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Civil Service Commission Minutes - 06/01/2007MINUTES OF THE FIREFIGHTERS' AND POLICE OFFICERS' CIVIL SERVICE COMMISSION June 1, 2007 Present: Bob Monaghan, Chairman Dr. Ernest Dover Dr. Floyd Thornton Dennis Bachman, Police Chief Earl Foster, Fire Chief Bill Weske, Assistant Fire Chief David Winney, Human Resources Director Julia Vasquez, First Assistant City Attorney Linda Merrill, Recording Secretary Bryce Blair, Lieutenant Randy Brown, Lieutenant Eden Buddemeyer, Lieutenant Randy Shirley, Lieutenant Tony L. Miser, Lieutenant Keith Morton, Captain Brad Corley, Lieutenant Randal Reel, Lieutenant Joe Jackson, Lieutenant Nick Hillner, Lieutenant Joe Morris, Lieutenant Keith Tressler, FEO Lynn Holzer, Battalion Chief Call to Order CITY CLERK ': ;11, :F iCE Date X10_ �C.flD -7 By �Gi` Time Commission Members City Staff WFFD Chairman Monaghan called the meeting to order at 1:03 p.m. Commissioner Dover was not present at the beginning of the meeting; however, quorum requirements were met by Chairman Monaghan and Commissioner Thornton. 2. Approval of Minutes (May 10, 2007) Commissioner Dover moved, seconded by Chairman Monaghan, that the minutes of the meeting of May 10, 2007, be approved. The motion carried. Minutes of the Civil Service Commission Meeting June 1, 2007 2 3. Consider Appeals Of Test Questions From Fire Captain Promotion Examination Administered On May 8, 2007, Pursuant To §143.034 Of The TEXAS LOCAL GOVERNMENT CODE And Related Civil Service Commission Rules Chairman Monaghan noted the questions appealed from the test would be taken in order from Question 3 through Question 100. Anyone present can speak to any of the questions appealed. At the conclusion of the discussion of each question, he will call for a motion regarding the particular appeal(s). (Commissioner Dover entered the meeting.) Question 3, appealed by Randal Reel Lt. Reel expressed his opinion that he did not think there was a wrong answer provided to respond to the "except" in the question. The physical barriers section, page 54 in the book, says to be adaptive to the audience. Page 42 notes that each person in the conversation acts as both sender and receiver. Commissioner Thornton asked if the test questions are taken from one source or several. Mr. Winney noted the questions come from one source, and noted Question 3 is taken from page 51 of the book. Commissioner Thornton moved for Test Question 3 to stand as written. Seconded by Commissioner Dover, the motion carried. The appeal was DENIED. Question 9, appealed by Randal Reel Lt. Reel withdrew his appeal to the question. Chairman Monaghan asked Julia Vasquez if this action was acceptable, to which she replied affirmatively. The appeal was deemed WITHDRAWN by the Commission. Question 16, appealed by Brad Corley, Randal Reel, Randy Brown, and Joe Jackson Brad Corley distributed information to the Commissioners. Question 16 is a negative question, meaning that the examinee chooses the incorrect answer. Size - Up is a process of gathering and evaluating information in order to determine what course of action to pursue. There are four basic areas of a Size -Up: Environment, Nature of the Incident, Occupancy, and Resources. Building materials, a possible answer, falls under the "Occupancy" category. Building materials must be taken into consideration first when determining a successful operation. Minutes of the Civil Service Commission Meeting June 1, 2007 3 This question was pulled out of the middle of the chapter, Lt. Corley continued. The firefighters are learning the entire chapter. He does not see a wrong answer. All the answers were basic areas of information. Building materials is the same as occupancy, just as environment is the same as weather, and personnel the same as resources. Several other firefighters share his opinion. Joe Jackson added that the firefighters are taught to evaluate the entire scene. This test needs to be one of general knowledge, because the result will be promotions to positions in charge of entire incidents. While no examinee is incapable of performing the work, he stressed there is not a wrong answer for this question. Commissioner Dover asked who developed the test questions. Goad and Associates prepared the test, replied Mr. Winney. He added that, when taking a test, one has to go with the best answer available. Building materials is not one of the four primary categories of Size -Up, but rather is a part of Occupancy, and therefore is the answer. Lt. Corley countered that the question did not asked for the four primary categories; it simply asked for basic areas of information. He asked why the question was prepared with one of the subcategory items as an option. It is still a correct answer, and thus makes the question unanswerable. When he discussed it with Mr. Winney, he told Lt. Corley that he saw his point about this question. It is a poorly constructed question. Lt. Jackson noted that, if they are expected to answer the questions word -for- word, then the questions should be verbatim, as well. Lt. Corley noted there is not an "except" answer, and he is asking for it to be removed. Tony Miser spoke in favor of retaining the question. He answered it correctly. The logical answer was building materials. Chairman Monaghan noted the Commission's responsibility is to determine whether the question is so convoluted that it does not agree with the source material. The question does not have to be taken verbatim from the source material. Lt. Jackson observed that if the question were asked in another way — would you consider building materials on an initial Size Up — the answer would be "yes." Commissioner Dover stated he would like to know how many examinees missed that question, to which he received no reply. He indicated that, in his position as professor, if a large percentage of his students miss a particular question, he will throw it out. Nick Hillner noted that these questions can be overanalyzed. The WFFD might in actuality perform tasks somewhat differently than as written in the "red book." If the superiors want to test the firefighters' knowledge of the practices of the Department, then different test questions need to be prepared. Minutes of the Civil Service Commission Meeting June 1, 2007 4 Randy Brown, an appellant of this question, exclaimed that he did not see a wrong answer. Eden Buddemeyer, on the other hand, said the question called for the basic areas, and building materials is not considered a basic area. Commissioner Thornton moved that the question stand as written. Commissioner Dover seconded the motion. The motion was unanimously approved. The appeal was DENIED. Question 17, appealed by Joe Jackson Lt. Jackson stated that he wished to withdraw his appeals of Questions 17 and 19, if the Commission had decided to require verbatim answers. Chairman Monaghan stated that the Commission wanted to give each appellant the opportunity to state his case. Lt. Jackson rescinded his withdrawal of the appeals. He felt the answer of high winds was correct, as that circumstance would affect apparatus placement. Chairman Monaghan noted that, while the Commissioners are not experts on the subject matter of these tests, the answer can be found in the source material. He called for the question. Commissioner Dover made a motion for the question to stand as written. The motion, seconded by Commissioner Thornton, was unanimously approved. The appeal was DENIED. Question 19, appealed by Joe Jackson Lt. Jackson noted that the book included the word "major," but the test question used the term "most major." Thus, the test question is not verbatim. Chairman Monaghan questioned whether that significantly changed the substance of the question or the answer. Lt. Jackson replied that the Commission's decisions should be consistent. Chairman Monaghan asserted the Commission is trying to be consistent. If a question is substantially different from the source material, it will be eliminated. Lt. Miser stated that the meanings of "major" or "most major" are the same. Lt. Corley noted that the question is not word - for -word from the book. Chairman Monaghan reiterated that the Commission's duty is to determine whether there is a significant change from the source material. The Civil Service Commission does not prepare the test. Hopefully, the leadership of the department reviews the questions before they are approved for the test. Commissioner Dover moved for the question to stand as written. Commissioner Dover seconded the motion, which unanimously carried. The appeal was DENIED. Minutes of the Civil Service Commission Meeting June 1, 2007 5 Question 51, appealed by Joe Jackson and Mark Patterson Lt. Jackson stated that the source material directly above the question (on page 126) reads that all containers of flammable and combustible liquids must be marked with the name of the contents. Commissioner Dover noted that sentence is not within the four potential responses. Lt. Corley asked if the Commissioner is saying that labeling cans is a wrong answer. Commissioner Dover stated that is not what he is saying; the question comes from the test preparer. Lt. Jackson asked if the Commission is of the opinion that the containers do not have to be listed. The Commission replied in unison that they are not saying that. Lt. Jackson replied that the book states that containers must be labeled. Chairman Monaghan noted he has had some experience with MSDS from working in industry. It is difficult to inventory unless products are labeled in some form. Lt. Corley agreed. Labeling of the product should have been included in the choice of possible answers; in fact, it is before the four choices in the question. Lt. Jackson added that each product has to be labeled and in a separate container. Commissioner Dover noted that the firefighters must perform deductive reasoning to determine which answer is correct. Take the best answer of the four choices. Lt. Jackson asked the Commissioner if he did not agree that the materials have to be in containers and labeled. Commissioner Dover stated that answers (a), (b) and (c) of that test question cannot compete with answer (d), which makes far more sense. Lt. Miser explained that this question concerns the documentation of the material; the answer sought is MSDS sheet, because that concerns documentation. Lt. Hillner noted that, again, there is a tendency to overanalyze the questions. This question is almost word - for -word from the book. The question should stand. The test is over the posted source material, not the practical operations of the Department. Commissioner Dover moved, seconded by Commissioner Thornton, that the question stand as written. The motion carried unanimously. The appeal was DENIED. Question 58, appealed by Randal Reel Lt. Reel noted that the question is taken out of context. It is taken word - for -word from the book, but it refers to a list ( "must also consider"). Page 65 lists different items of consideration for the health and safety officer. Stress is a better answer than environment. Commissioner Dover noted that the book states that a health and safety officer must also consider the impact of the environment, which corresponds to the question on the test. Commissioner Thornton moved that the question stand as written. Commissioner Dover seconded the motion, which carried unanimously. The appeal was DENIED. Minutes of the Civil Service Commission Meeting June 1, 2007 6 Question 59, appealed by Joe Jackson Lt. Jackson noted the question is not specific. Pages 85 and 86 address the care and cleaning of protective clothing. The questions are vague and could be applied to more than one chapter. Chairman Monaghan noted that an "s" was deleted from the end of the word "response," but that was not a substantial change. Commissioner Dover moved, seconded by Commissioner Thornton, that the question stand as written. The motion carried unanimously. The appeal was DENIED. Question 65, appealed by Bryce Blair and Joe Jackson Chairman Monaghan noted this was another "except" question. Lt. Jackson noted the answer is duration of the fire, but he asked if anyone in the room could say that the wind direction and intensity are not factors. He noted that if a roof is opened on the wrong side, flames can be pushed back down onto the firefighters. Commissioner Dover moved that the question stand as written. Seconded by Commissioner Thornton, the motion unanimously carried. The appeal was DENIED. Question 66, appealed by Joe Jackson Lt. Jackson withdrew his appeal of Question 66. Question 68, appealed by Joe Jackson Lt. Jackson withdrew his appeal of Question 68. Question 70, appealed by Brad Corley, Randy Brown, Bryce Blair, Joe Jackson, and Mark Patterson Randy Brown does not feel the answer is the best choice. Forced ventilation is used to describe three types of ventilation — hydraulic, negative pressure, and positive pressure. Hydraulic ventilation and negative pressure ventilation place the firefighter in hazardous atmospheres in order to use them. Positive pressure uses fresh air, and the firefighter is not placed in harm's way. Bryce Blair agreed with Lt. Brown. The WFFD uses positive pressure. It is by far the best, and is stated in the book. He missed the question, also. Randy Shirley noted he read the material. There is one best answer for the question, and that is the one on the key. Lt. Corley stated the use of that force would jeopardize the firefighter. A firefighter has to go into the building with an ejector for the Minutes of the Civil Service Commission Meeting June 1, 2007 7 negative pressure. Churning will pull the product back into the atmosphere. The WFFD uses positive pressure. The best answer is positive pressure ventilation. The book says forced may be the best. Times have changed since the source material was published 15 years ago. Lt. Miser noted that forced ventilation is the best answer, as the question is not dealing with one particular scenario. He does not see how an open trench could be ventilated through positive pressure. Lt. Reel stated that positive pressure is used more, even in trenches, because it moves fresh air from the outside in. Taking air from the inside and moving it out is simply not as effective. Lt. Hillner stated that this process could continue all afternoon. He agrees that the source material is two- thirds obsolete. It is what the examinees are told to study, however, whether or not it is the practice of the WFFD. Chairman Monaghan observed there may be some question about the use of this particular source material; however, that is not appropriate to the discussion of this particular question. Commissioner Thornton moved that the question stand as written. Seconded by Commissioner Dover, the motion unanimously carried. The appeal was DENIED. Lt. Brown asked how the other answer was better, since the Commission has advised that the examinees pick the best answer. Chairman Monaghan noted it is not the responsibility of the Commission to answer the questions, but simply to ensure that the question comes directly from the posted source material and has not been substantially changed. Question 100, appealed by Randal Reel Lt. Reel withdrew his appeal. Chairman Monaghan then asked if any question had been overlooked. No response was forthcoming. He thanked the appellants, adding that this is a difficult process. It is not a happy situation, as some people will always be disappointed. Lt. Hillner asked the Commission to consider a question from the floor. Chairman Monaghan noted the Commission cannot rule on anything that was not on the agenda. Ms. Vasquez stated that Lt. Hillner can state what he wants, but there should not be any discussion or vote on the matter, since it is not on the agenda. Lt. Hillner noted that the State civil service rules allow for a review of the test. The local rules allow for a review of only the questions the examinee missed. The State civil service rules do not differentiate; the entire test can be reviewed. He would like the local rules to read the same as the State rules. As an alternative, he suggests having Minutes of the Civil Service Commission Meeting June 1, 2007 8 the 100 test questions printed on 100 separate cards. Then, when an examinee asks to review the questions he /she missed, those respective cards could be readily furnished. 4. Report from Police Chief (Chief Bachman was not present at the meeting at the time this item was reached during the meeting. Instead, he was at police promotional and retirement ceremonies. This issue was addressed at the end of the meeting when Chief Bachman arrived.) Chief Bachman noted the department is still in the process of reviewing proposed changes to the local civil service rules; he may have information to present to the Commissioners within the next several weeks. There is still time before the next testing. He noted that August 17 is the date of the next Academy graduation. 5. Report from Fire Chief Chief Foster exclaimed that five certified firefighters will finish their Academy June 22, and go in the stations on the 23rd. The Department will test on June 16 for firefighter positions for a six -month Academy to begin August 27. He added that a firefighter resigned yesterday to pursue another career opportunity. Chairman Monaghan asked that the Commission be sent invitations to the graduation ceremony. Chief Foster replied that the ceremony will be held on June 20th at 3:00 p.m., and that the Commission's invitations are already in the mail. 6. Action concerning and ruling on adoption of proposed updates to the Local Civil Service Rules The meeting took a five - minute break at 2:27 p.m. Mr. Winney provided posting verification documents to the Commissioners for their signatures on the rules changes concerning driving background' and physical ability.2 The police department has still not brought a proposal to him regarding sit -up requirements. Another issue to be discussed at a future meeting concerns police training eligibility requirements. Section 143.023, Physical Requirements and Examination, Subsections (4) and (5). 2 Amendment to the Wichita Falls Local Civil Service Rules, Attachment 1. Wichita Falls Fire Department, Physical Ability Standards (Section 2) Minutes of the Civil Service Commission Meeting June 1, 2007 9 Ms. Vasquez noted that any further changes may as well wait until she has gone through changes to the civil service laws that may have been made by the Texas Legislature during its last session. Mr. Winney noted that other items to be considered are seniority points and promotional examination grade considerations for firefighters for tie breakers on promotional lists. Ms. Vasquez questioned Mr. Winney about changes to the BPAD language regarding the Fire Department. He replied that those changes are also under consideration. Mr. Winney noted there is another proposed change to determine the date a firefighter trainee becomes a certified firefighter. The certificate dates from the Texas Commission on Fire Protection are not always accurate. It is suggested that the rules be changed to use the date of the City's P -39 form, the date the individual is placed in a firefighter position. Mr. Winney then discussed the issue of tiebreakers for promotional examination grades. It has been suggested that the entrance, or civil service, exam score should be used as a tiebreaker following time in rank. After that, the next tiebreaker would be seniority in the Fire Department, using the Department's seniority list. This would eliminate the need to proceed any further with tiebreakers. Chief Weske added that the current list of tiebreakers even includes a coin toss to determine someone's future in the Department. Mr. Winney next discussed the language to be added regarding the use of the BPAD by the Fire Department. Since it is not presently used, language such as "if required by the Fire Chief" will save the ability for its future use. Chairman Monaghan asked Chief Foster if any proposed language on these items was available. Chief Foster replied that he did furnish information several meetings ago that included these proposed changes. He assumed the amendments would be ready for approval, going by the agenda of today's meeting. Mr. Winney noted the two items prepared for approval by the Commission were those approved at the last meeting. Ms. Vasquez opined that the only way to adopt any amendments is to have a document prepared for the Commissioners to approve, so that the amendments can then be posted. Chief Foster asked about the possibility of all amendments being made at one time. They could be incorporated into the rules, and the entire rules document be posted. He believes this would save some time for the Commissioners. Ms. Merrill suggested that, while the Commission and staff met in executive session, she prepare draft language for the Commission's consideration. The Minutes of the Civil Service Commission Meeting June 1, 2007 10 Commission agreed, and she was requested to draft amendments concerning the BPAD and tiebreaker options. 7. Briefing By City Attorney Regarding Potential Litigation, As Authorized By Section 551.071 Of The TEXAS GOVERNMENT CODE The Commission met in executive session from 2:41 until 3:04. Chairman Monaghan noted that the Commission was presented information by the City Attorney and the Civil Service Director, but made no decisions. Ms. Merrill returned with the proposed rule amendment postings. As the Commission had not yet voted to approve placing the interview with the Chief last in the order of entry level application and examination process for fire applicants, Ms. Vasquez suggested that the narrative explanation be expanded to include this additional change. With that amendment, the Commission approved the amendment postings.3 8. Adjourn Commissioner Dover moved, seconded by Commissioner Thornton, that the meeting be adjourned. The motion carried, and the meeting adjourned at 3:15 p.m. -� �11- Bob Monaghan, Chairm Dr. Ernest Dover, Commissi er i� ..ACommissioner 3 Section 143.023, Eligibility for Beginning Position, Subsection (4)(k); Section 143.033, Promotional Examination Grades, Subsection (2), and Section 143.024, Entrance Examination Notice, Subsection (2)3).