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Civil Service Commission Minutes - 12/20/2021 MINUTES OF THE FIRE FIGHTERS AND POLICE OFFICERS' CIVIL SERVICE COMMISSION DECEMBER 20, 2021 Present: Jim Heiman. Chair § Commission Members Laura Fidelie § John Buckley § Christi Klyn, Civil Service Director § City Administration/Staff Julia Vasquez, First Assistant City Attorney § Manuel Borrego, Police Chief § Guy Gilmore, Deputy Police Chief § Scott Vaughn. Deputy Police Chief Kenneth Prillaman, Fire Chief § Brian Lester, Human Resources Supervisor § Holly Morgan. HR Generalist § David Ferguson, Lieutenant § Wichita Falls Police Department Kevin Folmar, Lieutenant § Jason Leavelle, Sergeant § Cary Venable, Sergeant § Paul Hardi, Officer § Brad Higgins, Officer § Joseph Felts, Officer § Floyd McPherson, Officer § Marisa Cervantes, Officer § Jesse Bartow, Officer § Michael Poirot, Officer § Daniel Wilson, Officer § Scott Schench, Officer § Robert Jones, Officer § 1. Call to Order Chairman Heiman called the meeting to order at 10:30 a.m. 2. Approval of Minutes (7/26/21) Laura Fidelie moved for approval. Seconded by John Buckley, the motion carried 3-0. 3. Review Appeals of the Police Sergeant Exam Administered December 8, 2021. Question 10. Source Effective Supervisory Practices, 5th Edition. Chapter 16, Page 290. Answer Key C According to the authors, which of the following is described as "Sometimes you may deal with customers who are angry or frustrated. Worse, they may have expectations that are unreasonable or wrong. Civil Service Commission Minutes December 20,202I 2 Nevertheless, demonstrating that you hear their concerns, care about their issues, and are sorry they are frustrated can go a long way, even if you 0 won't be able to deliver the answer they want."? a. Sympathy c. Empathy b. Console d. None of the above are correct. Officer Paul Hardi appealed this question, asking more than one answer be accepted. He states that the text has overlapping and contradictory definitions of sympathy and empathy. Commissioner Fidelie asked for clarification on whether the question is thrown out or more than one answer accepted. Officer Hardi states "accept more than one answer". Officer McPherson asks that more than one answer be accepted. Commissioner Fidelie asks "where do you see the contradiction"? Officer McPherson states in the definition on page 176. Commissioner Fidelie moved that the answer key be upheld. Seconded by Commissioner Buckley, the motion carried 3-0. Question 59. Source Texas Health and Safety Code, Answer Key A According to Section 481.122, an adult person commits an offense if the adult knowingly delivers marijuana to a child (under 18 years old and the child is also enrolled in a public or private secondary school). The offense for this act is which of the following? a. Felony of the second degree c. Felony of the first degree b. Class A misdemeanor d. State jail felony Officer Higgins appealed this question, stating that the verbiage of adult is limiting versus a person as stated in the Health and Safety Code. Thus taking away the ability to use it in the field and changes the scope of the law. Commissioner Fidelie reiterates the Health and Safety Code states person and the question states adult person. Wouldn't an adult person still be classified as a person? Officer Higgins responses it depends. The definition states someone over 18 or someone under 18 that has had the disabilities and minorities removed. Commissioner Fidelie ask what are you asking the commission to do. Officer Higgins, "throw the question out". Commission discussed discrepancy with definitions. Commissioner Fidelie moved that the answer key be upheld. Seconded by Commissioner Buckley, the motion carried 3-0. Question 60. Source Texas Health and Safety Code, Answer Key A According to Section 481.125, an adult person found in possession of drug paraphernalia, who intended to use it to inhale an illegal, controlled substance (first offense) is classified as which of the following offenses? Civil Service Commission Minutes December 20,2021 3 a. Class C misdemeanor c. Class B misdemeanor b. State jail felony d. Class A misdemeanor Officer Hardi appealed this question and asks more than one answer be accepted. He states two references could be used 481.125 or 485.033. He states that the question is misleading and does not offer an identifiable distinction as to which statute was intended to be the source. Please note the similarities. Both offenses are from the Health and Safety Code. both offenses specifically pertain to paraphernalia, both offenses contain enhancements. and both offences contain the specific terms inhale, ingest, and otherwise introduce. The question omits nineteen terms that could have identified section 125 more clearly. Statue titles were used inconsistently throughout the test. Question 60 and 61 were from the same statue, however, question 60 had no title while question 61 had the title. Officer Hardi believes the question is unfair and misleading. Commissioner Heiman asked for clarification between question 60 and 61 formatting. Officer Hardi states that the section title inclusion makes the question clearer. Officer McPherson disagrees with Officer Hardi. Asks the answer key be upheld. Commissioner Fidelie moved that the answer key be upheld. Seconded by Commissioner Buckley, the motion carried 3-0. Question 64. Source Texas Health and Safety Code, Answer Key D According to Section 573.001, a peace officer, without a warrant. may take a person into custody if the officer has reason to believe, and does believe that: a. The person is a person with mental c. There is not sufficient time to illness. obtain a warrant before taking the person into custody. b. Because of the mental illness, there d. All of the above are correct. is a substantial risk of serious harm to the person or others unless the person is immediately restrained. Officer Cervantes appealed this question. Officer Cervantes reads the statue emphasizing and. She states that when a series ends in and, it indicates all the factors are needed in order for the officer to apprehend without a warrant. All the answer together are correct but not individually. Commissioner Fidelie asks if Officer Cervantes would agree that each of these are a component of identifying if someone were to be taken into custody. Officer Cervantes states yes a component but you have to have all three in order for it to be correct. Civil Service Commission Minutes December 20, 2021 4 Commissioner Heiman states the answer says all of the above are correct. Officer Cervantes recants that saying A alone is not correct, B alone is not correct, C alone is not correct, only all three together are correct. Officer Felts asks that the answer key be upheld. All factors are used to assess and the question was worded fairly. Commissioner Buckley ask if they look at those individually or as a whole. Officer Felts states it depends on the situation. Officer Wilson agrees with Officer Cervantes. That all need to be present to take someone into custody. Officer McPherson agrees with Officer Felts that the answer key is correct. Commissioner Fidelie moved that the answer key be upheld. Seconded by Commissioner Buckley, the motion carried 3-0. Question 65. Source Texas Health and Safety Code, Answer Key A According to Section 573.021 (Emergency Detention), a facility shall temporarily accept a person for whom an application for detention is filed or for whom a peace officer files a notification of detention under Section 573.002(a). A person accepted for a preliminary examination may be detained in custody for not longer than hours after the time the person is presented to the facility, unless a written order for protective custody is obtained. a. 48 c. 72 b. 120 d. 24 Officers Higgins, McPherson, and Cervantes appealed this question. Officer McPherson states the question is not in the source material and asks that it be thrown out. Commissioner Fidelie moved that the question be thrown out. Seconded by Commissioner Buckley, the motion carried 3-0. Question 89, Source Wichita Falls Code of Ordinance, as updates, June 1, 2021, Chapter 82, 82- 67, Answer Key B All city-owned parks within the city, except for those located at Lake Arrowhead, are closed every day from . It is unlawful for anyone to loiter, idle, wander, stroll or play in such parks during such period when they are closed. However, if anyone applies for permission to carry out an activity in a park during such hours and the director of parks and recreation determines that such activity will not create a disturbance or public nuisance, the director has the authority to issue a special permit for such activity. Civil Service Commission Minutes December 20,202I 5 a. 12:00 midnight until 5:00 a.m. c. 12:00 midnight until 6:00 a.m. b. 11:00 p.m. until 6:00 a.m. d. 10:00 p.m. until 5:00 a.m. Officers Hardi, Felts. Higgins, Keith. Chesar, and McPherson appealed this question. Officer McPherson explains the reference material states 12:00 until 5:00, however the answer key states 11:00 until 6:00. He asks multiple answer be accepted. Julia Vasquez states it must be thrown out due to the answer key being wrong. Commissioner Buckley moved that the question be thrown out. Seconded by Commissioner Fidelie, the motion carried 3-0. Question 98, Source Wichita Falls Police Department General Orders, Section 100.41, Meritorious Service Awards, Page 2, Answer Key D. Which of the following is the commendation bar for an officer possessing a Bachelor Degree? a. c. b. Officer Cervantes appealed this question. Texas local government code section 143.032 states as part of the promotional examination procedure the examination questions must test the knowledge of the eligible promotional candidate about information and facts and must be based on the duties of the position for which the examination is held. The test question references a Bachelor Degree bar and being able to recognize it by picture. General Order 100.041 states that it is the purpose of the Employee Recognition Committee to review cases involving meritorious service and make recommendation for recognition of acts performed by members of the department. It is not the duty of the supervisor, it is the duty of the Employee Recognition Committee. Officer Cervantes argues what is the relevance of the question. Commissioner Fidelie asks who makes up the committee. Officer Cervantes states all different ranks of members of the department. Chief Borrego adds that civilians also sit on the committee. Commissioner Heiman asks is it important to recognize awards on your fellow officers. Officer Cervantes again argues the relevance of the question in reference to as a supervisor. Officer Felts asks that the answer key be upheld. Commissioner Fidelie moved that the answer key be upheld. Seconded by Commissioner Buckley. the motion carried 3-0. Civil Service Commission Minutes December 20,202 i 6 5. Report from Fire Chief Chief Prillaman reports that the department has a full roster. There are no anticipated retirements at this time. Hopeful to keep the roster full. They do anticipate a second disability retirement due to Covid. Council approved replacement of Fleet. The association is going through an election the next three day for new leadership starting January 1. 6. Report from Police Chief Chief Borrego thanks the commission for attending the meeting today. The previous academy has graduated, adding eleven officers to the field. There are currently eight vacancies. In a hiring process right now. Ninety-six applicants total. Thirty-three tested Tuesday, fourteen passed. Twenty-seven tested Saturday, fourteen passed. Twenty-eight total applicants going into background investigations. Commissioner Heiman asks how many normally start in background. Chief Borrego responds closer to forty. However, getting better quality even with smaller numbers. Hopeful for ten total. Commissioner Fidelie asks why numbers are lower. Chief Borrego states a number of societal factors, along with dispatch it is difficult with the negativity. Currently doing "back to beard" to collect funds for the Boys and Girls club. The Association delivered items to Children aide. 7. Adjourn The meeting adjourned at 11:14 a.m. r6 Ji Peter Heiman, Chairman