Judge overturns 2018 ballot measure increasing Houston firefighters' pay
A Texas district court judge ruled that Houston’s Proposition B—a 2018 charter amendment granting city firefighters pay parity with police—is unconstitutional.
Houston voters approved Proposition B in the November 2018 general election, 59 to 41 percent. The Houston Professional Fire Fighters Association led a citizen initiative campaign to place the measure on the ballot and it was designed to match city firefighters’ compensation to that of the Houston Police Department.
After Proposition B was approved, the Houston Police Officers’ Union (HPOU) filed a lawsuit against the amendment. The suit argued that the measure was unconstitutional because it conflicted with rules concerning collective bargaining and also a state law that directs that firefighters be paid comparably to similar employees in the private sector.
The city determined that Proposition B would require 29% pay increases to firefighters initially and that its implementation would cost between $80 and $100 million per year. Last month the city council approved laying off 220 firefighters and 110 municipal employees since Houston can’t increase taxes due to its annual revenue cap. Mayor Sylvester Turner, who opposed Proposition B, had argued that the city did not have a funding mechanism for it.
Judge Tanya Garrison issued her ruling on May 15 in favor of the police officers’ union, stating that Proposition B is preempted by state code regarding fire and police employee relations and that it violates Article XI, Section 5 of the state constitution. That section states, “no charter or any ordinance passed under said charter shall contain any provision inconsistent with the Constitution of the State, or of the general laws enacted by the Legislature of this State.”
Following the ruling, the Houston Professional Fire Fighters Association released a statement stating, “Two courts have ruled on the constitutionality of Prop B – one for, one against. We certainly will appeal this ruling. We will continue to strive to force Sylvester Turner to respect the will of 298,000 Prop B voters who sent a strong message that Houston should equally value its police and fire personnel."
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