Garland commission keeps disorderly-conduct key for exam question 57 after extended debate

The City of Garland Civil Service Commission considered an appeal of question 57 from the deputy assistant chief promotional exam and, after extended testimony, voted to retain the exam's keyed answer: disorderly conduct under Texas Penal Code §42.01.

Captain Heath Hillman presented the appeal, arguing the question only says a patron "makes an offensive gesture" and that it "provokes an argument," which he said does not show the facts "tend to incite an immediate breach of the peace" required by the statute. Hillman told the commission, "This is not a breach of the peace... a simple argument standing alone does not constitute or demonstrate a tendency to incite immediate breach of the peace."

Several Garland Police captains and test-takers, including Captain Patrick McCully and Captain Amir Shabani, countered that the word "provokes" and the phrasing in the scenario satisfy the statutory elements and that "tends to incite" can be met by the facts as presented. McCully said the scenario provides the elements and that "the law also doesn't require the peace to actually be breached. It only has to tend to incite a breach of the peace."

Following the arguments, commissioners discussed competing readings of the statute and the ambiguity raised by some speakers. A motion was made and seconded to retain the keyed answer for question 57; the commission voted by voice and the chair announced that question 57 was upheld as originally scored.