Eagle Pass City Manager presents City’s Opposition to Fire Fighters and Police Officers Collective Bargaining Rights
By: Jose G. Landa, Eagle Pass Business Journal, Inc., Copyright 2016
The City of Eagle Pass, Texas registered voters will determine if the City’s Fire Fighters and Police Officers will be allowed to have collective bargaining rights concerning their employment with the City of Eagle Pass at a special election to be held on Saturday, May 7, 2016, at the Multi-Purpose Center, located at 488 South Adams Street in Eagle Pass. The Early Voting Period for this special election will start on April 25, 2016 and run until May 3, 2016 at the Multi-Purpose Center from 8 A.M. to 5 P.M.; Election Day is May 7, 2016 from 7 A.M. to 8 P.M.
This issue arose as a result of the City of Eagle Pass Employee Pay Plan developed by former City Manager Gloria Barrientos and Human Resources Director Isabel Perez and approved by the City Council failed to provide appropriate job descriptions and pay plans for the City’s Fire Fighters and Police Officers, forcing the local Fire Fighters and Police Officers to petition City Council for a special election to be governed by Civil Service Commission rules and regulations under Texas law instead of the dysfunctional City Employee Pay Plan. City Fire Fighters and Police Officers alleged that the City’s Employee Pay Plan decreased their pay instead of increasing it and that the City’s Employee Pay Plan was totally dysfunctional and unfair to them.
Had the City of Eagle Pass not mishandled the City’s Employee Pay Plan regarding Fire Fighters and Police Officers and treated their first responders with dignity, respect, and fairness in their grievances, City taxpayers possibly would not be facing the May 7, 2016 Special Election for the City’s Fire Fighters and Police Officers Referendum for Collective Bargaining.
The Eagle Pass City Council approved the City’s Fire Fighters and Police Officers petition for a Civil Service Commission Referendum Special Election on February 19, 2015, establishing the special election on May 9, 2015. Eagle Pass voters overwhelmingly approved the City’s Fire Fighters and Police Officers Civil Service Referendum with 1,710 votes in favor (80.9%) and only 425 votes against (19.91%) at the May 9, 2015 special election. Local voters approved the City’s Fire Fighters and Police Officers to be governed by the Civil Service Commission under Texas law. A three member local City of Eagle Pass Civil Service Commission was appointed by the Eagle Pass City Council on July 7, 2015, composed of Andres Beattie, Alfredo Coronado and Mrs. Ana Bermea.
On August 18, 2015, the Eagle Pass City Council approved the City’s Fire Fighters and Police Officers Petition for Collective Bargaining Referendum Special Election to be held on May 7, 2016.
Both the City of Eagle Pass Mayor and City Council and City Administration failed to appreciate the advantages and disadvantages of the City’s Fire Fighters and Police Officers’ dual petitions for Civil Service and for Collective Bargaining to City taxpayers and the best interests of the City’s annual financial budget and its effects thereto.
Any one who follows public government knows that the filing of the petition for civil service was a prelude to the filing of a petition bargaining rights.
On March 22, 2016, the Eagle Pass City Council finally assessed the advantages and disadvantages of the City’s Fire Fighters and Police Officers’ Referendum for Collective Bargaining and approved a resolution in opposition to the City’s Fire Fighters and Police Officers obtaining collective bargaining rights and be represented by a union concerning their employment terms and conditions with the City of Eagle Pass. In addition, a group of concerned business owners and civic leaders have formed an ad hoc committee to educate the local taxpayers why Collective Bargaining rights is not in the best interests of property owners and would increase the costs to annually administer the City’s budget and operations.
Eagle Pass City Manager Hector Chavez in an exclusive interview with the Eagle Pass Business Journal on the state of the City of Eagle Pass government and its stance regarding the City’s Fire Fighters and Police Officers Referendum for Collective Bargaining and the decision of the Eagle Pass City Council to pass a resolution against the approval of the Fire Fighters and Police Officers Collective Bargaining rights at the May 7, 2016 special election.
“Civil service and Collective Bargaining are two entire different subjects. Civil service has already been passed. It was put out to the voters and they overwhelmingly voted for it. So police officers and firefighters are now under civil service and they are protected. Now, the promotions, hiring and discipline are all done under Civil Service. The city has nothing to do with it, they have a Civil Service commission and director. Any issues that come up are addressed by them.” said Chavez.
Chavez did state that one of the things that is determined by the City of Eagle Pass governing body is the salaries based on the city budget.
Chavez then proceeded to give an overview of the Collective Bargaining process and how it could potentially affect the city government and its taxpayers.
“Collective Bargaining is apart. This is another election that is being called for. In all, Eagle Pass is not the only city that is facing Civil Service and Collective Bargaining.”said Chavez.
Chavez stated that the implementation of Civil Service is usually followed by Collective Bargaining if the parties involved on both sides cannot come to an agreement on certain things and an ironing out of certain employment terms and conditions are not worked out.
“ If any problems might come up and they get to a standstill , where they can’t be able to meet or agree, then normally they’ll go to the Collective Bargaining.”said Chavez.
“Right now we went out for Civil Service, we started out on October of 2015 and in less than 6 months we’re now faced with Collective Bargaining . I think, maybe we could of waited a little bit longer, but again its something that is already being called for and that’s their right to do so.” added Chavez.
“I would like to point out that Collective Bargaining would cost more money in relation to the city of Eagle Pass as an entity but also to the citizens. Because , they’re some things such as all city employees are covered by insurance as an employee. But if you have a family, you have to pay and under Collective bargaining , normally that’s one of the first things that they seek which is they want for their dependents to also be paid for and covered. “ said Chavez.
Would those cost be taken on by the City of Eagle Pass, subsequently the taxpayer?
“Yes, any costs that come up would have to come from the citizens.”answered Chavez.
“Our Fire and Police Department, I believe are the best in the state and we’re going to be looking out for them at all times.” added Chavez.
“If you ask me, are our firefighters/ police officers and the rest of our employees paid what they’re worth. I would have to say, no, based on what I see on an daily basis. But, we’re controlled by a budget. We only have so much revenues that come in and that is all that we can allocate. We do have a good pay plan that allows for you to grow. Of course, you will have to do some extra work such as getting certifications and things like that, but the possibilities are there. Most of the time it will depend on you and if you want to grown with your department.”added Chavez.
Chavez then spoke of the city’s commitment to maintain a well running organization via providing opportunities and even the necessary tools / equipment for the different departments including the Fire and Police departments.
“We strive to get to replace equipment not only for the fire department but also for the police department.
Chavez mentioned that the city had just obtained 8 new police unties and recently a new fire fighting engine and that the city is currently in the process of securing 2 new ambulances and another fire engine.
Would the implementation of Civil Service and Collective bargaining assure more professional departments due to the stringent measures/rules, that those under civil have to abide by and follow?
“I think that has been done with Civil Service, it has a lot of requirements. Not anybody , now can be a police officer, there is a lot of requirements and also with promotions which are now based on testing. Now its up to you as an individual , if you pass the test then you’re eligible for a promotion . There is no way they can pass you over. If you’re a firefighter or police officer and you want to get a promotion then it behooves you to study everything about your profession and when the opportunity comes up , apply for it and if you get the higher score , then you’re it , your going to be in and their is nobody else that is going to make that decision, it’s up to you.” answered Chavez.
“We have been able to fill every vacancy we have within the police department. We have not been able to do that at the fire department , we are working on it , were working on recruitment but now with civil service, they have to take a test and they have to pass it. If they don’t pass it they can’t apply. The other side of the coin , is, if you do pass it , it doesn’t matter if you have experience or not. We put you on board and we provide the training and give you a job with an opportunity to progress. I think that the system that is their is good and working. We do have to give it a little more time and then in a few years from now , if our fire fighters and police officers , see some issues that cant be resolved then maybe we would be looking at that (Collective Bargaining). I do want to say this to both groups , administration is always open to meet and work on any problems that they might have. They are part of our team. We do want to make sure that we treat everyone in a fair manner.”added Chavez
Chavez stated that one of his priorities is looking at recruitment but also retaining employees.
“It has been a big issue , especially in the police department , we would bring them on board then they get trained and they get certified and they then go and explore their options with other agencies. We have not been able to keep up with those salaries , competitively. It is an issue that we’re looking at because the employees , deserve it and if we as a city are going to spend so much money training people , we need to make sure that we also invest so that we can keep those people.” said Chavez.
Chavez concluded by stating that the city has done extensive research on the collective bargaining process , making preparations into the possible implementation of Collective Bargaining if passed by the voter in May , 2016 and also looking out for everyone involved not just one group.
“We’re making preparations by making sure that we’re fully aware of everything that we would need to address such implementation including actual expenditures. “ said Chavez.
“Again I stress because I really feel that what they have in place is good and working (Civil Service and Pay Plan). At the end we as administration have to make sure that we do keep cost down and work with them and all our employees and most importantly all taxpayers.” concluded Chavez.
The Eagle Pass Business Journal attempted to contact Raul Gonzalez, Jr., representative for the City’s Police Officers and Fire Fighters, concerning the Collective Bargaining Referendum Special Election on May 7, 2016, but was unable to speak or interview him before press time. The Eagle Pass Business Journal will continue to seek to interview Raul Gonzalez, Jr. or other representatives of the local Fire Fighters and Police Officers for their respective viewpoint on why local voters and taxpayers should approve Collective Bargaining rights.
