Arbitration ruling reverses personnel changes at Weslaco PD

WESLACO — An arbitration ruling handed down this week reverses promotions, demotions and other transfers made by Weslaco Police Chief Jose Perez.

The American Arbitration Association, a New York City-based private organization that administers arbitration proceedings, made the decision that will overturn the chief’s “improper actions” and grant back pay and benefits to officers affected.

The AAA found that the chief did not have the authority to create certain positions and eliminate old ones, dodging terms agreed upon under collective bargaining between the city and the Weslaco Municipal Police Association.

Mayor Buddy de la Rosa defended Perez, calling an “an outstanding chief.”

“Nobody’s perfect, but he’s certainly a great improvement from what we’ve had in the past,” de la Rosa said. “The arbitration is going to reverse his promotions, but that doesn’t change the fact that he’s an outstanding chief.”

De la Rosa said the decision will not affect patrol operations or compromise the city’s safety.

“Everyone is still well-protected,” the mayor said. “The city is still in good hands.”

Perez and Kevin Lawrence, deputy executive director for the Texas Municipal Police Association — the state-level labor group representing the Weslaco police union — did not return phone calls Sunday afternoon.

WMPA, the city’s only police union with bargaining power, filed a multi-part grievance last year after the chief eliminated two captain positions to create an assistant chief spot — the union’s contract with the city does not permit the department to fill all three positions at once.

Perez then appointed Baudelio Castillo, a former corporal, as his second-in-command. The AAA found that the City of Weslaco did not meet with the union when the chief created the position, violating terms under their collective bargaining agreement.

The AAA also found that Castillo, along with two promoted officers — Antonio Damian and Juan Meza — did not attend the police department’s mandatory fitness test. Under the union’s contract with the city, only officers who pass the test are eligible for promotions or transfers within the department.

Castillo made headlines three years ago for filing a lawsuit against the city alleging the Police Department’s mandatory fitness test discriminated against officers with chronic medical conditions. He claimed he was diabetic and that the test could cause him health problems, but ultimately lost the lawsuit.

The ruling affects all promotions, demotions or transfers that occurred after July 9, 2009.

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Ana Ley covers law enforcement and general assignments for The Monitor. She can be reached at (956) 683-4428.