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Prop B ruled unconstitutional

Oh, my.

A state district judge on Wednesday ruled Proposition B, the voter-approved measure that grants Houston firefighters the same pay as police of corresponding rank and seniority, unconstitutional and void.

The ruling came in a lawsuit brought in November by the Houston Police Officers’ Union, which contended that the city charter amendment conflicts with the Texas Constitution.

In her ruling, state District Judge Tanya Garrison found that Chapter 174 of the local government code preempts Prop B. The city, which was named in the police union’s suit, has alleged that the parity measure section conflicts with a provision of Chapter 174 tying compensation for firefighters and police officers to that of comparable private sector employees.

Mayor Sylvester Turner briefly stopped the weekly city council meeting to announce the ruling. The fire union quickly announced it would appeal.

After the council meeting, Turner said the 60-day layoff notices he proposed and council approved sending in recent weeks to 220 firefighters and more than 110 fire cadets and municipal workers to help close a budget deficit exacerbated by Prop. B would be rescinded, along with hundreds of proposed demotions within HFD.

Turner cast the ruling as a “tremendous positive” for the city as a whole, saying he hoped it could spur a “reset” to reduce widespread acrimony over the issue. He also stressed that firefighters deserve a pay raise and looked forward to negotiating one with union leaders.

“They’re deserving of a pay raise that the city can afford and I do look forward to sitting down and talking with them about what would be an acceptable pay raise within the confines of the city’s financial capability,” Turner said. “We’ll do everything we can to move it forward.”

A release with the Mayor’s comments following the ruling, which came down while Council was in session, is here. Judge Garrison had sent the parties to mediation originally, saying she didn’t want to get involved if they could work it out among themselves. They did not, and so here we are. You can see a copy of her ruling here, which is an order granting summary judgment to the plaintiffs, the HPOU. The city is listed as the defendant and their motion was also granted, while the HPFFA’s motion was denied; someone who understands the law way better than I do will hopefully step in to explain how all that worked. Be that as it may, the firefighters will appeal, but that almost certainly means the city is off the hook for this fiscal year, possibly for the foreseeable future.

Firefighters get Prop B back pay

Good for them.

The city of Houston on Friday issued lump-sum paychecks to more than 3,900 firefighters, a move Mayor Sylvester Turner said reflects the implementation, retroactive to Jan. 1, of Proposition B, the measure granting firefighters the same pay as police of corresponding rank and experience.

Marty Lancton, president of the Houston fire union, said that contrary to the mayor’s “Orwellian claims,” the paychecks did not fully equalize base and incentive pay between fire and police, as laid out in Proposition B. Lancton said the city “badly botched” implementation of the measure.

The back pay, worth $27.4 million, comes a week after Turner and the Houston Professional Fire Fighters Association ended court-ordered mediation without an agreement to phase in the raises over several years.

[…]

For now, the fire department’s biweekly payroll will increase from about $10.2 million to $12.3 million, Turner said. The city has dipped into its reserves to fund raises from Jan. 1 through June 30, which Turner said will cost $31 million. Lancton also has questioned the accuracy of that figure.

Both sides, meanwhile, are awaiting a state district judge’s ruling in a lawsuit brought by the Houston Police Officers’ Union, in which the police union and city have alleged Prop B violates the Texas constitution.

I don’t have anything to add to this, I’m just noting it for the record. I look forward to the day when I will be able to get all of this out of my brain, as I hope to do with Game 6 of Rockets-Warriors.

Mediation fails to achieve Prop B agreement

I have three things to say about this.

Houston Mayor Sylvester Turner on Friday said a court-appointed mediator has declared negotiations between the city and firefighters union over the implementation of Proposition B at impasse, potentially leaving the future of the measure in the hands of a state district judge.

The announcement ends what had appeared to be some progress toward resolving the months-long dispute over how to phase in raises to firefighters required by the pay parity measure voters approved last November. The charter amendment requires the city to pay firefighters the same as police of corresponding rank and experience.

[…]

State district Judge Tanya Garrison had ordered the city, firefighters and the Houston Police Officers Union into non-binding mediation three weeks ago. Garrison’s order came as part of a legal battle between the three sides over the constitutionality of Prop B; she declined to rule on that issue until the three parties reached a settlement on implementation or an impasse was declared by the third-party mediator.

The three groups had met at least three times since.

At issue is how to implement the raises. The fire union has said it would ask its members to consider a three-and-a-half-year phase-in as long as no firefighters are demoted or laid off. Turner had said the city cannot avoid layoffs unless Prop B raises are phased in over five years.

At a Friday morning press conference, however, Turner said the city had agreed to the fire union’s previous offer to phase in the raises over three and a half years, with no firefighters demoted or laid off.

Turner said the union then refused to accept that agreement, as well as another offer that would have given it hundreds of millions of dollars in a block grant-like arrangement that the union could use at its discretion.

He accused the union of repeatedly “moving the goal posts,” and said that agreeing to its full demands would devastate Houston’s finances and credit rating.

“The city cannot go beyond what we have proposed without bankrupting the city,” he said. “As long as I am mayor, we are not going to bankrupt this city. Everyone in the city would pay the price.”

Mediator David Matthiesen did not respond to a request for comment Friday.

In a statement, the fire union said it had agreed to take a four-year phase-in to its members if pay parity was implemented “effective immediately,” the city agreed to no layoffs and if the city disclosed “what each firefighter will earn in salary and incentive pay.”

HPFFA President Marty Lancton also said the city demanded in negotiations that Prop B be rescinded and declared unconstitutional, a request he adamantly opposed.

“Citizens’ rights to petition the local government must be protected,” he said.

1. You really have to admire Marty Lancton’s ability to keep the focus of this debate on one point, which is the pay raise that the voters agreed to give the firefighters. The fight here is not over whether or not to implement Prop B, it’s over how to do it. That’s what the mediation was about, that’s what the layoffs are about. The firefighters don’t like the way the city is implementing Prop B and have been complaining nonstop – and very successfully, at least from a short term political perspective – about it. Their grievance is that some firefighters will be laid off, and some others demoted, in order for the city to pay for Prop B. If the city had decided instead to lay off police officers, solid waste workers, and more municipal employees instead, there’s nothing in the firefighters’ rhetoric to suggest they’d have had a problem with that. Beyond the fact that it was clear from the beginning that the city could not afford Prop B, this right here is why I don’t have much sympathy for the firefighters.

2. That said, part of the litigation that was brought by the police officers’ union was a claim that Prop B is illegal and should be invalidated by the court. The argument here is that the pay parity law conflicts with state law about collective bargaining. I Am Not A Lawyer, and I have no insight into that question. I had thought originally that the litigation over Prop B would follow the template of previous lawsuits over city referenda and be about ballot language. I was wrong about that, which is why I like to emphasize my not-a-lawyer status in these matters. Be that as it may, it seems like a big stretch to get an election overturned. I will be surprised if Judge Garrison (who, full disclosure, is a friend of mine) rules for the plaintiffs. But again, I Am Not A Lawyer, so place your bets at your own risk.

3. The last couple of paragraphs in this story are about how the people other than Sylvester Turner who are running for Mayor are also critical of his handling of Prop B implementation, without a single word being quoted about what these alternative Mayors think should be done instead. They don’t like what the Mayor is doing, they oppose what the Mayor is doing, but what would they be doing if they were Mayor? You cannot tell from reading this story. Perhaps the reporter chose not to include what they said about that, perhaps the story editor excised it for space, or perhaps none of them had anything useful to say on the topic. You can probably guess which one I think it is.

Layoffs and demotions

I’m so ready for this to be resolved.

Houston firefighters have started to receive layoff notices amid the implementation of Proposition B, Houston Professional Fire Fighters Association President Marty Lancton said in a statement Wednesday.

Houston City Council voted last week to layoff 220 firefighters to help offset firefighter raises mandated by the voter-approved proposition. The union said the firefighters received the notices via email Tuesday in what Lancton called a “slash-and-burn plan” from Mayor Sylvester Turner.

Lancton also expressed disappointment with Houston Fire Chief Samuel Peña over the layoffs.

“We are deeply disappointed that Samuel Peña has become the first fire chief in Houston history to willingly execute mass layoffs and demotions of firefighters,” Lancton said in a statement. “From the city’s founding to the Great Depression, to two world wars and deep downturns of the energy industry, no fire chief had taken this course of action until today. Chief Peña now is alone among all Houston fire chiefs in that dubious distinction.”

Hundreds of HFD personnel also received demotion notices Wednesday, according to a letter provided to Chron.com. The firefighters union estimates upwards of 450 HFD personnel will be demoted.

This all follows a week in which CM Dwight Boykins made some loud claims about Council not being briefed about demotions, only to be smacked down by other Council members and HFD Chief Pena. Meanwhile, mediation is still underway, so the chance remains that all this can be reversed. (Or maybe not.) Pour yourself a drink and sit for awhile.

Also, too: This is the part where I point out that for all of the artillery being aimed at Mayor Turner, I’ve yet to see any suggestion for what alternatives exist to all this. Here are the constraints that must be satisfied:

– Prop B implemented, with the accompanying increase in expenditures by the city.
– No layoffs or demotions.
– The budget must be balanced, as mandated by city charter.
– The city cannot raise any new revenue beyond what is allowed by the revenue cap, which in the past five years has cost the city half a billion dollars via mandated tax cuts.

Feel free to leave your suggestions in the comments. If you say that’s not your job, that’s the Mayor’s job, I’ll say sure, but we have a couple of Mayoral wannabees who are busy lobbing spitballs about this without offering any of their own ways forward. (Though, in fairness, one of them is busy engaging in silly Twitter fights, so at least he has his priorities straight.)

Council approves firefighter layoffs

And here we are.

City Council voted Wednesday to send 60-day layoff notices to 220 Houston firefighters to help pay for Proposition B, the voter-approved measure giving firefighters equal pay to police officers of corresponding rank and experience.

The 10-6 vote followed more than two hours of discussion. Mayor Sylvester Turner and the Houston Professional Fire Fighters Association, meanwhile, continue to meet in mediation over how to implement Prop B.

Turner estimates the raises will cost the city roughly $80 million annually. He repeatedly has said that unless the union agrees to phase the raises in over five years, hundreds of firefighters and municipal employees will face layoffs.

The union has agreed to a phase-in over three and a half years, though Turner maintains that time frame would still necessitate some lay-offs.

Turner and the union will meet again Monday, but they face a looming deadline: The city must approve a balanced budget for the next fiscal year by July 1.

See here and here for the background. I’d have preferred a more decisive vote if I were Mayor Turner, but the die has been cast nonetheless. Maybe this will provide some incentive for a mediated agreement to be reached. If that happens soon, there would be time for Council to rescind this vote. Let’s say I’m not optimistic, but I won’t mind being wrong.

UPDATE: A later version of the story says who voted how:

For the layoffs: Jerry Davis, Ellen Cohen, David Martin, Greg Travis, Karla Cisneros, Robert Gallegos, Martha Castex-Tatum, David Robinson, Amanda Edwards and Jack Christie

Against: Dwight Boykins, Mike Laster, Mike Knox, Michael Kubosh, Steve Le and Brenda Stardig

I’m mildly surprised by Mike Laster, but otherwise this is about what I would have expected.

UPDATE: CM Travis’ office has emailed me to say he was not in attendance at Council yesterday due to a death in the family. As such, the vote was 9-6.

Off to mediation we go

Hope for the best, y’all.

Mayor Sylvester Turner

Mediation soon will begin in a lawsuit between the Houston police and firefighters unions over Proposition B, the voter-approved measure that gives firefighters equal pay to police officers.

In a Monday morning filing, State District Judge Tanya Garrison ordered the Houston Police Department, Houston Professional Fire Fighters Association and the city to meet Monday or Tuesday.

The parties last week agreed to turn to mediator Dave Matthiesen over Prop B, though representatives from the HPFFA said they would need more time to brief members.

In her filing, Garrison pushed back against HPFFA’s claim, saying it had plenty of time to prepare for mediation. She also ordered the parties to continue meeting until “a settlement is achieved” or “in the sole determination of Mr. Matthieson, they have reached an impasse.”

[…]

At a press conference Monday, some members of City Council joined with municipal employees to reiterate their support for mediation and a five-year phase-in.

Among the first positions cut will be librarians, dental assistants, custodians, a park ranger and an electrician, District I Councilman Robert Gallegos said.

“It’s totally unfair to them,” he said. “I don’t believe this is what Prop B is about and I’m sure that’s not what the voters intended. Firefighters do deserve a pay raise, but not at the expense of innocent municipal employees.”

See here for the background. Matthiesen is an attorney and Democratic supporter who is well known to all parties involved, so at least that was easy enough. I don’t envy him the task, but maybe everyone’s ready for this to be over already. As the story notes, Council will still proceed with voting on layoffs tomorrow, as this is part of the budget work. My guess is that this can be unwound if a suitable agreement is reached, but it’s also a bit of pressure on the firefighters, as this is where it officially gets real. I do wish the story had listed all the Council members at that press conference, if only so we can have a clearer idea of what the whip count looks like right now, but we’ll find out soon enough.

Mediation ordered in Prop B lawsuit

This ought to be interesting.

A state district judge on Thursday ordered the city, the Houston Professional Fire Fighters Association and the Houston Police Officers’ Union to enter into mediation as they seek to resolve lingering differences over the implementation of Proposition B, the measure granting firefighters the same pay as police of corresponding rank and seniority.

Judge Tanya Garrison of the 157th Civil District Court ordered the mediation after hearing arguments in a lawsuit seeking to invalidate the pay parity amendment. During the hearing, Garrison said she would not issue a ruling on the case “any time soon,” concluding it would only set back ongoing negotiations to phase in firefighters’ Prop B-mandated raises.

“If I make a decision on this one way or the other … it will be the equivalent of throwing a bomb in the middle of the attempts to negotiate a resolution,” Garrison said.

The judge gave the parties until noon Monday to agree on a mediator. The court would appoint a mediator if they cannot settle on one.

The mediation is mandatory but not binding.

The mediator may suggest ways to resolve the dispute but cannot impose judgment, according to a list of rules attached to Garrison’s court order. If the parties do not voluntarily agree to a settlement, the issue returns to Garrison.

See here, here, and here for the background. As long as the mediator isn’t Tony Buzbee, I’m sure it will be fine. As a reminder, City Council will vote on the layoff plan on Wednesday (the agenda item was tagged last week), so perhaps that will provide some incentive to make things happen. In other news, the city provided financial data that the firefighters’ union had been demanding, though whether that will settle that argument or be the cause of further arguments remains to be seen.