The city of San Antonio on Friday morning filed lawsuits against the police and fire unions, whose collective-bargaining agreements expired earlier this year, asking a state district judge to decide whether a 10-year "evergreen clause" violates the Texas Constitution.


Former City Attorney Michael Bernard, who has joined the city's collective-bargaining negotiating team, said the City Council is facing "significant budget deadlines" because it budgeted less money for fiscal year 2015 than what it would cost to fund the expected cost of health care for uniform personnel and their families. New health care plans kick in Jan. 1, and the city's budget calls for $1.6 million per month in reductions to health care spending beginning in January.


The union contracts, which were approved by the council in 2009, effectively last until 2024 in "evergreen" status, meaning that the city must continue to meet the terms of the expired contract for up to a decade unless a new contract is signed.


The suits focus specifically on the evergreen clause and don't make allegations against the unions themselves, Bernard said. If the court decides that the clause violates the Texas Constitution, then the contract itself would expire.


Without a contract in place, the unions would likely have to work under the state's civil service laws. That could force them to agree to a contract they might not otherwise accept.


The San Antonio Police Officers Association and the city have been negotiating since March but have yet to even come close to an agreement on health care and salary increases for a new contract. The San Antonio Professional Firefighters Association has yet to schedule its first bargaining meeting. The unions' contracts expired Sept. 30.


Bernard said the city hopes to continue negotiations while the lawsuit is tried in court, a process that will take at least several months.


Police union President Mike Helle has said that it would be "unfortunate" if the city decided to sue the union. Fire union President Chris Steele has accused City Manager Sheryl Sculley and Mayor Ivy Taylor of wanting to trash their signed agreement.


"This is wrong in so many ways," Steele said in a press release. "We have a signed agreement and now Sheryl Sculley and Mayor Ivy Taylor want to trash that agreement. I will be calling in several state organizations to investigate the wrongdoings coming out of City Hall."


The statement did not identify which state organizations Steele was referring to.