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Page 2 answer on the test. Mr. Weber said since the test question was asked under the subtitle Penal Code, and false imprisonment is not in the Penal Code, that this was an invalid test question and should be eliminated from the test. Mr. Cecil asked Police Officer James Mazy to speak in connection with this issue. Mr. Mazy said when the notice was posted for the position of corporal all applicants were given a list of study materials to be used for the test. He said that this was his third promotional test, and every test has been different. He said the point here is that you answer a question on the test as it appears, not being able to research the question during the test. He said the main point of the debated question seems to be that there is not a correct answer to the question. He said that the key word in the question is `restraints'. He said the dictionary refers to `restraints' as to hold back from action, to keep under control, or to limit the activity. He said another possible answer to the question was kidnaping which meant to steal, carry off or abduct by force or fraud. He said these two answers are not the same, but the correct answer to false imprisonment is the most suitable answer to the question since imprisonment means the same as confinement according to the dictionary. He said the word false imprisonment is still used in a Texas Criminal Law Handbook, and is in the index referred to by Officer Weber. He said it appears that on this question Chief Louis determined false imprisonment to be the correct answer. He said before the officers began this test they were instructed to choose the answer they believed was correct. He said it was his understanding that Officer Weber chose the correct answer, but then changed his answer. Chairperson Cecil asked Mr. Jones for his comments. Mr. Jones stated that in regards to Question Number 5 he remembered Mr. Haynes stating for the officers to pick the best answer to the question. Mr. Jones stated that he concurred with Officer Mazy as to the correct answer on Question Number 5. Chairperson Cecil asked Chief Louis for his comments. Chief Louis stated that he would publicly like to apologize to the Commission and to the police officers involved. Chief Louis said that both answers are somewhat correct, but the best answer to Question Number 5 was the one all of them circled originally, but was changed by Officer Weber. He said his personal recommendation is to leave the test as a valid question. Chairperson Cecil stated that they were not going into executive session. Chairperson Cecil stated that as he viewed this situation that there were three alternatives for consideration. He said one alternative was to leave the test as is, and if the Board did that then the standings for the promotion would be as outlined. He said another alternative would be to throw out the test and retest. He said another alternative would be to kick out Question Number 5. Mr. Cecil asked Mr. Haynes what would happen if Question Number 5 is eliminated. Mr. Haynes said it