City of Brownsville Loses Multi-Million Dollar Appeal Against Local Firefighter/Paramedic Union at 13th Court of Appeals

Attorney Osuna, Fire Chief Lenny Perez, Navarro

Listening to unsound legal advice from City Attorney Mark Sossi, the City of Brownsville has lost its appeal to the Texas 13th Court of Appeals regarding application of "Me-Too" clause contained in the Brownsville Fire Fighter's Association Local 970 contract with the city.

Labor attorney Rick Navarro, who has made a small fortune in legal fees with the city, by appealing unwinnable arbitration cases, still garnering his legal fees, agreeing with Sossi, advised the city to go ahead with appeal, despite losing in Rolando Oliveira's 445th Court October 24, 2011.  At that time, visiting Judge Hinojosa, not only ruled in favor of the union, but attached 6% interest to accrue from the end of the previous contract.

City Attorney Mark Sossi, his original advice
to reject the BFFA's offer to settle for $1 Million
less than the original wage gap make him the
city's most expensive employee in history.

We guesstimated the figures back last November:

"Let's do the rough ball park math. If the fire fighters lump sum supplement to the last contract is $2,700,000, the interest added to that from the end of the last contract to the date Judge Hinojosa ruled in their favor(I'm compounding the 6% interest annually), the added interest would be $515,743.20 for a total owed of $3,215,743.20. Now, if we add the 5% ongoing interest Judge Hinojosa added in his 2011 ruling, we add an additional $329.613.60 for a grand total of $3,545,356.80. Of course, it the interest is simple, not compounded, the grand total will be somewhat less, but, in any event, the longer the city takes to settle this, the more interest accrues."

While the above is just a layman's guess, it demonstrates a certain recklessness by the City of Brownsville in asset protection.  Add to this the fact that, in early 2011, the local Firefighters and Paramedics Union offered to settle for $1,000,000 LESS than the $2.7 million owed by the city, a possible settlement of only $1.7 million.  But, Navarro urged the city to stonewall the union, putting the city in jeopardy of losing millions through a court ruling.

BFFA President Carlos Elizondo(on the right)
 with Rico Bocanegra

Carlos Elizondo, President of the IAFF Local 970 stated:  "Jim, not only did the 13th Court of Appeals rule in our favor on the contract, but, in addition to the interest imposed in the 445th Court, they've awarded us our legal fees through this whole process.  You may recall that several years ago, the firefighters and paramedics had to double union dues to pay for legals fees incurred because of the City of Brownsville pursuing this case."