A VERY CURIOUS CLAUSE TO PROMOTE CHUCK CABLER'S PAL

By Juan Montoya
Q: What do you call a person who suddenly vaults from a basic firefighter position to one of the two deputy fire chief positions called for in the new labor agreement between the City of Brownsville and the Brownsville Firefighters Association  Local #970?
A: Either extremely lucky or a good pal of City Manager Charlie Cabler.

Article 9 of the labor agreement between the city and the firefighters states that "there shall be two authorized positions in the classification immediately below department head. The Fire Chief may appoint each person to fill these authorized positions. Any person appointed to such positions must meet the following conditions of eligibility:

A. "Meet the requirements for appointment to the classification below department head prescribed by Section 143.014 (e) Texas Local Government Code, except that one of the persons so appointed need not have a permanent classification in at least an officer level."

That seems to many readers of the new contract to create a tailor-made loophole for the appointment of firefighter Ernesto Estrada (pictured here with the wide-brimmed straw cowboy hat with Cabler and Fire Chief Carlos Elizondo). As a result of the passage of the contract by both the city and firefighters association members, Estrada will jump from a firefighter to an assistant chief with the possibility of a commensurate hike in salary from $41,000 to $68,700.
In one fell swoop, Estrada's promotion exempts him from having the required permanent classification in at least an officer level and be promoted past the existing drivers, lieutenants, captains, etc., without having to pass the required Civil Service examinations.

And just in case Estrada doesn't work out as deputy chief, the contract states that if Elizondo "appoints a person who did not have a permanent classification of at least an officer level, that when that person vacates his position, any new future appointment must meet all the requirements of (the Section).

Section 2 of the Article also states that Estrada will serve "at the pleasure of the fire chief" and – notwithstanding the provisions of this Agreement or civil service statutes – all wages, hours, benefits and other conditions of employment regarding such position shall be subject to change or creation by the fire chief in his sole, unfettered discretion."

And (there's more), a person who is removed from the position by the dire chief shall be reinstated in the department and placed in the same classification, or its equivalent, that the person held before appointment."

In fact, is Estrada is ever charged with an offense in violation of the civil service rules and indefinitely suspended by the fire chief, that person has the same rights and privileges of a hearing before the Civil Service Commission in the same manner and under the same conditions as a classified employee."

We don't know if the new firefighters association officers actually read the contract before voting to approve it, but it's difficult for any impartial reader of the section cited above to believe this was not a tailor-made cushy position for Cabler's paella-munching pal above.