What's happening?
The discussion started in November when council member Edward Pollard sent an open letter Nov. 26 to Mayor John Whitmire and union President Marty Lancton, urging them to bring the contract back to negotiation to amend a misconduct procedure.
According to state law, the misconduct policy cites that the city can only take disciplinary action on a firefighter within 180 days after the misconduct occurred, not when it was discovered. Council members and city officials are now looking to change that rule.
"Amending this rule is essential to ensure that bad actors are not emboldened to commit sexual harassment or discrimination without fear of consequences," Pollard said in his letter. "As currently written, the 180 day rule benefits abusers rather than protecting the victims of misconduct. 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."
Pollard's letter comes while City Council is considering an $850,000 settlement with former firefighter Melinda Abbt, who sued the city in 2022 after experiencing sexual harassment in 2008.
What they're saying
Houston Mayor John Whitmire during the Dec. 4 council meeting said that council members are politicizing the issue and causing harm to the victim by "putting it on the front page."
"This is not the debate about 180 days either from discovery or from the incident, that should be debated in the hall, in the legislature, another day, another time," Whitmire said during the meeting.
Pollard read out a statement from Abbt that said she is pleased the city of Houston is "carefully considering her case and the consequences of the current rules." Pollard said city council does not have to depend on the state legislature to change this rule as it pertains to the contract between the city and the firefighter union.
"What we're doing right now is trying to find a way to correct the wrong, one that council member [Abbie] Kamin and many of us have brought forward in the past," Pollard said.
Kamin called the procedure "draconian" and said she wants to figure out how many incidents occurred but no actions were taken because of the date of discovery.
"It's my understanding that because of the rules that are currently in place that I believe are quite draconian, it is costing the city," Kamin said. "There is a financial cost to these rules."
City attorney Arturo Michel said that he would like to separate the lawsuit and the 180 day rule.
"In this instance, I would like to see this come to closure," Michel said during the meeting. "It doesn't become final until council takes action."
What's next?
The $850,000 settlement was tagged by Kamin Dec. 4, preventing a vote. However, the item will return to council at next week's meeting, Dec. 11.
