Houston City Council Member Edward Pollard hopes to renegotiate and revise the 180-day misconduct rule in the firefighter settlement agreement.
In a letter addressed to Mayor John Whitmire and Houston Professional Fire Fighters Association President Marty Lancton, the District J councilmember wants to spur city leaders to move forward on an issue that has plagued the city for years.
180-DAY RULE EXPLAINED
The 180-day misconduct rule is viewed by many as controversial because detractors argue it does more to protect and benefit abusers than victims of abuse by limiting the city’s ability to investigate misconduct after 180 days from the incident, regardless of when the misconduct is discovered.
Pollard told the Defender: “Pursuing a change to the 180-day rule is essential right now because this moment demands accountability and justice. Recent events have shown us the real harm caused when systems fail to protect victims and instead shield abusers. By addressing this rule, we’re not only fixing a policy that undermines trust but also sending a clear message that Houston will not tolerate workplace misconduct, discrimination, or harassment—no matter how long it takes for the truth to come to light.”
“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.
CURRENT ISSUE
The “current event” to which Pollard referred is the City Council’s current consideration of an $850,000 settlement payment to a former female firefighter who endured sexual harassment on the job.
“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—a situation that could have been avoided if proper mechanisms for accountability were in place,” Pollard explained in the letter.
WHITMIRE’S RESPONSE
According to a spokesperson for Whitmire, the mayor is not convinced Pollard’s motivations are sincere.
“The council member’s letter attempts to play politics on a very serious issue and does not accurately represent the relevant facts. The incident occurred during the previous administration, and the firefighter in question is no longer with the department. The firefighters’ union contract reflects state law and the same in this regard as in previous contracts,” Whitmire’s spokesperson told the Defender.
PROTECTING VICTIMS
Pollard believes 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. 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,” he added.
After a protracted “battle” between Whitmire and City Controller Chris Hollins over certifying the Houston Firefighter’s deal (ensuring the city can pay for the $650 million in public safety bonds to compensate Houston firefighters for eight years of overdue back pay), Hollins certified the deal in July.
Pollard, one of just three council members to vote against the settlement due to concerns over its cost and their desire to push it to a public vote, requests Whitmire and Lancton renegotiate only the part of the agreement involving the 180-day misconduct rule.
Tiffany Thomas and Mary Nan Huffman were the other two council members to vote no.
POTENTIAL PRECEDENT
This issue impacts Houston women, and Black women in particular, because Black women are already the least likely of all women to enjoy such protections against abuse. This 180-day rule, viewed by Pollard as undercutting protections against abuse for women, comes at a time in the nation (and in Texas in particular) when women’s rights and protections have been steadily eroding.
Though this 180-day agreement only impacts firefighters, it could very well serve as a template for reducing the protection of women against abuse in all other professions.
Pollard cited as precedent negotiations engaged in by the Houston Police Department, which resulted in HPD changing its 180-day policy.
Lancton had not responded to requests for comments by the date of publication.
