Public safety groups seek passage of civil service
Star-Telegram staff writer
SOUTHLAKE -- A group of police officers and firefighters is asking Southlake voters to adopt state civil service law. They say passing the May 10 ballot measure would bring professionalism, integrity and accountability to the city's Department of Public Safety.
The system would provide a set of objective standards for hiring, promotions and discipline, state and local law enforcement officials said. It would also set up a three-member commission of city residents to hear grievances.
Cities with populations of 10,000 or more are allowed to adopt the state's civil service system, according to Texas law.
Voters will also choose among three candidates to fill Place 6 on the City Council: Suzanne Maisto, Pamela Muller and Ralph Williams. Place 1 Councilwoman Laura Hill is running unopposed.
Investigation
The civil service ballot question comes on the heels of a Tarrant County district attorney's office investigation into the Southlake Department of Public Safety. The office reviewed complaints in June by five police officers that Police Chief Wade Goolsby and other department employees unethically handled cases and showed favoritism to prominent residents.
The district attorney released a report in February that stated that a grand jury found no criminal wrongdoing by Goolsby or the others. The city is conducting its own investigation into the allegations and reviewing the department's polices and procedures.
The Southlake Police Officers Association and Southlake Firefighters Association began the effort for civil service protection nearly four years ago, long before the district attorney's investigation, Andy Anderson, president of the police officers association, wrote in an e-mail.
To put the measure on the ballot, the group needed signatures totaling more than 10 percent of the 971 votes cast in the last municipal election, or 98 signatures. Anderson said more than 300 valid signatures were gathered starting in January.
Anderson said the cost to implement the civil service law would be little for taxpayers because commissioners volunteer, and the commission's director is typically the city's human resources director.
"The citizens of Southlake should vote yes to usher in a new era of professionalism, integrity and accountability to improve on the dedicated service the community has come to expect and it receives from its firefighters and police officers," Anderson wrote in the e-mail.
Goolsby said city leaders are not taking a stand on civil service, preferring to leave the issue up to voters.
A set of rules
About 80 Texas cities have adopted a civil service system for police and firefighters, said Tom Gaylor, deputy executive director of the Texas Municipal Police Association. Those cities include Euless, Fort Worth, Haltom City, Hurst, Irving, North Richland Hills and Watauga.
Southlake could benefit from having its police officers and firefighters under the state's civil service system, especially in light of the recent investigations, Gaylor said.
"Civil service law creates a set of rules for everybody to go by and that includes managers, police officers and even the city manager," he said. "The idea behind civil service is to get rid of cronyism and usher in professionalism. It's a level playing field for everybody."
In Watauga, voters approved civil service protection for police officers and firefighters in 2005. Police Chief Rande Benjamin helped persuade voters to approve the measure while he was a lieutenant. He became the city's police chief in September, after three chiefs stepped down from the job in as many years.
Watauga's department has been plagued with personnel issues and public controversies. Watauga police officers felt that discipline wasn't fair, Benjamin said. A lot of that has changed, but the civil service protection is still in place, he said.
"It doesn't bother me one way or the other, but with civil service everything takes longer, promotions, hiring, and even discipline matters," Benjamin said. "There's a lot paperwork that goes into it."
Council election
Place 6 council candidate Suzanne Maisto, 49, said that for more than 50 years Southlake has been run by its residents and city staff, and she thinks that needs to continue.
"I'm not convinced we're in a situation where a third party is needed," Maisto said.
Maisto said she believes that voters also need to consider growth when they go to the polls. She said she wants to stay on top of new developments and keep out high-density residential projects. She wants to ensure that the city chooses the right commercial businesses.
"They need to think about how they want to see Southlake grow," Maisto said of voters. "They need to look at each candidate and see who is working the hardest on issues and involved in the city right now."
Pamela Muller, 56, said her focus is controlling the density of developments allowed in the city. Southlake, which has about 26,000 residents, is expected to reach a maximum population of about 32,000, said Muller, who has served on two previous city councils. She has worked on developing master plans and zoning for parts of the city.
"We have all types of zoning for a variety of housing," she said. "It's not about lot size but maintaining open space when homes are being built closer together. It's also about keeping our population at that 32,000 residents, because our schools haven't planned for more than that, and it will have an impact on roads and all our services."
With regard to civil service, Muller, who serves on Citizens on Patrol, said she thinks that voters need to decide the issue.
"I'm a supporter of our police officers, and I want what's best for our officers," she said.
The third candidate Ralph Williams, 65, could not be reached for comment. The seat is being vacated by Carolyn Morris.
Online: www. southlakepoa.com
This report contains material from Star-Telegram archives.
About civil service
A civil service system would change how Southlake police and firefighters are hired and disciplined. Below are the current procedures and the proposed civil service procedures.
Hiring
Southlake: Police and fire department applicants must pass a written exam, physical fitness test, background investigation, assessment board review, interview with the chief of police, polygraph test, psychological examination and medical examination. The city does not have to hire from a pool of applicants.
State civil service: Police officers and firefighter applicants must take a written exam conducted by the Civil Service Commission and that exam must be advertised 10 days in advance of the testing date. The minimum passing grade is 70 percent, and the city must hire from the list of those who passed the exam. The top-scoring applicant must be appointed to a vacant position unless there is a valid argument to select the next candidate on the list.
Discipline
Southlake: Employees are subject to disciplinary actions, up to and including termination for reasons outlined in city personnel policies.
State civil service: Police and firefighters can face disciplinary actions, including demotion, suspension or termination for reasons covered under the state civil service law. Demotions must be approved by the civil service commission, and department heads can suspend an employee indefinitely or for a period not exceeding 15 calendar days. They must give the commission written notice within 120 hours of the decision. The commission may reduce a suspension, reinstate a member or refuse to grant a request for a demotion.
Appeals
Southlake: Employees have five working days from the date of disciplinary action to appeal to a department director. The employee has five working days of receipt of the department head's decision to appeal to the city manager, whose decision is final.
State Civil Service: Police officers and firefighters have 10 days to file an appeal with either the civil service commission or a hearing examiner. If a hearing examiner is chosen, the examiner's fees and expenses are shared by the employee and the city, and the hearing must commence within 60 days. The examiner must make reasonable effort to render a decision within 30 days. Commission appeals must be scheduled and completed within 30 days. An employee may appeal the commission's decision to district court.
Pay
Southlake: Fire and police progress through their pay range based on time in rank. The city also provides longevity pay, assignment pay and certification pay to eligible fire and police personnel.
State Civil Service: All firefighters and police officers in the same classification receive the same base salary.
SOURCE: City of Southlake, Chapter 143 of local government code
ADRIENNE NETTLES, 817-685-3820
