Gloves Come Off, Eagle Pass City Council approves Resolution Opposing Collective Bargaining for Fire Fighters and Police Officers
By: Jose G. Landa, Eagle Pass Business Journal, Inc., Copyright 2016
The Eagle Pass City Council’s gloves came off as they approved a resolution opposing collective bargaining rights for its City fire fighters and police officers at their special meeting held on Tuesday, March 22, 2016 under agenda item No. 8.
The citizens of Eagle Pass overwhelmingly approved a referendum last year (2015) to allow the City’s fire fighters and police officers to establish civil service rights under Texas law. Now, the collective bargaining rights of City fire fighters and police officers will be decided at a special City election to be held on Saturday, May 7, 2016. If citizens approve collective bargaining rights for the City’s fire fighters and police officers at the May 7th election, a collective bargaining system will take effect within the City of Eagle Pass for its fire fighters and police officers under Texas law.
If collective bargaining rights for the City’s fire fighters and police officers is approved by voters at the May 7th election, the City of Eagle Pass Fire Fighters and Police Officers will become unionized and be represented by a statewide union representing fire fighters and police officers. Local fire fighters and police officers favor collective bargaining rights because it provides professional advancement based on merit and qualifications without any political influence or intervention from the City Council and/or City Manager. Currently, City fire fighters and police officers are subject to the same City personnel policies and procedures as all city employees, which is easily influenced by City Hall politics.
With the City Council’s passage of the resolution opposing collective bargaining for City fire fighters and police officers, the May 7th election will now be heavily contested with the City Council against the collective bargaining measure while the fire fighters and police officers will be in favor of the collective bargaining system.
During the meeting, Eagle Pass Mayor Ramsey English Cantu opened up discussion on agenda item No.8 which called for the consideration and possible approval of a Resolution of the City Council of the City of Eagle Pass, Texas concerning the adoption of collective bargaining for its fire fighters and police officers during a Special Election to be held on Saturday, May 7, 2016.
Eagle Pass City Manager Hector Chavez stated that Collective Bargaining would jeopardize the City as a governmental entity and burden its taxpayer with increased costs annually.
Chavez, paradoxically, stated that the City was in opposition of Collective Bargaining but emphasized that in no way, shape or form was the City against its firefighters and peace officers. “They are part of the city and we want to treat all our departments the same way.” said Chavez.
Chavez also presented certain expenses that the city has accrued as a result of civil service and would increase greatly due to Collective Bargaining if passed during the May 7th election.
Chavez presented Human Resources Director Isabel Perez who gave a detailed presentation of what Collective Bargaining would mean if approved by the voters and how things would change.and hurt the city as an entity and ultimately cost the taxpayers, possibly with increased property taxes.
Perez presented information regarding what changes would be absorbed by the city under the proposed Collective Bargaining and Civil Service versus the current Non-civil service benefits.
Mayor Cantu stated that due to concerns from community members on the potential consequences of the adoption of Collective bargaining prompted the City Council to oppose the City fire fighters and police officers Collective Bargaining as a whole through a resolution.
“We have looked at all options and seen what is in the best interest for the City as a whole. I think for the community to be fully aware of the resolution that were possibly looking at and why we’re looking at it, in making sure that there’s equity among all of the city staff. We’re not looking at it from one position of the police and firefighters versus the rest of the staff within the city. Our officers at both departments, we’re always looking out for them always have and always will and those are commitments that the city feels strongly about. They are the first out there whether its a fire , an accident, a crime they truly protect and serve the citizens of the community, however, when it comes down to Collective Bargaining it might not be in the best interest for us to go down and pursue this route.” said Mayor Cantu.
Mayor Cantu proceeded to read the resolution into the record which stated that the city had taken a study and consideration of the obligations and potential effects that would occur if collective bargaining would be passed and implemented by City voters.
The City Council resolution further states that said implementation of collective bargaining is not in the best interest of the citizens of Eagle Pass and that the city and city council as a governing body have concluded that collective bargaining is not needed by the civil service employees because civil service law protects them.
“The Eagle Pass City Council has concluded that city officials are elected to make tough decisions about the spending of tax dollars and voters should trust council members to be fair to all employees not just police and firefighters and where as the city council has concluded that in collective bargaining, expenditures on wages and benefits for police and firefighter employees would crowd out expenditures for other general fund items.” read Mayor Cantu from the resolution.
“We want to clarify that we are in not against our police officers and firefighters but are against Collective Bargaining “ said Mayor Cantu.
Mayor Cantu further read, that all voters are recommended to become informed on the matter and its potential negative impact on the city and its taxpayers.
Human Resources Director Isabel Perez then gave a run down of the amounts of funds the city has spent in implementing Civil Service and gave estimates of potential amounts to be spent and absorbed by the city from it funds for the Collective Bargaining process and its year to year, day to day process and upkeep.
Chavez expressed his concerns as well and reiterated the city council’s stance and how it was not against its civil service employees but against the Collective Bargaining process.
After discussion, the City Council unanimously approved the Resolution in opposition to collective bargaining for the City’s fire fighters and police officers.
Collective bargaining rights allows the city fire fighters and police officers to be represented by trade union representatives regarding their work conditions and hours, salaries, promotions, grievance procedures, and disciplinary and/or termination procedures with the City of Eagle Pass.
If City of Eagle Pass voters approve collective bargaining rights for city fire fighters and police officers at the upcoming May 7, 2016 special election, fire fighters and police officers would be subject to the Texas Civil Service for Fire Fighters and Police Officers under Texas Local Government Code Chapter 143 instead of the City’s personnel rules and grievance procedures.
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 final measure necessary to approve and implement the City of Eagle Pass’s fire fighters and police officers collective bargaining rights under state law is the approval of the measure by city voters at the May 7, 2016 special election.
Mayor Cantu and City Council members Luis E. Sifuentes, Rudy Villalpando, Gloria E. Hernandez, and Yolanda P. Ramon in essence are asking the city voters to vote “NO” to the collective bargaining for the City’s fire fighters and police officers at the May 7th special election. The gloves are finally off.