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1998-2007REGULAR CIVIL SERVICE MEETING OCTOBER 18, 2007 The meeting was called to order by Chairman, Philip Cecil @ 3:00 p.m. Members present were: Philip Cecil, Zenetta Fulbright and Sims Norment. Also present were: Melba Harris, Civil Service Director, Kent McIlyar, City Attorney, Police Chief Karl Louis and Fire Chief Ronnie Grooms. Ronnie Grooms presented a notebook to each commissioner of his hiring procedures for entry level fire fighters. Ronnie briefly reviewed the contents of the notebook. Phillip Cecil asked Melba Harris if she were okay with the policies and procedures that Ronnie presented. Melba mentioned that she had had some concerns in the past (ex. applicants had to come to the fire department to pick up an application, they would not mail them out), but the City Manager has made changes and the application process would be handled by the Civil Service Director's office, so that would take care of any concerns that she initially had with the Fire Department's hiring procedures. Melba also mentioned that she had just received the Fire Department application procedures so she will review it, and let them know if there are any concerns about the process. Sims Norment made a motion that the hiring procedures be approved with the stipulation that if there are concerns after the Civil Service Director reviews the procedures a meeting will be called to review those concerns. The motion was second by Zeneta Fulbright and the motion carried unanimously. Karl Louis also presented the hiring procedures for entry level police patrolmen. Philip Cecil asked Melba Harris if she had any concerns about the police entry level hiring procedures. Melba Harris stated that she did not have any concerns; however, she will be taking care of the application process for the police department also. Zenetta Fulbright made a motion to approve the police hiring procedures, it was second by Sims Norment and the motion carried unanimously. Melba Harris informed the Commission that she is requesting some clarification from Betty Lynn on our revised hiring policies in which we give preference to certified or certifiable firefighters and law enforcement officers who have passed the entry level test; however, we have not received clarification yet. When we receive that clarification if we need to meet to revise our local procedures, she will call a meeting. The meeting was adjourned. ,P 4""; Melba Harris Civil Service Director QUARTERLY MEETING CIVIL SERVICE COMMISSION OCTOBER 19, 2006 The meeting of the Civil Service was called to order by Chairman, Philip Cecil. Commissioners present were Philip Cecil, Zenetta Fulbright and Sims Norment. Also present were Assistant City Attorney, John Lestock and Melba Harris, Civil Service Director. Melba Harris presented information related to Civil Service Classifications. After researching the files to see if an ordinance had been passed allowing for the appointment of the Fire Marshall /Assistant Chief by the department head, it was noted that there was no indication in the ordinances or Civil Service minutes that the classifications for the Police and Fire Departments had ever been approved by the Civil Service Commission. Based on 143.021 and the local Civil Service rules, the Commission provides for the classification of all fire fighters and police officers. To ensure that we were in compliance with Chapter 143.021, it was recommended that the following qualifications be approved by the Commission: Police Department - Police Officer, Police Corporal, Police Sergeant and Police Lieutenant and Fire Department - Fire Fighter, Fire Driver, Fire Engineer, Deputy Fire Chief and Fire Training Officer. A motion was made by Sims Norment and second by Zenetta Fulbright that the above classifications be approved for the Police and Fire Departments. The motion was approved unanimously. Melba Harris also presented information related to the need to clarify the procedures in 6.02 of the local Civil Service Procedures which states, "The foregoing paragraph also applies to any individual appointed under the authority of Section 143.014 of Chapter 143." The recommendation was made that since Section 143.014 refers to the position below the department head, it should be moved to "Subchapter B - Position Below Department Head." In addition, the wording was to be changed to clarify that the position below the department head would be appointed by the department head and that all actions taken comply with all provisions in Chapter 143, Local Government Code, Section 143.014. A motion was made by Sims Norment and second by Zenetta Fulbright that the local procedures be modified to comply with the Civil Service Law as stated above. The motion was approved unanimously. The meeting was adjourned. Melba P. Harris Civil Service Director REGULAR MEETING CIVIL SERVICE COMMISSION JULY 26, 2006 The meeting was called to order by Chairman Philip Cecil @ 3:01 p.m. Commissioners present were: Philip Cecil, Zenetta Fulbright and Sims Norment. Also present were Assistant City Attorney, John Lestock, Fire Chief, Ronnie Grooms, Police Chief, Karl Louis and Melba Harris, Civil Service Director. Karl Louis presented information to support his request that preference be given to entry level police officer applicants who pass the competitive entry police officer exam and hold current basic certification or are eligible for basic certification (certifiable) from the Texas Commission on Law Enforcement Officer Standards and Education ( TCLEOSE). He stated that the cost to train a police officer and the training time would be cut in half for those persons selected who already have or are eligible for basic certification. He stated that although those persons with certification would be given preference; those people who did not have certification would continue to be considered. He also informed the Commission that the screening process to select a police officer would continue to otherwise be the same which includes a criminal background check, polygraph, oral interview and psychological test. Chief Louis also provided that he had received an interpretation of the Civil Service Local Government Code from Employment Law Attorney, Betty Lynn and Attorney, John West that this is allowed under the law if a rule is adopted by the local Civil Service Commission. A motion was made by Sims Norment and second by Zenetta Fulbright to approve a rule change to give preference to TCLEOSE certified or certifiable applicants who pass the entry police officer exam. The motion was approved unanimously. Ronnie Grooms also provided information to support his request that preference be given be to entry firefighter applicants who pass the competitive entry level firefighter examination and hold current basic certification or are certifiable from the Texas Commission on Fire Protection (TCFP) and current certification as Emergency Medical Technician (EMT -1 Basic). Chief Grooms also provided information related to the decrease in cost if we hired certified or certifiable firefighters. He also included information on what other fire departments are doing in considering applicants for the entry level firefighter position. A motion was made by Sims Norment and second by Zenetta Fulbright to approve a rule change to give preference to FCFP certified or certifiable applicants who pass the entry firefighter exam and the motion was approved unanimously. Melba Harris was instructed to have the attorney (Betty Lynn) draft the rule changes for the signatures of the Commissioners. The meeting was adjourned. Melba . 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Members of the Commission present were Philip Cecil, Chairperson, and Richard Amis, Vice - Chairperson, and Melba Harris. Also present was Tommy Haynes, Civil Service Director, Karl Louis, Chief of Police, police officers, Jason Weber, James Mazy and Jeffrey Jones. Chairperson Cecil stated the reason for this special meeting was review of the Corporal Promotional Examination given May 5, 1998. He stated that members of the Commission received a legal opinion from the City Attorney regarding this test, information in the form of a memorandum from Mr. Haynes, and copies of the letters of appeal from the police officers involved. Mr. Cecil asked Mr. Haynes to discuss the issue. Mr. Haynes stated that a Police Corporal Promotional Examination was given on May 5, 1998. He stated that Jason Weber, James Mazy and Jeffrey Jones made the top three scores on this test. Mr. Haynes said the top score including a raw score of 95 plus six seniority points was 101 made by James Mazy. He said Mr. Jones had a raw score of 91 plus ten seniority points for a total score of 101 which constituted a tie. Mr. Haynes said that the first tie breaker is the raw score, and Mr. Mazy was ranked number one, Mr. Jones was number two, and Mr. Weber was number three. He said that Mr. Weber's raw score of 96 was the highest, but he only had four seniority points which meant his total score was 100. Mr. Haynes said after the test was over, later in the evening, Mr. Weber called him and stated that he thought one of the questions on the test had an incorrect answer. Mr. Weber brought Mr. Haynes his appeal letter the following day. Mr. Haynes said that after hearing that Mr. Weber had entered an appeal of Question Number 5 the other two officers wrote letters stating their positions. Chairperson Cecil asked if any of these police officers would like to expand on their appeal letters at this time. Mr. Weber stated that Question Number 5 is not a valid test question because in his opinion the correct answer was not listed. He said the posted test study material, in big bold print, the Corporal's List stated current issues and lists Texas Penal Code, Code of Criminal Procedure and other reference materials available for the test. He said if you review the current Penal Code you will not find false imprisonment, which according to the test key was the correct answer. Mr. Weber stated the only place that you will find false imprisonment in the Penal Code is in the Index. He said the Index lists false imprisonment and refers to page 33, Chapter 20.02 of the Texas Penal Code which is unlawful restraint. He said it was his contention that unlawful restraint should have been listed as the correct 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 Page 3 would actually mean that all three of the police officers tied with a total score of 100 including their seniority points, but Officer Weber would have the first tie breaker which is the top raw score. He said the ranking of the officers would be Officer Weber first, Officer Mazy second, and Officer Jones third. After discussion by the Board, Chairperson Cecil stated that the Commission holds by a vote of 2 ayes and 1 nay that the test stands as given on May 5, 1998, with Boardmember Melba Harris voting nay. Chairperson Cecil stated that the next item on the agenda concerned the Efficiency Rating Form. Mr. Haynes stated that the Efficiency Rating Form is a form that they would like for the Commission to approve with any Commission recommended modifications or changes to the form. Mr. Haynes stated that the City's Civil Service Rules requires completion of these forms which can be used in the Fire and Police Departments. After discussion by the Board with Mr. Haynes and Chief Louis, Boardmember Amis made a motion, seconded by Boardmember Harris to accept the Efficiency Rating Form as presented. The motion carried unanimously with 3 ayes and 0 nays. Chairperson Cecil stated that the meeting was adjourned at this time. Respectfully Submitted, Thomas E. Haynes, Director Civil Service Commission