Bryan Firefighters Association and city at odds over contract

KBTX News 3 at Ten

KBTX
By Donnie Tuggle
Published: Nov. 16, 2022 at 9:05 PM GMT-7

BRYAN, Texas (KBTX) - Negotiations on an agreement between the city of Bryan and the Bryan Firefighters Association have stalled out and have become public after a proposed agreement that expires at the end of the year never made it to Monday’s city council agenda.

The agreement is considered a “bill of rights” for firefighters and covers issues ranging from the hiring process, retention strategies, minimal staffing, and grievances, along with health and safety issues.

The firefighters association says the city has yet to come to the table to discuss the agreement which they say is disappointing.

“Fire protection has been denied growth for 15 years. We are running more calls with less resources. If you haven’t, please look at the last strategic plan and the current and compare for yourself where the support isn’t there,” said Bryan Firefighters Association President Daniel Buford. “We believe Kean Register and his staff do a great job providing for the city. However, it’s discouraging to have the lights turned off on public safety each day by dismissing their voice. It’s time to come to the table. It’s time to work together to improve public safety. It’s time to protect our first responders.”

In a statement from early November Bryan City Manager Kean Register said some of the things firefighters are asking for could put the safety of citizens at risk.

“I told the union president that I would present the union’s proposal at the next city council meeting, but he has decided to not wait for the city council to be informed,” said Register. This issue is not with our fire department or firefighters, but with the union. I doubt the public or majority of the firefighters know about the alarming agreement additions that have been proposed by the union president.”

In Register’s statement, he outlined concerns about policies he says would put firefighters and residents at risk. The most concerning for Register was a policy in the draft proposal that he says suggests firefighters could test positive for drugs and alcohol, including beyond the legal limit of .08 to drive a vehicle and still be considered testing negative.

“Article XXV would allow firefighters to be beyond legally intoxicated while on duty with an alcohol level up to 0.10 grams per 210 L of breath and 0.10 grams per 100 ml of blood, a level exceeding state law, while on duty. The legal limit in Texas is 0.08 before a person is legally intoxicated,” said Register. “Similarly, the union president proposed a testing limit of 300 ng/mL for marijuana, which is twice the level by approved testing facilities used by St. Joseph Health.”

“While several articles within the union’s proposed agreement are cause for great concern, this article puts the safety of citizens and firefighters at extreme risk,” Register said. " I cannot and will not put citizens in a position to be transported or treated by legally intoxicated firefighters.”

But Buford says the way Register has interpreted the proposal is inaccurate. He says the policy outlined does not negate responsibility from firefighters but rather protects first responders who may have challenges with substance abuse as a byproduct of their job conditions. He says firefighters place their lives on the line daily and face challenges not many other professions face and they have a chance at rehabilitation and due process without facing immediate termination.

“This policy does not allow anybody to be at work, to go to work, to be on any apparatus while they’re under the influence of any alcohol or any narcotics,’ said Buford. “It doesn’t eliminate them from disciplinary action. What it says is they hit a trigger mark and they will be sent to rehab to get help.”

Register said the city has a no-tolerance policy, but the city would help employees who addressed those issues before an incident.

Register outlined another deal breaker for the city is the request to have firefighters’ health insurance completely covered, something he says the city can’t justify when all other city employees pay for their own health insurance.

“This new addition {Article XV} would require the city to completely cover firefighters’ health insurance. The city cannot justify providing firefighters with free health insurance coverage when all other city employees pay for their own health insurance,” said Register.

Buford says providing 100% paid insurance is a way to help with the staffing and retention of firefighters. He says the department is not competitive with departments of similar size.

“Countless departments across Texas that are offering more money, more apparatus to respond that are keeping up with the growth of their community and now offering benefits like health care provided for their first responders,” said Buford.

Firefighters say they just want the city to come to the table and talk about the issues.

“We have yet to hear from our city manager’s office one time. We have not had any communications with that side of the table this entire year to talk about this contract that expires on December 31st,” said Buford.

If the city does not have an agreement with the Bryan Firefighters Association by the end of the year, Register says he’ll negotiate with the fire chief instead of a union representative.

“The union president, who does not live in Brazos County, has indicated that the City Council should raise taxes to fund the shocking requests that he has proposed for agreement amendments. 87% of the city’s general fund revenues from property and sales tax already go to fund public safety. Our firefighters are paid competitively and commensurate with other cities our size, and have some of the best benefits, equipment, and training in the state,” said Register. “The union president also told the entire union membership that he does not trust our Fire Chief or command staff. As City Manager, I trust our Fire Chief with over 40 years of experience fighting fires in both the military and the San Antonio Fire Department, one of the largest fire departments in the nation. The Fire Chief understands the needs of our fire department as well as the city and knows we all have to work together to provide top-notch services for our citizens.”