Allegations are swirling in Weslaco that fire department resources were improperly used to fill a private swimming pool.
According to the claims, Weslaco Fire Department personnel and equipment were used to fill the pool sometime in December.
City officials confirmed late last week that an investigation is indeed underway, but declined to provide any details.
“On December the 19th, a recent alleged incident involving possible alleged misconduct was brought to my attention,” Weslaco interim City Manager Martin Garza said last Thursday.
That prompted an investigation the following day.
“Immediately after that, the city of Weslaco hired Mr. Juan Gonzalez… who is being asked to conduct a thorough and complete investigation of this alleged incident,” he added.
Juan Gonzalez currently serves as the Weslaco city attorney.
Garza declined to elaborate further, however, citing the city’s policy against commenting on personnel matters.
The interim city manager declined to answer questions about who may be under investigation, if any fire department personnel have been placed on leave or otherwise removed from the duty roster, or when he expects Gonzalez’s investigation to be completed.
“We’re waiting for the findings of the investigation and once the findings are delivered to the city of Weslaco, then at that point, we’ll take any appropriate action necessary to bring closure to this incident,” Garza said.
However, an agenda for the Weslaco City Commission’s first meeting of the year, which took place on Jan. 3, sheds some light on the issue.
Listed under the executive session portion of the agenda is an item “regarding (the) investigation of the Assistant Fire Chief,” the agenda states.
When reached for comment by phone, Weslaco Fire Chief Antonio “Tony” Lopez referred questions to the city manager.
Only one person holds the title of assistant fire chief, according to the city’s website: Gustavo Ramirez.
Under state law, disciplinary action taken against civil service employees — such as police officers and firefighters — are matters of public record. Weslaco is a civil service city.
Such disciplinary action can include verbal or written reprimands, demotions or suspensions.
However, Garza hedged when asked if Ramirez remains on the active-duty roster or if he has been placed on leave.
“There’s nobody who has been disciplined at this moment. Now, there’s a difference between what you’re saying and what I’m saying. You understand what I’m saying? One thing is taking an action, and whether that action is considered disciplinary action or not,” Garza said.
Garza said he believes since the question of whether the action is disciplinary at this point, that the information sought by The Monitor is not yet public.
“You’re right. And believe me — when and if that happens — you’re gonna have a right to that public information. However, at this moment, there’s no disciplinary action that has been taken because we don’t have the findings yet to determine what … appropriate action will be taken at the time,” he said.
Though city officials were reticent to talk, a spokesperson for the union that represents the majority of the department’s firefighters said the organization is deeply concerned about the investigation, which remains shrouded in mystery.
“The TSAFF is monitoring this situation closely,” Erin Powers, communications director for the Texas State Association of Fire Fighters, said Wednesday.
The collective bargaining association represents some 18,000 firefighters across 192 communities throughout Texas, Powers said.
“We’re awaiting the findings of the city and we want to ensure that — for the good of the public, the city and the firefighters — that all the relevant state laws are being followed in this incident,” Powers said.
To that end, Powers filed a public information request on behalf of TSAFF.
The request, dated Dec. 30, 2022, appears to confirm reports that the allegations involve the improper use of public resources.
“Confirmation of and/or all documents or reports related to the allegations that Weslaco Fire Department personnel were ordered by fire department administration to use city equipment and public fire hydrants to fill a private swimming pool outside city limits,” the request states.
The request also asks for a list of fire department personnel who have been or are currently suspended or under investigation related to the allegations, as well as the status of any such investigation.
It further requests copies of any phone, email or text message communications between the Weslaco City Commission, city manager, fire chief and fire department administration related to the investigation.
“The first move in instances like this are going to be made by the city and we’re watching that closely with concerns in mind of retaliation against innocent firefighters or actions of that sort,” Powers said.
Read the latest update here:
Internal memo warned Weslaco firefighters about misusing resources
