DISTRICT 2 RACE NOW IN THE HANDS OF THE STATE

By Juan Montoya

Please tell us this isn't an April Fool's Day joke.

Just when you though things in the City of Brownsville District 2 elections couldn't get any more muddled, well, they have.

City Secretary Estela Von Hatten, citing state law, has again placed Esequiel "Zeke" Silva on the ballot for the May 14 city along with incumbent Charlie Atkinson. Von Hatten also certified write-in candidate Jessica Tetreau Kalifa in the same position.

As if he didn't have enough opponents as it is, Atkinson is now the center of a firestorm because of an email he sent city workers informing them of his efforts to get them a pay raise. The missive, sent March 30, was addressed to all city employees and Atkinson encouraged them to disseminate it to their fellow workers.

From: Charlie Atkinson "atkinson@cob.us"

Sent: Wednesday, March 30, 2011 X:XX AM

To: City Employees-------------------------- Please disseminate to your downline or colleagues.

There have been many of you who work for the city that have come up to me asking me to look into getting a pay raise. I have been working hard to achieve this for the non civil service employees but there has been roadblocks. One clear cut road block is the fact that I never got a letter from the firefighters stating that they would not "ME TOO" the deal and claim financial benefit for themselves by a grievance. The firefighters have a clause in their union contract that gives them to make a claim to any pay raise we give employees. The true nature of the "me too" clause was initially meant to assist firefighters in getting compensated equally to the police officers. The "Me Too" clause they believe apply to any raises that are given to non-civil service employees. So this is why it has been hard to get you all the raise you all desperately need. I made a stance that until the non-civil service employees get a raise, I will not help the firefighters until I get a letter stating that they will not make a claim to a pay raise given to non-civil service employees. What I mean by help is just directed to pay raises. Of course I would help them in any other case. It s simple! I was a union president for many years for the U.S. Customs Service (CBP) and I represented Customs, Immigration, and Agriculture officers. I always believed in helping all employees and we fought to help each other even though everyone belonged to different unions. Well, as everyone knows, the firefighters endorsed my opponent Zeke Silva because of the stance I took and I'm ok with that even though the firefighters have gotten huge raises in the past. I know the top union officials do not represent the views of all firefighters and I am grateful that many firefighters have come up to me and thanked me for serving as their commissioner. A pay raise is rightfully justified and the top mangers of the city want to give everyone a pay raise but it would break the city if the firefighter's union filed a grievance to make a claim. I once again ask the leaders of the firefighter's union to search their soul and see that the non-civil service employees are your brothers and sisters as well. Give me that letter so I and the other city commissioners can get this done. I have written this letter before and I will send it again and again until common decency prevails. To reiterate, I truly understand that most firefighters are in agreement that we must help our city employees and all I can say is write to your union leaders and offer that letter to the city manager. It's long overdue and it's just the right thing to do. I am also looking into setting up pay scales that a employee can look at when first hired showing a progression in pay throughout a thirty year career. A starting salary and an ending salary should be public knowledge. These pay scales are used in the state and federal government which outlines the pay raises without cost of living allowances applied. When I worked for the city, I was getting paid 5.10 dollars per hour as a dispatcher. When I met other dispatchers who were there four to five years I learned that they were getting paid 5.25 dollars an hour. This is unacceptable and it needs to be fixed. I hope every non-civil service employees write letters to the head of the the firefighters union and tell them to show some compassion.!!! Commissioner Charles Atkinson

Well, this didn't sit well with Brownsville Firefighters Association who emailed City Manager Charlie Cabler requesting permission to answer Atkinson's message to city employees.

Cabler emailed them and just asked them to keep it short and civil.

At the core of the criticism on Atkinson is the following state statue:

§ 255.0031. UNLAWFUL USE OF INTERNAL MAIL SYSTEM FOR POLITICAL ADVERTISING. (a) An officer or employee of a state agency or political subdivision may not knowingly use or authorize the use of an internal mail system for the distribution of political advertising. (b) Subsection (a) does not apply to:

(1) the use of an internal mail system to distribute political advertising that is delivered to the premises of a state agency or political subdivision through the United States Postal Service; or

(2) the use of an internal mail system by a state agency or municipality to distribute political advertising that is the subject of or related to an investigation, hearing, or other official proceeding of the agency or municipality.

(c) A person who violates this section commits an offense. An offense under this section is a Class A misdemeanor.

(d) In this section:

(1) "Internal mail system" means a system operated by a state agency or political subdivision to deliver written documents to officers or employees of the agency or subdivision.

(2) "State agency" means:

(A) a department, commission, board, office, or other agency that is in the legislative, executive, or judicial branch of state government;

(B) a university system or an institution of higher education as defined by Section 61.003, Education Code; or

(C) a river authority created under the constitution or a statute of this state.

Now all we need is, apparently, someone to complain to the state over Charlie's use of email for the obviously political tone of this email. And, again, will the state step in and declare his opponent Zeke Silva ineligible because of his felony conviction on drunk driving as Von Hatten's decision states?

This is not over until it's over.