Apr 02, 2024 CIVIL SERVICE COMMISSION

THAT MOTION PASSES AND THE MINUTES ARE APPROVED, UH, AT THIS TIME TO OPEN THE HEARING.

UM, I NOW CALL TO ORDER THE, UH, APPEAL HEARING FOR THE POLICE LIEUTENANT AND SERGEANT PROMOTIONAL EXAMINATIONS, UH, WHICH WERE ADMINISTERED ON MARCH 8TH, 2024.

AND BEFORE WE START THE HEARING, UM, OF THE INDIVIDUAL APPEAL QUESTIONS, I'M GOING TO ASK OUR CIVIL SERVICE DIRECTOR TO PROVIDE AN, AN OVERVIEW OF THE APPEAL, UH, PROCEDURE.

THANK YOU, SIR.

AND I'M JUST GOING TO QUICKLY GO THROUGH THE REVIEW OF THE PROCESS AT A HIGH LEVEL SO THAT WE'RE ALL ON THE SAME PAGE WITH THAT.

SO PER, AND THESE ARE PULLED FROM THE CIVIL SERVICE RULES AS WELL.

SO PURSUANT TO THE CITY OF BAYTOWN CIVIL CIVIL SERVICE RULES, I WANT TO REMIND THE COMMISSION AND THE APPELLANTS OF FACTORS THAT DO NOT SUPPORT AN APPEAL.

THE FOLLOWING FACTORS WILL NOT SUPPORT AN APPEAL, INCLUDING, BUT NOT LIMITED TO ONE EVIDENCE THAT OTHER REFERENCE MATERIALS OR SOURCES SUPPORT AN ANSWER WHICH IS DIFFERENT THAN THE APPROVED ANSWER.

TWO, EVIDENCE THAT THERE EXISTS.

ANOTHER ANSWER WHICH IS ACCURATE IN CERTAIN LIMITED CIRCUMSTANCES, BUT WHICH IS NOT ACCURATE GENERALLY, OR THREE EVIDENCE THAT THE REFERENCE PAGE NUMBER IS INCORRECTLY STATED.

A PAGE NUMBER IS GIVEN ONLY TO ASSIST IN LOCATING THE BASIS FOR THE APPROVED ANSWER IN REGARDS TO THE STRUCTURE AND FORMAT OF THE APPEAL HEARING.

FOR EACH APPEALED QUESTION ON THE AGENDA TODAY, THE APPELLANT WILL BE GIVEN AN OPPORTUNITY TO PRESENT THEIR REASONS FOR THE APPEAL.

THE APPELLANT MAY ALSO CHOOSE TO DESIGNATE SOMEONE ELSE TO SPEAK IN THEIR SPOT PURSUANT TO CIVIL SERVICE RULES.

EACH APPELLANT WILL BE OFFERED FOUR MINUTES TO SPEAK ON HIS OR HER ITEM.

IN THE CASE OF MULTIPLE APPELLANTS, PLEASE REFRAIN FROM GIVING REDUNDANT TESTIMONY IF POSSIBLE.

AFTER THE APPELLANTS HAVE SPOKEN, THE COMMISSION MAY ASK QUESTIONS OF EACH APPELLANT OR TO THE CIVIL SERVICE DIRECTOR OR TO LEGAL COUNSEL.

THEREAFTER, OTHERS WILL BE AFFORDED THE OPPORTUNITY TO SPEAK ON THE QUESTION, OFFERING DIFFERENT, DIFFERENT OPINIONS IF THEY SO DESIRE.

HOWEVER, THEY MUST HAVE SIGNED THE LIST BY THE DOOR TO SPEAK ON THAT PARTICULAR AGENDA ITEM.

AND AFTER THE APPELLANT HAS SPOKEN AND OTHERS HAVE HAD AN OPPORTUNITY TO SPEAK, THE COMMISSION WILL THEN ARRIVE AT A DECISION BY MAKING A MOTION AND THEN VOTING ON IT.

THE COMMISSION WILL DECIDE ON ONE OF THE FOLLOWING.

FOR EACH APPEAL TO QUESTION, THEY CAN KEEP THE ANSWER THE SAME AS THE ORIGINAL KEY.

THEY CAN CHANGE THE CORRECT ANSWER.

THEY CAN ALLOW MORE THAN ONE CORRECT ANSWER, OR THEY CAN DELETE THE QUESTION FROM THE TEST.

AFTER THE COMMISSION VOTES ON THE APPEALED QUESTIONS, WE WILL HAVE A RECESS TO RESCORE THE TEST, AND THEN WE WILL COME BACK AND READ THOSE SCORES, AND THAT WILL CERTIFY THE ELIGIBILITY LIST AS OF THIS POINT IN THE PROCESS.

THANKS SIR.

WE'RE GONNA START WITH, UH, ITEM NUMBER THREE A, WHICH IS QUESTION NUMBER THREE ON THE POLICE LIEUTENANT PROMOTIONAL EXAMINATION.

WE'LL NOW PROCEED, UH, WITH OUR FIRST APPEAL, STARTING WITH THE LIEUTENANT APPEAL QUESTIONS.

THEN MOVING ON TO THE SERGEANT APPEAL QUESTIONS.

[a. Conduct hearing and consider appeal of Question Number 3 from the Police Lieutenant promotional examination, which was administered on March 8, 2024. ]

AND, UH, THE APPELLANT IS, UH, KENNETH HAMPTON.

I UNDERSTAND MR. HAMPTON IS NOT HERE.

IS THAT CORRECT? AND I DON'T HAVE ANYBODY ELSE SIGNED UP TO SPEAK ABOUT THIS QUESTION.

SO BASED ON THE, UH, INFORMATION THAT WE HAVE RECEIVED FROM THE TEST RIDER, IN THAT SENSE, THE, UM, CORRECT ANSWER WERE TAKEN VERBATIM FROM THE SOURCE MATERIAL IN, UH, CHAPTER NINE, SECTION 9.31, WHICH, UH, DEALS WITH, UH, SELF-DEFENSE AND, AND ANSWERS A, B, AND C AND D ARE LISTED VERBATIM, UH, IN THE STATUTE ANSWER A IS THE ONLY POSSIBLE ANSWER, UH, NOT LISTED IN THE STATUTE, AND THEREFORE THE ONLY CORRECT ANSWER FOR THE QUESTION.

SO WITH THAT, I'D BE HAPPY TO, UH, HEAR A MOTION ABOUT QUESTION THREE.

A I MOVE TO, UH, ACCEPT THE RECOMMENDATION TO DENY THE UP APPEAL.

AND I'LL SECOND THAT.

ANY DISCUSSION OR QUESTIONS ABOUT THE MOTION? OKAY, HEARING NONE, UH, ALL THOSE IN FAVOR OF DENYING THE APPEAL, SAY AYE.

AND SINCE MR. HAMPTON'S NOT HERE TO SPEAK TO HIS APPEAL, UH, THE INFORMATION THAT WE'VE GOT TO THE QUESTION, THE CORRECT ANSWER, WE'RE TAKING, AGAIN, VERBATIM FROM THE SOURCE MATERIAL.

THAT MOTION PASSES ALSO, AND WE'LL NOW MOVE ON TO

[b. Conduct hearing and consider appeal of Question Number 53 from the Police Lieutenant promotional examination, which was administered on March 8, 2024.]

QUESTION, UH, 53.

AND THAT APPELLANT IS ALSO, UH, MR. MR. HAMPTON.

[00:05:06]

AND BASED ON THAT, I'D BE HAPPY TO, UH, HEAR A MOTION, A MOTION TO, UH, ACCEPT THE RECOMMENDATION ON DENYING THE APPEAL.

I'LL SECOND THAT MOTION.

ANY QUESTIONS OR COMMENTS? ALL THOSE IN FAVOR SAY AYE.

MOVE ON TO QUESTION, UH, 74.

THAT MOTION PASSES AND THAT APPEAL IS DENIED ALSO.

WE'RE GONNA

[c. Conduct hearing and consider appeal of Question Number 74 from the Police Lieutenant promotional examination, which was administered on March 8, 2024.]

UH, PELLAND IS, UH, JOSE GONZALEZ.

IS MR. GONZALEZ HERE? YES, SIR.

WOULD YOU LIKE TO SPEAK TO YOUR APPEAL? IF YOU'D, IF YOU'D STEP TO THE PODIUM, UH, STATE YOUR NAME AND RANK FOR THE RECORD, AND THEN WE'D BE HAPPY TO HEAR YOUR APPEAL.

MY NAME IS, UH, SERGEANT JOSE GONZALEZ, UH, BAYTOWN POLICE DEPARTMENT, OF COURSE.

AND, UH, WHEN IT COMES TO, UH, QUESTION 74, THE, UH, UH, THE ONLY ISSUE THAT I HAVE IS THAT, UH, THAT QUESTION CAME FROM THE END NOTES, UH, WHICH IS ALL THE WAY IN THE BACK OF THE BOOK, UH, IS AWAY FROM THE, UH, UH, FROM THE LECTURE.

AND SO I WAS LOOKING AT, AT, UH, AT WHAT THE, UH, TEST MAKERS, UH, UH, SAID ABOUT MY APPEAL.

AND ONE OF THE THINGS THEY SAID WAS, UH, WHEN IT COMES TO, UH, QUALIFIED IMMUNITY, IT IS SOMETHING PRETTY IMPORTANT, UH, RELEVANT TO OUR JOB, WHICH IT, WHICH IT IS, OF COURSE.

UH, THE ONLY THING WITH THAT IS THAT, UH, WE LOOK AT PAGE NUMBER EIGHT.

WE HAVE A WHOLE SECTION ABOUT MUNICIPAL LIABILITY AND QUALIFIED IMMUNITY.

SO THAT IS WITHIN THE TEXT OF THE BOOK.

AND SO, UH, BASICALLY THE ISSUE THAT I HAVE IS THAT IF THEY WANTED TO ASK A QUESTION ABOUT QUALIFIED IMMUNITY, THEY HAVE A WHOLE SECTION TO CHOOSE FROM RIGHT HERE INSTEAD OF TAKING IT FROM THE END NOTES.

SO, MR. GONZALEZ, YOU'RE SAYING THAT BECAUSE THE ANSWER IS IN THE END NOTES RATHER THAN THE BOOK, THAT THAT'S THE REASON FOR YOUR APPEAL? YES, SIR.

UH, WE DON'T HAVE ANYBODY ELSE SIGNED UP TO SPEAK TO THAT QUESTION.

DOES THE COMMISSION HAVE ANY QUESTIONS FOR MR. GONZALEZ? I'D LIKE TO, TO ASK A QUESTION, PLEASE, SERGEANT, IF YOU COULD STEP BACK TO THE MICROPHONE.

SO THE END NOTES THAT, UH, YOU REFERENCED AND THE QUESTION THAT WAS ASKED.

DOES THE END NOTE CONTRADICT THE ACTUAL QUESTION? UH, IT DOES NOT CONTRADICT THE ACTUAL QUESTION.

ANY COMMENTS FROM THE COMMISSION? OKAY.

AND I'D BE HAPPY TO ACCEPT A MOTION ABOUT THIS QUESTION, UM, BASED UPON THE RECOMMENDATION, UM, THE DENIAL OF THE APPEAL, I MOVE TO ACCEPT.

SO YOUR MOTION IS TO DENY THE APPEAL? DENY, YES.

ANY OTHER COMMENTS OR QUESTIONS? ALL THOSE IN FAVOR OF THE MOTION SAY AYE.

GONNA MOVE ON TO, UH, QUESTION NUMBER, UH, 76.

THAT MOTION PASSES ALSO, AND THAT APPEAL IS DENIED.

UH, WE'RE

[d. Conduct hearing and consider appeal of Question Number 76 from the Police Lieutenant promotional examination, which was administered on March 8, 2024. ]

AND THAT AGAIN IS MR. HAMPTON, WHO IS NOT AVAILABLE TO SPEAK TO THIS MOTION.

AND IN THE SOURCE MATERIAL THAT WE RECEIVED, AGAIN, THIS QUESTION AND CORRECT ANSWER WERE TAKEN VERBATIM FROM THE SOURCE MATERIAL.

SO I'D BE HAPPY TO ACCEPT A MOTION HERE.

ALSO A MOTION TO ACCEPT THE RECOMMENDATION OF DENYING THE APPEAL.

OKAY, I'LL SECOND THAT MOTION.

UH, ANY OTHER QUESTIONS OR COMMENTS? HEARING NONE.

ALL IN FAVOR SAY AYE.

ANY OPPOSED? SAY NAY, BECAUSE THAT MOTION PASSES, THAT APPEAL IS DENIED ALSO.

LET'S MOVE ON

[e. Conduct hearing and consider appeal of Question Number 92 from the Police Lieutenant promotional examination, which was administered on March 8, 2024. ]

TO QUESTION NUMBER 92.

AND WE HAVE, UH, TWO APPELLANTS, UH, CRAIG GREEN AND KENNETH HAMPTON.

IS MR. GREEN HERE? NO.

NO.

SO I'D BE HAPPY TO ACCEPT, UH, A MOTION ON THIS.

AND EVEN THOUGH NEITHER APPELLANT ARE HERE, UH, THE TEST RIDER, UH, MAKES A RECOMMENDATION IN KEEPING THE QUESTION ACCEPTING, EITHER ANSWER B OR C FOR THIS, FOR QUESTION 92.

[00:10:09]

ON THE RECOMMENDATION, THE MOTION WOULD BE TO UPHOLD THE APPEAL AND TO ACCEPT, TO ACCEPT ANSWERS TO ACCEPT THE ANSWER, UH, B OR C, B OR C? THAT'S CORRECT.

I'LL, I'LL SECOND THAT.

SO THIS MOTION IS TO, UH, ACCEPT BOTH ANSWERS B AND C AND UPHOLD THE APPEAL.

ANY QUESTIONS OR COMMENTS ABOUT THAT? NO.

ALL THOSE IN FAVOR SAY AYE.

WE'RE READY TO MOVE ON TO THE FINAL QUESTION FOR THE, UH, LIEUTENANT'S EXAM.

HEARING NONE.

THAT MOTION PASSES AND WE'LL BE ACCEPTING TWO ANSWERS FOR ITEM OR QUESTION.

UH, TEST QUESTION NUMBER 92.

AND

[f. Conduct hearing and consider appeal of Question Number 95 from the Police Lieutenant promotional examination, which was administered on March 8, 2024.]

UH, WHICH IS QUESTION NUMBER 95, AND THAT WOULD BE, UH, MR. GONZALEZ AGAIN.

SO QUESTION 95, UH, BASICALLY THE WAY IT READS, UH, ON THE QUESTION, UH, ONE OF THE THINGS THE, UH, TEST MAKER SAID IT WAS, UH, IT WAS TAKEN VERBATIM, AND OF COURSE IT WAS NOT TAKEN VERBATIM.

UH, THERE'S A COUPLE OF DIFFERENCES BETWEEN, UH, WHAT'S ON THE BOOK AND WHAT'S ON THE, UH, UH, THE, THE, THE WAY THE QUESTION IS, UH, WRITTEN ON THERE.

UM, AND THE QUESTION ITSELF IS, UH, UH, MAKES IT A LITTLE CONFUSING BECAUSE IT, IT ASKS THAT THERE ARE TWO DIFFERENT TYPES OF CONTINGENCIES.

UH, AND SO ACCORDING TO THE BOOK, THE CORRECT ANSWER IS CONTINGENCY NUMBER ONE BEING TACTICAL PLANS AND CONTINGENCY NUMBER TWO BEING EMERGENCY EMERGENCY PLANS.

AND SO, UH, WHEN IT COMES TO QUESTION 95, THE ONLY ONE CORRECT QUESTION IS ANSWER C CHOICE, WHICH IS TACTICAL.

AND THE BOOK SAYS THAT IT'S BOTH TECHNICAL AND EMERGENCY.

SO, MR. GONZALEZ, YOU'RE ASKING FOR MULTIPLE ANSWERS TO BE ACCEPTED OR, UH, I WOULD LIKE, I WOULD LIKE TO, UH, UH, FOR THE QUESTION TO BE REMOVED IF POSSIBLE.

ALRIGHT.

YOU'RE ASKING TO DELETE THE QUESTION? YES, SIR.

ANY QUESTIONS FOR, UH, SERGEANT GONZALEZ? NO, NO, I DON'T HAVE ANY QUESTIONS FOR HIM.

UM, IF I MAY, YES, SIR.

UM, WE'VE GOT A COPY OF THE CONTINGENCY PLAN SHOWING TACTICAL AS THE HIGHLIGHTED ANSWER HERE.

YES, SIR.

AND YOU'RE, AGAIN, JUST TO BE CLEAR, YOU'RE STATING THAT THAT SHOULD NOT BE THE ONLY ANSWER? UH, NO, SIR.

ACCORDING TO THE TEXTBOOK IS TACTICAL AND EMERGENCY PLANTS.

AND THAT'S ACTUALLY STATED HERE ALSO, THE, UH, BUT THE QUESTION IS, UH, THE ONLY CORRECT ANSWER ON THERE IS TACTICAL, BUT YOU'RE SAYING THAT EMERGENCY SHOULD BE, IS AL WOULD ALSO BE A CORRECT ANSWER ACCORDING TO THE BOOK? YES, SIR.

BECAUSE THAT'S, THAT'S WHAT IT SHOWS HERE.

BUT WHAT IT ALSO STATES IS THAT, UH, THAT IT WAS A COMBINATION, UH, TO BRING THIS ONE PARTICULAR QUESTION INTO FORM, THEY USE TWO DIFFERENT SECTIONS, UH, BY REMOVING THE PUNCTUATION FROM WHERE IT ORIGINALLY WAS TO COMBINE THAT QUESTION DOESN'T CHANGE THE NARRATIVE OF THE QUESTION POSED.

ANY OTHER COMMENTS? NO, THAT'S IT, SIR.

THANK YOU.

MR. GONZALEZ.

ANY COMMENTS? UH, FURTHER COMMENTS FROM THE COMMISSION? NO.

OKAY, THEN I'D BE HAPPY TO ACCEPT A MOTION, UH, ON RECOMMENDATION, UH, THE DENIAL OF THE APPEAL.

ANY OTHER COMMENTS OR QUESTIONS? UH, ALL THOSE IN FAVOR OF THE MOTION SAY AYE.

HEARING NONE.

THAT MOTION PASSES ALSO AND WE'RE DENYING THAT APPEAL.

READY TO MOVE ON WITH THE QUESTIONS FOR THE, UH, POLICE SERGEANT PROMOTIONAL EXAM.

AT THIS POINT, WE'RE

[g. Conduct hearing and consider appeal of Question Number 25 from the Police Sergeant promotional examination, which was administered on March 8, 2024. ]

AND OUR FIRST QUESTION IS GONNA BE QUESTION NUMBER 25.

APPELLANT IS, UH, MR. DAVID, UH, HOLLAND? IS MR. HOLLAND HOLLANDER? YES.

AGAIN, IF YOU'LL STEP TO THE PODIUM, STATE YOUR NAME AND RANK, AND THEN WE'LL BE HAPPY TO HEAR YOUR COMMENTS.

UH, DAVID HOLLAND, PATROL OFFICER.

AND SO, UH, I HAD AN ISSUE WITH, UH,

[00:15:01]

QUESTION 25, UH, THE, UH, TEST THAT IT WAS, UH, ANSWER D, WHICH WAS A AND B.

UH, I SELECTED A AND I THOUGHT B WAS INCORRECT.

UH, B SAYS THAT A PEACE OFFICER MAY ARREST AN OFFENDER, UH, WITHOUT A WARRANT FOR ANY OFFENSE COMMITTED IN HIS PRESENCE OR WITHIN HIS VIEW.

UH, I DISAGREE WITH THAT.

UH, I THOUGHT YOU COULDN'T ARREST FOR SPEEDING, UH, OPEN CONTAINER AND ALS ALSO TEXTING IN A SCHOOL ZONE.

AND, UH, I WAS READING THAT FROM, UH, THE TRANSPORTATION CODE CHAPTER 5 43.

AND THAT'S IT.

ALRIGHT, ANY QUESTIONS FOR, UH, MR. HOLLAND? JUST A SECOND.

AND MR. HOLLAND, IN THE, IN THE MATERIAL THAT WE HAVE IS CHAPTER 14, UH, SECTION 14.01 PRETTY MUCH GIVES THE SAME ANSWER THAT YOU'RE STATING HERE TO WHERE SHOWING IT, UH, ANSWER A WOULD BE THE CORRECT ANSWER.

I HAVE A QUESTION ALSO.

UM, BUT YOU BROUGHT FORTH, UH, ANOTHER VERSION, DIDN'T YOU? UH, YOU JUST QUOTED CHAPTER 5 43.

YEAH.

FOR THE TRANSPORTATION CODE.

MR. HOLLAND, IS THERE A MOTION? YES, I, I'D MAKE A MOTION, UH, THE RECOMMENDATION TO DENY THE APPEAL.

UH, IT'S BOTH OF THE ANSWERS, UH, BOTH A AND B ARE CORRECT ANSWERS AS STATED.

I'LL SECOND TO THAT MOTION.

ANY DISCUSSION? ANY QUESTIONS? YOU NONE.

ALL THOSE IN FAVOR OF THE MOTION SAY AYE.

ANY, UH, OPPOSED? SAY NAY.

MOVE ON TO QUESTION, UH, NUMBER 35.

THAT MOTION, UH, PASSES AND WE WILL DENY THE APPEAL ON QUESTION 25.

WE'RE READY TO

[h. Conduct hearing and consider appeal of Question Number 35 from the Police Sergeant promotional examination, which was administered on March 8, 2024. ]

UH, JUAN DE LA CRUZ.

MR. DE LA CRUZ, IF YOU WOULD STATE YOUR NAME AND RANK PLEASE.

GOOD AFTERNOON.

FIRST OF ALL, MY NAME IS WANDA LA CRUZ, UH, BAYTOWN POLICE DEPARTMENT PATROL DIVISION.

UH, MY ISSUE WITH QUESTION NUMBER 35, UM, FIRST OF ALL, THE CORRECT ANSWER IS NOT PROVIDED, UM, THE SOURCE IS OUTDATED.

UM, AND ALSO THE QUESTION STATES IS TALKING ABOUT A, A CHILD WITNESS STATES THAT, UH, AN EMPLOYEE OF THE DEPARTMENT OF FAMILY PROTECTIVE SERVICES ACTING ON BEHALF OF THE CHILD.

SO IT'S REFERRING TO A CHILD.

UM, SO THERE'S NO ACTUAL LIMIT WHEN IT COMES TO SENDING A CHILD TO GET A FORENSIC EXAMINATION.

ANY QUESTIONS FOR MR. DE LA CRUZ? YES, I I JUST HAVE A, MAYBE NOT A QUESTION, BUT A STATEMENT.

THANK YOU VERY MUCH FOR THE DILIGENCE IN SEARCHING THE MATERIAL AND BEING ABLE TO IDENTIFY.

THANK YOU VERY MUCH.

THANK YOU, MR. DE LA CRUZ.

THANK YOU.

AND, AND WE'VE GOT SOME INFORMATION THAT WOULD KIND OF SUPPORT WHAT YOU'RE SAYING ALSO.

SO WE'RE GONNA, UM, ACCEPT THAT.

IS THERE A MOTION YOU'D LIKE TO MAKE? YES.

UH, UPON THE RECOMMENDATION, I'D LIKE TO UPHOLD THE APPEAL AND ACCEPT THE ANSWER AS CORRECT.

WE'RE GONNA ACCEPT ALL ANSWERS.

IS THAT RIGHT? ALL ANSWERS.

I'LL, EXCUSE ME, ACCEPT ALL ANSWERS AS CORRECT.

I'LL SECOND THAT MOTION TO UPHOLD THE APPEAL AND ACCEPT ALL ANSWERS AS BEING CORRECT ON QUESTION NUMBER 35.

ANY OTHER COMMENTS OR QUESTIONS ABOUT THE MOTION? ALL THOSE IN FAVOR SAY AYE.

ALL THOSE OPPOSED SAY NAY.

THAT MOTION PASSES AND WE'RE GONNA ACCEPT ALL ANSWERS FOR QUESTION NUMBER 35.

UH, QUESTION NUMBER 36

[i. Conduct hearing and consider appeal of Question Number 36 from the Police Sergeant promotional examination, which was administered on March 8, 2024. ]

IS NEXT.

UH, THE APPELLANT IS, UH, CAMERON BIRCH.

MR. BIRCH, GOOD AFTERNOON.

UH, CAMERON BIRCH.

I'M A DETECTIVE.

UM, SO I WOULD LIKE TO START BY SAYING THAT, UH, UPON READING THE EXAM WRITER'S RESPONSE, IT WAS APPARENT TO ME THAT I DIDN'T DO A GOOD JOB OF MY INITIAL APPEAL.

UM, I WOULD LIKE, OKAY, SURE.

SO ESSENTIALLY, THANK

[00:20:01]

YOU.

HOW ARE YOU? GOOD, GOOD.

THANK YOU.

UH, SO ESSENTIALLY WHEN YOU LOOK AT, UM, WE'RE LOOKING AT SECTION 5 21 0 8 1 OF TRANSPORTATION CODE, UH, A, A CLASS B, OR A CLASS I'M A CLASS A OR A CLASS B, A DRIVER'S LICENSE, UH, IS VALID FOR, UH, THE SAME AMOUNT OF WEIGHT.

OKAY? THE, THE FIRST SENTENCE OF BOTH OF THOSE, UH, SECTIONS INDICATE THEY'RE, THEY'RE IDENTICAL, EXCEPT FOR WHEN IT TALKS ABOUT THE WEIGHT FOR A CLASS A, IT SAYS 26,001 POUNDS OR MORE.

FOR CLASS B, IT SAYS MORE THAN 26,000 POUNDS.

OKAY? THOSE ARE THE EXACT SAME THING.

THEY HAVE THE EXACT SAME MEANING.

SO GIVEN THE INFORMATION THAT WAS IN THE QUESTION, THERE WAS NOT ENOUGH INFORMATION TO DIFFERENTIATE BETWEEN A CLASS A AND A CLASS B.

SO EITHER ONE OF THOSE WOULD BE ACCEPTABLE.

ANY QUESTIONS FOR, UH, MR. BIRCH? YEAH, THIS WAS A TOUGH ONE.

UM, UH, I AGREE.

UH, BUT EVEN FURTHER STATING THAT, UM, IT, IT, IT ALSO MENTIONS THAT, UM, UNLESS THE LAW SAYS CLASS B LICENSE ARE LIMITED TO, UH, AND THAT'S WHERE I JUST NEEDED TO MAYBE GET SOME CLARITY, UM, LIMITED TO 26,001 POUND OR MORE.

SO WE'RE EQUIVALENT ABOUT ONE POUND.

IS THAT WHAT WE'RE DOING HERE? UH, SIR, THE, THE, THE EXAM RIDER'S RESPONSE INDICATES THAT THEY DON'T UNDERSTAND, UM, THE WEIGHT OF A CLASS B AND A CLASS A DRIVER'S LICENSE.

UH, I CAN READ THE ENTIRE RESPONSE IF YOU LIKE.

I HAVE IT WITH ME AND I I AGREE TO, UH, APPOINT, BUT UNLESS THE LAW SAYS CLASS B LICENSE ARE LIMITED, LIMITED TO, UH, 26,000.

SO, SO IN THEIR, IN THEIR RESPONSE, SIR, IF I MAY, IN THEIR RESPONSE IT SAYS THEY, THEY ACTUALLY QUOTE JUST THE WEIGHT.

UH, THERE, THERE, IF YOU LOOK AT THEIR RESPONSE TO SECOND SENTENCE SAYS, IT STATES 26,001 POUNDS AND IT'S IN QUOTATIONS, IT LEAVES OUT THE IMPORTANT PART, WHICH IS 26,000, UH, ONE POUNDS OR MORE.

AND THEN IN, WHEN IT DESCRIBES THE CLASS B LICENSE, IT SAYS 26,000 POUNDS IN QUOTATIONS, THE IMPORTANT PART IS MORE THAN 26,000 POUNDS.

SO THOSE TWO THINGS, 26,000 POUND 10, 26,001 OR MORE IS THE SAME AS MORE THAN 26,000.

SO IT INCLUDES 26,001 AND ABOVE.

THE DIFFERENCE BETWEEN A CLASS A AND A CLASS B IS WHAT FOLLOWS THAT.

BUT NONE OF THAT IS IN THE QUESTION.

THE A, CLASS B HAS CERTAIN RESTRICTIONS OF WHAT, UH, ADDITIONAL VEHICLES ARE INCLUDED AND AS DOES A CLASS A, BUT THE TEST, THE TEST DOESN'T INCLUDE ANY OF THOSE THINGS.

SO BIRCH, YOU'RE RECOMMENDING, UM, ANSWERS A AND B BOTH BE ACCEPTED, BOTH A AND B ARE, ARE CORRECT ANSWERS? THAT'S CORRECT, SIR.

ALRIGHT.

ANY OTHER QUESTIONS FOR MR. BIRCH? NO, I DON'T HAVE ANY.

ALRIGHT, THANK YOU.

UM, I'M READY TO ACCEPT A MOTION.

I MOTION TO, UH, ACCEPT THE APPEAL ANSWERS, WELL ANSWERS A AND B.

ANY, UH, OTHER QUESTIONS OR COMMENTS? OKAY.

ALL THOSE IN FAVOR OF THE MOTION SAY AYE.

HEARING NONE, UH, WE WILL ACCEPT THE APPEAL ON QUESTION, UH, 36 AND ACCEPTING TWO ANSWERS A AND B.

TO QUESTION, UH, NUMBER 81.

LET'S MOVE ON

[j. Conduct hearing and consider appeal of Question Number 81 from the Police Sergeant promotional examination, which was administered on March 8, 2024. ]

[00:25:06]

UH, JEREMY STEVENS, IS HE PRESENT? YES, SIR.

MR. STEVENS NOT HERE? YES.

AND THE COMMISSION AGAIN HAS INFORMATION FROM THE TEST WRITER SAYING THAT THE ANSWER, UH, WERE TAKEN VERBATIM FROM THE SOURCE MATERIAL.

AND BASED ON THAT, I'D BE HAPPY TO ACCEPT A MOTION, A MOTION TO ACCEPT THE RECOMMENDATION AND DENY THE APPEAL.

ANY QUESTIONS OR COMMENTS ABOUT THE MOTION? ALL THOSE IN FAVOR SAY AYE.

QUESTION ON THE, UH, SERGEANT EXAM IS GONNA BE QUESTION NUMBER 90.

THAT MOTION PASSES AND WE'RE DENYING THAT APPEAL.

AND THEN THE FINAL

[k. Conduct hearing and consider appeal of Question Number 90 from the Police Sergeant promotional examination, which was administered on March 8, 2024. ]

UH, AGAIN, MR. JEREMY STEVENS IS THE APPELLANT AND MR. STEVENS ABSENCE.

UH, AGAIN, THE INFORMATION THAT WE'VE RECEIVED INDICATES THAT THE CORRECT ANSWER, UH, WAS TAKEN VERBATIM FROM THE SOURCE MATERIAL FOR QUESTION NUMBER 90.

SO I'D BE HAPPY TO HEAR A MOTION ON THAT.

A MOTION UPON RECOMMENDATION, DENY THE APPEAL.

I'LL SECOND THAT MOTION.

UH, ANY OTHER DISCUSSION? ALL THOSE IN FAVOR OF THE MOTION SAY AYE.

GONNA ADJOURN, UH, FOR A SHORT TIME TO HAVE THE TEST REGRADED BASED ON, UH, THESE FINDINGS.

THAT MOTION PASSES ALSO AND WE DENY THE APPEAL.

UH, WITH THAT WE'RE

[l. Recess to re-grade test(s), if necessary.]

AND THEN WE'LL RECONVENE IN, UH, JUST A FEW MINUTES TO, UH, CERTIFY THE ANSWERS AND THE TEST.

[m. Reconvene the meeting to announce new test scores, if appropriate.]

WE'LL NOW MOVE ON TO ITEM, UM, 3M TO ANNOUNCE, UH, THE NEW EXAM SCORES.

I'D LIKE TO, UH, RECONVENE OUR MEETING.

UH, THE TIME IS NOW, UH, 2:54 PM AND WE WILL RECONVENE OUR APPEAL HEARING FOR THE POLICE LIEUTENANT AND SERGEANT PROMOTIONAL EXAMINATIONS, WHICH WERE ADMINISTERED ON, UH, MARCH 8TH, 2024.

AND, UH,

[n. Certification of Police Lieutenant and Police Sergeant eligibility lists.]

THE, UH, LIEUTENANT AND SERGEANT SCORES WILL NOW BE READ IN, IN THE ORDER OF THEIR RANKING ON THE LIEUTENANT EXAMINATION.

RANK NUMBER ONE DALLAS BISH WITH A SCORE OF 91.

RANK NUMBER TWO, CHAD JOHNSON WITH A SCORE OF 90 RANKED NUMBER THREE, AARON CORRALES II WITH A SCORE OF 86 RANKED NUMBER FOUR, CLAYTON BREEDING SCORE OF 81.

RANKED NUMBER FIVE IS JOSE GONZALEZ WITH A SCORE OF 80.

RANKED NUMBER SIX IS NORTO, UH, UH, GILLAND GALLO GALLIANO WITH A SCORE OF 78 AND RANKED NUMBER SEVEN, CRAIG GREEN WITH A SCORE OF 73 ON THE POLICE SERGEANT EXAM RANKED NUMBER ONE NATHANIEL BROWN SCORE OF 90 RANKED NUMBER TWO, JUAN DE LA CRUZ WITH A SCORE OF 86.

UH, A TIE FOR NUMBER THREE, UH, BOTH WITH A SCORE OF 81 STEWART GRO AND COREY ER RANKED AS NUMBER FOUR IS GONNA BE JEREMY STEVENS WITH A SCORE OF 79.

RANK OF NUMBER FIVE, CAMERON BIRCH SCORE 78.

NUMBER SIX, NATHANIEL ROBINSON WITH A SCORE OF 77.

RANK NUMBER SEVEN, DAVID HOLLAND, SCORE OF 74.

AND RANK NUMBER EIGHT, HALEY HAMS WITH A SCORE OF 70.

AND I WANTED TO NOTE THAT THE TIE BREAKING PROCEDURE HAS NOT BEEN APPLIED.

SO WITH THAT, WE'RE READY TO CERTIFY THESE SCORES.

I MOTION TO CERTIFY THE POLICE, LIEUTENANT AND SERGEANT TO THREE IN.

ARE YOU ON ITEM THREE N NOW? YES.

ITEM THREE N GO AHEAD.

I MOVED A MOTION TO CERTIFY THE POLICE LIEUTENANT AND SERGEANT'S PROMOTIONAL EXAM.

I'LL SECOND THAT MOTION.

ANY QUESTIONS OR DISCUSSION ABOUT THE MOTION? HEARING NONE.

ALL THOSE IN FAVOR SAY AYE.

ALRIGHT.

RIGHT.

THAT MOTION PASSES.

UM, WE NEED TO DO AN ELIGIBILITY LIST.

IS THAT THE NEXT ITEM? NO, YOU'RE, YOU'RE GOOD TO MOVE FORWARD WITH AND I'LL JUST MAKE A, A COMMENT BEFORE YOU ADJOURN.