New Eagle Pass Housing Authority Executive Director trumps personnel policies

By:  Jose G. Landa, Copyright 2014, Eagle Pass Business Journal, Inc.

Newly hired Eagle Pass Housing Authority Executive Director Maria “Mary” D. Velasquez trumped the local public housing authority’s personnel policies and procedures in hiring a new Regional Asset Manager according to the December 19, 2013 Board of Commissioners meeting.

During Agenda Item No. 8 of the December 19th Board meeting, EPHA Executive Director Mary Velasquez in her Executive Director’s “Report on personnel vacancies, promotions, demotions, and/or transfers” advised the Eagle Pass Housing Authority Board of Commissioners that Eliza Cano was promoted by her from Asset Manager to Regional Asset Manager with a salary increase from $15.59 per hour rate of pay to $20.34 per hour rate of pay.  Board Chairperson and President Ana B. Gonzalez, who usually is an ardent advocate for following policies and procedures, did not raise any questions, concerns, or comments upon the Board being advised by Velasquez that she had promoted Cano to the Department Head position of Regional Asset Manager.  Neither did Board Vice-President Jose “Joe” L. Gonzalez, Commissioner Pedro “Pete” Venegas, and Tenant Commissioner Delfina Garza Morales raised any questions, concerns, or comments upon Velasquez’s announcement.  EPHA General Counsel Heriberto Morales also did not raise or ask any questions.

The only Board member to raise a concern, comment, and question to Velasquez’s surprised announcement was Commissioner Ricardo E. Calderon.  Commissioner Calderon asked Velasquez if she had advertised the job opening and how many candidates had been considered for the position.  Velasquez replied that she had not considered any other candidates nor advertised the position because Ms. Cano had 23 years of experience working with the Eagle Pass Housing Authority.  Velasquez stated she had promoted Ms. Cano based on her 23 years experience at the local public housing authority.

Velasquez, however, in the same agenda item reported to the Board of Commissioners that Mario Reyes, Jr. was retiring from working at the Eagle Pass Housing Authority and that his Maintenance Mechanic Aide position had become open.  Velasquez advised the Board of Commissioners that she planned to advertise the Maintenance Mechanic Aide job opening in a local newspaper to find a replacement.

Also in her same Agenda report, Velasquez advised the Board of Commissioners that the position of Finance Director had been advertised and that three candidates had responded and applied, including two which had a college degree.  Velasquez told the Board of Commissioners that she planned to interview these candidates.

According to the Housing Authority of the City of Eagle Pass Employee Policy Manual, “the EPHA is an Equal Opportunity Affirmative Action Employer.  The EPHA’s commitment to equal employment opportunity extends to all job applicants and employees and to all aspects of employment….The goal will be to assure true equal employment opportunity for all.”  The EPHA Employee Policy Manual further states that “All employees and applicants are guaranteed equality of employment opportunity.  The EPHA will not discriminate against employees or applicants on the basis of race, color, religion, sex, age, national origin, disability, status as a disabled veteran or veteran of the Vietnam Era, military status, or any other legally protected class or status.  The EPHA will not otherwise engage in any form of unlawful discrimination or retaliation.”

The EPHA Employee Policy Manual expressly states that “the EPHA shall announce by appropriate means all vacancies to be filled and shall maintain a public posting of current employment opportunities.  Each announcement, insofar as practicable, shall specify the title, salary, nature of the job, and the required qualifications.  Each announcement shall contain a statement affirming the EPHA’s commitment to a policy of equal employment opportunity.”

Further, the EPHA Employee Policy Manual states that “the EPHA shall take positive steps to assure that recruitment publicity is effectively disseminated among employees as well as to the broader labor market.  Exceptions to this provision shall be positions that returning military veterans, whose positions were abolished during their absence, are qualified to fill.”

The EPHA Employee Policy Manual states that “the authority to appoint, demote and terminate personnel, shall be vested in the Executive Director.”

EPHA Executive Director Mary Velasquez trumped and disregarded the EPHA’s Employee Policy Manual which requires that all vacancies and job openings be announced in a public posting and failed to advertise the Regional Asset Manager job vacancy to current employees and the public, particularly to U.S. Veterans.  Velasquez did not follow the EPHA’s personnel policies and procedures clearly outlined in the Employee Policy Manual. It is unknown why Velasquez did not advertise the Regional Asset Manager position while the other two job openings were advertised.

Furthermore, the EPHA’s Job Description for Regional Asset Manager expressly states that the qualifications and knowledge required are “a Bachelor’s degree with Master’s degree preferred in Business, Public Administration, or a closely related field from an accredited college or university and five (5) or more years of experience in property management or low income housing with increasing responsibility in a senior supervisory capacity.”  EPHA Executive Director Mary Velasquez also did not follow the EPHA’s Job Description for the Regional Asset Manager qualifications as the person promoted does not have a Bachelor’s degree, although does meet the minimum five years of experience required.

As a result of Velasquez’s not following the EPHA’s Employee Policy Manual, qualified EPHA employees and local job applicants, particularly Veterans, were denied the equal opportunity to apply for the Regional Asset Manager position. Velasquez’s failure to post and advertise the Regional Asset Manager position may subject the local public housing authority to complaints of violating state and federal equal employment laws.