A state district judge on Friday dismissed Houston firefighters’ lawsuit challenging the constitutionality of the city’s pension reform package, removing a potential barrier to the city’s efforts to solve a 16-year fiscal crisis.
State District Judge Patricia Kerrigan granted the city’s request to dismiss the case while denying firefighters’ motion to temporarily block the state law, known as SB2190, from going into effect Saturday.
Houston Firefighters’ Relief and Retirement Fund Chairman David Keller, meanwhile, said he was disappointed, adding that the board would discuss next steps with its legal team.
Kerrigan’s order gives the pension board the option to refile its lawsuit, which argued the reform law infringes on the fund’s exclusive right to select its own actuaries and choose the actuarial assumptions that will be used to determine contributions into the pension system.
See here for the background. I presume this will get appealed, but I kind of doubt it will get anywhere. One may wonder how it is that the relationship between the firefighters, who endorsed Turner for Mayor, and the Mayor has gotten so combative. I suspect it is more likely that the firefighters believed that despite Turner’s promises about pension reform he didn’t really mean to affect their pensions than it is that Turner was dishonest with them about what he intended to do. The firefighters, with some justification, have felt invulnerable for a long time. Having that come crashing down around them has got to be a tough thing to take. One also wonders how much previous Mayors, nearly all of whom have had tumultuous relationships with the firefighters, are getting a bit of grim satisfaction out of this. I mean, if the firefighters had ratified the contract agreement that their leadership agreed to with Mayor Parker in 2014, and if they had worked with Mayor Parker to pass a pension reform plan back in 2013, we wouldn’t be having any of this conversation now. Maybe they wouldn’t be any better off than they are now, but it’s hard to see how it would be any worse for them. I know, hindsight is 20-20, but surely some of this was foreseeable.