HomeMy WebLinkAboutCivil Service COG Local Rules_November 2013ADOPTED BY THE CIVIL SERVICE COMMISSION
Origination Date: July 30, 2003
Revision Date: November 1, 2013
RULES AND REGULATIONS
OF THE
FIREFIGHTERS’ AND POLICE OFFICERS’
CIVIL SERVICE COMMISSION
CITY OF GEORGETOWN, TEXAS
CITY OF GEORGETOWN
TABLE OF CONTENTS
SECTION PAGE NO.
CHAPTER A: GENERAL PROVISIONS
001. Purpose 5
002. Municipalities Covered by Chapter (Reserved) 5
003. Definitions 5
004. Election to Adopt or Repeal Chapter (Reserved) 7
005. Status of Employees if Chapter Adopted (Reserved) 7
006. Implementation: Commission 7
007. Removal of Commission Member 10
008. Adoption and Publication of Rules 11
009. Commission Investigations and Inspections (Reserved) 11
010. Commission Appeal Procedure 11
011. Decisions and Records 12
012. Director 12
013. Appointment and Removal of Department Head 13
014.
Appointment and Removal of Person Classified
Immediately Below Department Head (Reserved)
13
015. Appeal of Commission Decision to District Court (Reserved) 13
016. Penalty for Violation of Chapter (Reserved) 13
017. Meetings of the Commission 13
018. Department Rules 14
CHAPTER B: CLASSIFICATION AND APPOINTMENT
021. Classification; Examination Requirement; Job Descriptions 14
022. Physical Requirements and Examinations 15
023. Eligibility for Beginning Positions 15
024. Entrance Examination Notice 21
025. Entrance Examinations 22
0251. Reappointment After Resignation 25
026. Procedure for Filling Beginning Positions (Reserved) 27
027. Probationary Period 27
028. Eligibility for Promotion (Reserved) 27
029. Promotional Examination Notice (Reserved) 27
030. Eligibility for Fire Department Promotional Examination 27
031.
Eligibility for Police Department Promotional Examination
(Reserved)
27
CITY OF GEORGETOWN
TABLE OF CONTENTS
SECTION PAGE NO.
CHAPTER B: CLASSIFICATION AND APPOINTMENT cont.
032. Promotional Examination Procedure 27
032A
Promotional Examination Procedures for Personnel on
Active Military Duty
29
033. Promotional Examination Grades 29
034. Review and Appeal of Promotional Examination 30
034A.
Promotional Examination Appeal Procedures for Personnel on Active
Military Duty
31
035. Alternate Promotional System in Police Department 32
036. Procedure for Making Promotional Appointments (Reserved) 40
037. Record of Certification and Appointment (Reserved) 40
038. Temporary Duties in Higher Classification 40
CHAPTER C: COMPENSATION
041. Salary (Reserved) 40
042. Assignment Pay (Reserved) 40
043. Field Training Officer Assignment Pay (Reserved) 40
044. Certification and Educational Incentive Pay (Reserved) 40
045. Accumulation and Payment of Sick Leave 40
046. Vacations 40
047. Shift Differential Pay (Reserved) 41
CHAPTER D: DISIPLINARY ACTION
051. Cause for Removal or Suspension 41
052. Disciplinary Suspensions 42
053. Appeal of Disciplinary Suspension 43
054. Demotions 52
055. Uncompensated Duty of Police Officers (Reserved) 52
056. Procedures after Felony Indictment or Misdemeanor Complaint 52
057. Hearing Examiners 52
CHAPTER E: LEAVES
071. Leaves or Absences; Restriction Prohibited (Reserved) 54
072. Military Leave of Absence (Reserved) 54
073. Line of Duty Illness or Injury Leave of Absence (Reserved) 54
074. Reappointment After Recovery from Disability (Reserved) 54
075. Military Leave Time Accounts (Reserved) 54
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CITY OF GEORGETOWN
TABLE OF CONTENTS
SECTION PAGE NO.
CHAPTER F: MISCELLANEOUS PROVISIONS
081. Determination of Physical and Mental Fitness 54
082. Efficiency Reports 55
083. Emergency Appointment of Temporary Fire Fighters 55
and Police Officers (Reserved)
084. Civil Service Status and Pension Benefits for 55
certain Fire Fighters and Police Officers (Reserved)
085. Force Reduction and Reinstatement List (Reserved) 55
086. Political Activities (Reserved) 55
087. Strike Prohibition (Reserved) 55
088. Unlawful Resignation or Retirement (Reserved) 55
089. Personnel File (Reserved) 55
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The Firefighters’ and Police Officers'
Civil Service Rules and Regulations
of the
City of Georgetown, Texas
PREAMBLE: Pursuant to Chapter 143 of the Texas Local Government Code, the Fire
Fighters’ and Police Officers' Civil Service Commission of the City of Georgetown,
Texas does hereby adopt the following rules and regulations for the administration of the
civil service system for the City of Georgetown, Texas (the “City”).
CHAPTER A
GENERAL PROVISIONS
001. PURPOSE
There is hereby established a Fire Fighters’ and Police Officers' Civil Service
with the adoption of these Local Civil Service Rules and Regulations, in
compliance with Chapter 143, as amended, of the Texas Local Government
Code. The captions used in these local rules are not intended to convey any
legal meaning or benefit but are included solely to aid in the organization of the
rules.
The scope and construction of the Rules hereinafter set forth shall be
interpreted and applied in a manner to complement Chapter 143. It is intent of
these Rules to cover situations not mentioned in Chapter 143 or which are
ambiguous in Chapter 143. All situations that are not expressly covered by
Chapter 143 or these Rules shall be resolved in accordance with the City
Charter and ordinances, City of Georgetown Personnel Policies or the residual
discretionary authority vested in a department head. The Rules shall apply to all
of the classified, non-probationary employees covered under Chapter 143.
002. MUNICIPALITIES COVERED BY CHAPTER (RESERVED)
003. DEFINITIONS
[Subject to additions, deletions or modifications as additional rules are
adopted.]
(1) APPOINTMENT - The designation of a person by the City Manager to
become an employee in a classified civil service position.
(2) BUSINESS DAY - Any day the City is customarily open for normal
business. "Business Day" does not refer to the employee’s workday or
holidays observed by the City.
(3) CHIEF EXECUTIVE - The City Manager of the City of Georgetown.
(4) CHAPTER 143 - The portion of the Texas Local Government Code
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containing the civil service provisions.
(5) CLASSIFICATION - A position or group of positions that involve similar
duties and responsibilities and require similar qualifications.
(6) CIVIL SERVICE ANNIVERSARY DATE - The date a person was most
recently appointed to a classified civil service position in this city.
(7) COMMISSION - The City of Georgetown Firefighters’ and Police
Officers’ Civil Service Commission.
(8) CONVICTION OR CONVICTED - A person is convicted if he or she has
plead guilty, no contest (Nolo contendere), or been found guilty in a trial,
regardless of whether:
The sentence is subsequently probated and the person is discharged
from probation;
The defendant has received an unadjudicated or deferred adjudication
probation or pre-trial diversion for a criminal offense;
The case has been made the subject of an expunction order; or
The person is pardoned, unless the pardon is expressly granted for
subsequent proof of innocence.
(9) DAY - Calendar day, unless otherwise specified.
(10) DEPARTMENT HEAD - The Fire or Police Chief of the City of
Georgetown.
(11) DEMOTION - The transfer of an employee from a position in one
classification to a position in another classification for which the maximum
rate of pay is lower.
(12) DIRECTOR - The Director of Civil Service as designated by the City of
Georgetown Civil Service Commission to act in the capacity of secretary to
the Commission and Director of Civil Service and includes his or her
designee.
(13) ELIGIBILITY LIST - A list of applicants for a classified civil service
position who have taken the examination and passed and are ranked on the
eligibility list in order of the score received, including tiebreakers.
(14) MILITARY SERVICE CREDIT - The points added to the passing score
of an examination taken by a veteran.
(15) RAW SCORE - The numerical grade based upon the questions correctly
answered on entrance and promotional examinations unverified and subject
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to verification by the Commission.
(16) SENIORITY - Years of service within the department, whether
interrupted or uninterrupted.
(17) VETERAN - A person who has served a minimum of 180 days of active
duty in the armed forces of the United States of America and who has
received a DD-214 that reflects an honorable discharge. A person who
receives a discharge other than honorable is not a veteran for the purpose of
this section.
004. ELECTION TO ADOPT OR REPEAL CHAPTER (RESERVED)
005. STATUS OF EMPLOYEES IF CHAPTER ADOPTED (RESERVED)
006. IMPLEMENTATION: COMMISSION
The Commission shall conduct its meeting in such place as designated in the
“Notice of Meeting.” The Commission shall conduct all meetings in
compliance with the provisions of Section 551.001 et. seq. of the Texas
Government Code (Open Meetings Act).
Meetings shall be called by the Director at the request of the Chair, or at the
written request of any two (2) Commissioners. Notice of meeting of the
Commission shall be given by the Director to the members of the Commission
at least seventy-two (72) hours preceding the day of the meeting, except in case
of emergency or urgent public necessity, in which case two (2) hours notice
shall be given in accordance with the provisions the Texas Government Code.
In all matters of procedure not controlled by the provisions of the Texas Local
Government Code, chapter 143, the order of business and conduct of meetings
shall be in conformity with Robert’s Rules of Order. The Commission may, by
majority vote, make rules of procedure for the administration of the Texas
Local Government Code.
(A) RULES AND REGULATIONS
(1) The rules of the Civil Service Commission currently in effect are
only those contained herein. These rules have been approved by
the Commission and shall remain in effect until officially
amended, revised or repealed by the Commission.
(2) Notice of Rules - Immediately upon becoming effective, all rules
contained herein shall thereafter be deemed to constitute full and
effective prior notice to all civil service employees of prescribed or
prohibited conduct as stated in any such rule.
(3) Amendment to these rules may be made at any meeting of the
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Commission and such amendments shall become effective on the
date of their approval by the Commission and subsequent
compliance with the posting and notice requirements of Chapter
143 and of these rules. All rules and amendments shall be printed
and made reasonably available for access by all civil service
employees.
(B) ENACTMENT
(1) The civil service system of the City has been established pursuant
to Chapter 143 for the purpose of developing and enforcing rules
regarding the initial selection of employees as well as for their
advancement, benefits, discipline and discharge, and conditions of
employment.
(2) These rules completely repeal and replace such earlier rules and
regulations as have been adopted by the Civil Service Commission.
These rules are made and shall be construed in accordance with
Chapter 143. It is intent of these rules to cover situations not
mentioned in Chapter 143 or which are ambiguous in Chapter 143.
(3) The scope and construction of the rules hereinafter set forth shall
be interpreted and applied within the spirit and intent of Chapter
143. All situations that are not expressly covered by Chapter 143,
City ordinances or these rules and regulations shall be resolved in
accordance with the City of Georgetown Personnel Rules and
Regulations or the residual discretionary authority vested in a
department head. These rules and regulations shall apply to all of
the classified, non-probationary employees covered under Chapter
143 and specifically certified by the Texas Commission on Fire
Protection or Law Enforcement Officer Standards and Education.
If a provision of Chapter 143 applies to probationary employees,
the corresponding local rule, if any, applies as well.
(C) CIVIL SERVICE COMMISSION
(1) APPOINTMENTS - The City Manager shall appoint and the City
Council shall confirm the appointment of the three members of the
Civil Service Commission who meet the required statutory
qualifications. The members shall elect one member to serve as
chair and one to serve as vice-chair.
(2) CHAIR AND VICE-CHAIR REPLACEMENT - When
vacancies of members of the Commission occurs, the replacement
of chair and vice-chair will be handled as follows: 1) in the event
of a vacancy in the chair position, the vice-chair will assume the
role of chair and an interim election will be held to elect a new
vice-chair: 2) in the event of vacancy in the vice-chair position,
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an interim election will be held to fill that office.
(3) TERM OF OFFICE - Each member of the Commission holds
office for a staggered three-year term and thereafter until a
successor is appointed and confirmed. Interim vacancies on the
Commission shall be filled by appointment of the City Manager
and confirmed by the City Council for the unexpired term of the
member whose position has been vacated. Commissioners are
permitted to serve a maximum of 3 consecutive three-year terms.
The term of a Commissioner does not include appointments to
serve an un-expired term of a previous Commission member.
(4) RESPONSIBILITIES - The Commission, acting in compliance
with Chapter 143, has the authority to adopt, publish and enforce
rules relating to:
(a) The proper conduct of Commission business meetings;
(b) The proper conduct of examinations for entry level and
promotional eligibility;
(c) The proper conduct of appeals of testing and examination
scoring;
(d) The prescribed cause or causes for the removal or
suspension of a civil service employee;
(e) The procedures for the hearing of disciplinary appeals
concerning suspensions without pay, indefinite suspensions,
promotional passovers; recommended demotions; or written
promotional examinations; and
(f) Such other matters reasonably related to the selection,
promotion and discipline of civil service employees, not
otherwise vested in the discretionary or managerial authority
of the City Council, City Manager, Director of Civil
Service, or Department Head.
(5) RULE OF CONDUCT
(a) In the discharge of their duties, members of the Civil
Service Commission act as a body and not as individuals.
An individual Commission member has no authority to
speak for the Commission unless he or she is specifically
authorized to do so by formal action of the Commission.
(6) QUORUM - Two members of the Commission constitute a
quorum sufficient to conduct business meetings and hearings.
(7) CONDUCT OF BUSINESS MEETINGS - The Commission
may set reasonable rules and procedures for proper and efficient
conduct of business. The Chairperson shall conduct meetings in an
orderly and timely fashion. The normal order of business at non-
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disciplinary or non-appeal hearings shall be generally:
(a) call to order
(b) approval of minutes
(c) action items
(d) miscellaneous matters from the Director
(e) new business - Commission members may suggest items for
future agendas.
(f) adjourn
The order of business may be altered at any time by agreement of
Commission members present at the meeting.
(8) MINUTES - The Director shall prepare the minutes of each
meeting. The minutes of a meeting are to be presented for approval
at a subsequent meeting of the Commission. The minutes, other
than matters discussed in executive session, upon approval by the
Commission, shall be kept open for public inspection as governed
by applicable State law. A Commission member may record in the
minutes an approval of, or objection to any act of the Commission
together with the Commissioner’s reasons. Copies of the minutes
and records may be obtained from the Director for the standard fee
charged by the City for similar official record duplication. The
minutes of the Commission shall be signed by the Chair, or in the
Chair’s absence, the Vice-chair.
(9) COMMUNICATIONS - All communications or requests to the
Commission are to be made in writing through the office of the
Director.
007. REMOVAL OF COMMISSION MEMBER
REMOVAL FROM OFFICE - A member of the Commission may tender his
or her resignation in writing at any time to the City Manager. A Commission
member may be removed from office by the City Council for misconduct in
office or otherwise in accordance with Chapter 143 of the Texas Local
Government Code.
If a Civil Service Commission member is absent three (3) meetings during a
twelve (12) month period without good and reasonable cause, then the absent
member may be automatically deemed to have submitted a resignation and if
accepted by the City Manager, the position shall be deemed vacant without
further action. Upon the occurrence of any of these events, a request shall
thereafter be made by the Director to the City Manager for a replacement of
such member.
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008. ADOPTION AND PUBLICATION OF RULES
Where there is a conflict between these Rules and other rules pertaining to the
employees of the City of Georgetown, then these Rules will take precedence. If
any section, subsection, paragraph, sentence, clause, phrase or word contained
in these rules shall be held by the courts to be unconstitutional or invalid, such
holding shall not affect the validity of the remaining portion of these rules.
These rules are enacted by the Civil Service Commission pursuant to the
statutorily delegated authority of Chapter 143. These rules were not acted upon
in any official manner by the City Council. Therefore, these rules do not
constitute any form of “policy” nor any other official act of the City Council.
009. COMMISSION INVESTIGATIONS AND INSPECTIONS (RESERVED)
010. COMMISSION APPEAL PROCEDURE
(A) ORIGINAL NOTICE OF APPEAL
(1) The employee’s notice of appeal must be filed in writing, in the
Director’s office within 240 hours after receiving the notice of
disciplinary action from the Department Head. An employee may
withdraw his/her request for an appeal at any time thereafter,
terminating the appeals process.
(2) The employee’s notice of appeal and request for hearing shall set
forth the employee’s basis for appeal in compliance with Chapter
143.
(B) FAILURE TO TIMELY FILE AN APPEAL
There will be no right to an appeal hearing in a situation where an
employee either (i) fails to file a notice of appeal of a disciplinary action
with the Director or Director’s designee within the 240 hour period
allowed in Chapter 143 or (ii) fails to properly state the basis of appeal.
This shall result in an appeal in the matter not being established. If the
appeal is untimely or does not properly set forth the basis for appeal, the
Director shall notify the employee that the appeal will not be considered.
(C) SUBPOENA
Before requesting a subpoena duces tecum for the production of
documents, a party shall first make a request for the documents directly
to the other party and allow a reasonable time for a response. If the
request is refused or otherwise not produced, then a request may be filed
with the Director requesting the Commission to issue a subpoena duces
tecum. This request shall be filed with the Director at least ten (10) days
prior to the hearing date, and the party requesting the documents shall
also serve the opposing party with a copy of the request for issuance of a
subpoena duces tecum at least ten (10) days prior to the hearing date. If
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the opposing party wishes to object to the request for the issuance of a
subpoena duces tecum, the opposing party shall file its written
objections with the Director at least six (6) days prior to the hearing. If
the Commission receives written objections to the issuance of a
subpoena duces tecum from the opposing party, the Commission shall
meet no later than the third day before the hearing to determine whether
to issue, quash or modify the requested subpoena. The Director shall
then notify the parties verbally and in writing of the Commission's
decision. Because of the short time frame permitted in this process, all
written materials may be served by facsimile by the parties to each other
and to the Director.
A request for subpoena to compel the attendance of a witness shall be
coordinated through the Director. A request for a subpoena shall be
submitted at least ten (10) days prior to the scheduled hearing date in
order to be processed in a timely manner. The Director shall issue a
subpoena on behalf of the Commission.
(D) In appeals to the Commission, the "rules of evidence" shall not be
observed.
(E) The Commission shall base its decisions on "substantial evidence."
“Substantial evidence” is evidence which a reasoning mind would accept
as sufficient to support a particular conclusion and consists of more than
a mere scintilla of evidence but may be somewhat less than a
preponderance.
Under the substantial evidence rule, as applied in administrative
proceedings, evidence is competent and may be considered, regardless
of its source and nature, if it is the kind of evidence that "a reasonable
mind might accept as adequate to support a conclusion."
011. DECISIONS AND RECORDS
Access to records of employees in the classified service including, employment
applications, background investigation records and reports, examinations and
answer sheets shall be governed by the Texas Local Government Code and the
Texas Government Code.
012. DIRECTOR
(A) APPOINTMENT - The Commission shall appoint a director who shall
be responsible for implementing these rules and administering the civil
service system.
(B) DUTIES - The Director or designee shall also act as secretary to the
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Commission and as chief examiner of tests and test appeals. The
Director’s duties include but are not limited to:
(1) Serves as Secretary to the Commission;
(2) Serves as the chief test examiner for the Commission and
supervisor of all examinations, including the preparation,
scheduling, scoring and security thereof;
(3) Recruitment and examination of applicants;
(4) Classification of positions;
(5) Sets agenda for Commission meetings;
(6) Acts as liaison and provides staff support to Commission;
(7) Determines whether any matter is appropriately brought
before Commission in a reasonable and timely fashion;
(8) Calls, schedules, reschedules, and cancels meetings of the
Civil Service Commission;
(9) Acts as records custodian as provided by Chapter 143;
(10) Acts on behalf of Civil Service Commission for actions and
issues not specifically addressed in Chapter 143 or these
rules;
(11) Recodifies Civil Service Commission rules as necessary in a
professional and timely fashion;
(12) Establishes and monitors procedures for the discipline and
termination of civil service employees;
(13) Performs such other functions as may be deemed reasonably
necessary in regard to the efficient and effective
administration of City’s civil service system; and
(14) When a specific rule does not address a particular question
or issue, it is the responsibility of the Director of the Civil
Service Commission to interpret the rules based on
circumstances, facts and issues, and take appropriate action.
013. APPOINTMENT AND REMOVAL OF DEPARTMENT HEAD
A person that has promoted through the ranks of the Fire or Police Department
to Department Head prior to the adoption of Chapter 143 continues to serve in
that position at the pleasure of the City Manager. If the Department Head is
removed, he or she is entitled to be placed in the rank or classification occupied
prior to his or her appointment as Department Head.
014. APPOINTMENT AND REMOVAL OF PERSON CLASSIFIED
IMMEDIATELY BELOW DEPARTMENT HEAD (RESERVED)
015. APPEAL OF COMMISSION DECISION TO DISTRICT COURT
(RESERVED)
016. PENALTY FOR VIOLATION OF CHAPTER (RESERVED)
017. MEETINGS OF THE COMMISSION
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The members of the Commission shall, at a date, hour, and place set by the
Commission, hold such meetings as may be required in the proper discharge of
their duties. Two members of said Commission shall constitute a quorum to
transact business. The Director may call, schedule, reschedule or cancel
meetings of the Civil Service Commission. All agenda items shall be submitted
in a manner prescribed by the Director. The Director shall have discretion to
place or not to place on the agenda any item which he/she believes the
Commission lacks jurisdiction.
All meetings of the Commission shall be open to the public and to
representatives of the press, except to the extent that executive sessions are
allowed under the Texas Open Meetings Act, Section 551 of the Texas
Government Code.
Notice of all meetings of the Commission shall be given by the Director to the
members of the Commission and an agenda shall be posted on the bulletin
board at City Hall at least 72 hours prior to any meeting. Only such topics as
are listed on the agenda may be acted upon. However, the Commission may
meet in an emergency session by complying with the provisions of the Texas
Government Code.
The Commission may, by majority vote, make rules of procedure from time to
time to implement the administration of these rules.
018. DEPARTMENT RULES
The Department Head shall adopt and promulgate written rules, regulations and
personnel policies pertaining to the operation of the Department. No such
Departmental rule shall be in conflict with the provisions of these civil service
rules. Copies of all Departmental rules, or amendments thereto, shall be
distributed to each member of the Commission, the Director, and the City
Attorney. Copies of all Department rules shall be made readily available to all
members of the Fire or Police Departments either through the intranet or upon
request.
CHAPTER B
CLASSIFICATION AND APPOINTMENT
021. CLASSIFICATION: EXAMINATION REQUIREMENT; JOB
DESCRIPTIONS
The civil service positions in the Fire and Police Departments are classified on
a basis of similarity in duties and responsibilities as shown in the list of
positions referenced and published in the pay plan for the Fire and Police
Departments in the City’s budget, adopted annually by City Council.
Only employees of the City authorized by this section shall be classified under
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civil service in the Fire or Police Department. These positions should be filled
by examination as provided in Chapter 143. All civil service personnel shall
receive the salary specified and set forth in the current City budget.
The Department Heads of their respective Departments shall develop job
descriptions for each position in each classification. The specifications for the
various classifications are to have the following force and effect:
(1) The job specifications are descriptive only and are not restrictive.
They shall indicate the kinds of positions that should be allocated to
each classification as determined by their duties, responsibilities and
qualification requirements.
(2) Titles shall be suggestive of the kind of work performed by the
incumbent of the position and indicative of the rank.
022. PHYSICAL REQUIREMENTS AND EXAMINATIONS
(A) GENERAL REQUIREMENTS:
Each applicant for entry level and promotional positions shall be required
to submit to such physical and mental tests as are reasonably necessary
and proper to determine the physical and mental ability of the applicant to
perform the essential functions required for the position sought.
Applicants who are not capable of performing the essential job functions
with reasonable accommodation or no accommodation will not be
appointed.
(B) ENTRY LEVEL APPEALS:
If an applicant is not appointed due to failure to successfully pass the
medical or psychological examination, the applicant’s appeal must be
received by the Director or designee, in writing, within 240 hours of
initial receipt of notification of rejection.
The applicant must request that the Commission appoint a board of three
(3) physicians, psychiatrists, or psychologists, as appropriate, to perform
another examination of him or her. The applicant must pay for all costs
associated with the board’s examination, and the board’s determination is
final.
023. ELIGIBILITY FOR BEGINNING POSITIONS
To the extent that employment standards for an entry-level fire fighter and
police officer as provided in the Civil Service Classification Plan exceed the
requirements of Chapter 143 and other applicable State laws, any of such entry-
level employment requirements not prescribed by State laws may be waived by
the Department Heads with the concurrence of the Director and consent of the
City Manager, when such waiver would be in the best interests of the Fire
Department or Police Department and provided further that such waiver of
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requirements shall not substantially lower the high standards sought by the
City.
If requested by the Police Chief, and with the concurrence of the Director and
City Manager, at the time the Civil Service Commission approves the eligibility
list, applicants who possess TCLEOSE certification who are on the eligibility
list may be given preference, regardless of their position on the list. Applicants
shall provide evidence of TCLEOSE certification at the time they take the test
or no later than the time the eligibility list is approved, if they seek to
demonstrate eligibility for preference.
If requested by the Fire Chief, and with the concurrence of the Director and
City Manager, at the time the Civil Service Commission approves the eligibility
list, applicants who possess a Paramedic certification who are on the eligibility
list may be given preference, regardless of their position on the list. Applicants
shall provide evidence of Paramedic certification at the time they take the test
or no later than the time the eligibility list is approved, if they seek to
demonstrate eligibility for preference.
If preference is given, applicants who possess TCLEOSE or Paramedic
certification shall be considered in the order of their test scores on the entrance
examination. After all certified applicants have been considered, the non-
certified applicants will be considered, in order of their test scores on the
entrance examination. Any changes under this Section shall be based on each
hiring process.
(A) MINIMUM ELIGIBILITY REQUIREMENTS FOR FIRE
FIGHTERS.
(1) Achieve a minimum passing score of seventy (70) percent on the
written examination;
(2) Successfully complete the physical ability test;
(3) Pass a background investigation;
(4) Pass oral interviews;
(5) Successfully complete a post-offer polygraph examination.
(6) Successfully complete a post-job offer psychological examination
and medical examination that includes passing a visual acuity test,
and physician certification that the applicant is not dependent on
and does not use illegal drugs;
(7) Be at least eighteen (18) years of age and not be thirty-six (36)
years of age or older at the time of hire;
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(8) Be a graduate of an accredited high school or have an equivalency
certificate;
(9) Have a valid Texas driver's license at the date of hire;
(10) Be a citizen of the United States by birth or naturalization, or a
permanent resident;
(11) Be able to read, write, and speak the English language;
(12) Be of good moral character;
(13) Be certified as a basic firefighter, or certifiable at time of
appointment, as established by the Texas Commission on Fire
Protection and the Texas Department of State Health Services; and
(14) Be certified as Paramedic, or if a basic firefighter at least an EMT-
Basic, or certifiable at time of appointment, by the Texas
Department of State Health Services.
(B) MINIMUM ELIGIBILITY REQUIREMENTS FOR POLICE
OFFICERS
(1) Achieve a minimum passing score of seventy (70) percent on the
written examination;
(2) Successfully complete the physical ability test;
(3) Pass a background investigation;
(4) Pass oral interviews;
(5) Successfully complete a post-offer polygraph examination;
(6) Successfully complete a post-job offer psychological examination
and medical examination that includes passing a visual acuity test,
and physician certification that the applicant is not dependent on and
does not use illegal drugs;
(7) Be at least twenty-one (21) years of age and not be forty-five (45)
years of age or older at the time of hire.
(8) Be a graduate of an accredited high school or have an equivalency
certificate;
(9) Have a valid Texas driver's license at the date of hire;
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(10) Be a citizen of the United States by birth or naturalization;
(11) Be able to read, write, and speak the English language;
(12) Be of good moral character;
(13) Shall not be prohibited from carrying a firearm or possessing
ammunition; and
(14) Be certified as a peace officer, or certifiable at time of appointment,
as established by the Texas Commission on Law Enforcement
Officer Standards and Education.
(C) CAUSE FOR REJECTION FOR FIRE FIGHTERS AND POLICE
OFFICERS
The City may reject an applicant for one or more of the following reasons
listed below. Time calculations for an action that constitutes rejection for a
specified period of time shall be calculated from the date the application
for employment is submitted by an applicant
(1) Failure of the applicant to pass any part of the entrance examinations;
(2) Conviction of or has received deferred adjudication or pre-trial
diversion for a Class A or Class B Misdemeanor under the State
Law or equivalent under federal law, to include the Uniform Code
of Military Justice (UCMJ), within the past ten (10) years.
Conviction of a Class A or Class B Misdemeanor may result in a
temporary rejection. Crimes involving moral turpitude may result
in permanent disqualification and shall be considered on a case-by-
case basis with appropriate consideration of circumstances and
recency.
Applicant has been convicted of or has received deferred
adjudication or pre-trial diversion for a felony under state or
federal law, to include the UCMJ. Conviction of a felony may
result in permanent disqualification.
Admission to any conduct that could be considered criminal shall
be considered on a case-by-case basis with appropriate
consideration of circumstances and recency.
An applicant shall not be considered for employment while
charges are pending for any criminal offense or while he/she is
currently on probation or deferred adjudication for any offense;
(3) Making or knowingly attempting to make a false statement in any
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material fact in the application, examination, or appointment;
(4) Failure to make application in the manner prescribed in the notice
of examination, and/or failure to file the application with the
Director within the time limits prescribed in the notice of
examination;
(5) If employment of the candidate would result in a violation of the
City's Personnel Policy on Employment of Relatives;
(6) Applicant is not a citizen of the United States of America by birth
or naturalization. The applicant will be disqualified until
citizenship is obtained in compliance with federal laws;
(7) Applicant fails to demonstrate his/her ability to read, write, and
fluently speak the English language. The applicant will be
disqualified until the deficiency is corrected;
(8) Applicant is unable to perform the essential functions of the
position to which he/she seeks appointment, with or without
reasonable accommodation;
(9) Failure to complete or satisfactorily meet the employment process
requirement of the respective Department, including missed
appointments, failure to return necessary paperwork, failure to
notify Department of changes in address or telephone numbers,
failure to properly complete any or all application materials, or
who otherwise fails to complete application process;
(10) Failure to meet Minimum Standards for Initial Licensure as set
forth by Texas Commission on Law Enforcement Officer
Standards and Education for peace officer candidates or fails to
meet any of the minimum requirements expressed in the rules of
the Texas Commission on Fire Protection and the Texas
Department of State Health Services for fire fighter candidates;
(11) Applicant has been dismissed or resigned in lieu of dismissal from
any employment for inefficiency, delinquency, or misconduct.
Said dismissal or termination shall be considered on a case-by-case
basis. Rejection under this provision shall be considered
permanent;
(12) Applicant has a history of unstable work, i.e., including short terms
of employment over his/her employment history; difficulty
receiving orders or working with coworkers, etc. Due to the
variables involved, each situation shall be considered on a case-by-
20
case basis. Rejection under this provision shall be temporary in
nature and an applicant shall be eligible for reapplication after a
five (5) year period;
(13) Applicant has a history of employment in an illegal occupation.
Due to the variables involved, each situation shall be considered on
a case-by-case basis. Rejection for employment in an illegal
occupation shall be permanent in nature;
(14) Applicant has exercised poor judgment skills within the past ten
(10) years. The applicant has demonstrated either immaturity or
poor judgment in the applicant’s decision-making process.
Examples of such conduct would include, but is not limited to:
attendance at a party or social function at which controlled
substances or dangerous drugs are consumed, and such activity is
known or should have been known by the applicant; silent
acceptance of known illegal conduct by others in his/her presence;
workplace behavior/decisions that adversely affect the business or
associates, with little or no objectively justifiable need for such
behavior. Rejection for this cause shall be temporary until the
applicant can demonstrate that his/her judgment skills have
developed;
(15) Applicant has demonstrated a failure to pay just debts. Due to the
variables involved, each situation shall be considered on a case-by-
case basis. Factors which shall be considered include, but are not
limited to: type and number of debts, reasons for the bad credit,
extenuating circumstances, and the potential for the credit-related
problems impacting the applicant's judgment and integrity.
Resolution of bad credit may result in re-qualification;
(16) Applicant has been discharged from any military service under less
than honorable conditions, including specifically:
(a) Under other than honorable conditions;
(b) Bad conduct;
(c) Dishonorable; or
Any other characterization of service indicating bad character;
(17) Dismissal from public service for delinquency, misconduct, or
inefficiency;
(18) Applicant has used illicit substances as indicated by the following
guidelines:
An applicant may be temporarily or permanently disqualified if it
has been determined by the City that he/she has admitted to
21
conduct which constitutes excessive and/or recent use of illicit
substance(s) or excessive use of intoxicants. Conduct involving
excessive and/or recent use of illicit substance or excessive use of
intoxicants shall be considered on a case-by-case basis with
consideration given to circumstances and recency.
An applicant may be temporarily or permanently disqualified if it
has been determined by the City that or he/she has admitted to
conduct which constitutes abuse of legally, obtained prescription
medication(s), or illegal use of the prescription medication(s) of
another person. Conduct involving the abuse and/or misuse of
prescription medication(s) shall be considered on a case-by-case
basis with consideration given to circumstances and recency.
An applicant may be permanently disqualified if it has been
determined by the City that he/she has admitted to conduct which
constitutes illegal use of felony grade substances as defined in the
Texas Penal Code; or
(19) Applicant has received deferred adjudication or pre-trial diversion
for, or has been convicted of Driving while intoxicated, Boating
while intoxicated, Flying while intoxicated or Driving under the
influence (DWI/BWI/FWI/DUI) within the past five (5) years or
more than two (2) moving violations within the past one (1) year
period or more than three (3) moving violations within the past two
(2) years. An applicant will be temporarily disqualified until
he/she can meet the above standards.
Lesser, but more severe, violations which tend to indicate driving
habits that are not compatible with the operation of emergency
vehicles and present potential liabilities to the City will be
considered on a case-by-case basis. Rejection under this provision
will be considered permanent.
024. ENTRANCE EXAMINATION NOTICE
(A) Applicants shall complete a City of Georgetown Employment
Application and other forms as prescribed by the Director, in order to
take an entrance examination. Failure to pre-register in the manner and
within the time limits prescribed in the “Notice of Entrance
Examination,” and/or failure to file the application or other supporting
documents with the Director by the specified deadline, will render the
applicant ineligible to take the examination.
(B) Any person shall be considered for appointment to a vacancy in the
classified service who has filed an application with the Director in the
22
manner specified in these rules and upon the form furnished by the
Director, and whose application has not been rejected by the Director
for cause in accordance with the provisions of these rules. The
applicant shall make the application in his/her own handwriting or in
typed form and shall certify the correctness of the facts.
(C) The Director may, because of the small number of candidates or
because of any other good and sufficient reason (e.g. death in the
immediate family, public emergency, unavailability of test site),
postpone an examination to a later date.
025. ENTRANCE EXAMINATIONS
Application for employment shall be made to the Director on the appropriate
application forms. Upon request to the Director or designee, accommodations
will be provided to applicants in accordance with the Americans with
Disabilities Act. The Director shall set forth the requirements and timelines for
receipt of the notification.
Any person shall be permitted to take the entry-level examination so long as the
applicant has not been rejected by the Director for cause in accordance with the
provisions of these rules.
The Director may, because of the small number of applicants for any position,
or because of any other good and sufficient reason, postpone an examination to
a later date. Any examination may be cancelled by the Director should its
occurrence become unnecessary because of a change in the personnel
requirements of the classified service.
The Director shall provide an eligibility list after the examination that shall
remain in effect for the number of months specified by these regulations or until
all names have been referred to the appropriate department, whichever event
occurs first.
(A) EXAMINATIONS
All examinations shall be of such nature that they will test the relative
suitability and ability of the persons examined to discharge the duties of
the particular position to which they seek appointment.
The actual conduct of every examination shall be under the direction of
the Director who shall be responsible to the Commission. The Director
shall have the authority to designate an assistant to administer tests or
examinations. No individual shall deceive or obstruct any person in
respect to his/her right of examination under the provision of these rules
and the Texas Local Government Code; or falsely mark, grade or report
the examination or standing of any person examined hereunder; or aid or
furnish any special information for the purpose of either improving or
23
injuring the rating of any such person for appointment or promotion.
Applicants shall not deceive the Commission for the purpose of
improving their chances for appointment or promotion. Any person
found to be cheating on an examination, or otherwise deceiving the
Commission for purposes of improving his or her chances for
appointment, shall be removed from further consideration and dropped
from the eligibility list. Only persons with a passing raw score (70%)
will be ranked on the eligibility list.
(1) APPLICABLE TO FIRE DEPARTMENT APPLICANTS
ONLY
(a) Each applicant who is a natural born or adopted child of a
fire fighter who died in the line of duty, upon receiving a
passing grade on the entrance examination, will be
automatically ranked at the top of that eligibility list, subject
to meeting all entry-level hiring requirements.
(b) The deceased fire fighter parent must have been employed by
a municipality covered by Chapter 143, Texas Local
Government Code.
(c) The applicant must provide the name of the deceased fire
fighter parent on his or her application. The Director will be
responsible for verifying the information relating to the line
of duty death prior to placing that applicant at the top of the
eligibility list.
(B) TIEBREAKERS
Whenever two (2) or more applicants for entrance positions attain the
same grade, the tie shall be broken in the following manner prior to
the posting of the certified eligibility list. These criteria are ranked in
order of importance.
FIRE DEPARTMENT
(1) Highest Test Score— If a tie still exists, the persons shall be
ranked in the order according to which person had the highest
examination raw score prior to the addition of Veteran’s points.
(2) Higher Certification— If a tie still exists, the persons shall be
ranked in the order according to which person has the higher
certification level as a fire fighter through Texas Commission on
Fire Protection.
(3) Years of Experience— If a tie still exists, the persons shall be
ranked in the order according to which person has the most number
of years of active paid full-time experience as a fire fighter.
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(4) Bachelor’s Degree— If a tie still exists, the persons shall be
ranked in the order according to which person possesses a
Bachelor’s degree.
(5) Associate’s Degree— If a tie still exists, the persons shall be
ranked in the order according to which person possesses an
Associate’s degree.
(6) Earliest Application Time— If a tie still exists, the persons shall
be ranked in the order according to which person has the earliest
stamped time of application.
(7) By Lot— If a tie still exists, the persons shall be ranked in the
order by lot as determined by the Director.
POLICE DEPARTMENT
(1) Highest Test Score—If a tie exists, the persons shall be ranked in
the order according to which person had the highest examination
raw score prior to the addition of Veteran’s points.
(2) Years of Experience— If a tie still exists, the persons shall be
ranked in the order according to which person has the most number
of years of active paid full-time experience as a certified peace
officer.
(3) Higher Certification— If a tie still exists, the persons shall be
ranked in the order according to which person has the higher
certification level as a peace officer through TCLEOSE.
(4) Bachelor’s Degree— If a tie still exists, the persons shall be
ranked in the order according to which person possesses a
Bachelor’s degree.
(5) Associate’s Degree— If a tie still exists, the persons shall be
ranked in the order according to which person possesses an
Associate’s degree.
(6) Earliest Application Time— If a tie still exists, the persons shall
be ranked in the order according to which person has the earliest
stamped time of application.
(7) By Lot— If a tie still exists, the persons shall be ranked in the
order by lot as determined by the Director.
(C) ENTRANCE EXAMINATION ADMINISTRATION PROCEDURES
(1) Smoking shall be prohibited at all times in the testing area.
25
(2) Check In – All applicants shall be checked in and provide proof of
identity with a valid Driver's License. No applicant shall be
admitted once test instructions start.
(3) Military Service Credit - Those persons who desire to have
military service credit of five (5) points added to a passing test
score of 70% or better, must provide a DD214 showing a minimum
of 180 total days of active military service at the time of
application and by the specified application deadline. Any
discharge other than honorable discharge is not creditable for the
purpose of this section.
(4) Failure to Appear - The applications of persons who fail to appear
for the entrance examination shall be voided and shall be disposed
of by the Director.
(5) Cancellation of entrance examination - The Director may cancel a
scheduled entrance examination for sufficient cause.
(6) Cheating - Any person taking an entrance examination who uses or
attempts to use any unfair or deceitful means to answer questions
on such an examination shall be informed by the test administrator
and the test administrator shall void that person’s exam and
remove them from the testing site. The test administrator shall
report the action to the Director or designee.
(7) Test Monitors - The Director may select a reasonable number of
persons employed by the City of Georgetown or an agency of the
State of Texas to assist in the administration, proctoring and
grading of an entrance examination.
(8) Personal History Statements - Applicants shall be given a personal
history statement to be completed and returned at a time designated
by the Department Head or designee. Failure to return this form at
the prescribed time shall constitute reason for removal from the
eligibility list.
(9) Upon request, accommodations will be provided to applicants in
accordance with the American with Disabilities Act. Applicants
who need special arrangements must submit a request in writing to
the Director or designee at a time to be determined by the Director
or designee.
(D) ELIGIBILITY LISTS
Each person on an eligibility list shall notify the Director of any change
in address. Notices sent to a person’s last known address shall be
26
considered sufficient notification.
0251. REAPPOINTMENT OF POLICE OFFICERS AFTER RESIGNATION
A classified employee who voluntarily resigns from the City of Georgetown
Police Department may be reappointed as a Police Officer with the Department, if
there is an available spot, without taking another entrance examination or being
placed on an Eligibility List. Reappointment of a classified employee is totally at
the discretion of the Police Chief.
(1) The former officer shall submit a written request to be reappointed, within
twenty-four (24) months from the date of separation, to the Police Chief,
who makes the final recommendation to the City Manager for
reappointment. A candidate for reappointment shall not be considered
unless recommended by the Police Chief. A candidate for reappointment
may not appeal his/her rejection by the Police Chief.
(2) Prior to recommending reappointment of a former classified employee to
the department, the Police Chief may review past performance records of
the officer, conduct a background investigation, require appropriate
alcohol and drug tests and require any other portion of the employment
process he/she deems appropriate.
(3) Upon receiving an offer of reappointment, the Police Officer shall pass a
physical and psychological examination prescribed by the City.
(4) A candidate for reappointment shall fully meet the requirements of the
Texas Commission On Law Enforcement Officer Standards and
Education.
(5) A candidate for reappointment may be appointed regardless of the
availability of a list of eligibles. A candidate for reappointment has
priority over candidates on a list of eligibles.
(6) In addition to the reasons for rejection listed in Section 143.023(C) of
these Rules, a candidate for reappointment may be rejected for reasons
related to previous work performance as a Georgetown Police Officer.
(7) Any candidate reappointed to the Police Department shall serve a one (1)
year probationary period and prior service shall not count toward service
for promotional eligibility.
(8) The candidate’s years of prior service may be counted to determine
placement in the salary step system.
(9) The candidate’s years of prior service shall not count for determining
vacation eligibility and rate.
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(10) Age limitations, as provided under Section 143.023(c), do not apply to re-
appointments.
026. PROCEDURE FOR FILLING BEGINNING POSITIONS (RESERVED)
027. PROBATIONARY PERIOD
The Department Head of the Police or Fire Department may, at his or her
discretion, extend the probationary period of a person who is appointed to a
beginning position in the Department for up to eighteen (18) months from the
date of appointment. This extension will only be permitted if the appointee is
required to attend a basic training academy necessary for initial certification by
the Texas Commission on Fire Protection or the Commission on Law
Enforcement Officer Standards and Education. The decision of the Department
Head is not subject to appeal under this Chapter.
028. ELIGIBILITY FOR PROMOTION (RESERVED)
029. PROMOTIONAL EXAMINATION NOTICE (RESERVED)
030. ELIGIBILITY FOR FIRE DEPARTMENT PROMOTIONAL
EXAMINATION
The length of service for determining the eligibility for taking a promotional
examination shall include the probationary period in the Fire Department.
031. ELIGIBILITY FOR POLICE DEPARTMENT PROMOTIONAL
EXAMINATION
The length of service for determining the eligibility for taking a promotional
examination shall include the probationary period in the Police Department.
032. PROMOTIONAL EXAMINATION PROCEDURE
All examinations shall be structured to test a candidate's relative capacity to
discharge the duties of the particular position.
The actual conduct of every examination shall be under the direction of the
Director, who shall be responsible to the Commission. The Director shall have
the authority to designate a designee to administer tests and/or examinations.
No individual shall deceive or obstruct any person in respect of his/her right of
examination under the provision of these rules and the Civil Service Statue; or
falsely mark, grade or report the examination or standing of any person
examined hereunder; or aid or furnish any special information for the purpose
of either improving or injuring the rating of any such person for appointment or
promotion.
No promotional candidate shall deceive the Commission for the purpose of
28
improving his/her chances for appointment or promotion. Any person acting in
this manner will be disqualified from further consideration for the position
sought, and the Department Head may take additional disciplinary action.
Employees shall complete an official ”Notice of Intent to Test” form for each
promotional examination, as prescribed by the Director, in order to take a
promotional examination. Failure to submit a completed form in the manner
prescribed in the Position Opportunity Announcement, and failure to file the
form with the Director within the time limits prescribed will render the
employee ineligible to take the examination.
To provide for a competitive promotional examination so as to better serve the
public, at least two (2) qualified candidates in the next lower position with two
years’ of service shall sit for an examination. If there are not two (2) candidates
in the next lower position, the Commission shall follow the procedures relating
to eligibility for promotional examinations outlined in Section 143.030(d) and
143.031(c) until at least two (2) qualified candidates sit for the examination.
When more than one vacancy exists at the time an examination is to be given,
the Director shall determine whether the number of examinees who have filed
Notices of Intent to Test is competitive. If necessary, the Director shall make a
recommendation to the Commission to open the examination to additional
employees, as outlined in Section 143.030(d) and 143.031(c).
The Director may, for good and sufficient reasons, postpone an examination to
a later date.
Promotional Examination Administration procedures:
(1) Smoking shall be prohibited at all times in the testing area.
(2) Check In - Candidates shall be checked in and shall provide a valid
driver's license as proof of identity. No candidate shall be
admitted once test instructions start.
(3) Failure to Appear - The applications of persons who fail to appear
for the examination shall be voided and shall be disposed of by the
Director.
(4) Cancellation of Examination- The Director may cancel a
scheduled examination for sufficient cause.
(5) Cheating - Any candidate taking an examination who uses or
attempts to use any unfair or deceitful means to answer questions
on such examination shall be informed by the test administrator
and the test administrator shall void that person’s exam.
(6) The examiner shall report the action to the Director or designee.
Any person acting in this manner will be disqualified from further
29
consideration for the position sought, and the Department Head
may take disciplinary action.
(7) Test Monitors - The Director or designee may select a reasonable
number of persons employed by the City of Georgetown or an
agency of the State of Texas to assist in the administration,
proctoring and grading of an examination.
032A. PROMOTIONAL EXAMINATION PROCEDURES FOR PERSONNEL
ON ACTIVE MILITARY DUTY
(1) For Fire and Police promotional candidates who are serving on active
military duty, outside the State of Texas or more than 200 miles from
Georgetown City Hall are eligible to take a separate promotional
examination. An examination, that is or is not identical to the
examination administered to other eligible candidates, may be
administered outside the presence of other candidates.
(2) The Director is authorized to coordinate all testing under this
subsection and may exercise discretion necessary to ensure the secrecy
of the examination and to assure proper administrative procedures are
followed.
(3) At no time will the administration of a promotional examination being
given to a promotional candidate serving on active military duty
unnecessarily interfere with ongoing military efforts.
(4) If the candidate serving on military duty takes and passes a promotional
examination, the candidate’s name shall be included on the promotional
eligibility list created nearest in time to the time at which the candidate
on active military duty took the examination.
(5) Promotional candidates must notify the Director at least 25 days in
advance of the examination of their desire to have the examination
administered off-site.
(6) All employees covered by Chapter 143, who are called to active
military duty, must notify the Director of their mailing address and/or
their e-mail addresses. The Director shall use his or her best efforts to
inform the employees serving active military duty of upcoming
promotional examinations.
033. PROMOTIONAL EXAMINATION GRADES
Whenever two (2) or more candidates obtain identical total final scores, the
following procedures will be used to break the tie and determine placement on
the final eligibility list for promotion:
30
(a) Highest Test Score – If two (2) or more candidates tie on total
final scores, the persons shall be ranked in the order according to
which person had the highest examination raw score prior to the
addition of seniority points and after the Commission’s
determination of appeals, if any.
(b) Seniority Rank – If a tie still exists, the candidates shall be
ranked in the order according to which candidate has the most
seniority in the position immediately below the position for
which the examination was given.
(c) Seniority in Department - If a tie still exists, the candidate shall
be ranked in the order according to which candidate has the most
seniority with the respective Department in a certified position,
whether interrupted or uninterrupted.
(d) Total Years as a Certified Fire Fighter or Police Officer - If a
tie still exists, the candidates shall be ranked in the order
according to which candidate has the (i) most years of
experience as a full-time, paid fire fighter for a position in a Fire
Department; or (ii) most years of experience as an active, full-
time, paid peace officer for a position in a Police Department.
(e) Total City Service - If a tie still exists, the candidates shall be
ranked in order according to which candidate has the most total
service time with the City, including time in a non-classified,
permanent position.
(f) By Lot – If a tie still exists, the candidates shall be ranked by lot
as determined by the Director.
034. REVIEW AND APPEAL OF PROMOTIONAL EXAMINATION
Upon completion of grading, each promotional candidate by himself or herself
may review his/her examination and answers, the examination grading, and the
source material for the examination in the presence of a monitor(s) designated
by the Director. Any appeal must be filed within five (5) business days after
the examination is graded. At such time that a promotional candidate submits a
written appeal to the Director, a copy of the appealed question(s) along with the
respective answer(s) from the answer key and the title and page number from
the reference materials will be given to the appellant.
The period of review of test materials begins after promotional examination
grades are posted and is limited to five (5) business days during which an
appeal must be filed. The Civil Service Commission shall receive a copy of
each appeal submitted, the appealed question(s), and the appropriate source
reference sheet(s). The appeal information shall not reveal the name of the
31
appellant, prior to the regularly scheduled Civil Service Commission meeting.
Promotional examination questions appealed to the Civil Service Commission
will be sustained, overruled, or eliminated by a ruling issued by the Civil
Service Commission.
(a) Sustain the answer key (test scores will remain as reported)
A ruling which rejects the appeal presented to the commission will
require the Director or designee to accept the answer as given on
the answer key, while grading the promotional examinations of all
eligible candidates.
(b) Overrule the answer key (the Commission will designate another
answer(s) to be accepted)
A ruling which sustains the appeal of a promotional examination
question will require the Director or designee to accept two or
more answers, as directed in the ruling, while grading the
promotional examination of all eligible candidates.
(c) Eliminate the test question (the test question will not be included)
A ruling, which rejects the test question, related to the appeal of a
promotional examination question will require the Director or
designee to disregard the question and its answer while grading the
promotional examination of all eligible candidates.
Formula for calculating scores after appeals:
The formula for calculating the promotional test scores will be as follows:
(100) / (total number of test questions used) = point value of each question
(# of total test questions) - (# of wrong questions) – (# of unanswered questions) = # of
correct questions
(# of correct questions) x (point value of each question) = score
034A PROMOTIONAL EXAMINATION APPEAL PROCEDURES FOR
PERSONNEL ON ACTIVE MILITARY DUTY
Candidates serving on military duty, who take the promotional examination
outside of Georgetown, shall be eligible to file an appeal of the examination as
provided in Chapter 143.034. The Director shall coordinate all matters related
to the review of the examination and the filing of the appeal, and may extend
the time limit for appeal upon a showing of exigent circumstances.
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035. ALTERNATE PROMOTIONAL SYSTEM IN POLICE DEPARTMENT
The Alternate Promotional System shall consist of a promotional process
involving three phases for each classification: a Written Exam (30pts), a Chief’s
Interview (10pts), and an Assessment Center (60pts).
(A) Promotional Examination Procedure:
Section 032 of the Rules and Regulations of the Firefighters’ and Police
Officers’ Civil Service Commission (Georgetown, Texas), remains in effect,
unless otherwise addressed herein.
(B) Eligibility Requirements: The following outlines promotional eligibility
requirements:
(1) Rank of Sergeant:
The promotional examination for the rank of Sergeant is open to
all police officers that have a minimum of five years full time
combined law enforcement experience as of the day prior to the
date of examination. A minimum of eighteen continuous months
of service must be completed with the Georgetown Police
Department prior to the exam date. For the purposes of this section
acceptable law enforcement experience shall only include the
following sections of the Texas Code of Criminal Procedure,
Article 2.12; (1), (2), (3), (4), (5), (6), (10), (11), (22), and (23)
provided the candidate was employed in a full time capacity for
pay.
Prior Military Service: A candidate who has served a minimum of
36 continuous months on active duty with any branch of the United
States Military provided the candidate has received an honorable
discharge or, if still assigned to active reserve status is in good
standing with his or her unit, shall receive two years of credit
towards the five year full time combined law enforcement
experience eligibility requirement.
College Requirement for Sergeant: Candidates must have 30 credit
hours from a regionally accredited college or university or
accredited via the Distance Education and Training Council
(DETC) to be eligible. If there are not at least three candidates who
meet the college requirement, eligibility shall be opened up to all
otherwise qualified candidates. The college requirement is
effective January 1, 2012.
(2) Rank of Lieutenant:
The promotional examination for the rank of Lieutenant is open to
all police officers that have served in the classification
33
immediately below the classification for which the exam is being
held a minimum of two years prior to the date of examination.
College Requirement for Lieutenant: Candidates must have 60
credit hours from a regionally accredited college or university or
accredited via the Distance Education and Training Council
(DETC) to be eligible. If there are not at least three candidates who
meet the college requirement, eligibility shall be opened up to all
otherwise qualified candidates. The college requirement is
effective January 1, 2012.
(3) Rank of Captain:
The promotional examination for the rank of Captain is open to all
police officers that have served in the classification immediately
below the classification for which the exam is being held a
minimum of two years prior to the date of examination.
College Requirement for Captain: Candidates must have a
Bachelors degree from a regionally accredited college or university
or accredited via the Distance Education and Training Council
(DETC) to be eligible. If there are not at least three candidates who
meet the college requirement, eligibility shall be opened up to all
otherwise qualified candidates. The college requirement is
effective January 1, 2012.
(C) Phase One of Alternate Promotional Exam: Written Examination
The Phase One written examination shall be weighted at 30% of the
overall promotional process and be conducted in accordance with Section
143.032 (d), (e), (f), (g), (h) and (i) of the Texas Local Government Code;
Sections 032, and 034 of the Rules and Regulations of the Firefighters’
and Police Officers’ Civil Service Commission (Georgetown, Texas),
unless otherwise addressed herein.
(1) Ties
Whenever two (2) or more candidates obtain identical total final
scores on the written exam, the following procedures will be used
in rank order to break the tie and determine placement on the Phase
One eligibility list for advancement to Phase Two:
(a) Highest Test Score – If two (2) or more candidates tie on
total final scores, the persons shall be ranked in the order
according to which person had the highest examination
raw score prior to the addition of seniority points and after
the Commission’s determination of appeals, if any.
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(b) College Education - If a tie still exists, the candidates shall
be ranked in accordance with the higher earned formal
degree from an accredited college or university (Associates,
Bachelors, Masters, PhD). If none of the tied candidates
have earned a formal degree, the candidates shall be ranked
in accordance with who has earned the most college hours
from an accredited college or university.
(c) Seniority Rank – If a tie still exists, the candidates shall be
ranked in the order according to which candidate has the
most seniority in the position immediately below the
position for which the examination was given.
(d) Seniority in Department - If a tie still exists, the candidate
shall be ranked in the order according to which candidate
has the most seniority with the respective Department in a
certified position, whether interrupted or uninterrupted.
(e) Total Years as a Certified Police Officer - If a tie still
exists, the candidates shall be ranked in the order according
to which candidate has the most years of experience as a
full- time paid peace officer for a position in a Police
Department.
(f) Total City Service - If a tie still exists, the candidates shall
be ranked in order according to which candidate has the
most total service time with the City, including time in a
non-classified, permanent position.
(g) By Lot – If a tie still exists, the candidates shall be ranked
by lot as determined by the Director.
(2) Rank Order
A minimum raw score of 70% is required to pass Phase One.
Those candidates acquiring a score of less than 70% will be
eliminated from the process. Those candidates passing the written
exam with a minimum of 70% shall have seniority points added to
their raw score (after any ties are resolved) as follows:
(a) One point for each full year of full time law enforcement
service (up to 10 years) with the Georgetown Police
Department.
(b) Additional months of service not amounting to a full year
shall be prorated at .083 per month and rounded to the
nearest tenth.
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(3) Phase One Scoring
The Phase One Written Exam is worth a total of 30% (30pts) of the
overall promotional process score. It is possible to achieve a Phase
One score of greater than 30 points once seniority points are
assessed.
(4) Eligibility for Phase Two & Three
The Civil Service Director shall, within 24 hours of the completion
of Phase One, post the final scores in rank order from highest to
lowest in the main lobby at city hall and within the common area
of the police department. Only the top seven candidates for each
classification will proceed to Phase Two and Three.
(5) Review & Appeal of Phase One
Review and appeal of Phase One of the Alternate Promotional
System shall be in accordance with Section 143.034 of the Texas
Local Government Code and shall be conducted within five (5)
business days of the completion of Phase One.
D. Phase Two: Chief’s Interview
Phase Two shall occur no sooner than the conclusion of Phase One
appeals and no later than 30 business days from the date of the Phase One
examination. The top seven (7) candidates will proceed to the Chief’s
Interview.
The Chief’s interview shall consist of two components: the submission of
a professional resume and a structured interview. Phase Two is worth 10
pts.
Professional Resume
For the first portion of the Chief’s Interview each candidate shall submit to
the Chief of Police a professional resume outlining their professional
experiences and education, which makes them competitive for the position
being sought. The resume portion of the Chief’s Interview shall be graded
based upon substantive content, creativity, and overall presentation. The
resumes shall be delivered to the office of the Chief of Police no later than
two business days prior to the scheduled interview. The professional
resume portion of the Chief’s Interview is worth 5 pts.
Structured Interview
The second portion of the Chief’s Interview will consist of a structured
oral interview. The Chief shall ask standardized questions of all
candidates commensurate for the position being sought and may ask
questions relevant to the provided resume. The structured interview
portion of the Chief’s interview shall be graded based upon the quality and
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depth of answers. The structured interview portion of the Chief’s
Interview is worth 5 pts.
(1) Review & Appeal of Phase Two
Phase Two is not appealable.
(2) Phase Two Scoring
The Phase Two Chief’s Interview is worth a total of 10% (10pts)
of the overall promotional process score. At the conclusion of
Phase Two the Chief of Police shall submit scores to the Director
of Civil Service within two business days. The Director of Civil
Service shall update and post the eligibility list in rank order within
two business days of receipt of Phase Two Scores.
E. Phase Three of Alternate Promotional Exam: Assessment Center
Phase Three shall occur anytime upon completion of Phase Two, however,
not more than 30 business days from the date of the Phase Two
examination. The Civil Service Director and the Department Head shall
mutually agree upon an independent contractor to facilitate the assessment
center. The contractor shall be independent of the Georgetown Police
Department and the City of Georgetown. The contractor shall be an
individual or company with the proven expertise in conducting such
assessments.
(1) Assessment Center Design
(a) The contractor will develop an assessment instrument
commensurate for the classification sought and shall
consist of no less than four (4) performance exercises that
test and allow for the objective evaluation of the candidates
possession of the following attributes including but not
limited to:
Leadership
Decisiveness
Self Initiative
Adaptability
Interpersonal Skills
Written Communication Skills
Problem Analysis
Problem Solving
Critical Thinking
Judgment
Planning and Organizing
Risk Management
Technical Proficiency
Tactical Proficiency
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(b) The performance exercises shall be appropriate for the
classification being tested for and may include but not
limited to:
Oral Presentations
Leaderless Group Exercises
Prioritization Exercises
Structured Interviews
Written Exercises (Analysis, Proposal, etc)
Role Play Exercises
Tactical Exercise
(c) Neither the Department Head nor the Civil Service Director
will be directly involved in the design of the assessment
instrument other than the prerequisite interaction and
dialogue with the contractor necessary to facilitate an
effective and efficient assessment and in order to meet the
contractor’s informational needs for design.
(d) The contractor will make available an orientation to all
candidates not more than 15 days nor less than 12 hours prior
to the first day of the assessment. The orientation shall be
designed to ease anxiety about what to expect from the
assessment without revealing the totality of the instrument
itself.
(2) Assessor Selection
The contractor will select as many assessors as necessary to
facilitate the assessment within the following parameters:
(a) The contractor will adequately train the assessors in their
roles and responsibilities as assessors.
(b) Assessors selected by the contractor must be approved by
both the Department Head and the Civil Service Director
and must have the appropriate experience and educational
background to evaluate the classification for which they are
assessing.
(c) There must be two (2) commissioned law enforcement
officer assessors for every one (1) civilian assessor
appointed by the contractor.
(d) At least one (1) commissioned law enforcement member
shall be the same rank as the classification being assessed.
All other assessors shall be the same rank or higher than the
classification being assessed.
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(e) Each assessor will certify by a written, sworn, and
notarized affidavit that he or she has not and will not talk to
or correspond with ANY PERSON about any candidate’s
abilities, personality, or qualifications for promotion, prior
to and during participation in the assessment center
process. The assessor must further stipulate that he or she
has no direct relationship with any candidate, other than
professional, that would interfere with the assessor’s
objectivity in providing a fair, balanced, and impartial
evaluation of the candidate.
(f) Each candidate will certify by a written, sworn, and
notarized affidavit that he or she has not and will not talk to
or correspond with ANY PERSON about any candidate’s
abilities, personality, or qualifications for promotion, prior
to and during participation in the assessment center
process.
(g) Assessors will not exceed a ten (10) hour work day
(including lunch).
(h) No observers other than the contractor and/or designee, the
Department Head, and Director of Civil Service shall be
allowed during the assessment center.
(i) Upon completion, the contractor shall provide each
candidate a written performance evaluation. The
evaluation shall at minimum highlight the candidate’s
strengths and weaknesses as observed throughout the
process. Each candidate may further review his or her
process scores.
(3) Phase Three Scoring
The Phase Three Assessment Center is worth a total of 60%
(60pts) of the overall promotional process score.
(4) Review & Appeal of Phase Three
Review and appeal of Phase Three of the Alternate Promotional
System shall be in accordance with Section 143.034 of the Texas
Local Government Code, shall be conducted within five (5)
business days of the completion of Phase Three, and the appeal
must be limited in scope to the actual assessment instrument itself
(i.e. relevance and validity of specific exercises). The subjective
opinions of assessors regarding candidate performance are not
appealable to the Civil Service Commission.
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F. Final Alternate Promotional Process Score
(1) Final scoring from each phase shall be given to the Civil Service
Director for tabulation. Each candidate’s final score shall be the
sum of scores from Phases One, Two, and Three as follows:
Written Examination Possible: 30 pts
Chief’s Interview Possible: 10 pts
Assessment Center Possible: 60 pts
Total Score Max: 100 pts
(2) The Director shall place candidates on an eligibility list according
to their total score, highest to lowest. Should a tie exist it shall be
broken by the process outlined in Phase One.
G. Eligibility List
The Civil Service Director shall, within 24 hours of the completion of
Phase Three, post the final scores in rank order from highest to lowest in
the main lobby at city hall and within the designated common area of the
police department.
H. Promotions
The Department Head shall promote from the eligibility list in accordance
with Section 143.036 of the Texas Local Government Code.
I. Application of Alternate Promotional System to Personnel on Active
Military Duty
(1) Promotional candidates serving on active duty during the time in
which Phase One of a promotional exam is administered will be
facilitated in accordance with Section 143.032 of the Texas Local
Government Code and Sections 032A and 34A of the Rules and
Regulations of the Firefighters’ and Police Officers’ Civil Service
Commission (Georgetown, Texas) and will be administered and
facilitated by the Civil Service Director.
(2) Should an active duty candidate score in the top seven and be
eligible to continue to Phases Two and Three, the remaining six
candidates shall proceed through the process as outlined herein.
When the active duty candidate returns to employment from active
service the Civil Service Director shall, within 60 days, facilitate
and supervise the administration of Phases Two and Three, which
may or may not be identical to the processes administered to the
other candidates.
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(3) After the returning active duty member completes Phases Two and
Three and all appeals processes outlined herein, the Civil Service
Director shall establish a new eligibility list.
036. PROCEDURE FOR MAKING PROMOTIONAL APPOINTMENTS
(RESERVED)
037. RECORD OF CERTIFICATION AND APPOINTMENT (RESERVED)
038. TEMPORARY DUTIES IN HIGHER CLASSIFICATIQN
The Department Head may prescribe methods for selecting and making
assignments to temporarily fill a position in the next higher classification.
CHAPTER C
COMPENSATION
041. SALARY (RESERVED)
042. ASSIGNMENT PAY (RESERVED)
043. FIELD TRAINING OFFICER ASSIGNMENT PAY (RESERVED)
044. CERTIFICATION AND EDUCATIONAL INCENTIVE PAY
(RESERVED)
045. ACCUMULATION AND PAYMENT OF SICK LEAVE AND OTHER
BENEFITS
An employee who is temporarily suspended or indefinitely suspended must
exhaust all appeal rights before the City is obligated to pay any accumulated
sick leave as prescribed under Chapter 143. The City will not authorize
withdrawals from the Texas Municipal Retirement System (TMRS) unless the
employee submits a written resignation and terminates employment with the
City of Georgetown.
All police officers and fire fighters in the classified service shall accrue 120
hours per year of sick leave and shall not be paid more than 720 hours of sick
leave upon termination of employment.
For those members of the Fire Department who are scheduled to work 56 hours
a week on an annual basis, payments shall not be based upon more than 1,080
hours of accumulated sick leave.
046. VACATIONS
An employee who is temporarily suspended or indefinitely suspended must
exhaust all appeal rights before the City is obligated to pay any accumulated
vacation pay as prescribed under Chapter 143.
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047. SHIFT DIFFERENTIAL PAY (RESERVED)
CHAPTER D
DISCIPLINARY ACTION
051. CAUSE FOR REMOVAL OR SUSPENSION
The following are declared to be grounds for removal or suspension of any
employee from the civil service in the City of Georgetown:
(1) Indictment, deferred adjudication, pre-trial diversion, or other deferred
disposition, or conviction of a felony, State Class A or B
misdemeanor, federal misdemeanor, or other crime involving moral
turpitude;
(2) Violation of the provisions of the Charter of the City of Georgetown;
(3) Acts of incompetence or the inability or failure to perform essential job
duties;
(4) Neglect of duty;
(5) Discourtesy to the public or to fellow employees;
(6) Acts showing a lack of good moral character;
(7) Drinking intoxicants while on duty or intoxication while off duty;
(8) Conduct prejudicial to good order;
(9) Insubordination;
(10) Refusal or neglect to pay City taxes;
(11) Refusal or neglect to pay other just debts;
(12) Absence without leave;
(13) Shirking of duties;
(14) Cowardice;
(15) Violation of any of the rules and regulations of the Police or Fire
Department; of special orders, as applicable; of these rules and
regulations; or of any of the City Personnel policies and regulations; or
42
of any other City Ordinance or Policy applicable to Police and Fire
Department employees.
52. DISCIPLINARY SUSPENSIONS
(A) GENERAL PROVISIONS
(1) An employee may be suspended for violation of:
(a) An applicable provision of Chapter 143, Texas Local
Government Code;
(b) An applicable rule or regulation duly adopted by the Civil
Service Commission of Georgetown;
(c) Fire Department Standard Operating Guidelines or Police
Department General Orders;
(d) The City of Georgetown Personnel Policies; or
(e) Any other City Ordinance or Policy applicable to Police and
Fire Department employees.
(2) Prior to imposing a suspension, the Department Head may use
lesser forms of disciplinary or corrective action. However, nothing
herein shall prohibit the Department Head from proceeding
directly to the appropriate level of discipline without using
progressive discipline, if in the opinion of the Department Head,
the employee’s misconduct warrants more severe disciplinary
action.
(B) WORKING OFF SUSPENDED TIME
The provisions of this Section shall apply solely to a suspension, which is
agreed to by the employee and no appeal to the Commission or to a
Hearing Examiner may be instituted on a suspension where the employee
has agreed to the suspended time.
(1) A classified employee in the Police Department who is suspended
less than 120 hours in the Police Department or less than 60 hours in
the Fire Department may, upon the employee’s request and at the
respective Department Head’s discretion, forfeit vacation designated
by the Department Head for a period equal to the time of the
suspension. The employee shall be required to work on the forfeited
vacation days.
(2) The employee shall have his/her vacation leave accumulated balance
deducted in an amount equal to the suspension to qualify for this
provision. In order to request Working Off Suspended Time, the
suspended employee shall make a written request to the respective
Department Head within 240 hours after receiving the Notice of
Suspension. Failure to make a written request to the Department
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Head within the allotted time shall result in an employee not being
eligible for the provisions of this Section.
53. APPEAL OF DISCIPLINARY SUSPENSION
(A) SCOPE OF MATTERS SUBJECT TO APPEAL
(1) MATTERS SUBJECT TO APPEAL—The following matters are subject
to appeal:
(a) Indefinite suspension;
(b) Temporary suspension;
(c) Demotion (except as to demotions under § 143.014); and/or
(d) Promotional passover.
If an action is subject to appeal, the employee may file an appeal. In the event
of an appeal, the employee shall give written notice to the Director as provided
under Section 143.010. If the appeal is timely and valid, the Director shall
arrange to have an appeal hearing placed on the Commission’s agenda, or obtain
a panel of Independent Third Party Hearing Examiners, as provided under
Section 143.057.
(2) Employee dissatisfaction resulting from a transfer or reassignment of
duties shall not constitute grounds for disciplinary appeal procedures.
(3) Employee dissatisfaction resulting from a discretionary policy decision
or policy matters, , shall not constitute grounds for disciplinary appeal
procedures.
(4) An employee who has voluntarily resigned or retired from his/her
position thereby forfeits all rights to the disciplinary appeal processes.
(5) An employee may voluntarily enter a written agreement that expressly
evidences his/her intent finally to resolve the issue(s) of any type of
disciplinary action imposed. The agreement shall also include a
statement that the employee waives all rights to further proceedings in
the disciplinary appeal processes.
(B) OPTIONS FOR DISCIPLINARY HEARINGS
(1) At any time after filing the original notice of appeal but before either
party has incurred third party hearing examiner expenses; an employee
may withdraw the original request for the independent third party
hearing examiner and submit the appeal to a hearing before the
Commission. The election must be made in writing and filed with the
Director’s office. However, this election may not be used to
manipulate the thirty (30) day hearing deadline imposed on
Commission decisions by Chapter 143.
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(2) At any time after filing of the notice of appeal, the parties may
mutually agree to withdraw the appeal from an independent third party
hearing examiner and submit the appeal to a hearing before the
Commission. The mutual agreement must be made in writing and filed
with the Director’s office.
(C) DIRECTOR TO COORDINATE ALL MATTERS
(1) The location and accommodations for all hearings and appeals shall be
arranged by the Director.
(2) All subsequent matters raised by either party regarding attendance,
scheduling, requests for subpoenas, request for continuance, etc., shall
be coordinated through the Director. All such information shall be
provided to the Director who shall then provide copies of same to the
opposing party or representative and also coordinate the appropriate
response or action to be taken. In a hearing coordinated by an outside
agency, that agency shall also provide coordination services between
the parties and the hearing examiner in conjunction with the Director’s
office.
(D) EXPENSE AND COSTS
(1) The appropriate amount as well as payment of all costs and expenses
may be determined and collected by the Director. Generally, the
employee will be required to pay for one-half the costs of the hearing
examiner and any other fees assessed by the American Arbitration
Association (AAA) or other outside agency. An employee may receive
an estimate of anticipated costs upon written request to the Director.
(2) When applicable, the State law governing the doctrine of “mitigation
of damages” will be applied in computing reimbursements or the offset
for an award of back pay.
(E) FAILURE TO ATTEND SCHEDULED HEARING
The failure of a party to attend a scheduled appeal hearing, or to file a
timely request for a continuation of the hearing to a later date, shall not
in itself prevent the hearing from proceeding as scheduled nor prevent
the Commission from proceeding to take such action as may be
appropriate. Requests for continuation of the hearing to a later date
must be filed with the Director at least three business days prior to the
date and time of the scheduled hearing. Requests for continuance must
be date(s) specific and must address the thirty (30) day hearing
deadline imposed on Commission decisions as required by Chapter
143. The thirty (30) day Commission Decision deadline will be
enforced unless the appealing party and Commission can agree on new
45
dates.
(F) EMPLOYEE AND DEPARTMENT REPRESENTATIVES
(1) The hearing process shall recognize the right of employees as well as
the Department to be represented by one or more persons throughout
the proceedings of a disciplinary appeal. However, only one
representative shall be allowed to speak or otherwise present evidence
on behalf of either party throughout the questioning of a particular
witness.
(2) Employee and Department representatives shall use their best efforts
to conclude all proceedings smoothly, expediently, and as fairly as
possible to all concerned.
(3) The function of the representatives shall be to articulate the best
interests of the employee or the Department represented and to make
their presentations pertinent to the issue(s) being considered.
Dissatisfaction with a representative shall not constitute grounds for
modification of the final ruling.
(4) All representatives or employees who represent themselves shall
become familiar with and follow these rules and regulations at all
times during the disciplinary appeal process.
(5) Any problems or concerns regarding the manner in which the opposing
party or their representative is handling a particular disciplinary appeal
should be brought to the attention of Director. The difficulty will be
expeditiously addressed.
(G) EXCHANGE OF DOCUMENTATION AND IDENTITY OF
WITNESSES
(1) The Texas Rules of Civil Procedure, the Texas Rules of Criminal
Procedure, and all other rules of court regarding what is commonly
known as “discovery” shall not apply to any civil service proceedings.
Mediation and arbitration rules and processes do not apply to any civil
service hearings.
(2) Parties who request photocopies of documents from the opposing party
should be accommodated if such requests are reasonable. Items from
departmental policies, rules and regulations manual may be
photocopied upon request, and payment of applicable copying charges.
Items such as Accident Review Board recommendations, time and
attendance records, duty status forms and other such documents may
also be provided so long as they are relevant to the employee and the
46
disciplinary action under appeal.
(3) Employees and their representatives may obtain copies of matters
contained in the employee’s own personnel and departmental files
after the employee has signed the appropriate release form(s).
(4) Before requesting a subpoena duces tecum for the production of
documentation material, a party shall first make a request for the
materials directly to the other party and allow a reasonable time for a
response. If the request is refused or otherwise not produced, then a
request may be made to the Commission to issue the subpoena duces
tecum. Requests for subpoenas shall be completed at least ten (10)
days prior to the scheduled hearing date in order to be processed in a
timely manner.
(5) All requests for subpoenas to compel the attendance of a witness shall
be coordinated through the Director’s office. Requests for subpoenas
shall be completed at least ten (10) days prior to the scheduled hearing
date in order to be processed in a timely manner. The Director may
issue subpoenas on behalf of the Commission.
(H) FORMAT OF APPEAL HEARINGS
The format for an appeals hearing before the Commission will be as
follows:
(1) Both parties may be allowed to make brief opening statements.
(2) The City’s (Department’s) case:
(a) Direct testimony of witness
(b) Cross-examination of witness
(c) Redirect
(d) Additional questions, if any, by Commission
(3) Employee’s response:
(a) Direct testimony of witness
(b) Cross-examination of witness
(c) Redirect
(d) Additional questions, if any, by Commission
(4) Rebuttal by City /Department, if any:
(a) Direct testimony of witness
(b) Cross-examination of witness
(c) Redirect
(d) Additional questions, if any, by Commission
(5) Short argument, summary by City
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(6) Short argument, summary by employee
(7) Rebuttal by City
(8) Deliberation by the Commission in executive session.
(9) Decision—rendered by public vote.
(I) HEARING PROCEDURES
(1) At the scheduled time and place, the hearing shall be called to order.
(2) All parties shall come to the hearing prepared and ready to proceed
so as to minimize any disruption of the hearing process. All parties
shall bring at least six (6) copies of all documents or exhibits to be
considered by the Commission at the hearing.
(3) A record of the proceedings, capable of clear and accurate
reproduction or transcription, shall be made and maintained by the
Director.
(4) After being called to order but prior to the beginning of testimony or
evidence, consideration shall be made as to any pre-hearing motions,
requests or jurisdictional matters as submitted by either party. The
participants shall also seek to obtain as many stipulations as possible
as to non-contested or non-material matters. The Commission may
“carry” such pre-hearing motions until the hearing is completed and
all factual evidence has been presented before making its final ruling
thereto.
(5) Unless waived by the participants, the hearing shall then proceed
with the reading into the record the statement of charges and
specifications as well as factual summary of the operative events as
filed with the Commission by the Department Head and which forms
the basis of the disciplinary action imposed on the employee.
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(6) The hearing shall then proceed to develop the evidence and
testimony as to those contested matters.
(7) The Department shall go first in the presentation of evidence and
testimony. Thereafter, the employee shall have the opportunity to
respond with his/her own evidence, witnesses or testimony.
Thereafter, the Department may come forward with rebuttal
evidence or testimony as may be necessary. Presentations by both
parties shall be as brief and as closely related to the issue(s) as much
as is possible. Throughout the proceedings, Commission members
may also ask questions as needed in order to aid their consideration
of the testimony or evidence.
(9) Witnesses may be sworn and their testimony taken under oath or
affirmation. Witnesses are subject to reasonable and relevant cross-
examination by the opposing party.
(10) Upon request by either party, the hearing process may utilize what is
commonly known as “the Rule” concerning oral testimony, meaning
that all persons who shall be expected to testify at the hearing, other
than the parties and their representatives, shall not be allowed to
observe or listen to any of the proceedings except when they are
actually testifying as a witness. “The Rule” may be used to ensure
one witness’ testimony is not influenced by another’s testimony.
While under “the Rule,” potential witnesses shall not discuss any
aspect of the appeal or hearing except with the attorneys or the
representative involved. Invoking “the Rule” is not mandatory and
may be waived in whole or in part by agreement.
(11) The Chair shall exercise reasonable control over the questioning of
witnesses and the presentation of evidence so as to:
(a) effectively ascertain the truth;
(b) keep such presentations relevant to the issues to be
determined;
(c) avoid the needless consumption of time and expense; and
(d) protect the witnesses and employees from harassment or
undue embarrassment.
(12) The parties and their respective representatives shall cooperate in
keeping all presentations as brief and to the point as possible. Long
drawn-out sessions shall be discouraged. The Commission may
establish time limits for presentation of each side of the case.
(13) All hearings must remain business-like and focus upon resolution of
factual matters. Hearings shall not be a time for accusations, threats,
speeches or arguments. The Commission shall have the discretion to
49
adjourn any meeting, which deteriorates into a “shouting match” or
where fruitful dialogue ceases.
(14) The Commission shall have the discretion to control the length of
time of any particular session as well as the amount of time provided
for recesses, breaks, lunch hours, etc.
(15) Before adjourning, the Commission may adjourn to executive
session for deliberation. Thereafter, the Commission shall reconvene
in open session and shall, upon motion and second, make its
decision. Thereafter, a written order containing it shall be prepared
and signed by the Commissioners prior to adjourning the hearing.
(J) RULES OF EVIDENCE
(1) Technical rules of evidence shall not apply nor control the conduct
of any hearing. The Texas Rules of Court and the Texas Rules of
Evidence shall not apply nor govern any aspect of any civil service
proceeding.
(2) The scope of evidence to be considered at a disciplinary hearing
shall be generally limited to matters relevant to the statement of
charges as set forth in the department’s written statement, the
employee’s notice of appeal as well as the employee’s previous
employment record with the department.
(3) Either party may offer such relevant evidence as he/she may desire
to aid in the determination of material disputed issues.
(4) It shall be the province of the Commission to ultimately determine:
(a) The admissibility of any particular evidence of testimony;
(b) The relevance or non-relevance of any particular evidence or
testimony;
(c) The credibility, or lack thereof, of any particular evidence or
testimony; and
(d) The materiality or “weight” to be given to any particular
evidence or testimony.
(5) Subject to limited exceptions for compelling reasons shown by a
party, the Commission may refuse to hear or consider any testimony
or item of evidence if:
(a) A party has deliberately withheld previously known and
duly requested evidence from the other party until the
hearing, and that evidence should have been previously
produced as per these rules; or
(b) The hearing has been closed.
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(6) The Commission may receive and consider the evidence of witnesses
by affidavit and assign same such weight as it deems proper after
consideration of objections, if any, made to its admission.
(7) On-site inspections shall be discouraged and may be conducted only
if the evidence to be considered cannot be otherwise presented via
stipulations, photographs, videotapes, maps, diagrams, etc.
(8) All evidence and testimony shall be presented and received into the
record while in open session.
(K) ISSUES TO BE DETERMINED IN DISCIPLINARY APPEALS
(1) The Department Head must establish the violation(s) by a
preponderance of evidence standard.
(2) It shall be recognized that prior to imposing any form of discipline,
the Department Head may use lesser forms of disciplinary or
corrective action. However, the failure to utilize “progressive
discipline” shall not in itself be grounds to overturn or otherwise
modify a Department Head’s decision to proceed directly to the
appropriate level of discipline if the employee’s misconduct warrants
such disciplinary action including indefinite suspension. Progressive
discipline need not always apply and the seriousness of a single
offense may negate a previously unblemished record.
(3) The hearing shall provide the employee every reasonable
opportunity to produce objective evidence and/or testimony to
develop:
(a) That the employee did not commit the misconduct as alleged,
i.e., “the allegations are not true”; or
(b) That even if the employee committed the acts as alleged, that
such activity does not constitute actionable misconduct; or
(c) That even if the employee committed actionable misconduct,
that the degree of discipline imposed is too harsh or severe,
i.e. the disciplinary action imposed was “unreasonable,
arbitrary or capricious”; or
(d) A combination of any of these matters would justify or
compel modification of the department head’s action.
(4) An employee’s mere disagreement or difference in opinion in regard
to the Department’s actions or reasoning shall not constitute grounds
to overturn nor modify the disciplinary action.
(5) If the hearing establishes one valid charge of misconduct supported
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by evidence sufficient to establish its truth, that charge shall be
sustained even if the evidence at the hearing does not support other
charges in the letter of disciplinary action.
(L) FINDINGS AND ORDERS OF THE COMMISSION
(1) As a result of the evidence and testimony presented at the hearing,
the Commission shall vote and issue a decision on the matter via a
written statement finding the truth of the specific charge(s) against
the employee, or a written statement finding that the specific
charge(s) against the employee are not true.
(2) In the event that all of the charge(s) of misconduct against the
employee are found to be “not true,” then the final order and ruling
shall be promptly to restore the employee to the employee’s proper
position or status without penalty.
(3) In the event that specific charges of misconduct against the
employee are found to be “true,” then the final order and ruling shall
clearly state whether the employee is:
(a) Permanently dismissed from the Department; or
(b) Temporarily suspended from the Department and shall then
set forth the definite time period and conditions of
suspension which shall be imposed.
(4) The final written ruling on all disciplinary appeals shall also include
such other matters so as to finally and clearly resolve the issues
under consideration, particularly to resolve questions concerning:
(a) The employee’s resulting employment status;
(b) Back pay and other employment benefits; and
(c) Mitigation of damages.
(5) If modifying the disciplinary action of the Department, the final
order shall clearly explain in writing the factors and rationale for
doing so. If affirming the disciplinary action of the Department, it
shall be presumed to be for the same reasons and facts as presented
by the Department unless otherwise indicated.
(6) The Commission may consider matters involving questions of
applying Chapter 143 to facts or events that may arise during the
disciplinary appeal process and that are outside the scope of the
Department’s statement of charges or the employee’s notice of
appeal, to the extent permitted by law.
(7) The final ruling and order of the Commission may be made by the
majority vote of two of the three Commissioners present. If only
two Commissioners are present, the final ruling and order must be
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made in agreement by both Commissioners present.
(8) A copy of the Department’s disciplinary action, a copy of the
employee’s request for appeal, the record of the proceedings, a
copy of the exhibits submitted together with a copy of the final
decision shall be filed in the Commission record. The Commission
may cite these records as reference material in subsequent
determinations.
054. DEMOTIONS
The Commission’s consideration of a Department Head’s recommendation for
demotion does not require an evidentiary hearing. If the Commission determines
that probable cause exists for a recommended demotion, the Director’s
notification of hearing to the employee will include the hearing examiner option
under Chapter 143.
After the Commission has determined that probable cause does exist for a
requested demotion and has provided the employee with written notice of
hearing as per Chapter 143, the action for appeal of the demotion may be
conducted according to the same hearing procedures as set forth herein for all
other disciplinary actions or as expressly provided otherwise in Chapter 143.
055. UNCOMPENSATED DUTY OF POLICE OFFICERS (RESERVED)
056. PROCEDURES AFTER FELONY INDICTMENT OR MISDEMEANOR
COMPLAINT
Conviction or deferred adjudication of a felony shall result in the employee
being terminated from his or her position. No hearing before the Civil Service
Commission or Independent Hearing Examiner will be provided.
057. HEARING EXAMINERS
APPEALS TO INDEPENDENT THIRD PARTY HEARING
Disciplinary actions concerning an indefinite suspension, suspension, a
promotional passover, or a recommended demotion are appealable to Hearing
Examiners. When an employee requests the appeal to a Hearings Examiner, the
employee filing the appeal shall strike the first name from the list of possible
hearing examiners.
(1) At the time that the Director submits the parties’ agreed date(s) for the
hearing, the Director shall also forward to or see that the Hearing
Examiner has the following materials:
(a) A copy of these Civil Service Commission Rules and Regulations:
(b) A copy of Chapter 143; and
(c) A copy of the applicable City Policy and Procedure , Police or Fire
Department Rules and Regulations alleged to have been violated.
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(2) The Director shall thereafter coordinate with the parties and the agency
sponsoring the Hearing Examiner as to all matters regarding scheduling,
place of hearing, accommodations, etc.
(3) The rule-making power and authority of the Civil Service Commission is
in no way conferred upon and/or delegated to any Hearing Examiner,
either by implication or otherwise.
(4) In every disciplinary appeal conducted under Chapter 143, the Hearing
Examiner shall have the “same duties and powers” as would the
Commission, including the right to issue subpoenas to compel the
attendance of a witness.
(5) A disciplinary proceeding conducted by a Hearing Examiner instead of
the Commission shall not be conducted or resolved via arbitration or
arbitration processes. An employee’s election of appeal to a Hearing
Examiner shall not constitute a right or an agreement to submit the
appeal to arbitration or arbitration processes.
The Hearing Examiner is to conduct a hearing fairly, objectively and
impartially under the provisions of Chapter 143 and these Rules and
Regulations. The Hearing Examiner is to render a fair and just decision
based solely on the evidence presented in the hearing. The scope of
evidence to be considered at the hearing shall be generally limited to
matters closely relevant to the charges of misconduct as set forth in the
department’s written statement and the employee’s notice of appeal as
filed with the Commission as well as the appealing party’s previous
work record with the department.
(6) All hearings conducted by Hearing Examiners shall also be recorded so
as to be capable of clear and accurate reproduction or transcription. The
Director will coordinate with the Hearing Examiner for use of City
equipment for this purpose.
(7) After the close of evidence and testimony a Hearing Examiner may
deliberate and thereafter enter the ruling either in the same manner as the
Commission or as per Chapter 143.
(8) If a situation arises pertaining to the administration process of selecting a
Hearing Examiner, or meeting notices, or request for rescheduling,
refusal, conflict or interest, etc., and the situation is not provided for
Chapter 143 or in these Rules and Regulations, then the parties and the
Director shall attempt to mutually resolve the situation by agreement. If
the matter is not one capable of being reasonably resolved by agreement
then the Director may refer the matter to the administrative processes of
the entity sponsoring the Hearing Examiner to resolve the situation
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within their own processes.
(9) If a Hearing Examiner has been initially selected but is thereafter
objected to or is asked to be excused by a party, both parties may
mutually agree to excuse the Hearing Examiner and thereafter request a
new list of qualified and neutral Hearing Examiners and start the
selection process over again. If no such agreement can be reached, then
both parties shall prepare a written statement including their requests and
reasoning therefore which shall be submitted to the Director. The
Director shall then transmit it to the agency sponsoring the Hearing
Examiner, which shall then resolve the dispute according to its own
administrative processes. The response shall either excuse the Hearing
Examiner or thereafter provide a new list or it shall provide a written
statement of reasons why the Hearing Examiner was not excused.
CHAPTER E
LEAVES
071. LEAVES OR ABSENCE: RESTRICTION PROHIBITED (RESERVED)
072. MILITARY LEAVE OF ABSENCE (RESERVED)
073. LINE OF DUTY ILLNESS OR INJURY LEAVE OF ABSENCE
(RESERVED)
074. REAPPOINTMENT AFTER RECOVERY FROM DISABILITY
(RESERVED)
075. MILITARY LEAVE TIME ACCOUNTS (RESERVED)
CHAPTER F
MISCELLANEOUS PROVISIONS
081. DETERMINATION OF PHYSICAL AND MENTAL FITNESS
All employees must continually remain in such physical and mental condition
as to be capable of rendering safe and efficient service to the City and
performance of the duties and essential functions of the appropriate
Department.
All employees shall be required to submit to a psychological or physical
examination where there exists some reasonable basis to believe that the
individual’s mental or physical fitness for duty is an issue. Determination of the
employees' mental and/or physical fitness for duty shall not be subject to
Commission or Hearing Examiner’s review. The findings of the medical panel
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as outlined in Chapter 143 shall be determinative and final.
082. EFFICIENCY REPORTS
The Department will participate in the established procedures and rules for
performance evaluations in conjunction with City Personnel Policy.
083. EMERGENCY APPOINTMENT OF TEMPORARY FIRE FIGHTERS
AND POLICE OFFICERS (RESERVED)
084. CIVIL SERVICE STATUS AND PENSION BENEFITS FOR CERTAIN
FIRE FIGHTERS AND POLICE BENEFITS (RESERVED)
085. FORCE REDUCTION AND REINSTATEMENT LIST (RESERVED)
086. POLITICAL ACTIVITIES (RESERVED)
087. STRIKE PROHIBITION (RESERVED)
088. UNLAWFUL RESIGNATION OR RETIREMENT (RESERVED)
089. PERSONNEL FILE (RESERVED)