Proposition B in Sant Antoni

SAINT ANTHONY – The confrontation ends with a civilian killed by a police officer. Outrage and protests continue. Then responsibility is demanded.

And then it happens again, in some other city in the United States.

For many, it seems like we’re stuck in a cycle. That’s why activists from communities across the country are calling for police reform. And that’s why when you vote in the May 1 election, you’ll have a chance to vote for or against Proposition B.

By now, you’ve probably heard of the effort to revoke the bargaining power of San Antonio police officers. But there have been mixed messages on the subject, which have caused confusion for voters. In this episode of KSAT Explains, we explain what Prop B is all about, the pros and cons, and what it would and wouldn’t achieve if passed. (Watch the full episode on the video player above).

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Last summer, local woman Oji Martin founded a group called Fix SAPD. Martin said he reached his turning point after George Floyd’s death in Minnesota and after seeing Broken Blue, the KSAT special on misconduct and disciplinary proceedings in the San Antonio police department.

With the goal of reforming the police department, the group launched two petitions to get two items in the May vote. The ultimate goal was to repeal two local government codes that, among other things, provide protection to investigated police officers.

“Our police system lacks accountability, and that’s what’s causing all these problems,” Martin said when KSAT spoke to her about the petition in September.

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Ultimately, Fix SAPD only gathered enough signatures to get Proposition B on the ballot: the proposed repeal of Code 174 of the Texas Code of Local Government.

Chapter 174, explained

This is what Prop B looks like:

As with many voting initiatives, the wording itself is confusing. He calls for the repeal of Chapter 174, which allows police unions to bargain collectively while maintaining the rule that officers cannot strike or organize a shutdown.

Collective bargaining is a process in which a union and its employer, in this case the city, determine the wages, hours, and working conditions of all employees the union represents: police officers. These are contractual negotiations. And right now, it’s an important debate.

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Fix SAPD said they decided to continue the collective bargaining because they believe many of the issues related to police liability start with the contract.

“Just follow the breadcrumbs and realize that bad contracts result in low performance from some of these officers,” said EJ Pinnock, a board member of Fix SAPD. “These contracts are established by certain laws. In this case, state laws. And Proposition B allows us to move forward and change all of that. “

Definancing?

Fix SAPD believes that voting yes to Proposal B is a step towards greater accountability. But the San Antonio Police Officers Association has rated a vote for Proposition B vote to defuse police.

“Spreading the police” became a national cry after protests over police reform. It means reallocating funding from police departments to other government agencies.

But Prop B would not directly affect SAPD’s budget.

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Still, SAPOA President Danny Diaz argues that refinancing would be the end effect. Diaz says that because ending collective bargaining would eliminate a union bargaining tool, which he said would threaten competitive benefits for officers.

Correct SAPD, the Prop B refund tag is a scare tactic.

Of Texas’ eight largest cities, only San Antonio, El Paso and Corpus Christi use collective bargaining.

The union has wondered why Fix SAPD is geared towards collective bargaining rather than the specific parts of the police contract they are arguing with.

“Why didn’t they go after Articles 28 and 29,” Diaz said. “That’s what our discipline is all about.”

But we checked it out with the city. And according to the San Antonio City Attorney, Fix SAPD was unable to submit the contract to a citywide vote.

So the process of negotiator this contract is the focus of the group.

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How many agents have regained their jobs due to arbitration?

For years, some aspects of the police union contract have been questioned.

One of the most important points: arbitration. Under the current contract, an officer fired by the police chief can have an external arbitrator determine whether they should get their job back.

The union argues that arbitration has rarely returned the job to an officer. They say it has happened ten times in ten years. Fix SAPD says 70 percent of all fired SAPD officers get their jobs back.

This back and forth has been a big point of discussion in this debate. So which statistic is true?

KSAT broke the numbers. Here’s what we found:

From 2010 to the summer of 2020 there were 71 casualties of police officers. Some of these cases are still pending. In 43 cases, the officer appealed against his dismissal and it was decided whether to put him back in the workplace. Ten of these officers regained their jobs through arbitration. Twenty were returned by the police chief, which in some cases happens because it is too costly for the city to maintain the dismissals of an officer during the arbitration process.

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This means that 69.8% of the dismissed officers return to force from 2010 to 2019.

What else is in the police contract?

Not only has arbitration been raised as one of the aspects of the collective agreement that needs a closer look.

Here are some other articles of the often criticized police contract:

• The police chief can only discipline officers for up to 180 days from the date of the offense.

• The police chief cannot consider misconduct of more than ten years for drug and alcohol offenses and more than five years for violent offenses during the disciplinary process.

• The current contract allows officers charged with crimes to receive 48 hours ’notice before speaking with internal investigators.

Some of these issues are being discussed between the union and the city while they are negotiating right now. The current contract will expire in September. The union argues that they are already talking about possible changes, why should you hand them over from collective bargaining?

But Chapter 174 is just the first step in SAPD’s Fixed Plan to reform the police department.

St. Antonians passed chapter 143, or “civil service,” in 1947. It is a comprehensive law that sets out how a city deals with personnel problems for firefighters and police. It covers aspects such as hiring, promotions and benefits. However, it is not addressed to the officer.

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Without collective bargaining, a contract between the city and the union is not necessary. City staff and the city manager would recommend the compensation and benefits of the officers, and the city council would vote on whether to approve it.

But 143 covers dismissals and the process used for discipline. And because it is in place, even if chapter 174 is deleted in May, the police would still have protections.

What does Chapter 143 say about layoffs and discipline?

When it comes to hiring, firing, and disciplining, think of Chapter 143 as the basis. If a collective agreement disappears, 143 explain how to proceed. Many of these rules are the same or similar to those explained in the current contract between the city and the union.

For example, under 143 a hearing examiner may issue a resolution if an agent appeals the resolution. Similar to arbitration.

Chapter 143 also says that only the chief of police can view an officer’s personnel file, not the media or the general public. And he says the police chief cannot suspend an officer for a crime that occurred more than 180 days ago. Which is also listed in the current contract.

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That’s why Fix SAPD wants Chapter 143 to be repealed as well. But organizers say revoking 174 is the first step.

But chapter 143 is a tougher goal. Fix SAPD got the more than 20,000 signatures needed to put 174 in front of voters. The repeal of 143 requires approximately 80,000 signatures collected in 180 days.

Julia Gannaway, a lawyer representing Texas cities in negotiations and public service matters, said that to the best of her knowledge, no city has been successful in repealing 143.

“143 is like the California Hotel,” Gannaway said. “You can register at any time you want, but you can never leave. You can’t get out. “

If collective bargaining is abolished in May, the police union and the city could negotiate a contract under what is known as a “meeting and conference” system.

Think of it as a light of collective bargaining. You can still bring both parties to the negotiating table. But they don’t have to do it if they don’t want to.

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The police union must agree to meet, confer and petition the city. Then the council has to approve it or it can let the voters decide.

Set SAPD support to meet and confer and point to the city of Austin as an example.

“In Austin, they really have better salaries, better profits, and they have a system of meetings and conferences,” James Dykman, a member of the SAPD Fix Board, said during a Prop B debate conducted by KSAT, San Antonio Report and Bexar Facts . “We can still attract great officers to the city as they do.”

Are crime rates soaring in Texas? Would San Antonio police officers lose competitive pay with a system of meetings and conferences? Would civilians have more oversight if Proposition B passes? Watch the video below to clarify some of the most important issues in the Prop B debate.

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