The Albuquerque Journal
ALBUQUERQUE, N.M. — Mayor Martin Chávez is leaving behind another gift, this time for the firefighters union.
On Oct. 16, less than two weeks after losing the election, officials under Chávez signed a memorandum of understanding with union President Diego Arencón that prevents firefighters arrested on suspicion of first-offense DWI from being terminated, provided they attend counseling and submit to drug testing.
The memorandum was signed the same day executives under Chávez signed an open-ended agreement to participate with unions in binding arbitration for some disputes.
Arencón, whose union was the first group to endorse Chávez’s re-election bid in February, months before he announced his campaign, said the DWI policy is “proactive” and equated it to “zero tolerance.”
The policy was first put in place as a pilot program in November 2007. It was a departure from AFD’s previous policy, under which firefighters lost their jobs after a DWI arrest.
Mayor-elect Richard Berry prefers the old way.
“The mayor-elect is aware of the MOU, and he is very, very concerned about it,” said Bernalillo County Sheriff Darren White, who will assume the post of Albuquerque chief public safety officer when Berry takes office Dec. 1. “He has asked that this be a top priority starting Day One. The mayorelect favors zero tolerance, and that means if you get arrested for DWI, you are fired.”
Officials with the Chávez administration did not return calls seeking comment Tuesday.
The policy states that firefighters who have clean personnel files and are arrested for nonaggravated DWI first offense “shall be demoted to the rank of firefighter first class.” Those who already have that rank are docked $1 per hour in pay.
Those who are exonerated by the courts may petition the fire chief for reinstatement of rank and lost wages under the policy. Those convicted in court may petition the chief after one year.
Any f iref ighter who is arrested must attend alcohol counseling and submit to random drug testing. Those who fail to do so face termination, as do those who are arrested on a second or higher offense or are arrested for aggravated DWI.
Nine firefighters have been arrested this year on various charges, most of which involved DWI, including two in the past month.
“When we started (the pilot program), we were losing our guys, and I had to do something about it,” Arencón said in an interview Tuesday. “I don’t condone (DWI) in any way, and I feel (the policy) is harsh. It is zero tolerance. But I need to help my guys in any way I can. That’s my job, and I’m committed to it.”
Arencón said he didn’t know whether there have been more DWI arrests since the pilot program was instituted than in previous years.
Deputy Fire Chief Craig Sadberry told the Journal in July that the recent spate of arrests constitutes a “definite spike.”
White said that if that’s the case, “the pilot program has failed.”
Before November 20 07, Arencón said, firefighters were terminated after a DWI arrest. Since then, he said, the department has followed the new policy.
Arencón said seven firefighters have fit the policy’s criteria since it went into effect.
“And they’re all success stories,” he said. “They haven’t had a drink, they’re more engaged at union meetings, and they’re even going to stations and speaking to the young guys about what they’ve been through.
“If these guys do comply (with counseling and testing), then we have protected the city’s investment in them. And you never know who’s going to be next to save someone’s life.”
White said the new administration will try to get the union to agree to changing the policy. Until then, the city is bound by the agreement that Chávez signed with the union.
AFD Battalion Cmdr. James Breen, who will be the new fire chief starting Dec. 1, said he favors a stricter policy.
“We would have to discuss whether termination came after conviction or after arrest,” Breen said. “But the goal is to get to zero tolerance. We have great people, and we are held to a higher standard. We want to change the culture around how Albuquerque firefighters view drinking and driving. We want to get someone who needs help the help they need before a DWI happens.”
Copyright 2009 Albuquerque Journal