City of El Paso Fire Department Positive Drug Test Policy Charter Amendment, Proposition 1 (May 2015)
| Voting on Labor and Unions | ||||
|---|---|---|---|---|
| ||||
| Ballot Measures | ||||
| By state | ||||
| By year | ||||
| Not on ballot | ||||
|
A question regarding consequences for firefighters testing positive for drugs was on the ballot for El Paso voters in El Paso County, Texas, on May 9, 2015. It was approved.
Two different proposed amendments to Article 24 -- "Safety and Health" -- of the El Paso City Charter were proposed. One came from the city, and the other, which was chosen by voters, was put forward by the firefighters' union.[1]
The proposal put forward by Local 51, the International Association of El Paso Firefighters, was designed to prescribe a "second chance" rehab program if a firefighter tested positive for an illegal drug.[1]
The other amendment, which was proposed by the city, was designed to dictate that a firefighter be fired upon testing positive for illegal drugs. Employees would have the right to appeal to a third-party arbiter if they were let go due to this provision.[1]
A "yes" vote on this ballot measure was a vote for the firefighters association's proposal. A "no" vote was for the city's proposal.
Three propositions designed to let voters decide between the union's proposals and the city's proposals were on the ballot for the election on May 9, 2015. A majority of electors voted "yes" on all three proposals, which means voters chose the union's proposals in each case.
Election results
| El Paso, Proposition 1 | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
 Yes | 19,300 | 56.19% | ||
| No | 15,045 | 43.81% | ||
- Election results from El Paso Elections Office
Text of measure
Ballot question
The following question appeared on the ballot:[1]
| “ |
The City of El Paso and Local 51, International Association of El Paso Firefighters propose different consequences if a firefighter has a positive drug test. The use of controlled substances by a person to whom they have not been legally prescribed meets the definition of illegal drug use. Impairment on duty shall be determined by a Medical Review Officer or a qualified medical professional subject to the Chief’s discretion on relevant circumstances. All disputes regarding the disciplinary actions taken under this Article will be considered a contract grievance and will be subject to the grievance procedure in Article 26 of the Collective Bargaining Agreement. The Association of Firefighters proposes the following consequences if a firefighter tests positive on a drug test:
Instead of the Association of Firefighters proposal for the consequence of a positive drug test above, the City of El Paso recommends the following consequence:
Are you in favor of Local 51, International Association of El Paso’s Firefighters proposal instead of the City’s proposal? A vote “Yes” is for Local 51, International Association of El Paso Firefighters’ proposal. A vote “No” is for the City’s proposal. _____ Yes _____ No[2] |
” |
Background
This question was put on the ballot to let voters decide an issue that could not be agreed upon by the city and the firefighters' union during collective bargaining.[1]
Referendum process
Juli Lozano, the city's spokeswoman, said the referendum process is used as a last resort by the city during collective bargaining. She said, "The right for a referendum with regard to collective bargaining did not exist until 1989, and this is the first time we are conducting an election pursuant to Chapter 3.11A of the City Charter."[3]
Police referendum
On May 10, 1988, El Paso voters rejected a referendum about proposed wages for the police department. This measure was put to the voters under a different mechanism than the one that triggered this referendum according to the city charter's collective bargaining referendum provision established in 1989.[3]
Support
Since voting "yes" on this referendum amounts to approval of the firefighters assocation's proposal, "supporters" of this referendum consist of those who agree with the fire department's position.
Joe Tellez, president of the firefighters association, said, "I think that firefighters would be happy just to get the health insurance plans and premiums settled." Concerning the referendum over wage increases, he said, "We're asking for a fair increase. We've done our homework. We've had impasses before, but this is the first time that we find ourselves headed to a referendum. Our current contract is in place until we can negotiate a new one."[3]
Opposition
Since voting "no" on this referendum amounts to approval of the city's proposal, "opponents" of this referendum consist of those who agree with the city's position.
According to City Manager Tommy Gonzalez, the fire department's proposal would require a property tax increase, costing city property owners an additional four cents on the dollar. City spokeswoman Juli Lozano said this increase would amount to about $13 million in revenue.[3]
Path to the ballot
Article III, Section 3.11A of the El Paso City Charter provides that "[a] referendum election may be called by the City Council when a collective bargaining agreement between the City and an employee organization so provides." This was the case for the three referendums put before voters on May 9, 2015. The city and the International Association of Fire Fighters Local 51 were unable to come to an agreement over health insurance premiums, wage increases or policy on random drug testing. Therefore, these referendums were called in order to let voters decide the issues. According to Juli Lozano, the city's spokeswoman, this is the first time this charter provision has been employed to settle a collective bargaining dispute.[3]
Other elections
On May 9, 2015, El Paso voters also voted on city council members for districts one, five, six and eight. For more details about these races, see this page. A runoff election was scheduled to be held on June 13, 2015, depending on the results of the election on May 9, 2015.
Related measures
- City of El Paso Fire Department Increases to Firefighter Health Insurance Contributions Charter Amendment, Proposition 3 (May 2015)
- City of El Paso Fire Department Wage Raise Policy Charter Amendment, Proposition 2 (May 2015)
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 El Paso City Government, "EFPD Collective Bargaining Charter Amendments," accessed April 20, 2015
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 3.0 3.1 3.2 3.3 3.4 El Paso Times, "El Paso voters may decide on how much city should pay firefighters," February 23, 2015
