Texas Local Government Code
Terms in this set (144)
Not less than $10 or more than $100 per day of offense
A municipal official having charge of a fire or police department commits an offesne if the official violates Section 142.0013, 142.0015, 142.0017. (Hours of Labor and Vacation) An offense under this section is punishable by a fine of :
A member of a fire or police department in a municipality with a population of more than 25,000 may not, except in an emergency, be required to be on duty more than _ days in a week.
A member of a fire or police department in a municipality with a population of more than 30,000 is entitled to __ vacation days each year with pay if the member has been regulary employed in the department for at least one year.
A fire fighter shall be granted the same number of vacation days and holidays as othe rmunicipal employees, at least one of which shall be designated as _____________.
A fire fighter or EMS worker employed by a fire department, other than the fire chief or assistant chief, and who is required or permitted to more than the number of hours that bears the same ratio to 212 hours as the number of days in the work period bears to 28 days is considered to have worked _____.
Except in an emergency or if a written waiver has been signed by the majority of police officers, where an officer is entitled overtime pay, a police officer may not be required to work more than __ hours during a calendar week in a municipality that has a populatin of more than one million.
What is defined as unexpected happening or event or an unforeseen situation or crisis that calls for immediate action and requires the chief or head of the police department to order a police officer to work overtime.
Ordinarily, __ minutes or more is long enough for a bona fide meal period.
A fire fighter or police officer may, with the approval of the governing body of the municipality, accept _______ ______ instead of overtime pay, at a rate equal to 1-1/2 times the number of overtime hours.
All or Part
A municipality may at time pay a fire fighter or police officer for ___ or ____ of the person's accumulated compensatory time if both the fire fighter or police officer and the municipality agree the time may be paid.
If full payment for the fire fighter's or police officer's accumulated compensatory time would exceed __ percent of the person's annual salary, the municipality may at its option, defer payment of the amount in excess of __ percent until the first pay period of the next fiscal year.
If a fire fighter or police officer dies or terminates employment for any reason, the municipality _____ pay to the fire fighter or police officer or to his estate the total value of all the fire fighter's or police officer's acculmulated compensatory time.
The governing body of a municipality ___ provide hospital and medical assistance to a member of the police reserve force who sustains injury in the course of performing official duties in the same manner as provided by the governing body for a full-time police officer.
A police reserve officer is _______ for death benefits as provided by Chapter 615, Government Code.
$20,000, $100,000, and $15,000
A municipality may not purchase liability insurance in excess of ________ because of bodily injury to or death of one person in any one accident, ______ because of bodily injury to or death of two or more persons in any one accident, and ______ because of injury to or destruction of property of others in any one accident.
The municipality may elect to be self-insured or to reimburse the actual cost of extended automobile liability insurance endorsements obtained by a peace officer or fire fighter on an _______ owned automobile liability insurance policy.
A municipality with a population of ___________ or more shall insure the officers and employees of its fire and police departments against liability to third persons arising out of the operation, maintenance, or use of a motor vehicle owned or leased by the municipality.
A municipality may not deny benefits under a salary continuation program because an employee has a cause of action against a third party for _______ ______.
A municipality shall pay a fire fighter or police officer for an appearance as a witness in a criminal suit, a civil suit, or an administrative proceeding in which the municipality or other political subdivision or government agency is a party in interest if the appearance:
- is required
- is made on time off
- is made by the fire fighter or police officer in the capacity of a fire fighter or police officer
Secure efficent fire and police departments composed of capable personnel who are free from political influence and who have permanent employment tenure as public servants.
The purpose of Section 143 of the Government Code is to:
- A population of 10,000 or more
- has a PAID fire or police department
- has voted to adopt this chapter or law codified by this chapter
Chapter 143 of the Government Code applies only to a municipality that meets what three criteria?
Federal Decennial Census or annual population estimates from the state demographer if it is more recent
Population under subsection (a)(1) of Chapter 143 of the Government Code, is determined by which census?
If a municipality is covered under this chapter, and then later doesn't meet the population requirement, does it lose the application of this chapter?
Adopt or repeal
A municipality may hold an election to _____ or _____ this chapter as provided by this section.
To adopt this section, a petition to request the election must be signed by ____ percent of the registered voters that voted in the most recent municipal election.
A petition for an election to repeal this section may not be filed for _ year after the date the previous election was held, and must be signed by ___ percent ofthe registered voters that voted in the most recent municipal election.
A fire fighter or police officer that has been serving a municipality for at least _ months, is not required to take a competitive examination to remain in their position at the time of adoption of this chapter.
- population of 200,000 - 250,000
- located in a county in which another municipalty has a population of more than a million
- whose EMS are administered by the fire department
What municipality may establish a monthly fee for the costs of EMS, including salalry and overtime related to medical personnel?
The Chief Executive of a municipality
Who shall appoint the members of the Fire Fighters' and Police Officers' Civil Service Commision?
How many days does the chief executive have to appoint the members of the Fire Fighters' and Police Officers' Civil Service Commision?
The governing body shall implement this chapter within __ days after the first fiscal year of the election to adopt this chapter.
How many members does the commission consist of?
The members serve staggered _ year terms with the term of one member expiring each year.
- good moral character
- US citizen
- resident of the municipality who has resided in the municipality for more than 3 years
- over 25 years of age
- not have held other public offices within the preceding 3 years
A person appointed to the commission must meet what 5 criteria?
3 consecutive terms unless the members is reappointed to a 4th or subsequent term by a 2/3 majority of all members of the municipality's governing body.
How many terms may a member be appointed?
Initial member shall elect a chairman and vice chairman within __ days after the date all members have qualified.
The chief executive commits an offense if they knowingly or intentionally fail to appoint the initial members of the commission within __ days. Each day after the initial offense is a separate offense punishable by a fine of ____ to _____.
- mails a copy of the rule to the commission and to the heads of the fire department and police department
- posts a copy of the rule for a 7 day period in a conspicuous place in the central fire and police stations
- mail a copy to each branch fire station
A rule is not valid and binding on the commission until the commission does what three things?
- administer oaths
- issue subpoenas
- cause the deposition of witnesses
During an investigation, the commission or the commission members may:
A person that fails to answer a subpoena from the commission, commits an offense punishable by ___ to ____, and jail not more than __ days.
A fire fighter or police officer has __ days to file an appeal with the commission.
An ____ must include a basis for the appeal, and a statement denying the truth of the charge as made.
The commission shall appoint a director, who shall serve as _______ to the commission.
A director must meet the requirements for appointment to the commission, unless the population of the municipality is less than ___ million, the person is not required to meet the residency requirement.
The municipality's governing body shall determine the ____, if any, to be paid to the director.
- Intermediate Certification level or the equivalent
- served as a bona fide LEO for at least 5 years
A person appointed as head of a police department must meet what 2 requirements?
Same requirements as the department head, plus 2 years within the department
A person appointed to the position immediately below that of the head of the police department must meet what requirements?
Within 90 days after the vacancy occurs
The department head shall make each appointment of a "deputy chief" within:
If a firefighter or police officer is dissatisfied with any commission decision, they may file a petition in district court asking that a decision be set aside. The petition must be filed within __ days after the commission's final decision.
An appeal to district court is by trial de novo, or ___ ___.
$10-$100, jail not more than 30 days, or both.
An offense against sections pertaining to commission investigations is punishable by:
Except for the department head, and the DC, each fire fighter and police officer has civil service ______.
The _______ shall set age and physical requirements for applications for beginning and promotional positions.
If the applicant is rejected by the physician, psychiatrist, or psychologist, as appropriate, the applicant may request another examination by a board of _ physicians, psychiatrists, or psychologists, as appropriate, appointed by the commission. The applicant must pay for the board examination and the board's decision is final.
18 to 45
What are the entrance examination age requirements to be a police officer?
18 to 36
What are the entrance examination age requirements to be a fire fighter?
Each police officer and fire fighter affected by this chapter must be able to read and write ______.
-60 hours of college or prior military
-5 years prior LE
In addition to the age and the ability to read/write in English, what additional requirements must be met to apply as a police officer with a municipality of 1.5 million or more?
Before the _____ day before the date an entrance examination is held, the commission shall cause a notice to be posted in plain view on a bulletin board located in the main lobby of the city hall and in the commission's office.
The notice of an entrance examination must show the position to be filled, or for which the exam is to be held, and the ____, ____, and _____ of the examination. It must also state the period during which the eligibility list will be effective.
General Knowledge and Aptitude
The examination must be based on the person's ______ _____ and _____ and must inquire into the applicant's general education and mental ability.
An applicant may not take an examination unless at least _ other applicant taking the examination is present.
- Served in the Armed Forces
- Received and Honorable Discharge
- Made a passing grade on the examination
An additional five points shall be added to the examination grade of an applicant who meets what three prerequisites?
Not less than 6 months, and not more than 12 months
The commission shall keep each eligibility list for a beginning position in effect for how long?
A minimum passing grade on the examination is __ percent.
Each applicant that is either a natural-born or adopted child of a _____ ______ who previously suffered a line-of-duty death while covered by this chapter shall be ranked at the top of any eligibility list in which the said applicant recieves a minimum passing grade on that respective eligibilty exam.
The commission may adopt rules to allow a _______ ______ who voluntarily resigns from the department to be reappointed to the department without taking another departmenatl entrance examination.
The director shall certify to the municipality's chief executive the names of the _ persons having the highest grades on the eligibility list.
A person appointed to a beginning position in the fire or police department must serve a probationary period of _______ beginning on that person's date of employment as a fire fighter, police officer, or academy trainee.
Before the __day before a promotional examination is held, the commission shall post a notice that lists the sources from which the examination questions will be taken.
Before the __day before a promotional examination is held, the commission shall post a notice of the exmaination in plain view on a bulletin board in the lobby of the city hall and in the commission's office. The notice must show the position to be filled or for which the examination is to held, and the date, time, and place of the examination.
Knowingly or Intentionally
A person commits an offense __________ or _________:
- Reveals a part of the promotional exam to an unauthorized person
- Receives from an authorized or unathorized person a part of the promotional examination for unfair personal gain or advantage
Misdemeanor punishable by by a fine not less than $1,000, confinement in the county jail for not more than one year, or both the fine and confinement.
Revealing a part of the promotional exam to an unauthorized person, or receiving from an authorized or unathorized person a part of the promotional examination for unfair personal gain or advantage, is an offense that is a:
Each police officer is entitled to receive one point for each year of seniority as a classified police officer in that department, with a maximum of __ points.
If a tie score occurs on an examination, the __________ shall determine a method to break the tie.
Within __ hours after a promotional examination is held, the commission shall post the individual raw test scores on a bulletin board located in the main lobby of the city hall.
A candidate may appeal, within _ days, to the commission for review of the promotional exam and questions, and challenge the test.
The director shall hold an election to adopt an alternative promotional system in a police department, on or after the __ day after the date notice of the election is posted at the department.
An election for an alternative promotional system shall be conducted throughout each regular work shift at an accessible location within the department during a __ hour period.
A defeated promotional system amendment may not be placed on a ballot for a vote by the sworn officers for at least __ months after the prior election was held for the same amendment.
The commission shall canvass the votes within __ days after the date the election is held.
An appeal alleging election irregularity must be filed with the commission within _ working days after the date the election closes.
At any time after an alternate promotional system has been adopted under this section and has been in effect for at least ___ days, a petition signed by at least __ percent of the sworn police officers may be submitted to the commission asking that the alternative promotional system be reconsidered.
Within __ days after the date the petition is filed, the commission shall, hold an election to reconsider the use of an alternate promotional system.
A promotional list may not be created if an election for an ________ promotional system is pending.
A person promoted under an alternate system has the same rights and the same status as a person promoted under this chapter even if the alternative system is later ________.
If an eligibility list does not exist on the date a vacancy occurs or a new position is created, the commission shall hold an examination to create a new eligibility list within __ days after the date the vacancy occurs or a new position is created.
If a valid eligibility list exists on the date a vacancy occurs, the department head shall fill the vacancy by _______ appointment from the eligibility list furnished by the commission within __ days after the date the vacancy occurs.
If a department head refuses _ times to promote a person, files the reasons for refusals in writing with the commission, and the commission does not set aside the refusals, the person's name shall be removed from the eligibility list.
Each promotional eligibility list remains in existence for how long, after the date on which the written examination was given, unless exhausted?
- date of the notice of examination was posted
- date on which the appointed person took the examination
- the name of the person who conducted the examination
- the relative position of the appointed person on the eligibility list
- date the appointed person took the physical examination, the name of the physician, and whether the person was accepted or rejected
- date the request to fill the vacancy was made
- date the appointed person was notified to report for duty
- date the appointed person's pay is to start
What seven thin things must a record of certification and appointment contain?
Immediately remove the director from office
If the director fails to forward a copy of the record of certification and appointment to a department head and chief executive, what is the penalty?
The department head may designate a person from the next lower classification to temporarily fill a position in a higher classification. The designated person is entitled to the ____ ______ of the higher position, plus the person's own longevity or seniority pay, educational incentive pay, and certification pay during the time the persons performs the duties.
- Longevity or seniority pay
- Education incentive pay
- Assignment pay
- Certification pay
- Shift differential pay
- Fitness incentive pay
In addition to base salary, each fire fighter or police officer is entitled to what 6 types of pay, if applicable?
The head of a fire or police department is not eligible for ____________ pay.
1.25 full working days, 15
A permanent or temporary fire fighter or police officer is allowed sick leave with pay accumulated at the rate of _____________ for each full month employed in a calendar year, so as to total __ working days to a person's credit each 12 months.
A fire fighter or police officer may accumulate sick leave _______ ______ and may use the leave if unable to work because of a bona fide illness.
A police officer who leaves the job for any reason is entitled to receive in a lump-sum payment the full amount of a person's salary for accumulated sick leave if the person has accumulated not more than __ days of sick leave.
All unpaid compensation, including all accumulated sick leave, due at the time of death to an active fire fighter or police officer who dies as a result of a ____ ___ ____ injury or illness, shall be paid to the person's beneficiary.
Each fire fighter or police officer is entitled to earn a minimum of __ working days' vacation leave with pay in each year.
Unless approved by the municipality's governing body, a fire fighter or police officer may not accumulate ______ leave from year to year.
The governing body of a municipality may authorize shift differential pay for fire fighters and police officers who work a shift in which more than __% of the time worked is after 6pm and before 6am.
- conviction of a felony or other crime involving moral turpitude
- violations of a municipal charter provision
- acts of incompetency
- neglect of duty
- discourtesy to the public or to a fellow employee while the fire fighter or police officer is in the line of duty
- acts showing lack of good moral character
- drinking intoxicants while on duty or intoxication while off duty
- conduct prejudicial to good order
- refusal or neglect to pay just debts
- absence without leave
- shirking duty or cowardice at fires , if applicable
- violation of an applicable fire or police department rule or special order
A commission rule prescribing cause for removal or suspension of a fire fighter or police officer is not valid unless it involves one or more of what 12 grounds?
A disciplinary suspension may be for a reasonable period not to exceed __ calendar days or for an indefinite period.
Dismissal from the department
An indefinite suspension is equivalent to ________________.
If the department head suspends a fire fighter or police officer, the department head shall, within ___ hours after the hour of suspension, file a written statement with the commission giving the reasons for the suspension.
A suspended fire fighter or police officer must file a written appeal with the commission within __ days after the date the person receives the copy of the suspension statement.
If offered by the department head, the fire fighter or police officer may agree in writing to voluntarily accept, with no right of appeal, a suspension of __ to __ calendar days for a violation of a civil service rule. The fire fighter or police officer must accept the offer within _ working days after the date the offer is made.
A person must file a written appeal to the commission within __ days after the date a person receives a copy of the written statement of suspension.
The department head may not complain about an act that is discovered earlier than the ___ day preceding the date the department head suspends the fire fighter or police officer.
If a suspension is appealed, the commission shall hold a hearing and render a decision in writing within __ days after the date it receives notice of the appeal.
- Permanently dismissed
- Temporarily suspended
- restored to the person's former position or status in the department
In it's decision on an appeal, the commission shall state whether the fire fighter or police officer is:
An officer is entitled to a __ day notice of public demotion hearing.
Uncompensated duty may be assigned to a police officer, if the officer agrees to it. If uncompensated duty is combined with a disciplinary suspension, the total number of uncompensated days days may not exceed __.
A disciplinary suspension does not constitute a break in a continuous position or in service in the department in determining eligibility for a ______ examination.
If a fire fighter or police officer is indicted for a felony or officially charged with the commission of a class A or B misdemeanor, the department head may temporarily suspend the person with or without pay for a period not to exceed __ days after the date of the final disposition.
If the action directly related to the felony indictment or the misdemeanor complaint is discovered, the department head, within ___ days after the date of final disposition, may bring a charge for violation of civil service rules.
A fire fighter or police officer that has a civil service violation charged against him, in direct relation to a felony indictment or misdemeanor A or B complaint, may delay the civil service hearing for not more than __ days after final disposition.
Conviction of a _______ is cause for dismissal.
If the department head intends to order an indefinite suspension after the 180th day period, the department head must file with the _________ ______ a statement describing the criminal investigation and its objectives within 180 days after the date the act complained of occurred.
An appeal of indefinite suspension, suspension, promotional bypass, or a recommended demotion, the fire fighter or police officer may elect to appeal to an independent ____ ____ hearing examiner instead of the commission.
If the fire fighter or police officer elects to appeal to a hearing examiner, the person waives all rights to appeal to _______ _______, unless the examiner was without jurisdiction.
The _______ ______ decision is final and binding on all parties.
If the parties do not agree on the selection of a hearing examiner within __ days after the date the appeal is filed, the director shall immediately request a list of _ qualified neutral arbitrators from the American Arbitration Association or the Federal Mediation and Conciliation Service.
If both sides of an arbitration cannot agree on an arbitrator from the furnished list of seven qualified neutral parties within _ days, each party shall alternate striking a name from the list, and the remaining name is the arbitrator.
Expedited Hearing Procedure
In what procedure shall the hearing examiner render a decision on the appeal within 10 days after the hearing ended?
In a hearing that does not involve an expedited hearing procedure, the hearing examiner shall make a reasonable effort to render a decision on the appeal within __ days after the date the hearing ends.
Whose fees are shared equally by the appealing party and the and by the department?
Whoever calls the witness
The cost of the witness is paid for by whom?
- arbitration panel was without jurisdiction or exceeded its jursdiction
- the order was procured by fraud, collusion, or other unlawful means
A district court may hear an appeal of a hearing examiner's award only when what two situations exist?
At the end of a _ year peiod, the municipality's governing body may extend the line of duty injury or illness leave at full or reduced pay.
If the fire fighter's or police officer's leave is not extended or the person's salary is reduced below __ percent of the person's regular monthly salary, and the person is a member of the pension fund, the person may retire on pension until able to return to duty.
- Accumulated sick time
- Accumulated vacation time
- Other accumulated time
Before a person is placed on temporary leave to an injury or illness, the may use what kinds of time before being placed on temporary leave?
10 calendar days
Within __ calendar days after the date a person receives a copy of their efficiency report , the person may make a statement in writing concerning the efficiency report.
Uniform, Active Duty
While in _______, or on ________ _____, a fire fighter or police officer may not take an active part in another person's political campaign for an elective position of the municipality.
- makes a political speech
- distributes a card or other political literature
- writes a letter
- signs a petition
- actively and openly solicits votes
- makes public derogatory remarks about a candidate for an elective position of the municipality
A person takes an active part in a political campaign if the person does one of what six things?
A fire fighter or police officer may not be required to _______ to a political fund or to render a political service to a person or party.
A fire fighter or police officer may not engage in a ____ against the governmental agency that employs the fire fighter or police officer.
Money or anything of value
A person commits an offense if the person accepts _______ or anything of ______ from another person in return for retiring or resigning from the person's civil service position.
A person commits an offense if the person _______ money or anything of value to another person in return for the other person's retirement or resignation from the person's civil service position.
If a negative letter, memorandum, document, or other notation of negative impact is included in a fire fighter's or police officer's personnel file, the director or the director's designee shall, within, __ days after the date of inclusion, notify the affected fire fighter or police officer.
- fire suppression
- fire prevention
- fire training
- fire safety education
- fire maintenance
- fire communications
- fire medical emergency technology
- fire photography
- fire administration
What are 9 functions fire fighters perform?
Commission members shall elect a chairman and vice-chairman each year during what month?
If active military duty exceeds __ months, the person must serve on the department for at least __ days before they are eleigible for a promotional examination.