S.A. activists turn in signatures to rein in power of police union
Charter proposal may go on ballot in May if OK’D
A group of police reform activists Friday submitted about 20,000 signatures needed to get a City Charter amendment on the ballot that, if approved by voters, would repeal local implementation of a state law that gives police the right to collectively bargain.
But the group, Fix SAPD, did not submit the roughly 80,000 additional signatures necessary to get a second amendment on the ballot to repeal, on the local level, another state law that governs hiring, promotions, discipline and access to police records.
Still, group leaders said it was a victory.
“This is a first step for San Antonio,” said Ojiyoma Martin, cofounder of Fix SAPD. “For the first time in decades, San Antonio, you get a chance to vote on these laws. Your voice can be heard on this issue.”
The two laws were authorized by the Legislature but had to be approved by San Antonio voters to be made part of the City Charter.
Chapter 143 of the Texas Local Government Code, which was approved locally in1947, provides civil service protections for police officers and firefighters. It also governs police hiring, promotions and discipline.
Layered on top of that is Chapter 174, which was adopted in 1974. It gives police the right to collectively bargain and adopt local rules that supersede those established by Chapter 143.
Each law has a different threshold of signatures, established by state law, needed to put them on the ballot.
For Chapter 174, it’s 5 percent of voters who participated in the most recent November general election — or no more than 20,000 signatures. For Chapter 143, the minimum number is higher — 10 percent of all voters who were registered as of the most recent municipal election.
Critics of the laws say they explain why such a high percentage of San Antonio police officers fired for allegations of misconduct are able to win their jobs back later through arbitration, an appeal process. By various estimates, about two-thirds of firings are reversed by arbitrators independent of city government.
“No one wants bad cops on the force,” Martin said. “Bad officers are a threat to everyone, including good officers, and cannot be exempt from responsibility for their actions.”
But taking a hatchet to anything having to do with police is a tricky proposition in San Antonio, where police, firefighters and their unions have been overwhelmingly popular — and very good at turning out their supporters at the polls.
Earlier this week, Police Chief William Mcmanus and the incoming head of the police union appeared together, in a rare move, to put up a united front against Fix SAPD’S efforts.
Mcmanus said Fix SAPD has misrepresented his statements
about the collective bargaining process.
“I am not opposed to collective bargaining,” Mcmanus said. “I think that what we need to do can be done at the negotiating table.”
John “Danny” Diaz, the incoming president of the police union, said at the same time that Fix SAPD members have misrepresented themselves as police officers while gathering signatures. On Friday, union officials reiterated those claims.
“We believe that a great number of these signatures have been collected fraudulently and under false pretenses,” said Michael Helle, outgoing union president.
“We have received several credible reports from citizens, including reports that have been filed with SAPD, that (Fix SAPD) has been misrepresenting themselves as being from or with the San Antonio Police Department,” Helle added.
Leaders from Fix SAPD, which is registered in Texas as a nonprofit, have disputed those allegations. They said no one from their organization had identified themselves as police officers as they sought signatures at events or visits to residences.
“At no point have any of us petitioners said we’re with SAPD or SAPOA,” Ananda Tomas, deputy director of Fix SAPD, said earlier this week, referring to the Police Department and the San Antonio Police Officers Association.
To put both proposals in front of voters, the group began collecting signatures for the two amendments over the summer.
Martin said she had hoped to put both amendments on the May ballot. Unfortunately, she said, members only gathered the signatures needed for Chapter 174.
“Wedo not have the infrastructure of SAPOA,” Martin said. “We did not have their deep pockets. So we did our best.”
In the months to come, Fix SAPD will continue collecting signatures in an effort to get the second charter amendment on the November ballot.
In the meantime, the City Clerk has 20 business days to verify the submitted signatures or advise Fix SAPD of any deficiencies. At that point, the City Council votes, in a ministerial act, to place the item on the May ballot.
Martin said she was confident the amendment, once placed on the ballot, would be approved by voters.
“What legislators in this city and City Council members have been unable to do, we San Antonio voters have a chance to advance,” Martin said. “The first pillar is coming down come May 2021.”