Civil Service Commission Minutes - 11/28/2012,
MINUTES OF THE FIREFIGHTERS AND POLICE OFFICERS'
CIVIL SERVICE COMMISSION
November 28, 2012
Present:
Penny Miller, Chair
Carol DuBray
Jim Heiman
Tammy Guerra, Civil Service Director
Manuel Borrego, Police Chief
Earl Foster, Fire Chief
Laura Drury, Deputy Police Chief
Richard Smith, Police Captain
Jon Reese, Assistant Fire Chief
Julia Vasquez, First Assistant City Attorney
Rosemary Nauman, Human Resources Generalist
Linda Merrill, Recording Secretary
Craig Berend
Rusty Downs
Joe Raub
Tracey Petersen
Nick Hillner
Brent Womack
Robert Whiteley
1. CALL TO ORDER
Commission Members
City Staff
Wichita Falls Fire Department
The meeting was called to order at 3:00 p.m. by Commissioner Penny Miller.
2. APPROVAL OF MINUTES (AUGUST 24, 2012)
Carol DuBray moved, seconded by Jim Heiman, that the minutes of July 19, 2012 be
approved. The motion carried.
3. REVIEW APPEALS OF PROMOTIONAL EXAMINATION FOR FIRE CAPTAIN
Commissioner Miller stated the purpose of today's meeting was to review appeals of
various questions on the promotional examination for Fire Captain. The first appeal called for
three questions to be removed from the test.
Rusty Downs said he appealed regarding three questions (67, 76 and 80). The copy of the
manual held by Tammy Guerra and the test provider was revised in 2006. The Fire Stations'
copies were revised (in one section) in 2010. The answer for one of the questions can be found in
both sets of study material, but the answers for the other two cannot be found. Ms. Guerra said it
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is true that the study material in the field is different. The Civil Service rules require that the
source material be posted and readily accessible. While she agreed that one of the question's
answers could not be found in both sets of material, there is an argument to be made that the
answer to one of those contested questions could be found through deductive reasoning.
Commissioner DuBray moved to eliminate questions 76 and 80 from the test, as the
source material was not readily available. Seconded by Commissioner Heiman, the motion
carried.
Question 67. Staging will not be implemented on a: (A) Two -alarm incident; (B) One -
alarm incident, (C) Three -alarm incident, (D) Drive -off incident.
Tracey Petersen urged the Commission to accept both A and D as correct answers.
"Drive off incident" is nothing written in any manual, and it is not something done by the Fire
Department.
Craig Berend argued that the answer is verbatim from the book, and only that one answer
should be accepted.
Commissioner Heiman stated it is clear there is only one correct answer, and moved
to uphold the answer key. Seconded by Commissioner DuBray, the motion carried.
Question 36. The effective management of operational risk is the function of the: (A)
Fire Chief, (B) Safety Officer; (C) Driver/Engineer; (D) Incident Commander.
Craig Berend appealed this question to argue the Commission accept two answers as
correct; the reference material indicates the responsibility is shared between the safety officer
and the incident commander.
Tammy Guerra said if the verbatim argument is accepted by the Commission for one
answer, that argument should be applied to the entire test.
Joe Raub argued that incident commander is the correct answer. Operational Risk is
shared with the safety officer, but it is the function of the incident commander. The answer key
should be upheld.
Commissioner DuBray moved to uphold the answer key. Seconded by
Commissioner Heiman, the motion carried.
Question 45. The health and safety officer must take a proactive approach to: (A)
Discipline; (B) Behavior modification of unsafe work techniques; (C) Correcting unsafe acts;
(D) Safety hypnosis.
Joe Raub argued that the proactive approach is the goal of the entire manual, and gave
several examples throughout the text to bolster his argument.
Craig Berend stated the correct answer is verbatim from the source material. Any answer
could be justified, but if the answer is verbatim in the study material, the integrity of the test
must be protected. Otherwise, the Commission would be inviting an unbelievable number of
future appeals.
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Civil Service Commission Minutes November 28, 2012 3
Ms. Guerra agreed that verbatim has been the standard, but believes Mr. Raub's argument
was rational and logical. Commissioner DuBray appreciated his effort, but believes the verbatim
standard must be upheld. She moved to uphold the answer key. Seconded by Commissioner
Heiman, the motion carried.
Question 70. The Fire Department is solely responsible for all the following activities
when responding to potential biologic package threats EXCEPT. (A) Search for potential
agents; (B) Location of potential agents; (C) Containment of potential agents; (D)
Establishing a safe perimeter around the incident.
Tracey Peterson urged the Commission toss out this question. Answer C was keyed as
correct; however, the Fire Department is responsible for containment. Commissioner Heiman
opined that the word "solely" is the key to the question; the source material notes that the Fire
Department assists the Police Department at times, so that it becomes a joint effort. That would
make C the only correct answer. He moved to uphold the answer key. Seconded by
Commissioner DuBray, the motion carried.
5. REPORT FROM FIRE CHIEF
Fire Chief Earl Foster thanked the Commissioners for their service. The Fire Department
has 15 vacancies, with one or two more expected in the next few months. They have made offers
to 16 individuals. On November 19, the Fire Administration, City Administration, and the
Firefighters' Association met and came to an agreement under Meet and Confer. The purpose of
the agreement was to craft a way to streamline the hiring process. The current civil service
process continues, but once the job offers are made, those already certified as firefighters get a
start date that precedes that of those who are not certified. This will help to fill vacancies
quicker. There will be a committee review of the process after each process, and this agreement
ends after three rounds of hiring, unless all involved parties desire it to continue.
6. REPORT FROM POLICE CHIEF
Police Chief Manuel Borrego said the Department has 12 vacancies, and he expects one
more by the end of the month. Twenty -four applicants are still in the process from the last
Academy; they are in the process of background investigations at present. The next Academy is
due to start at the end of February or early March. The Department used Ergometrics (rather than
the B -PAD) in the last Academy; it provided a better opportunity to look at each candidate.
7. ADJOURN
The meeting adjourned at 3:35 p.m.
Penny Miller, Chairman
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