Did Council Member Charlie San Miguel violate the Laredo City Charter when his two sons were hired by the City of Laredo as Fire Fighters?
Nepotism is the hiring of family or relatives. In general, Texas anti-nepotism laws prohibit a governmental entity from hiring certain close relatives of a public official who is the final hiring authority or is a member of the governing body that has final hiring authority. The nepotism laws are contained in chapter 573 of the Texas Government Code.
In addition to the Texas anti-nepotism laws, a city may adopt more restrictive local anti-nepotism prohibitions in its home-rule charter, city ordinances, ethics ordinances or personnel policies that would prevent hiring a close relative.
Laredo is a home rule city, which means that the city has a City Charter. A city charter is effectively the constitution of the city.
Section 12.04 of the Laredo City Charter is titled "Nepotism" in pertinent part reads
"No person related within the second degree by affinity or within the third degree by consanguinity to the Mayor, any Council Member, any elected City official, City Manager, or any member of any City board or commission shall be appointed to any office, position, clerkship, or other position with the City...." (unless the person meets the prior employment exception.)
This anti-nepotism policy in our city charter is more restrictive that the state's anti-nepotism policy because it prohibits the hiring of family or relatives without regard to who the hiring authority may be.
Moreover, Laredo's more restrictive anti-nepotism provisions also apply to a Municipal Civil Service for Firefighters and Police Officers adopted under Chapter 143 of the Local Government Code. The Texas Supreme Court has held that a municipality can further legislate in areas of Civil Service Law which are not already comprehensively covered by the Act. Without further restriction to the chapter 143 qualification, cities and municipalities could not disqualify applicants who may have been convicted of numerous misdemeanors, who had unsatisfactory employment records, a history of mental illness, or a background of moral or fiscal irresponsibility which would make them unfit to serve in either the fire or police departments. Chapter 143 will not limit a home rule city's authority to impose additional entrance requirements on police and fire fighter applicants unless the legislative intent to do so is clear. There are number of cases that have upheld city ordinances in the face of Chapter 143 challenges. In Collier v. Firemen's and Policemen's Civil Service Commission of Wichita Falls, the court held that the Commission could adopt, and Chapter 143 did not preclude use of, anti- nepotism rule for hiring into the city's fire department. Furthermore, the Texas Attorney General has ruled that “[t]he governing body of a home-rule city may not, by ordinance, override a provision of the city charter...." (Tex. Att’y Gen. Op. No. O-5274 (1943) at 9.) Since the City of Laredo charter has always prohibited the hiring of a council member's children, this authority could not have been given by the City to anyone else without amending the city charter which would have required a vote from the citizens. Charlie San Miguel argues that fire fighters and police officers are exempt from the anti-nepotism section of the Laredo city charter because the city has a civil service commission. We don't believe that anyone is above the City Charter. This anti-nepotism section applies to everyone!
An official who violates the nepotism laws commits official misconduct and a misdemeanor punishable by a fine of not less than $100 or more than $1000. An official must be removed immediately from office if he or she is convicted of violating the nepotism laws and the conviction becomes final. State law provides “the removal from the position shall be made immediately and summarily by the original appointing authority” when a criminal conviction becomes final. If the official is not removed within 30 days after the conviction becomes final, a proceeding by the local prosecutor may be brought to remove the official.
We believe that Raul Casso, the City Attorney, will cover for San Miguel. Raul Casso's brother, Guillermo "Memo" Casso, is the owner of Rapidos Transfer. He is working with Garros and he is making money from each use of the city's refrigerated inspection facilities awarded to Garros, a company owned by Raquel San Miguel (Charlie San Miguel;'s sister), Eduardo Garza (owner of Uni-Trade) and Salvador Rosas.
We demand that the City of Laredo request an independent opinion from the Texas Attorney General on whether the City's nepotism prohibition in the City Charter applies to fire fighters and police officers. And if so, we ask for a formal and thorough investigation of official misconduct regarding the City's hiring of Council Member San Miguel's twin sons by the Laredo Fire Department. We have also been informed that Charlie San Miguel's daughter applied to work for the Laredo Police Department but she was not hired. We know that our City Attorney has his own interests and we need an independent neutral third party.
UPDATE: on October 1, 2012, Gerry Garcia filed a lawsuit in state court against the City of Laredo and Charlie San Miguel (cause number 2012CVT001448D2). See Plaintiff's original petition for declaratory judgement by clicking on the link below.
In addition to the Texas anti-nepotism laws, a city may adopt more restrictive local anti-nepotism prohibitions in its home-rule charter, city ordinances, ethics ordinances or personnel policies that would prevent hiring a close relative.
Laredo is a home rule city, which means that the city has a City Charter. A city charter is effectively the constitution of the city.
Section 12.04 of the Laredo City Charter is titled "Nepotism" in pertinent part reads
"No person related within the second degree by affinity or within the third degree by consanguinity to the Mayor, any Council Member, any elected City official, City Manager, or any member of any City board or commission shall be appointed to any office, position, clerkship, or other position with the City...." (unless the person meets the prior employment exception.)
This anti-nepotism policy in our city charter is more restrictive that the state's anti-nepotism policy because it prohibits the hiring of family or relatives without regard to who the hiring authority may be.
Moreover, Laredo's more restrictive anti-nepotism provisions also apply to a Municipal Civil Service for Firefighters and Police Officers adopted under Chapter 143 of the Local Government Code. The Texas Supreme Court has held that a municipality can further legislate in areas of Civil Service Law which are not already comprehensively covered by the Act. Without further restriction to the chapter 143 qualification, cities and municipalities could not disqualify applicants who may have been convicted of numerous misdemeanors, who had unsatisfactory employment records, a history of mental illness, or a background of moral or fiscal irresponsibility which would make them unfit to serve in either the fire or police departments. Chapter 143 will not limit a home rule city's authority to impose additional entrance requirements on police and fire fighter applicants unless the legislative intent to do so is clear. There are number of cases that have upheld city ordinances in the face of Chapter 143 challenges. In Collier v. Firemen's and Policemen's Civil Service Commission of Wichita Falls, the court held that the Commission could adopt, and Chapter 143 did not preclude use of, anti- nepotism rule for hiring into the city's fire department. Furthermore, the Texas Attorney General has ruled that “[t]he governing body of a home-rule city may not, by ordinance, override a provision of the city charter...." (Tex. Att’y Gen. Op. No. O-5274 (1943) at 9.) Since the City of Laredo charter has always prohibited the hiring of a council member's children, this authority could not have been given by the City to anyone else without amending the city charter which would have required a vote from the citizens. Charlie San Miguel argues that fire fighters and police officers are exempt from the anti-nepotism section of the Laredo city charter because the city has a civil service commission. We don't believe that anyone is above the City Charter. This anti-nepotism section applies to everyone!
An official who violates the nepotism laws commits official misconduct and a misdemeanor punishable by a fine of not less than $100 or more than $1000. An official must be removed immediately from office if he or she is convicted of violating the nepotism laws and the conviction becomes final. State law provides “the removal from the position shall be made immediately and summarily by the original appointing authority” when a criminal conviction becomes final. If the official is not removed within 30 days after the conviction becomes final, a proceeding by the local prosecutor may be brought to remove the official.
We believe that Raul Casso, the City Attorney, will cover for San Miguel. Raul Casso's brother, Guillermo "Memo" Casso, is the owner of Rapidos Transfer. He is working with Garros and he is making money from each use of the city's refrigerated inspection facilities awarded to Garros, a company owned by Raquel San Miguel (Charlie San Miguel;'s sister), Eduardo Garza (owner of Uni-Trade) and Salvador Rosas.
We demand that the City of Laredo request an independent opinion from the Texas Attorney General on whether the City's nepotism prohibition in the City Charter applies to fire fighters and police officers. And if so, we ask for a formal and thorough investigation of official misconduct regarding the City's hiring of Council Member San Miguel's twin sons by the Laredo Fire Department. We have also been informed that Charlie San Miguel's daughter applied to work for the Laredo Police Department but she was not hired. We know that our City Attorney has his own interests and we need an independent neutral third party.
UPDATE: on October 1, 2012, Gerry Garcia filed a lawsuit in state court against the City of Laredo and Charlie San Miguel (cause number 2012CVT001448D2). See Plaintiff's original petition for declaratory judgement by clicking on the link below.
gerry_garcia_v_city_of_laredo__charlie_sanmiguel_-_2012cvt001448d2.pdf | |
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