WILL CITY RESTORE CAREER OF ELIZONDO'S LAST VICTIM?

By Juan Montoya

Heriberto Montalvo, Jr.'s troubles started when – as a driver for an EMS unit with the Brownsville Fire Dept. – he wrote Carlos Elizondo up with his superior Cesar Pedraza for leaving a him a dirty ambulance and he had to report him.

At the time, Montalvo, a16-year veteran firefighter, never knew that one day Elizondo would be catapulted over him and others, including senior officers, and appointed as fire chief May 2016 by then-City Manager Charlie Cabler.                                                                                                                                                                  His deputy chiefs were Jarrett V. Sheldon (wearing Cowboy jersey # number 8 in photo with Montalvo wearing #21 in happier times) and Ernesto Estrada, a firefighter pal of Cabler's who was allowed to be deputy chief over more-experienced officers after the city wrested the concession from the union in contract negotiations.                                                                                                                                    However, Montalvo's troubles with Elizondo stemmed to that day, and then to the time he ran against Elizondo for a position as trustee of the Firefighters Association Local #970. During that election, Montalvo reported his fire gear stolen from his car at a fire station in a report with the Brownsville Police Dept.                                                                                                                                                    However, Elizondo started going around the fire station saying that Montalvo – or Herb, as his fellow firefighters called him –  and spun it into a story where he claimed he had carelessly lost it and then began an investigation to get coworkers fired. His gear was eventually found in  ditch and returned to him.                                                                                                                                                                                                        That followed another incident where Pedraza and Elizondo wanted to take over the honor guard that Montalvo had organized. "Herb" was a one of two members of a team that was responsible for funeral ceremonies soon after his twins died soon after they were born. He said that experience made him understand the importance of bringing comfort to the families of firefighters who had passed away. 

He spoke to then-chief Lenny Perez and he was allowed to start a team called the Honor Guard which became a significant part of the department and was used for many ceremonies, funerals, and other events. Pedraza, who became part of that team, did not think he had to follow Montalvo's directives and quit the team. Elizondo, who had become union president, joined him to start another honor guard that excluded Montalvo.

One of the reasons Montalvo had incurred Elizondo and Pedraza's wrath was because both officers had asked him for use of the honor guard for events having nothing to do with its purpose, including political rallies when Elizondo was running for the Brownsville Independent School District. Disappointed and depressed at seeing his initiative taken over by the officers, Montalvo withdrew from the guard and focused on his duties as a driver of EMS and fire vehicles.

Then, on June 6, 2016, about about a month after Elizondo was appointed chief by Cabler, a fire erupted on West Elizabeth and Montalvo, the driver, was ordered by his supervisor – Lt. Rigo Bocanegra – to tend to the fire vehicles and provide support to the team suppressing the fire. Elizondo arrived on the scene in civilian dress with Deputy Chief Ernie Estrada. Montlavo acknowledged him with a nod, but did not shake his hand as Elizondo had wanted.

(Montalvo said that the anxiety created by Elizondo and Estrada after they took over the department had caused his hyperhydrosis condition that made him sweat profusely when he got excited to become worse and he stopped shaking hands with people and to wear headgear to absorb the sweat.)

"He became furious and quoted fake rules and regulations and ordered me to salute him in public like a soldier does an officer," Montalvo recalled. "I saluted him and he kept berating me on not following this fictional order to salute officers."

When his supervisor Bocanegra intervened to ask what the matter was, Elizondo told him that he should order Montalvo to "bunker up" and join the others fighting the fire. This incident led to Montalvo filing a complaint with the city's Human Resources Department where both Elizondo and Estrada denied ever making the statements and the incident was swept under the rug.

Things came to a head on Sept. 5. when Montalvo and other firefighters were ordered to attend a class on a new protocol for handling medications on EMS calls and Elizondo noticed that he was wearing a beanie. Montalvo was taking the class when Elizondo happend to pass and called him out into the hallway and ordered him to remove it becaue it did not comply with department uniform regulations.

Even after Montalvo removed the beanie and returned to class, the incident escalated to the point where Elizondo called him into his office to meet with him, Sheldon and Estrada. Montlavo asked for aunion rep and a Human Resources representative to witness the proceedings but them became alarmed and left the building. Elizondo – with Estrada and Sheldon supporting him – charged Montalvo had disobeyed a lawful order from his superior.

Montalvo was offered a demotion to firefighter after he was suspended and when he refused claiming the men had lied, was terminated from the department. Not even a recording that he says proved his version of the events was enough to save his employment.

Duruing the mediation that followed, the two deputy chiefs supported Elizondo's version of events and the Hearting Examiner Richard R. Brann on June 19, 2017 reluctantly upheld his indefinite suspension. But he said he was recommending – although it was not binding – that the city not let go of a 16-year veteran firefighter and that it rehire him at the lower firefighter position so as not to lose his experience and the investment made by the municipality in his training.

"The hearing officer is mindful that we are dealing with a 15-year employee with a generally positive  record as a competent firefighter. Alsio, it seems likely that on the day in question Montalvo was not functioning up to his normal level due to emotional circumstances that , while not objectively justified, appear to have been sincere...the Hearing Officer will offer the observation and recommendation that in view of the circumstances...(the city)...might again consider offering to rehire or reinstate Montalvo as a firefighter subject to the same conditions as (were) offered previously."

Brann left the decision to Elizondo's and (now Sheldon's) sole discretion.

Elizondo has been fired by the city after his grand jury indictment for theft of firefighter union PAC monies. Estrada also left the city. Elizondo faces more investigations by the Cameron County District Attorney into matters related to his alleged steering of medical transfers from the city's EMS to a private ambulance company linked to him personally.

Sheldon is now fire chief but might feel uncomfortable rehiring Montalvo because of his personal role in his termination. The acting city managers (Pete Gonzalez and Michael Lopez) could recommend that Montalvo be rehired and city commission members could suggest his reinstatement to the acting managers and to Sheldon.

Cabler,  facing criticism over the debacle at the fire department under Elizondo and his pal Estrada, also left with a $219,000 "retirement" golden parachute.

Firefighter union president Jorge Lerma said the union had fought and was successful in to returning those members who had been suspended or terminated by Elizondo and his deputy chiefs. Only Montalvo remains as the only loose end of Elizondo's reign. Currently, he is serving as a volunteer firefighter wit the La Feria Volunteer Fire Dept.

Will the city commissioners and the administration undo Elizondo's acts that resulted in the city losing a 16-year veteran firefighter over a petty personal vendetta and depriving him of his career?