McAllen voters approve conflicting propositions to amend city charter

McALLEN — Voters here approved two separate ballot propositions Tuesday dealing with binding arbitration with the city’s public safety unions — a result that will likely set off another legal battle in the coming weeks and months.

McAllen residents favored Proposition 1 — authored by the city government and prohibiting arbitration with the police and fire unions — by just under 300 votes out of the nearly 3,400 ballots cast. Voters favored the union-authored Proposition 2 — which would mandate binding arbitration — by a mere 8 votes, according to unofficial final election results.

City officials could not be immediately reached late Tuesday to comment on whether they would challenge the Proposition 2 result, which is a statistical dead heat.

They have previously said that if both propositions passed, the amendment language in their proposition trumps the union’s and would preclude an arbitration provision from being added to the city charter. Union officials said they would likely challenge that in court.

“I’m disappointed that anyone would believe that someone other than the mayor or City Commission should decide important issues of the city,” Mayor Richard Cortez said ahead of the final tally. “I wish there were fewer votes for Proposition 2. Even if there was one vote, that would have been disappointing to me.”

Proposition 1 was placed on the ballot by the city government and was intended to prohibit arbitration.

The police and fire unions garnered 3,400 petition signatures to get Proposition 2 on the ballot. The measure was intended to mandate binding arbitration, a common legal practice in which two sides go before an independent panel outside the court system for a ruling on their case.

City officials said arbitration would allow an outsider with no accountability to taxpayers to make a decision important to city finances — essentially dictating city policy and possibly raising taxes.

The unions countered that an arbitrator is an unbiased party that would quickly end impasses in negotiations and would help both sides avoid thousands of dollars in legal fees. The two side disagree whether an arbitrator would be able to grant the unions raises or benefits that the city could not afford.

Voters were mixed on the issue Tuesday night at Gonzalez Elementary School, 201 E. Martin St., one of the polling places that had the most traffic.

Richard P. Walsh, a history professor at South Texas College, said he was “in solidarity” with the fire and police unions and voted for binding arbitration.

“I think (arbitration) is easier and less expensive,” said Walsh, a member of the Texas Faculty Association, a nonprofit lobby for higher education in the state.

Douglas Hooper, of McAllen, said he supported firefighters and police officers, but thought arbitration was not the best way to resolve disputes.

“If (the unions) don’t like what they’re getting (in negotiations), they should get officials in (to office) that will” be more supportive of their position, Hooper said. “Binding arbitration is really a wicked way to go.”

Voter turnout was low — and only slightly higher than during early voting — said Hidalgo County Elections Administrator Yvonne Ramon. Only 5.8 percent of the city’s 59,900 registered voters cast ballots.

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Nick Pipitone covers McAllen and general assignments for The Monitor. He can be reached at (956) 683-4446.