Eric de la Riva wins appeal, restored to eligibility for El Paso Fire Department promotion exam

The El Paso Civil Service Commission on Thursday voted to overturn the El Paso Fire Department's disqualification of firefighter Eric de la Riva, restoring his eligibility to take a promotional examination and be placed on the department's eligible list.

Andrea Gonzales, departmental human resources manager for the El Paso Fire Department, told the commission the city sought to uphold the disqualification under Rule 5 because de la Riva was charged with a misdemeanor assault that causes bodily injury and the department treats such offenses as safety-sensitive. Gonzales said state licensing bodies — the Texas Commission on Fire Protection and the Texas Department of State Health Services — had allowed de la Riva to continue working under his certifications. "He was disqualified from taking a written exam," Gonzales said, adding the department considered misdemeanors and felonies safety-sensitive.

Eric de la Riva told commissioners he previously appealed a similar disqualification in 2024 but that appeal was denied because his probation had not been completed. He said he successfully completed all court-ordered conditions in October 2025, served a 30-day suspension without pay, and has since continued performing departmental duties. "This single incident does not define my character nor does it diminish my ability to perform my duties and responsibilities of a fire suppression technician," de la Riva said, asking the commission to consider his qualifying experience and continued service.

Commissioners and legal counsel focused on whether the conviction was "job related" under Rule 5, section 1(b). Legal counsel told the commission the HR determination that the offense was job-related could be overturned by the commission and that whether the incident poses liability or reflects a pattern would depend on facts the commission weighs. Commissioners asked about operational duties and whether the incident reflected a loss of self-control that might reappear in life-or-death situations; de la Riva said it was an isolated incident and that he had served the city for about 17 years.

A motion to overturn HR's disqualification was made and seconded. The clerk recorded the vote as four in favor, none opposed, one abstention and one member absent; the chair announced the appeal approved and de la Riva restored to the eligible list. The commission adjourned at 6:22 p.m.

What happens next: The commission's action allows de la Riva to take the promotional exam and be placed on the eligible list; the transcript did not specify any additional conditions or deadlines tied to the commission's decision.