Posted on Thu, Apr. 17, 2008

Southlake council, mayor oppose civil service for police and firefighters

By ADRIENNE NETTLES

Star-Telegram Staff Writer

SOUTHLAKE -- The City Council and mayor have signed a letter opposing a May 10 ballot proposal to cover police and firefighters under the state's civil service law.

If approved by voters, the civil service system would set standards for hiring, promotions and discipline and create a three-member commission of city residents to hear grievances.

Council members said they believe the system would require the department to promote from within, add age restrictions and allow outside arbitrators to handle grievances. Civil service is a "prelude to collective bargaining, misleading union tactics and inefficiency in our city," the letter states. Council members signed the letter after their Tuesday meeting, Mayor Andy Wambsganss said Wednesday.

Meanwhile, Southlake police and firefighters who support the ballot question announced Wednesday that they will hold a public forum April 24 to rebut information being sent out by the council and mayor to voters.

"We want the citizens and leaders of Southlake to know exactly what they are voting for," Southlake Police Officers Association President Andy Anderson said in a statement. "We hope everyone comes and asks questions."

The Southlake Police Officers Association and the Southlake Firefighters Association held a petition drive in January to collect enough voter signatures to force the council to call a special election on civil service. The group needed 98 signatures, but gathered more than 300.

Higher costs

Under the current council-manager form of government, the city charter provides all employees, including police and fire employees, the same fair processes and procedures, Wambsganss wrote in the letter. He also said the civil service system will drive up costs for the city's Public Safety Department and prevent Southlake from hiring someone 45 or older for a starting police position.

"For over 52 years our city has operated very effectively without civil service/unions, and we have made great strides in creating a community which strives for the very best while also taking care of our finances," Wambsganss states in the letter.

A political action committee, Southlake Citizens for Good Local Government, has been formed to defeat the ballot question. The group has raised about $15,000, including some pledges, said Richard Sandow, treasurer for the group.

"It is my belief that any reasonable person that reads the statute will be convinced that civil service is inappropriate for Southlake, or any other town," Sandow said. "I'm going to do what I can to oppose it."

Clear rules

Tom Gaylor, deputy executive director of the Texas Municipal Police Association, called the mayor's comments "scare tactics."

"They keep going back to the term union," Gaylor said. "It has nothing to do with unions. With civil service everybody knows what the rules are and how to operate within the system.

"A lot of the concerns being circulated are not true, so let's get the facts out there."

Gaylor said that 80 Texas cities have adopted civil service, and that it is a statutory process that clearly defines hiring, promotion and disciplinary processes for police and firefighters.

Anderson said in his statement Wednesday that Southlake police and firefighters want to clear up any misunderstandings about civil service during the April 24 forum.

The mayor, council members and residents have been invited to attend, he said.

CIVIL SERVICE FORUM

6:30 to 8:30 p.m.

April 24

Hilton Hotel

400 Plaza Place, Southlake Town Square

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 police chief, polygraph test, and psychological and medical examinations. 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 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 a 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: Police and firefighters progress through their pay ranges 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 in the same classification receive the same base salary.

Sources: City of Southlake, Chapter 143 of local government code