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Good evening everyone. Welcome to our city council meeting for
Wednesday, october the 8th. Miss hillbrook,
Will you please call roll?

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yes, sir. Councilman delagarza,
I am present. Councilman kidder here. Councilwoman butler, mayor pro tem young
Here.

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and mayor crocker, I am here out of order. If you would please rise.

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join me for the pledges followed by a moment
Of silence.

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I pledge allegiance to the flag of the united
States of america.

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and to the republic for which it stands. One nation under god,
Indivisible, with liberty and justice for

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all. Honor the texas flag. I pledge allegiance to thee.

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texas. One state under god,
One and indivisible.

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thank you. Please be seated. Again, welcome, everyone,
To our meeting this evening. Rescheduled so

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that everyone could enjoy national night out
Celebration yesterday.

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so we will jump right into our agenda. We have quite a few things on the agenda.

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so we'll start with item b one. Announcements and reminders. Mr. Garza. Good evening.

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good evening, mayor and council. I have quite
A quite a few announcements for you this evening as well. We want to start off by
Reminding the public that all non-emergency

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city offices will be closed on monday,
October 13th in observance of indigenous peoples day. Offices will reopen at 8 a.m.

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on tuesday, october 14th. The victoria public library will close at 5
P.m.

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that day. Trash yard waste and recycling
Scheduled for monday will be collected as usual on behalf of the communications
Department.

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the latest episode of town talk,
Featuring our fire marshal annette ponce, discussing fire marshal's office outreach
Programs, including the fire prevention show

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that's ongoing this week,
Today and tomorrow. Plus, learn about fire safety and common fire
Hazards,

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including some that are probably in your home
Right now. There's an exclamation point right now.

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find this in previous episodes of town talk
On youtube and spotify. The city of victoria communication public
Affairs is also currently accepting

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applications for its 2026 citizens academy,
A free six week education program that will

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provide residents with an inside look at
Local government and show them how to get involved. Sessions will return back to being
In the evening for a few years there.

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we converted the program to be during the
Day, but beginning in 2026,
It will revert back to being on thursday

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evenings and it will be from 6 to 9 p.m. On thursdays from january 29th through march
5th.

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residents are encouraged to apply as soon as
Possible at victoria, tx.gov/citizens

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academy. The application deadline is october
31st. On behalf of the parks department,
In partnership with the texas wildlife

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association and the texas youth hunting
Program, we will once again host the victoria youth
Hunt on october 17th through 19th.

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for the second year in a row,
The hunt will be hosted by the victoria county navigation district at the port of
Victoria.

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the program is designed to expose novice and
Underserved kids, ages 12 through 17, to the outdoors and the
Sport of hunting.

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for more information or to register for the
Victoria hunt, visit typekit.

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in addition, our parks and recreation
Department, in collaboration with townsquare media,
Have geared up for a free community halloween

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party that will take place at the victoria
Community center on wednesday, october 22nd from 5 to 9 p.m. The event will feature trunk
Or treat booths and townsquare media dj's

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partying in the dome,
Plus not so scary crafts for the younger set and a spooky haunted house for ages 12 and
Above in the annex.

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lastly, on behalf of the parks and recreation
Department, registration for our christmas parade as well as for our parade entrance and
Food merchandise vendors for the lighted

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christmas parade is open through october
31st, or until all entry slots in each category
Have been filled.

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residents can sign up by visiting victoria,
Toward ct.gov registration,

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or by contacting the parks and recreation
Department at 361485 3200 or parks at

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victoria, tx.gov. The parade will be held in
Downtown victoria on saturday, december 6th, which of course follows the
Tree lighting ceremony,

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which is always the evening prior,
Which will take place on friday, december 5th. Those are all the announcements
I have for this evening.

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all right. Very good. We will then move to
B2,

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which is public and employee recognitions. And our first item is our keep victoria
Beautiful beautification award for october.

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miss uecker. Good evening. Good evening, mayor and council.

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we have a big winner today. I think you'll be very happy to know.

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this is our october winner,
And I'm going to have meredith bird, our our chair of keep victoria beautiful
Announce our winner.

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good evening, miss bird. Good evening,
Mayor and council.

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so tonight we are recognizing victoria
Builders supply on john stockbauer as our

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october beautification winner. This property always looks nice and really
Immaculately,

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immaculately kept. They've recently installed
Some new landscaping at the road,

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and it's really looking great. Some nice new
Small trees and small shrubs and stuff,

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and it's really sprucing up the place. And so tonight we'd like to welcome brian
Guajardo up here to accept this

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beautification award for victoria victoria
Builders supply. Congratulations. Thank you.

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on behalf of myself and the owner,
Dan graffito. We're just honored to be a part of keeping
Victoria beautiful.

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this is a great place. Dans from ohio and
Been here over 30 years and doesn't want to

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leave. But it's a great place to raise
Families and do that.

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and we're just doing our part and helping the
Community with doors,

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garage doors, anything you need. But we're happy and we're honored for this
Award, so we appreciate it.

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thank you. Congratulations. Well thank you. Mr. Garza,
Do you have any other public and employee

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recognitions? I do have several this evening. Mayor. Okay. I first want to start off by
Acknowledging all the employees and everybody

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who played a role in a successful texas fest. This was the second year under the brand of
Texas fest,

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which, of course began during our
Bicentennial year. And I would say, without even having to look
At the figures,

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that it was a successful weekend. And so kudos to joel and the entire planning
Committee for a successful weekend.

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as usual, we'll be gathering all the data on
Attendance and the financials and provide a

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more thorough overview of the event here in
The next meeting or so.

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but I still wanted to take a minute to just
Acknowledge joel and everybody that played a factor in a successful tech house.

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so if we can give them a round of applause,
That'd be awesome. In addition,

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recently discovered victoria attended the
Recently discovered victoria attended

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destinations texas annual conference in fort
Worth just last month and received the second

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place award for website design and
Effectiveness in the 500,000 to 1 million budget category. And so congratulations again
To joel and his team and everybody who played

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a role in that. Is he here? They're all recovering somewhere. He probably
Is.

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he probably is. But congratulations to them
On that as well.

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he actually did text me a few minutes ago
Saying he had to be unloading a u-haul of

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things from the festival,
But in any case, I want to transition to some personnel items. Of course,
Recently there's been some some bittersweet

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news coming out of our police department. Bitter because we are,
Of course, losing our chief young.

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he will be moving on,
And I want to take a minute to just share some thoughts and some appreciation for chief
Young.

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many of you know that he moved here in august
Of 21 to become deputy chief under then

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robert arredondo. And really played a huge
Role in enhancing and modernizing the way

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that we, as he calls it,
Fight crime. Right? Crime fighting. At the end of the day,
That's the core mission of any police

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officer. And chuck, at his core is a crime
Fighter.

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and so a lot of the, a lot of his experience
Over several decades, he brought to our department and really
Helped move the needle as it relates to

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improving crime. And what I have found to be
Extremely amazing in terms of what he and the

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entire police department have been able to do
Under his leadership, not only as deputy chief, but then, of course,
As chief, as chief,

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of which he became chief in may of 23,
Was their ability to lower our crime rate,

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while at the same time dealing with historic
Levels of being short staffed.

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and so the combination of being,
The combination of being able to do that doesn't happen by magic. It happens by very
Intentional effort,

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very strategic crime fighting tactics,
Maximizing the utilization of technology,

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something that chief young has been high on,
Things like the license readers that we now

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have, several that we now have throughout our
Community, and other things. His vision for real time
Crime center that was contemplated in the

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design of the public safety headquarter
Building to leverage technology and resources to assist our police officers in real time.

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that's the legacy that that he that he'll
Leave behind as we say goodbye to chief

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young. And so if you could please help me,
Chief young, if you wouldn't mind rising,
Because we'd like to acknowledge you and

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thank you for your service with us,
Chief.

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thank you, chief. His last day as our chief
Will be this friday the 10th.

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and so with that, of course,
Comes some change in leadership. And so recently, we also announced the
Interim appointment of deputy chief fedders.

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and I do want to read you a few things about
About clay.

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but if you aren't aware since joining bpd in
2008,

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clay has served in key roles including
Captain of investigations, swat commander, lieutenant of patrol and
Support services,

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and of course, most recently as deputy chief
Of operations. And each position he has strengthened officer
Development, accountability and operational

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readiness. Clay also brings extensive
Leadership experience from his 30 year military career, recently retiring as a major
In the texas army national guard.

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his service includes leading units supporting
Over 20,000 soldiers, managing significant resources,
And coordinating lifesaving disaster response

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operations during hurricane harvey and
Tropical storm imelda. A dedicated mentor and educator,
Clay has trained countless officers through

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the victoria college police academy and
Developed leadership programs to help shape the next generation of law enforcement
Leaders.

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as interim chief, clay,
Together with the entire command staff, which of course includes deputy chief moya as
Well,

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will provide steady leadership and guidance
As we prepare for an exciting milestone that begins the next couple of months,
Which is, of course, moving into our new

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public safety headquarters,
Which is a huge step forward for our department and our community. And that is the
Focus of the department.

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that is the focus of management over the next
Few months to focus on that big move.

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and I have all the trust and confidence in
Clay and the entire command staff that we'll be able to do that successfully. And so
Congratulations,

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chief fedders. Lastly,
An announcement that

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unintentionally slipped through the cracks.
And so, kate, I apologize, but recently we went through a reorg in our
Parks and recreation department.

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which led to the creation,
Or I should say, the reclassification of a position to create a second assistant
Director.

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this was a move that comes on the heels of
The venue tax passing and is coming as we

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prepare for this major investment in the
Expansion and renovation and expansion of our

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community center. This move creating the
Second assistant director position. Parks and recreation centralizes all of our
Special event centric operations related to

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our venues, venues that we've invested and
Will invest significant amount of money on, such as the downtown square and the community
Center.

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and so all of that will now be under kate
Garcia as our new assistant director.

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I'm, I'm very excited that she's that she's
Reached this point in her career because as

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some of you know, she actually worked in the
City manager's office for a couple of years. But before then worked for seven years in our
Environmental services department as a

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programs coordinator. And so she has
Extensive experience with the city of victoria. And so it's always awesome to see
Folks start off their career with us and

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progress in their in their careers. And kate's just another example of that.

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and she began a few weeks ago as this
Assistant director for parks and recreation. We do plan a press release that will go out
Next week.

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but, kate, congratulations. I know you're here, so congratulations on
Your promotion.

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and that is all I have for the for this
Evening. All right. Thank you,
Mr. Garza, I appreciate it. We will move then to
Items from council.

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miss butler, I believe you had one this
Evening. I do ironically, I'm going to piggyback off of your parks and
Rec.

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is her mic on? Probably not.

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how about now? Okay, I'm going to piggyback
Off of your parks and rec with a feel good

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moment. On your screen,
You'll see. Marathon. Marathon was is rescued by colton
Harp,

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who is part of our parks and rec department
And now has an ongoing fan club.

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of all the animal lovers in victoria,
There were two women who were running at

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riverside park. They do that every morning. Found an injured dog and colton stepped in.

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if you'll notice that that beautiful
Marketing that marathon has going there,

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we have a new member of the parks and rec
Department. We've already got a shirt for him.

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anyway, I wanted to acknowledge colton hart
Because he went out of his way to assist with

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these two ladies and make sure that the dog
Was safely cared for until animal services

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could arrive. Great. Great job. Colton. Thank you. Any other items from
Council?

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no. Okay, then we will jump into citizens
Communication.

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we have quite a few green cards this evening, so I will remind everyone to please limit
Your comments to three minutes in length and

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we will start with trevor montgomery.

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welcome, mr. Montgomery. Thank you, mayor and council. I'd like to first off mention that with the
Fire association,

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I am the vice president. I am a resident in
Town. I live at 206 vista cove. I have a few of us with us.

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sorry, a few of us here together tonight. So I think there's three other comment cards
Related to this.

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if you want to just have us go right after
There. Might make more sense that way. First

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off, the main reason I want to comment here
Tonight is to say thank you to council and to

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mayor crocker here for taking the situation
With our employees seriously,

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not just the fire or police or first
Responders, but in general for the city.

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this is the most in regards to fire. This is the most aggressive change in our pay
Scale,

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I believe, since 2008. So that has a lot of weight behind it. It is very much appreciated among the fire
Personnel.

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and I'd also like to thank you,
Mayor crocker, for having the foresight to keep that pay committee as a continuing
Process that we look at every year.

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I think that's a great example of leadership. And thank you all for having us tonight.

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thank you very much. Next card I have is from
James collins.

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welcome, mr. Collins. How are you? Good,
Sir. How are you doing? Doing well. Thank you. All right. I'm here tonight.

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I'm the president of our police association.

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and thank you, mayor and council,
For allowing us the opportunity to speak.

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and I just wanted to echo the sentiments of
The city manager. In thanking chief young for his service to
The men and women of the victoria police

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department, the city of victoria and the
State of texas.

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I was one of the first members of the
Department to meet chief young back in 2021,

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when then chief police roberto arredondo
Invited chief young to join him here in

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victoria. Chief young was interviewing before
A panel for the position of deputy chief.

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so during this interview,
Chief young was humble, very brief when describing his experience and
Accomplishments while a member of the dallas

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police department. After the interview,
Chief arredondo actually had to fill in some

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blanks for me because chief young kind of
Sold himself short a little bit on on some of

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the things that he accomplished in dallas. And so I think that's a trend that continues
To this day.

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if you ask chief young who he is or what he's
Done,

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he's likely to undersell himself. And so he's unlikely to brag on himself,
But he's very willing to tell you stories

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from his experience. Experience that is over
40 years in law enforcement now at this

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point. And so when chief arredondo left in
2023,

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chief young, who'd been here for less than
Two years at that point stepped up and filled

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that gap that was created by his leaving. He'd not initially come to be chief,
But he was thrust into that position by the

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officers at the department and by a community
That he had really just joined,

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but had had come to, to to trust him in just
A short amount of time.

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and so he saw a job that needed doing,
And he stepped up to do it.

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and so here, almost two and a half years
Later, chief young has decided to leave our
Department, but his impact will be felt for

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years to come. I think all the officers that
Work for him appreciate the dedication he has

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for the profession and his willingness to get
Involved as chief.

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young worked alongside us. It became obvious just how in love with law
Enforcement he is.

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his joy for the profession of policing is
Alive and well, and he can. And as he continues his career,
Wherever he goes,

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whatever department or office snags him,
They'll be getting someone who is driven to

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solve crimes and catch bad guys. On behalf of the men and women of the
Victoria police department, thank you, chief

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young for your dedication to us,
And we look forward to seeing you and working

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with you around victoria. The community you've come to call home. Thank you. Well said. Thank you,
Mr.

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collins. The next card I have is from wilma
Edwards.

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good evening, miss edwards. Good evening. My name is wilma edwards,
And I came tonight with the group that was

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supposed to be with me. I think we all got
The days mixed up,

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so I'm going to have to represent those. And the ones that was going to come was
Coming from silver city, not from queen city.

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they was coming as a group to let you know
For themselves what was going on firsthand.

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00:19:53,070 --> 00:19:53,070
so since they're not here,
I'm just going to ask you to continue doing

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00:19:57,350 --> 00:19:57,350
what you can do now. I was told there's more
Drug over there than homeless.

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00:20:04,150 --> 00:20:05,990
I don't know too much about that. But whatever you can do to make that place
Better and take care of the citizens because

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00:20:12,070 --> 00:20:12,070
they're scattering them all over,
Because we end up with some in silver city.

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00:20:17,310 --> 00:20:17,310
I don't know where the rest of them went,
But please just do something,

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00:20:23,190 --> 00:20:26,950
because I know we've been coming up here and
Talking about we going to do this and we going to do that. But nobody is showing no
Example of what you can do and will do.

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00:20:34,060 --> 00:20:34,060
the last time I came,
I gave you three, three places that you can

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00:20:38,860 --> 00:20:41,180
fix for those homeless. And if they drug dealers,
I don't know that I told you on the corner,

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a 104 south navarro. There's a vacant lot
There that you can build or fix.

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00:20:56,580 --> 00:20:56,580
and then we had one on dick's food store.

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00:21:01,540 --> 00:21:04,580
everybody know dick's on crestwood. They closed that building down.

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00:21:06,060 --> 00:21:08,420
that's a vacant building. I know there's money floating around
Somewhere,

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00:21:11,340 --> 00:21:11,340
but if you can fix that up temporarily until
You can get one,

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00:21:15,380 --> 00:21:19,020
that's right for everybody. Now I'm, I keep being called and and asking
To do this and do this,

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00:21:25,860 --> 00:21:25,860
but I'm getting to the point where we need
Help.

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we need help. We spend money on things that I
Think could be later done.

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00:21:42,180 --> 00:21:46,180
I it hurts my heart to know that we have city
Council, we have policemen, we have city manager,
We have all these peoples and we can't seem

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00:21:52,060 --> 00:21:52,060
to get queen city fixed.

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00:21:56,380 --> 00:21:59,900
right? I'm not talking about the park. I'm talking about queen city itself.

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00:22:02,140 --> 00:22:02,140
and in queen city we have the place where
They eat.

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00:22:07,380 --> 00:22:07,380
now that has changed. It made it bad because
The people can't go inside and eat.

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00:22:11,940 --> 00:22:14,620
they can't go inside and bring the food out. So it's getting worse.

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00:22:17,140 --> 00:22:17,140
mayor, I'm going to call your name because I
Know you care and I know somebody else cares.

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00:22:26,010 --> 00:22:29,050
but if you can get a committee,
I'll work with you. I think last time I was here,
I told you, you can put me on the on your

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00:22:33,330 --> 00:22:35,530
server, you know, put me on. Give me some money. I have nothing else to
Say today.

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00:22:38,450 --> 00:22:41,930
but y'all pray for me because I'm out here
Not just working for one person. Everybody thinks miss wilma can do this,
And miss women can do that.

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00:22:45,290 --> 00:22:47,410
but let me tell you, I'm 85 years old. But I'm still going. God won't let me sit
Down.

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00:22:50,370 --> 00:22:53,850
so y'all continue to do something if you
Can't do nothing. But I don't know, what's the first thing you
Would do?

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00:22:56,850 --> 00:23:00,170
mayor clean it up, I guess. Let them know that you care.

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00:23:02,330 --> 00:23:04,250
please do that for me. And I think next tuesday,
Maybe this group of people will be here.

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00:23:07,890 --> 00:23:09,770
thank you so much for listening. Thank you, miss edwards. All right.

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00:23:12,650 --> 00:23:16,490
the next card I have is I want to make sure I
Get this I, colin batchelor, is that correct?

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00:23:30,560 --> 00:23:33,880
I know you mentioned wanting to go back to
Back, but you may want to say the names. So the mayor calls those cards back to back,
As you prefer.

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00:23:38,000 --> 00:23:39,400
this is colin batchelor. He is a state field rep for the texas state
Association of firefighters.

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00:23:43,400 --> 00:23:45,640
okay. He has nothing to say at this moment. I just want to call attention that we did
Bring him in. Just to have a,

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00:23:49,720 --> 00:23:51,560
you know, an expert on our side as well. So if needed, if requested by council,
He is ready for comment.

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00:23:55,440 --> 00:23:59,280
and the rest of our names are alan the flame
And jose pena. Okay. Thank you. Why don't those two
Gentlemen then come on up and we'll just go

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00:24:03,280 --> 00:24:05,560
ahead and take care of take care of those. Yeah. And if you

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00:24:15,360 --> 00:24:15,360
would state your name just to make sure we
Get it for the record. Yes, sir. Okay,

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00:24:19,920 --> 00:24:19,920
good, good evening, mayor and council.

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00:24:24,160 --> 00:24:24,160
I would just like to extend my gratitude for
The hard work that you guys put in,

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00:24:28,720 --> 00:24:28,720
along with the city management on that
Compensation plan.

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00:24:33,440 --> 00:24:37,280
you know, it seems to have helped out a lot. And we do appreciate it very much.

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00:24:40,160 --> 00:24:42,840
for now, that's all I have to say. Thank you very much. Along with victoria fire
Department,

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00:24:47,480 --> 00:24:47,480
25 years. Just wanted to come personally and
Tell y'all thank you for the pay plan.

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00:24:54,320 --> 00:24:57,480
very grateful. Appreciate it. Thank you. Appreciate you guys being here.

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00:25:00,080 --> 00:25:00,080
all right. I have michael vondra.

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00:25:10,320 --> 00:25:13,760
welcome, mr. Vondra. Thanks. Good evening. Council. Mayor, I'm michael vondra.

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00:25:15,240 --> 00:25:18,600
I live at 2107 north benn jordan. Then I would like to see the trailer park
Cleaned up at victoria oaks trailer park.

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00:25:25,230 --> 00:25:29,190
they have a banana tree and it goes into the
Sidewalk, but it also goes into the road.

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00:25:31,110 --> 00:25:31,110
and one car had to swerve to miss the banana
Leaf and almost hit another person.

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00:25:36,670 --> 00:25:36,670
and dana fowler, the vice president of
Operations,

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00:25:40,870 --> 00:25:40,870
has no interest in cleaning it up,
Nor does the personal injury lawyer that's in

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00:25:47,430 --> 00:25:47,430
charge of it, nor the manager at the trailer
Park.

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00:25:51,590 --> 00:25:54,230
and something needs to be done about it. There's mailboxes that's fall fell off,
And they just put it at a 45 degree angle and

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00:26:01,310 --> 00:26:05,030
refused to mount it. They're missing lids and
Letters, and, you know, they're not keeping it up.

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00:26:07,670 --> 00:26:09,750
the plumbing hasn't been finished. They got like big pvc pipes stuck out about 5
To 6 foot out.

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00:26:15,990 --> 00:26:19,260
and it's not taking taken care of. And the city of victoria has made progress.

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00:26:22,940 --> 00:26:26,660
they got five, ten, 16,
29 and 32 demolished. So that's been a help.

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00:26:28,700 --> 00:26:28,700
but the only reason it was done because code
Enforcement found it and put it through the

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00:26:34,900 --> 00:26:34,900
chain of command. And I would like to thank
Chief arredondo and deputy chief when he was

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00:26:42,500 --> 00:26:42,500
deputy chief coming to the trailer park to
Look at all those potholes at the trailer

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00:26:48,700 --> 00:26:50,540
park owner refused to fix. And it's concreted now,
And looks a lot better.

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00:26:55,020 --> 00:26:55,020
and congratulate him for the october the 10th
Retirement and stuff.

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00:26:59,980 --> 00:26:59,980
and the car wash. I do appreciate the
Sheriff's deputies and the police officers

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00:27:06,500 --> 00:27:06,500
working together to put criminal trespass
Warnings on people so people could use the

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00:27:12,020 --> 00:27:15,860
car wash, and so the maintenance man could
Fix it. And the reason they don't let people take
Food out at christ's kitchen because the

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00:27:20,940 --> 00:27:20,940
people they litter and they feed there the
Food to dogs and stuff,

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00:27:26,340 --> 00:27:28,340
and they trash it all out. And that's the reason they have a policy
Where you can't take food out because people

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00:27:33,940 --> 00:27:37,140
get tired of cleaning out,
Up, out, you know, after the homeless people,
You know, because these are volunteer people

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00:27:42,540 --> 00:27:42,540
that don't get paid. But I would like to see
The personal injury lawyer held accountable.

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00:27:48,300 --> 00:27:48,300
and dana fowler, the vice president of
Operations and all the management held

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00:27:54,620 --> 00:27:58,340
responsible and clean up that trailer park
And fix it. Right? You know, they've done a very poor
Job.

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00:28:00,500 --> 00:28:02,940
thanks. And have a good day. Appreciate it. Thank you, mr. Vondra.

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00:28:04,780 --> 00:28:04,780
and then a final card I have is from harley
Fisk.

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00:28:17,410 --> 00:28:17,410
welcome, mr. Fisk. Thank you,
Mayor and city council members.

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00:28:23,410 --> 00:28:23,410
first, as a member of the friends of the
Victoria public library,

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00:28:28,050 --> 00:28:28,050
I want to thank all those people who were
Involved in having our successful 50th

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00:28:33,690 --> 00:28:33,690
anniversary party. And would particularly
Like to thank jessica and her staff and,

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00:28:41,610 --> 00:28:41,610
of course, keisha, who did much of the
Planning and all those who attended.

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00:28:48,610 --> 00:28:48,610
some of you could have spent a little more
Money, but all right.

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00:28:53,970 --> 00:28:53,970
secondly, as a member of the board of the
Theater victoria,

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00:28:58,930 --> 00:28:58,930
I want to let everyone know or remind people
That the spongebob squarepants the musical

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00:29:06,530 --> 00:29:10,050
starts on thursday. Right. Kids and the adults involved have put a great
Deal of effort into making that a successful

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00:29:17,170 --> 00:29:19,770
event, and I encourage people to attend. Thank you. Thank you,
Mr.

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00:29:21,690 --> 00:29:21,690
fisk. All right. So that will close out
Citizens communication.

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00:29:26,410 --> 00:29:26,410
we are going to jump around in our agenda a
Little bit to accommodate.

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00:29:30,850 --> 00:29:32,970
we have an out of town guest this evening. And just in the interest of getting him back
On the road at a reasonable time,

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00:29:37,370 --> 00:29:40,170
we're going to jump down to our work session, which is item g one. Good evening,
Mayor and council.

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00:29:49,570 --> 00:29:49,570
I would like to take a moment to introduce
You to our civil service and collective

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00:29:53,850 --> 00:29:56,450
bargaining subject matter expert this
Evening, mr. Frank garza. Frank has an extensive
Public and employment law experience in

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00:30:01,610 --> 00:30:05,610
representing municipalities and governmental
Entities in legal matters involving their businesses and operations.

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00:30:07,450 --> 00:30:07,450
he currently serves as city attorney for
Multiple cities and provides legal guidance

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00:30:11,800 --> 00:30:14,280
to the cities of alamo heights,
Leon valley, edc richmond, san antonio and windcrest prior
To prior to joining the firm of davidson

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00:30:20,680 --> 00:30:22,840
trujillo. Did I say that right? Troilo. Close enough. Rehmand garza,
In 2002,

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00:30:28,840 --> 00:30:32,680
he served as the city attorney for the city
Of san antonio for seven years. And before that, he served as an assistant
City attorney for the city of dallas.

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00:30:36,640 --> 00:30:40,240
he was on the board of directors for the
Texas city attorneys association, serving as president of the board in 2013.

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00:30:43,000 --> 00:30:46,200
he is president elect of the board of
Directors of the university hospital foundation, and on the board of the consejo
Education foundation,

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00:30:51,040 --> 00:30:51,040
and I believe he was at one point a professor
At saint mary's university.

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00:30:56,280 --> 00:30:56,280
so, frank. I will give you the mic.

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00:31:01,840 --> 00:31:03,840
thank you. Welcome, mr. Garza. That was quite an introduction. Well,
And just to defy the rumors.

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00:31:09,990 --> 00:31:12,230
I am not related to your city manager. Fair enough, fair enough. So collective
Bargaining in chapter 143 is my understanding

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00:31:19,630 --> 00:31:23,390
that you have an election in november on both
Items? Both exist, can exist concurrently and
Separately.

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00:31:26,910 --> 00:31:30,190
and let me go ahead and start with the
Presentation. The following. If you look, go to the next slide right
There.

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00:31:33,670 --> 00:31:33,670
okay. So here are examples of cities that
Have both state civil service chapter 143 and

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00:31:40,550 --> 00:31:44,510
collective bargaining. As you can see,
They range in size from some of the largest cities to some of your mid-size to smaller
Cities.

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00:31:48,310 --> 00:31:48,310
and all of these cities except new braunfels
Have both.

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00:31:52,390 --> 00:31:55,710
chapter 143 and collective bargaining. The city of new braunfels has chapter 143 and
Meet and confer,

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00:32:01,470 --> 00:32:04,710
which is not quite as collective bargaining. But still they are able to negotiate some
Terms and conditions to their employment.

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00:32:12,310 --> 00:32:15,470
state civil service. We'll start off with
Chapter 143. It's only applicable to the following types
Of cities.

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00:32:19,030 --> 00:32:22,030
you have to have a population of greater than
10,000. You must have a paid police or fire
Department.

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00:32:25,790 --> 00:32:25,790
and you must receive a petition from 10% of
Your voters in the last city election

296
00:32:30,390 --> 00:32:30,390
requesting civil service for police and or
Fire.

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00:32:34,430 --> 00:32:37,870
it is my understanding that the only thing on
Your ballot this year is for the fire department. And then citizens approve the
Adoption of civil service rules through the

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00:32:43,510 --> 00:32:43,510
through an election. Chapter 143 primary goal
Is to standardize.

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00:32:49,990 --> 00:32:49,990
standardize police and fire department
Employment practices and ensure decisions are

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00:32:55,630 --> 00:32:55,630
based on merit. That's under the purpose
Identified in chapter 143.

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00:33:02,950 --> 00:33:02,950
it requires the city to follow consistent set
Of rules for the hiring,

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00:33:08,140 --> 00:33:08,140
promoting pay and disciplinary matters of its
Fire department.

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00:33:12,700 --> 00:33:12,700
and in your case, when state law chapter 143
Is amended,

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00:33:18,100 --> 00:33:18,100
your civil service rules may also be amended.

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00:33:22,860 --> 00:33:26,020
and there's always confusion that if you
Adopt 143, you also grant collective bargaining rights.

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00:33:28,300 --> 00:33:28,300
that is not true. As you know,
You have to have an election for both items

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00:33:33,580 --> 00:33:34,700
simply because you are. Chapter 143 city does not give you collective
Bargaining rights.

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00:33:43,380 --> 00:33:47,140
as you know, the city of victoria is set to
Vote on civil service for firefighters in november of 2025. No city that has ever
Adopted chapter 143 has ever repealed it.

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00:33:56,100 --> 00:33:59,740
now, if there was a vote for requirements for
Repeal, first of all, it has to have been in place
For one year.

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00:34:03,140 --> 00:34:03,140
and the same thing. It requires a petition
From 10% of voters who voted in the last city

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00:34:08,250 --> 00:34:08,250
election. A city council could not adopt an
Ordinance to put it on the ballot.

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00:34:12,890 --> 00:34:12,890
it requires a petition of citizens to put it
On the ballot.

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00:34:18,570 --> 00:34:21,730
and then again, it's held on the first
Available uniform date. And there are there is specific language,
Just like when you adopt.

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00:34:25,010 --> 00:34:28,850
it requires specific language just to repeal
It. The ballot requires very specific language
That,

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00:34:31,890 --> 00:34:31,890
in my opinion, is a little confusing,
But it does require it for for repealing of

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00:34:37,450 --> 00:34:37,450
the chapter. In 2023,
The legislature passed hb 2713,

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00:34:44,850 --> 00:34:48,530
which requires 10% again for the petition to
Repeal. And it now prevents cities of a population of
50,000 or more from ever repealing it.

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00:34:56,730 --> 00:34:56,730
the legislation was a direct response to
Repeal efforts in austin and san marcos

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00:35:02,970 --> 00:35:02,970
cities with a population of less than 50,000
Can still repeal chapter 143,

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00:35:09,450 --> 00:35:12,450
but it does require the petition and
Election. Cities of over 50,000 can no longer repeal
Chapter 143.

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00:35:17,970 --> 00:35:17,970
can I ask a question about in instances where
You had some cities up there where 143

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00:35:25,090 --> 00:35:25,090
applied in those cities,
Do they typically apply to both fire

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00:35:29,770 --> 00:35:32,730
department and police department? Depends on the ballot. Okay. For example when the city of new
Braunfels first adopted,

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00:35:37,890 --> 00:35:41,490
they had their first chapter,
143 election, it was simply for the fire department. And that was in 2006.

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00:35:44,650 --> 00:35:44,650
five years later, in 2011,
The police department also placed on the

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00:35:48,690 --> 00:35:51,570
ballot to also be able to have civil service. So if it would have required a separate
Ballot to include the police.

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00:35:57,090 --> 00:35:57,090
item. Okay. Okay. And then under this,
If it's put in.

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00:36:01,920 --> 00:36:04,880
so 50,000. So victoria's obviously over
50,000. If it's put in there's no way to.

329
00:36:06,800 --> 00:36:06,800
it doesn't go away unless the texas
Legislature legislature amends this

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00:36:11,120 --> 00:36:14,800
provision. Okay. It would be it would no
Longer be able to repeal it. Got it. Okay. Thank you.

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00:36:18,200 --> 00:36:18,200
chapter 143 is one of the most litigated
Areas facing cities.

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00:36:23,240 --> 00:36:26,360
and why? Because it deals with hiring
Decisions. It deals with promotion decisions.

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00:36:27,960 --> 00:36:31,600
it deals with discipline,
Leave and pay. So it is one of the most litigated areas that
A municipality does face.

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00:36:38,400 --> 00:36:42,080
police officer and firefighter associations
Have been successful in lobbying. Changes to chapter 143 at the legislature.

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00:36:44,680 --> 00:36:44,680
an example that I gave you is the recent
Legislation on the repeal language.

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00:36:48,920 --> 00:36:48,920
if adopted, the city must establish a civil
Service civil service system for its

337
00:36:54,680 --> 00:36:54,680
firefighters. The. This basically will shift
The authority over personnel personal matters

338
00:37:00,270 --> 00:37:00,270
for fire from city management to a newly
Created civil service commission.

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00:37:07,750 --> 00:37:07,750
so if it's adopted in november,
You will have 30 days after the within 30

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00:37:14,550 --> 00:37:14,550
days after the first fiscal year to be fully
Implemented,

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00:37:18,990 --> 00:37:22,910
which basically means november 1st of 2026. If it is adopted in this november,
The law says it must be fully implemented

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00:37:28,230 --> 00:37:31,790
within 30 days after the first fiscal year
Begins. So since you're already started this fiscal
Year,

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00:37:34,830 --> 00:37:36,350
it would be the next fiscal year. You have to you have to fully implement it
Within the next fiscal,

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00:37:39,990 --> 00:37:39,990
within 30 days of the next fiscal year,
Which basically is november 1st of 2026.

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00:37:45,470 --> 00:37:45,470
however, the city must appoint a civil
Service commission within 60 days of

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00:37:51,030 --> 00:37:54,270
canvasing your election. Three members under state law.

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00:37:56,230 --> 00:37:56,230
only three members serve on your civil
Service commission,

348
00:38:00,750 --> 00:38:03,230
and they serve staggered three year terms. The initial appointments will be for one year
Term,

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00:38:06,390 --> 00:38:10,230
a two year term, and a three year term. Very important members are appointed by your
City manager and confirmed by the city

350
00:38:16,950 --> 00:38:16,950
council. That is specifically outlined in the
State law.

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00:38:24,310 --> 00:38:24,310
state law requires that the commissioner must
Be a member of good moral character,

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00:38:28,990 --> 00:38:28,990
must be a us citizen,
A resident of the city for more than three

353
00:38:33,630 --> 00:38:33,630
years, over 25 years of age,
And not have held any public office within

354
00:38:39,670 --> 00:38:39,670
the last three years. There was actually an
Ag opinion where an individual was nominated

355
00:38:44,350 --> 00:38:44,350
to be served as a fire and police civil
Service commission member,

356
00:38:48,430 --> 00:38:48,430
but because he had served as a civil service
Commission member in the civilian ranks for a

357
00:38:53,230 --> 00:38:53,230
very large city that was deemed a public
Office and could not serve within those last

358
00:38:58,060 --> 00:38:59,500
three years. So almost any. Elected and appointed position that that
Person served under would be.

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00:39:04,780 --> 00:39:07,780
he would be ineligible,
Or she would be ineligible for up to at least three years. So it has to have been a person
Who's not served in any appointed or official

360
00:39:11,740 --> 00:39:15,220
position for a public position for almost
Three years. And would that include,
Like commissions within the city,

361
00:39:18,900 --> 00:39:22,340
like our parks and rec commission,
For example, or a lot of things? A lot would depend on how much authority your
Commissions would have.

362
00:39:25,300 --> 00:39:28,380
I can probably tell you,
If they were a planning and zoning commissioner, where they might have some
Final authority. Probably not a board of

363
00:39:32,700 --> 00:39:35,300
adjustment. That clearly is a public
Official. So if they have final authority on any
Matters,

364
00:39:38,220 --> 00:39:40,420
that's probably deemed a public office. If they're purely advisory and have no final
Authority,

365
00:39:43,780 --> 00:39:43,780
all they do is make recommendations,
Then it's possible they could serve okay.

366
00:39:48,060 --> 00:39:50,700
and that's appointed or elected either one. That is correct okay. All right.

367
00:39:52,220 --> 00:39:52,220
thank you. Commissioners may serve up to
Three consecutive terms.

368
00:39:57,970 --> 00:39:57,970
again, partial term appointments do not count
Toward the term limitation.

369
00:40:02,490 --> 00:40:02,490
commission may only be removed by council for
Misconduct in office.

370
00:40:07,890 --> 00:40:07,890
and let me point that out. Misconduct in
Office.

371
00:40:12,010 --> 00:40:12,010
if a person is a commissioner and gets pulled
Over for dwi while off duty or going home

372
00:40:17,570 --> 00:40:17,570
after a party or whatever,
That is not misconduct in office.

373
00:40:23,450 --> 00:40:27,210
it's very strict. And the reason they make it
Very strict, if they if the commissioners make a decision
That's unpopular with the council,

374
00:40:31,650 --> 00:40:31,650
they don't want the council to be able to
Remove them.

375
00:40:35,770 --> 00:40:35,770
okay. It has to be misconduct in office in
Order for them to be removed.

376
00:40:41,050 --> 00:40:41,050
and the misconduct must be a public finding
Made at a council meeting.

377
00:40:45,250 --> 00:40:45,250
and the commissioner may request a hearing at
An open meeting to have a public hearing on

378
00:40:51,530 --> 00:40:51,530
any potential removal.

379
00:40:56,050 --> 00:40:58,730
some of the duties of the commission once
They're appointed. The first one of the first is to elect a
Chair and vice chair.

380
00:41:03,170 --> 00:41:03,170
they must adopt the rules necessary to carry
Out the intent of the law.

381
00:41:07,890 --> 00:41:07,890
this will take time, because you are going to
Be adopting rules and guidelines on the

382
00:41:16,210 --> 00:41:16,210
hiring of your firefighters,
On the promotions and the requirements to be

383
00:41:20,650 --> 00:41:24,050
promoted by your for your firefighters. The discipline, pay and classification of
Your firefighters.

384
00:41:29,930 --> 00:41:29,930
these are very detailed rules that will take
The commission a lengthy amount of time to

385
00:41:37,850 --> 00:41:41,330
develop. And remember,
They have to be fully ready to go and implemented by november 1st of 2026.

386
00:41:44,890 --> 00:41:44,890
if the citizens approve chapter 143.

387
00:41:49,090 --> 00:41:52,640
some of the examples,
Again, they'll deal with rules that detail calls for removal or suspension.

388
00:41:55,040 --> 00:41:55,040
set physical and mental requirements for
Applicants into the fire department.

389
00:41:59,600 --> 00:41:59,600
they will call for exams for applicants and
Other ranks when there is an opening,

390
00:42:03,840 --> 00:42:03,840
and they approve hiring and promotional lists
Within a set period of time.

391
00:42:09,520 --> 00:42:09,520
chapter 143 is very detailed with certain
Aspects,

392
00:42:14,600 --> 00:42:14,600
but does give flexibility to the commission
To set up rules where the chapter 143 is

393
00:42:20,880 --> 00:42:20,880
lacks, is lapsing in some details,
And it allows the local rules to fill in

394
00:42:25,920 --> 00:42:25,920
those gaps. So in the cities that you
Mentioned,

395
00:42:30,280 --> 00:42:30,280
do you see discrepancies among rules for city
Versus city b?

396
00:42:35,560 --> 00:42:35,560
yes, sir. In fact, one of the best examples I
Can give you is city of san antonio used to

397
00:42:42,160 --> 00:42:42,160
have one of the strictest rules for police
And fire for hiring applicants.

398
00:42:47,120 --> 00:42:50,790
for example, any drug use under the age of
22, they were automatically disbanded forever.

399
00:42:53,830 --> 00:42:57,830
they could never reapply if they were found
To have ever used drug use under the at any time under the age of when they basically at
Any age upon their application.

400
00:43:08,190 --> 00:43:08,190
because as times got harder and marijuana use
Is now legal in certain areas and so forth,

401
00:43:16,070 --> 00:43:17,990
they've had to relax some of those rules. For example, if any drugs used below the age
Of 17,

402
00:43:22,910 --> 00:43:25,190
they're still now flexibility to still be
Hired. Their old rules, they were banned even if
They use drug use under the age of 17.

403
00:43:30,670 --> 00:43:30,670
so they've relaxed some of those rules
Depending on the difficulty in getting

404
00:43:36,590 --> 00:43:38,110
applicants and so forth. There are still some cities that have very
Strict rules for the hiring and having set

405
00:43:43,790 --> 00:43:45,990
standards, but they do. They do vary from city to city.

406
00:43:48,470 --> 00:43:48,470
and are those rules 100% within the purview
Of this commission?

407
00:43:52,670 --> 00:43:52,670
yes, sir. I mean, so if council disagrees
With them or city management disagrees with

408
00:43:58,430 --> 00:44:02,350
them, whatever the commission adopted is what
It is. That is what it is. Okay. And how much of those rules are statutory
Actually required by 143?

409
00:44:06,390 --> 00:44:09,430
well, 143 requires you to have rules for
Applicants. And there are some rules outlined in chapter
143.

410
00:44:12,710 --> 00:44:12,710
like for firefighters,
You have to be between the ages of 18 and 36

411
00:44:18,630 --> 00:44:21,190
is the age range and so forth that's laid
Out. You must have a high school diploma or ged.

412
00:44:25,150 --> 00:44:28,630
you could have a local rule that says,
No, you know what? Firefighters have to be emts. We want them to have at least 30 hours
Of college.

413
00:44:31,630 --> 00:44:31,630
so you could have a local rule that's a
Little stricter than what the state law

414
00:44:35,790 --> 00:44:35,790
allows for. And again,
Council may not reject or amend rules adopted

415
00:44:43,190 --> 00:44:43,190
by the commission. When I was first hired by
The city of san antonio,

416
00:44:48,340 --> 00:44:51,420
it was customary for the civil service
Commission to send the rules for the city council for approval,
And it was an observation that said state law

417
00:44:57,580 --> 00:44:57,580
says the commission has full authority,
And it had to be told to the council that

418
00:45:02,260 --> 00:45:04,820
they did not have the authority. Now there is checks and balances and I'll go
Over that.

419
00:45:07,180 --> 00:45:07,180
where the council does have authority to
Limit what can and cannot be done,

420
00:45:11,300 --> 00:45:14,940
because guess what? City council controls the
Budget. And so if there are some rules that are going
To cost the city,

421
00:45:18,380 --> 00:45:18,380
and the city says we can't afford those,
Then those rules are not going to affect

422
00:45:22,540 --> 00:45:22,540
because you don't finance or you don't budget
Those dollars.

423
00:45:27,420 --> 00:45:30,340
now one thing to point out,
Frank, I think councilman butler has a question. Yes. What's the ability for the
Commission to amend the rules once the rules

424
00:45:35,020 --> 00:45:37,740
are established? The commission? Yeah, the commission has the authority to
Amend the rules at any time.

425
00:45:40,860 --> 00:45:44,300
now, I will tell you,
Based on the commissions I've worked with, they rely a lot on the management of both
Fire and police to make recommendations to

426
00:45:50,820 --> 00:45:50,820
some rule changes. For example,
If they're having difficulty finding

427
00:45:55,500 --> 00:45:55,500
applicants for certain for positions and the
Police department or the fire department

428
00:46:00,020 --> 00:46:02,820
comes and says, you know what,
We need to relax some of these entry requirements because we're having difficulty
Getting applicants,

429
00:46:06,860 --> 00:46:06,860
or they want to change the promotional
Process or require additional time for for

430
00:46:12,180 --> 00:46:14,860
someone to qualify for promotion. So I will be honest that a lot of commissions
Do rely on both city management and police

431
00:46:21,100 --> 00:46:24,580
and fire management to give recommendations
To rule changes. But again, it's up to the commission.

432
00:46:28,140 --> 00:46:31,660
pardon me. Isn't that kind of what we have in
Place already? Yes, sir. But again, it's the commission that
Makes the final to say in this case.

433
00:46:37,580 --> 00:46:40,220
now, I will be honest,
Since you both have chapter 143. In collective bargaining on your ballots,
Collective bargaining agreements may override

434
00:46:46,330 --> 00:46:46,330
any commission rule. So you might have
Chapter 143 and have requirements on certain

435
00:46:52,930 --> 00:46:54,770
requirements for promotion. Well, with collective bargaining you can
Negotiate those away.

436
00:46:58,370 --> 00:46:58,370
and so basically your chapter 143 would no
Longer be applicable if a contract

437
00:47:02,970 --> 00:47:02,970
specifically takes that away.

438
00:47:07,690 --> 00:47:07,690
and so would the commission then just amend
Its rules to match whatever the agreement

439
00:47:12,410 --> 00:47:12,410
was. What I have recommended,
Because negotiations change from time to

440
00:47:17,050 --> 00:47:17,050
time, is basically identify that that rule
Has been overridden by the collective

441
00:47:22,170 --> 00:47:22,170
bargaining agreement. Okay.

442
00:47:27,170 --> 00:47:27,170
one of the other duties of the commission is
To recommend classification and pay scales

443
00:47:31,370 --> 00:47:33,810
over the fire department. I heard during citizens be heard that you've
Had a pay committee that go over some of the

444
00:47:40,130 --> 00:47:41,930
pay scales and so forth. Well, the commission would now have full
Responsibility to recommend classification

445
00:47:46,160 --> 00:47:49,120
and base pay scales of the department. This is one area where the council must
Approve recommendations or return back to the

446
00:47:54,240 --> 00:47:56,320
commission for further consideration. You can't amend them,
But if you disagree with them,

447
00:47:59,160 --> 00:48:01,000
you send them back to the commission. With what? What basis is the reason you did
Not?

448
00:48:03,920 --> 00:48:06,720
you denied those recommendations. It is sometimes an issue between the council
And commission.

449
00:48:10,800 --> 00:48:10,800
I've seen it work out most times where it
Does get worked out.

450
00:48:15,640 --> 00:48:17,320
there is one exception. Collective bargaining,
Again, can take that authority away from the

451
00:48:20,520 --> 00:48:20,520
commission. And most cities that have both
Commission has nothing to do with pay and

452
00:48:27,640 --> 00:48:27,640
classifications. It's all done through
Collective bargaining.

453
00:48:32,640 --> 00:48:32,640
city of san antonio police and fire civil
Service commission has not had anything to do

454
00:48:37,040 --> 00:48:37,040
with pay scales or classifications from the
Outset because collective bargaining has been

455
00:48:42,800 --> 00:48:42,800
there from the outset.

456
00:48:47,160 --> 00:48:50,200
other duties of the commission is to appoint
A director. The commission must appoint a director to
Oversee the enforcement of the civil service

457
00:48:54,200 --> 00:48:54,200
rules. The director may be a commissioner,
May be a city employee or any qualified

458
00:49:00,560 --> 00:49:00,560
person. I have never seen a commission
Appoint one of its own commissioners as the

459
00:49:05,400 --> 00:49:05,400
director. Most cities appoint the hr director
Or an assistant hr director as the commission

460
00:49:11,920 --> 00:49:11,920
director, the commission can remove the
Director at any time without management or

461
00:49:17,360 --> 00:49:17,360
council approval. Again,
The commission will set the standards for

462
00:49:24,640 --> 00:49:24,640
hiring of its firefighters in accordance with
Chapter 143.

463
00:49:29,040 --> 00:49:29,040
the commission can set stricter guidelines as
Long as not in conflict with state law.

464
00:49:35,040 --> 00:49:35,040
I have many cities that identify and have
Stricter guidelines with regards to drug use,

465
00:49:40,550 --> 00:49:40,550
employment history and criminal record.

466
00:49:47,430 --> 00:49:47,430
under chapter 143, a firefighter is defined
As an employee who performs fire suppression,

467
00:49:54,030 --> 00:49:56,590
fire prevention, fire training,
Fire safety, fire communications, fire administration,
Fire arson,

468
00:50:00,150 --> 00:50:00,150
and fire ms. If chapter 143 is adopted by
Your voters,

469
00:50:07,310 --> 00:50:07,310
all firefighters who've been employed with
The city for six months or more are

470
00:50:13,310 --> 00:50:13,310
automatically civil service employees,
Except one.

471
00:50:17,510 --> 00:50:17,510
your department head. Your chief is never a
Member of the civil service.

472
00:50:23,670 --> 00:50:23,670
for employees who have been employed for any
Firefighters that have been employed for less

473
00:50:27,990 --> 00:50:27,990
than six months, it will be up to the
Commission to require them to take any

474
00:50:32,390 --> 00:50:32,390
entrance exam, or to go ahead and allow them
To be civil service.

475
00:50:40,540 --> 00:50:40,540
some requirements under chapter 143 for
Appointment of a firefighter must be between

476
00:50:44,980 --> 00:50:47,180
the ages of 18 to 36 for entry. Firefighter. I have some cities that have
Changed that to 21 to 36.

477
00:50:53,620 --> 00:50:56,660
must meet legal requirements for
Certification by commission of fire protection personnel honorably discharged
From the military.

478
00:51:00,860 --> 00:51:02,540
high school diploma or ged? Again, I have some cities that have increased
That to 30 hours of college education.

479
00:51:07,300 --> 00:51:10,260
read and write english. Pass an entrance exam. Pass a physical exam. And again,
It is the commission that sets all these

480
00:51:14,980 --> 00:51:14,980
standards. And that's why it takes a while to
Develop all these rules.

481
00:51:21,700 --> 00:51:25,060
commission would set the standards and
Enforce by fire department through the hiring process. Academic criteria.

482
00:51:27,820 --> 00:51:27,820
financial responsibility. Have they filed for
Bankruptcy? Do they have outstanding debts

483
00:51:32,340 --> 00:51:34,500
and so forth. Physical fitness. Driving record. Do they have 20 speeding
Tickets since the age of 18 to 21 and so

484
00:51:39,980 --> 00:51:42,220
forth. Polygraph exam. Will that be required to be hired?

485
00:51:44,100 --> 00:51:45,860
psychological evaluation. Employment history. Use of illegal drugs and
Again criminal history. These are all sample

486
00:51:50,060 --> 00:51:50,060
disqualification factors that have
Disqualified applicants from being hired.

487
00:51:57,500 --> 00:51:59,260
entry exam procedures. City must post notice of exam.

488
00:52:01,940 --> 00:52:01,940
there must be a vacancy before you're even
Allowed to post a notice.

489
00:52:08,100 --> 00:52:08,100
you may be anticipating vacancies,
But you cannot post for a test until you

490
00:52:12,380 --> 00:52:14,660
actually have a vacancy. City must provide for open,
Competitive, and free exams.

491
00:52:19,540 --> 00:52:19,540
the commission would certify the list and
Must appoint from the list.

492
00:52:25,180 --> 00:52:25,180
five points are added to the honorably
Discharged veterans,

493
00:52:29,580 --> 00:52:33,540
and the commission must post a list of all
Candidates who passed the exam, and the list is good for 12 months or until
It is entirely exhausted.

494
00:52:41,810 --> 00:52:41,810
the department must consider three candidates
For every opening.

495
00:52:46,770 --> 00:52:46,770
chief executive must select the highest
Ranked candidate unless it has a valid reason

496
00:52:52,010 --> 00:52:53,770
for skipping the candidate. Who's the chief executive?

497
00:52:56,330 --> 00:52:56,330
the city manager would select from the
Candidate list.

498
00:53:01,770 --> 00:53:01,770
I. As city attorney, I went through a very
Long argument with the former city manager

499
00:53:06,010 --> 00:53:06,010
who says, I've never done the hiring,
But because a candidate who did not get

500
00:53:10,650 --> 00:53:10,650
hired, challenged and went to court,
The court came back and said,

501
00:53:16,050 --> 00:53:19,490
city, you're doing it wrong. Wrong. You have
The fire chief going through the candidate list. The state law says chief executive must
Go through the candidate list.

502
00:53:24,530 --> 00:53:27,890
so, mr. City manager,
You are now going to have to go through the lists and make all the hiring decisions
Yourself.

503
00:53:32,440 --> 00:53:35,280
so when it says a valid reason for skipping
The candidate, can you give us some examples of what are
Valid and what are invalid reasons?

504
00:53:38,880 --> 00:53:38,880
sure. So some of the reasons for for example,

505
00:53:42,920 --> 00:53:42,920
the individual failed the polygraph exam
During the applicant process.

506
00:53:47,160 --> 00:53:50,960
he's up there on the list,
But you're passing the individual because he failed the polygraph exam or passed the
Physical agility test,

507
00:53:55,160 --> 00:53:55,160
or after he applied for the test,
Took the test great.

508
00:53:59,640 --> 00:54:02,760
made a great score on the test,
Got arrested. So you have to again,
Those are valid reasons for skipping

509
00:54:06,680 --> 00:54:10,120
somebody. Previous employment history. He'd been fired from his four previous jobs.

510
00:54:12,880 --> 00:54:16,640
you know, those are all things that you're
Able to take consideration as long as you have civil service rules to back up as
Reasons why you can disqualify someone.

511
00:54:21,360 --> 00:54:23,600
so the reason has to be within the rules. That's correct. Okay. Okay.

512
00:54:25,640 --> 00:54:25,640
so it's not discretion on the part of the if
It's discretion to some extent,

513
00:54:30,240 --> 00:54:33,040
but it's discretion based on the rules that
Were adopted. Got it. And then if he does skip,
The executive must file a report with the

514
00:54:38,760 --> 00:54:42,200
commission as to why it selected a lower
Ranked candidate. And then all firefighters under chapter 143
Must serve a one year probation.

515
00:54:50,040 --> 00:54:52,120
promotional procedures. Firefighters are not eligible for promotion
Unless in the previous position for two

516
00:54:56,880 --> 00:54:56,880
years. Exception. Only one year requirement
If recalled to military duty and serves at

517
00:55:02,640 --> 00:55:06,160
least one year on that military duty. City must post notice of exam 90 days before
The exam notice.

518
00:55:11,920 --> 00:55:11,920
must identify the source of materials that
The exam is going to come from,

519
00:55:17,000 --> 00:55:17,000
and again, must have a vacancy to call for a
Test so you have a vacancy.

520
00:55:22,600 --> 00:55:26,560
you then have to post notice,
And you have to wait 90 days before you can give the promotional exam all exams must be
Identical and given at the same time.

521
00:55:34,230 --> 00:55:34,230
exception. If someone is out on military duty
When the exam is given and they come back and

522
00:55:38,750 --> 00:55:38,750
they they were eligible for promotion,
They must be given a promotional exam as

523
00:55:43,950 --> 00:55:43,950
well. And or the exams,
Are they state wide?

524
00:55:48,870 --> 00:55:50,870
no, sir. Standardized. In fact, that's one of the discussions that I
Had.

525
00:55:54,030 --> 00:55:54,030
most cities that have chapter 143 hire
Consultants to prepare these exams based on

526
00:56:00,590 --> 00:56:00,590
the materials that the department is wishing
To use to promote individuals.

527
00:56:06,790 --> 00:56:06,790
so it is something that in order for the city
Not to be accused of of creating slanted

528
00:56:14,190 --> 00:56:14,190
exams and so forth, you hire a consultant
Who's an expert in fire and police

529
00:56:19,710 --> 00:56:19,710
examinations, and you have those individuals
Develop neutrally based exams based on the

530
00:56:27,110 --> 00:56:27,110
materials that the department wants those
Ranks tested on.

531
00:56:31,660 --> 00:56:33,820
and are those consultants typically
Attorneys, I'm assuming, or not necessarily so.

532
00:56:37,860 --> 00:56:37,860
but I guess to that question,
Then does the city attorney's office in any

533
00:56:44,380 --> 00:56:48,220
way represent the committee,
Or is or the commission, or is the commission have independent
Counsel?

534
00:56:51,140 --> 00:56:53,980
if so, how does that get paid for? The city, the city council will will have to
Fund the services of the commission.

535
00:57:00,820 --> 00:57:00,820
I have some cities where independent counsel
Is used and not the the city attorney's

536
00:57:07,220 --> 00:57:07,220
office. And I have other cities where the
City attorney's office represents the fire

537
00:57:11,580 --> 00:57:15,180
and police commission and the civil service
Commission. The reason is because disciplinary appeals go
To a third party,

538
00:57:19,020 --> 00:57:19,020
and I'm going to talk about that in a second.
And so there's really no fight between the

539
00:57:26,780 --> 00:57:26,780
department and the commission because the the
City attorney's office,

540
00:57:31,620 --> 00:57:35,180
there's no discretion or there's no
Discipline being appealed. So they don't have to play both sides.

541
00:57:37,980 --> 00:57:41,620
but some cities do hire independent counsel. For example, I am the general counsel for the
Fire and police commission for the city of

542
00:57:45,740 --> 00:57:49,420
san antonio because there are issues where
The department is on one side, represented by the city and the commissions
On another side.

543
00:57:52,300 --> 00:57:54,020
I can see where that would happen. Yeah. Very easily. A candidate can receive up to
Ten years for seniority,

544
00:58:00,260 --> 00:58:02,980
one year per year on a promotional exam. Candidate may appeal exam questions and or
Answers within five days.

545
00:58:07,660 --> 00:58:11,620
commission must rule on the appeal of the
Questions before posting the final scores. This is one of the most.

546
00:58:16,220 --> 00:58:16,220
time consuming matters for your commission,
Because one point can make a determination as

547
00:58:24,020 --> 00:58:24,020
to whether a person is going to be promoted
Or not.

548
00:58:28,690 --> 00:58:28,690
so there are always appeals of exams.

549
00:58:34,090 --> 00:58:34,090
and that's another reason why I had to have a
Third party to do your examination,

550
00:58:38,730 --> 00:58:42,210
so that they can make the arguments as to why
A question is valid, because your candidates are going to be
Challenging those questions in order to

551
00:58:46,690 --> 00:58:50,050
hopefully have them thrown out. So their
Score will go further up and other people will go down. So they'll have a better chance
For promotion, because promotional exams are

552
00:58:54,530 --> 00:58:54,530
very competitive, and sometimes there's only
Three promotions going to be made off a list,

553
00:58:59,890 --> 00:59:01,810
and there's ten people on that list. They're going to do what they can to try to
Move up on that list.

554
00:59:04,570 --> 00:59:04,570
and that process is through the appeal of
Examinations.

555
00:59:09,210 --> 00:59:09,210
so commission must rule on the appeal of
Questions before posting final scores.

556
00:59:15,130 --> 00:59:15,130
it is a criminal offense if any part of the
Exam is revealed or received at any time.

557
00:59:20,970 --> 00:59:22,930
that is under chapter 143. 43. So when these candidates take an exam,
They cannot go talking about it to other

558
00:59:27,960 --> 00:59:27,960
candidates in the future of what's on this
Exam.

559
00:59:32,360 --> 00:59:34,200
so what's the format of the exam? Are these multiple choice,
Are they essay or are they short answer.

560
00:59:38,360 --> 00:59:38,360
I mean how do they how is that determined.

561
00:59:42,480 --> 00:59:42,480
they are not essay because they have to be
Graded right there at the test location by

562
00:59:49,840 --> 00:59:49,840
the commission. No, not by the commission,
By whoever is the proctor for the exam.

563
00:59:57,400 --> 00:59:59,800
okay. The proctor, the exam. And it's basically, you know,
The fill in the little holes and question and

564
01:00:03,160 --> 01:00:05,480
so forth. Then it goes into the computer and
Boom, they'll know their score before they leave
The room.

565
01:00:08,440 --> 01:00:08,440
that is one of the requirements of chapter
143.

566
01:00:12,520 --> 01:00:15,440
all exams must be graded at test location. Got it? Exams must be totally in writing and
No oral interviews exception.

567
01:00:21,240 --> 01:00:24,960
reception. City can negotiate in collective
Bargaining contract to allow for an assessment center. A lot of the cities do
Allow for assessment centers for your upper

568
01:00:30,120 --> 01:00:33,920
ranks, and they negotiate that in your
Collective bargaining. That can't be done by chapter 143 by itself.

569
01:00:37,440 --> 01:00:37,440
chapter 143 only allows for written and no
Oral portions of an exam question.

570
01:00:44,680 --> 01:00:44,680
you have a student that has a maybe a
Dyslexia problem,

571
01:00:48,800 --> 01:00:51,600
some type of reading,
Because at the victoria college we can actually read the exam to the candidate.

572
01:00:54,880 --> 01:00:55,960
can that be done here? That can be done. That,
That that specifically there is an ag opinion

573
01:01:00,520 --> 01:01:00,520
on that because the law says it must be the
Way it's processed,

574
01:01:05,280 --> 01:01:05,280
but because of ada and everything else that
Can be done.

575
01:01:11,840 --> 01:01:14,080
again, I think I went over this. Can can receive up to ten points for
Seniority.

576
01:01:17,280 --> 01:01:19,400
candidate may appeal the exam. And go forth. If vacancy exists.

577
01:01:22,630 --> 01:01:24,710
top three candidates. Names given to the
Chief. Now, here's one where the chief makes
Promotion and not the chief executive

578
01:01:27,870 --> 01:01:27,870
officer. The chief must select the top
Candidate unless there's a valid reason exist

579
01:01:32,830 --> 01:01:35,990
to pass. For example,
After the exam was given, the person received a one day suspension for
Violating a policy.

580
01:01:40,110 --> 01:01:40,110
that's a valid reason to pass over a
Candidate for another candidate has to re

581
01:01:45,950 --> 01:01:49,470
follow report to the commission of the top
Candidate is not selected. The promotion must be made within 60 days of
A vacancy.

582
01:01:54,870 --> 01:01:58,830
the there is an exception under 143 for a
Fire. Chief can appoint top four levels without
Going through exam process.

583
01:02:02,470 --> 01:02:04,790
if council gives that authorization. That authorization? In san antonio,
The top three levels in the fire department

584
01:02:14,150 --> 01:02:17,310
do not have to go through civil service
Examination. The city has created a separate assessment
Center for those types of positions,

585
01:02:21,220 --> 01:02:21,220
so it does give some flexibility for top
Levels if council wishes for them not to have

586
01:02:26,820 --> 01:02:26,820
to go through the exam process,
Which in your point there where you talk

587
01:02:31,420 --> 01:02:34,820
about the chief must select the top candidate
Is a top candidate. Whoever scored the highest on the test?

588
01:02:36,660 --> 01:02:39,220
that's correct. I mean,
That's that's the top. That's the litmus test. Yes, sir. Okay. Salary.

589
01:02:43,860 --> 01:02:47,580
all firefighters in the same rank must be
Paid the same. Except you can take into consideration
Longevity pay,

590
01:02:50,900 --> 01:02:54,500
seniority pay. Educational incentive,
Pay assignment, pay certification, pay shift differential pay
Higher classification pay.

591
01:02:59,980 --> 01:02:59,980
and again, collective bargaining can modify
Any of those aspects of it depends on what's

592
01:03:04,900 --> 01:03:04,900
negotiated. Desperate actions may only be
Taken for reasons stated in section 143.

593
01:03:14,180 --> 01:03:17,420
conviction of a felony or crime of moral
Turpitude. Acts of incompetency,
Neglect of duty.

594
01:03:21,140 --> 01:03:21,140
acts shown, lack of good moral character
Under the influence while on duty or

595
01:03:26,780 --> 01:03:29,740
violation of applicable standard operating
Procedures, your local rules, and so forth.

596
01:03:32,260 --> 01:03:32,260
your disciplinary letter must cite each civil
Service rule violated.

597
01:03:38,220 --> 01:03:38,220
commission can actually overturn a suspension
If the letter fails to cite the civil service

598
01:03:44,180 --> 01:03:44,180
rule violated. Firefighter may not be
Suspended without pay for more than 15 days.

599
01:03:52,820 --> 01:03:56,340
if it's going to be greater than 15 days,
Than the employee probably should be indefinitely suspended,
Which is what we would all,

600
01:03:59,140 --> 01:04:02,420
in the normal sense, call termination. The chief must notify in writing commission
Within 120 hours why the employee was

601
01:04:08,380 --> 01:04:10,660
suspended, why they don't use five days? I don't know, but the law says 120 hours.

602
01:04:15,410 --> 01:04:15,410
the city may not discipline an employee for
An act over 180 days old exception if it's

603
01:04:22,130 --> 01:04:25,970
criminal activity and the city has no
Knowledge of it. We. I recently had this incident in one of my
Cities,

604
01:04:29,450 --> 01:04:29,450
where the chief had given certain officers a
Credit card and a take home vehicle,

605
01:04:36,330 --> 01:04:36,330
and that credit card was for gas and fuel for
A take home vehicle.

606
01:04:41,250 --> 01:04:41,250
they had provided these two years later,
They did an audit and found that one

607
01:04:47,210 --> 01:04:47,210
particular officer firefighter was abusing
His credit card and take home vehicle,

608
01:04:53,410 --> 01:04:57,250
had four times as much fuel during that two
Year period than any other officer, and he did not live the furthest away.

609
01:05:00,290 --> 01:05:04,170
and so when he was disciplined,
The argument was, well, the city should have known they gave
Him a credit card and allowed him to take the

610
01:05:07,690 --> 01:05:07,690
vehicle home. The city responded,
But we were unaware of the criminal activity

611
01:05:12,690 --> 01:05:15,770
of him stealing basically from the city. So an arbitrator eventually ruled in favor of
The city that it even though it was over 180

612
01:05:22,170 --> 01:05:22,170
days old, the city was not aware of the
Criminal activity until the audit actually

613
01:05:26,690 --> 01:05:26,690
had been performed. Employee is given a right
To appeal any discipline.

614
01:05:32,690 --> 01:05:32,690
within ten days, the employee may select
Either the commission or an arbitrator under

615
01:05:38,290 --> 01:05:38,290
one 4357. I can tell you now that if you just
Have civil service commission and not

616
01:05:44,850 --> 01:05:44,850
collective bargaining 95% will go to a third
Party examiner and not go to the commission.

617
01:05:51,850 --> 01:05:54,970
why? Who appoints the commission? City manager's office.

618
01:05:56,890 --> 01:05:56,890
so they will go to the third party examiner
Or arbitrator.

619
01:06:03,530 --> 01:06:03,530
that cost of the arbitrator is half to the
City and half to the firefighter or

620
01:06:09,050 --> 01:06:12,040
association, if represented by the
Association. If appealed to the commission,
The appeal must be heard within 30 days.

621
01:06:15,280 --> 01:06:15,280
and like I mentioned,
It rarely goes to the commission.

622
01:06:20,400 --> 01:06:23,480
some miscellaneous provisions under 143. Any firefighter who performs the duties of a
Higher classification pay must receive the

623
01:06:28,160 --> 01:06:30,120
pay of the higher classification pay. You go to duty and the local lieutenant has
Called in sick,

624
01:06:34,040 --> 01:06:34,040
and they ask you to perform the duties of the
Lieutenant. You're going to be paid as

625
01:06:38,560 --> 01:06:41,720
lieutenant for that shift. Chief of the department. When appointment
Must be confirmed by council under 143.

626
01:06:47,320 --> 01:06:47,320
the chief removed must be returned to a
Previous civil service position,

627
01:06:51,480 --> 01:06:51,480
unless removed for cause and has a right to
Hearing.

628
01:06:56,160 --> 01:06:56,160
now it is silent. On what if the chief comes
From outside?

629
01:07:01,760 --> 01:07:01,760
it does not address that issue,
In my opinion because that individual is not

630
01:07:07,280 --> 01:07:07,280
civil service protected and did not rise
Through civil several civils rank and hire

631
01:07:11,350 --> 01:07:15,230
from the chief from the outside. There's no
Position to return that person to. So I do not think it would be applicable.

632
01:07:16,950 --> 01:07:16,950
it would only be applicable to if a person
Was promoted within.

633
01:07:21,470 --> 01:07:21,470
and so in that instance,
That chief, if they're let go from that

634
01:07:25,870 --> 01:07:25,870
position, they just go back into where they
Were before they were promoted to chief.

635
01:07:30,790 --> 01:07:34,550
correct. Unless unless they were removed for
Cause. Okay. And then any decision by commission may
Be appealed to district court.

636
01:07:39,790 --> 01:07:41,710
it has not come to council. Their decisions are appealed to district
Court.

637
01:07:46,510 --> 01:07:46,510
there's requirements for military leave. Time
Accounts must be established.

638
01:07:51,150 --> 01:07:51,150
political activities of firefighters and
Officers are controlled by state law.

639
01:07:56,830 --> 01:08:00,390
city must maintain personal files in
Accordance with state law. And then there are procedures. If you have a
Firefighter who's arrested for felony or an

640
01:08:05,590 --> 01:08:09,390
indictment, there are procedures you must
Follow under 143, and then the leave policies are also
Controlled by state law.

641
01:08:16,150 --> 01:08:17,550
so that's chapter 143. I'll briefly go over collective bargaining
Because I know you still have a very long

642
01:08:20,190 --> 01:08:23,150
meeting tonight. Collective bargaining again, is the process where employees,
Representatives negotiate with employers to

643
01:08:27,550 --> 01:08:27,550
reach an agreement on wages,
Benefits and working conditions.

644
01:08:32,990 --> 01:08:32,990
texas law prohibits most public employees
From engaging in collective bargaining,

645
01:08:37,670 --> 01:08:40,950
but there's an exception for police and fire. Again, it's chapter 174 of the local
Government code allows cities to grant

646
01:08:44,270 --> 01:08:44,270
collective bargaining rights to their police
And firefighters.

647
01:08:48,870 --> 01:08:52,710
in order to adopt collective bargaining,
A city must order election if petition is signed by 20,000 residents,
Or 5% of the number of qualified voters

648
01:08:59,390 --> 01:08:59,390
voting in the last city election,
Any city of any size can be petitioned,

649
01:09:07,180 --> 01:09:09,700
as you remember, in order to be a chapter
143, you had to be a city of over 10,000.

650
01:09:11,620 --> 01:09:11,620
there is no limit. There is no minimum here,
Any city of any size.

651
01:09:15,980 --> 01:09:15,980
in fact, I represented the smallest city in
Texas with collective bargaining,

652
01:09:20,900 --> 01:09:24,220
the city of balcony's heights for over 20
Years. I represented them there, a city of 3000, and they have collective
Bargaining for their police department only

653
01:09:30,420 --> 01:09:31,820
if approved by voters. Law is in effect not later than 30 days after
The next fiscal year.

654
01:09:35,380 --> 01:09:37,780
so very similar to chapter 143. It would have to be in place by november 1st
Of 2026.

655
01:09:41,980 --> 01:09:43,260
repealing is the same. Petition requirements 20,000 residents or 5%.

656
01:09:46,900 --> 01:09:49,220
again, I've never seen one repealed. The city of balcony's heights had an election
Last may to repeal it,

657
01:09:53,740 --> 01:09:53,740
and it lost 54 to 46%.

658
01:09:59,780 --> 01:10:02,100
cities that have it hate it. Unions love it. Successful negotiations are
Dependent on the attitudes of the parties

659
01:10:09,290 --> 01:10:11,930
negotiating the contract. If you go in with the attitude,
You're going to make them pay or they're not

660
01:10:15,170 --> 01:10:15,170
going to get a dime, extremists never
Succeed.

661
01:10:21,450 --> 01:10:21,450
collective bargaining negotiations are a lot
Like a mediation when both sides aren't

662
01:10:26,130 --> 01:10:27,850
happy. But you have a deal. That's what usually happens.

663
01:10:31,610 --> 01:10:34,090
successful negotiations usually occur in both
Sides. Listen and focus on those mutual gains,
With or without collective bargaining.

664
01:10:39,210 --> 01:10:39,210
public safety takes most of a city's budget.

665
01:10:45,090 --> 01:10:45,090
civil service chapter 143 rules still apply
Unless the contract specifically provides

666
01:10:52,330 --> 01:10:52,330
otherwise. Your firefighters are entitled to
Organize and bargain with city.

667
01:10:57,730 --> 01:10:57,730
if chapter 143 passes,
They'll be able to organize and negotiate

668
01:11:02,330 --> 01:11:04,970
with regards to their compensation,
Their hours, their health benefits for employees and
Retirees leave,

669
01:11:08,370 --> 01:11:10,490
and other conditions of employment. Let me ask you about that. What is other
Conditions of employment?

670
01:11:13,610 --> 01:11:14,730
what falls under that? Well, for example, I've seen fire contracts
Where it has requirements for sleeping

671
01:11:22,930 --> 01:11:26,930
quarters. You know what those are going to
Look like. It has requirements for how many shifts they
Can work overtime.

672
01:11:31,930 --> 01:11:34,730
so those are types of some of the other
Conditions of employment. It's really what both sides agree to.

673
01:11:40,490 --> 01:11:40,490
city must recognize the association selected
By a majority of firefighters to be the

674
01:11:45,170 --> 01:11:45,170
bargaining agent. This usually is not an
Issue for most entities,

675
01:11:49,370 --> 01:11:49,370
but it was an issue, for example,
For bexar county sheriff's association when

676
01:11:53,810 --> 01:11:53,810
they finally had their collective bargaining
Approved. You had your deputies on one side

677
01:11:58,210 --> 01:11:58,210
and you had your jailers on the other side,
And there was a debate as to who was going to

678
01:12:02,760 --> 01:12:04,680
be the lead negotiator. So you only must recognize the one entity
Selected by the majority of the firefighters

679
01:12:10,280 --> 01:12:11,520
to be the bargaining agent. If there are other subsidiaries,
You're not going to negotiate with them only

680
01:12:16,000 --> 01:12:16,000
with the main bargaining agents selected by
The majority of firefighters.

681
01:12:20,520 --> 01:12:20,520
all members of the fire department are
Eligible to be members except your fire

682
01:12:25,160 --> 01:12:28,560
chief. Some benefits to collective
Bargaining. Employees negotiate their wages and benefits,

683
01:12:31,640 --> 01:12:34,720
and there are consistent and fair working
Conditions. When you negotiate a contract for 3 or 4
Years out,

684
01:12:37,920 --> 01:12:37,920
you know what to budget those 3 or 4 years
Out because it's set for those three four

685
01:12:43,280 --> 01:12:43,280
years. The negatives inflexibility for
Management.

686
01:12:47,640 --> 01:12:47,640
you have a four year contract,
But in year two your economy goes down and

687
01:12:52,280 --> 01:12:55,320
your contract says what you're going to
Increase. Wages are for that one department,
And you may not have it for other departments

688
01:12:59,910 --> 01:13:02,950
because of that collective bargaining
Agreement. What? Pardon me? What happened during covid
For? For some of these municipalities.

689
01:13:08,390 --> 01:13:08,390
well or downturn in the economy,
But I'm just the cities were still required

690
01:13:14,790 --> 01:13:14,790
to abide by that collective bargaining
Agreement.

691
01:13:19,110 --> 01:13:19,110
there were times where some of the parties
Were able to negotiate a delay.

692
01:13:23,550 --> 01:13:23,550
they came back to the table and renegotiated
An extension of the contract in exchange for

693
01:13:28,270 --> 01:13:28,270
delaying an increase. They were able to
Negotiate a couple more years down the road.

694
01:13:32,470 --> 01:13:32,470
so it's really up to the parties at any time
They can reopen negotiations if both sides

695
01:13:37,510 --> 01:13:40,950
are amenable to that aspect of it. Normally, though, if I can add so you may
Recall during the budget presentations,

696
01:13:44,670 --> 01:13:44,670
me giving some examples of some cities that
Are in the process of making quite a bit of

697
01:13:49,790 --> 01:13:49,790
cuts because of the downturn in the economy,
Everybody's seeing the stagnation in property

698
01:13:54,030 --> 01:13:57,310
values, etc., when all of those instances,
You know, one of the things those communities had in
Common was that they were civil servants and

699
01:14:00,510 --> 01:14:04,390
collective bargaining communities. Right. And
So what they're in essence, unless they renegotiate and reopen the
Contract,

700
01:14:08,350 --> 01:14:08,350
those communities are having to decrease
Budgets in non public safety centric areas in

701
01:14:15,670 --> 01:14:19,350
order to honor the contract. And is there any I know we're you know,
We have our current cap on 3.5% that,

702
01:14:23,790 --> 01:14:23,790
you know, we can move or whatever. Is there
Any exception to that cap for these type of

703
01:14:29,070 --> 01:14:31,190
contract requirements? Or is basically it is what it is.

704
01:14:33,350 --> 01:14:35,150
and you got to find the money somewhere. During the last legislative session,
There was a bill that did not get through,

705
01:14:38,390 --> 01:14:38,390
but there was a bill that would make an
Exception to 3.5%.

706
01:14:42,790 --> 01:14:46,550
well, actually, it was tied to the 1%. Remember they discussed going to 1%. Yes, it was tied to that where there was an
Exception.

707
01:14:50,510 --> 01:14:50,510
if you needed it for police and fire,
It did not pass.

708
01:14:54,750 --> 01:14:54,750
so it's still at 3.5%,
But there is no exception for police and

709
01:14:59,900 --> 01:15:02,260
fire. Got it. Thank you. Some of the negatives. Again,
The inflexibility for management and then

710
01:15:04,980 --> 01:15:08,460
time consuming, costly and complex
Negotiations. I've seen negotiations even for the city of
Balcony's heights take eight months.

711
01:15:14,980 --> 01:15:14,980
so it could be time consuming,
Costly and complex.

712
01:15:21,980 --> 01:15:21,980
both sides are under a duty to bargain in
Good faith.

713
01:15:27,580 --> 01:15:30,420
they must meet at reasonable times. They must confer regarding compensation hours
And other conditions and execute a contract

714
01:15:36,020 --> 01:15:38,380
incorporating agreement. Usually the most contentious issues are
Usually pay and health benefits,

715
01:15:44,540 --> 01:15:47,060
and not just health benefits for the
Employees, for health benefits for the retirees as well.

716
01:15:53,140 --> 01:15:53,140
both sides must designate one or more persons
To negotiate.

717
01:15:57,330 --> 01:16:00,690
it's common to have a full room on both
Sides, and there's a picture of actual city of san
Antonio negotiations.

718
01:16:07,090 --> 01:16:07,090
if the association is going to propose a
Contract that will cost the city more than

719
01:16:12,330 --> 01:16:12,330
the current contract,
They must give you 120 days notice before the

720
01:16:17,450 --> 01:16:17,450
fiscal year. Negotiations must comply with
The open meetings act.

721
01:16:24,690 --> 01:16:24,690
every meeting of collective bargaining has to
Be open to the public.

722
01:16:31,570 --> 01:16:35,530
parties should agree to the ground rules for
The negotiation process. And again, the agreement is binding on both
The city association and the individual

723
01:16:40,210 --> 01:16:40,210
officers. Because at the end of the day,
The individual officers will be voting.

724
01:16:45,610 --> 01:16:45,610
firefighters will be voting on the contract
As well as the city council will be voting on

725
01:16:50,010 --> 01:16:50,010
the contract. If an agreement is not reached
On the 61st day after negotiations start,

726
01:16:58,370 --> 01:17:00,210
parties reach an impasse. However, parties may extend the negotiations
At 15 day increments.

727
01:17:06,010 --> 01:17:06,010
I was part of the city of san antonio
Negotiation team twice for both police and

728
01:17:10,250 --> 01:17:10,250
fire, and the 50 day increments were very
Common because we were not ever going to get

729
01:17:15,970 --> 01:17:19,970
to reach an agreement within the first 60
Days. If impasse is reached,
Either party may request arbitration.

730
01:17:27,290 --> 01:17:31,050
neither party really cares for arbitration in
This area. Why? Because you're usually going to get an
Arbitrator who comes in from out of town,

731
01:17:36,410 --> 01:17:36,410
makes a decision that no one is happy with,
And then they leave town and you're stuck

732
01:17:42,330 --> 01:17:45,970
with that decision. And I'll give you an
Example. The last before the last negotiations,
The city of san antonio and the fire

733
01:17:51,330 --> 01:17:54,040
department for the first time in their
History, went to an impasse and they went to
Arbitration.

734
01:17:58,680 --> 01:18:02,360
city of san antonio loved the results of the
Arbitration ruling. It ruled in their favor in every aspect but
One.

735
01:18:06,880 --> 01:18:06,880
the firefighters were not happy because
During the impasse there was no pay increase.

736
01:18:13,000 --> 01:18:13,000
the impasse was almost one year in almost two
Years in length before the arbitrator ruled,

737
01:18:18,880 --> 01:18:18,880
and when the arbitrator ruled,
It did not favor the firefighters.

738
01:18:24,600 --> 01:18:24,600
so but I've also seen it the other way,
Where the arbitration was not in favor of the

739
01:18:31,240 --> 01:18:31,240
city. So every instance but one.

740
01:18:35,480 --> 01:18:35,480
I have seen both sides work and work because
They do not want the contract to go to

741
01:18:42,080 --> 01:18:42,080
arbitration. So I understand you say when it
Says request arbitration,

742
01:18:46,680 --> 01:18:48,680
either party can actually force arbitration. Yes, sir. Okay, I have a question.

743
01:18:52,430 --> 01:18:55,670
you made the comment. Cities that have it
Hate it. But we know that there's approximately 160
Plus texas cities that do have this.

744
01:19:03,190 --> 01:19:06,310
from your perspective,
What factors have led to those cities being able to adopt it successfully?

745
01:19:08,510 --> 01:19:08,510
and how do their circumstances differ from
Ours currently?

746
01:19:13,990 --> 01:19:13,990
well, many instances. I mean,
It's hard to vote against firefighters.

747
01:19:21,190 --> 01:19:21,190
it is and when firefighters are,
You know, asking for fair pay,

748
01:19:26,990 --> 01:19:26,990
fair working conditions and so forth,
A voter finds that very compassionate

749
01:19:33,310 --> 01:19:33,310
argument in favor. I will tell you,
I mean.

750
01:19:39,190 --> 01:19:42,830
the city of balcony sides of 3000 should not
Have collective bargaining. It is too small of a city to be able to
Afford collective bargaining.

751
01:19:47,550 --> 01:19:47,550
and the proposal to repeal it failed because
It looked as if,

752
01:19:52,870 --> 01:19:56,110
though it was an anti-law enforcement
Proposal, because it's the it supports police officers.

753
01:20:00,350 --> 01:20:00,350
and so it was deemed as anti-police and
Therefore it failed.

754
01:20:06,790 --> 01:20:06,790
but I don't have a problem with some of the
Larger cities with collective bargaining or

755
01:20:11,230 --> 01:20:14,350
chapter 143 both sides are able to negotiate. It's just small cities like that.

756
01:20:16,230 --> 01:20:16,230
it's just it it takes up almost their entire
Budget and they don't have the resources to

757
01:20:22,990 --> 01:20:22,990
pay some aspects of it.

758
01:20:27,070 --> 01:20:27,070
but the reason I said cities hate it because
It does tie their hands and it is inflexible.

759
01:20:36,670 --> 01:20:39,790
for the years of the negotiations. However, I will also be honest that some
Cities during the,

760
01:20:44,470 --> 01:20:48,420
the, the economic upturns know exactly what
They're having to pay. They've budgeted for it. They they don't have
They they're able to forecast and be able to

761
01:20:53,220 --> 01:20:53,220
predict what that police department or what
That fire department personnel and costs are

762
01:20:57,900 --> 01:21:01,180
going to be for the next 3 or 4 years. And I would add on to that,
Councilman butler,

763
01:21:03,660 --> 01:21:06,780
you know, your specific question about,
You know, what potentially makes victoria different? I just go back to the to the
Common denominator or the,

764
01:21:12,380 --> 01:21:15,700
I should say, the common issue that we've
Talked about already at length, which is our lack of growth, right.

765
01:21:17,340 --> 01:21:17,340
one of the things that really differentiates
Us from many of the other communities that

766
01:21:21,780 --> 01:21:24,820
have collective bargaining is that there are
Growing communities. You know, in our particular case,
You know, we understand that when we don't

767
01:21:28,820 --> 01:21:32,180
have growth, we struggle to keep up with our
Ongoing expenses as it is. Right. So that could be potentially a
Financial challenge or a financial

768
01:21:35,460 --> 01:21:37,860
difference. Something to keep in mind. I wanted to chime in earlier,
But just for context.

769
01:21:41,420 --> 01:21:44,100
kingsville, where I served previous to
Victoria, had civil service in collective bargaining,
And they're a community of 27,000.

770
01:21:48,340 --> 01:21:51,140
just to give you a sense of,
You know, that there are, I guess, not many sites with 3000,
But, you know,

771
01:21:54,340 --> 01:21:54,340
there are some communities that are larger
Than balcony's heights but smaller than

772
01:21:59,420 --> 01:22:03,180
victoria that have civil service and
Collective bargaining as well. So let me ask this. If we're talking about
Cost involved in this.

773
01:22:06,540 --> 01:22:06,540
I mean, obviously if these were initiated,
Either one that it's going to increase the

774
01:22:15,500 --> 01:22:18,620
euro year on year expenses of the city. I mean, there's no doubt about that. What
Does it do for the administrative side in

775
01:22:21,900 --> 01:22:25,380
terms of our administrative costs? And that
May be more of a question for mr. Garcia. Sure. No, it's we've we've talked about it.

776
01:22:27,780 --> 01:22:27,780
and, you know, like anything else,
There would be a set up cost,

777
01:22:32,220 --> 01:22:35,980
if you will. You know,
We discussed this yesterday that, you know, we would more than likely would
Need to hire an attorney to help us and

778
01:22:40,140 --> 01:22:40,140
develop all of these procedures and processes
And to help the commission,

779
01:22:44,220 --> 01:22:44,220
I should say, do all of these things that
Could range from 25 to $30,000 in legal fees

780
01:22:49,770 --> 01:22:49,770
to help set that up. And there might be some
Other initial costs on a recurring basis.

781
01:22:56,370 --> 01:22:56,370
you know, you heard frank talk about how
Typically departments hire third party

782
01:23:00,730 --> 01:23:02,610
companies to do testing. You know, that would be an ongoing an example
Of an ongoing expense that we don't currently

783
01:23:06,090 --> 01:23:08,530
have that we would incur. There may or may not be other things that
That arise that might necessitate us hiring

784
01:23:17,170 --> 01:23:17,170
an outside help for. But some of the the
Heavy airlift,

785
01:23:22,290 --> 01:23:22,290
like who's likely to be or our director,
Probably somebody with hr.

786
01:23:27,330 --> 01:23:29,330
right. You know, who's likely to be,
You know, staffing the meetings,
Helping with agendas, you know, taking

787
01:23:31,850 --> 01:23:35,690
minutes, you know, doing all that stuff that
Would just be existing staff. And if that existing staff is already spread
Out thin,

788
01:23:38,370 --> 01:23:38,370
then it could potentially lead to some
Changes in hiring some additional staff to

789
01:23:43,320 --> 01:23:47,200
help with that. Assuming that it got to that
And kingsville's case, there was no need to hire additional staff,
You know,

790
01:23:49,520 --> 01:23:49,520
to do that. The negotiations would happen
Every three years.

791
01:23:54,240 --> 01:23:56,520
and in that scenario,
There wasn't a need to hire an outside negotiator either. That was something that
Was done through a combination of the city

792
01:24:00,200 --> 01:24:01,440
manager and city attorney. So it just depends. I will say,
Though, on a recurring expense,

793
01:24:04,960 --> 01:24:04,960
please keep in mind that we already have a
Step program that commits us maybe not

794
01:24:12,880 --> 01:24:15,600
through an agreement,
But commits us to pay increases every two years for both police and fire.

795
01:24:17,400 --> 01:24:20,360
and so in our financial calculations,
When we project out, you know, what's going to be our expense next
Year or two years from now,

796
01:24:23,840 --> 01:24:27,800
we already are getting a sense of that,
Just based off of the existing step plan that we have. And as a refresher,
You know, for both police and fire,

797
01:24:30,720 --> 01:24:30,720
that's 3% every two years for some of the
Lower ranks in this with this new pay program

798
01:24:35,880 --> 01:24:35,880
that just went into effect in october,
We actually changed the higher ranks to to be

799
01:24:39,960 --> 01:24:43,440
2% every three years versus 3%. But that's already calculated sort of in our,

800
01:24:46,680 --> 01:24:48,840
I guess, financial performance to some
Extent. And so if collective bargaining goes through,

801
01:24:52,600 --> 01:24:52,600
you know, there has already been some thought
On in continuing to invest in public safety,

802
01:24:57,600 --> 01:24:59,880
some of which, of course,
Came through the work of the subcommittee as well. But just know that that's there.

803
01:25:02,480 --> 01:25:04,680
and later when frank's done,
I'll walk you through a couple of other things that we're already doing that kind of
Hit on some of the points of civil service

804
01:25:08,480 --> 01:25:11,360
and collective bargaining. But on the
Financial part, just know that we're already investing and
Already planning on invest.

805
01:25:14,720 --> 01:25:18,080
and so that's contemplated for. Thank you. My last two slides is just really
A regurgitation of what we said earlier with

806
01:25:23,080 --> 01:25:23,080
regards that if chapter 143 civil service is
Approved by the voters,

807
01:25:27,160 --> 01:25:30,640
the city shall appoint a three member
Commission within 60 days of the canvasing election commission will establish rules and
Procedures again for the hiring,

808
01:25:34,640 --> 01:25:36,920
promotion and discipline of firefighters. Commission will appoint a civil service
Director council required to fund the

809
01:25:41,510 --> 01:25:41,510
administration of the civil service system,
The civil service must be in effect no later

810
01:25:46,710 --> 01:25:50,430
than 30 days after the next fiscal year,
And then the existing fire department employees with more than six months will
Automatically receive civil service status,

811
01:25:55,510 --> 01:25:59,070
and then, under chapter one,
Setting forth is approved by the voters again must be in effect no later than 30 days after
The next fiscal year.

812
01:26:02,630 --> 01:26:02,630
recognize fire association city commenced
Negotiations of terms.

813
01:26:06,790 --> 01:26:10,430
the negotiations continue for 16 days and 15
Day increments, and the contract is approved by the parties
Unless an impasse is reached and then either

814
01:26:15,070 --> 01:26:18,830
party may request arbitration if impasse is
Reached. And with that, I'll be happy to answer any
Other questions you may have and be here till

815
01:26:24,150 --> 01:26:24,150
you're done with this item for an hour.

816
01:26:28,670 --> 01:26:30,990
other questions? I have one. I always have one, and you stated it very
Clearly.

817
01:26:34,990 --> 01:26:37,590
voters are going to be asked to decide this. So based on your experience,
What is the most misunderstood aspect of

818
01:26:43,460 --> 01:26:43,460
civil service collective bargaining that both
Supporters and opponents have?

819
01:26:48,540 --> 01:26:48,540
what's the what's the one thing that maybe
Both parties miss?

820
01:26:58,700 --> 01:27:01,660
I think what most part,
What people don't understand is the complexity of the negotiations,
Especially for your first agreement.

821
01:27:07,140 --> 01:27:09,540
you're starting with nothing. Now, both sides may be bringing models from
Other cities,

822
01:27:13,180 --> 01:27:15,500
but your city is unique. Your circumstances are unique.

823
01:27:18,100 --> 01:27:18,100
so the first time you sit down to negotiate,
It is a complicated process,

824
01:27:25,500 --> 01:27:25,500
and it sometimes does get very emotional
Between the two sides.

825
01:27:31,740 --> 01:27:31,740
and I think that's one part that's very
Difficult to grasp rasp is the initial start

826
01:27:38,060 --> 01:27:38,060
of negotiations for the very first time.

827
01:27:42,180 --> 01:27:45,740
so for the voters out there that are trying
To understand, you know, what this is or is not,
How best would you describe it to them?

828
01:27:55,260 --> 01:27:55,260
I guess the best way to describe it,
It's any individual who's gone through a

829
01:28:00,500 --> 01:28:00,500
complex negotiation to purchase a house or to
Sell a house or it's it's it's a difficult

830
01:28:06,660 --> 01:28:06,660
process. Your first time around,
If you don't have experience and it's for

831
01:28:12,780 --> 01:28:12,780
that reason both sides are going to need to
Have experts to help with that initial

832
01:28:21,860 --> 01:28:21,860
negotiations of collective bargaining.

833
01:28:25,980 --> 01:28:29,780
chapter 143 is much easier to understand. It's a process with regards to laying out the
Hiring promoting disciplinary of of your

834
01:28:38,090 --> 01:28:38,090
firefighters. Collective bargaining is your
Negotiating terms between sides.

835
01:28:44,410 --> 01:28:47,610
it's not one side setting the rules and then
Everybody following it. It's what both sides come to agreement with
And whenever it does at times get difficult.

836
01:28:55,410 --> 01:28:55,410
and if I can, if I can add on to that,
That actually segues perfectly into some of

837
01:28:59,490 --> 01:28:59,490
the remarks that I wanted to make,
Because one of the things that concerns me

838
01:29:03,970 --> 01:29:03,970
about what is that public conversation going
To be like is that,

839
01:29:08,130 --> 01:29:08,130
you know, if all you focus on is the overview
That frank just provided as an example,

840
01:29:13,570 --> 01:29:16,890
the underlying unintentional implication
Might be that, you know, we don't have fair wages,
That we don't have fair working conditions,

841
01:29:20,010 --> 01:29:23,370
you know, things of that sort that we don't
Have processes to hire people, that we don't have processes to promote
People.

842
01:29:25,690 --> 01:29:29,290
and that's not true. You can disagree with
What we have in place. Right. But it would be false to think that
There aren't already,

843
01:29:34,200 --> 01:29:36,680
that there isn't already a process to
Promote, that there isn't already a testing process to
Promote those things exist already,

844
01:29:40,640 --> 01:29:44,400
right? So, for example,
With pay I just described earlier, I won't repeat myself. You know, we obviously have a step program
That already contemplates, you know, pay

845
01:29:47,800 --> 01:29:50,120
increase every two years for police and fire. Right. So if there's a member of the public
That's thinking that we're not thinking long

846
01:29:55,760 --> 01:29:58,280
term, would that be false because we have the
Step plan, right? And so I just want to make it clear
That we do have processes and protocols as it

847
01:30:05,280 --> 01:30:08,880
relates to some of these items that are at
The discretion of the fire chief. And I guess ultimately as myself as the city
Manager.

848
01:30:12,160 --> 01:30:13,600
now, do they vary by chief? Yes. My they vary even with the same chief
Depending on the situation.

849
01:30:18,320 --> 01:30:18,320
yes. And that's why very intentionally,
One of the cons is the is,

850
01:30:22,520 --> 01:30:24,720
is that managerial discretion. Right. Because there might be certain certain
Instances where,

851
01:30:28,000 --> 01:30:30,840
you know, the chief may want to be stricter
Or less stricter, you know, with certain processes,
Right? And that's his discretion currently as

852
01:30:34,160 --> 01:30:36,680
chief. And my discretion as city manager. And so what 143 does is obviously create that
Consistent,

853
01:30:42,160 --> 01:30:43,520
you know, kind of feel to it. Right. That would be very minimal in the
Opportunities for discretion.

854
01:30:48,320 --> 01:30:50,800
but again, to be clear,
You know, we have some of these things in place. And one of the things that we're
Embarking on as a way to try and educate the

855
01:30:53,880 --> 01:30:53,880
public on those factors is that we are
Working internally on developing an faq

856
01:30:58,880 --> 01:30:58,880
document and a website that we plan on
Launching next week that will include just

857
01:31:04,760 --> 01:31:08,120
some basic faqs around what is collective
Bargaining, what is civil service addressing some of
These questions that we're talking about now,

858
01:31:12,120 --> 01:31:14,560
such as what is the current pay for police
And fire? What's that structure? What is the current
Process for x, y, and z so that we at least

859
01:31:18,400 --> 01:31:21,080
can do our part to try and educate the
Public? Because it is a big decision.

860
01:31:22,560 --> 01:31:26,560
I'm sure the fire association has their own
Plan on, you know, community outreach and education,
And that's obviously their prerogative. But

861
01:31:30,910 --> 01:31:34,870
from our perspective,
We want to make clear that some of these things are already in place to some extent.

862
01:31:40,590 --> 01:31:44,470
and and I think it would be appropriate as
Well to convey to you what I've conveyed to even members of the fire department myself
Through meetings that I've had with them, is

863
01:31:48,070 --> 01:31:48,070
that I also am concerned that people look at
This election as a silver bullet to solving

864
01:31:52,510 --> 01:31:53,750
many of our challenges. Right. And I think we can all agree that our
Commitment to public safety is there,

865
01:31:57,430 --> 01:31:59,710
regardless of whether we have civil service
Or not, regardless of whether we have collective
Bargaining or not. And so I want to be very

866
01:32:04,350 --> 01:32:04,350
clear with them and with anybody in the
Public that public safety is a priority,

867
01:32:08,550 --> 01:32:10,630
regardless of whether this passes or not. And I think our recent actions,
I think, show that.

868
01:32:13,990 --> 01:32:13,990
but I just don't want people thinking that if
It fails public safety all of a sudden or

869
01:32:18,910 --> 01:32:18,910
fire department's not going to be a priority
Anymore. I don't want people thinking that if

870
01:32:23,110 --> 01:32:25,310
it does pass, you know,
All of a sudden, you know, it's going to mean we're going to fix all of
These issues that we're having with

871
01:32:27,550 --> 01:32:30,820
recruitment and retention as an example. And
So we just, I think need to be just mindful of all of the
Factors.

872
01:32:36,340 --> 01:32:36,340
I'll add on mr. Mayor,
I do appreciate you just as some of the other

873
01:32:41,820 --> 01:32:41,820
speakers up here today said about the
Compensation committee and all the fine work

874
01:32:46,140 --> 01:32:49,740
that that you guys have done in pushing the
Ball forward. So that was an excellent first step.

875
01:32:52,580 --> 01:32:56,340
and and it continues. And so thank you and
Thank you to the committee for, for that as they mentioned,
I do have a question.

876
01:32:59,380 --> 01:32:59,380
mr. Garza. Mr.. Frank garza.

877
01:33:04,460 --> 01:33:07,620
that's my brother. I'm just kidding. The civil service with the three appointed
Members,

878
01:33:10,500 --> 01:33:14,260
and now they're appointed by the city manager
And confirmed by the council and confirmed by the council. How much work do they have to do
To set all this up?

879
01:33:20,540 --> 01:33:23,660
it seems like a full time job early on. And you know, what are their qualifications?

880
01:33:26,060 --> 01:33:26,060
I mean, for all of the setting up testing and
And and I just went through your slides,

881
01:33:31,780 --> 01:33:31,780
I was just baffled by the amount of expertise
That three people who may not even be in the

882
01:33:40,900 --> 01:33:40,900
realm of firefighting would or management
Would have.

883
01:33:45,900 --> 01:33:45,900
it is a lot of work to develop those initial
Rules.

884
01:33:52,460 --> 01:33:52,460
the commission, I will tell you,
Will get will get a lot of help from staff

885
01:33:58,020 --> 01:33:58,020
from the fire department with regards to
Those initial rules.

886
01:34:03,180 --> 01:34:07,060
there's a lot of great places to start with,
Those initial rules and those model rules out there and so forth, but it will take time
Once the rules are approved and established.

887
01:34:14,380 --> 01:34:14,380
for example, the san antonio fire police
Commission meets once a month.

888
01:34:18,620 --> 01:34:21,060
just a lot like your p and s and so forth. Why? Because they don't handle the appeals,
The disciplinary appeals.

889
01:34:24,260 --> 01:34:24,260
those are handled by your third party
Arbitrators and so forth.

890
01:34:28,730 --> 01:34:28,730
they're dealing with the examinations and the
Appeals of the exam questions and approving

891
01:34:34,170 --> 01:34:37,570
lists and calling for tests that are
Required. The commission must do but that first initial
Six months to adopt the rules.

892
01:34:44,490 --> 01:34:47,490
I can tell you, for example,
In the city of new braunfels, the commission members were meeting once a week until the
Rules were finally adopted.

893
01:34:53,410 --> 01:34:56,690
and I'll jump in there. I think that it would
Be probably more work, but similar to the process that we use for
The charter review committee,

894
01:35:00,490 --> 01:35:04,450
where we did hire an expert to come in and
Walk the committee members through that, and they did meet repeatedly.

895
01:35:06,410 --> 01:35:06,410
I think it was over a course of several
Months as they walked through the process of

896
01:35:10,690 --> 01:35:12,570
creating those amendments to our charter. So that would be the most similar process
We've gone through so far to what we would

897
01:35:17,410 --> 01:35:19,730
have to do in this situation. I said on that committee,
And that was a lot of work.

898
01:35:23,330 --> 01:35:24,640
so did my husband. I remember. Yeah, yeah. So one other question about this
About this commission.

899
01:35:28,560 --> 01:35:28,560
so obviously they're not accountable or
Reportable if you will,

900
01:35:33,120 --> 01:35:33,120
to council. And I know that the city manager
Appoints him.

901
01:35:38,200 --> 01:35:38,200
do they report to the city manager or are
There just a complete autonomous body?

902
01:35:42,560 --> 01:35:44,600
they are complete autonomous body. Okay. Interesting. Okay.

903
01:35:50,040 --> 01:35:54,000
I kind of like a hypothetical question,
I guess. So the two groups cannot agree on salaries
For each rank.

904
01:35:59,560 --> 01:35:59,560
so it goes to arbitration and continues and
Continues a year.

905
01:36:05,840 --> 01:36:05,840
and an agreement is finally reached.

906
01:36:09,960 --> 01:36:09,960
is it what? They reach the agreement,
Does it go into effect?

907
01:36:14,840 --> 01:36:14,840
but then. Or is there like a back to back pay
For the firefighters that well,

908
01:36:20,680 --> 01:36:20,680
again, you mentioned that parties can't agree
And then an arbitrator comes in.

909
01:36:25,000 --> 01:36:25,000
right. An arbitrator can make it effective
Immediately retroactive.

910
01:36:29,480 --> 01:36:31,800
whatever the arbitrator decides to do. If both sides are in negotiations,
Both sides can decide.

911
01:36:35,480 --> 01:36:39,320
for example, I'll give you an example of one
Of my cities was in negotiations. It went a year past the,
The, the the expiration.

912
01:36:43,720 --> 01:36:46,800
and the city said, look,
If we don't reach a deal, we're only going to give you six months back
Pay.

913
01:36:49,240 --> 01:36:52,640
we're not going to go. The increase will only
Be back six months, no matter how long these negotiations and the
Parties agreed.

914
01:36:55,840 --> 01:36:59,840
so even though it took a year,
The retroactive salary increases only went back six months because both sides negotiated
That.

915
01:37:02,800 --> 01:37:06,160
when it's an arbitrator,
It's whatever the arbitrator rules that both sides have to live with.

916
01:37:11,280 --> 01:37:11,280
any other questions? Once again,
You cannot repeal ever chapter.

917
01:37:17,240 --> 01:37:20,510
that's correct. Unless state law changes. That's correct. Okay. Thank you for your
Patience with all our questions.

918
01:37:25,590 --> 01:37:28,510
this is a completely foreign,
Unknown world for us. And so we have lots of them.

919
01:37:30,030 --> 01:37:31,870
and we may we may have more. And so hopefully allison has your phone
Number.

920
01:37:34,270 --> 01:37:36,110
she does. All right. Thank you very much. Thank you very much. We appreciate it. Thank
You sir.

921
01:37:40,150 --> 01:37:40,150
all right. Moving on then.

922
01:37:45,710 --> 01:37:45,710
with other parts of our agenda we jumping
Back up.

923
01:37:50,350 --> 01:37:53,350
we do not have any items of public hearings
Tonight. So we will move to section d,
Which is our consent agenda,

924
01:37:56,910 --> 01:37:59,270
miss holbrook? Yes, sir. D1 is the adoption of minutes of the regular
Meeting held on september 16th, 2025 and the

925
01:38:03,310 --> 01:38:06,230
special meeting held on september 26th,
2025. Item d2 is a resolution approving a
Contribution and aid and aid construction

926
01:38:10,870 --> 01:38:10,870
agreement with american electric power for
The relocation of overhead power lines in

927
01:38:15,030 --> 01:38:18,830
front of the new public safety building at
2525 north main, in the amount of 450,450 517,090 $0.04.

928
01:38:24,230 --> 01:38:24,230
item three is a resolution adopting the fy
2025 2026 budget for the victoria sales tax

929
01:38:30,110 --> 01:38:30,110
corporation. Item d four is a resolution
Authorizing the city manager to execute a

930
01:38:35,710 --> 01:38:35,710
contract with the texas state library and
Archives commission for a grant award in the

931
01:38:40,110 --> 01:38:40,110
amount of 67,200. Item d five is a resolution
Approving the fy 2026 selective traffic

932
01:38:47,510 --> 01:38:47,510
enforcement program, or the step impaired
Driving mobilization grant from the texas

933
01:38:51,590 --> 01:38:51,590
department of transportation. Amount of
$6,342.20,

934
01:38:56,350 --> 01:38:56,350
which requires financial participation from
The city in the amount of $1,282.20.

935
01:39:02,710 --> 01:39:06,550
thank you, miss hilbert. Do I have a motion
With respect to the consent agenda? Motion to approve as read by miss hilbert.

936
01:39:08,870 --> 01:39:12,190
second. Got a motion? And second. All in favor, say aye. Aye. Any opposed? None. And the consent agenda?

937
01:39:15,430 --> 01:39:19,260
agenda passes. So we'll jump to item e1. Item e1 is a resolution approving the
Allocation of leftover construction funds to

938
01:39:23,740 --> 01:39:23,740
the pine street development project in the
Amount of 260,000.

939
01:39:29,980 --> 01:39:32,660
all right. Well, good evening,
Mayor and council. Good evening. This presentation was delivered
By danielle at the work session two weeks

940
01:39:37,940 --> 01:39:37,940
ago. So I'm not going to go through all of
It. But just at a high level of this project

941
01:39:42,060 --> 01:39:42,060
would transform the former water treatment
Facility and purchasing warehouse located at

942
01:39:46,820 --> 01:39:46,820
1201 pine street into a new single family
Residential neighborhood with up to 20 homes

943
01:39:53,900 --> 01:39:56,340
being built on that site. And then importantly,
Returning exempt property back to our tax

944
01:40:00,220 --> 01:40:00,220
rolls. So the slide I want to focus on is the
Funding strategy that was presented.

945
01:40:08,460 --> 01:40:11,220
we're currently going through the asbestos
Abatement. Next up, we have the demolition cost of
500,000 in the underground utility fill in

946
01:40:17,170 --> 01:40:19,210
and other items needed to prepare the site. At 350,000. You'll see the funding sources
There.

947
01:40:22,490 --> 01:40:22,490
we've got two amounts from general fund,
170,000 on the demolition cost line and then

948
01:40:28,650 --> 01:40:28,650
90,000 on the underground utility fill line,
For a total of $260,000.

949
01:40:34,330 --> 01:40:34,330
so we're just formally requesting that we use
Some money that we had left over in our

950
01:40:38,730 --> 01:40:38,730
construction fund. These were funds pretty
Much most construction projects have some

951
01:40:43,690 --> 01:40:45,090
contingency built into them. So when those funds aren't used,
That that gives us additional money that we

952
01:40:49,250 --> 01:40:49,250
can use towards other projects as well as
Accumulated interest earned in the fund.

953
01:40:56,890 --> 01:40:56,890
so anyways, there's $260,000 there that we
Would like to allocate towards this project

954
01:41:01,530 --> 01:41:01,530
with your approval and be happy to answer any
Other questions.

955
01:41:05,730 --> 01:41:05,730
anybody have any questions? Thank you for the
Information.

956
01:41:09,890 --> 01:41:09,890
with that then I will entertain a motion with
Respect to item e e1.

957
01:41:14,330 --> 01:41:16,530
move to approve item e1. Second. Got a motion a second is there any
Discussion?

958
01:41:20,210 --> 01:41:22,170
seeing none. All in favor say aye. Aye. Any opposed and e1 is approved.

959
01:41:25,650 --> 01:41:27,250
let's move to item e2. Item e2 is a resolution approving cooperative
Purchasing contracts for various computer

960
01:41:31,450 --> 01:41:31,450
software, peripherals and related equipment
In the amount of $1,432,816.

961
01:41:37,970 --> 01:41:41,770
good evening, mr. Foot. Good evening, mayor. Council again. This is tom again. Before I get to come in
And tell you where all the money is going.

962
01:41:45,890 --> 01:41:47,850
your items always have big numbers in them. I'm getting up to you know,
Some of the other departments,

963
01:41:52,610 --> 01:41:55,290
but I do have some, a couple of them. So, again, to remind council that we are
Affiliated with the following purchasing

964
01:41:59,890 --> 01:41:59,890
cooperatives and government entities. We do
Compare these contracts if there are multiple

965
01:42:05,610 --> 01:42:05,610
contracts available and also do reach out to
The vendors manufacturers directly to see if

966
01:42:10,290 --> 01:42:14,120
there is better pricing. You'll see the breakdown of our corporate
Purchases.

967
01:42:17,680 --> 01:42:21,080
this is a little bit different from last
Year, and that's a great example of how we compare those contracts.

968
01:42:23,280 --> 01:42:23,280
so our decrease from 64% to 52% and by board
Increased from 21% to 36%.

969
01:42:36,320 --> 01:42:38,920
software maintenance again made up the most
Of our purchases. That was 82% or $1,180,000.

970
01:42:44,920 --> 01:42:44,920
and as I mentioned in my annual report we
Continue to see price increases from vendors.

971
01:42:51,440 --> 01:42:51,440
and you can see we saw a 29,
23.9% increase in our costs are $228,000.

972
01:42:57,640 --> 01:42:57,640
this increase, I also want to point out,
Also includes multi-year contracts that are

973
01:43:03,040 --> 01:43:05,200
coming due in fiscal 26. So it's not all price increases,
But we do have some prices.

974
01:43:07,920 --> 01:43:10,080
in the next slide we'll show those price
Increases. Just. So I wish I'd bought stock in broadcom
Who purchased vmware vsphere because

975
01:43:18,030 --> 01:43:21,070
obviously I would have made some great,
Great returns on that money. But that was the result of why vm went up
That much 310%.

976
01:43:25,990 --> 01:43:29,590
they were purchased by another company and
Immediately they went up on their price increase. So we are seeing that was by far
Our largest.

977
01:43:33,350 --> 01:43:33,350
we're hoping that we will not see another
Price increase from them.

978
01:43:37,710 --> 01:43:39,990
we are looking at other solutions for that. So our vmware is how we are able to run
Multiple servers on one physical server.

979
01:43:47,190 --> 01:43:49,350
we also have our multi year contracts. Again
No. Before that everyone loves and our four day
Care is our fortigate for our firewalls.

980
01:43:58,950 --> 01:43:58,950
again it is the largest 887,000.

981
01:44:03,230 --> 01:44:03,230
again, I want to remind council that it is an
Internal service department and we are

982
01:44:07,670 --> 01:44:11,310
utilized to distribute those charges out to
The multiple departments. If you see what police department,
If there is something that is specifically

983
01:44:15,030 --> 01:44:18,150
software that is related to a single
Department, then those charges are charged directly to
Them and not to it.

984
01:44:23,750 --> 01:44:27,190
and I'm happy to take any questions. Any questions for mr. Foote.

985
01:44:29,910 --> 01:44:29,910
as we anticipated through the budget process,
We see our it costs going up this year for

986
01:44:34,750 --> 01:44:35,990
software and other items. So with that then do I have a motion with
Respect to item e two motion to approve item

987
01:44:43,030 --> 01:44:46,510
e two I'll second. Got a motion a second. Is there any discussion? All in favor say
Aye.

988
01:44:49,750 --> 01:44:51,910
aye. Any opposed? Any. Two passes. Thank you sir.

989
01:44:53,830 --> 01:44:56,750
we'll move on to item three. Item e three is a resolution approving
Contracts with lawn star yard care and bio

990
01:45:00,990 --> 01:45:00,990
landscape and maintenance incorporated dba
Yellowstone landscaping for the mowing of

991
01:45:05,310 --> 01:45:05,310
city owned properties in the cumulative
Amount of $500,714.82.

992
01:45:10,540 --> 01:45:13,340
good evening, miss uecker. Good evening. So we're here to look at some of our mowing
Contracts.

993
01:45:17,220 --> 01:45:17,220
for all of all of city,
Including public works parks and and

994
01:45:22,540 --> 01:45:22,540
environmental. We're going to talk about our
Biggest two here.

995
01:45:26,980 --> 01:45:30,780
the request for proposal went out the
Beginning of august. We had a mandatory pre-bid on the 21st of
August.

996
01:45:34,660 --> 01:45:34,660
bid opening was on the 27th,
And then we did our scoring on the 29th.

997
01:45:38,900 --> 01:45:38,900
we had representatives from those departments
That were involved in these contracts.

998
01:45:45,540 --> 01:45:45,540
one thing we did this year was we moved these
To align with the city's fiscal year.

999
01:45:52,100 --> 01:45:56,060
so we we had to kind of do a little juggling
To make that happen. But going forward, it's going to make things
A lot easier.

1000
01:45:59,380 --> 01:45:59,380
each of these mowing contracts is good for
One year with four additional one year

1001
01:46:04,780 --> 01:46:04,780
renewals. The first one is for city
Facilities and our public works properties.

1002
01:46:12,210 --> 01:46:12,210
these come out of both the fire department
And public works budgets.

1003
01:46:17,850 --> 01:46:17,850
you can see their covers,
Fire stations it also covers public works,

1004
01:46:22,930 --> 01:46:26,410
wastewater treatment plant,
Public works facility. And then out of the the public works budget
Related to the water plant,

1005
01:46:31,610 --> 01:46:34,450
we have water towers,
Lift stations. You get the idea. There is a quite a bit of
City property that needs to be maintained.

1006
01:46:40,450 --> 01:46:40,450
and we work to make sure all of these are
Well maintained.

1007
01:46:46,530 --> 01:46:46,530
this was awarded to lone star yard care in
The amount of $112,838.

1008
01:46:55,090 --> 01:46:55,090
and then our next one is this one is for a
Lot of our outfalls drainage areas.

1009
01:47:01,290 --> 01:47:01,290
so it's it's big areas needing a lot of heavy
Equipment.

1010
01:47:05,810 --> 01:47:05,810
this one was awarded to yellowstone
Landscape.

1011
01:47:10,770 --> 01:47:13,170
and this comes out of the public works
Budget. Both street and water for ditches,
Outfalls.

1012
01:47:17,410 --> 01:47:17,410
right of ways off channel reservoirs.

1013
01:47:23,490 --> 01:47:23,490
and you can see here this map actually shows
Those areas from from all those drainage

1014
01:47:30,410 --> 01:47:30,410
ditches and outfalls,
Anything that goes into those.

1015
01:47:34,450 --> 01:47:34,450
and we wanted to point out here that all of
These areas are part of the city's ms4

1016
01:47:39,530 --> 01:47:39,530
infrastructure. Ms4 just means municipal with
Four s words after it,

1017
01:47:47,690 --> 01:47:47,690
which is which is separate storm sewer system
And per our stormwater permit,

1018
01:47:57,050 --> 01:48:00,410
these areas qualify for maintenance under
This permit. And we've got some of the major ones labeled
There the west outfall jim branch outfall.

1019
01:48:05,400 --> 01:48:08,520
some of these, the lone tree creek that
You're familiar with. The north outfall. Large expansive areas.

1020
01:48:13,000 --> 01:48:16,480
so therefore, you know,
If the stormwater fee is enacted, these areas would fall under that funding and
Be removed from these contracts.

1021
01:48:23,400 --> 01:48:25,840
mr. Yeager, how many,
How many cuttings do they do on those outfalls? It depends on which ones.

1022
01:48:29,600 --> 01:48:29,600
a lot of these don't need as much as some of
The other properties.

1023
01:48:34,240 --> 01:48:34,240
so you'll see, you know,
They may be mowed twice a year just because

1024
01:48:38,600 --> 01:48:40,280
of number one where they're located. And if it impedes any drainage.

1025
01:48:42,760 --> 01:48:42,760
also, you know, if it's a,
A place people see a lot.

1026
01:48:47,560 --> 01:48:47,560
we try to include those and take into
Consideration budget constraints.

1027
01:48:52,080 --> 01:48:53,240
we'll take care of those. The ones on the previous contract are ones
That are more facilities.

1028
01:48:57,960 --> 01:48:57,960
and so they're mowed more frequently,
Maybe every two weeks we'd eating that sort

1029
01:49:02,310 --> 01:49:02,310
of thing. Thank you. And that is that is it?

1030
01:49:09,150 --> 01:49:10,670
christy, can you go back? I think it's two slides back.

1031
01:49:13,430 --> 01:49:17,110
so this item was originally on consent,
But at our most recent council meeting. I know councilmember delagarza had some
Questions about, you know, the west outfall

1032
01:49:20,590 --> 01:49:20,590
and maintenance and things of that sort. And
So we wanted to be a little more intentional

1033
01:49:26,270 --> 01:49:30,110
with, with reminding you on,
You know, who's responsible for the maintenance of those outfalls from,
From a, I guess,

1034
01:49:33,750 --> 01:49:37,710
landscaping perspective. We outsource a lot of those jobs,
Right? And so if there's an outfall as an example
That we're paying to be mowed twice a year,

1035
01:49:42,710 --> 01:49:46,350
but it happens to be,
You know, a rainy season that, you know, warrants there to be a third time
Maybe,

1036
01:49:48,630 --> 01:49:48,630
or a fourth time. Sometimes those things have
To be done on an ad hoc basis.

1037
01:49:53,950 --> 01:49:53,950
where we end up calling that same contractor
And saying, like, hey, we need an extra mow.

1038
01:49:58,270 --> 01:50:00,670
you know, when can you get out there? Or sometimes, if it's in a highly visible
Area,

1039
01:50:02,750 --> 01:50:04,990
as christy mentioned,
We might be able to send, you know, parks crew to go handle it,
But it's just not part of their normal scope.

1040
01:50:09,310 --> 01:50:09,310
right. And so I think it's just important for
Us to just be aware of,

1041
01:50:13,750 --> 01:50:17,350
you know, those details. Because sometimes those details prevent us
From being able to maybe be as proactive as

1042
01:50:21,550 --> 01:50:24,110
maybe we'd all want to be,
Because I think we all have high expectations, and we would all want these
Outfalls to look in pristine condition all

1043
01:50:28,230 --> 01:50:28,230
the time. But just unfortunately,
We just don't have the money to pay for as

1044
01:50:32,310 --> 01:50:32,310
many mowings or the staff to keep up with as
Many mowings as probably what they ideally

1045
01:50:37,190 --> 01:50:37,190
would require in order to stay in top shape
All the time.

1046
01:50:43,990 --> 01:50:47,990
and we definitely try and keep those areas
That we get, you know, people notice complaints about,
We try and get them a little more than

1047
01:50:51,750 --> 01:50:51,750
others. Of course, that's something that's
Laid out in the contract because I,

1048
01:50:56,230 --> 01:50:56,230
I see where doctor young was going with it.
If it's if it's some place that's like twice

1049
01:51:00,980 --> 01:51:04,700
a year, is there an expectation of,
You know, narrowing down when that twice a year might
Be or if it's biweekly what,

1050
01:51:10,900 --> 01:51:12,300
what you can anticipate. So as somebody driving by and you one of us
Gets a call and it says,

1051
01:51:16,940 --> 01:51:19,580
oh, this is really overgrown. Is there an expectation to keep within those
Contracts?

1052
01:51:22,620 --> 01:51:25,660
and within our discussions with the
Contractor, we have a regular schedule we really try and
Keep to.

1053
01:51:27,900 --> 01:51:31,900
when we get those calls,
We will refer back to that schedule and we will look back and report back to people that
Went actually is scheduled to be mowed here

1054
01:51:36,980 --> 01:51:36,980
next month. You know,
Some of these, it is very detailed because it

1055
01:51:41,220 --> 01:51:44,740
also helps the contractor plan for other
Business that they have. So it is something that's very specific on when the mowings take
Place.

1056
01:51:47,780 --> 01:51:47,780
so adding something or oh,
This area really needs to get done.

1057
01:51:51,900 --> 01:51:53,780
you know once in a while we are able to set. Now some of these are massive and we honestly
Don't have the equipment for some of these.

1058
01:51:58,930 --> 01:52:01,210
but other areas, if we have to send a crew
Out, sometimes we will try and aim to do that.

1059
01:52:03,530 --> 01:52:06,050
most of the time, though,
We let people know we have a schedule and a budget we keep to. Can you clarify the item?

1060
01:52:12,650 --> 01:52:12,650
I don't quite understand is that three
Different companies lone star yard care and

1061
01:52:17,250 --> 01:52:17,250
then a second company bio landscape,
And then third company maintenance.

1062
01:52:22,330 --> 01:52:26,050
and they're all doing business as
Yellowstone. Right? I'm sorry. That's two companies.

1063
01:52:28,890 --> 01:52:28,890
that is the lone star yard care is one
Company,

1064
01:52:33,410 --> 01:52:33,410
bio landscape and maintenance,
Doing business as yellowstone landscaping is

1065
01:52:38,450 --> 01:52:41,090
the second company. Okay. Yeah. Yeah. I apologize if I wasn't clear.

1066
01:52:43,850 --> 01:52:43,850
this is one contract here for city facilities
And public works properties,

1067
01:52:48,730 --> 01:52:51,330
and that one is lone star yard care. It's a whole different contract,
But these are all. We just put all these

1068
01:52:54,770 --> 01:52:56,450
together in our mowing contracts. And then this one is actually yellowstone
Landscape.

1069
01:53:01,010 --> 01:53:04,690
but I do think but I do think there's a third
One, isn't there? Yes. We have several other
Mowing contracts that we do.

1070
01:53:09,850 --> 01:53:09,850
you might you may remember from years past,
We had maybe 4 or 5 mowing contracts that

1071
01:53:14,930 --> 01:53:16,810
came to council for approval. However several of those fell back under the
$100,000 mark that was approved previously by

1072
01:53:23,370 --> 01:53:26,130
council to not have to go to offer approval. So those were simply passed the city manager
For him to execute.

1073
01:53:29,050 --> 01:53:32,810
right. So that's why it seems like there's
Less than there was previously. Right. So in your packets you might have some references
To those other contracts,

1074
01:53:36,970 --> 01:53:36,970
there's some smaller ones as well with parks
And with environmental.

1075
01:53:41,610 --> 01:53:44,450
and if the jobs have already been divided up, who's going to do what task?

1076
01:53:46,930 --> 01:53:49,130
why was it put under one item? Just item three. Why not two separate items?

1077
01:53:52,490 --> 01:53:52,490
it's historically how we've always done our
Mowing contracts. We put them on one on one

1078
01:53:56,520 --> 01:53:58,680
item, one agenda item. And then if you look at the resolution,
It has each one of them separately listed

1079
01:54:02,080 --> 01:54:02,080
out. We can certainly look at splitting them
Out in the future if you'd like us to.

1080
01:54:07,720 --> 01:54:09,360
I just needed an explanation. That's it. Yeah. Okay.

1081
01:54:12,560 --> 01:54:15,560
all right. Any other questions? All right. If not, thank you.

1082
01:54:16,960 --> 01:54:16,960
miss hager. And I will accept a motion with
Respect to item e three.

1083
01:54:23,240 --> 01:54:27,080
motion to approve. Second. We've got a motion and a second. Any discussion? All in favor,
Say aye.

1084
01:54:30,200 --> 01:54:30,200
aye. Any opposed? And e three passes.

1085
01:54:34,480 --> 01:54:34,480
so we're going to combine since we're non
Traditional on our agenda today anyway we're

1086
01:54:41,000 --> 01:54:41,000
going to combine item f one which is a city
Manager's report.

1087
01:54:45,560 --> 01:54:45,560
and item e four into one presentation from
Miss uecker.

1088
01:54:50,440 --> 01:54:53,790
so miss holbrook, if you would please call
Both of those items together. Okay, so item f one is a landfill and compost
Facility.

1089
01:54:57,470 --> 01:54:57,470
rate increase update. And item e four is a
Resolution approving the fourth amendment to

1090
01:55:03,070 --> 01:55:06,790
the containerized commercial solid waste
Contract with waste management of texas incorporated. Okay, so these are all related
To our yearly rate increases.

1091
01:55:15,270 --> 01:55:15,270
and to remind you we have these are three of
Our contracts and all of our contracts.

1092
01:55:21,110 --> 01:55:21,110
so we're going to look at all of these. The
First one waste management is the one that

1093
01:55:25,230 --> 01:55:25,230
does our commercial waste pickup.

1094
01:55:29,350 --> 01:55:29,350
so that's our containerized commercial
Contract for all of our businesses and our

1095
01:55:34,070 --> 01:55:37,070
roll-off containers. And then republic
Services, as you know, currently manages our landfill,
And then gardnerville manages our compost

1096
01:55:42,710 --> 01:55:42,710
facility. So we'll look at the waste
Management rate increase.

1097
01:55:47,870 --> 01:55:47,870
and this is the one that does require city
Council approval.

1098
01:55:52,070 --> 01:55:55,750
this is a this is a ten year contract. And this one is per the contract.

1099
01:56:01,310 --> 01:56:01,310
the rate increase is well,
This is the fourth amendment and it is based

1100
01:56:06,470 --> 01:56:10,310
on the cpi out of houston,
Woodlands, sugarland, and the way it's composed here on the left,
You'll see that 60% of this is for

1101
01:56:16,230 --> 01:56:18,070
maintenance and operations. Once again based on that cpi and then the 40%
Disposal that is a pass through for republic

1102
01:56:24,390 --> 01:56:26,790
services. And I'll get to that in a minute. That they pay as they take obviously they
Take the waste to the landfill so they pass

1103
01:56:31,190 --> 01:56:31,190
that through. So that is also a part of this
As well.

1104
01:56:35,550 --> 01:56:35,550
so that comes to a total of 0.5855% total
Increase.

1105
01:56:40,910 --> 01:56:43,150
and and their rates this year. And you can see there as an example of what a
Six cubic yard picked up once a week would

1106
01:56:47,870 --> 01:56:51,740
look like. Current rate is one 5428. The proposed rate would be one 5518.

1107
01:56:54,980 --> 01:56:58,940
and that's an increase of $0.90 a month. And you've got examples.

1108
01:57:01,580 --> 01:57:01,580
and in charts of all the other services they
Provide as well.

1109
01:57:06,820 --> 01:57:10,340
and then the next one is for republic
Services. This one is our contract with them actually
Is up in 2027.

1110
01:57:16,860 --> 01:57:16,860
and you may recall we are in process of
Procurement on that landfill contract.

1111
01:57:22,220 --> 01:57:22,220
as we speak. This contract allows for maximum
Increase of 8% in a two year period.

1112
01:57:30,180 --> 01:57:30,180
as you know, landfill operations can vary
Depending on weather,

1113
01:57:35,140 --> 01:57:35,140
on conditions, on all sorts of things,
Whether we have a freeze.

1114
01:57:41,100 --> 01:57:41,100
so this protects the city and protects
Everyone in this contract.

1115
01:57:45,260 --> 01:57:46,780
so what we'll see here. This is also they can do an 8% over two
Years.

1116
01:57:52,460 --> 01:57:52,460
so this comes to a 1.43% decrease for city
Waste because cpi is considered there to that

1117
01:57:59,380 --> 01:58:03,260
same one out of houston,
Woodlands, sugarland and then a 4% increase for third party. And on our gardnerville this
One,

1118
01:58:09,900 --> 01:58:11,940
we are in year six of a ten year contract. There will be no rate change on this also
Based on that same cpi.

1119
01:58:16,780 --> 01:58:20,140
so the rates there will remain the same at
52, 89 a ton to bring into the compost facility.

1120
01:58:24,740 --> 01:58:27,140
and that is all I have on that. Any questions. Any questions for miss euchre.

1121
01:58:32,020 --> 01:58:32,020
so I believe the only one of those that we
Have as part of item four is the waste

1122
01:58:37,780 --> 01:58:39,660
management contract. Correct? Correct. And that's built into that contract,

1123
01:58:42,140 --> 01:58:45,770
that cpi adjustment we're basically just
Amazing. Yeah. Well, we. If you want to approve it,
We approve it.

1124
01:58:48,610 --> 01:58:48,610
got it. Okay. Any motions on item e for
Approve?

1125
01:58:54,410 --> 01:58:56,770
item e for second. All right. I've got a motion a second. Any discussion?

1126
01:58:59,570 --> 01:59:01,290
seeing none. All in favor,
Say aye. Aye. Any opposed? Any for passes.

1127
01:59:04,650 --> 01:59:05,850
thank you, miss euchre. Thank you. We will move on then to our final
Item,

1128
01:59:10,730 --> 01:59:10,730
which is item e five. E five is a resolution
Nominating a candidate or candidates to serve

1129
01:59:16,530 --> 01:59:16,530
on the victoria central appraisal district
Board of directors.

1130
01:59:21,050 --> 01:59:23,930
good evening, mayor and council. The
Resolution before you tonight will nominate an individual or individuals to the victoria
Central appraisal district board of

1131
01:59:27,730 --> 01:59:27,730
directors. So the role in the property tax
System for the for this particular board is

1132
01:59:33,650 --> 01:59:35,690
they actually hire the chief appraiser. They set the budget and they appoint the
Appraisal review board.

1133
01:59:39,410 --> 01:59:43,170
just a reminder, they have no authority to
Set values or the appraisal methods. The chief appraiser does carry out the
Appraisal district's legal duties and hire

1134
01:59:47,200 --> 01:59:47,200
staff, makes appraisals,
And operates the appraisal office.

1135
01:59:52,120 --> 01:59:54,960
so the election process,
Just as a reminder, begins before october 1st.

1136
01:59:57,120 --> 01:59:57,120
we the mayor and city manager receive letters
From the chief appraiser delivering the

1137
02:00:02,880 --> 02:00:06,480
voting entitlement, which was included in the
Packet the copy of the letter, as well as the voting entitlement and the
Taxing entity before october 15th,

1138
02:00:12,120 --> 02:00:12,120
has to nominate one candidate for each
Position to be filled or one or more for each

1139
02:00:18,720 --> 02:00:20,240
of the positions to be filled. So and the ballot is prepared and distributed
By october 30th.

1140
02:00:26,600 --> 02:00:29,600
so we'll send everything in,
She'll make the ballot. And then again, the mayor and city manager will get letters that
Include the ballot.

1141
02:00:32,880 --> 02:00:32,880
and then we are required the city manager
City council is required by december 15th to

1142
02:00:37,960 --> 02:00:37,960
count a vote. Our cast votes by resolution,
And then I return it to the chief appraiser,

1143
02:00:43,640 --> 02:00:43,640
and the two candidates with the most votes
Are declared elected,

1144
02:00:48,360 --> 02:00:52,240
and the voting entities are notified by
December 31st. So the nomination part is a little different
Than in years past.

1145
02:00:58,360 --> 02:00:58,360
we all of the board members in the years past
Were elected at the same time,

1146
02:01:02,760 --> 02:01:06,400
are nominated and then elected at the same
Time. And that is not how it is due to some law changes. So over the last couple of
Years,

1147
02:01:10,040 --> 02:01:10,040
things have been changing,
But they now have just two of them because

1148
02:01:15,280 --> 02:01:17,800
they have staggered, staggered expiration
Dates. And so just two of them are up at this time.

1149
02:01:20,240 --> 02:01:20,240
so each taxing unit may nominate one
Candidate for each of the two positions to be

1150
02:01:24,880 --> 02:01:24,880
filled. I did speak with councilwoman scott,
And she has expressed interest in being

1151
02:01:30,320 --> 02:01:30,320
reappointed. She currently serves as the
Chair of that particular board.

1152
02:01:35,040 --> 02:01:35,040
and the the new term of these two positions,
Instead of being like a 1 or 2 year term is

1153
02:01:40,830 --> 02:01:44,630
now going to be a four year term. And that's
Due to a law change. So it won't expire until december 31st of 2029.

1154
02:01:48,470 --> 02:01:48,470
so this slide lists out the voting
Entitlement for each entity.

1155
02:01:52,830 --> 02:01:52,830
so as you can see, we're about third on that
List of voting with 987 votes,

1156
02:01:58,190 --> 02:01:58,190
with isd carrying the most in victoria county
Having just a little more than we do.

1157
02:02:06,470 --> 02:02:09,710
the the casting of the votes. I'm going to go over this just a little bit.

1158
02:02:12,030 --> 02:02:13,430
we're not doing this at this time. We're just doing the nomination portion of
It. But just to kind of as a reminder,

1159
02:02:16,950 --> 02:02:16,950
the governing body may cast all of its votes
For one person or distribute the votes among

1160
02:02:21,070 --> 02:02:24,870
the candidates. Historically,
The city of victoria had cast all its votes for one city council member to be nominated
On this board.

1161
02:02:28,350 --> 02:02:28,350
but in 2023 council chose to start casting
One vote for each nominee to maintain the

1162
02:02:33,830 --> 02:02:37,030
ability to initiate removal of a board member
If needed. But that'll come in november or maybe even
Early december,

1163
02:02:40,740 --> 02:02:44,020
depending on when we get it on the council
Agenda. That's where you'll actually cast the vote.
So at this point, we're just asking for 1 or

1164
02:02:48,410 --> 02:02:50,940
2 nominees for this board. And we'll move forward from there.

1165
02:02:55,180 --> 02:02:55,180
so do we nominate, do we nominate an
Individual?

1166
02:03:01,260 --> 02:03:01,260
can you nominate the same individual for each
Of those positions because they're going to

1167
02:03:05,780 --> 02:03:09,220
be separate votes. Or are they looking for
Two separate individuals. The two candidates with the most votes are
Going to get automatically put on that board.

1168
02:03:12,900 --> 02:03:16,140
so I would think you would want to stick with
With just nominating one, either one person or one for each spot.

1169
02:03:18,700 --> 02:03:21,340
this is what I'm getting at okay. All right. So obviously miss scott,
I believe serves as the chair on that board

1170
02:03:25,740 --> 02:03:29,020
presently. And she would be the logical
Choice. So and if she says she would like to be
Reappointed,

1171
02:03:32,620 --> 02:03:34,940
then that makes sense. So,
Does anybody have questions for miss holbrook? I'd like to nominate miss scott
Even though she's not here,

1172
02:03:38,540 --> 02:03:40,940
but I appreciate her willingness to serve. I'd like to second it. All right.

1173
02:03:43,180 --> 02:03:47,060
that's what happens. You don't show up,
Right? Right. You get nominated for things. We can nominate mark for the other one. I
Guess that would just be wrong.

1174
02:03:51,700 --> 02:03:55,340
all right. I've got a motion and a second to
Nominate miss scott. Is there any discussion on that?

1175
02:03:57,100 --> 02:03:59,420
okay. All in favor, say aye. Aye. Any opposed? And miss scott has the
Nomination of council.

1176
02:04:03,900 --> 02:04:03,900
very good. All right. I believe that
Completes our agenda for the evening.

1177
02:04:08,260 --> 02:04:12,020
I understand we will have a short executive
Session. So it is 705. Let's take a ten minute break
And then we will reconvene into executive

1178
02:04:17,700 --> 02:04:17,700
session. The city council recess for
Executive session on the eighth day of

1179
02:04:22,140 --> 02:04:24,980
october, 2025 at 7:05 p.m.. The deliberation is as follows.

1180
02:04:27,700 --> 02:04:30,740
the exemptions are texas government code
551.08755, 1.072, and 551.071.