City Fire Fighters and Police Civil Service Implemented as Collective Bargaining Election Scheduled for May 14, 2016

By: Jose G. Landa, Eagle Pass Business Journal, Inc., Copyright 2015

As a result of City of Eagle Pass, Texas voters overwhelming approval of the Fire Fighters and Police Civil Service Referendum at the May 9, 2015 City election, the City of Eagle Pass is implementing the City Fire Fighters and Police Civil Service Plan this week to comply with the October 2015 deadline, but the City of Eagle Pass will have to schedule a Collective Bargaining Election at the next City election scheduled for Saturday, May 14, 2016.

This petition to seek citizens approval of establishing a Municipal Civil Service for Eagle Pass Fire and Police Department employees arose as a result of discontent with the City’s Employee Pay Plan which remains incomplete and dysfunctional despite being approved in 2013 by City Council. The City’s Employee Pay Plan is deficient with regards to the appropriate job descriptions of certain Fire and Police Department positions resulting in a salary decrease for some employees.

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 fire fighters and police officers.

The voters of the City of Eagle Pass, Texas overwhelmingly approved the Fire Fighters and Police Officers Civil Service Referendum casting 1,710 (80.09%) votes in favor with only 425 (19.91%) votes against, at the May 9, 2015 City Election.

The next step for City of Eagle Pass Fire Fighters and Police Officers and the City of Eagle Pass is the City’s Fire Fighters and Police Officers election for collective bargaining rights under Texas Civil Service law to be held at the May 14, 2016 municipal election.

City Secretary Rodriguez presented City Council a copy of the petition regarding the adoption of the Collective Bargaining for Firefighter and Police Officers under the Texas Local Government Code Sec.174.05C, during their special meeting held on Tuesday, August 18, 2015. Rodriguez stated that a petition had been submitted by citizens on August 6, 2015.

“The petition is for or against the adoption of an amicable firefighters and police officers collective bargaining if a majority of the affected employees favor representation by an employee association preserving the prohibition of lock outs and strikes and provides penalties for strikes and lock outs,” said Rodriguez.

Rodriguez stated that the petition in accordance with Section 174. 051 of Texas Local Government Code requires 5% of the qualified voters registered in the political subdivision in the preceding general election for the state and county officers.

Rodriguez added that the most recent election was held on November 14, 2014. “We had a total of 3,576 city voters, 5% of that would be 179 voters. We received a total of 366 signatures but the total number of qualified voters was 245 qualified voters. This does qualify to call for an election,” said Rodriguez to City Council.

The government body shall hold an election on the first authorized uniform election date described by Chapter 44 of the Texas Election Code that allows sufficient time for compliance with any requirements established by the law,” said Rodriguez.

City Council and Rodriguez discussed with legal counsel the first available election date for the City of Eagle Pass to hold the election presented by the citizens of Eagle Pass. Legal counsel noted that the first available election date is the May 14, 2016 City Officers election in order for the City to comply with all the legal requirements.

City Secretary Rodriguez advised City Council that the special election will cost an estimated $19,000 to the City for the May 14, 2016 election. Consequently, the City will have to amend its new budget to accommodate and appropriate the funding for the special election to be held on May 14, 2016.

Collective bargaining is a process of negotiation between employers and a group of employees aimed at reaching agreements to regulate working conditions. The interests of the employees are commonly presented by representatives of a trade union to which the employees belong.

Texas is a right-to-work state. However, Texas law allows for civil service employees such as fire fighters and police officers of a city to organize for collective bargaining.

The rights to collective bargaining by fire fighters and police officers allow these public employees to organize into unions and to negotiate actively with their city employer for adjustments in pay, benefits, hours, and other terms of their employment. Strikes, however, are prohibited.

The Collective bargaining process will now be placed on the City’s May 14, 2016 special called election for City voters to decide whether to approve or deny fire fighters and police officers collective bargaining rights.