Pueblo County Sheriff David Lucero and his staff are crafting a response to a Department of Labor complaint claiming unfair labor practice against him for his refusal to bargain with them after the state legislature passed a bill last year expanding collective bargaining rights for county workers. Lucero asked for and was granted an extension to the mid-May deadline, because, for one thing, he feels he is responding not just for himself but for sheriffs throughout Colorado.
In fact, Lucero made the suggestion that the union file a complaint in a letter earlier this year to the International Brotherhood of Police Officers (IBPO) to, perhaps, expedite his desire to get clarity on what he calls a hastily passed law lumping his sheriff ’s deputies and staff with other county employees.
“Sometimes, at the close of legislative session, bills are rushed through and have unintended consequences and unfunded mandates,” stated Lucero in an interview last Wednesday. “ This is clearly one of those bills.”
“ The job of the county sheriff is clearly stated in the Colorado Constitution and is different from not only other businesses and organizations, but even other law enforcement agencies.“ “ The constitution was designed to protect the public and for sheriff ’s especially, to ensure when the citizen calls, we come,” said Lucero.
Title 30 states that the sheriff is responsible for public safety, he is the fire warden and must provide a jail. He appoints deputies and is solely responsible for pay and benefits for those employees.
The Douglas County Board of County Commissioners and Douglas County Sheriff Darren Weekly have filed a complaint in District Court against the Colorado Department of Labor for Declarative and Injunctive Relief indicating their belief the law does not apply to the Sheriff ’s Department and that the county and the sheriff would suffer injury if in fact the law was enforced.
Lucero has seen how the Police Union works. On occasions the Pueblo County Sheriff ’s Office (PCSO) has worked or assisted a criminal matter inside the city limits of Pueblo because they lacked man power.
The PCSO has no such luxury. The sheriff is required by the Colorado Constitution to have enough deputies to protect citizens and each other, even if he has to call them back in or make employees work late. This could be a potential issue with collective bargaining for the sheriff.
The jail is another area of concern. The jail has to be staffed adequately, so if some employees call off. The correct number of deputies need to be there, even if someone is called in, who has completed a shift. The safety of the personnel is at stake along with the prisoner population.
So, does Lucero use the Colorado Constitution to abuse his personnel? In the last three years line personnel have gotten an 18% increase in salary. They are getting a new jail to vastly improve their working conditions. They have top of the line equipment and have monthly meetings with the sheriff to air concerns and complaints.
Just to make sure, Sheriff Lucero is currently running a completely anonymous survey giving personnel an opportunity to express the things they like and the things they don’t like working for PCSO.
Does Sheriff Lucero hate unions? Lucero has been and is, currently, a member of the Fraternal Order of Police for 24 years when he began his law enforcement career in Lamar, Colorado. When he went to work for the PCSO he kept paying his monthly dues and moved his membership to the Fountain Lodge. He appreciates and respects the union. He just wants clarification on issues where his constitutionally mandated job as Pueblo County Sheriff and his job requiring him to negotiate with the Union intersects.
County commissioners don’t have jurisdiction over the sheriff ’s office in the same way that Pueblo’s mayor oversees the city police department, since the county’s law enforcement office is largely run by a separate elected official. But commissioners will need to give final approval to any agreement reached between the new union and the sheriff.
Have these issues created a moral problem in the sheriff’s office? Lucero firmly indicated that morale is not an issue. In fact, after our interview, he was headed for a potluck for the correction officers. He, again, mentioned the monthly meetings and pointed out several examples where new furniture and new computers were the results of those meetings because the sheriff found out he hadn’t been advised of the needs in those areas. He describes the Pueblo County Sheriff ’s Department as having the feel of a family.
Some media articles have hinted that Lucero has gone after union members, a charge which Lucero denies. “If you break the procedures and rules in place, it doesn’t matter if you are a union member or not. There are specific guidelines we follow with everyone. The public has justified expectations of our behavior.”
Lucero isn’t sure what will happen next. After the Department of Labor responds to the union complaint and his rebuttal, the attorney general could weigh in although Lucero doesn’t think that will happen. He suspects it may end up in court, and he is not happy that the tax payer will have to bear the financial burden.
In the meantime, Lucero has a few questions of his own. He has had no communication from the local labor leadership and doesn’t even know who composes the local union leadership. He is also wondering how much of the money from dues collected from his people are being used locally.
“My constitutional responsibility is clear and I don’t want to come to an agreement which I have to break in order to follow the dictates of the constitution,” Lucero opined. “ This law has the potential to pit the Union against my constitutional duties and I need some clarification before, not after, we meet.”