Houston City Council Reverses Pay Parity Firefighter Layoffs

Houston City Council on Wednesday formally reversed the 220 firefighter layoffs and hundreds of demotion it approved in April, making official Mayor Sylvester Turner’s pledge not to lay off or demote any firefighters in the aftermath of a judge’s ruling that Proposition B is unconstitutional.

Before a state district judge threw out Prop B, the voter-approved charter amendment granted firefighters the same pay as police of corresponding rank and seniority. Turner warned that Prop B would require layoffs to cover the raises, a point hotly disputed by the Houston Professional Fire Fighters Association. City council voted in April to send firefighters 60-day layoff notices, which city council voted to rescind Wednesday.

The council also voted to reverse what amounted to more than 400 demotions within the Houston Fire Department.

“This puts everything back the way it existed prior to that vote,” Turner said.

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The item passed unanimously after several council members raised procedural questions about the vote.

Councilman Dwight Boykins asked Turner if the layoff reversal would impact Fire Chief Sam Peña’s proposed department restructuring, which would move HFD from a four-shift to three-shift model — a move the union opposes. Turner confirmed that Wednesday’s vote has no bearing on the proposed shift change.

Councilwoman Brenda Stardig also asked Turner if the city has plans to recoup the raises paid to firefighters before Prop B was ruled unconstitutional. Some department employees received adjusted paychecks the week before the judge’s ruling.

Turner said his administration is “addressing how to deal with that issue,” suggesting that the city intends to eventually recover at least some of the funds.

“We’re being very sensitive, but the city cannot give a gift,” Turner said.

He later added that the city “could take it out of people’s paychecks right now. We haven’t done that.” The mayor said he sees the raises, which went to firefighters in May, as a “credit on future negotiations.” Turner said last month that he did not intend to “claw back” funds from any firefighter.

Stardig expressed concern about Turner’s point, saying she has heard some firefighters already have spent their raises.

Fire union President Marty Lancton criticized Turner for suggesting the city may attempt to recover some of the funds.

"The Mayor is once again blurring the lines between what is required by the law under collective bargaining and his political campaign, where anything goes,” Lancton said in a statement. “If any of this was legitimate, he would put it in writing and follow the law."

Councilman Michael Kubosh, an opponent of Turner during the Prop B dispute, suggested the city simply should vote to give firefighters raises, an idea previously floated by Councilman Dave Martin.

Turner shot down the idea, telling Kubosh that it would not be “the regular course of business” to award raises outside collective bargaining negotiations.

Days after the ruling, fire union officials asked Turner to enter arbitration to settle the contract dispute. Turner declined the union’s request, making clear he only would work out a new contract through non-binding collective bargaining negotiations.

At the time, Lancton said Turner had yet to contact the union about renewing negotiations, questioning whether Turner was willing to negotiate what firefighters would consider a fair raise.

Lancton also pointed to the city’s ongoing appeal in a lawsuit brought by the union in 2017 over a negotiation impasse; the union has said the city’s appeal amounts to an attempt to rule collective bargaining unconstitutional, which Turner has denied.

The same court considering that case — Texas’ 14th Court of Appeals — has taken up the fire union’s appeal of the Prop B ruling.

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