City hires legal counsel to implement Fire Fighters & Police Civil Service System
By: Jose G. Landa, Copyright 2015, Eagle Pass Business Journal, Inc.
As a result of City of Eagle Pass voters overwhelming approval of the Fire Fighters and Police Civil Service Referendum at the May 9, 2015, City election, the City of Eagle Pass will need to approve and implement new City Ordinances to establish the Fire Fighters and Police Civil Service Act System under Texas law as well as hire legal counsel to assist it draft and implement it.
At its Tuesday, June 23, 2015 special meeting, the Eagle Pass City Council discussed and approved the hiring of the law firm of Lynn Ross Galloway and Crawford, LLP, to assist the City of Eagle Pass to implement the Fire Fighters and Police Civil Service Act System.
During the discussion, the City Council touched on what exactly is current City Attorney, Langley & Banack, scope of work under its legal services contract and whether this Civil Service Act legal work falls under their scope of work or not.
Eagle Pass Mayor Ramsey English Cantu presented agenda item No.8, calling for an agreement with legal counsel to draft the ordinances and policies to implement the civil service act for the City of Eagle Pass Police and Fire departments.
City Manager Gloria Barrientos stated that the City had received two proposals for legal services to assist the City of Eagle Pass to roll out or implement the fire fighters and police civil service act approved by voters at the May 9th election.
“Since this will be the City’s first time doing something like this. We received a proposal from Lynn Ross Galloway and Crawford LLP and also a proposal from Langley & Banack,” said City Manager Gloriea Barrientos.
Barrientos advised City Council that under the proposal from Lynn Ross Galloway and Crawford LLP that the law firm would assist the City of Eagle Pass in the transition to Chapter 143 Civil Service, including the drafting and preparation of ordinances and documents.
Mayor Cantu asked Barrientos if there had been a formal process followed in the review of the two proposals received by the City. “Or is it just through you?,” Mayor Cantu asked Barrientos.
“I did meet with Human Resources and Finance to review them,” replied Barrientos.
Mayor Cantu stated that he understood that it was an administrative function but that he just wanted to make sure that a standard process was being followed.
Mayor Cantu stated that the City Council had not received copies of the proposals until then.
Barrientos replied that copies of the two proposals had been provided and were there for City Council to review.
Barrientos noted that they had only made copies of the proposal for Lynn Ross Galloway and Crawford LLP and not for Langley & Banack. “We only have the one for Lynn Ross. We didn’t get the one for Langley & Banack,” said Barrientos.
Councilwoman Gloria E. Hernandez stated she had asked for another companion agenda item, no. 11 calling for review of the scope of work of City Attorney Langley & Banack, was precisely for this reason to determine what exactly is covered under Langley & Banack’s legal services contract with the City of Eagle Pass and what is not. “It hasn’t been made clear under the agreement with them, what they are doing. This is why I am asking for clarification in another agenda item (No.11). This would not have fallen under the scope of work of Langley & Banack?” asked Hernandez.
“No.” answered Barrientos
“And, I haven’t seen a document that says that it doesn’t.” added Hernandez.
Mayor Pro-Tem Rudy Villalpando concurred with Councilwoman Hernandez.
City Manager Gloria Barrientos stated that this type of legal work would not be included in Langley & Banack’s contract because it is the first time that such work has to be done in the City. “This is the first time that the City is encountering something like that. So it would require additional services,” said Barrientos.
“Not to say that they cannot do it, but it’s not part of their current contract, the daily city business. This would be an additional item,” said Barrientos.
“I received an e-mail from Mr. Heriberto Morales which says that if the City wishes to have them do the work, they can agree to an amount not to exceed $15,000,” said Barrientos.
Barrientos advised City Council that the Lynn Ross Galloway and Crawford LLP proposal was between $14,000 up to $27,000. “This would be billed on monthly statements,” said Barrientos.
“The recommendation from the committee is that we go with Lynn Ross Galloway and Crawford LLP. She is a leading expert in this field with years of experience assisting municipalities in rolling out the civil service act. We did discuss this with our legal department,” said Barrientos.
City Council then asked Barrientos who was in the committee. “We have the Human Resources department, Finance department, and myself,” answered Barrientos.
“But there wasn’t a formal committee?,” queried Mayor Cantu.
“No, we didn’t have a formal committee,” replied Barrientos.
Mayor Cantu stated that based on the letter being presented to City Council it seemed that Administration under an assumption had already retained, Lynn Ross Galloway and Crawford, LLP. “Is that a fair statement?,” asked Mayor Cantu.
“They are aware that the item had to come to Council and that it required Council approval. It’s just a proposal. They’re not assuming that we are going to hire them.” answered Barrientos.
“I can understand the concern where we don’t know whether this falls under the scope of our current legal counsel. And I can also see the expertise that they (Lynn Ross) bring,” said Mayor Cantu.
Mayor Cantu asked Langley & Banack Legal Counsel Paul Fletcher if his firm would also bring such expertise through one of their associate attorneys.
Fletcher replied that there are attorneys in Langley & Banack who have worked on civil service matters but that none have seen through the implementation of such a civil service act from its onset.
“I think that’s why speaking for administration, they contacted her initially (Lynn Ross) to give you a presentation some months ago. Just for the Council’s benefit, I visited with Miss Lynn at a city attorneys conference last week and told her that we would be happy to work with her and help her as best as we can to implement the process in an efficient and economical manner,” said Fletcher to City Council.
Council further discussed certain issues that arise from the implementation of the civil service program with administration and legal counsel including pre-civil service and post-civil service entitlements. Council also discussed as to how Langley & Banack as the City of Eagle Pass attorneys would have to work side by side with Lynn Ross Galloway and Crawford LLP in changes to existing policies and ordinances to accommodate the civil service act.
Councilman Luis E. Sifuentes asked Fletcher “in you working with Betty Lynn in implementing those new ordinances, would that be additional cost to the City or is that part of your current contract?”
“That would be additional fees, I believe. But I have not looked at that specific issue so I would like to reserve my comment on that,” answered Fletcher.
Mayor Cantu asked City Manager Gloria Barrientos if they could assure that the City does not meet any deadlines and for a timeline to be created and followed in implementing the Civil Service Act, because it was something that ultimately the city voter approved and is of great importance. “We need to make sure that all this is being handled,” said Mayor Cantu.
City Council voted in favor of hiring Lynn Ross Galloway and Crawford LLP to assist the City of Eagle Pass in rolling out the implementation of the Civil Service Act for the City of Eagle Pass Police and Fire Departments.
The Civil Service Act must be set in place by October 3, 2015.
City Council tabled agenda item No.11 calling for discussion of the scope of work of City Attorney Langley & Banack due to the reason that Heriberto Morales as a representative of Langley & Banack was not present at this meeting. Morales requested that City Council table the agenda item no. 11 for a future date when he can be present to answer any questions that City Council and Administration may have regarding the scope of work that Langley & Banack is responsible for to the City of Eagle Pass under its legal services contract.
During the presentation of agenda item No.11 City Council woman Gloria Hernandez did state that she was under the impression “that any ordinances, policies and everything goes through Langley & Banack.”
Stay tuned.
