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  • NM House Ed Committee Tables Martinez Mandatory Retention.
Republicans to privatize Court Security in Bernalillo County?
September 25, 2012

Bernalillo County Sheriff Dan Houston is at it again. 

Ole Dan does not seem to play well with others … unless they play his way …  regardless of what it may cost taxpayers. 

In an expression of ‘my way or the highway,’ the sheriff has previously threatened to execute a plan which would essentially privatize the security at the county’s courts, despite such a move going against state laws relative to collective bargaining.

Could the recent decision by commissioners to hold a closed door session this afternoon at 2:00 PM to “discuss pending/threatened litigation regarding the court security specialists (sic) collective bargaining agreement negotiations,” be a prelude to executing the sheriff’s retaliatory threats?This seems to be part of a well-orchestrated plan to punish county court security officers. Their crime: They defied the sheriff and voted to join a union.

Well-orchestrated insomuch as Governor Martinez has filled a vacancy on the County Commission with a Republican. Now the sheriff may have enough like-minded playmates on the county commission.

This appointment tips the balance of power on the commission to an anti-worker majority.

It will enable the new Republican majority to use the cover of a bogus claim that earlier recognition by the county commission of the union was in violation of the open meeting laws.  

(It should be noted the Governor and her allies have flaunted the laws relative to employee rights, ie. last year’s Supreme Court battle over removal of the labor representative on a state labor board. Governor Martinez and her anti-worker backers lost that one.)

When he was running for election to the office of sheriff, Houston told court security personnel that he viewed their position as little more than a public service aide.  

State law views it differently. The positions are required to be filled by trained and commissioned deputies, capable of handling serious security problems when they arise at the state’s court houses.

Earlier this year, after the union became the court security officers’ recognized representative, Houston arbitrarily limited those in that bargaining unit to less than forty hours per week. He took away any overtime and gave it to other deputy sheriffs in his department.

This was done at a substantial increased cost to the county’s citizens. 

According to representatives of the union, the deputies Houston replaced the court personnel with get paid almost $10 an hour more for this overtime. By the way, because of a shortage of legally qualified personnel, the officers have had to fill many shifts with overtime.

This is not the first time Houston has placed his vendetta approach ahead of the county’s financial and safety concerns, not to mention his penchant to reward his political friends.

According to an Albuquerque Journal article by Jeff Proctor published in March, criticism of Houston’s decision making leads to punishment:

“ …  a Jan. 30 call from the County Commission chairman to Houston on behalf of a man who had failed an oral interview as part of the BCSO hiring process prompted the sheriff to change that portion of the process. Three deputies, including Hartsock, were reassigned after Hartsock publicly criticized the decision.”

That Journal story referred to other controversial policy and hiring decisions by Houston involving political connections:

“A few months after his election, Houston moved two BCSO helicopters and various tactical equipment from centrally located facilities to a hangar on the far West Mesa owned by his top campaign contributor, John Bode.”

Before his election to the sheriff’s post, Houston was in charge of security at the controversial Legacy church, of which he is also a member. 

More from the Journal story: “The church connection quickly became controversial, when Houston appointed Scott Baird to the rank of captain. Baird’s wife, Terri Baird, had managed Houston’s campaign. The Bairds also are members of the Legacy.”

It will be interesting how far the new Republican majority will go in exposing Bernalillo County taxpayers to Sheriff Houston’s retaliatory and costly policies. 

According to the county’s own rules, the county government is prohibited from, among other things, “Interfering with, restraining or coercing county employees in the exercise of their rights under this division.

Houston is violating several laws aimed at maintaining fair labor practices, like "Interfering with the formation or administration of any employee organization, or interfering with the selection of an agent or representative for bargaining or adjustment of grievances;"  The list goes on... 

Those rules are fertile ground for legal action against the sheriff for his apparent retaliatory way of governing … action that could cost his innocent electors a lot of money. 
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