Facts Behind Prop A and Prop B
Ask Your Firefighter A QuestionThe Leander Professional Firefighters have added an FAQ page to their website to answer some popular questions that have been asked. Sorry for the delay in getting this out as we have had some technical difficulties. We know this will not answer all of the questions. If you have a question that is not adequately answered, please do not hesitate to send us a message and we will be happy to answer it. Thank you.
Proposition A: Civil Service
Civil Service is a system established by the Texas Legislature under Local Government Code Chapter 143 to regulate the hiring, promotion, and dismissal of firefighters.
The main goals of Civil Service are to:
Ensure that hiring, promotions, and discipline are based on merit and objective criteria rather than political influence.
Provide career security based on fair performance evaluations rather than an "at-will" employment status.
Protect employees from unjust treatment or retaliation resulting from whistleblowing or exercising legal rights.
Civil Service would require the City of Leander to:
Appoint a civilian commission to administer the policies and programs for hiring, promotions, and discipline.
Post open positions so that all qualified candidates have an equal opportunity to apply.
Establish entrance and promotional exams that assess candidates based on knowledge, skills, and abilities relevant to the job.
Establish eligibility lists of candidates who pass the entrance or promotional exams.
Fill vacancies by promoting from within the department before considering external hires.
Provide due process rights for employees facing disciplinary action, including written notice of charges, a hearing, and the ability to appeal.
Protect employees from being suspended or demoted except for just cause.
Civilian commissions and boards appointed by Leander City Council, including a Civil Service Commission, would not require any specific costs. The commission may be advised by the City Attorney on relevant matters and questions related to compliance with the law.
No. This petition would only apply to employees serving as sworn fire fighters for the Leander Fire Department.
Yes.
The city would be required under Texas law to update its policies to reflect a fair, neutral, and transparent process.
They would also have to appoint a Civil Service Commission of unpaid civilians to guide future hiring and promotional processes and to serve as an impartial and fair board to direct matters of public concern within the Fire Department.
The Civil Service Commission would not dictate fire operations, firefighter emergency policies, or other firefighting procedures.
Yes.
Currently, the City of Leander provides no preference points to veterans who have served our county.
However, under state law, with Civil Service, preference points are automatically given to any member of the military who has been discharged honorably and who has passed the minimum standard written test for hiring.
No.
There is no requirement in Texas Law for any special attorney to be hired by the city. In fact, almost all cities in Texas with Civil Service DO NOT have a special attorney assigned to the Civil Service Commission.
The Texas Local Government Code on Civil Service is clear, simple, and designed to be implemented without any unfunded legislative mandates.
The legal needs of the city or commission to comply with the legislation would easily be handled by the current City Attorney or their staff.
No.
The City of Leander currently contracts with an outside testing agency and has for years. Proposition A does not require the City of Leander to hire any outside testing company or engage in any expensive testing process. The requirements of the law are met by cities across the state without new costs or fees.
The intent of Civil Service is fair, transparent, and impartial testing.
Proposition B: Collective Bargaining
Texas Local Government Code Chapter 174 outlines the collective bargaining process and rights for employees of many Texas cities.
Collective bargaining is a process that allows firefighters to negotiate pay, benefits, and working conditions with the city through a contract known as a collective bargaining agreement.
Leander firefighters have made it clear from the beginning that their main objectives are to guarantee safety at every level, wherever it is possible. This includes bargaining for requirements that the city standardize the number of firefighters to meet or exceed national safety standards. Firefighters want to focus on reducing response times and improving public safety.
Elected and appointed officials come and go, Leander Firefighters will always be the voice of public safety for our community.
The goal of collective bargaining is to ensure that the compensation and benefits provided to fire fighters are competitive and fair to both the city and the employee.
No.
Texas law prohibits any organization from requiring membership in any employee association, union, or group.
Collective Bargaining does NOT change that.
In fact, Texas law guarantees that employees who choose to not join their respective employee association shall receive the same bargaining opportunities, benefits, and wages as every other employee in the same class.
Under the Texas Collective Bargaining law the City of Leander would be required to recognize the group chosen by the majority of Leander firefighters as their exclusive bargaining representative.
The City would then be required to meet and bargain in good faith with the chosen group to negotiate over mandatory subjects of bargaining such as wages, benefits, hours, and mutually agreed upon working conditions.
The law requires that the city work to offer wages that are commensurate with similar skilled work in comparable industries within the private sector. This does not obligate the city to any particular wage but rather ensures that the city will bargain to fairly accomplish one of the primary goals of the Texas legislature in drafting the law, that cities can attract, hire, and retain the best and brightest.
The City of Leander would retain management rights to set broader department policies and directives regarding the operations of the Fire Department.
There are no explicit costs associated with the implementation of Collective Bargaining.
Most Texas collective bargaining cities and fire departments across negotiate contracts and agreements with their staff attorney, city managers, Fire Chiefs, and HR. Most cities do not employ or hire outside firms to bargain contracts but rather assign members of the council, City Manager's Office staff, or HR personnel with a representative from the Fire Chief's office. Most Texas firefighters' associations with Collective Bargaining do not hire outside counsel, contractors, or attorneys to bargain on their behalf either.
Collective bargaining is a collective process to meet in the middle through honest negotiation and transparent budget analysis.
Under current state law each party has the option to either remove the issue of disagreement from the contract and pass the remainder of the contract or to pursue third-party, neutral arbitration.
As a measure of last resort, a lawsuit may be filed to compel a court to weigh in on certain matters of the contract. However, this process is rare, expensive, and usually an inefficient solution to disagreement.
Firefighters and cities across Texas have found success in establishing a "binding arbitration" clause in their first contract. This simple, mutually agreed upon article builds in a safeguard to any disagreement and brings in a random, neutral arbitrator to rule on issues that cannot be reasonably negotiated.
Paid for by Leander Firefighters for Responsible Government Filer ID: 00066422