Just a little more than a month into his tenure with the city of Mission, the Texas Municipal Police Association, or TMPA, is once again in conflict with police chief Cesar Torres.
Members of this union had a long, protracted fight with Torres when he ran the Edinburg Police Department over what a neutral arbiter ruled was discrimination against officers for their membership and activity in the Edinburg United Police Officers Association. The EUPOA belongs to the statewide TMPA.
The conflict ended in May 2021 with the city of Edinburg firing Torres, who has filed two separate lawsuits against the municipality that are ongoing.
Nearly one year later, the city of Mission hired Torres to run its police department.
And by June 23, a conflict between the TMPA and the chief arose when Torres sent an email to all of the department’s employees. The union described it as a threat to officers’ First Amendment right to free speech.
Addressing Mayor Norie Gonzalez Garza, TMPA executive director Kevin Lawrence writes in the letter that the chief “threatened officers with punishment” if officers contact any member of the city council or the city manager or deputy city manager about police operations “without first advising” the chief or the next in rank, and that contact must be approved by the chief.
“This order violates officers’ rights to freedom of association and freedom of speech, as well as the Texas Labor Code and Texas Government Code,” Lawrence wrote in the letter.
The mayor did not respond to an email from The Monitor asking for comment about the letter.
The TMPA sent the letter on behalf of the Mission Police Association, or MPA, which is a member of the state organization.
The city of Mission, however, did provide the newspaper a statement, which said this code of conduct order has been in place since Oct. 1, 2019, which Lawrence acknowledged in an interview.
The city said Torres sent the memo following an incident where an officer requested a meeting with the city manager regarding police department operations.
“Chief Cesar Torres sent out an email dated June 23, 2022, to all Mission Police Department employees to address an incident where an officer was requesting a meeting with the City Manager regarding police department operations,” the city’s statement said. “The Chief was following department general orders.
“The order specifically states that officers are not allowed to contact any City Council Member or City Manager/Assistant City Manager regarding operational issues without first advising the Chief of Police or the rank under the Chief for the purpose of obtaining any transfers, promotions, benefits or favors.”
The city also confirmed that it did not formally respond to the TMPA letter.
In an interview, Lawrence said Torres’ memo violated at least six different statutes and the letter lists a slew of cases the TMPA said protects police officers’ rights to free speech.
As for the policy, Lawrence said he realizes it was in place prior to Torres’ arrival, but said he believes the chief misapplied it — though he also said he could be wrong.
“We don’t think it’s on fire, but no one’s been disciplined at this point,” Lawrence said.
A Texas Public Information Act request filed with the city of Mission confirms this through the end of July.
The TMPA executive director said that if no one is disciplined, he will follow up with the mayor and the city attorney and “say we want to have a chat or we’ll go in front of city council and push the issue.”
In the letter, Lawrence also said Torres memo is a prior restraint on free speech, placing a significantly higher burden on the city to prove the legitimacy of its actions.
“We respectfully ask that Chief Torres rescind his order,” Lawrence wrote.
Lawrence also said that despite the TMPA’s history with Torres in Edinburg, the organization didn’t speak out when the city of Mission hired him.
“Now, you know the chief is like all chiefs, he’s got his supporters and detractors there at Mission PD and he is also brand new,” Lawrence said. “We always say (to our members) do everything you can to work with them.”
The TMPA, however, is not the only police union within the city of Mission.
There is also the Mission Professional Law Enforcement Association, or MPLEA, which is a member of the statewide Combined Law Enforcement Associations of Texas, or CLEAT.
The MPLEA sought to distance itself from the TMPA and MPA.
“We would like to let the community know that there are currently two unions at the Mission Police Department, and these claims do not represent a major part of police officers’ views towards the Chief,” the MPLEA said in a statement.
This is also reminiscent of Torres’ time at Edinburg, where the Edinburg Police Association, a CLEAT union, also supported Torres and also distanced itself from the EUPOA, a TMPA union.
To close its statement, the MPLEA said city administrators always provide police a voice.
“Our membership is extremely proud of our department and excellent service we have provided the citizens of Mission, Texas,” the MPLEA said. “We would like to also thank the City of Mission Administration for always providing us a voice and hearing our thoughts and ideas for the future.”
