Untitled Texas Attorney General Opinion

4
The Attorney General of Texas
JIM MATTOX April 7, 1986
Attorney General
Supreme Court Building Eonorable Lloyd Criss Opinion No. JM-469
P. 0. Box 12549 chairman
Auslln, TX. 7871% 2545
Committee on Labor and Re: Whether airport crash and
512l4752501
Telex QlQ/S74-1387
Employment Reli~tions fire rescue personnel are with-
Telecopier 512l475-0288 Texas House of Representatives In the provisions of article
P. 0. Box 2910 5154c-1, V.T.C.S.
Austin, Texas 711769
714 Jackson, Suite 790
Dallas, TX. 752024508
214f74289u Dear Reprcsentatiw Criss:
You ask vhcther airport crash and fire rescue personnel arc
4824 Alberta Ave., Suite IS0
covered as "firei:ighters"under article 5154c-1, V.T.C.S., the Fire
El Paso. TX. 799052793
915/53534s4
and Police EmployingRelations Act.
This act proq?ldes,in part, that
1001 Texas. Suite 700
Houston, TX. 77092-3111 tilt is #declaredto be the policy of the State of
713n255888
Texas i:hat cities, towns,- and'- other political
subdiv&!Lons within the state having police and/or
SO9 Broadway. Suite 312 fire df$artments shall provide thr firefighters
Lubbock, TX. 794013479 and policeman, in said departments. with compensa-
SQS”47.5239 tion and other conditions of employment that are
substantially the same as compensation and condi-
4304 N. Tenth. Suite S tions .?revailing in comparable private sector
McAllen, TX. 78501-1885 employmnt. (Emphasis added).
5121882-4547
Sec. Z(a). Thus, the act applies only to "cities, towns, and other
2w Main Plan, Suite 400
political subdivisions." Sac also 13(3); Commissioners' Court of El
San Antonio, TX. 782052797 Paso County v. E& Paso County Sheriff's Deputies Association, 620
512/22541Ql S.W.2d 900 (Tex. Civ. ADD. - El Paso 1981, writ ref'd n.r.e.).
Accordingly, we a:wume tha;-you ask about rescu; personnel of airporis
operated by cities.,towns, and other political subdivisions.
An Equal Opportunity/
Affirmstlvs Action Employer
Section 3(l) of article 5154c-1 defines "fireflghter" as follows:
The term 'firefighter' means each permanent paid
employeN,in the fire department of any city, town,
or other political subdivision within the state,
with the sole exception of the chief of the
departmnt. Nothing herein shall apply to
voluntemncfirefighters.
p. 2147
Honorable Lloyd Criss - Page 2 (JM-469)
The reasoning followcd in Commissioners Court of El Paso County,
620 S.W.2d 900. is instrmtive in determining the scope of section
3(l). The co& addressed whether the term "polic-," as defined in
section 3(2) of the act, includes deputy sheriffs employed by
counties. Section 3(2) provides:
The term 'pollceman' means each sworn certified
full-time paid anployee, whether male or female,
who regularly s(!rves in a professional law en-
forcement capacity in the police department of any
city. town, or o:ber political subdivision within
the state, with the sole exception of the chief of
the department.
Ascertaining 1egislat:lve intent was the court'8 v-i-v
objective. See 620 S.W.2d at 901. The court looked "to the entire
Act and not itsisolated provisious. keeping in mind at all times 'the
old law, the evil and the .rsmady."' Id. Public health, safety, and
welfare conditions demand 8,prohibitions strikes by firefighters and
police. Art. 5154c-1, 12(1):1(l). Without a right to strike, however,
firefighters and policemen need a method to bargain with and to settle
disputes with their public employers in order to maintain morale.
&; 620 S.W.2d at 902. Wj.ththese considerations, the court reasoned
that "[tlhe existing evil and the remedy provided apply to deputy
sheriffs as well as other 'policemen."'. Accordingly, the court ruled
that deputy sheriffs fall vithin section 3(2) of article 5154c-1. 620
S.W.2d at 902.
Similar consideration,s apply to the instant case. Although
airport rescue personnel m&y not always be administratively designated
as part of the regular fire department of a political subdivision;
like the regular departmau,t,they serve as vital protection for the
public health, safety, and! welfare. The uature of the job they
perform rather than a job Label of "firefighter" should control. See
generally Attorney General Opinion E-76 (1973). Consequeutly,~
believe that they are the 1:ypeof public employee that the legislature
intended to protect as "firefighters" in article 5154c-1.
Moreover, the courts have followed the legislature's directive
that "this Act should bl! liberally construed." For example, in
Keirsread v. City of San Antonio, 636-S.W.2d 522 (Tex. Civ. App. - San
Antonio 1982). modified, 613-.2d 118 (Tex. 1982). the court applied
article 5154c-1 to Kmerger.cyMedical Technicians of the San Antonio
Fire Department. Cf. a-of San Antonio v. Aguilar, 696 S.W.2d 648
(Tax. App. - San AZ&i0 l'N15.no writ). These public employees were
personnel of the fire department, but they were not employed in a
fire-fighting capacity. A:Lt:hough the scope of the term "firefighter"
was not directly in issue, ,thacast avidences a tacit acceptance of a
liberal construction of thl,coverage of the term. For these reasons,
p. 2148
9
Ronorable Lloyd Criss - PaRa 3 (m-469)
.
we conclude that the crass and fire rescue personnel of an airport
operated by cities, towns, and other political subdivisions are
covered by article 5154c-1.
SUMMARY
The crash and fire rescue persouuel of au
airport operatecl by cities, towns, aud other
political subdivisions are covered by article
5154c-1, V.T.C.S,
JIM MATTOX
Attorney General of Texas
JACK HIGHTOWER
First Assistant Attorney Gtmeral
MARY KELLER
Executive Assistant Attotnoy General
ROBERT GRAY
Special Assistant Attorney General
RICK GILPIN
Chairman, Opinion Coamittet!
Prepared by Jennifer Riggs
Assistant Attorney General
p. 2149