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Civil Service Commission Minutes - 01/26/2016MINUTES OF THE FIRE FIGHTERS AND POLICE OFFICERS' CIVIL SERVICE COMMISSION January 26, 2016 Present: Penny Miller, Chair Laura Fidelie Jim Heiman Christi Klyn, Civil Service Director Julia Vasquez, First Assistant City Attorney Manuel Borrego , Police Chief Guy Gilmore , Deputy Police Chief R. W. Smith, Deputy Police Chief Donald Hughes, Assistant Fire Chief Karl Lillie , Captain, WFPD Kevin Folmar, Sergeant, WFPD Jason Leavelle, Officer, WFPD Jonathan Lindsey , Officer, WFPD Deanna Tofte , Officer, WFPD Alissa Penney, HR Generalist Linda Merrill , Recording Secretary 1. Call to Order § § § § § § § § § § § § § § § § Commission Members City Attendees Commissioner Miller called the meeting to order at 9 :02 a .m . 2. Approval of Minutes Commissioner Heiman moved for approval of the September 2, 2015 minutes. Seconded by Commissioner Fidelie, the motion unanimously carried. 3. Review Appeals of the January 14,2016 Police Sergeant Promotional Exam Question 8, Source page 2, Answer Key C Neatly trimmed mustaches will be permitted . Mustaches will extend no further than ________ on either side of the mouth and no lower than Mustaches will not extend below the top of the upper lip . Handlebar mustaches are not permitted . A. One-quarter inch ; one-quarter inch below the corner of the mouth . B. The outermost point of the lips; one-half inch below the corner of the mouth. C. One·half inch; the corner of the mouth. D. One inch; the corner of the mouth . Appealed by Deanna Tofte. Officer Tofte said the Manual of Written Directives is for uniformed and plainclothes officers , and civilians. The rules for facial hair vary within the Civil Service Commission Minutes January 26, 2016 2 Department, depending upon the supervisor. This question does not designate to whom it refers. Commissioner Heiman said the description of the mustache narrowed the scope of the question. Officer Tofte disagreed, noting there are different rules in almost every department. Commissioner Miller noted the appeal asks that more than one answer be accepted. The Commission can (1) grant the appeal , (2) uphold the answer key , or (3) throw out the question. Commissioner Fidelie moved to uphold the answer key. Seconded by Commissioner Heiman, the motion carried. Question 14, Source page 1144, Answer Key B According to the Transportation Code, except when travel conditions require the downshifting or use of lower gears to maintain reasonable momentum, a person commits an offense if the person operates , or as an owner knowingly permits another person to operate, a vehicle that emits (1) visible smoke for ____ seconds or longer; or (2) visible smoke that remains suspended in the air for ____ _ seconds or longer before fully dissipating . A. 60 ; 60 B. 10; 10 C. 30 ; 60 D. 20 ; 20 Appealed by Deanna Tofte . Officer Tofte appealed this question because it does not indicate the model year of the vehicle . Prior to 1967 , there were no emissions. Commissioner Fidelie asked ifthere were a significant number of vehicles manufactured prior to 1967. Officer Tofte said she sees them all the time. Commissioner Heiman was concerned that so many examinees gave "C" as the answer; he agreed the question does not state the year of the vehicle. Commissioner Fidelie moved to uphold the answer key, noting that it would be unlikely that the assumption would be that the vehicle would have been manufactured prior to 1967. Seconded by Commissioner Heiman, the motion carried. Question 17, Source page 85, Answer Key A According to the Penal Code, a person commits an offense if he forges a writing with intent to defraud or harm another. An offense under this section is a if the writing is or purports to be a will , codicil , deed, deed of trust , mortgage , security instrument , security agreement, credit card , check , authorization to debit an account at a financial institution, or similar sight order for payment of money , contract , release , or other commercial instrument. A. State jail felony B. Felony of the third degree C. Class A misdemeanor D. Capital felony Appealed by Deanna Tofte. Officer Tofte said the question does not indicate the age of the victim. If the victim is 65 years of age or older, the offense is a third degree felony. She believes both "A" and "B" are correct answers. Jonathan Lindsey moved to uphold the answer key. Had that question been about a crime against the elderly , it would have been written as such. N :\'..Jegal\Personnel\Civil Service Comm ission \Min utes\2016\CSC. M in utes. 2016.1.26.doc Civil Service Commission Minutes January 26 , 2016 3 Commissioner Heiman said it is nearly verbatim from the source material, and he moved to uphold the answer key. Seconded by Commissioner Fidelie, the motion carried. Question 44, Source page 75, Answer Key B The advantage of using the same structure for both electronic and paper filing is _______ _ A. It reduces the use of paper, saving valuable file space. B. You only have to learn one system. C. In your absence, subordinates will know your system. D. Both A and B are correct answers . Appealed by Jason Leavelle. Officer Leavelle believes that "A" and "B" are both correct answers. The text discusses electronic and paper filing and declares it is necessary to only learn one system. It also states that a paper copy is unnecessary if it has been saved electronically. Commissioner Heiman said that since the question starts with "the " advantage , the test- taker should know there is only one correct answer. In addition , this is taken verbatim from the text. Commissioner Fidelie opined that answer "D" leads the test-taker to believe that there could be multiple correct answers. Commissioner Miller agreed that it does lead to confusion. Commissioner Fidelie moved that answers "A," "B," and "D" be accepted as correct for Question 44. Seconded by Commissioner Heiman, the motion carried. Question 60, Source page 219-220, Answer Key C When you do not support your employees and put obstacles in their path instead of removing them , you are asking for a frustrated, angry workforce. Which of the following in (sic) an example of supporting your employees? A. When a follower does a task well and you praise them . B. When someone makes a mistake and you tell them frankly , and redirect their behavior. C. Both A and B are correct answers. D. None of the above is a correct answer. Appealed by Jason Leavelle. Officer Leavelle believes there are multiple correct answers to this question. In the source material , praising is encouraged to be done in public and discipline is to be done in private . The only time someone would be disciplined frankly is if something reall y bad occurred. Commissioner Miller said the answer is "C," meaning Answers "A" and "B" are both correct. She is trying to find what she believes to be his argument (that discipline occurs in public) in the possible answers. Officer Leavelle thinks he answered with "A ," as discipline is to be done in private unless something needs to be acted on immediately . Answer "B" is also correct, but no one is going to discipline someone frankly over something minor. Jonathan Lindsey believes the answer key should be upheld. In this instance , frankly simply means being direct with someone , not disciplining them in public. The question IS verbatim from the text. Officer Leavelle said he thinks it is subjective , and frankl y to some might mean immediately . Answer "A" is definitely a correct answer , while Answer "B" is dependent upon the interpretation of the word "frankly." N:\Jegal\Personnel\Civil Service Commission\Minutes\2016\CSC.Minutes .2016 .1.26.doc Civil Service Commission Minutes January 26 , 2016 4 Commissioner Fidelie moved to uphold the answer key. Seconded by Commissioner Heiman, the motion carried. Question 77, Source page 279, Answer Key B During a high-speed pursuit, the officer assigned to the backup vehicle should immediately acknowledge the back-up assignment with the dispatcher. He should maintain a safe distance from the main vehicle . It is recommended that at least distance be maintained from the main vehicle . He should not pass the main vehicle unless requested by the main vehicle , or if some other situation exists such as an accident or mechanical trouble. A. Fifteen (15) car lengths B. Five (5) car lengths C. 500 feet D. 1,000 feet Appealed by Jason Leavelle. Officer Leavelle said that according to WFPD General Order 200.005, officers will maintain a sufficient space behind the primary police vehicle during pursuits. The source material says five car lengths . If that is a safe car length , then so is 15 car lengths , as well as 1,000 feet. The officers perform their duties pursuant to the General Order. Jonathan Lindsey wants to see the answer key upheld. The question is taken verbatim from the source material , and not the General Orders . Officer Leavelle said that although this test may state the questions are coming from a particular source material, he believes the General Orders and Departmental operations supersede the source material , especially if it is contradictory. Commissioner Heiman moved to uphold the answer key. Seconded by Commissioner Fidelie, the motion carried. Question 88, Source page 268, Answer Key C In situations where it is likely that the use of deadly force might be employed , firearms control must be established and maintained . When time permits in these situations it is incumbent upon the police to clear the area of people. If possible , police lines should be established at least from the scene of the anticipated confrontation and all pedestrian and vehicular traffic should be re-routed. A. 500 feet B. One block C. 1000 feet D. Two blocks Appealed by Jason Leavelle. Officer Leavelle said the question is a recommendation or an opinion , using the phrases "if possible" and "at least." If Answer "e" is correct, then Answers "B" and "D" would also be correct since they are greater than the recommended minimum distance. Having served nine years on the Department's SWAT team , he answered as he would actually perform within the Department. Jonathan Lindsey said they are tested over the source material , rather than their experience . The book clearly stated 1,000 feet , and he would like to see the answer key upheld. N:\..Jegal\Personnel\Civil Service Commission\Minutes\2016\CSC.Minutes.2016.1.26 .doc Civil Service Commission Minutes January 26 , 20 16 5 Commissioner Fidelie moved to uphold the answer key. Seconded by Commissioner Heiman, the motion carried. Question 89, Source page 290, Answer Key C When conducting a search at the location of a bomb threat , the decision whether to evacuate a private premises while a search is conducted should be made by _______ _ A. The ranking fire department officer. B. The ranking police officer. C. The person in charge of the premises. D. The City Manager . Appeal by Jason Leavelle. Officer Leavelle stated that WFPD General Order 200.019 , Primary Responsibility , gives the ranking fire department member at the scene responsibility to make the decision on a partial or complete building or area evacuation in the event of a bomb threat. That is completely contrary to the source material. He asks that the verbatim answer from the book be accepted , as well as the answer that reflects the actual operations of the Department. Commissioner Miller noted that the source material does state Answer "C." However, almost everyone got it wrong , and she thinks it is due to the General Order. Commissioner Fidelie moved to uphold the answer key. Commissioner Heiman said the question guidelines do state, "regardless of the provisions of any other sources which may relate to or apply to this question." He also has concerns about the number of people who missed this question, but the Commission has set a precedent to uphold the answer key if it is verbatim. He seconded the motion. With Commissioners Heiman and Fidelie voting affirmatively, and Commissioner Miller voting in opposition, the motion carried. Question 90, Source page 273-274, Answer Key D A field command post should be established when _________ _ A. The circumstances indicate a need for police operations over a period of time . B. Requested by the property owner or occupant. C. Telephone communication and on-site record keeping will improve the handling of the incident. D. Both A and C are correct answers. Appeal by Deanna Tofte. Officer Tofte said this question calls for a stand-alone answer. The only reason a post is established is the necessity for police operations over a period of time. She interprets improved communication as a benefit of such a post, but not a reason for its establishment. She asks that Answers "A" and "D" be accepted as correct. Commissioner Miller said there was another appellant who did not address the Commission , but their argument is similar to the one expressed by Officer Tofte. Jonathan Lindsey asked that the answer key be upheld. It comes from the test material. Officer Tofte said the text states the only reason to set up a command post is for long-term incidents. Improved communications will be a benefit, but it is not a reason to set up a post. Commissioner Fidelie moved to uphold the answer key. Seconded by Commissioner Heiman, the motion carried. N:\Jegal\Personnel\Civil Service Commission\Minutes\2016\CSC.Minutes.2016.1 .26 .doc Civil Service Commission Minutes January 26 ,2016 6 4. Report from Fire Chief Assistant Chief Hughes said the Department graduated five members last Friday. It is still three short, but they have a list of 11 people. They are trying to confirm how many they will need over the next year and will work closely with Christi Klyn. The Advanced EMT classes are going well ; 60 people are going through the process and testing for the national registry. 5. Report from Police Chief Chief Borrego thanked the Commission for their efforts. This is the Department 's first opportunity to tryout its new promotional process. The Department is in the process of hiring new applicants. It has one list with 13 applicants, but at the end of January , the Department will have 16 openings. Since the officers voted to change the hiring process to hold the second testing before the first test was exhausted , they have an additional list with five people . February 22 is the tentative start date for the next Academy. There will be at least 16 in the Academy , and perhaps there may even be an overhire. He is appreciative of the officers approving this new hiring process. 6. Adjourn The meeting was adjourned at 9:47 a.m. N:\....legal\Personnel\Civil Service Commission\Minutes\2016\CSC.Minutes.2016.1.26.doc