Pueblo sheriff David Lucero, police union at odds over negotiations for new contract

Pueblo County Sheriff David Lucero and a police labor union are at odds over the negotiation process the union wants to use to secure a contract for its members.

The International Brotherhood of Police Officers, the collective bargaining representative for Pueblo County Sheriff's Office employees, is currently seeking to negotiate a contract with Lucero. Vince Champion, regional director of the IBPO, told the Chieftain the labor union wants to negotiate terms and conditions of employment for its members.

Lucero, however, has requested to delay negotiations, according to a letter he penned to Champion.

In the letter, which was shared with the Chieftain, Lucero asserts that entering into negotiations may conflict with his “authority under Colorado law.” He cited Colorado revised statutes that state sheriffs have appointing authority over deputy sheriffs and can adopt personnel policies, including ones that allow them to revoke those appointments.

He reinforced his stance by mentioning that the Collective Bargaining for County Employees Act, which allows employees in larger counties to unionize and went into effect last year, states that it can’t restrict or usurp the authority of county commissioners and state law.

In the letter, Lucero declined to begin negotiations if the IBPO is pursuing discussions that "could lead to final authority" over staffing and personnel policies, among other areas.

“Rather than start negotiations that may soon dissolve into untested legal claims, I propose that negotiations be delayed until a decisive legal opinion can be obtained or until the Colorado legislature can clarify the law,” Lucero wrote in his letter.

Lucero also stated that he would “enter negotiations immediately” if the union’s request is limited to areas that don’t remove the sheriff’s authority over “policy, operational practices and personnel.”

Lucero said Monday that he supports unionization but also believes that unions “have a time and a place.”

“I think they’re trying to do the right thing, but I don’t think the messages were conveyed on what could actually be accomplished by the forming of the union because of the conflicts that exist currently with the statutory authority that’s granted to sheriffs in Colorado,” Lucero said.

A bill that went into effect in July allowed PCSO employees to form a union. The bill expands the rights of employees in counties with 7,500 people or more to unionize.

In a December election, approximately 150 PCSO employees voted to approve the IBPO as their union representative. The election results were quickly certified by the Colorado Department of Labor and Employment.

Shortly after the election, nearly 200 PCSO employees applied to join the union. More than 230 were eligible to do so.

Employees who are eligible include PCSO law enforcement and detention lieutenants, sergeants, deputies and employees in PCSO’s emergency services division. Executive officers such as the sheriff and the undersheriff, among a few others, are not allowed to join.

How the process has unfolded thus far

In a Feb. 21 email, Champion sent a letter of request to Lucero and the sheriff’s office to begin negotiations. After being asked by Peter Blood, a county attorney, what the union wanted to negotiate, Champion sent examples of previous CBAs before Lucero sent his letter.

The emails were shared with the Chieftain.

Champion, who, as regional director of the IBPO has overseen the formation of several other unions in multiple states and helped negotiate terms on members’ behalf, called Lucero’s response thus far “strange and unusual.”

He disputed Lucero’s assessments of the new law and shared that the union believes Lucero is “not happy that we’re here.”

“The sheriff is not trying to work this situation out,” Champion said. “He’s just basically saying, 'What the law says doesn’t relate to you. You’re not a valid union and I don’t have to discuss anything with you or allow you to represent your members.'”

The new law states that a county and its representative are obligated to negotiate in good faith and must be “reasonably available and necessary for full and proper discussion, understanding and negotiation” of what could be in a CBA, among other requirements.

Champion said the IBPO is exploring options to remedy the situation, one of which is to file an unfair labor practice claim against Lucero and the sheriff’s office, but no decision has been made.

“We won a ballot vote and are certified by the state of Colorado to represent Pueblo County sheriff deputies and that’s what we wish to do,” Champion said. “We will fight any way that we can to get that representation for our members.”

Union alleges retaliation against employee for union activity

Around the time of the election, Brad Riccillo, a PCSO deputy, became the subject of an internal affairs investigation by the sheriff's office, according to Champion. Riccillo was acting president of the IBPO Local 837 chapter during the election and is still in that role.

Champion alleged Lucero placed Riccillo under investigation because of his union activity and used the action to scare other officers from participating.

Under the new law, county employees have the right to self-organize, join, form, or engage in the collective bargaining process or other union-related activities.

Lucero disputed the union’s claim.

“Clearly, that wasn’t the case, but I can’t comment on a personnel matter,” Lucero said.

Lucero says other Colorado sheriffs have questions about new law

Lucero said his office a few weeks ago hosted a Zoom meeting in which sheriffs from other parts of the state discussed what the new law could mean for their offices.

In his letter, he wrote that there is a “growing accord” among Colorado sheriffs that the new law can’t be interpreted as a requirement for them to negotiate or discuss CBA terms that could interfere with their responsibilities or authority as sheriffs.

Lucero also mentioned that discussions are ongoing among sheriffs on how or where to seek clarity with the new law. He suggested the Colorado Attorney General’s Office could weigh in, a district court could rule on the matter, or that the state legislature could “clarify some of the ambiguity that exists in the statutes.”

If a district court had to make a ruling on the matter, Lucero said some sheriffs have discussed forming a coalition so that the “burden is not just borne by one county.”

“I want to be clear — I’m willing to come to a table and talk about certain things that I could negotiate with, but the list that I received was way outside of any of those things,” Lucero said.

Champion reiterated that the union wants to negotiate wages, benefits, disciplinary processes and anything else that affects the members’ employment.

Employees initially wanted to form the union so they could have a voice and had no issues with Lucero, Champion said. Some of them, however, now have an issue with the sheriff's decision to “fight them tooth and nail” to unionize, he said.

The IBPO represents law enforcement officers in departments across the U.S. The union’s Local 537 chapter represents more than 190 members in the Pueblo Police Department.

Chieftain reporter Josué Perez can be reached at JHPerez@gannett.com. Follow him on X, formerly Twitter, at @josuepwrites. Support local news, subscribe to The Pueblo Chieftain at subscribe.chieftain.com.

This article originally appeared on The Pueblo Chieftain: Pueblo sheriff Lucero requests to delay negotiations with police union