Civil Service Exam 43 Questions with Verified Answers
Sec 143.001 Purpose - CORRECT ANSWER to secure efficient fire and police departments with capable
... [Show More] personnel, free from political influence, with permanent employment
Sec 143.002 Who is covered - CORRECT ANSWER Municipalities with pop of 10,000 or more
has paid fire/ police dept
has voted to adopt chapter
Population is determinted by - CORRECT ANSWER 1.federal decennial census
2.annual populaion estimate provided by state demographer if more recent than census
*application of chapter not affected if pop changes below requirements
Sec 143.003 Definitions - CORRECT ANSWER 1.Commission-the civil service commission
2.Department head-chief or head of the police/fire dept
3.Director-director of the civil service
4.Fire fighter-does not apply to admin employees
5.Police Off-peace officer
Sec 143.004 Election to adopt/repeal - CORRECT ANSWER 1.receive a petition signed by equal to 10% of voters from recent election, election held on first authorized date after petition is filed
2.Next petition may be filed a year after election with 20% of voters
3.To repeal-after operating for one year 10% of voters sign pet, then election
Sec 143.005 Status of Employees if CH. adopted - CORRECT ANSWER a.Employees in service for more than 6 months at time chp is adopted is entitled to civil service, does not have to take exam to remain in current position
b.member of FD who provided EMS is entitled to civil service
Sec 143.0051 Status of Emp in certain FDs pop 220,000 or more - CORRECT ANSWER ...
Sec 143.0051 Status of Emp in cetain FD's pop 150,000 or more - CORRECT ANSWER ...
Sec 143.0052 Fee for EMS - CORRECT ANSWER 1.pop of more than 200,000 and less than 250,000
2.located in county with another municipality with pop of more than one million
3.EMS administered by a FD
b.a municipality may establish a monthly fee for cost of EMS. Fee applicable to each municipal water customer, can be collected at same time as water bill
Sec 143.006 Implementation: commission - CORRECT ANSWER a.Chief executive of municipality shall appoint members of commission withing 60 days after chapter adopted,
30 days after first fiscal year body shall implement this chapter
b.Commission consists of 3 members appointed by chief exe, serve 3 year staggered term, with one member's term expiring each year. If vacancy or appointee fails to qualify within 10 days after appointment, chief exe shall appoint another to serve rest of term
A person appointed to the commission must - CORRECT ANSWER 1. be of good moral character
2. US citizen
3. resident of the municipality who has resided in the municiplaity for more than 3 yrs
4.over 25 years of age
5. not have held public office within the preceding 3yrs
cont.. - CORRECT ANSWER chief exe may reappoint a member to not more than a third consecutive term unless 4th term is confirmed by a 2/3s majority vote of the governing body
c-2.chief exe can appoint a former comm member if the only public office held within past 3yrs is membership on the comm or the comm and civil service board for employees other that FD or PD
c-3. does not apply to mun with pop 1.5 mill or more
cont... - CORRECT ANSWER d.initial appointments, chief exe shall designate one member to serve 1yr term, another 2yr term, and another to serve 3yr term. If a commission exist before chp takes effect that comm shall continue. as the terms of members expire the chief exe shall appoint members. May appoint for less than 3yrs.
e. initial members shall elect a shairman and vice chairman within 10 days after all members have been qualified. Each Jan members shall elect a chairman and vice chairman
cont - CORRECT ANSWER f.mun shall provide the comm with adequate and suitable office space
g.chief exe commits an offense if he knowingly or intentionally fails to appoint the initial members of the commission within the 60 day period. Misd fine not less than $100 or more than $200. Each day after 60 day period is a separate offense
h.commits an offense if knowingly or itentionally refuses to implement this chapter or attmepts to obstruct the enforcement of the chapter. not less than $100 or more than $200
Sec 143.007 Removal of commission member - CORRECT ANSWER a. govern body may remove comm member that is guilty of misconduct in office. The member may request that meeting may be held in a public hearing
b. If member is indicted or charged with a criminal offense involving moral turpitude, member may be suspended until disposition of charge, unless member pleads guilty or found guilty member shall resume office at time of disposition
c.govn body may appoint a sub member during suspension. if member is guilty of offense involving moral turp the body shall appoint a replacement to serve the remainder of the term
Sec 143.008 Adoption and Publication of Rules - CORRECT ANSWER a.comm shall adopt rules for proper conduct of business
b.may not adopt rule permitting the appointment of person who is without good character, phy or mentally unfit, or incompetent to discharge to duties
c.comm shall adopt rules that prescribe cause for removal or suspensio of a FF or PO
d.comm shall publish rule and seniority list for FD/PD, made aval on demand..rule is adopted if comm adopts rull by majority vote and causes it to be written..pub in newspaper and act on rule is not required.
cont... - CORRECT ANSWER e.a rule is not valid and binding on the comm until the comm
1.mails a copy to the commissioner and dept heads of FD/PD
2.post for 7 days at a conspicuous place at FD/PD
3.mails to each branch FD
f.director shall keep copies of rules for free distribution for members of FD/PD and any interested person
Sec 143.009 Commission Investigation and Inspections - CORRECT ANSWER a.the comm may investigate and report on matters relating to the enforcement of this chapter and rules to determine if they are being obeyed
b.during an investigation the comm may administer oaths, issue subpoenas,depositions
c.deposition must be taken in the manner prescribed by law for taking in civil action in federal dist court
d.oath or subp has the same force as if issued by magistrate
e.person who fails to respond to a subp misd not less $10 or more than $100, co jail not more than 30 days, or both
Sec 143.010 Commission Appeal Procedure - CORRECT ANSWER a.If a FF/PO must file an appeal with the comm within 10 days after the date of action occurred
b.appeal must contain basis for appeal and requst for hearing, statement denying the truth of charge, statement taking exception to the legal sufficiency of charge, statement alleging that the action does not fit the offense, or a comb of these statements
c.in each hearing the FF/PO is entitled to counsel or a person they choose, each proceeding shall be held in public
d.comm may issue subp or subp duces tecum
cont... - CORRECT ANSWER e.FF/PO my request the comm to subp any books, records, documents, papers, acounts, or wit . must make request before the 10th day before hearing. If comm does not subp the comm must on 3rd day before hearing make a written report stating the reason. the rpt shall be read into public record of the hearing
f.wit may be placed under the rule
g.the comm shall conduct hearing fairly and impartially, shall render a just decision, may consider only evidence submetted at hearing
h.comm shall maintain public record of proceedings with copies avalilable at cost
i.pop over 1.5 mil must also meet requirements in 143.1015
Sec 143.011 Decisions and Records - CORRECT ANSWER a.each concurring member shall sign a decision
b.comm shall keep records or each hearing
c.each rule, opinion, directive, dicision, or order issued by comm must be written, is public record, and shall retain on file
Sec 143.012 Director - CORRECT ANSWER a.comm shall appoint director. The dir shall serve as secretary to this comm and perform work incidental to the civil service system as required by he commission. the comm may remove the dir at any time
b.in a mun with pop less than 1.5 mil the dir is not required to meet the local residency requirement
c.person appointed as dir may be a comm member, municipal employee, or some other person
d.govn body shall determine salary if any
e.if mun has a dir of civil service immediatley before this chp takes effect, the dir shall cont in office
Sec 143.013 Appointment and Removal of Department Head - CORRECT ANSWER a.Unless elected each dept head is 1. appointed by mun chief exe and confirmed by govern body
2.in mun w/ elected fire or police comm, appointed by fire or police comm and confirmed by govern body
b.person elected as head of fire dept must be eligible for cert at intermediate level or equivalent, must have served as fully paid fire fighter for at least 5yrs..same for police
cont... - CORRECT ANSWER c.if a person if removed from dept head he shall be reinstated in the dept as a rank not lower than that held by the person immediately before appointment...retains all rights of seniority
d.if charged with an offense in violation of the civil service rules and is dismissed or discharged the person has a right and privilege to a hearing before the commission. if found that charges are untrue the person shall return to former rank with rights according to seniority and paide full salary for time of suspension
Sec 143.014 Appointment and Removal of Person Classified Immediately below Dept Head - CORRECT ANSWER Does not apply to a mun with pop of 1.5 mill or more
b.(If approved by the govn body by resolution or ordinance) head of a fire/police dept in which at least 4 classification exist below the dept head may appoint each person below. the classification immediatley below that of dept head may have a different title but the same pay grade
c.in a police dept the number of person appointed below dept head may not exceed the total number or person plus one serving in the classification on Jan 1, 1983. In a fire dept w/ fewer than 300 the dept head may appint not more than one person. 300 to 600 may appoint 2. more than 600 may appoint 3 (does not apply to mun with the fire and police emp relation act unless mun had adopted the appointment procedure
cont - CORRECT ANSWER d.peron appoint immediatly below dept head must
1.be employed as a sworn police officer 2. at least 2yrs in dept 3. meet requirements for appointment as head of dept sec 143.013
e. below the head of fire dept must 1. be employed at mun fire dept 2. have permanent classification in at least on offier level 3. meet the requirements for appointment as head of dept
f.must made appointment within 90 days after vacancy
cont - CORRECT ANSWER g.person appointed under this section serves as dept head, if removed shall be reinstated at former classification, person retains seniority
h.if charged of violation or suspended has right and privilefe of a hearing before the commission, if charges are unfounded person shall be restored to classification before appointment, has senority and shall be repaide for lost wages
i.person serving under permanent appointment below dept head on sept 1, 1983 is not required to meet requirements or be appointed or reappointed
Sec 143.015 Appeal of Commission Decision to District Court - CORRECT ANSWER If FF or PO is dissatisfied with comm decision, may file a petition in district court asking the decision be set aside. pet must be filed within 10 days after the final comm decision 1. is sent to the FF/PO or 2. personally received by FF/PO
b.appeal is by trial de novo. court may grant legal or equitable relief which may include reinstatement, promotion with back pay if suspension, dismissal, or demotion is set aside
c.court my award sttorney fess to prevailing party and court cost to nonprevailing party
d.if the court finds for the FF/PO the court shall order the min to pay lost wages
Sec 143.016 Penalty for Violation of Chapter - CORRECT ANSWER FF/PO commites an offense if violates this chapter
misd punishable by fine not less $10 or more than $100, county jail not more than 30days, or both
Sec 143.021 Classification; Examination Requirement - CORRECT ANSWER a.comm shall provide for classification of FF/PO. govern body shall establish classification by ordinance. govn body shall prescribe the number of positions in each classification
b.except for dept head and person appointed each FF/PO is classified as prescribed by this subchapter and has civil service protection. failure of govn body to establish a position by ordinance does not result in loss of civil service protection
c.each position must be filled from eligibility list resulting from exam
Sec 143.022 Physical Requirements and Examinations - CORRECT ANSWER a.comm shall set the age and physical requirements, requirements shall be the same for all applicants
b.comm shall require each applicant (beginning to promotional) to take a physical exam, mental exam administered by a physican, phychiatrist, or psychologist, mun shall pay for exam
c.if applicant is rejected the applicant may request another exam by a board of three appointed by comm. applicant must pay for exam, decision if final
Sec 143.023 Eligibility for Beginning Position - CORRECT ANSWER a. 18yoa to take entrance exam for PD..FD 18 but not 36 or older
b.may not be certified as eligible for beginning possition in FD if 36 or older
c. 45 or older for beginning position in PD
d.applicants must meet all legal requirments to become eligible for licensing
f.must be able to read and write english
g.pop of 1.5 mil or more must meet other requirements
Sec 143.024 Entrance Exam Notice - CORRECT ANSWER notice of exam 10days before test located in main lobby of city hall and in comm office. notice must show position to be filled, date, time, and place of exam
b.notice must show period that list will be effective
Sec 143.025 Entrance Exams - CORRECT ANSWER a.comm shall provide for open, competitive, and free exams to provide eligibility lists, exams are open to each person who make an application and meets requirements
b. eligibility list may be only created by an exam held in the presence of each applicant. exam must be based on the person's general knowledge and aptitude and inquire into the applicants general education and mental ability
c.applicant may not take exam uless at least one other applicant is present
cont.. - CORRECT ANSWER d.exams for FD may be held at different locations if applicant takes smae exam and is examined in presence of other applicants
e. exams for PD must be held may be held in locations outside the mun but must be administered on the same day and same time. only one list may be created from the exams, only one list may be in effect. each applicant shall 1. take the same exam 2. be examined in the presene of other applicants
cont.. - CORRECT ANSWER f.+5 points for military w/ honorable discharge and passing grade
g.applicant may not take the exam for particular list more that once
h.comm shall keep list 6-12 mnts, unless all name have been referred then comm shall determine length of period. comm shall give new exams to provide staffing
i.min passing grade is 70
j.child of deceased FF who receives a passing grade shall be placed on the top of list, otherwise shall meet requirements
k.section does not apply to a mun with pop of 1.5 mill or more
Sec 143.0251 Reappointment After resignation - CORRECT ANSWER comm may adopt rules to allow a PO who voluntarily resigns to be reappointed without taking another exam
Sec 143.026 Procedure for Filling Beginning Positions - CORRECT ANSWER a.when vacancy occures, dept head shall request from the comm names of suitable names from list. dirt shall certify to cheif exe 3 names from list
b.from the 3 names the chief exe shall appoint the person with the highest grade unless there is a reason the other two should be appointed
c.if person with highest grade is not appointed chief exe shall set forth in writing the reason
d.the reason shall be provided to the person having the highest grade, if the 3rd highest grade is appointed a copy shallo also be provided to the second highest grade
Sec 143.027 Probationary Period - CORRECT ANSWER a.1yr...mun with pop less than 1.9 mill may extend period by not more than 6months for a person who; 1.dept has not collective bargaining agreement or meet-and -confer agreement or previously had one and 2. is required to attend a basic academy for certification
b.during prob period the dept head shall discharge the person and remove from payroll if the appointment was made was not regular or made in accordance with rules
c.during prob period an employee may not be prohibited or required to join an employee organization
d.an employee who serves the prob period automatically becomes full-fledged civil service employee
Sec 143.028 Eligibility for Promotion - CORRECT ANSWER A PO/FF is not eligible for promotion unless the prson has served in the next lower position for at least 2yrs. may not be promoted to captain unless the person has 4yrs in the dept
b if person is on active military durt for not more than 60mnts military duty counts as duty in dept
Sec 143.029 Promotional Examination Notice - CORRECT ANSWER a. post sources from which the questions will be taken before the 90th day or the test
b. before the 30th day comm shall post a notice of the exam in the main lobby of city hall and comm office. notice must show position to be filled, date, time, and place. comm shall provided copies of notice for posting in stations or subdepts
c.the notice may also include the name of each source and number of questions from each source and chapter used
Sec 143.031 Eligibility for PD promotional exam - CORRECT ANSWER a.exam is open to PO's who held the position below, in salary, the class that the test is for for 2 yrs
c.if no sufficient POs exist in the lower position with 2yrs it can be open to people with less than 2yrs. if still not enough may be open to second lower position
Sec 143.032 Promotion Examination Procedure - CORRECT ANSWER ... [Show Less]