Civil Service Commission Minutes - 12/23/2013MINUTES OF THE FIREFIGHTERS AND POLICE OFFICERS'
CIVIL SERVICE COMMISSION
December 23, 2013
Present:
Penny Miller, Chair
Carol DuBray
Jim Heiman
Christi Klyn, Civil Service Director
Peter Scott, Assistant City Attorney
Earl Foster, Fire Chief
Lynn Holzer, Battalion Chief
James Gowen, FEO
Keith Tressler, FEO
Terry Hillard, FEO
William Lindeman, FEO
1. CALL TO ORDER
i
Commission Members
City Staff
WFFD members
The meeting was called to order at 2:00 p.m. by Commissioner Miller.
2. APPROVAL OF MINUTES (DECEMBER 19, 2013)
Carol DuBray moved, seconded by Jim Heiman, that the minutes be approved. The motion
carried.
3. REVIEW APPEALS OF PROMOTIONAL EXAMS
FIRE LIEUTENANT (EXAM ADMINISTERED DECEMBER 9, 2013)
QUESTION 27. Effective use of audiovisual training aids allows instructors to perform all of
the following actions EXCEPT: (a) satisfy many learning styles; (b) tailor instruction to individual
needs; (c) increase learning retention; (d) design lesson plans to deliver messages through all
three of those senses.
"C" is the answer key's correct response. William Lindeman argued that "increase
learning retention" is a possible answer, and cited portions of the text that referred to learning
retention.
Commissioner Heiman stated it is an "except" question, and the source material is
verbatim on all answers except answer "C." He believes it is a valid question and answer as
written. Commission DuBray agreed. Commissioner Miller stated it has been the Commission's
Civil Service Commission Minutes December 23, 2013 2
past practice of upholding the answer key if the answer is verbatim from the source material,
although she can understand how one could infer from the text that "C" would not be
excepted. Commissioner DuBray moved that the answer key be upheld for Question 27.
Seconded by Commissioner Heiman, the motion carried.
QUESTION 46. The self- sustained chemical reaction and the related rapid growth are
factors which separate the flaming combustion from slower oxidation reactions? (a) the dual
action thermal reaction, (b) thermal growth and oxidation; (c) the codependent metical and
chemical reactions; (d) the self sustained chemical reaction and the related growth are factors.
"D" is the answer key's correct response. The Appellant (who did not attend the
meeting) argued this is a terrible question, as putting a question mark at the end of a statement
does not make it a question. He believes the question should be deleted from the exam.
Commissioner DuBray agreed with the appellant, and moved that Question 46 be
deleted from the examination. Seconded by Commissioner Heiman, the motion carried.
QUESTION 59. All of the following are hazards associated with cryogenic liquids EXCEPT:
(a) highly explosive; (b) high liquid -to -vapor ration; (c) extremely low temperature; (d) inherent
hazard of this particular gas which may be intensified when it is in liquid form.
"A" is the answer key's correct response. James Gowen agreed that the answer is
verbatim from the text, but the source material references the explosive characteristics of
cryogenic liquids and gases. He wants all answers to be accepted as correct. Keith Tressler
argued that the answer is verbatim in the text. Certain cryogenic liquids /gases may be
explosive, but not all of them. The other three possible answers apply to all cryogenics.
Commission DuBray opined that the material is very clear and moved to uphold
Question 59. Commissioner Heiman seconded the motion, which carried.
QUESTION 96. During an investigation that involves alleged criminal violations, the
accused member will be given the: (a) Miranda Rights; (b) Terrell Warning; (c) Rules of
Procedures Rights; (d) Garrity Warning.
James Gowen said Miranda rights, rather than the Garrity warning, are given during a
criminal procedure. The Garrity warning is given during administrative procedures only.
Commissioner DuBray asked if the Miranda warning would be given in criminal
violations. Chief Foster said the Fire Department can conduct disciplinary investigations from an
administrative standpoint. The Department has no right to file charges of a criminal nature. The
Garrity warning tells the person under investigation that any incriminating testimony given
during the disciplinary investigation cannot be used against him in a criminal investigation.
Keith Tressler said there is never any mention of a Miranda warning, and the
Department is not looking at investigations from a law enforcement viewpoint.
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Civil Service Commission Minutes December 23, 2013 3
Commissioner DuBray agreed with the Appellant, and believed the question was
misleading. She moved that Question 96 be deleted from the examination. Seconded by
Commissioner Heiman, the motion carried.
4. ADJOURN
The meeting adjourned at 2:20 p.m.
Penny Miller, Chairman
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DOCUMENTS OF RECORD RETENTION INFO,
5/2/14
DEPARTMENT
TYPE OF DOCUMENT
RETENTION
SCHEDULE NO.
RETENTION
PERIOD
LEGAL
2013.12.23 CSC minutes
1000 -03
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