Houston City Councilmember Edward Pollard sent a letter to Mayor John Whitmire and the firefighters’ union urging a renegotiation of the recently approved labor agreement in order to amend a controversial rule. 

The letter focuses on the 180-day rule, a misconduct rule that, in this case, says that the investigation, indefinite suspension, or termination of a firefighter guilty of misconduct has to happen within 6 months of the date of the incident. Pollard wants the rule changed to start the 6-month clock once the incident is reported, not once it occurs. The police and municipal employee unions have previously altered the rule in their respective labor agreements to match what Pollard is currently seeking. 

During the firefighter labor agreement negotiation over the summer, the rule was a sticking point for some council members, although their concerns did little to change it in the final agreement.  

“While I deeply respect and value the essential work that our firefighters do to protect our city, I firmly believe this provision could have serious long-term consequences for the integrity of our Fire Department and the trust placed in it by Houstonians, and I urge both sides to return to the negotiation table to revisit this issue, especially in light of current events,” Pollard wrote. 

The event he referenced resulted in an $850,000 settlement amount that has now come before the council twice and was delayed both times. The settlement is for a former firefighter, a woman who was a victim of sexual harassment years ago. 

“Her case highlights the very real consequences of insufficient protections in our workplace policies. Because of the 180-day rule, she was forced to pursue legal action against the city to seek justice in a situation that could have been avoided if proper mechanisms for accountability were in place,” wrote Pollard. 

In 2017, a firefighter in Houston’s East End discovered that in 2008, a fellow firefighter had taken a private video intended for her husband from her personal laptop. Aside from watching the video himself, he shared it with another firefighter. Last year, he was found liable in court, and while he was demoted, he was not fired because the incident came to light well after 180 days. He ultimately resigned this year. 

“Amending this rule is essential to ensure that bad actors are not emboldened to commit sexual harassment or discrimination without fear of consequences. As currently written, the 180-day rule benefits abusers rather than protecting the victims of misconduct,” Pollard wrote. “By barring investigations more than 180 days after the alleged incident, regardless of when the misconduct is discovered, we create an untenable standard that leaves employees vulnerable and erodes trust in our public institutions.” 

At this week’s council session, Controller Chris Hollins joined the conversation but was cut off by Whitmire. 

“The more you talk about the settlement, you’re harming the victim. The victim is being politicized much to her distress, her family’s pain and suffering,” he said. “It was years before she discovered the abuse, and she’s living in hell because it ended up on the front page of the Chronicle.” 

Charles Blain

Charles Blain is the president of Urban Reform and Urban Reform Institute. A native of New Jersey, he is based in Houston and writes on municipal finance and other urban issues.

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