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Home My WebLink About14924 ORD - 05/23/1979JKH:rr:5-21-79 • AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THE TEXAS COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION FOR THE LOCAL ADMINISTRATION OF THE COMMISSION'S POLICE ENTRANCE EXAMINATION, A SUBSTANTIAL COPY OF SAID AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 1 SECTION 1. That the City Manager be and he is hereby authorized to execute agreements with the Texas Commission on Law Enforcement Officer Standards and Education for the local administration of the Commission's Police Entrance Examination, a substantial copy of which agreement is attached hereto and made a part hereof, marked exhibit "A", as such agreements become necessary to enable the City to utilize such examinations. SECTION 2. That the City Manager be and he is hereby also authorized to execute any future or further agreements with the Texas Commission on Law Enforcement Officer Standards and Education necessary to continue local administration of the Commission's Police Entrance Examination. SECTION 3. The necessity to authorize execution of the aforesaid agreements at the earliest practicable date creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its intro- duction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduc- tion and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this theo23 day of May, 1979. ATTEST: Secretary MA APPROVED: )-2--DAY OF MAY, 1979: J. BRUCE AYCOCK, CITY ATTORNEY By /e? Assistant C ttorney 1 4192 THE r OF CORPUS CHRISTI, TEXAS MICROFILMED JUL 0 81980 THE STATE OF TEXAS )( COUNTY OF TRAVIS )( • KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the Texas Commission on Law Enforcement Officer Standards and Education, here- inafter called Publisher, is the owner and publisher of a reading comprehension test, a writing skills test, a background investigation manual and an oral interview manual, all of which are designed to be used as a part of a municipal police entry selection system and were developed at the request of Pub- lisher by an industrial psychologist in accordance with Equal Employment Opportunity Commission guidelines, federal statutes, and federal case decisions construing the guidelines, statutes and consti- tutional issues involving employment practices, and WHEREAS, the reading comprehension test and the writing skills test are supported by a validity manual prepared by the industrial psychologist developing such tests which documents the authority for the method used in the development of such tests, and WHEREAS, Publisher is desirous of making such tests and manuals, or any of them, available at no cost to municipalities throughout the State of Texas desiring to use them as a part of their entry selection system for municipal police officers, subject only to the agreements imdertaken by the mu- nicipality desiring to use such material as hereinafter provided, and WHEREAS, Publisher does not warrant the validity of any such teat or manual, nor makes any claim as to the results that may be expected from their use, and accepts no legal responsibility for any actions at law resulting in any manner from the use of such materials, and WHEREAS, the undersigned, hereinafter called City, has requested to use such tests and man- uals, as a part of their entry selection system for municipal police officers; NOW, THEREFORE, in consideration of the premises, Publisher and City agree as follows: 1. Publisher agrees to furnish at no cost to City such number of reading comprehension test booklets, writing skills test booklets and answer sheets as may be requested, to- gether with one (1) validity manual and one (1) test administration manual. 2. Publisher agrees to furnish at no cost to City one (1) scoring key for any test request- ed. 3. Publisher agrees to furnish at no cost to City a minimum of one (1) background in- vestigation manual and one (1) oral interview manual as requested. 4. City agrees that it has read and examined the validity manual for the reading compre- hension test and the writing skills test and has read and examined the test administra- tion manual, the background investigation manual and the oral interview manual, and as the result of such examination and review by its own advisors and not as the result of any representation made by the Publisher, its agents and employees, it has deter- mined to use the tests and manuals requested. EA/ Ii/ „A,. • 5. City agrees and understands that Publisher does not warrant the validity of any such test or manual, nor makes any claim as to the results that may be expected from their use. City further understands and agrees that Publisher accepts no legal responsibility whatsoever for any actions at law resulting in any manner from the use of such ma- terials. City agrees that Publisher's only responsibility in the event the City is sued is to make Publisher's personnel available as witnesses in respect to their involvement in the development of such tests and manuals. City agrees that in the event it desires to use the industrial psychologist who developed the tests and manuals as a witness in any such suit, that City shall be responsible for the costs and fees charged by the psy- chologist in his appearance as a witness. 6. City agrees that in order to maintain and ensure the integrity of the reading comprehen- sion test and the writing skills test it: Charles Speed, Personnel Director a. Designates: Eduardo E. Garcia, Administrative Assistant - Personnel Title: Mailing Address: P. 0. Box 9277 Corpus Christi, Texas 78408 as the Test Administrator with responsibility to personally receive and return the tests and scoring keys; b. Warrants that the Test Administrator is the sole person having custody of and re- sponsibility for the security of the materials furnished by Publisher to City; c. Warrants that test booklets, completed answer sheets and scoring keys shall not he copied, reproduced or revealed in any manner to any person whomsoever, including any post test review of the completed answer sheets and test booklets by any indi- vidual tested; d. Shall follow exactly the procedures outlined in the instructions provided by Pub- lisher for the receipt, administration and return of the tests and scoring keys; e. Shall return the test booklets, scoring keys, unused answer sheets and forms to Pub- lisher by certified mail, postage paid, return receipt, within the twenty-four hour period following the administration of the test that the United States Postal Service accepts mail. 7. City agrees that it shall furnish and mall to Publisher a copy of the completed Differential Distribution Data Form, together with a complete list of the individual test scores for each teat indicating race and sex for each individual tested, within ten (10) days from the date of the administration of the test. 8. City understands and agrees that Publisher reserves the right to refuse a request by City for test materials, whether or not City has previously been furnished with such materials, if: a. Publisher does not have available the materials requested at the time they are request- ed; • b. Publisher shall, in its sole discretion, decide to discontinue furnishing such ma- terials to all cities, or to cities of a certain population. c. Publisher in its sole discretion determines that the integrity of its tests are threaten- ed by acts of City, or that acts of City expose Publisher to liability. 9. Publisher and City agree that the use of Publisher's test materials by City for this police entry examination does not obligate City to use Publisher's test materials for subsequent examinations, and that a separate agreement will be entered into by Publisher and City each time City requests to use Publisher's test materials. Executed in duplicate originals this day of 19 ATTEST: City Secretary APPROVED: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney TEXAS COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION By Publisher CITY OF Corpus Christi, Texas By R. Marvin Townsend City Manager Corpus Christi, Texas Title (Mayor or City Manager) City Charles Speed uir. of finance 1, Eduardo E. Garcia , the designated Test Administrator, hereby certify that I will safeguard the integrity of the tests entrusted to me in accordance with the provisions of this agreement and the procedures outlined in the instructions provided by the Publisher. Designated Test Adrministrator Date Corpus Christi, Texas A.3�day of _ , 19 19 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Ar TY OF CORPUS CHRISTI, TEXAS The Charter rule was suspend by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was passed Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky by the following vote: 14924