Help us improve in just 2 minutes—share your thoughts in our reader survey.

Houston, Texas, Proposition B, City Firefighters Charter Amendment (November 2018)

From Ballotpedia
Jump to: navigation, search
Local ballot measure elections in 2018
Proposition B: Houston Firefighters Charter Amendment
LocalBallotMeasures Final.png
The basics
Election date:
November 6, 2018
Status:
Approveda Approved
Topic:
Local charter amendments
Related articles
Local charter amendments on the ballot
November 6, 2018 ballot measures in Texas
Harris County, Texas ballot measures
Local law enforcement on the ballot
See also
Houston, Texas

A charter amendment concerning firefighters' pay was on the ballot for Houston voters in Harris County, Texas, on November 6, 2018. It was approved.

A yes vote was a vote in favor of amending the city charter to grant pay parity with the Houston Police Department to Houston firefighters.
A no vote was a vote against amending the city charter to grant pay parity with the Houston Police Department to Houston firefighters.

Proposition B was put on the ballot as a citizen initiative. The Houston Professional Fire Fighters Association campaigned for the initiative.

Aftermath

Proposition B ruled unconstitutional by district court

On May 15, 2019, Judge Tanya Garrison of Texas District Court 157 ruled against Proposition B, stating that the measure "is unconstitutional and void in its entirety." The ruling granted the Houston Police Officers' Union's motion opposing Proposition B. The proposition was designed to match city firefighters' pay to that of city police officers. Judge Garrison denied the motion in defense of Proposition B made by the Houston Professional Fire Fighters Association, stating that the measure conflicted with state collective bargaining laws.[1]

Response from mayor

Houston Mayor Sylvester Turner stated that the ruling would immediately end the 29 percent raises for firefighters enacted under Proposition B. He also tweeted, "Prop B being ruled unconstitutional means there will be no layoffs of city workers and no demotions in HFD. I have always said firefighters are deserving of a pay raise. I look forward to working with them on a pay raise within the city's budget."[1]

Response from firefighters' union

The Houston Professional Fire Fighters Association said in a statement following the ruling, "We will continue to strive to force Sylvester Turner to respect the will of 298,000 [sic] Prop B voters who sent a strong message that Houston should equally value its police and fire personnel."[2]

Proposition B upheld as constitutional by appeals court

On July 29, 2021, the Texas Fourteenth District Court of Appeals reversed the district court's order, ruling that Proposition B was constitutional. Judge Meagan Hassan wrote, "Preemption is not a conclusion lightly reached — if the Legislature intended to preempt a subject matter normally within a home-rule city’s broad powers, that intent must be evidenced with ‘unmistakable clarity'."[3] The case was sent back to the district court.[4]

Marty Lancton, president of the Houston Professional Fire Fighters Association, responded that Mayor Turner is "running out of options and he just needs to stop, sit down with us and get this issue resolved, once and for all."[3] City Attorney Arturo Michel responded, "The City of Houston respectfully disagrees with today's Fourteenth Court of Appeals decision where, in a divided 2-1 vote, the majority reversed the trial court's determination that the firefighter pay parity charter amendment was unconstitutional."[4]

Election results

Houston (Full and Limited) Proposition B

Result Votes Percentage

Approved Yes

291,964 59.24%
No 200,903 40.76%
Results are officially certified.
Source

Text of measure

Ballot question

The ballot question was as follows:[5]

Shall the City Charter of the City of Houston be amended by adding a separate section that reads as follows:


The City of Houston shall compensate City firefighters in a manner and amount that is at least equal and comparable by rank and seniority with the compensation provided City police officers including:

a. Persons employed in the following firefighter classifications shall receive the same base pay as persons of like seniority employed in the following, similarly numbered police officer classifications: Firefighters- 1. Probationary firefighter, 2. Firefighter, 3. Engineer/Operator, 4. Captain, Inspector, Investigator, Communications Captain, Mechanic, 5. Senior Captain, Senior Inspector, Senior Investigator, Communications Senior Captain, Shop Supervisor, 6. District Chief, Assistant Arson Investigator, Chief Inspector, Chief Communications Officer, Master Mechanic, 7. Deputy Chief, Arson Investigator, Assistant Fire Marshal, Deputy Chief Communications Officer, 8. Assistant Fire Chief, Fire Marshal, 9. Executive Assistant Fire Chief Police Officers-1. Probationary Police Officer, 2. Police Officer, 3. Senior Police Officer, 4. Sergeant, 5. Lieutenant, 6. Captain, 7. Captain (with an additional 15% for parity), 8. Assistant Police Chief, 9. Executive Assistant Police Chief; In the event the title of any of the above classifications shall be changed, the new classification most similar in terms of qualifications and duties to the old shall be substituted therefore, to achieve pay parity;

b. Firefighters employed in fire suppression shall receive the same incentive pay as police officers, of like seniority, employed as patrol officers;

c. Firefighters shall receive the same training pay as police officers of like seniority;

d. Firefighters employed as arson investigators shall receive the same investigative incentive pay as police officer investigative personnel of like seniority and investigative experience;

e. Firefighters who serve as Field Training Officers shall receive the same Field Training Officer training pay as police officers who serve as Field Training Officers;

f. Firefighters shall receive mentoring pay in the same amount and on the same basis as police officers;

g. Firefighters classified as arson investigators, inspectors, communications captain, senior inspectors, senior investigators, communications senior captain, assistant arson investigator, chief inspector or chief communications officer shall receive the same weekend premium and shift differential pay in the same amount and on the same basis as police officers qualified to receive such pay;

h. Firefighters shall receive educational incentive pay in the same amount and on the same basis as police officers entitled to receive such pay;

i. Firefighters shall receive college tuition reimbursement in the same amount and on the same basis as police officers entitled to receive such reimbursement;

j. Firefighters shall receive the same clothing allowance (or similar benefit) paid to police officers, in addition to any protective clothing and equipment provided by the City;

k. Firefighters shall receive the same equipment allowance (or similar benefit) paid to police officers;

l. The City shall make the same contribution to the Houston Professional Firefighters Association Medical Trust that it does to the Texas Police Trust; and

m. To the extent that the names of any of the forms of pay or benefits identified above are changed, the requirement of parity for firefighters to police officers shall continue to apply; In addition, if any new form of pay or benefit is provided to police officers, the same shall also be provided to firefighters?[6]

Full text

The full text of the measure is available here.

Path to the ballot

See also: Laws governing local ballot measures in Texas

This measure was put on the ballot through a successful citizen petition campaign.

The Houston Professional Fire Fighters Association collected signatures from registered Houston voters in 2017 in order to place Proposition B on the ballot. Initiative proponents must collect signatures equal to 15 percent of the total votes cast for mayor of Houston at the previous mayoral election. For the November 2018 election, the requirement was 20,000 signatures. The firefighters' union submitted approximately 32,000 signatures, of which 20,228 were verified by the office of the city secretary on May 3, 2018.[7]

See also

External links

Footnotes