By MICHAEL RODRIGUEZ
Managing Editor
editor@sbnewspaper.com
Officials with the City of San Benito responded this week to criticisms made by Guadalupe Ayala, a veteran police officer and cancer survivor who fears his job may be in jeopardy should doctors not clear him for duty.
On Tuesday, the San Benito Civil Service Commission provided Ayala 30 days to prove he’s fit for duty by submitting to a medical evaluation. Ayala returned to light duty in November of last year following a bout with stage IV colon cancer.
After enduring excruciating chemotherapy treatment that discolored his hands and triggered substantial weight loss, Ayala is currently in remission with a good prognosis.
Still, city official have said that light duty is only available for those suffering from workman’s compensation-related injuries. Considering as much, and if not cleared, Ayala’s career as a police officer may come to an end with the only options available to him at the San Benito Police Department being at-will employment in dispatch or records.
But Ayala, a 20-year veteran of the department, prefers to remain a police officer and expressed doubt Tuesday in being cleared. He also expressed disappointment in his fellow law enforcement officers and claimed that he hadn’t received notification of Tuesday’s meeting.
“I didn’t receive any letter for the meeting,” Ayala said Tuesday. “When I went to the meeting, they (the commission) asked me if I brought a lawyer, and I said no. I told them I didn’t know of this until now. I just got the agenda this morning.”
Assistant City Manager Arturo Rodriguez said this was not the case and confirmed Friday that Ayala was informed of the meeting 72 hours in advance.
“They just gave me an agenda,” Ayala said in response. “There was supposed to be a letter attached and there wasn’t. I didn’t get it until I went to the meeting Tuesday.”
The letter in question was dated May 22 and signed by SBPD Operations Chief Martin Morales. In the letter, Morales requested that the Civil Service Commission review Ayala’s “fitness for duty” and ordered an examination.
Rodriguez said Wednesday that he could not respond to a reporter’s questions about Ayala because he had not attended the Civil Service Commission meeting. Citing HIPAA, the Health Insurance Portability and Accountability Act, Rodriguez added that he also could not comment on Ayala’s current employment status because it is in correlation with matters concerning his health.
Rodriguez did, however, provide the following statement on Thursday:
The citizens of San Benito have the entitlement of being recipients of the best public service provided by city employees. Citizens are taxpayers and must be afforded the entitlement due to them.
Municipal Civil Service has rules and regulations that must be followed and obeyed. The citizens of San Benito voted approval of the current Municipal Civil Service in place. When Civil Service employees are deemed not fit or unsuitable to perform the functions of the positions they hold, it prompts city leadership of Civil Service to review each employee in accordance to the strict existing Civil Service rules and regulations.
City leaders have an obligation to the citizens of San Benito, Texas and must follow the wishes of the citizens of San Benito, Texas who voted and authorized the city municipal Civil Service currently in place. The rules and regulations of Civil Service are provided to each Civil Service employee; a Civil Service manual is provided at the time of hire; each employee signs acknowledgement as a recipient of the Civil Service manual. A three-member Civil Service Commission is in place to review issues presented for review. A Civil Service director is employed by the City of San Benito, Texas. The Civil Service director assists the Civil Service employee and the Civil Service Commission regarding all Civil Service issues and rules and regulations in place.
To read this story in print, pick up a copy of the June 24 edition of the San Benito News, or subscribe to our E-Edition by clicking here.
12 comments
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Wow! Hard to believe that we have City of San Benito employeed venting on the citizens of the community.
The dumb voters of SB get what they deserve! El Patron rules the day!
SBTAXPAYER……………Just an FYI
A person does not need to have someone on the inside to have access to City of San Benito emails.
Emails, text messages, etc, are all part of the public domain if conducted on city property (i.e. city computers) and can be obtained through a PIA (Public Information Act) request or an FOI (Freedom of Information Act) request.
Every member of the City Commission, including the Mayor, are provided a $65 monthly ($780 annual) mobile phone allowance.
Therefore any city business (voice mail, text messages, etc) conducted by mobile phone become property of the City of San Benito and subject to subpoena.
Same rules apply to city business conducted via city issued email id’s.
Last, but not least, conducting personal business, such as writing newspaper comments on city time and computer resources is a definite No-NO.
SB Taxpayer, you are cowardly for hiding behind your pseudonym and should be ashamed of yourself for attacking someone who is not even a part of this story and has no connection here except that Mr. Rodriguez and you have unnecessarily disparaged her in an attempt to promote your own agendas and harass by publicly embarassing, slandering and annoying her.
If you go back to my original post, there is a direct quote attributed to Mr. Rodriguez in this story; that was the basis for my original comment.
You mention things being done the right way in SB; no more compadre hand shake, no people taking advantage. Ironic we should be at odds when you and I seemingly want the same result. I just believe that doing things the right way entails, among other things, not trampling people’s rights. The end does not justify the means.
Shame that you hide behind a fictitious name. In so doing you deny us an opportunity to meet and exchange views, perhaps work together for the betterment of the citizens of SB. And as far as taking cowardly pot-shots at my sister, please re-consider and cease.
What does this have anything to do with Mr. Ayala? Mark you sound like a sissy and if anybody should be afraid of anybody it should be us the citizens. How is it that you have seen these so called emails? Either you have access to the actual emails or to someone on the inside. It sounds like you have a hidden agenda. Are you unhappy being an errand boy for sis. Living in her office and not having any real contributions to our planet. You should be ashamed of yourself. Using this story as a platform to argue you personal beliefs. Get a clue. City governments all over the US have faced these same issues and now the city is just beginning to do things the right way. It might not taste good but that is just how it is supposed to be done. The right way, the wrong way, and the San Benito way is not going to be any more. Get over it. It has to be done the right way. No more people taking advantage of the San Benito way. Checks and balances. No more juggling and getting by with a compadre hand shake. Get over it. Your sis is a sore loser and you are no better.
As far as your educating me on proclamations, Mr. Rodriguez? As the second highest city administrator, anything you put forth to the general publc can and should be viewed as coming from the city. When you are interviewed by the media on behalf of the city, anything you say and do can and should be interrupted as coming from the city. In your salaried position with the responsibility over the police and fire departments, anything you say and do can and will be used against the city. When you respond publicly on behalf of city business or as the person in charge of police and firefighters, you are making an official announcement on behalf of the city. Hence, proclamation.
Mr. Rodriguez, It is good that you should point out that I am not as intelligent as I may represent, which may account for my abbreviation of Assistant as “Ass.” I initially thought your play on my name was odd. Initially. Then my questioning turned into fear.
Yes, Mr. Rodriguez, your comments have filled me with fear; fear that you will misuse your position as head of the police in this community to retaliate against me. Comments such as “…the building you call your general place of abode…you permeate your thoughts through,” and “I will monitor your progress,” have caused me such fear that you have been watching me and will retaliate against me for speaking out and exercising my right to free speech, that I am literally shaking as I write this. “[M]onitoring my progress” sounds like a veiled threat if ever I heard one, sir, especially from one with an entire police force at his command.
To the average person that last sentence might sound like paranoia, but you and I both know the fate of citizens that have spoken up against this administration under your watch, don’t we Mr. Rodriguez? A mocking email originating from your email account to a very select few, touting the arrest of one citizen who dared to speak out, would seem to provide credence to my fear of your retaliation by abusing and misusing your position as the highest law enforcement person within this community.
Yes, sir, your comments have made me fearful. I am now afraid that any time I see a SBPD unit I will be stopped and harassed. Knowing that you will be “monitoring” me, is it safe for me to remain in this community? Can I really expect San Benito’s finest to come to my aid in case of an emergency with you at the helm? That you would post such an unprofessionally threatening comment during city business hours from what I assume is your city-issued computer, leaves me to believe that you will abuse and misuse your position at any cost with full approval of your supervisors. That is scary, sir, very, very scary. All citizens now must fear speaking up; probably why so few use their real names on these blogs. I was warned against identifying myself and now I know why.
As far as the legal advice provided from the building that you so keenly watch, I proffered none of it but am very proud of it and stand behind it. You and I both know that the ill legal advice debacle to charge residents of mobile home parks did not come from that building, nor did the ill legal advice last summer that caused such an uproar among civil services employees when you proposed stripping them of statutory protected pay to balance the budget, only to find out later it was ill legal advice. None of that came from the gray vinyl sided building with the lawn in need of water that you mentioned.
And as far as watering the lawn, sir? How about that downpour! Thank you, Lord! I do believe the Good Lord above might have read your letter and responded in His own way.
As was previously reported, the city gave a permit for a raspa or taco stand for Mr. Joe Hernandez tenant on his property ILLEGALLY when that type of mobile food vendor was not allowed in the city. Even after the city admitted the permit should not have been issued, the stand continued operating for the next 7 or 8 months. It was after the news reporter wrote a story on it that the stand was closed and moved. As posted by Luna Moon “NO ONE spoke up, no one ever got fired, reprimanded or anything…all errors, and incompetence.” Then they assigned the city manager to investigate his boss which pretty much predicted what the outcome of the investigation would be!
Thank you Mr. Rodriguez! You said it! I can’t stand it when people (Mr. C ass idy) LOL think they know it all. And from what I can read, he is a Henry Lopez, Ochoa, Gomez, etc. supporter (most of who are no longer employed for the city) for good reasons I’m sure. C ass iddy, you should be a contributor to our city, not an opponent.
I’m with you 110 percent Mr. Rodriguez and city leaders.. San Benito is moving forward! Keep up the good work!
How can a City spend over $300,000 to REPAIR the City Pool and STILL NOT HAVE A POOL? NO ONE spoke up, no one ever got fired, reprimanded or anything…all errors, and incompetence.
Shame, shame.
Art Rodriguez
Response to Mark C ass idy of June 24, 2012: RE: Comment for Rodriguez
Your thoughts as you wrote them have been printed as you wished: “a second Ass. City Manager” is what you wrote. Of course that may have been a Type-O, in which case mine is too. The fact remains that City Leadership represents all citizens of San Benito, Texas. This of course includes you Mr. C ass idy. Now both prints will be read. I understand the blight of run-down buildings downtown and throughout the City need to be fixed and the City is addressing it. By the way the building you call your general place of abode, the lawyer office you permeate your thoughts through; Sure could use a cleansing, a paint job and water for your lawn once in a while. Beautification of the City could start right at your home and place of business. I thank you for volunteering to clean up. I will monitor your progress. The employee(s) and City Departments have not suffered budget cuts. However, the budget is monitored closely. Please be informed and not misinformed regarding legal fees and arbitration. The lawyer business you are associated with left the City a lot of unfinished business created by ill legal advice. The figure of $500,000 dollars you wrote about ? Well, here we go again, you are so misinformed; unless you refer to all the fees of all that ill advice of the legal business you are associated with? Over inflated figure Mark, you must filter those figures. You can afford a new calculator. I think that’s the same calculator you used to bill the City with. Side note Mark, a proclamation is an official publication, Remember? That was introduced to you in Legal 101? I know that it’s probably too confusing for you. Remember your legal advice comes free. It is a shame you did not take advantage of all that free legal advice. No Mark, no funds were paid to write my comments. I wrote my own response to inform the Citizens of San Benito, Texas. There was no cost in a press release either as you have noted. The San Benito News is gladly printing at no charge; it is a matter of public information “entitlement” to the Citizens of San Benito, Texas. Mark, Not everything has a price tag. I know that is how you are accustomed in operating. We all should want improvements. Progress causes change and the expectation is understood by those who wish the best for San Benito, Texas. I am a taxpayer, a registered voter and I reside in San Benito, Texas. I will continue to work hard and provide honest public service to the City Of San Benito and the people. Your comments are appreciated. Please try to be better informed. Please continue to attend the City Commission Meetings hopefully someday you may even bring in a worthy contribution or two. I encourage you to visit with me and contribute to the growth and improvements for the City of San Benito, Texas.
Art B. Rodriguez
“City leaders have an obligation to the citizens of San Benito, Texas and must follow the wishes of the citizens of San Benito….” Art Rodriguez.
The citizens have been screaming about the disrepair of the streets long before they requested a second Ass. City Manager. Come to think of it, never heard a citizen request a second Ass. City Manager. This wasn’t the citizens wishes.
The citizens have been pleading for the removal of the blight of run-down and boarded up buildings long before they wanted to spend $2,000 to send officials to China. Come to think of it, do not recall the citizens wanting to send officials to China – at least, not with round-trip tickets.
The citizens have been requesting a public pool and better maintained parks, long before they sought to change the names on the Veteran’s Memorial plaque. Come to think of it, only Hernandez, Wilson and Garza made the plaque a more important and pressing issue than a pool that would serve the entire population of this city.
On September 6, 2011, a firefighter stood before the commission on public comments and delivered an eloquent presentation to the city leaders, detailing how the cuts in the SBFD budget would affect the safety and security of the citizens of this community. The examples this firefighter used were the same exact examples cited to the press by Fire Marshall Henry Lopez that led to his termination. Still, it was far more important for the city to spend thousands of dollars in legal and arbitration fees than it was to use that money to address the issues that would protect the citizens.
On that same evening’s public comments, a member of the city’s labor workforce – the true backbone of this community that keeps our water pumping and our toilets flushing – pleaded with the commission not to take away incentive and longevity pay for it would take food out of the mouths of their children. While he was pleading against the proposed budget cuts, the proposed budget contained an item that was not contained in any previous budget – $6,000 for “international travel.” The budget also contained an increase over past years of nearly $500,000.00 to the “management” portion of the budget.
Please, Mr. Rodriguez, do not insult the citizens with this self-serving proclamation. How much did this cost to have an attorney write, anyway? The only “entitlement” happening in the City of San Benito is happening at the top, at the expense of the citizens, a large percentage of whom are employed by the city and risk their lives and limbs daily to serve their fellow citizens.
The “entitlement” of unbridled spending of tens of thousands of dollars of citizens money on legal fees to oust the likes of long-term residents and public servants like Fire Chief Ochoa, Fire Marshal Lopez, Captain Garcia, Officer Ayala and Police Chief Gomez, is solely managements entitlement to compensate for lack of effective managing – or worse.
The “entitlement” of officials to spend even one dollar of citizens money on frivolous international travel when there is so much at home that needs to be addressed, is not an “entitlement” from which the citizens will gain.
The “entitlement” by the commission to have a Saturday afternoon “meeting” at the Rancho Viejo Country Club, or a June Retreat, more than likely, at taxpayers’ expense, is not an “entitlement” that benefits more than a handful of elected, err, selected “citizens.”
The “entitlement” to use the position of mayor to alter the history of the city, the Veteran’s Memorial plaque, and exact revenge on others, is solely an “entitlement” from which the citizens can never benefit. It is a detraction from the important issues to which the citizens do have “entitlement.”
So, please, sir, do not put out any more of these tired, costly press releases because you think the citizens are fooled. The citizens are not fooled, nor are they stupid. They’re just tired of being taken advantage of, fearful of being retaliated against for speaking out, and tired of watching their tax dollars being spent on everything but what they want it spent on: A safe, clean city with drivable streets devoid of dilapidated buildings.
Oh, yeah, almost forgot. And elected officials who do not embarrass them and this city they love with childish tirades and petty politics. And honest public servants. And a pool.