Texas Civil Service Exam Chapter 143 Civil Service Law 5 — Questions and Answers
Question 1: Under Chapter 143, what mechanism allows a municipality to adopt a different civil service system in place of the standard Chapter 143 framework?
- A city council ordinance approved by a two-thirds majority
- A meet-and-confer or collective bargaining agreement that supersedes Chapter 143 provisions (Correct answer)
- An executive order by the mayor
- A referendum requiring 75% voter approval
Correct answer: A meet-and-confer or collective bargaining agreement that supersedes Chapter 143 provisions
A valid meet-and-confer or collective bargaining agreement between the municipality and a fire or police employee organization may supersede Chapter 143 provisions.
Question 2: Under Chapter 143, who has the authority to adopt rules governing the operation of the civil service commission?
- The commission itself (Correct answer)
- The department head
- The city council
- The state comptroller
Correct answer: The commission itself
The civil service commission adopts its own rules for administering the civil service system, subject to the constraints of Chapter 143.
Question 3: Under Chapter 143, a classified employee who is reinstated after an unjustified indefinite suspension is entitled to back pay for the suspension period. Which of the following costs may NOT be deducted from that back-pay award?
- Earnings the employee received from other employment during the suspension
- The employee's share of health insurance premiums during suspension
- Unemployment benefits the employee received
- Income taxes the employee will owe on the award (Correct answer)
Correct answer: Income taxes the employee will owe on the award
Chapter 143 allows deduction of outside earnings and unemployment benefits from back pay, but income tax liability is not a deductible offset from the reinstatement award.
Question 4: Under Chapter 143, the civil service commission must hold a hearing on a suspended employee's appeal within how many days of receiving the written appeal?
- 10 days
- 30 days (Correct answer)
- 45 days
- 60 days
Correct answer: 30 days
The commission must begin the hearing on an appeal within 30 days of receiving the employee's written appeal.
Question 5: Under Chapter 143, which of the following correctly describes a 'classified position'?
- Any municipal employee position covered by a collective bargaining agreement
- A fire or police department position that is subject to Chapter 143 civil service protections (Correct answer)
- Any position that requires a written entrance examination
- A management position above the rank of sergeant or lieutenant
Correct answer: A fire or police department position that is subject to Chapter 143 civil service protections
A classified position under Chapter 143 is a fire or police department position that falls within the civil service system and carries the protections of the chapter.
Question 6: Under Chapter 143, which action by a department head during a civil service investigation would constitute a prohibited act?
- Placing an officer on administrative duty pending investigation
- Threatening an employee to discourage filing a civil service appeal (Correct answer)
- Requiring an employee to submit to a drug test
- Reassigning an employee to a different shift
Correct answer: Threatening an employee to discourage filing a civil service appeal
Threatening or coercing an employee to deter a civil service appeal is expressly prohibited under Chapter 143's anti-coercion provisions.
Question 7: Under Chapter 143, when a municipality dissolves its civil service system by voter referendum, what protection do currently classified employees retain?
- No protection — they immediately become at-will employees
- They retain their current rank and pay but lose appeal rights immediately
- They retain civil service status until they voluntarily leave or are discharged for cause under existing procedures (Correct answer)
- They are automatically transferred to a state civil service system
Correct answer: They retain civil service status until they voluntarily leave or are discharged for cause under existing procedures
Employees classified at the time of dissolution continue to receive civil service protections until they leave employment or are discharged under existing procedures, even after the system is voted out.
Texas Civil Service Exam Chapter 143 Civil Service Law 5
Under Chapter 143, what mechanism allows a municipality to adopt a different civil service system in place of the standard Chapter 143 framework?