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Civil Service Commission Minutes - 06/27/2008MINUTES OF THE FIREFIGHTERS AND POLICE OFFICERS' CIVIL SERVICE COMMISSION June 27, 2008 Bob Monaghan, Chairman § Commission Members Dr. Ernest Dover § Dr. Floyd Thornton § Julia Vasquez, First Assistant City Attorney § Dennis Bachman, Police Chief § Earl Foster, Fire Chief § City Staff Tammy Guerra, Civil Service Director § Linda Merrill, Recording Secretary § John Spragins § Sean Sullivan § Appellants Richard Cullar § James Jackson § Attendee 1. Call to Order. Chairman Bob Monaghan called the meeting to order at 10:00 a.m. 2. Approval of Minutes (April 24, 2008) Commissioner Thornton moved, seconded by Chairman Monaghan, that the minutes of the meeting of April 24, 2008 be approved. The motion carried. 3. Appeals to Police Sergeant Promotional Examination, Pursuant to Chapter 143.034 of the TExAs GOVERNMENT CODE Chairman Monaghan said there were a number of questions being appealed. Until receipt of the agenda today, none of the Commission members knew the identity of the appellants. The Commission's responsibility is not to interpret the question, but to look at the source material, the test questions and answers, and make a determination. From that basis, the Commission has three options: 1) sustain the answer key (test scores remain as recorded); 2) overrule the answer key, in which case the Commission shall designate another answer(s) as acceptable and rescore the tests; or 3) eliminate the test question and have the tests rescored. 2 Question 5. Officer Sean Sullivan appealed this question. He asserts that the question is not written in the same legal language as used in the PENAL CODE; it is a difficult question to understand. He referred the Commission to PENAL CODE Section 205, and stated that the question does not establish the context of presumption — whether it is referring to presumption from the side of the prosecution, or from the side of the defense. The test taker is forced to make that assumption. Chairman Monaghan asked for comments. Tammy Guerra said his objection is probably on target. Julia Vasquez acknowledged that although the answer is copied verbatim from the source material regarding presumption from the side of the defense, it is confusing to the test taker. Presumption on the side of the prosecution presumes facts exist, and presumption on the side of the defense presumes reasonable doubt as to the existence of facts. Chief Bachman agreed; the question should have specked whether presumption referred to the prosecution or defense in order to allow the test takers to determine the correct answer. Commission Thomton said the Commission should grant two acceptable answers to this question. Chairman Monaghan said the Commission could either grant two answers, or eliminate the question. Ms. Vasquez allowed there could be two answers to this question. She asked Officer Sullivan what relief he requested in his appeal. Officer Sullivan replied that he requested an overruling of the answer. He thought the correct answer was (b); he should have said the correct answer could be (a) or (b). Ms. Vasquez said the Commission could either grant two answers, or eliminate the question. Chairman Monaghan moved that both (a) and (b) be deemed acceptable answers. Seconded by Commissioner Thomton, the motion carried. Question 11. John Spragins appealed this question. He noted that the Texas Criminal and Traffic Law Manual includes several sections of law, and provided copies of definitions of "custody" from two or three of those sections. He believes the question should be eliminated because it did not specify the definition of custody in Chapter 3801. Chairman Monaghan noted his paperwork referenced Chapter 3601; Officer Spragins acknowledged that both chapters read the same. However, the question could have been referring to custody as it relates to the FAMILY CODE, THE PENAL CODE, or the CODE OF CRIMINAL PROCEDURE, as examples. Officer Spragins asserted the question does not provide sufficiently specific information. While the definition came verbatim from the source material, it does not mean it is a true and correct question. Police officers have to work with many other references in order to determine the appropriate laws for each situation. Ms. Guerra asked if Officer Spragins was suggesting that both (a) and (b) could be correct answers. Officer Spragins replied that he chose (a) as his answer, and he believes, in theory, it could be the correct answer. Ms. Guerra asked if that answer is from the PENAL CODE, while Ms. Vasquez asked if it is a verbatim response. Officer Spragins replied that it is not, but in theory and by law, it could be correct. As an officer, he can have a citizen lawfully restrain or arrest someone at his direction, and take them into custody. He therefore believes (a) could be considered as a correct answer, due to the generality of the question. Chief Bachman questioned whether officers should be required to know a definition of custody came out of Section 3601(a)(b), or simply the definition of custody. Emphasis should not be placed upon memorization of the source material, but rather on an understanding of the law. Chairman Monaghan asked if the test question had specifically referred to the definition of custody as found in PENAL CODE Section 36.011(a)(b), would most, if not all, of the test takers chosen the correct answer? Chief Bachman replied that when he was taking these tests, the officers were required to know the particular sections. He asked Ms. Guerra if the specific section was referenced. She replied that the source material was referenced, but not the speck section. Chief Bachman said he and his fellow officers were provided information as to the specific section, and were expected to memorize those sections, and make sure they had the right definition for a particular section. He believes that is more than what should be asked of the officers. Commissioner Thornton expressed his opinion that, as with the previous question, there are two acceptable answers. Chairman Monaghan wondered if all of the answers are legitimate; if not, the question could be eliminated. Ms. Vasquez replied that not all answers fit the definition of custody; (c) is definitely out as far as a legal response to the question. She advised that the question could be eliminated. Chairman Monaghan moved that the question be eliminated and the test rescored. Seconded by Commissioner Thornton, themotion carried. (Commissioner Dover entered the meeting at 10:22 a.m.) Question 42. Officer Sean Sullivan appealed this question. He opined that this question does not establish the context of the paragraph. In addition, it is not verbatim — the sentence is reversed on the test as compared to the source material. Officer Sullivan referred the Commission to page 42 of Supervision of Police Personnel. He believes the correct answer is (b). The definition of "their" is unclear, as are what "methods" were being discussed. The context of the entire paragraph concerns the personality of a leader; the personal traits of successful leaders should be observed and studied by the supervisor in refining his techniques. Chairman Monaghan asked for comments. Chief Bachman did not see a problem with the test question. Chairman Monaghan observed that Officer Sullivan's point is well taken. He acknowledged that the second half of the sentence has been moved to the beginning, while the first half of the sentence was moved to the end. Other than that, it is still in context. He moved that the question and answer stand as stated. Seconded by Commissioner Dover, the motion unanimously carried. 4 Question 64. John Spragins appealed this question. He believes there is more than one correct answer to this question on effective supervisory practices. Officer Spragins again discussed whether it is the goal for officers to memorize word - for -word the source material, or to pick up the theory and apply it in the field. The question is verbatim from the source, but he feels the answer is gleaned from reading the entire chapter. He believes the chapter is trying to enforce the notion that annual evaluations are not good; there should be a continual evaluation system in place. He knows that a word- for -word answer would have to be considered correct. However, the chapter is discussing evaluations and the theories behind them as they should be taught and applied to the police department. Ms. Guerra said it is more fair to say that the point of the chapter is that doing only annual evaluations is not effective, but they should be part of performance management. It is not that they should not be done, but they should not be the only marker of performance. Chairman Monaghan said all the answers could apply. The source material very clearly states that regularly scheduled evaluations, usually annual evaluations, help to ensure that reviews do in fact occur. He asked Chief Bachman for his opinion. Chief Bachman said he has not read the book in quite some time. There could be other acceptable answers. But if there are no other answers that fit, he would go with this. The difficulty is that there may very well be another answer that is acceptable. Commissioner Dover declared the problem is the key is not consolidating with what is in the book itself. Something needs to be done that makes the key on point with the source material. Officer Spragins agreed, because there is more than one correct answer. He did acknowledge the correct answer is verbatim, but added that there is more than one answer that is correct. The goal is that the officers team from the books, not to simply read and memorize simply to correctly answer a test question. He tries to pull information from the material as a whole. He recalled the book portraying annual evaluations in a negative light. They are not a good practice in the sense that they should be more often. There could be at least two acceptable answers, or perhaps they all apply; he just does not think it is a good question. Commissioner Dover asked if the answer key accompanies the book. Ms. Guerra replied that it does not. Ms. Vasquez explained that this is a multiple- choice test. The problem with civil service is that if it is not verbatim, then if appealed, the question is automatically struck. The test taker sometimes has to simply pick the best answer out of the choices. Sometimes the officers are being tested on their memorization skills due to the inherent nature of these types of tests. She does not know how else to create test questions that would pass muster under the civil service rules, and yet also capture the true essence of a topic. Officer Spragins stated that he has taken several sergeant promotional examinations, and feels this is probably the best one he's even taken, although it was hard. It is possible to make fair test questions that meet those standards, but thought this one overstepped those bounds. Ms. Vasquez declared that her comment was not a legal determination on the validity of his appeal. Chief Bachman agreed with Ms. Vasquez; under civil service laws, there is no choice but to go with the verbatim response. Commissioner Thomton stated that without even looking at the source material, he believed (d) is the summation and most correct answer. He moved to sustain the question. Seconded by Commissioner Dover, the motion unanimously carried. Question 76. Officer Rick Cullar appealed this question. He stated that although answer (c) is not in the source material, it can be deduced from all the other answers. The question is taken verbatim, but the answer had to be made up, as the question asks for an exception. The answer is covering up the crime. The heading of the chapter is Cover -Up Attempts. Answers (a), (b) and (d) are all efforts to cover up a crime. Chairman Monaghan observed that this question is not a verbatim situation, as the answer is arrived at by omission. Ms. Vasquez agreed. She also noted that the heading to this chapter deals with cover -ups. From a reading of the question, the test writer sought to make one answer to the exclusion of all the others, yet included as that answer what basically defines what the other answers are. The problem is that the answer picked is the whole discussion of the chapter. Chief Bachman stated it may not be a good question, but he broke it down by looking at the word "methods." Answer (c) is not a method, but (a), (b) and (d) are methods. Commissioner Dover moved to sustain the question and answer. Seconded by Commissioner Thornton, the motion carried. Chairman Monaghan wished it be noted for the record that he was opposed to sustaining the question and answer. Question 82. Officer Sean Sullivan appealed this question on the ground that it is not grammatically correct; the word "procedures" should have been singular, "procedure.° He acknowledged that the question was taken verbatim from the Departmental General Order, which also contains the grammatical error. He did not feel a police officer taking a promotional examination should have to choose an answer that is not grammatically correct. He asked that the question be eliminated. G Chairman Monaghan asked Officer Sullivan if the context of the answer would be changed answer had it been grammatically correct. Officer Sullivan replied that he wanted to give (c) as his answer, but ruled it out due to the grammatical error. Commissioner Thornton asked Officer Sullivan what his option would be if he were a female answering this question, as it includes the phrase "in performance of his duties," rather than "his/her" duties. Officer Sullivan replied that he could not answer that question, as he is not a female. Chief Bachman interjected that at the beginning of the General Orders, it is noted that references to gender, whether specified or not, include both male and female persons. Chairman Monaghan moved that the question and answer be sustained. Commissioner Thornton seconded the motion, which unanimously carried. 4. Report from Police Chief Chief Bachman reported that the department would have at least one retirement by the end of July. The department has seven vacancies, and is in the process of recruiting candidates for a new Academy. The new recruits are working out very well. 5. Report from Fire Chief Chief Earl Foster reported five vacancies at the Fire Department. He is working with Ms. Guerra to post an entrance examination for a Fire Academy. The testing day is slated for September 27, with the Academy to begin around the first of the year. A promotional examination to Fire Equipment Operator (FEO) is being conducted; once the eligibility roster becomes official, there will be two immediate promotions to FEO. Chairman Monaghan asked the status of filling the position in the Fire Marshal division. Chief Foster replied there is one candidate remaining in the process. He is awaiting his background packet. 6. Adjourn Commissioner Dover moved, seconded by Commissioner Thornton, that the Dr. Floyd Thornton, Commissioner