Memorandum Opinion Issued by Texas Thirteenth Court of Appeals Agrees: City of Brownsville Arguments Are "Without Merit"

City Attorney Mark Sossi

At some point, the City of Brownsville needs to simply cut their losses in their irrational, ongoing war with the Brownsville Fire Fighters Association. On October 24, 2011, visiting Corpus Christi Judge Hinojosa, substituting in Rolando Oliveira's 445th District Court, added 6% interest to accrue from the end of the last contract to the $2.7 million the city owes the firefighters and paramedics.  

Now, the Thirteenth Court of Appeals has added attorney's fees to the eventual lump sum payment.  

Chief Justice Valdez, along with Justices Rodriguez and Garza, heard the appeal, with Justice Nelda V. Rodriguez writing a 22 page Memorandum Opinion filed April 3, 2014.

The City of Brownsville had the "Burden of Proof" to demonstrate that the 445th District Court had "erred" in ruling in favor of the BFFA Local 970.  While Attorneys Ricardo Navarro and Alan Ozuna were the attorneys of record, some of the arguments presented and testimony given came from City Attorney Mark Sossi, particularly since elements of this case date back to 2009.

Sossi claimed city settled with police "under compulsion" of
a "hostile adverse judgement," not voluntarily.  The appeals
court disagreed.

The original lawsuit by the firefighters was in response to a wage settlement with the Brownsville Police Officers Association, negotiated April 22, 2009 by newly hired City Attorney Mark Sossi. 


Sossi testified in 2011 in district court, that the new agreement achieved with the police should not be matched by the firefighters because it was not "voluntarily negotiated," but "paid under compulsion" in fear of "a hostile adverse judgement."  The 445th District Court didn't buy Sossi's argument.  The appeals court memorandum also found the argument "without merit."

The city also asserted that the "me too" provision, that dictates that, if the police department gets a raise, the fire department does too, or visa versa, did not kick in because the city's agreement, providing the police department with raises, was not "across the board," as required by the "me too" provision.  The claim was that only "Probationary," "Patrol," Sergeants," "Lieutenants," and "Commander's" received raises, while "Detective/Investigators" did not.  The district court found that "Detective/Investigator" is not an actual rank, but "an assignment given to officers of various rank for which they receive an extra $1 per hour."

All of this expensive litigation, the subsequent rulings, accrued interest and attorneys fees could have been avoided.  In 2011, the Brownsville Fire Fighters Association, despite realizing the city owed the $2.7 million, offered to settle for $1.7 million, saving the city $1,000,000.  At Navarro's urging, the city refused. Now, it will cost the city much, much more than $1.7 million to settle this suit.  

Our city government continues to demonstrate a lack of skill and desire to protect city assets.