The city of Houston on Monday asked the Texas Supreme Court to weigh in on a recent appellate court ruling that rejected Mayor Sylvester Turner’s attempt to strike down a key provision of state law governing how firefighters negotiate their wages and benefits.
The case stems from a 2017 lawsuit filed by the Houston Professional Fire Fighters Association, which claims Turner’s administration did not negotiate in good faith during failed contract talks between the city and fire union that year.
As part of that lawsuit, the firefighters invoked a provision of state law that allows a state district judge to set their pay after Turner declined to enter contract arbitration. The city responded by arguing it was unconstitutional for judges to determine the pay of firefighters and police officers without firmer guidelines for doing so.
In an appeal filed Monday, attorneys representing the city asked Texas’ highest civil court to reverse a ruling last month by Texas’ 14th Court of Appeals, in which a panel of justices found the provision challenged by the city does not run afoul of the Texas Constitution’s separation of powers clause, which prohibits one branch of government — the judiciary, in this case — from exercising power that belongs to another branch.
Under state law, public employers must provide firefighters and police officers with “compensation and other conditions of employment” that are “substantially the same” as those of “comparable private sector employment.”
In the Supreme Court filing, the city contended that provision does not provide specific enough guidelines for courts to determine firefighter pay, an argument that was rejected by the appeals court in May. Still, city attorneys wrote in the latest filing that the law governing police and firefighter compensation has “existed under a legal cloud with respect to the unconstitutional delegation of legislative power accomplished by this judicial enforcement mechanism.”
See here and here for the background. This is too technical for me to have an opinion about the merits, but as I said before it would not have bothered me if the city had accepted the ruling and gone ahead with the judge setting the firefighters’ pay. I recognize that the downside risk of this for the city is getting a number they would not like, and if nothing else the appeal buys them some time. We’ll see how long it takes SCOTX to handle this.
One more thing:
Meanwhile, firefighters are collecting signatures for a charter amendment that would make it easier to bring contract talks with the city to binding arbitration. Union officials say they are aiming to place the measure on this year’s November ballot.
Insert your favorite GIF of someone shrugging their shoulders here.