Eagle Pass Police and Fire Department Employees present Municipal Civil Service Petition to City Council
By: Jose G. Landa, Copyright 2015, Eagle Pass Business Journal, Inc.
As a result of the City of Eagle Pass Employee Pay Plan’s failure to provide proper job descriptions and compensation for City Police and Fire Department Employees, a concerned group of Eagle Pass Police and Fire Department employees have obtained sufficient local registered voters to sign a petition to the City of Eagle Pass City Council requesting that Municipal Civil Service for Police and Fire Department Employees be placed on the ballot of the Eagle Pass municipal general election on Saturday, May 9, 2015.
As previously reported exclusively by the Eagle Pass Business Journal, the City of Eagle Pass Employee Pay Plan was attacked as being incomplete, dysfunctional, and causing Police and Fire Department employees receive a salary pay decrease instead of its intended purpose to increase their salaries at a February 3, 2015, City Council meeting.
Pursuant to Section 143.004 of the Texas Local Government Code, the signed petition for approval of a Municipal Civil Service for City of Eagle Pass Police and Fire Department employees was presented to City Secretary Imelda Rodriguez for her review and approval by the City Council at their next special meeting on Thursday, February 19, 2015 at 5:30 P.M. at City Hall Council Chambers for placement on the City’s May 9th General Election. The Eagle Pass City Council February 19th meeting agenda includes discussion and possible approval of the City Police and Fire Department employees petition to be placed on the May 9th City Election Ballot.
If City Secretary Imelda Rodriguez certifies the employees petition as satisfying the state law requirements, the petition will be discussed and possibly approved by City Council at their February 19th meeting (today).
The Civil Service for Firefighters and Police Officers Section of the Texas Local Government Code, Chapter 143, is designed to provide civil service protection for certain municipal employees including police officers and fire fighters.
The original petition submitted by the City employees group states: “We the undersigned duly qualified voters of the City of Eagle Pass, residing in Maverick County, State of Texas, present this petition pursuant to the Texas Local Government Code, Chapter 143 and the Texas Election Code Chapter 277, to the Mayor and City Council of Eagle Pass, Texas and request the following proposition be submitted without alteration or amendment for an election to be held on the first authorized uniform election date prescribed by the Election Code. Petitioners request and respectfully demand that such necessary action be taken at the next regular session of the City of Eagle Pass City Council to set the election date, and in no event later than thirty days after the filing of these petitions.”
The petition further reads that ” Pursuant to Section 143.004 of the Texas Local Government Code, the proposition is to read as follows: for the proposition “Adoption of the Fire Fighter and Police Officers Civil Service Law or Against the proposition “Adoption of the Fire Fighter and Police Officers Civil Service Law.”
The City employees petition is accompanied with a letter addressed to City Secretary Imelda Rodriguez and states: “We are submitting the required entries signed by registered voters as stated in Section 143.004 (d) of the Texas Local Government Code “to be a valid, petition for subsequent election must contain the signatures of a number of qualified voters of the municipality equal to at least 20% of the number of voters who voted in the most recent municipal election.”
The proposition seeks to secure efficient fire and police departments comprised of capable personnel who are free from political influence and who have permanent employment tenure as public servants. If the petition were to be approved by a majority of Eagle Pass voters at the May 9th general election, City Police and Fire Department employees would now be under the state civil service law instead of the City of Eagle Pass employee rules and procedures.
For example, Section 143.005 of the Texas Local Government Code, provides in pertinent part: Status of employees: (a) Each fire fighter or police officer serving in a municipality that adopts this chapter and who has been in the service of the municipality for more than six months at the time this chapter is adopted and who is entitled to civil service classification has the status of a civil service employee and is not required to take a competitive examination to remain in the position the person occupies at the time of the adoption.(b) In a municipality that adopts this chapter, an employee of the fire department whose primary duties are to provide emergency medical services for the municipality is considered to be a fire fighter who is a member of the fire department performing fire medical emergency technology, entitled to civil service protection, and covered by this chapter.
Another example is Section 143.006 of the Texas Local Government Code provides the implementation of a Commission: (a) On adoption of this chapter, the Fire Fighters’ and Police Officers’ Civil Service Commission is established in the municipality. The chief executive of the municipality shall appoint the members of the commission within 60 days after the date this chapter is adopted. Within 30 days after the date the municipality’s first full fiscal year begins after the date of the adoption election, the governing body of the municipality shall implement this chapter.
The Commission will be responsible for following all the requirements set and established by the passing of the law including commission investigations and inspections, appointment and removal of persons classified immediately below the Department Head, classification and appointment, classification; examination requirement, physical requirements and examinations, eligibility for beginning positions, entrance examinations, probationary periods, eligibility for promotions, compensation, salary, longevity or seniority pay, educational incentive pay, assignment pay, certification pay, shift differential pay, fitness incentive pay and accumulation and payment of sick leave and vacations.
Other important sections covered under the proposed Civil Service Law are disciplinary actions such as cause for removal or suspension, appeal of disciplinary suspension, demotions, uncompensated duty of police officers, procedures after felony indictment or misdemeanor complaint, hearing examiners, investigations of police officers and fire fighters, and polygraphs examinations. The proposed Civil Service Law will significantly change the current authority or power of the City Manager regarding the hiring, promotion, discipline, or termination of City Police and Fire Department employees. City Police and Fire Department will receive greater protections from these actions under the state Civil Service Law than the current City Employee Rules and Procedures.
The proposed Fire Fighters and Police Officers Service Commission provides that cause for removal or suspension of a fire fighter or police officer is not valid unless it involves one or more of the following grounds: conviction of a felony or other crime involving moral turpitude; violations of a municipal charter provision; acts of incompetency; neglect of duty; discourtesy to the public or to a fellow employee while the fire fighter or police officer is in the line of duty; acts showing lack of good moral character; drinking intoxicants while on duty or intoxication while off duty; conduct prejudicial to good order; refusal or neglect to pay just debts; absence without leave; shirking duty or cowardice at fires, if applicable; or violation of an applicable fire or police department, rule or special order.
Another section of the proposed state Civil Service Law addresses leaves and absences, restriction prohibited, military leave and absence, line of duty illness or injury leave of absence, reappointment after recovery from disability and military leave time accounts, legislative leave, and legislative leave account.
The proposed state Civil Service law includes the determination of physical and mental illness, efficiency reports, emergency appointment of temporary fire fighters and police officers, civil service status and pension benefits for certain fire fighters and police officers, force reduction and reinstatement list, political activities, strike prohibition, unlawful resignation or retirement, personnel file, release of photographs of police officers, and other matters.
Other sections that are covered under the Civil Service Law and pertaining to procedures of appointments are Section 143.102 regarding the appointment of assistant chief, specialized police divisions, examination procedures, entrance examination for beginning peace officer position in police department, eligibility for beginning position in police department, eligibility for beginning position in fire department, applicant for beginning position in police department with previous experience, eligibility for fire department promotional examination, promotional examination notice, promotional examination grades, crossover promotions in police department, transfers in position in same classification in fire department, temporary duties in higher classification, payment of sick leave on termination of service, disciplinary suspensions, appeal of disciplinary suspension, indefinite suspensions, appeal of indefinite suspension, appeal to district court, reinstatement, and grievance procedures and mediation.
The Civil Service law in its entirety can be read at www.statutes.legis.state.tx.us/Docs/LG/htm/LG.143.htm.
The City Council meeting on February 19th is open to the public. All interested and concerned citizens are welcomed to attend the City Council meeting and express their opinions during the Visitor Recognition agenda item at the beginning of each City Council meeting.
