?

A

Texas Peace Officer Certifications after passing the written exam

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45
Q

According to the rules and regulations of the civil service commission when does the “certification list” of the police department become the “eligibility list”?

A

Once the Civil Service Director certifies all the name on the list to the Department Head

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46
Q

According to the rules and regulations of the civil service commission what will police candidates for the rank of Lieutenant be subject to in addition to the written exam?

A

A written exercise and oral presentation

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47
Q

According to the rules and regulations of the civil service commission how are candidates for police lieutenant ranked on the eligibility list?

A

The cumulative score for the written exercise and oral presentation will be added to the cumulative score for the written exam and the ranking on the list will be based according to the candidates total score

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48
Q

According to the rules and regulations of the civil service commission what person receives a Military Service Credit?

A

A person who has served a minimum of 180 days of active duty in the armed forces of the USA and who has received a DD-214 that reflects an honorable discharged. Any discharge other than the honorable discharge is not creditable for the purpose of this section.

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49
Q

According to the rules and regulations of the civil service commission what is the definition of Raw Score?

A

The numerical grade based upon the questions correctly answered on entrance and promotional examinations unverified and subject to verification by the commission

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50
Q

According to the rules and regulations of the civil service commission what is the definition of Veteran?

A

An honorably discharged person who has served for a minimum of 180 days active duty in the armed forces of the USA

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51
Q

According to the rules and regulations of the civil service commission what is the definition of “Working Day”?

A

In the case of each police officer, for purposes of the accumulation of holiday, vacation, and sick leave, a “working day” shall be considered to be 8 hours

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52
Q

According to the rules and regulations of the civil service commission does a “working day” equate to a “shift”?

A

NO

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53
Q

According to the rules and regulations of the civil service commission how many hours is considered a working day?

A

8 hours

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54
Q

According to the rules and regulations of the civil service commission where is the meeting place of the commission designated?

A

In the meeting notice

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55
Q

According to the rules and regulations of the civil service commission what law does Section 551.07 et seq of the Texas Government Code refer to?

A

Open Meetings Law

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56
Q

According to the rules and regulations of the civil service commission with what law will the commission conduct all meetings in compliance?

A

Open Meetings Law

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57
Q

According to the rules and regulations of the civil service commission who will call meetings of the civil service commission?

A

Director of Civil Service

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58
Q

According to the rules and regulations of the civil service commission from what 3 places may a request for a meeting come?

A
  1. Request of the chair
  2. Written request of any 2 commissioners
  3. Request of the Fire or Police Chief
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59
Q

According to the rules and regulations of the civil service commission notice of a meeting of the commission should be given by the director to the members at least how many hours preceding the day of the meeting?

A

72 hours

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60
Q

According to the rules and regulations of the civil service commission in what situation does the director not have to give 72 hours notice for a meeting?

A

In case of emergency or urgent public necessity

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61
Q

According to the rules and regulations of the civil service commission how much notice does the director have to give members for a meeting in the case of emergency or urgent public necessity?

A

2 hours notice (in accordance with the provisions of the Texas Government Code)

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62
Q

According to the rules and regulations of the civil service commission what will the order of business and conduct of meeting be in conformity with in all matters of procedure not controlled by the provisions of the Texas Local Government Code chapter 143?

A

Robert’s Rules

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63
Q

According to the rules and regulations of the civil service commission how long shall the rules contained herein remain in effect?

A

Until officially amended, revised, or repealed by the commission

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64
Q

According to the rules and regulations of the civil service commission when may an amendment to a rule be made?

A

At any meeting of the commission

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65
Q

According to the rules and regulations of the civil service commission when do any amendments to the rules becomes effective?

A

On the date of their approval by the commission and subsequent compliance with the posting and notice requirements of chapter 143 and these rules

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66
Q

According to the rules and regulations of the civil service commission why was the civil service system of the city established?

A

For the purpose of developing and enforcing rules regarding the initial selection of employees as well as for their advancement, benefits, discipline and discharge, and conditions of employment

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67
Q

According to the rules and regulations of the civil service commission what do these rules do in relation to earlier rules and regulations?

A

Repeal and replace

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68
Q

According to the rules and regulations of the civil service commission what is the intent of these rules?

A

To cover situations not mentioned in chapter 143 or which are ambiguous in chapter 143

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69
Q

According to the rules and regulations of the civil service commission how shall situations not expressly cover the 143, city ordinances, meet and confer, or these rules be resolved?

A

In accordance with COD personnel rules and regulations,departmental SOPs, or the residual discretionary authority vested in a department head

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70
Q

According to the rules and regulations of the civil service commission to whom will these rules and regulations apply?

A

All the classified, non-probationary police officers and firefighters covered under 143 and specifically certified by the TCLE and TCFP

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71
Q

According to the rules and regulations of the civil service commission what is the responsibility of the director of the civil service commission when a specific rule doe not address a particular question or issue?

A

Interpret the rules based on circumstances, facts, and issues?

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72
Q

According to the rules and regulations of the civil service commission who will interpret the rules based on circumstances, facts, and issues when a specific rule does not address a particular question or issue?

A

Director of the Civil Service Commission

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73
Q

According to the rules and regulations of the civil service commission what 3 things will the director of the civil service commission use to interpret the rules when a specific rule does not address a particular question or issue?

A

Circumstances
Facts
Issues

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74
Q

According to the rules and regulations of the civil service commission what is the city council?

A

The elected legislative body that provides policy and guidance for the operations of the city, including the civil service system

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75
Q

According to the rules and regulations of the civil service commission with what authority are these rules enacted?

A

The statutorily delegated authority of chapter 143

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76
Q

According to the rules and regulations of the civil service commission what is the reason that it can be said “these rules do not constitute any form of policy nor any other official act of the city council”?

A

These rules were not acted upon in any official manner by the city council

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77
Q

According to the rules and regulations of the civil service commission who shall appoint the members of the civil service commission?

A

The city manager

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78
Q

According to the rules and regulations of the civil service commission how many people who meet the required statutory qualifications will the city manager appoint to the civil service commission?

A

3

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79
Q

According to the rules and regulations of the civil service commission who will confirm the appointment of the 3 statutorily qualified persons to the civil service commission by the city manager?

A

The city council

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80
Q

According to the rules and regulations of the civil service commission what 2 positions will the members of the civil service commission elect amongst themselves?

A

Chair

Vice-chair

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81
Q

According to the rules and regulations of the civil service commission when will the members elect one member to serve and chair and another as vice chair?

A

Every January

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82
Q

According to the rules and regulations of the civil service commission how will a vacancy in the chair position be handled?

A

The vice chair will assume the role of chair and an interim election held to elect a new vice chair

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83
Q

According to the rules and regulations of the civil service commission how will a vacancy in the vice chair be handled?

A

An interim election will be held to fill the office

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84
Q

According to the rules and regulations of the civil service commission what are the terms of office for each member of the commission?

A

Staggered 3 year term and thereafter until a successor is appointed and confirmed

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85
Q

According to the rules and regulations of the civil service commission when do new terms for commission members begin?

A

August

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86
Q

According to the rules and regulations of the civil service commission how shall interim vacancies on the commission be filled?

A

By appointment of the city manager and confirmation of the city council

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87
Q

According to the rules and regulations of the civil service commission if an interim vacancy has been filled by appointment and confirmation how long will the member serve?

A

They will serve the unexpired term of the member whose position has been vacated

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88
Q

According to the rules and regulations of the civil service commission does the term of a commission include appointments to serve an un-expired term of a previous commission member?

A

NO

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89
Q

According to the rules and regulations of the civil service commission what does the commission, acting in compliance with 143, have the authority to do regarding rules? (3)

A
  1. Adopt
  2. Publish
  3. Enforce
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90
Q

According to the rules and regulations of the civil service commission, the commission has the authority to adopt, publish and enforce rules relating to what 6 things?

A
  1. Proper conduct of commission business meetings
  2. Proper conduct of exams for entry level and promotional
  3. Proper conduct of appeals of testing and exam scoring
  4. Prescribed causes(s) for the removal or suspension of a civil service employee
  5. Procedures for the hearing of disciplinary appeals concerning suspensions without pay, indefinite suspensions, promotional passovers or recommended demotions
  6. Such other matters reasonably relegated to the selection, promotion, and discipline of civil service employees, not otherwise vested in the discretionary or managerial authority of the city council, city manager, director of civil service, fire chief, or police chief
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91
Q

According to the rules and regulations of the civil service commission, for what 4 disciplinary appeals does the commission have procedure for the hearing of?

A
  1. Suspensions without pay
  2. Indefinite suspensions
  3. Promotional passovers
  4. Recommended demotions
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92
Q

According to the rules and regulations of the civil service commission do the members of the commission act as individuals in the discharge of their duties?

A

NO. They act as a committee of the whole

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93
Q

According to the rules and regulations of the civil service commission, when and only when can an individual commission member speak for the commission?

A

Specially authorized to do so by action of the commission

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94
Q

According to the rules and regulations of the civil service commission where will regular meetings of the commission take place?

A

A time and place designated by the commission

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95
Q

According to the rules and regulations of the civil service commission who may call, schedule, reschedule, or cancel meetings of the civil service commission?

A

The Director of Civil Service

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96
Q

According to the rules and regulations of the civil service commission are business meetings of the commission open to the public?

A

YES

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97
Q

According to the rules and regulations of the civil service commission should the time, date, and place of business meetings of the commission be posted?

A

YES. In accordance with 143 and applicable state law

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98
Q

According to the rules and regulations of the civil service commission how are special meetings of the commission called?

A

By the chairperson or both of the other commission members upon giving reasonable advance notice to each commission member and the other parties necessary for the meeting

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99
Q

According to the rules and regulations of the civil service commission where shall the agenda for meetings be posted?

A

On the bulletin board at cit hall at least 72 hours prior to any meeting

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100
Q

According to the rules and regulations of the civil service commission by what time should the agenda for a meeting be posted on the bulletin board at city hall?

A

At least 72 hours prior to any meeting

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101
Q

According to the rules and regulations of the civil service commission what does the director have the discretion to not place on the agenda?

A

Any item over which he/she believes the commission lacks jurisdiction

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102
Q

According to the rules and regulations of the civil service commission can an item not on the agenda be acted upon at a meeting?

A

NO

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103
Q

According to the rules and regulations of the civil service commission can meetings of the commission be closed?

A

Yes. From time to time. In conformance with the provisions of applicable state law.

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104
Q

According to the rules and regulations of the civil service commission what constitutes a quorum sufficient to conduct business meetings?

A

2 members of the commission

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105
Q

According to the rules and regulations of the civil service commission in what fashion will the chairperson conduct meetings?

A

Orderly and timely

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106
Q

According to the rules and regulations of the civil service commission what will the normal order of business at non-disciplinary or non-appeal hearings? (6)

A
  1. Call to order
  2. Approval of minutes
  3. Action items
  4. Miscellaneous matters from the Director of Civil Service as long as the meetings notice is specific enough to comply with the Texas Open Meetings Act
  5. Future business
  6. Adjourn
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107
Q

According to the rules and regulations of the civil service commission what may occur during the “future business” part of the order of business?

A

Commission members may suggest items for future agendas

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108
Q

According to the rules and regulations of the civil service commission what must happen for the order of business to be altered?

A

By agreement of commission members present at the meeting

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109
Q

According to the rules and regulations of the civil service commission who will prepare the minutes each meeting?

A

The director of civil service or designee

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110
Q

According to the rules and regulations of the civil service commission when are the minutes of meetings to be presented for approval?

A

At a subsequent meeting of the commission

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111
Q

According to the rules and regulations of the civil service commission are meeting minute kept open for public inspection?

A

Yes as governed by state law other than matters discussed in executive session

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112
Q

According to the rules and regulations of the civil service commission where may a member record an approval of, or objection to any act of the commissioners together with the commissioners reasons?

A

In the minutes

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113
Q

According to the rules and regulations of the civil service commission how may a copy of the minutes be obtained?

A

From the director for the standard fee charged by the city for similar official record duplication

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114
Q

According to the rules and regulations of the civil service commission who shall sign the minutes of the commission?

A

Chairperson, or in the chairpersons absence, the vice chair person

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115
Q

According to the rules and regulations of the civil service commission how are all communications or requests to the commission to be made?

A

In writing through the office of the director of civil service

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116
Q

According to the rules and regulations of the civil service commission can a member of the commission tender their resignation at any time?

A

Yes in writing

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117
Q

According to the rules and regulations of the civil service commission who may remove a commission member from office?

A

City council

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118
Q

According to the rules and regulations of the civil service commission for what may a commission member be removed from office?

A

Misconduct in office or otherwise in accordance with chapter 143

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119
Q

According to the rules and regulations of the civil service commission what may automatically be deemed as a commission member having submitted a resignation?

A

Absence from 3 meetings during a 12 month period without good and reasonable cause

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120
Q

According to the rules and regulations of the civil service commission who will make a request for a replacement of a resigned member of the commission?

A

By the director to the city manager

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121
Q

According to the rules and regulations of the civil service commission what is 3 absences in a 12 month period deemed?

A

A resignation and if accepted by the city manager the position shall be deemed vacant without further action

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122
Q

According to the rules and regulations of the civil service commission. True of False? These rules supersede all other rules pertaining to fire fighters and police officers in the cit of denton except under 143 or meet and confer where applicable?

A

TRUE

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123
Q

According to the rules and regulations of the civil service commission if a part of these rules is held by the courts to be unconstitutional or invalid how does it affect the validity of the remaining portion of these rules?

A

Does NOT affect

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124
Q

According to the rules and regulations of the civil service commission what may the police chief and fire chief adopt and promulgate pertaining to the operation of their respective departments? (3)

A

Written rules, regulations, and personnel policies

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125
Q

According to the rules and regulations of the civil service commission can a departmental rule be in conflict with a provision o the civil service rules?

A

NO

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126
Q

According to the rules and regulations of the civil service commission to what 4 entities should copies of all departmental rules be made readily available?

A

Commission
Director
City attorney
Members of said department (Police or Fire)

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127
Q

According to the rules and regulations of the civil service commission. True or False? In appeals to the commission “rules of evidence” will not be observed.

A

TRUE

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128
Q

According to the rules and regulations of the civil service commission in appeals what shall the commission base its decisions on?

A

“Substantial evidence”

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129
Q

According to the rules and regulations of the civil service commission what is the definition of “substantial evidence”?

A

Evidence which “a reasonable mind would accept as adequate to support a particular conclusion” and consists of more than a mere scintilla of evidence but may be somewhat less than a preponderance

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130
Q

According to the rules and regulations of the civil service commission. Under the substantial evidence rule, as applied in administrative proceedings, what kind of evidence will be deemed competent and may be considered?

A

All evidence that is the kind of evidence that “a reasonable mind would accept as adequate to support a particular conclusion” regardless of its source or nature.

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131
Q

According to the rules and regulations of the civil service commission does it matter the source or nature of evidence for its consideration?

A

NO. As long as it is of a kind that “a reasonable mind would accept as adequate support to a particular conclusion”

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132
Q

According to the rules and regulations of the civil service commission. What 5 appeals have jurisdiction before the commission?

A
  1. Disciplinary suspensions of one to 15 days and indefinite suspensions
  2. Demotions
  3. Promotional passovers
  4. Written promotional examinations
  5. Rejection of entry level applicants by a physician, psychiatrist, or psychologist
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133
Q

According to the rules and regulations of the civil service commission what governs access to records of employees in the classified service including employment applications, background investigation records and reports, and examinations and answer sheets?

A

Texas Local Government Code

Texas Government Code

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134
Q

According to the rules and regulations of the civil service commission how shall a vacancy in the director position be filled?

A

By appointment by the commission

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135
Q

According to the rules and regulations of the civil service commission what is the director of the commission responsible for?

A

Implementing the rules and administering the civil service system

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136
Q

According to the rules and regulations of the civil service commission what are the 12 duties of the director of the commission?

A
  1. Serves as secretary to the commission
  2. Advisor to PD and FD and may monitor all exams including preparation, scheduling, scoring, and security thereof
  3. Advisor to PD and FD with coordination of recruitment and examination of applicants
  4. Sets agenda for commission meetings
  5. Acts as liaison and provides staff support to commission
  6. Determines whether any mater is appropriately brought before commission in a reasonable timely fashion
  7. Calls, schedules, reschedules, and cancels meetings of the commission
  8. Acts as records custodian as provided by 143
  9. Acts on behalf of the commission for actions and issues not specifically addressed in 143 or these rules
  10. Recodifies commission rules as necessary in a professional and timely fashion
  11. Establishes and monitors procedures for the discipline and termination of civil service employees
  12. Performs such other functions as may be deemed reasonably necessary in regard to the efficient and effective administration of the civil service system of the city
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137
Q

According to the rules and regulations of the civil service commission who is the police chief and fire chief approved to appoint?

A

If the positions are approved by city council then the police chief and fire chief may appoint each person occupying an authorized position in the classification immediately below that of Department head

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138
Q

According to the rules and regulations of the civil service commission from the police meet and confer agreement what positions may be filled by the department head?

A

All Deputy Chief and all Assistant Chief positions

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139
Q

According to the rules and regulations of the civil service commission from the fire meet and confer agreement what positions may be filled by appointment of the department head?

A

Fire Marshal

Emergency Management Program Manager

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140
Q

According to the rules and regulations of the civil service commission are the appointments for fire authorized under the meet and confer agreement in place of or in addition to those already authorized by 143?

A

In addition to

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141
Q

According to the rules and regulations of the civil service commission how are the civil service positions in fire and police classified?

A

On a basis of similarity in duties and responsibilities

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142
Q

According to the rules and regulations of the civil service commission which employees of the city shall be classified under civil service?

A

Only employees of the city authorized by this section shall be classified under civil service in either fire or police

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143
Q

According to the rules and regulations of the civil service commission how should classified positions in fire or police be filled?

A

By examination unless an alternative is outlined in the meet and confer agreement

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144
Q

According to the rules and regulations of the civil service commission what salary shall civil service personnel receive?

A

The salary specified and set forth in the current city budget

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145
Q

According to the rules and regulations of the civil service commission what will each applicant for entry level and promotional positions be required to submit to?

A

Such physical and mental tests as are reasonably necessary and proper to determine the physical and mental ability of the applicant to perform the essential functions required for the position sought

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146
Q

According to the rules and regulations of the civil service commission what do the physical and mental tests required of each applicant for entry level and promotional positions determine?

A

The physical and mental ability of the applicant to perform the essential functions required for the position sought

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147
Q

According to the rules and regulations of the civil service commission what will happen when an applicant is not capable of performing the essential job functions with reasonable accommodation or no accommodation?

A

Applicant will not be appointed

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148
Q

According to the rules and regulations of the civil service commission what may a candidate do if not appointed due to failure to successfully pass the medical or psychological exam?

A

May appeal

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149
Q

According to the rules and regulations of the civil service commission how does a candidate appeal a non appointment due to failure to successfully pass the medical or psychological exam?

A

Must appeal in writing to the commission, director or designee within 10 business days of initial receipt of notification of rejection

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150
Q

According to the rules and regulations of the civil service commission how long does a candidate who has been rejected due to failure to successfully pass the medical or psychological exam have to appeal?

A

10 business days of the initial receipt of notification of rejection

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151
Q

According to the rules and regulations of the civil service commission if the fire or police candidate is appealing their rejection based on failure to pass the medical or psychological exam what will be required?

A

The candidate to take a new medical or psychological exam, whichever on the candidate is appealing, at his/her own expense

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152
Q

According to the rules and regulations of the civil service commission who is responsible for the expense of a new medical or psychological test given due to appeal of rejection of a candidate?

A

The candidate

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153
Q

According to the rules and regulations of the civil service commission when an appeal is made by a candidate for rejection on the basis of failure to pass the medical or psychological exam what will be appointed by the commission?

A

A board of 3 physicians, psychiatrists, or psychologist as appropriate

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154
Q

According to the rules and regulations of the civil service commission how many physicians, psychiatrists, or psychologists will be appointed to a board during an appeal for rejection based on failure to pass the medical or psychological exam?

A

3

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155
Q

According to the rules and regulations of the civil service commission how many days will the board of physicians, psychiatrists, or psychologists have to finalize their assessment of a candidate who is appealing rejection due to failure to pass the medical or psychological exam?

A

60 days

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156
Q

According to the rules and regulations of the civil service commission when does the 60 day time frame begin for the board assessing a candidate who is appealing a rejection due to failure to pass the medical or psychological exam?

A

The 60 day time frame will begin when the board members receive written notification confirming their appointment to the board

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157
Q

According to the rules and regulations of the civil service commission can the time frame for the board to finalize their assessment of a candidate who is appealing rejection due to failure to pass the medical or psychological exam be extended?

A

YES. May be extended up to 30 days with approval from the civil service director

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158
Q

According to the rules and regulations of the civil service commission where are employment standards for firefighters and police officers provided?

A

In the city’s and department’s policies and procedures

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159
Q

According to the rules and regulations of the civil service commission how may entry level employment not prescribed by state laws be waived by the police chief or fire chief?

A

With the concurrence of the director of civil service and consent of the city manager

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160
Q

According to the rules and regulations of the civil service commission what does a waiver by the chief for entry level employment not prescribed by state law must show?

A

Must be shown to be in the best interest of the department and shall not substantially lower the high standards sought by the city

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161
Q

According to the rules and regulations of the civil service commission who shall establish written standards for entry level requirements into the police department?

A

Police chief

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162
Q

According to the rules and regulations of the civil service commission where are the requirements for entry level into the denton PD stated?

A

Denton Police Recruit Hiring Standards

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163
Q

According to the rules and regulations of the civil service commission who shall establish written standards for the rejection of applicants to the police department?

A

Chief of Police

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164
Q

According to the rules and regulations of the civil service commission who shall establish written standards for entry-level in the fire department?

A

Fire Chief

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165
Q

According to the rules and regulations of the civil service commission where are the minimum requirements for an entry level position in FD stated?

A

Denton Fire Department Rules and Regulations

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166
Q

According to the rules and regulations of the civil service commission what is the Fire Chief specifically empowered to include in the eligibility requirements for fire fighters?

A

Statutory certification (either as a firefighter, paramedic, or both) as a mandatory hiring criterion within those written standards

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167
Q

According to the rules and regulations of the civil service commission who shall establish written standards for rejection from the fire department?

A

Fire Chief

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168
Q

According to the rules and regulations of the civil service commission to whom shall application for employment be made?

A

Director of civil service or designee on the appropriate application forms

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169
Q

According to the rules and regulations of the civil service commission how will accommodations for applicants in accordance with the ADA to be provided?

A

Upon request to the director of civil service or designee

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170
Q

According to the rules and regulations of the civil service commission who shall be permitted to take the entry level exam?

A

Any person so long as the applicant has not been rejected by the director for cause in accordance with the provisions of these rules

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171
Q

According to the rules and regulations of the civil service commission what may the director do if there is a small number of applicants for a position?

A

Postpone an exam to a later date

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172
Q

According to the rules and regulations of the civil service commission. True or False? The director cannot cancel an examination just because of a change in the personnel requirements of the classified service may have made it unnecessary

A

FALSE. Any exam may be cancelled by the director should its occurrence become unnecessary because of a change in the personnel requirements of the classified service

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173
Q

According to the rules and regulations of the civil service commission what shall the director provide after the examination?

A

An eligibility list

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174
Q

According to the rules and regulations of the civil service commission how long shall the eligibility list remain effective?

A

The number of months specified on by the Position Opportunity Announcement or until all names have been referred to the appropriate department, whichever occurs first

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175
Q

According to the rules and regulations of the civil service commission how will the names on the “commission list” for fire be ranked?

A

All applicants with a passing grade ranked from highest to lowest including applicable military points

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176
Q

According to the rules and regulations of the civil service commission who shall certify the names on the commission list when requested?

A

Civil service director

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177
Q

According to the rules and regulations of the civil service commission what shall the fire chief do with the list of names on the commission list that have been certified by the civil service director?

A

Identify a number of applicants, based on the determination of the department head related to the number of vacancies, with the highest ranking from this list to proceed through the process

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178
Q

According to the rules and regulations of the civil service commission for the fire department how is the “eligibility list” created?

A

By taking the overall score for each eligible applicant based on the applicants final oral interview score (multiplied by 70%) and add the final chiefs interview score (30%)

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179
Q

According to the rules and regulations of the civil service commission what percentage of the final score is the oral interview board score?

A

70%

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180
Q

According to the rules and regulations of the civil service commission what percentage of the final score is the chiefs interview score?

A

30%

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181
Q

According to the rules and regulations of the civil service commission when a vacancy occurs in the fire department from where will the fire chief hire?

A

Fire chief shall appoint the eligibility suitable applicant having the highest final overall score on the eligibility list unless the fire chief has a valid reason for not appointing the person

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182
Q

According to the rules and regulations of the civil service commission how long does the “eligibility list” for fire remain in existence?

A

1 year after the written examination unless exhausted

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183
Q

According to the rules and regulations of the civil service commission for the police department what is the “department list”?

A

Applicants who made a passing grade on the written exam ranked highest to lowest including any military points, and tiebreakers applied to a passing grade

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184
Q

According to the rules and regulations of the civil service commission from where will the police chief or designee rank applicants from the department list?

A

According to the certifications outlined in article 2 section 2

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185
Q

According to the rules and regulations of the civil service commission after the police chief has ranked applicants from the department list what will the list be referred to forward?

A

“Certification list”

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186
Q

According to the rules and regulations of the civil service commission what will happen with the “Certification list” for the police department?

A

Forwarded to commission to be certified by the civil service director

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187
Q

According to the rules and regulations of the civil service commission what will the certification list be referred to as after being certified by the director?

A

“Eligibility list”

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188
Q

According to the rules and regulations of the civil service commission what will all examinations test?

A

The relative suitability and ability of the persons examined to discharge the duties of the particular positions to which they seek appointment

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189
Q

According to the rules and regulations of the civil service commission under who’s direction is the conduct of every examination?

A

Under the direction of the director of civil service

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190
Q

According to the rules and regulations of the civil service commission to whom is the director of civil service responsible pertaining to the conduct of the exam?

A

Responsible to the commission

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191
Q

According to the rules and regulations of the civil service commission what shall the director have the authority to do at every examination?

A

Designate an assistant to administer tests or examinations

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192
Q

According to the rules and regulations of the civil service commission what may be done to any person found cheating on an examination or otherwise deceiving the commission for purposes of improving his or her chances for an appointment?

A

The person shall be removed from further consideration and dropped from the eligibility list

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193
Q

According to the rules and regulations of the civil service commission only what persons will be ranked on the eligibility list?

A

Person with a passing raw score

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194
Q

According to the rules and regulations of the civil service commission what must an applicant wishing to receive military service credit provide to the director or designee?

A

A complete and unaltered copy of his/her DD Form 214

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195
Q

According to the rules and regulations of the civil service commission to receive military service credit the applicants DD Form 214 must show what 2 things?

A
  1. 180 days of active military service in the US armed forces
  2. Honorable discharge
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196
Q

According to the rules and regulations of the civil service commission what is the military credit worth?

A

5 points in addition to his/her passing score on the written exam

197
Q

According to the rules and regulations of the civil service commission how shall a tie in score between 2 or more applicants for entrance positions in the department be broken?

A

In the manner prescribed by the respective department prior to the posting of the certified eligibility list

198
Q

According to the rules and regulations of the civil service commission what are the 12 criteria ranked in order of importance from which the police department will break ties in scores of entry level applicants?

A
  1. Prior law enforcement experience plus certification in the State of Texas
  2. Certification in the State of Texas
  3. Certification in another state
  4. Graduate degree
  5. Bachelors degree
  6. Associates degree
  7. Current enrollment in a Texas certified police academy
  8. Experience as a Texas Police Reserve Officer
  9. Military Police experience
  10. Reserve Police experience
  11. Bilingual
  12. Applicant with the earliest registration date
199
Q

According to the rules and regulations of the civil service commission what are the 8 criteria in the order of importance from which the fire department will break ties in score the entry level applicants?

A
  1. Certified or certifiable by the TCFP
  2. Certified or licensed as an paramedic by TDH
  3. Certified as EMT-B by TDH or NR
  4. Raw score
  5. Bachelors degree
  6. Associates degree
  7. Bilingual
  8. Applicant with the earliest registration date
200
Q

According to the rules and regulations of the civil service commission for the tie breaker “certified or certifiable by the TCFP” who carries the burden of proof?

A

The applicant

201
Q

According to the rules and regulations of the civil service commission and the entrance examination administration procedures where is smoking prohibited?

A

In the testing area at all times

202
Q

According to the rules and regulations of the civil service commission and the entrance examination administration procedures if an applicant arrives after the time designated on the Position Opportunity Announcement what will happen?

A

No applicant shall be admitted after the time designated on the Position Opportunity Announcement

203
Q

According to the rules and regulations of the civil service commission and the entrance examination administration procedures where is the check in time noted?

A

Position Opportunity Announcement

204
Q

According to the rules and regulations of the civil service commission and the entrance examination administration procedures when must any applicant wishing to receive military credit provide the DD214?

A

Prior to the start of the exam

205
Q

According to the rules and regulations of the civil service commission and the entrance examination administration procedures what will occur with the registrations of any persons who fail to appear for the entrance exam?

A

Voided and disposed of by the director of civil service

206
Q

According to the rules and regulations of the civil service commission and the entrance examination administration procedures can the entrance exam be cancelled?

A

Yes. The director may cancel a scheduled entrance exam for sufficient cause

207
Q

According to the rules and regulations of the civil service commission and the entrance examination administration procedures what shall happen to any person found cheating on the entrance exam?

A

The persons exam shall be voided and the person removed from the testing site. The test administrator shall report the action to the director of civil service or designee

208
Q

According to the rules and regulations of the civil service commission and the entrance examination administration procedures who may the director select to assist in the administration, proctoring, and grading of an entrance exam?

A

A reasonable number of persons

209
Q

According to the rules and regulations of the civil service commission and the entrance examination administration procedures from what 2 entities may the director select a reasonable number of persons to assist in the entrance exam?

A

Employed by the COD

Employed by an agency of the state of Texas

210
Q

According to the rules and regulations of the civil service commission and the entrance examination administration procedures if a candidate fails to return the application and/or personal history statements by the prescribed time what will be the result?

A

Candidate shall be ineligible to continue in the hiring process

211
Q

According to the rules and regulations of the civil service commission and the entrance examination administration procedures who must any person on an eligibility list with a change of address notify?

A

Director of Civil Service

212
Q

According to the rules and regulations of the civil service commission and the entrance examination administration procedures if a notice is sent to a person’s last known mailing address will this be considered sufficient notification?

A

YES

213
Q

According to the rules and regulations of the civil service commission and the entrance examination administration procedures for a child of a deceased firefighter who suffered a LODD who is responsible for collecting and delivering to the department head information requested for verification of the hiring process?

A

The applicant

214
Q

According to the rules and regulations of the civil service commission what is the time frame that a police officer who voluntarily resigns from DPD may return and be reappointed to the rank of police officer without taking another department exam?

A

5 years

215
Q

According to the rules and regulations of the civil service commission although a person who voluntarily resigned from the police department and returns within 5 years does not have to take another departmental entrance exam what are the procedures that must still be done? (6)

A
  1. Complete a Denton Police Department Hiring Packing and send to the chief or designee
  2. Hiring packet processed in the same manner as other applicants
  3. Chief of police may choose to process further or not at his/her discretion (chief will review past performance records, conduct a background investigation, and require any other portion of the employment process he/she deems appropriate
  4. If chief does process for appointment, he/she will forward names to director for appointment to a vacant entry level position by the chief executive officer prior to the selection of any entry-level candidate. Chief may specify the order for the list if there are more than one
  5. If reappointed, the person shall receive previously accrued seniority but only for the purpose of promotional exams
  6. For reappointments the age eligibility requirements do not apply
216
Q

According to the rules and regulations of the civil service commission for the police department according to what article of the meet and confer agreement are beginning positions filled upon certification of a “certification list”?

A

Article 2

217
Q

According to the rules and regulations of the civil service commission for the fire department according to what article of the meet and confer agreement are beginning positions filled upon certification of the “commission list”?

A

Article 4

218
Q

According to the rules and regulations of the civil service commission by how many months does the commission extend the probationary period for all persons appointed to beginning positions in police and fire?

A

By 6 months

219
Q

According to the rules and regulations of the civil service commission for policed and fire how long is the probationary period for all persons appointed to a beginning position?

A

18 months total

220
Q

According to the rules and regulations of the civil service commission due to the most recent meet and confer agreement when does the 18 month probationary period begin in police?

A

On the persons date of employment as a police officer or academy trainee

221
Q

According to the rules and regulations of the civil service commission due to the most recent meet and confer agreement for fire how long does the probationary period last for a new hire who is already certified as both a firefighter and a paramedic?

A

12 months

222
Q

According to the rules and regulations of the civil service commission due to the new meet and confer agreement for fire when does a new hires probationary period begin?

A

On that person’s date of employment as a firefighter or a trainee

223
Q

According to the rules and regulations of the civil service commission does the length of service for determine the eligibility to take a promotional exam include the probationary period in the fire department?

A

YES

224
Q

According to the rules and regulations of the civil service commission in what article and section are prerequisites for fire to take written exams?

A

Article 5 section 4

225
Q

According to the rules and regulations of the civil service commission does the length of service for determine the eligibility for taking a promotional exam in police include probation?

A

YES

226
Q

According to the rules and regulations of the civil service commission what is a length of service requirement for a Poslick officer to be eligible for promotion to sergeant rank?

A

Serve in the department in the next lower rank for at least 3 years

227
Q

According to the rules and regulations of the civil service commission all exams shall be structured to test an applicants what?

A

Relative capacity to discharge the duties of the particular position

228
Q

According to the rules and regulations of the civil service commission the conduct of every promotional exam is under who’s direction?

A

Director of Civil Service

229
Q

According to the rules and regulations of the civil service commission who is the director of civil service responsible to pertaining to the conduct of every exam?

A

The commission

230
Q

According to the rules and regulations of the civil service commission what can the director of civil service designate for exams?

A

A designee to administer the test

231
Q

According to the rules and regulations of the civil service commission what may happen if a person attempts to deceive the commission for the purpose of improving their chances for appointment or promotion?

A

Disqualified from further consideration for the the position sought
Department chief may take additional disciplinary action

232
Q

According to the rules and regulations of the civil service commission what must employees complete for each promotional exam?

A

“Notice of Intent to Test” form

233
Q

According to the rules and regulations of the civil service commission where is the manner in which to submit the “Notice of Intent to Test” form prescribed?

A

Position Opportunity Announcement

234
Q

According to the rules and regulations of the civil service commission what is the result of not submitting the “Notice of Intent to Test” form within the time limits prescribed?

A

Will render the employee ineligible to take the exam

235
Q

According to the rules and regulations of the civil service commission with whom is the “Notice of Intent to Test” form for promotional exams filed?

A

Director of Civil Service

236
Q

According to the rules and regulations of the civil service commission can the director postpone a promotional exam?

A

YES. For good and sufficient reasons

237
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures where is smoking prohibited?

A

At all times in the testing area

238
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures when shall no applicant be admitted for the exam?

A

After the time designated on the Position Opportunity Announcement

239
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures what shall happen with any registrations for persons who fail to appear for the exam?

A

Voided and disposed of by the director of civil service

240
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures may the director cancel a scheduled exam?

A

YES for sufficient cause

241
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures what will happen if anybody is found cheating?

A

They will be informed by the test administrator and the test administrator shall void that persons exam and remove them from the testing site. Test administrator will report the action to the director. The person will be disqualified from further consideration for the position sought and the department chief ma take further disciplinary action

242
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures what are test monitors?

A

Persons employed by the COD or an agency of the State of Texas chosen by the director of civil service to administer, proctor, and grade an examination

243
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures if a person wishes to be notified of promotional testing opportunities while service in the armed forces what must they do?

A

Leave contact information with the department head or designee prior to leaving

244
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures for a person serving in the armed forces who has wished to be notified of promotional testing by leaving contact information with the department head who’s responsibility is it for sending notice to a qualified candidate?

A

Department head

245
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures what more must be done after sending notice to a qualified candidate in the armed forces of a promotional testing opportunity?

A

Nothing. The obligation is fulfilled. Receipt of the notice by the employee is not the responsibility of the department head or designee

246
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures when will a remote exam for a qualified member serving in the armed forces occur?

A

Every effort made to conduct simultaneously. If not possible then every effort will be made for the remote test taker to test after the other candidates.

247
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures within how many hours of the original test date should every effort be made to all the remote test taker to take the promotional test?

A

Within 72 hours of the original test date

248
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures what may the department head do if they believe the security of the test has been compromised for a remote test taker?

A

At his or her sole discretion may administer a substitute test

249
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures what is the difference to how a police officer and a fire fighter can achieve a passing grade for placement on an eligibility list?

A

The police officer can achieve a passing grade of 70 by a combination of both the written exam score and seniority points but a firefighter must score at least a 70 on the written exam before any seniority points are added.

250
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures for police and fire how are seniority points calculated?

A

From the date of hire with the COD as a police officer or firefighter up to and including the test date

251
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures do previous years of service with the COD count towards seniority?

A

YES

252
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures when 2 or more candidates tie on their total final scores what are the tie breakers in the police department in the order they are used?

A
  1. Highest Test Score
  2. Time in Rank
  3. Date of Commission
  4. Placement on Entry Level Eligibility List
253
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures for police promotional what is the tie breaker “highest test score” defined as?

A

Highest raw score prior to the addition of seniority points and after the commissions determination of appeals if any

254
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures for police tie breakers what is “time in rank” defined as?

A

The most seniority in the position immediately below the position for which the exam was given

255
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures for police does the “time in rank” tie breaker include years prior to a demotion?

A

NO

256
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures for police tie breakers what is “date of commission” defined as?

A

The most seniority with the department as a commissioned police officer

257
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures for police tie breakers what is the “placement on entry level eligibility list” defined as?

A

Ranked in order according to how those person placed on their entry level eligibility list

258
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures for police what is the first tie breaker for the rank of lieutenant?

A

The department heads Research Project score

259
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures for police what is the second tie breaker for the rank of lieutenant?

A

Time-in-grade

260
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures if 2 or more candidates tie on the final score what are the tie breakers in the order in which they are used?

A
  1. Highest Test Score
  2. Time in Rank
  3. Date of Commission
  4. Placement on Entry Level Eligibility List
261
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures for fire tie breakers what is the “highest test score” defined as?

A

Highest raw score prior to the addition of seniority points and after the commissions determination of appeals if any

262
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures for fire tie breakers what is the “time in rank” defined as?

A

The most seniority in the position immediately below the position for which the examination was given

263
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures for the fire tie breaker “time in rank” are the years prior to a demotion counted towards seniority?

A

NO

264
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures for fire tie breakers what is the “date of commission” defined as?

A

The most seniority with the department as a commissioned fire fighter

265
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures for fire tie breakers what is the “placement on entry level eligibility list” defined as?

A

Ranked in the order according to how those persons placed on their entry-level eligibility list

266
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures upon completion of grading what 3 things may each promotional candidate review by themselves?

A
  1. His/her examination and answers
  2. The examination grading
  3. The source material for the exam
267
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures who should be present for each candidates reviewing of the test and its materials?

A

Monitor(s) designated by the civil service director

268
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures with whom does the notice of appeal need to be filed?

A

With the civil service director in writing

269
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures what must the notice for appeal submitted to to civil service director include?

A

Basis for the appeal

270
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures appeals shall be limited to what?

A

Quoted source material

271
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures if what 2 things are lacking in the notice of appeal will the commission not consider it?

A
  1. Does not include the basis for the appeal

2. Is not limited to the quoted source material

272
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures what is the period of review of test materials?

A

From after the promotional exam grades are posted until the time prior o the date when an appeal must be filed

273
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures what 3 things should the civil service commission receiving regarding appeals?

A
  1. A copy of each appeal submitted
  2. The appealed question(s) with answer and explanation
  3. Such other material deemed appropriate by the commission or director
274
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures should the name of the appellant be included with the appeal information?

A

NO. Not prior to the regularly scheduled civil service commission meeting

275
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures for police candidates for lieutenant how is the Research Project component appealed?

A

Lieutenant promotional candidates may not grieve, appeal, or dispute the Research Project component before an administrative or judicial body

276
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures for appeals what are the 3 possible outcomes?

A
  1. Sustain the answer key
  2. Overrule the answer key
  3. Throw out the question
277
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures for appeals what is the “sustain the answer key” defined as?

A

Rejects the appeal

Test scores will remain as keyed

278
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures for appeals what is the “overrule the answer key” defined as?

A

Ruling accepts one or more answer related to the appeal

The commission will designate another answer(s) to be accepted

279
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures for appeals what is the “throw out the test question” defined as?

A

Rejects the test question related to the appeal

The test question will not be included

280
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures for appeals what will the result of the “throw our the test questions” ruling be?

A

A recalculation of the point value for each question

281
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures for appeals and the “throw out the test question” ruling what is the formula to recalculate test scores”? (4 steps)

A
  1. 100 - (# of questions thrown out) = (# of questions used)
  2. 100 / (# of questions used) = (point value per question)
  3. (# of questions used) - (# wrong) = (# correct)
  4. (# correct) x (point value per question) = score
282
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures for the appeals hearing in what order are appealed questions heard?

A

Numerical order

283
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures for the appeals hearing what occurs to allow each appellant the opportunity to present reasons for appeal?

A

Chairman will first ask each appellant if he/she still wishes to appeal

284
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures for the appeals hearing after each appellant has spoken on the question what may occur?

A

The commission may ask questions of the appellant, civil service director or designee

285
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures for the appeals hearing does the department have an opportunity to respond to the appealed questions?

A

YES after the commission asks questions of the appellant, civil service director or designee

286
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures for the appeals hearing after the department has responded who may ask questions of the department representative, civil service director or designee?

A

The commission

287
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures for the appeals hearing after the appellant and department have both been given an opportunity to speak and be questioned by the commission who may speak?

A

Other test takers in opposition of the appealed question

288
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures for the appeals hearing when other test takers are speaking in opposition of the appealed question what is the maximum time allotted?

A

A maximum of 2 minutes TOTAL FOR ALL (not 2 minutes per)

289
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures for the appeals hearing after the appellant, department, and opponents have all spoken what will occur?

A

The commission will discuss and make a final ruling on the appealed question(s)

290
Q

According to the rules and regulations of the civil service commission and the promotional exam administration procedures what shall the director provide for in an alternate promotional system in a police department?

A

Absentee Balloting

291
Q

According to the rules and regulations of the civil service commission in accordance to what article of the police meet and confer agreement are promotional appointments to the rank of lieutenant and above made?

A

Article 4

292
Q

According to the rules and regulations of the civil service commission in accordance with what article of the fire meet and confer agreement are promotional appointments made?

A

Article 5

293
Q

According to the rules and regulations of the civil service commission where is the record of certification and appointment filed?

A

In the civil service directors file as defined in subsection 0.89

294
Q

According to the rules and regulations of the civil service commission who may prescribe methods for selecting and making temporary appointments to higher classifications?

A

Fire and Police department chiefs

295
Q

According to the rules and regulations of the civil service commission for compensation who may prescribe rules for determining whether and which individual fire firefighter or police officer is eligible for assignment pay?

A

The chief of a department

296
Q

According to the rules and regulations of the civil service commission for compensation what must a police officer or firefighter who is indefinitely suspended do before the city is obligated to pay any accumulated sick leave?

A

Exhaust all appeal rights

297
Q

According to the rules and regulations of the civil service commission for compensation the city will not authorize withdrawals from TMRS or Fire Pension for the indefinitely suspended employee unless what happens?

A

The police officer or firefighter submits a written resignation and terminates employment with the COD

298
Q

According to the rules and regulations of the civil service commission for compensation is the city obligated to pay any accumulated vacation pay to a police officer or firefighter who is indefinitely suspended?

A

Not until the police officer or firefighter has exhausted all appeal rights or submitted a written resignation and terminates employment with the COD

299
Q

According to the rules and regulations of the civil service commission for disciplinary action what are the 15 grounds for removal or suspension?

A
  1. Indictment, deferred adjudication, or conviction of a felony, Class A or B misdemeanor, or other crime involving moral turpitude or violation of laws/ordinances of the US, Texas, Denton
  2. Violation of the provisions of the charter of the COD
  3. Acts of incompetence
  4. Neglect of duty
  5. Discourtesy to public or fellow employees
  6. Acts showing lack of good moral character
  7. Drinking intoxicants on duty or intoxication off duty
  8. Conduct prejudicial to good order
  9. Insubordination
  10. Refusal or neglect to pay city taxes
  11. Refusal or neglect to pay other just debts
  12. Absence without leave
  13. Shirking of duties
  14. Cowardice
  15. Violation of rules and regulations of FD or PD; of special orders as applicable; of these rules and regulations; or any City Personnel rules and regulations
300
Q

According to the rules and regulations of the civil service commission for disciplinary action what is the purpose of these rules?

A

To ensure that disciplinary action is imposed as fairly and equitably as is reasonably possible with the intention of correcting deficient performances and securing substantial compliance with the working rules and regulations of the civil service departments

301
Q

According to the rules and regulations of the civil service commission for disciplinary action what shall the term “cause” also mean?

A

Employee misconduct

302
Q

According to the rules and regulations of the civil service commission for disciplinary action what 2 things does “cause” include?

A
  1. Any act or omission that violates an applicable provision of chapter 143
  2. Any act or omission that violates an applicable rule or regulation duly adopted by the civil service commission or Denton
303
Q

According to the rules and regulations of the civil service commission for disciplinary action when may a department head proceed with appropriate disciplinary action arising from any particular factual event(s) and/or misconduct, which would constitute cause?

A

When the employee’s misconduct is related to those matters set forth in 143

304
Q

According to the rules and regulations of the civil service commission for disciplinary action how is what constitutes “just cause” determined?

A

By comparison to what a reasonable person, who is mindful of the habits or customs of their department, who is also mindful of the responsibilities and needs of their department, and who is also mindful of the standards of justice and fair dealing prevalent in the COD, should have done (or not done) under similar circumstances

305
Q

According to the rules and regulations of the civil service commission for disciplinary action how must the order for discipline be submitted by the department head?

A

In writing in compliance with 143

306
Q

According to the rules and regulations of the civil service commission for disciplinary action what 6 things must an order for discipline submitted by the department head at least state?

A
  1. Specific civil service rule(s) or regulation(s) allegedly violated
  2. Description of operative factual events giving rise to alleged violation of civil service rules
  3. Disciplinary action to be imposed
  4. Effective dates
  5. Rights of the employee to appeal the disciplinary action
  6. Such other matters deemed relevant to the action or required by law
307
Q

According to the rules and regulations of the civil service commission for disciplinary action the department head may not suspend an employee based upon an act that occurred more than how many days in the past?

A

180 days except for as may be provided for in certain criminal investigations as per chapter 143

308
Q

According to the rules and regulations of the civil service commission for disciplinary action with the police meet and confer agreement how many days does the department head have to discover an act (not criminal)?

A

240 days

309
Q

According to the rules and regulations of the civil service commission for disciplinary action from the date of discovery of an act (not criminal) how long does the department head have to investigate and take disciplinary action?

A

180 days

310
Q

According to the rules and regulations of the civil service commission for disciplinary action for the fire meet and confer agreement how long does the department head have to investigate and take disciplinary action for an act (not criminal)?

A

180 days from the date the department head discovers an act

311
Q

According to the rules and regulations of the civil service commission for disciplinary action what is a provision to the department head investigating and taking disciplinary action within 180 days of discovering an act (not criminal)?

A

The department head may not complain of or take disciplinary action for an act (not criminal) that occurred more than one year before the date of disciplinary action.

312
Q

According to the rules and regulations of the civil service commission for disciplinary action within how many hours should the department head file a written statement with the director of civil service and commission?

A

120 hours after the disciplinary action is imposed

313
Q

According to the rules and regulations of the civil service commission for disciplinary action what should the written statement filed by the department head with the director of the civil service and commission within 120 hours after the disciplinary action is imposed contain?

A

The reason for a suspension

314
Q

According to the rules and regulations of the civil service commission for disciplinary action should the employee be given a copy of the written statement filed by the department head with the director of civil service and the commission with the reason for a suspension?

A

YES

315
Q

According to the rules and regulations of the civil service commission for disciplinary action from the police and fire meet and confer agreement when does a written statement have to be filed with the commission?

A

Only if the police officer or firefighter appeals the written statement to the commission

316
Q

According to the rules and regulations of the civil service commission for disciplinary action what should be the duty of the civil service departments concerning discipline?

A

To use every effort to resolve conciliatory within the department concerned and to minimize resorting to the appeal processes.

317
Q

According to the rules and regulations of the civil service commission for disciplinary action when should management and the employee make good faith attempts to peacefully resolve the conflict?

A

Prior to beginning each subsequent step of the appeal process

318
Q

According to the rules and regulations of the civil service commission for disciplinary action what is the employee encouraged to do if they are in doubt as to whether a situation or issue may be appealed to the commission?

A

To file a timely request for appeal or hearing so as not to inadvertently waive the issue

319
Q

According to the rules and regulations of the civil service commission for disciplinary action what does the commission do after considering a request for appeal or hearing?

A

Responds by informing the employee whether the situation or issue is appropriate for consideration by the commission

320
Q

According to the rules and regulations of the civil service commission for disciplinary action of a request for appeal or hearing is made where will the commission arrange to have the matter placed?

A

On the Commissions agenda

321
Q

According to the rules and regulations of the civil service commission for disciplinary action what 2 things are not in and of themselves grounds for disciplinary appeal procedures?

A
  1. Employee dissatisfaction from a transfer or reassignment of duties
  2. Employee dissatisfaction resulting from a discretionary policy decision or policy matters
322
Q

According to the rules and regulations of the civil service commission for disciplinary action what happens when an employee voluntarily resigns or retires from his/her civil service position regarding the disciplinary appeal process?

A

Forfeit all rights to the disciplinary appeal processes unless a timely appeal or request for hearing was filed prior to retirement or resignation

323
Q

According to the rules and regulations of the civil service commission for disciplinary action what must happen for a person who has voluntarily resigned or retired from a civil service position to have rights to the disciplinary appeal process?

A

Must have filed a timely appeal or request for hearing prior to retirement or resignation

324
Q

According to the rules and regulations of the civil service commission for disciplinary action what shall a voluntarily entered written agreement expressly evidencing the employee’s intent to finally resolve the issue of any type of disciplinary action imposed include?

A

A statement that the employee waives all rights to further proceedings in the disciplinary appeal processes

325
Q

According to the rules and regulations of the civil service commission for disciplinary action what shall set forth the employees basis for appeal in compliance with 143?

A

The employee’s notice of appeal and request for hearing

326
Q

According to the rules and regulations of the civil service commission for disciplinary action there will be no right to an appeal hearing where an employee fails to file notice of appeal of disciplinary action with the director or directors designee within what period?

A

10 days

327
Q

According to the rules and regulations of the civil service commission for disciplinary action who does an employee file a notice of appeal of disciplinary action?

A

Director or designee

328
Q

According to the rules and regulations of the civil service commission for disciplinary action within how many days of receiving the notice of appeal will the commission hold a hearing and render a decision?

A

30 days

329
Q

According to the rules and regulations of the civil service commission for disciplinary action how may the 30 day period to hold a hearing and render a decision for an appeal of disciplinary action be extended?

A

The employee and commission agree to extend the 30 day period and postpone the hearing or the deadline for the final ruling

330
Q

According to the rules and regulations of the civil service commission for disciplinary action when may an employee withdraw a request for an independent third party hearing examiner and submit the appeal to a hearing before the commission?

A

Any time after filing the original notice of appeal but before either party has incurred their party hearing examiner expenses

331
Q

According to the rules and regulations of the civil service commission for disciplinary action how must the election to withdraw the original request for the independent third party hearing examiner be made?

A

In writing and filed with the directors office

332
Q

According to the rules and regulations of the civil service commission for disciplinary action what is a requirement for the election to withdraw a request for the independent third party hearing examiner?

A

May not be used to manipulate the 30 day hearing deadline imposed on commission decisions by 143

333
Q

According to the rules and regulations of the civil service commission for disciplinary action how may the appeal from the independent third party hearing examiner be withdrawn AT ANY TIME?

A

Mutual agreement by the parties made in writing and filed with the directors office

334
Q

According to the rules and regulations of the civil service commission for disciplinary action who will arrange the location and accommodations for all hearings and appeals?

A

The director of civil service

335
Q

According to the rules and regulations of the civil service commission for disciplinary action how shall all subsequent matters regarding attendance, scheduling, requests for subpoenas, requests for continuance, etc be coordinated?

A

Through the director

336
Q

According to the rules and regulations of the civil service commission for disciplinary action what shall the director do with information concerning subsequent matters raised (attendance, scheduling, requests for subpoenas, request for continuance, etc)?

A

Provide copies of the same to the opposing party or representative and also coordinate the appropriate response or action to be taken

337
Q

According to the rules and regulations of the civil service commission for disciplinary action if a hearing is coordinated by an outside agency who will provide coordination services between the parties and the hearing examiner?

A

That agency in conjunction with the directors office

338
Q

According to the rules and regulations of the civil service commission for disciplinary action, if appealed to a hearing examiner, who shall bear the burden of fees and expenses for a hearing examiner?

A

The employee and the police or fire department share equally

339
Q

According to the rules and regulations of the civil service commission for disciplinary action appeals who pays the cost of a witness?

A

The party who calls the witness

340
Q

According to the rules and regulations of the civil service commission for disciplinary action appeals who will determine and collect the appropriate amount as well as payment of all costs and expenses?

A

The director of civil service

341
Q

According to the rules and regulations of the civil service commission for disciplinary action appeals how can an employee receive an estimate of anticipated costs?

A

Upon written request to the director

342
Q

According to the rules and regulations of the civil service commission for disciplinary action appeals, when applicable, what doctrine from state law will be applied in computing reimbursements or the offset for an award of back pay?

A

“Mitigation of damages”

343
Q

According to the rules and regulations of the civil service commission for disciplinary action appeals what does the state law governing the doctrine of “mitigation of damages” provide for?

A

Computing reimbursements or the offset for an award of back pay

344
Q

According to the rules and regulations of the civil service commission for disciplinary action appeals what 2 actions of a party shall not in themselves prevent the hearing from proceeding as scheduled nor prevent the commission from proceeding to take such action as may be appropriate?

A
  1. Failure of a party to attend a scheduled appeal hearing

2. Failure of a party to file a timely request for a continuation of the hearing to a later date

345
Q

According to the rules and regulations of the civil service commission for disciplinary action appeals how many persons does the hearing process recognize that the employee or department has the right to be represented by throughout the proceedings of a disciplinary appeal?

A

One or more persons

346
Q

According to the rules and regulations of the civil service commission for disciplinary action appeals how many representatives shall be allowed to speak or otherwise present evidence on behalf of either party throughout the questioning of a particular witness?

A

1 representative

347
Q

According to the rules and regulations of the civil service commission for disciplinary action appeals what 3 words describe how the employee and department representatives shall use their best efforts to conclude all proceedings?

A

Smoothly
Expediently
Fairly

348
Q

According to the rules and regulations of the civil service commission for disciplinary action appeals what is the function of the representatives?

A

To articulate the best interests of the employee or the department represented and to make their presentations pertinent to the issues being considered

349
Q

According to the rules and regulations of the civil service commission for disciplinary action appeals what shall dissatisfaction with a representative not constitute grounds for?

A

Modification of the final ruling

350
Q

According to the rules and regulations of the civil service commission for disciplinary action appeals what must all representatives or employees representing themselves become familiar with and follow?

A

These rules and regulations at all times during the disciplinary appeal process

351
Q

According to the rules and regulations of the civil service commission for disciplinary action appeals where should any problems or concerns concerning the manner in which the opposing party or his/her representative is handling a particular disciplinary appeal be brought?

A

To the attention of the director of civil service

352
Q

According to the rules and regulations of the civil service commission for disciplinary action appeals do the “Texas rules of civil procedure” the “Texas rules of criminal procedure” and all other rules of court regarding “discover” apply to any civil service proceedings?

A

NO

353
Q

According to the rules and regulations of the civil service commission for disciplinary action appeals do mediation and arbitration rules and processes apply to any civil service hearings?

A

NO

354
Q

According to the rules and regulations of the civil service commission for disciplinary action appeals should parties who request photocopies of documents from the opposing party be accommodated?

A

YES if such requests are reasonable

355
Q

According to the rules and regulations of the civil service commission for disciplinary action appeals can items from departmental policies, and rules and regulations manual be photocopied?

A

YES

356
Q

According to the rules and regulations of the civil service commission for disciplinary action appeals can items such as Accident Review Board recommendations, time and attendance records, duty status forms and other such documents be provided?

A

Yes as long as they are relevant to the employee and the disciplinary action under appeal

357
Q

According to the rules and regulations of the civil service commission for disciplinary action appeals how may an employee and their representative obtain copies of matters contained in the employees own personnel and departmental files?

A

Employee signs the appropriate release form(s)

358
Q

According to the rules and regulations of the civil service commission for disciplinary action appeals what is a subpoena duces tecum?

A

A writ ordering a person to attend a court and bring relevant documents

359
Q

According to the rules and regulations of the civil service commission for disciplinary action appeals what must a party do before requesting a “subpoena duces tecum” for the production of documentation material?

A

First make a request for the materials directly to the other party and allow a reasonable time for a response

360
Q

According to the rules and regulations of the civil service commission for disciplinary action appeals if the request from the other party to produce materials is refused or otherwise not produced what may happen?

A

A request may be made to the commission to issue the subpoena duces tecum

361
Q

According to the rules and regulations of the civil service commission for disciplinary action appeals when shall all requests for subpoenas be made?

A

At least 10 days prior to the scheduled hearing date

362
Q

According to the rules and regulations of the civil service commission for disciplinary action appeals how shall all requests for subpoenas to compel the attendance of a witness be coordinated?

A

Through the directors office

363
Q

According to the rules and regulations of the civil service commission for disciplinary action appeals who may issue subpoenas on behalf of the commission?

A

The director

364
Q

According to the rules and regulations of the civil service commission for disciplinary action appeals what is the overall format for the entire appeal hearing in order?

A
  1. The city’s (department’s) case
  2. Employee’s response
  3. Rebuttal by City Department if any
  4. Short argument, summary by City
  5. Short argument, summary by employee
  6. Short argument by City
  7. Consideration by Commission of facts
  8. Decision
365
Q

According to the rules and regulations of the civil service commission for disciplinary action appeals what is the format for the “City’s (department’s) case” portion of the appeals hearing?

A
  1. Direct testimony of witness
  2. Cross-examination of witness
  3. Redirect
  4. Additional questions, if any, by commission
366
Q

According to the rules and regulations of the civil service commission for disciplinary action appeals what is the format for the “Employee’s response” portion of the appeals hearing?

A
  1. Direct testimony of witness
  2. Cross-examination of witness
  3. Redirect
  4. Additional questions, if any, by commission
367
Q

According to the rules and regulations of the civil service commission for disciplinary action appeals what is the format for the “Rebuttal by City Department, if any” portion of the appeals hearing?

A
  1. Direct testimony of witness
  2. Cross-examination of witness
  3. Redirect
  4. Additional questions, if any, by commission
368
Q

According to the rules and regulations of the civil service commission for disciplinary action appeals what is the first step of the hearing procedures?

A

Hearing shall be called to order at the scheduled time and place

369
Q

According to the rules and regulations of the civil service commission for disciplinary action appeals for what reasons should all parties come to the hearing prepared and ready to proceed?

A

To minimize any disruption of the hearing process

370
Q

According to the rules and regulations of the civil service commission for disciplinary action appeals how many copies of all documents or exhibits to be considered by the commission should all parties bring?

A

At least 6

371
Q

According to the rules and regulations of the civil service commission for disciplinary action appeals are disciplinary appeal proceedings public hearings?

A

YES

372
Q

According to the rules and regulations of the civil service commission for disciplinary action appeals when may the commission close a hearing? (3)

A

At the request of the employee or the department head if:
1. Subject matter would invade the privacy of the employee or any other employee
2. Subject matter would compromise any ongoing investigation
Or:
3. For any purpose authorized in the Texas Government Code

373
Q

According to the rules and regulations of the civil service commission for disciplinary action appeals who shall make and maintain a record of the proceedings?

A

The director

374
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings when shall consideration as to any pre-hearing motions, requests or jurisdictional matters be made?

A

After being called to order but prior to the beginning of testimony or evidence

375
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings what should participants seeks to obtain after being called to order but prior to the beginning of testimony or evidence?

A

As many stipulations as possible as to non-contested or non-material matters

376
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings when may the commission “carry” pre-hearing motions till?

A

The hearing is completed and all factual evidence has been presented before making its final ruling thereto

377
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings who will be allowed to make brief opening statements after pre-hearing motions?

A

Both parties

378
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings after both parties have made brief opening statements what will occur?

A

Unless waived, the hearing shall proceed with the reading into the record the statement of charges and specifications as well as factual summary of the operative events as filed with the commission by the department head and which forms the basis of the disciplinary action imposed on the employee

379
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings what shall be including into the reading into the record after the opening statements?

A

The statement of charges and specifications as well as factual summary of the operative events filed with the commission by the department head

380
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings after the reading into the record what shall occur?

A

The hearing shall then proceed to develop the evidence and testimony as to the contested matters

381
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings who will go first in the presentation of evidence and testimony?

A

The party with the burden of proof

382
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings after the party with burden of proof has presented evidence and testimony what shall occur?

A

The responding party shall have the opportunity to respond with his/her own evidence, witnesses or testimony

383
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings what will occur after the responding party has responded with his/her own evidence, witness, or testimony?

A

The party with the burden of proof may come forward with rebuttal evidence or testimony as may be necessary

384
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings when may commission members ask questions as needed in order to aid their consideration of the testimony or evidence?

A

Throughout the proceedings

385
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings. True or False? Witnesses may be sworn and their testimony taken under oath or affirmation.

A

TRUE

386
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings what are witnesses subject to?

A

Reasonable and relevant cross-examination by the opposing party

387
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings when may “the rule” be utilized during the hearing process?

A

Upon request by either party

388
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings what is the definition of what is commonly known as “the Rule”?

A

All persons who shall be expected to testify at the hearing, other than the parties and their representatives, shall not be allowed to observe or listen to any of the proceedings except when they are actually testifying as a witness

389
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings why might “the rule” be used?

A

To ensure one witness’ testimony is not influenced by another’s testimony

390
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings while under “the rule” with whom can potential witnesses discuss any aspect of the appeal or hearing?

A

With no one except the attorneys or representatives involved

391
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings is invoking “the rule” mandatory?

A

NO

392
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings can “the rule” be waived in whole or part?

A

YES. By agreement

393
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings what shall the chairperson exercise over the questioning of witnesses and the presentation of evidence?

A

Reasonable control

394
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings why should the chairperson exercise reasonable control over the questioning of witnesses and the presentation of evidence? (4)

A
  1. To effectively ascertain the truth
  2. To keep such presentations relevant to the issues to be determined
  3. To avoid the needless consumption of time and expenses
  4. To protect the witness and employees from harassment or undue embarrassment
395
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings. True or False? The commission may establish time limits for presentation of each side of the case?

A

TRUE

396
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings what shall hearings not be a time for? (4)

A
  1. Accusations
  2. Threats
  3. Speeches
  4. Arguments
397
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings what shall the commission have the discretion to do when a meeting deteriorates into a shouting match or where fruitful dialogue ceases?

A

Adjourn the meeting

398
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings who shall have the discretion to control the length of time of any particular session as well as the amount of time provided for recesses, breaks, lunch hours, etc.?

A

The commission

399
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings after the close of presentation of evidence and testimony what occurs?

A

Both parties shall be given an opportunity to make closing summations

400
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings what may the commission do before adjourning?

A

May adjourn to executive session for deliberation

401
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings how shall the commission reconvene?

A

In open session

402
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings when will the commission make its decision?

A

After reconvening in open session and upon motion and second

403
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings after the commission has made its decisions what will occur?

A

A written order containing the decision shall be prepared and signed by the commissioners

404
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings shall technical rules of evidence apply and/or control the conduct of any civil service hearing?

A

NO

405
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings will the “Texas Rules of Court” and the “Texas Rules of Evidence” apply and/or govern any aspect of any civil service proceeding?

A

NO

406
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings what will generally limit the scope of evidence to be considered at a disciplinary hearing?

A

Matters relevant to the statement of charges as set forth in the departments written statement, employees notice of appeal, as well as the employee’s previous employment record with the department

407
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings concerning evidence what shall it be the providence of the commission to ultimately determine? (4)

A
  1. Non-admissibility or non-consideration of any particular evidence of testimony
  2. Relevance or non-relevance of any particular evidence or testimony
  3. Credibility, or lack thereof, of any particular evidence or testimony
  4. Materiality or “weight” to be given to any particular evidence or testimony
408
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings; subject to limited exceptions for compelling reasons shown by a party the commission may refuse to hear or consider any testimony or item of evidence if? (2)

A
  1. Party has deliberately withheld the previously known and duly requested evidence from the other party until the hearing, and the said evidence should have been previously produced as per these rules
  2. The hearing has been closed
409
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings may the commission receive and consider the evidence of witness by affidavit?

A

YES. And they should assign same such weight as it deems proper after consideration of objections, if any, made to its admission

410
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings are on-site inspections allowed?

A

YES. But discouraged

411
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings when may on-site inspections occur?

A

Only if the evidence to be considered cannot be otherwise presented via stipulations, photographs, videotapes, maps, diagrams, etc.

412
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings in what kind of session shall all evidence and testimony be presented and received into the record?

A

Open session

413
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings generally what are the 4 determinative issues to be considered and determined by the disciplinary action appeal process?

A
  1. Did “cause” exist to support the imposing of some form of disciplinary action as to the employee?
  2. Did the employee receive reasonable or appropriate “due process” in the department’s disciplinary process?
  3. Was the degree of disciplinary action imposed by the department “reasonable” under the circumstances?
  4. Has the hearing process developed matters that justify or compel modification of the department head’s disciplinary action?
414
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings what kind of evidence is a party required to establish as outlined in 143 Commission Appeal procedure?

A

It’s factual evidence by substantial evidence

415
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings may the department head use lesser forms of disciplinary or corrective action prior to imposing any form of discipline?

A

YES

416
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings shall the failure to utilize “progressive discipline” including such disciplinary including indefinite suspension be grounds to overturn or modify a department heads decision?

A

NO. Progressive discipline need not always apply

417
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings what may the seriousness of a single offense negate?

A

A previously unblemished record

418
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings of what 4 things shall the hearing provide the employee every reasonable opportunity to develop?

A
  1. That the employee did not commit the misconduct as alleged; the facts are not true
  2. That even if the employee committed the acts as alleged, that such activity does not constitute actionable misconduct
  3. That even if the employee committed actionable misconduct, that the degree of discipline imposed is too harsh or severe; disciplinary action was “unreasonable, arbitrary or capricious”
  4. A combination of any of these matters would justify or compel modification of the department heads action
419
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings is an employee’s disagreement or difference in opinion in regard to the departments actions or reasoning grounds to overturn or modify the disciplinary action?

A

NO

420
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings what shall happen if the hearing establishes on valid charge of misconduct supported by evidence sufficient to establish it’s truth?

A

That charge shall be sustained even if the evidence at the hearing does not support other charges in the letter of disciplinary action

421
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings as a result of the evidence and testimony what shall the commission make?

A

A just and fair resolution of the matter via a written statement finding the truth of the specific charge(s) or a written statement findings that the specific charge(s) are not true

422
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings. True or False? The issue that the commission shall make a just a fair resolution to shall be addressed in all final orders, regardless of the subsequent issues addressed in the same final order

A

TRUE

423
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings what shall the final order and ruling be in the event that the specific charge(s) of misconduct agains the employee are found to be “not true”?

A

To promptly restore the employee to the employee’s proper position or status without penalty

424
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings in the event the specific charges are found “true” the final order and ruling shall clearly state whether the employee is what? (2)

A
  1. Permanently dismissed form the fire or police department

2. Temporarily suspended from the department

425
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings if the specific charges are found “true” and the employee is temporarily suspended what else shall the final order and ruling clearly state?

A

The definite time period and conditions of suspension which shall be imposed

426
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings the final ruling on all disciplinary appeals should also include such other matters so as to finally and clearly resolve the issues under consideration, particularly to resolve questions concerning what 4 things?

A
  1. Employees resulting employment status
  2. Back pay and other employment benefits
  3. Mitigation of damages
  4. Whether the documents relating to the disciplinary action should be modified or removed from the employee’s personnel file per 143
427
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings what shall the final order clearly explain if modifying the disciplinary action of the department?

A

The factors and rationale for doing so

428
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings when necessary the commission may consider matters involving questions of applying chapter 143 to what?

A

Facts or events that may arise during the disciplinary appeal process and that are outside the scope of the departments statement of charges or the employe’s notice of appeal

429
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings after what occurs shall the commission consider matters involving questions of applying chapter 143 to facts or events that may arise during the disciplinary appeal process and that are outside the scope of the departments statement of charges or employees notice of appeal?

A

After obtaining an agreement from the parties as to precisely what issue(s) is to be decided

430
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings what shall the commission do if no agreement can be reached for the commission to consider matters involving questions of applying chapter 143 to facts or events that may arise during the disciplinary appeal process and are outside the scope of the departments statement or the employees notice of appeal?

A

The commission shall use its best efforts to avoid the disputed issue(s) and proceed to determine only the factual merits of the disciplinary action before the commission

431
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings how is the final ruling and order of the commission made?

A

By majority vote of 2 of the 3 commissioners present

432
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings if there are only 2 commissioners present for a hearing what must happen for the final ruling and order to be made?

A

The final ruling and order must be made in agreement by both commissioners present

433
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings from the hearing what 5 things shall be filed in the commission record?

A
  1. Copy of the department’s disciplinary action
  2. Copy of the employee’s request for appeal
  3. The record of the proceedings
  4. Copy of the exhibits submitted
  5. Copy of the final decision
434
Q

According to the rules and regulations of the civil service commission for disciplinary action appeal hearings what may the commission use the record of the hearing for?

A

As reference material in subsequent determinations

435
Q

According to the rules and regulations of the civil service commission does the commissions consideration of a department head’s recommendation for demotion require a hearing?

A

NO

436
Q

According to the rules and regulations of the civil service commission if the commission determines that probable cause exists for a recommended demotion what will the director’s letter to the police officer or firefighter include?

A

The hearing examiner option under chapter 143

437
Q

According to the rules and regulations of the civil service commission for a demotion when may the action for appeal of demotion or suspension be conducted?

A

After the commission has determined that probable cause exists for a requested demotion and has provided the employee with written notice as per chapter 143

438
Q

According to the rules and regulations of the civil service commission what is the result of a conviction or deferred adjudication of a felony?

A

The fire fighter or police officer will be terminated from his or her position

439
Q

According to the rules and regulations of the civil service commission is a hearing before the civil service commission or independent hearing examiner provided for termination after a conviction or deferred adjudication of a felony?

A

NO

440
Q

According to the rules and regulations of the civil service commission for appeals to independent 3rd party hearing what 4 things are appealable to a hearing examiner?

A
  1. Disciplinary actions concerning indefinite suspension
  2. Disciplinary actions concerning a suspension
  3. Promotional passover
  4. Recommended demotion
441
Q

According to the rules and regulations of the civil service commission for appeals to independent 3rd party hearing who will the director coordinate with as to all matters regarding scheduling, place or hearing, accommodations, etc?

A

The parties and the agency sponsoring the hearing examiner

442
Q

According to the rules and regulations of the civil service commission for appeals to independent 3rd party hearing is the rule making power and authority of the civil service commission conferred upon and/or delegated to any hearing examiner?

A

NO. Not by implication or otherwise

443
Q

According to the rules and regulations of the civil service commission for appeals to independent 3rd party hearing in every disciplinary appeal conducted under 143 does the hearing examiner have the “same duties and powers” as would the commission?

A

YES. Including the right to issue subpoenas to compel the attendance of a witness

444
Q

According to the rules and regulations of the civil service commission for appeals to independent 3rd party hearing how shall a disciplinary proceeding by a hearing examiner not be conducted or resolved via?

A

Arbitration or arbitration process

445
Q

According to the rules and regulations of the civil service commission for appeals to independent 3rd party hearing. True or False? An employee’s election of appeal to a hearing examiner shall not constitute a right or an agreement to submit the appeal to arbitration or arbitration processes.

A

TRUE

446
Q

According to the rules and regulations of the civil service commission for appeals to independent 3rd party hearing based on what shall the hearing examiner render a fair and just decision?

A

Solely on the evidence presented in the hearing

447
Q

According to the rules and regulations of the civil service commission for appeals to independent 3rd party hearing the scope of evidence to be considered at the hearing shall be generally limited to what?

A

Matters closely relevant to the charges of misconduct as set forth in the departments written statement and the employees notice of appeal as filed with the commission as well as the appealing party’s previous work record with the department

448
Q

According to the rules and regulations of the civil service commission for appeals to independent 3rd party hearing it shall be the province of the commission or hearing examiner to do what 3 things?

A
  1. Resolve any factual (not legal) conflicts or ambiguities, which may exist
  2. Determine whether the departments disciplinary action is free from the taint of any personal animosity
  3. Determine whether the disciplinary action is reasonably supported by facts, which had occurred prior to the time the disciplinary action was imposed
449
Q

According to the rules and regulations of the civil service commission for appeals to independent 3rd party hearing what 2 things shall the hearing examiners final deliberations primarily focus on?

A
  1. The overall reasonableness of the departments action
  2. The departments substantial compliance with 143, these rules and regulations, and the general orders and SOPs of the department
450
Q

According to the rules and regulations of the civil service commission for appeals to independent 3rd party hearing how shall all hearings conducted by hearing examiners be recorded?

A

So as to be capable of clear and accurate reproduction or transcription

451
Q

According to the rules and regulations of the civil service commission for appeals to independent 3rd party hearing how will a clear and accurate recording of hearings conducted by a hearing examiner be coordinated?

A

The director will coordinate with the hearing examiner for use of city equipment for this purpose or will coordinate the hiring or a court reporter

452
Q

According to the rules and regulations of the civil service commission for appeals to independent 3rd party hearing what are the 2 options for the director to coordinate with the hearing examiner to obtain a record of the hearing?

A
  1. Use of city equipment for this purpose

2. Hiring of a court reporter

453
Q

According to the rules and regulations of the civil service commission for appeals to independent 3rd party hearing what may happen after the close of evidence and testimony?

A

Hearing examiner may deliberate and thereafter enter the ruling either in the same manner as the commission or as per chapter 143

454
Q

According to the rules and regulations of the civil service commission for appeals to independent 3rd party hearing what shall occur if a situation arises pertaining to the administration process of selecting a hearing examiner, or meeting notices, or requests for rescheduling, refusal, conflict of interest and the situation not provided for in chapter 143 or these rules and regulations?

A

The parties and the director shall attempt to mutually resolve the situation by agreement

455
Q

According to the rules and regulations of the civil service commission for appeals to independent 3rd party hearing if a situation arises pertaining to the administration process of selecting a hearing examiner, or meeting notices, or requests for rescheduling, refusal, conflict of interest and the situation not provided for in chapter 143 or these rules and regulations and an agreement cannot be made?

A

The director may refer the matter to the administrative processes of the entity sponsoring the hearing examiner to resolve the situation within their own processes

456
Q

According to the rules and regulations of the civil service commission for appeals to independent 3rd party hearing what will happen if a hearing examiner is initially selected but is thereafter objected to or is asked to be excused by a party?

A

Both parties may mutually agree to excuse the hearing examiner and thereafter request a new list of qualified and neutral hearing examiners and start the selection over again

457
Q

According to the rules and regulations of the civil service commission for appeals to independent 3rd party hearing what will happen if a hearing examiner is initially selected but is thereafter objected to or is asked to be excused by a party and no agreement made between the parties to excuse the hearing examiner?

A

Both parties shall prepare a written statement including their requests and reasoning therefor which shall be submitted to the director. The director will transmit it to the agency sponsoring the hearing examiner to resolve the dispute according to its own administrative process by either excusing the hearing examiner and providing a new list or provide a written statement of reasons the hearing examiner was not excused

458
Q

According to the rules and regulations of the civil service commission which chapter and section provided for military leave of absence?

A

Chapter E section 072

459
Q

According to the rules and regulations of the civil service commission who does the military leave of absence section apply to?

A

Military leave of absence members who voluntarily join the service

460
Q

According to the rules and regulations of the civil service commission who does the military leave of absence section not apply to?

A

Those who are recalled to active military duty

461
Q

According to the rules and regulations of the civil service commission what chapter and section refers to line of duty illness or injury leave of absence?

A

Chapter E section 073

462
Q

According to the rules and regulations of the civil service commission for line of duty illness or injury leave of absence if necessary the length of “temporary” leave will be determined by who?

A

The City’s governing body

463
Q

According to the rules and regulations of the civil service commission for line of duty illness or injury leave of absence the amount of leave will be commensurate with what?

A

The nature of the illness or injury

464
Q

According to the rules and regulations of the civil service commission for line of duty illness or injury leave of absence if necessary the amount of leave will continue for how long?

A

At least one year

465
Q

According to the rules and regulations of the civil service commission for line of duty illness or injury leave of absence who may develop departmental procedures regarding police officers or firefighters who voluntarily work for another who is temporarily disable by an illness or injury?

A

The Police Chief and Fire Chief respectively

466
Q

According to the rules and regulations of the civil service commission for line of duty illness or injury leave of absence what must the police officer or firefighter do if receiving full pay?

A

Sign over any worker’s compensation or other wage replacement benefit checks to the city

467
Q

According to the rules and regulations of the civil service commission what physical and mental condition must every member of the fire and police departments remain in continually?

A

Such as to be capable of rendering safe and efficient service to the city and performance of the duties and essential functions of the appropriate department

468
Q

According to the rules and regulations of the civil service commission on what 3 things will fitness for duty be based upon?

A
  1. Requirements as outlined in the employee’s job description
  2. Departmental SOPs
  3. Meet and confer contract
469
Q

According to the rules and regulations of the civil service commission when will all firefighters and police officers be required to submit to a psychological or physical exam?

A

When a question arises as to whether the employee is sufficiently physically or mentally fit to continue his or her duties

470
Q

According to the rules and regulations of the civil service commission what will the department head require if a question arises about an employees fitness for duty?

A

Sufficient proof of fitness for duty submitted by the employee within 10 business days

471
Q

According to the rules and regulations of the civil service commission how long will an employee have to submit proof of fitness for duty when required by the department head?

A

10 business days

472
Q

According to the rules and regulations of the civil service commission who will have the sole discretion to determine the sufficiency of the proof of fitness for duty and the appropriate course of action to meet the departments need?

A

Department head

473
Q

According to the rules and regulations of the civil service commission in what time frame shall the department head put his/her determination in writing and provide a copy to the employee regarding questions of fitness for duty?

A

Within 10 business days of receiving documents provided by the employee as proof of fitness for duty or within 30 calendar days after having requested proof, whichever is later

474
Q

According to the rules and regulations of the civil service commission if the employee cannot submit a report from their personal physical, psychiatrist, or psychologist within the 10 business day requirement what may the employee do?

A

Within the original 10 day time frame request an extension of the timeline in writing to the department head which includes the reason an extension is needed and an alternate date by which the information can be provided

475
Q

According to the rules and regulations of the civil service commission if the department head has concerns with a request for extension for proof of fitness for duty and has reasonable belief that the request is without merit what shall they do?

A

Forward the request to the civil service director or designee for review

476
Q

According to the rules and regulations of the civil service commission for requests for extension for proof of fitness for duty that are forwarded to the civil service director from the department head what shall the civil service director do?

A

Make a determination within 10 business days for the request for extension after conferring with the department head and the legal department that, if not granting the request, includes written justification provided to the employee

477
Q

According to the rules and regulations of the civil service commission what will happen if the request for extension to submitting proof of fitness for duty is not granted?

A

The employees fitness for duty will be determined pursuant to chapter 143.081 (c)-(e)

478
Q

According to the rules and regulations of the civil service commission what will happen if the employee does provide sufficient proof of fitness for duty or request an extension?

A

Department head will have the sole discretion to determine the appropriate course of action to meet the departments needs based on observations of the employee that lead to the question about fitness for duty

479
Q

According to the rules and regulations of the civil service commission when shall the department head put his/her determination in writing and provide a copy to the employee when the employee has not provided sufficient proof of fitness or filed for an extension?

A

Within 10 business days of receiving documents provided by the employee or within 30 calendar days after requesting proof of fitness in writing whichever is later

480
Q

According to the rules and regulations of the civil service commission what can the employee do if they do not agree with the department heads decision made concerning the fitness for duty of the employee?

A

May exercise his/her rights under 143.081(b) by submitting a report from his/her personal physician, psychiatrist, or psychologist, as appropriate, within 10 business days from the department heads written determination. This report should be sent to the commission through the directors office

481
Q

According to the rules and regulations of the civil service commission is the determination of the firefighters or police officers mental and/or physical fitness for duty subject to appeal to the commission or hearing examiner?

A

NO

482
Q

According to the rules and regulations of the civil service commission who’s finding concerning a firefighters or police officers mental and/or physical fitness for duty shall be final and determinative?

A

The findings of the medical panel as outlined in chapter 143

483
Q

According to the rules and regulations of the civil service commission how will medical information be dealt with concerning a firefighters or police officers mental and/or physical fitness?

A

Medical information will be dealt with in accordance with applicable state and federal law(s)

484
Q

According to the rules and regulations of the civil service commission if the determination of the 3 member board deems the fire fighter or police officer is not fit for duty with what will they be afforded?

A

The considerations of reasonable accommodation options under the ADA and it’s amendments as well as any applicable COD policy

485
Q

According to the rules and regulations of the civil service commission who may establish the procedures and rules for performance evaluations for positions in the department?

A

The chief of police or fire chief for each respective department

486
Q

According to the rules and regulations of the civil service commission what will happen to any classified or probationary firefighter or police officer after becoming a candidate for nomination or election to the Denton City Council?

A

They shall no longer continue to be employed

487
Q

According to the rules and regulations of the civil service commission formal or informal announcement of candidacy for nomination or election to the Denton City Council shall be deemed what?

A

An automatic, non-appealable resignation

488
Q

According to the rules and regulations of the civil service commission if a classified or probationary firefighter or police officer is considered automatically resigned to to a formal or informal announcement of candidacy for nomination or election to the Denton City Council shall an appeal for such resignation be forwarded to the Civil Service Commission?

A

NO

489
Q

According to the rules and regulations of the civil service commission where will any record of oral counseling or written reprimands be maintained?

A

In the Fire or Police department as defined in subsection (g)

DFD 2018 SOPs For Promotion Tests (64 decks)

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