Mayor Sylvester Turner will ask Houston city council Wednesday to hire a law firm to advise the city on possible litigation related to the firefighter pay parity measure, setting in motion a potential court challenge to the item approved by voters earlier this month.
While the firefighters union has urged the city to return to the negotiating table, Turner has questioned whether the city could preempt the ballot measure approved by voters, suggesting a judge should settle the question first.
Firefighters and labor attorneys contend the mayor does not need to seek a judge’s opinion, saying Texas’ collective bargaining laws preempt the city charter.
The city still has not sought a legal opinion on the matter.
The mayor, who instructed each city department in September to submit plans for reducing their respective budgets by 3.4 to 5.2 percent, has remained tight-lipped about how he plans to make the cuts he has warned are needed to square the city’s budget.
The Chronicle submitted a public information request seeking copies of the departments’ budget-cutting memos, but the city has sought an opinion from the Texas Attorney General on whether the documents can be exempted from disclosure.
Several city departments — including the Administration of Regulatory Affairs, the Solid Waste Department, and Public Works and Engineering — declined to say how Prop B-related cuts would impact their services and referred all questions to the mayor’s office. Alan Bernstein, a mayoral spokesman, referred the Chronicle to the months-old memo asking departments to submit “reduction scenarios.”
Houston city council on Wednesday approved Mayor Sylvester Turner’s request to hire an outside law firm to provide the city with legal advice related to the firefighter pay parity measure approved by voters earlier this month, but not before cutting the contract’s potential cost in half.
Following a testy discussion that lasted nearly 80 minutes, council gave the green light on a 9-7 vote for a contract worth up to $500,000 with Norton Rose Fulbright, a global firm with ties to the political action committee that backed the campaign to oppose Proposition B.
The ballot item, approved by voters on Nov. 6, grants Houston firefighters equal pay to police officers of corresponding status.
The firm is likely to help Turner’s administration address what has become a core question in the post-election debate over Prop B: whether state law in the form of a collective bargaining contract preempts the city charter. Council on Wednesday also adopted the pay parity item as a charter amendment, a procedural formality.
Turner told reporters after the meeting that he would have legally challenged Proposition B before the election, but found legal precedent that said such a move had to wait until voters approved the measure.
“There’s only one issue right here: whether or not it was preempted by state law,” Turner said. “If a judge should come back and say to the City of Houston it wasn’t preempted by state law, then we’ll have to move very quickly to implement it.”
Basically, as I see it there are three possible outcomes:
1. The lawyers tell the city that Prop B does not conflict with the state law on collective bargaining, thus paving the way for Mayor Turner and the firefighters to sit down and hash out an agreement on how to implement Prop B in a way that doesn’t kneecap the city financially. This is the firefighters’ preferred resolution.
2. The lawyers tell the city that Prop B does conflict with the state law on collective bargaining, and that the city would likely win a lawsuit because of that, or because of some other reason. You know what happens next in this case.
3. The lawyers tell the city that Prop B does conflict with the state law on collective bargaining, and that the city would likely lose a lawsuit. This way leads to budget cuts, layoffs, quite possibly litigation from one or more of several other groups – the firefighters, the police who are threatening their own legal action anyway, some other aggrieved citizens – and an unknown amount of chaos going into the 2019 election. At least it won’t be boring.