question

The concept of sovereign immunity originated in the United States with_______

answer

English common Law

question

Some jurisdictions recognize a distinction between governmental actors who are performing a governmental function, who are entitled to immunity protection, and governmental actors who are performing a proprietary function. T / F

answer

True

question

As a general rule, immunity protection is only applicable for act of negligence. Acts that constitute gross negligence, recklessness, or that are intentional, are exempt from most immunity protection. T / F

answer

True

question

All of the following would be considered proprietary functions except

answer

Providing a fire department

question

Mini tort claims act draw an important distinction between governmental activities that are_________, for which immunity protection is provided

answer

Discretionary

question

In most Tort Claims Acts, functionary acts, or ministerial acts, which are acts of carrying out established policy are entitled to munity protection. T / F

answer

False

question

A private volunteer fire company cannot be protected by any type of governmental immunity. T / F

answer

False

question

There is a great deal of uniformity from state to state in regards to the community protection afforded to firefighters and fire departments. T /F

answer

False

question

Tort claims acts have served three separate functions. Which of the following is NOT one of the functions?

answer

Allow the government to sue citizens who damage government property

question

Insurance policies are not contracts. They are heavily regulated by federal and state law

answer

First statement is false, second statement is true

question

Some regions have adopted mutual aid pacts in which several communities enter into a comprehensive multiparty mutual agreement that addresses a wide range of community to community assistance during emergencies. T /F

answer

True

question

Workers compensation systems represent a compromise between the liability of an employer and employee compensation for workplace injuries. as a result, employers can be held liable for workplace injuries occasioned by their negligence, but employees are only permitted to sue employers, not co workers or managers for workplace injuries.

answer

Both statements are false

question

As a general rule, one sided promises, even without consideration from the other party, create enforceable agreements. Such one-sided promises are often referred to as unilateral contracts, the breach of which can lead to damages of law

answer

Both statements are false

question

Every sales transaction creates a contractual relationship between the buyer and seller. T / F

answer

True

question

A public employees due process rights are guaranteed by the Federal Constitution. However, the existence of or non-existence of a property interest in the employee's job must be determined under state law

answer

Both statements are true

question

Contract between fire departments, fire districts, and municipalities to provide for assistance in the event of an emergency are called_________

answer

Mutual aid agreements

question

Employment relationships are contractual. unless both parties specifically agree otherwise, employee relationships are considered to be \"at will\".

answer

Both statements are true

question

The right of an insurance company to assume the legal claims of an insured after having paid the insured for a loss, is called________

answer

Subrogation

question

Insurance companies may deny fire-related claims were insured increases the hazard to the property, such as shutting off sprinklers or leaving the property vacant. T /F

answer

True

question

When both the employer and the Union have followed a long and consistent practice, but the practice has not been included in the collective bargaining agreement, the practice is commonly referred to as a past practice. In most jurisdictions, and established past practice is treated the same as a written contractual provisions, and the violation or unilateral changing of an established past practice can give rise to a grievance

answer

Both statements are true

question

The rights of public sector firefighters to bargain collectively is primarily governed by _______law

answer

State

question

What are the three basic types of impasse disputes?

answer

Representational, interest, and grievance

question

The right to collectively bargain is a federally recognized right embodied in the United States Constitution. T /F

answer

False

question

In labor terms a(n) _________occurs when the parties cannot reach an agreement despite bargaining in good faith

answer

Impasse

question

A basic premise of collective bargaining is that both sides must bargain in good faith. Bargaining in good faith requires both parties to make a concession or change a position.

answer

First statement is true, second is false

question

If a union firefighter alleges a contractual violation, but the Union chooses not to pursue the grievance, the firefighter may pursue the grievance on his or her own, at their own expense. T /F

answer

False

question

The term strike as defined by the National Labor Relations Act and most state Labor Relations Board, refers to a concerted stoppage of work, but does not include work slow downs, sick out or other concerted activities. T / F

answer

False

question

A fundamental principle in labor relations law is that where employees desire to organize, there shall be one exclusive representative of employees with whom the employer must negotiate. Collective bargaining statutes establish guidelines for the makeup of appropriate bargaining units.

answer

Both statements are true

question

Interest bargaining refers to the process of________

answer

Negotiating a collective bargaining agreement

question

The term discrimination refers to an act which streets another person differently on account of a prohibited classification. The First Amendment's freedom of speech clause is the constitutional basis for the prohibition against illegal discrimination.

answer

First statement is true, second statement is false

question

One of the most significant accomplishments of the Civil Rights Act of 1964 was that for the first time_______

answer

Protection was extended to private acts of discrimination

question

Under the ADA, an employer may ask a job applicant whether or not the applicant has a disability, or the nature or severity of a disability, prior to making an offer of employment, so long as that information is not used to discriminate. T / F

answer

False

question

The United States Constitution provides us with a number of important rights, including the right to free speech, freedom of the press, freedom of religion, to process, and equal protection, collectively called our civil rights. While the Constitution identifies these rights, it is silent as to how these rights are to be protected.

answer

Both statements are true

question

The first civil rights law was the______

answer

Civil Rights Act of 1866

question

The Americans with Disabilities Act of 1990 prohibits discrimination against a person on account of a disability. While the ADA protects against discrimination in housing, public accommodations, physical access to buildings, and voting, it does not protect against employment discrimination.

answer

First statement is true, second statement is false

question

A fire department may lawfully impose a mandatory retirement age as low as 55 provided such is not a subterfuge for unlawful age-based discrimination. T / F

answer

True

question

A job task analysis is essentially a process to identify and establish the various tasks and activities that make up the essential and marginal functions of a job. T / F

answer

True

question

For purposes of the ADA, employees and applicants with drug addictions, or who are currently using illegal drugs, are included within the definition of a person with a disability. T / F

answer

False

question

Under the ADA , the essential functions of a job are those fundamental duties of a position that a person must be able to perform with or without the assistance or reasonable accommodations. Job duties that are not fundamental or essential are characterized as marginal functions.

answer

Both statements are true

question

Sexual harassment is a form of gender based sex discrimination, prohibited by the title VII of the Civil Rights Act of 1964. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature, when submission to or rejection of this conduct affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile, or offensive work environment.

answer

Both statements are true

question

Under the Pregnancy Discrimination Act, employees must be permitted to work as long as they are capable of performing their jobs. Concerns about the safety of the employee or the baby or not adequate grounds for prohibiting the employee from working.

answer

Both statements are true

question

An important factor in determining whether clothing, uniform, and grooming standards will be upheld if it is challenged, is that the regulations are in accordance with commonly accepted social norms and reasonably related to the employer's business needs. T / F

answer

True

question

Sexual harassment of men by other men can occur, as can harassment of women by other women, and harassment of men by women. However, a person's sexual orientation is highly relevant in such cases, as by definition heterosexual men cannot be guilty of sexually harassing other heterosexual men.

answer

First statement is true, second statement is false

question

There are _____main types of sexual harassment

answer

2

question

The victim of sexual harassment need not have been the target of the sexually offensive conduct. A person who is exposed to a sexually hostile work environment, even where the hostility is directed at another, may have an action for sexual harassment. T / F

answer

True

question

Reasonable and non-discriminatory uniform, clothing, and grooming requirements that are different for men and women_____

answer

Are usually upheld

question

The conduct of customers or clients can create a sexually hostile work environment. Liability for an employer is triggered when the employer knew or should have known about the harassment, and the employer failed to take appropriate corrective action.

answer

Both statements are true

question

A firefighter who refuses to respond to a certain type of facility in his or her community due to religious beliefs________

answer

Need not be accommodated and may even be terminated

question

Discrimination on the basis of pregnancy is a violation of the Pregnancy Discrimination Act but not Title VII.

answer

False

question

As a general rule, under the FLSA all hours during which an employee is required to be on the employer's premises or at a prescribed workplace, are included in the calculation of maximum hours. If the employer permit an employee to continue working after the scheduled hours are over, the time is considered compensable even though such additional time is not employer mandated.

answer

Both statements are true

question

Fire Department ambulances that perform only routine patient transfers and all non fire department based ambulances are subject to the 40 hour requirements under FLSA. T / F

answer

True

question

As interpreted by the Department of Labor regulations, the term \"employee in fire protection activities\" includes all emergency medical and ambulance service personnel, if such personal form an integral part of the public agencies fire protection activities.

answer

True

question

Municipal firefighters may not be subjected to drug tests without a search warrant that is based upon probable cause. T / F

answer

False

question

The Fair Labor Standards Act has had a minimal impact on the fire service compared to many other professions. T / F

answer

False

question

Which of the following are true regarding the FLSA firefighters exemption?

answer

All of these are correct. it applies to all personnel engaged in fire protection activities for a public employer. It is often referred to as the 7k exemption because it is section 207 K of the FLSA. public-sector firefighters are entitled to overtime only if their average weekly hours exceed 212 hours in a 28 day period, or a corresponding list for number of hours for a shorter work.

question

Regarding FLSA, a work period is required to coincide with pay periods. T / F

answer

False

question

The FMLA applies to which of the following

answer

All of these are correct. all federal, state, and local governments. public and private elementary and secondary schools. Employers with 50 or more employees.

question

A career firefighter in one fire department may not volunteer with another fire departments in the area if that fire department provides mutual aid to the department in which the person is employed. Doing so would violate the Fair Labor Standards Act. T / F

answer

False

question

The Supreme Court identified _____factors that must be considered when determining the reasonableness of drug tests.

answer

3

question

Public accountability laws have minimal impact on the fire service T /F

answer

False

question

Open records laws commonly applied to documents, forms, applications, permits, papers, letters, maps, and books, that are created by a government agency or that are received by governmental agency, pursuant to a law or ordinance, or in connection with the transaction of official business, but do not extend to tapes, photographs, films, sound recordings, magnetic or other types, electronic data processing records, computer store data, or electronic mail messages

answer

False, it applies to all of these

question

Violations of state conflicts of interest laws as well as my license of state codes of ethics may be considered to be civil violations for which the guilty party can be fined by the Ethics Commission, or they may be prosecuted as criminal offences. Typically the state Ethics Commission is assigned responsibility to investigate to civil violation of state laws while the Attorney General or district attorney would oversee any criminal investigation.

answer

Both statements are true

question

Conflict of interest laws focus primarily on financial conflicts. T / F

answer

True

question

Which of the following is true regarding financial disclosure laws?

answer

Financial disclosure requirements arise out of both ethics and election based laws

question

Open meeting laws allow the public to be present, but do not require that the public be allowed to participate. It is not a violation of the Open Meeting Law to prohibit members of the public from speaking at meetings

answer

Both statements are true

question

Conflict of interest are considered to be worse when:

answer

Undisclosed or concealed

question

All of the following create possible open meetings law violations for Fire District Board except:

answer

Attendance at a promotional ceremony by all board members were no discussion take place

question

Open meeting laws prohibit secret meetings of public bodies, but informal meetings of the public body are allowed provided they are disclosed at the next public meeting. True or false

answer

False

question

Public accountability logs are a diverse group of laws whose fundamental purpose is to:

answer

Foster integrity in government and promote public confidence

question

A limitation to immunity protection is recognized where a government actor is found to have a victim a \"special duty\". true or false

answer

True

Legal Aspects of Fire Protection FIRT 1353

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