SAN BENITO — Former Fire Chief Raul Zuniga received some satisfaction yesterday.
The Civil Service Commission yesterday overturned his five-day unpaid suspension stemming from his bidding at an Aug. 8 city auction.
In a nearly four-hour grievance hearing, city-contracted attorney Alan Ozuna argued Zuniga was rightfully suspended for bidding on city equipment that was not listed for auction.
But John Shergold, an attorney representing Zuniga, argued city ordinances did not prohibit Zuniga from bidding on the city equipment that fire department personnel delivered to his home.
The Civil Service Commission, made up of Chairman Lawrence Drake and Arnulfo Gonzalez, sided with Zuniga.
“My client’s extremely happy with the results,” Shergold said after the hearing. “He believes he’s been vindicated. Basically, the charges were unsubstantiated and proven false.”
Late last year, City Manager Manuel De La Rosa demoted Zuniga to a captain’s rank stemming from his bidding on unlisted city equipment.
Then last month, interim Fire Chief Boris Esparza ordered Zuniga suspended, claiming Zuniga used the auction for his “personal benefit.”
“Although you presented a list of items to the city commission for approval, many of the items that were auctioned and purchased by you were not presented to or approved by the city commission,” Esparza wrote.
“You used the auction of surplus city items and department personnel for your own personal use.”
But Shergold argued the city had not approved an ordinance stipulating an employee could not bid on items that were not listed for the auction.
Zuniga’s auction list also included a listing described as “miscellaneous tools and odds and ends,” Shergold said.
However, De La Rosa argued department heads needed city commission permission to place city equipment on auction.
Zuniga’s action was “unethical, dishonest and unprofessional,” De La Rosa told Civil Service commissioners.
Shergold also argued Esparza ordering of Zuniga’s suspension was retaliatory.
“This is all about payback,” Shergold told the Commission.
How we got here
On Oct. 4, Esparza sent information to the Texas Commission on Law Enforcement stating Zuniga was terminated, Shergold said.
Shergold accused Esparza of sending the information a day after Zuniga filed a complaint with the EEOC, arguing his demotion was based on age discrimination.
“It was a mistake,” Esparza said.
However, Esparza said Zuniga routinely sent such information to the Commission on Law Enforcement.
“That was standard procedure,” Esparza said, referring to Zuniga’s tenure as fire chief.
War not over
After the hearing, Shergold said Zuniga, 58, is continuing to fight his demotion he claimed was based on age discrimination.
City Attorney Ricardo Morado has strongly denied that charge.
On Oct. 3, Zuniga filed complaints with the city and the Equal Employment Opportunity Commission, claiming De La Rosa told him he should retire.
“I told the city manager I was not going to retire,” Zuniga states in his complaint, “(T)hen within 24 hours I am instructed that I would be placed on administrative leave with pay.”
Zuniga, a 34-year veteran of the department, had served as fire chief since 2012.
On Aug. 8, De La Rosa placed Zuniga on paid administrative leave pending an investigation into undisclosed “allegations” stemming from his bidding at the fire department auction.
Then on Sept. 28, De La Rosa reassigned Zuniga to captain, cutting his salary by about $20,000, after city commissioners confirmed his appointment of Esparza as interim chief.
Timeline
Aug. 8 — City Manager Manuel De La Rosa places Fire Chief Raul Zuniga on paid administrative leave
Sept. 27 — City commissioners vote to confirm De La Rosa’s appointment of interim chief Boris Esparza
Sept. 28 — De La Rosa reassigns Zuniga to captain
Oct. 3 — Zuniga files complaints arguing his demotion was based on age discrimination
Oct. 4 — Esparza sends information to the Texas Commission on Law Enforcement stating Zuniga was terminated
Jan. 19 — Esparza orders Zuniga placed on a five-day unpaid suspension
