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Civil Service Commission Minutes - 02/25/2013MINUTES OF THE FIREFIGHTERS AND POLICE OFFICERS' CIVIL SERVICE COMMISSION February 25, 2013 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 R. W. Smith, Deputy Police Chief Julia Vasquez, First Assistant City Attorney Rosemary Nauman, Human Resources Generalist Linda Merrill, Recording Secretary Eric Russell, Captain Karl Lillie, Lieutenant David Ferguson, Sergeant Ginger Gilmore, Sergeant Jerad Miller, Sergeant John Spragins, Sergeant Scott Vaughn, Sergeant 1. CALL TO ORDER Commission Members City Staff €,ECEIV Er) !N CITY � OFFICE (DATE: Wichita Falls Police Department The meeting was called to order at 10:00 a.m. by Commissioner Penny Miller. 2. APPROVAL OF MINUTES (NOVEMBER 28, 2012) Carol DuBray moved, seconded by Jim Heiman, that the minutes of November 28, 2012 be approved. The motion carried. 3. REVIEW APPEALS OF PROMOTIONAL EXAMINATION FOR POLICE LIEUTENANT Question 3. Which of the following statements is most accurate regarding gangs? (A) From 2005 to 2008 there was a 200,000 person increase in gang membership; (B) Gang membership decreased over 1000,000 (sic) over the past five years; (C) Gang membership is becoming more diverse often with members from middle class families; (D) Gang members are often from high socioeconomic groups. 'Civil Service Commission Minutes February 25, 2013 2 "A" is the answer key's correct response. David Ferguson argued that answer "C" should also be accepted as correct. Gangs are moving into suburbs and rural communities, resulting in an increased in membership from middle class families. Commissioner DuBray said the test question is verbatim from the source material. She moved that the appeal be denied and the answer key be upheld for Question 3. Seconded by Commissioner Heiman, the motion carried. Question 4. In a 2006 study, it was reported that percent of local jail inmates were identified to have a mental health condition. (A) 29; (B) 42; (C) 56, (D) 64. Answer "D" is the answer key's correct response. Ginger Gilmore said there are 24 percentages and ratios in one section of the source material regarding mentally ill persons in the justice system. She does not believe it is realistic to expect the examinees to memorize all of those percentages out of over 1,200 pages of study material. The idea should be to learn the principles of leadership and supervision. Knowing that particular percentage is not relevant to duties of a lieutenant. David Ferguson said the question is verbatim from the reference material. There is a lot to study, and some information may not be relevant to the duties of a lieutenant. Questions should not be omitted from the test unless they are incorrect. Commissioner Heiman said the test question and response are verbatim from the source material, although he agreed there were a lot of percentages. He moved that the appeal be denied and the answer key be upheld for Question 4. Seconded by Commissioner DuBray, the motion carried. Question 9. Which of the following is encouraged by stereotyping, which is a shorthand way of thinking about people who are different? (A) Bias; (B) Ethnocentrism; (C) Belittling; (D) Prejudice. Answer "D" is the answer key's correct response. Ginger Gilmore admitted that the question is verbatim from the source material, but it is awkwardly written. Her larger concern involves answer "A," bias. The definition of bias in the same source material encompasses stereotypes and prejudice. A Google search for the definitions of prejudice and bias reveal that the words are synonymous. She believes both answers "A" and "D" should be accepted as correct. Commissioner Heiman agreed that while they are synonymous, the test question is verbatim from the source material. Tammy Guerra reminded the Commission that it has the authority to accept more than one correct answer, which does not discount the correct response. Commissioner Heiman moved that answers "A" and "D" be accepted as correct. Seconded by Commissioner DuBray, the motion carried. H:\_legalTersonnel \Civil Service Commission\Minutes\2013\2013 .2.25 \CSC.Minutes.2.25.13.doc Civil Service Commission Minutes February 25, 2013 3 Question 19. The real questions associated with any type of law enforcement profiling or the development of profiles involves all of the following EXCEPT: (A) Who is interpreting the profile? (B) Who is doing the profile construction and on what basis? (C) How in -depth is the profiling? (D) Is the offer who is using profiling doing so legally? "C" is the answer key's correct response. Ginger Gilmore said one of the learning objectives of the chapter is to differentiate between racial profiling and the legitimate use of profiling. On page 390, the term `profiling' is defined as any police- initiated action that uses a compilation of background, physical, behavioral, and/or motivational characteristics. That definition concerns any type of profiling, not simply racial profiling. She believes "C" is actually an included question associated with profiling, and therefore should not be the answer for this "except" question. In -depth profiling is the very thing that differentiates between a legitimate profile and illegal racial profiling. Chairman Miller stated she understands the appeal, but is unsure what outcome is being requested. Ms. Gilmore said she is not sure how to rectify it, since it is an except -type question. Ms. Guerra said the Commission could choose to accept all answers as correct, or omit the question, which is probably the better alternative. Commissioner DuBray said she is stuck on the fact that the question is verbatim from the test. Commissioner Heiman agreed that it may be confusing, but it is verbatim. Commissioner DuBray moved that the appeal be denied and the answer key be upheld for Question 19. Seconded by Commissioner Heiman, the motion carried. Question 34. Leadership fitness can be thought of as having all of the following dimensions EXCEPT: (A) Physical, (B) Intellectual; (C) Emotional, (D) Didactic. "B" is the answer key's correct response. All the examinees chose "D" as the correct response. John Spragins said the answer key is wrong, and asked that "D" be accepted as the correct response. Commissioner DuBray moved that "D" be accepted as the correct response for Question 34. Seconded by Commissioner Heiman, the motion carried. Question 55. is a common reaction to failure. (A) Frustration; (B) Regression; (C) Rationalization; (D) Fixation. "C" is the answer key's correct response. David Ferguson said the test does not ask for the best answer. Regression, rationalization and fixation are all common reactions to frustration. Answer "A ", frustration, should be accepted since it causes the other three possible answers. Commissioner DuBray said the source material referenced by Sergeant Ferguson pertains to common reactions to frustration, rather than failure. She moved that the appeal be denied and the answer key be upheld for Question 55. Seconded by Commissioner Heiman, the motion carried. HA legalTersonnel \Civil Service Commission\Minutes\2013\2013 .2.25 \CSC.Minutes.2.25.13.doc 'Civil Service Commission Minutes February 25, 2013 4 Question 63. The fundamental satisfaction that the individual strives to fulfill include all of the following EXCEPT: (A) Affection, acceptance, and security; (B) An opportunity for independence, (C) Recognition as a personality; (D) Personal financial success. "D" is the answer key's correct response. Jared Miller said all four answers are correct. The question is not verbatim from the source material. The question attempts to preclude personal financial success from being a component of satisfaction, but there are numerous examples in the text that financial security, salary increases, and merit pay affect an individual's satisfaction. He believes the question should be thrown out. Ms. Guerra told the Commission that this is a bad question and should have been caught. Commissioner DuBray moved that all answers to Question 63 should be accepted as correct. Chairman Miller said she would prefer that the question be thrown out. Commissioner Heiman agreed, and moved to eliminate Question 63 from the test. Seconded by Commissioner DuBray, the motion carried. Question 74. A large share of dissatisfaction and negative feelings of employees are due to: (A) Low salaries; (B) Poor benefits; (C) Physical work environmental; (D) Poor supervisory practices. "D" is the answer key's correct response. Ginger Gilmore said the correct answer is verbatim on page 177. However, on page 176, physical factors are noted to give rise to a large portion of employee dissatisfaction. Within the chapter, the sections dealing with working environment and inept supervisory practices carry the same weight. In addition, Question 69 of the test concerning employee dissatisfaction arising from many factors includes working environment and inept supervisors as two of its correct responses. She asks that both answers "C" and "D" be accepted as correct. David Ferguson countered that the question is verbatim from the source material. Commissioner DuBray moved that both answers "C" and "D" be accepted as correct for Question 74. Seconded by Commissioner Heiman, the motion carried. Question 87. If an eligibility list does not exist on the date a vacancy (promotional) occurs or a new position is created, the commission shall hold an examination (promotional) to create a new eligibility list within days after the date the vacancy occurs or a new position is created. (A) 30; (B) 60, (C) 90; (D) 120. [ "C" is the correct response.] David Ferguson argued that the word "promotional" was added twice to this test question, but is not used in the subsection referenced in the source material. He claims it is confusing, and the question should be eliminated. Julia Vasquez said that while the test question may not be verbatim, a promotional test is the only kind of test to which those time periods refer. Sgt. Ferguson countered that Chapter 143 also addresses entrance tests for fire and police, and they have deadlines for posting. Ms. Guerra said Chapter 143 gives guidance to post examination notices. As Civil Service Director, she is H:\_legalTersonnel \Civil Service Commission\Minutes\2013\2013 .2.25 \CSC.Minutes.2.25.13.doc Civil Service Commission Minutes February 25, 2013 5 held to deadlines for filling vacancies, and that is to what this section refers. She is not required to hold entrance examinations within a certain deadline. Commissioner DuBray moved that the appeal be denied and the answer key be upheld for Question 87. Seconded by Commissioner Heiman, the motion carried. 5. REPORT FROM FIRE CHIEF Fire Chief Earl Foster thanked the Commissioners for their service. The Fire Department currently has 12 vacancies. A Fire Academy will begin on March 11 with 10 people. 6. REPORT FROM POLICE CHIEF Police Chief Manuel Borrego said a Police Academy began January 28 with 11 people. That should bring the Department's vacancies down to three. Brad Hardin recently promoted to Captain (from an examination for which there were no appeals). Commissioner Heiman asked if the Code Red system was used for the past weekend's gas leak. Chief Foster said it was used in the initial notification, and to notify residents when the area was cleared for their return. It worked pretty well. 7. ADJOURN The meeting adjourned at 10:49 p.m. Penny Miller, Chairman H:\ legalTersonnel\Civil Service Commission\Minutes\2013\2013 .2.25 \CSC.Minutes.2.25.13.doc