Two Austin men have revived a complaint that accuses city leaders of allowing Austin Firefighters Association President Bob Nicks to use taxpayer money for private purposes.
The men's lawyer said Thursday in civil District Court that Nicks spends roughly a quarter of his workday on activities that do not serve the city's interests, like meeting with lobbyists, and is getting away with it because of poor oversight from Austin officials.
Other firefighters have similarly abused the 5,500 hours of leave time available to union members annually through their collective bargaining agreement with the city, lawyer Jonathan Riches argued. Instead of doing activities that would advance the city's interests, union members use their leave time to attend things like boxing matches and fishing trips, he said. All told, the time off available to firefighters is equal to $1.25 million, Riches said.
"All at the taxpayers' expense," he said.
Riches said leave time should be considered a gift of public funds, which, under the state constitution, can be granted to an individual under three conditions: the payment accomplishes a public purpose; the government entity retains public control over the funds to ensure the public purpose is accomplished; and the government entity receives a return benefit.
Lawyer Diana Nobile, who is representing the firefighters, said the activities for which Nicks and the union members took off time are an adequate use of taxpayer money. Nicks works over 40 hours per week, she said, and the time he spends on political activities or meeting with lobbyists is not counted in his compensation. The boxing matches and fishing trips were charity events in which firefighters assisted, she said.
"This is not a gift no matter how you look at it," Nobile said.
The people behind the lawsuit, Austin resident Mark Pulliam and former Austin City Council candidate Jay Wiley, filed the lawsuit against the firefighters' union and the city of Austin two years ago. Riches said the city has exercised lax oversight, which has led to the approval of 99% of firefighters' requests for leave time.
State District Judge Orlinda Naranjo had granted the firefighters' request to leave the case, but they reentered last year to fight the suit alongside the city of Austin. Along the way, the Texas attorney general's office intervened and joined forces with the legal team suing the firefighters.
Attorneys for the city argued that the men behind the lawsuit lack jurisdiction to proceed with their complaint. Wiley, they said, has not lived in Austin for the entirety of the proceedings, and Pulliam stopped paying property taxes last year when he created a living trust as part of an estate planning. Riches said Pulliam is still paying taxes on his property.
Naranjo retired at the end of last year, meaning another judge, Amy Clark Meachum, was on the bench for Thursday's arguments. Saying she needs to catch up on two large binders of documents in the case, the judge held off on announcing any decisions, leaving open the possibility the case could go to trial at some point. The plaintiffs are asking her to rule in their favor on a motion for summary judgment.
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