7/30/2018 9:11 AM Chris Daniel - District Clerk Harris County Envelope No. 26347105 By: Nelson Cuero Filed: 7/30/2018 9:11 AM Cause No. HOUSTON PROFESSIONAL FIRE FIGHTERS ASSOCIATION IAFFLOCAL 341, Plaintiff, v. MAYOR SYLVESTER TURNER, in his official capacity, and COUNCIL MEMBER DAVE MARTIN, in his official capacity, Defendants. § § § § § § § § § § § § § IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS JUDICIAL DISTRICT PLAINTIFF’S VERIFIED ORIGINAL PETITION, APPLICATION FOR TEMPORARY RESTRAINING ORDER AND REQUEST FOR TEMPORARY INJUNCTION AND PERMANENT INJUNCTION TO THE HONORABLE JUDGE OF SAID COURT: Comes now HOUSTON PROFESSIONAL FIRE FIGHTERS ASSOCIATION IAFFLOCAL 341 (hereinafter “HPFFA”), and complains of City of Houston Mayor Sylvester Turner, Council Member Dave Martin, in their official capacities, as to fundamental Texas Election Code violations concerning the misuse of public funds and public resources for political advertising against a Charter Amendment, and requests an injunction prohibiting Defendants from continuing to post such political advertising on the City of Houston website. Texas law prohibits public resources to be used to further the personal electoral agenda of any public official. However, that is what is occurring daily, in direct contravention of the Texas Election Code. Defendants are more concerned with illegally campaigning than performing their ministerial duty to simply place the Pay Parity Charter Amendment on the ballot, in direct violation of Texas law. Plaintiff shows as follows: A. DISCOVERY PLAN AND RULE 47 STATEMENT 1. Pursuant to Tex. R. Civ. P. 190.4, discovery will be conducted per Level 3. 2. Pursuant to Tex. Elec. Code § 273.081, Plaintiff seeks injunctive relief. B. PARTIES 3. Plaintiff HPFFA is a Texas nonprofit corporation with its principle place of business in Harris County, Texas. 4. Defendant Sylvester Turner (“Turner”), is an individual and the mayor of the City of Houston, Texas, who is being sued in his official capacity. Defendant Turner may be served at 901 Bagby Street, Houston, Texas 77002 or wherever else he may be found. 5. Defendant Dave Martin (“Martin”) is an individual and is being sued in his official capacity as Houston City Council Member. Defendant Martin may be served at 900 Bagby Street, Houston, Texas 77002, 17629 El Camino Real, Suite 415, Houston, Texas 77058, or wherever else he may be found. C. JURISDICTION & VENUE 6. This Court has jurisdiction over this matter because the amount in controversy exceeds the minimal jurisdictional limits of this Court. Venue in this Court is proper under Texas Civil Practice & Remedies Code § 15.002(a)(1) as all or a substantial part of the events or omissions giving rise to the claims occurred in Harris County. PLAINTIFF’S VERIFIED ORIGINAL PETITION 2 D. RELEVANT FACTUAL BACKGROUND 7. In 2017, HPFAA gathered over 60,000 petition signatures to place a proposed charter amendment before the voting public addressing the issue of pay parity (the “Charter Amendment”). The Charter Amendment provides inter alia that “[t]he 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…” The Charter Amendment was submitted to the City Secretary on July 17, 2017, and certified to the Mayor and City Council as being the requisite number of petition signatures on May 3, 2018, but has yet to be placed on the ballot before Houston voters. 8. In order for the Pay Parity Charter Amendment to be placed on the ballot, the Houston City Council must adopt an election order in the form of an ordinance. City Council is set to vote on this matter on August 8, 2018. 9. The effort to place this matter before the voting public has lingered for more than a year, in no small part due to the resistance of Defendants. Since the beginning of the HPFFA petition drive Defendant Turner has been adversarial and sought to pollute and subvert the citizen driven petition process for amending the Houston City Charter. Indeed, simply getting the petition signatures counted and verified by the City Secretary required judicial intervention, even though counting petition signatures is a ministerial duty. 10. Defendants’ attempts to campaign against the Pay Parity Charter Amendment have now crossed the line in violation of the Texas Election Code. Public resources are being used to promote its defeat. During a City Council meeting on July 24, 2018, Defendant Turner proceeded to campaign against the charter amendment. The City Council meeting is posted on the internet PLAINTIFF’S VERIFIED ORIGINAL PETITION by the City of Houston at 3 http://houstontx.swagit.com/play/07242018-1643 (“City Council Video”). During the “Mayor’s Report” section of the City Council meeting agenda, merely by way of example, Defendant Turner made such comments as: “I love my daughter, but what she was asking, I did not agree with and I said ‘No.’… But what [the firefighters] are requesting, we simply cannot afford it and that’s why I said ‘No.’” (City Council Video at 47:40); and “I will say to you as the mayor of city of Houston. As I read their petition, as it is written, I don’t understand it. I believe it is vague. I believe it is ambiguous. I believe it does not define ‘parity’ and it is unenforceable by this administration and the city of Houston.” (City Council Video 1:01:49 – 1:02:17) 11. After the City Council meeting, Defendant Turner proceeded to hold a press conference at City Hall. This press conference was posted on the internet by the City of Houston at http://houstontx.swagit.com/play/07252018-1055 (“Press Conference Video”). During this press conference, Defendant Turner repeatedly contended that the petition is “vague” and “ambiguous,” calling the HPFAA “suspect” in its actions. Defendant Turner continued to argue that the measure could “jeopardize pension reform,” and “literally can lower our credit rating, literally can cause a reduction in city services and personnel, literally.” (Press Conference Video at 38:15-38:30). 12. Unlike any other charter amendment in memory, Defendant Turner directed and called for a City Council Budget and Fiscal Affairs Committee meeting to be held regarding the Pay Parity Charter Amendment on July 26, 2018. This meeting was nothing more than a ruse to campaign against the Charter Amendment. The committee meeting was PLAINTIFF’S VERIFIED ORIGINAL PETITION 4 posted on the internet by the City of Houston at http://houstontx.swagit.com/play/07272018-606 (“BFA Video”). 13. Defendant Martin is the chairman of the City Council Budget and Fiscal Affairs Committee. On July 25, 2018, Defendant Martin caused an agenda to be published for the July 26, 2018 meeting which included three (3) sections: “Welcoming Remarks,” “Discussion on Firefighter Pay Parity,” and “Public Comments.” Exhibit A. Under the agenda item for “Discussion on Firefighter Pay Parity,” in addition to listing as speakers the City’s Director of Finance and the Houston Fire Chief, Defendant Martin included the Houston Police Officers’ Union (“HPOU”). Additionally, during the meeting, though he was not listed on the agenda, Mr. Bob Harvey, the President of the Greater Houston Partnership was invited by Defendant Martin to present to the Committee, and advocated against the measure, stating that businesses will be “unable to attract jobs and investment to Houston and that the region will not prosper and be a place of opportunity for all Houstonians if the City of Houston is not on a firm financial footing” (BFA Video at 58:30-48). Mr. Harvey went on to say that he was at the meeting to express his “concern regarding the proposal.” (BFA Video at 59:45-50). 14. The City officers, at the direction of Defendants provided a written presentation which included the City logo and made editorial and/or false statements such as: “- In January 2018 the HPFFA walked away from a 9.5% pay increase over 3 years valued at $69 million” “- There is NO market analysis available that will show these positions are ‘comparable.’” PLAINTIFF’S VERIFIED ORIGINAL PETITION 5 “- The financial impact of the proposed Charter Amendment, the equivalent of up to a 25% average increases in both base pay and special pays in the first year.” Exhibit B (emphasis in original). 15. During the meeting of the Budget and Fiscal Affairs Committee on July 26, 2018, Defendant Martin also repeatedly berated the Firefighters’ union and the measure. Other council members also expressed their opposition to the measure. 16. Tellingly, the process surrounding this Charter Amendment is directly opposite what has taken place with the ReBuild Houston initiative. In fact, Defendant Martin, during the Transportation, Technology & Infrastructure Committee meeting on July 23, 2018, requested a specific date of when he could read the proposed ballot language. Video of Transportation, Technology & Infrastructure Committee Meeting, July 23, 2018 at 28:44 – 30:00:00. Financial information regarding the funds related to the ReBuild Houston initiative will not be presented to the Council until “later in August,” completely opposite of the political gamesmanship being employed by Defendants while using illegal public resources to campaign against the Pay Parity Charter Amendment. E. VIOLATION OF TEXAS ELECTION CODE § 255.003 17. Plaintiff incorporates the foregoing paragraphs as if fully set forth herein. 18. The Texas Election Code prohibits the use of public resources for political advertising. Tex. Elec. Code § 255.003(a). 19. “Political Advertising” is defined by the Election Code as: a communication supporting or opposing … a measure that: (B) appears: PLAINTIFF’S VERIFIED ORIGINAL PETITION 6 (i) in a pamphlet, circular, flier, billboard or other sign, bumper sticker, or similar form of written communication; or (ii) on an Internet website. Tex. Elec. Code § 251.001(16) (emphasis added). 20. “Measure” means a question or proposal submitted in an election for an expression of the voters' will and includes the circulation and submission of a petition to determine whether a question or proposal is required to be submitted in an election for an expression of the voters' will. Tex. Elec. Code § 251.001 (19)(emphasis added). 21. Defendants have consistently made, or have asked others to make, political statements against adoption of the proposed Pay Parity Charter Amendment. Staff time, facility costs, broadcast and IT services, all funded with taxpayer dollars, have been used to do this. The statements made against the measure have been posted on the City of Houston Website. 22. “A factor in determining whether a particular communication supports or opposes a measure is whether the communication provides information and discussion of the measure without promoting the outcome of the measure.” Ethics Advisory Opinion No. 526 at 2 (2015). If the communication promotes any particular outcome of the measure, it must be determined whether public resources were used to do so. Multiple Texas Ethics Commission opinions have discussed the prohibition against the use of public funds for political purposes to include the use of public employee time, city letterhead, and use of public facilities. See Ethics Advisory Opinion No. 532 at 2 (2015); Ethics Advisory Opinion No. 45 (1992) (“[F]or example, a circular advocating a particular position on a bond election PLAINTIFF’S VERIFIED ORIGINAL PETITION 7 would be political advertising. … Any method of distribution that involved the use of school district employees on school district time or school district equipment would be within the prohibition.”). 23. Defendants Turner and Martin directly advocated against the measure at issue here, as detailed above, while utilizing public resources, specifically City personnel, the City Council chambers, and broadcasting their views on the City-run television station, HTV. These communications have subsequently been posted on the Houston television website. By definition, this constitutes use of public resources for political advertising. 24. Plaintiff seeks an injunction, pursuant to Tex. Elec. Code § 273.081, removing the political advertising from the City of Houston public website. F. APPLICATION FOR TEMPORARY RESTRAINING ORDER, TEMPORARY INJUNCTION, and PERMANENT INJUNCTION 25. Plaintiff incorporates the preceding paragraphs as if fully set forth herein. 26. Texas Election Code § 273.081 provides that “[a] person who is being harmed or is in danger of being harmed by a violation or threatened violation of this code is entitled to appropriate injunctive relief to prevent the violation from continuing or occurring.” Tex. Elec. Code Ann. § 273.081 (West 2018). 27. Plaintiff has been harmed and is in danger of continuing to be harmed by Defendants’ violation of the Election Code. Defendants have violated the Code by unlawfully using City resources to promote their own electoral agenda with respect to the Charter Amendment by using public resources to engage in political advertising. Defendants have chosen to use public resources as Mayor and City Council Member to campaign against the PLAINTIFF’S VERIFIED ORIGINAL PETITION 8 measure that was lawfully placed before them by a petition of at least 50,000 citizens of Houston, prior to it even being placed on the ballot. 28. Plaintiff requests this Court issue a Temporary Restraining Order, Temporary Injunction, and Permanent Injunction, pursuant to Texas Election Code § 273.081, requiring the portions of the videos referencing the Charter Amendment in Mayor Turner’s press conference held July 24, 2018, as well as the Budget and Fiscal Affairs Committee meeting held July 26, 2018 be removed from the City’s website and/or the HTV website. PRAYER Wherefore, Plaintiff prays that Defendants be cited to appear and answer herein, and that upon final consideration this Court issue a permanent injunction, pursuant to Texas Election Code § 273.081, requiring the Defendants, their officers, agents, representatives, successors, assigns, employees, trustees, contractors, and any person acting in concert with them directly or indirectly, to cease, desist, and refrain from the following: a. Displaying on municipal websites or other municipally-funded media platforms any portions of audio, video or transcribed versions of the Mayor’s Press Conference held July 24, 2018, addressing the Charter Amendment; b. Displaying on municipal websites or other municipally-funded media platforms any audio, video or transcribed versions of the Budget and Fiscal Affairs Committee Meeting held on July 26, 2018; c. All other relief to which Plaintiff may be entitled at law or in equity. PLAINTIFF’S VERIFIED ORIGINAL PETITION 9 Respectfully submitted, FELDMAN & FELDMAN, P.C. /s/ Cris Feldman CRIS FELDMAN State Bar No. 24012613 cris.feldman@feldman.law SHANNON SMITTICK State Bar No. 24094957 Shannon.smittick@feldman.law 3355 West Alabama Street, Suite 1220 Houston, Texas 77098 Telephone: 713-986-9471 Facsimile: 713-986-9472 Attorneys for Plaintiff PLAINTIFF’S VERIFIED ORIGINAL PETITION 10 CAUSE NUMBER (FOR CLERK USE ONLY): CIVIL CASE INFORMATION SHEET COURT (FOR CLERK USE ONLY): STYLED HOUSTON PROFESSIONAL FIRE FIGHTERS ASSOCIATION IAFF-LOCAL 341 V. MAYOR SYLVESTER TURNER, TN HIS OFFICIAL CAPACITY, AND COUNCIL MEMBER DAVE MARTIN, IN HIS OFFICIAL CAPACITY John Smith v. All American Insurance Co; In re Mary Ann Jones; In the Matter of the Estate of George Jackson) A civil case information sheet must be completed and submitted when an original petition or application is ?led to initiate a new civil, family law, probate, or mental health case or when a post?judgment petition for modi?cation or motion for enforcement is ?led in a family law case. The information should be the best available at the time of ?ling. l. Contact information for person completing case information sheet: Names of parties in case: Person or entitv completing sheet is: Name: Cris Feldman Address: Suite 1220 City/State/Zip: Houstpn, TX 77098 Ignature: 3355 Alabama Street, Email: cris.fe1dman@feldman. law Houston Professronal Fire Telephone: Local 341 713-986-9471 Fighters Association IAFF- for Plainti?YPetitioner DPra Se Plaintif??Petitioner DTitlc IV-D Agency DOthor: Additional Parties in Child Support Case: Custodial Parent: Non-Custodial Parent: Presumed Father: 7333-9 8 6_9472 State Bar No: Mayor Sylvester Turner, in 24012613 his of?cial capacity capacity [Attach additional EEI as HRGHIE to list all Banicll 2. Indicate case type, or identify the most important issue in the case (select only I): Council Member Dave Martin, in his of?cial D'l?ax Delinquency El?ther Tax Administration Administration [:Imticr Estate Proceedings Utjuardianship?Minor DMenlal Health DOther; Civil Family Law Post-judgment Actions Contract Injury or Damage Real Property Marriage Relationship (non-Title IV-D) Debt/Contract IEminent Domain! DEnforcement DConsumeriD?l'i?A DConstruction Condemnation Marriage Void DModi?calion?Custody DchtiContract DDefamal ion Partition Divorce ?Mndi ?cation?OLI?IBI UFrandiMisreprcsentatimi rW?lji'acilc'E DQuiet 'l'itle DWith Children Title IV-D DOlhor DohtiContracl: Aceou nting [j'rtespass It) Try 'I?itle [jun Children [jnnrurcc maniModi?uatjun Elegal UOther Property: DPatemity Foreclosure . . DMcdieal DReciproeals (UIFSA) Di tome Equity?Expedited DOtlmr Professional USupport Order Dome: Foreclosure Liability: . . Franchise Motor 11' A 'd a 0 en Matters Other Family Law Parent-Child Relationship andlordl'l?ertant Product D?xpunction Utinforcc Foreign Dodoption/Adoption with DNon-Compctition UAShestosiSiIica Diridgment N151 Judgment Termination Eli?artnership DUther Product Liability DNon'D'Sclm?? ?ms 90?1?? Eli-W" Fromm" D?tlier Contract: List Product: DSeizureil??orl?eiture Ell-lame Change DCiilld Support Elwin of Habeas Corpus? DProlective (Jitter DCustody or Visitation .Other Injury or Damage: Pre-indictment DRemoval ol? Disabilities EIG estational Parenting IOther: of Minority D?randparent Access [:IUther: EIPatemityiParentage Employment Other Civil Termination: of Parental Doisctintinai ion DAdministrative Appeal Ellawycr Discipline Rights . Ulletniiation DnnlitrustiLlnfair Testimony EIDtlier Parent-Child: D'l'ermination Competition DSeeuritiesiStoek UWorkers? Compensation DCodc Violations U'l'ortious Interference DOther Employment: UFormgn Judgment UOtIier.? ViOl?tiOI?l Of Dlntellectual Property . Election Code Tax Probate Mental Health D?l'ax Appraisal Probate/Mlls/Intestate Administration EIGuardianship?Adult 3. Indicate procedure or remedy. if applicable (may select more than I): DAppcal from Municipal or Justice Court Judgment EIPrejud gment Remedy Umbitratien-tclatcd UProtcetivc Order DAuach menl of Review EILicense Dchuestralion DMandam us .?l'empnrary Restraining Order/Injunction ?tness Action Ul?ostjudgment Turnover 4. Indicate damages sought (do um select {fir is afamii'y law case}: DLess than $100,000, including damages of any kind, penalties, costs, expenses, pre-judgment interest, and attomey fees ILess than $100,000 and non-monetary relief Deva: $100, 000 but not more than $200,000 UOvcr $200,000 but not more than $1,000,000 Elmer $1,000,000 Rev 2/13 EXHIBIT A City of Houston Council Committee on Budget & Fiscal Affairs Council Member Dave Martin, Chair Council Member Amanda K. Edwards, Vice Chair Brenda Stardig, District A Jerry Davis, District B Ellen R. Cohen, District C Dwight A. Boykins, District D Steve Le, District F Greg Travis, District G Karla Cisneros, District H Robert Gallegos, District I Mike Laster, District J Martha Castex-Tatum, District K Mike Knox, Position 1 David Robinson, Position 2 Michael Kubosh, Position 3 Jack Christie, Position 5 July 26, 2018 10:00 a.m. City Hall Council Chamber – 901 Bagby, 2nd Floor 1. Welcoming Remarks • Council Member Dave Martin, Chair • Council Member Amanda K. Edwards, Vice Chair 2. Discussion on Firefighter Pay Parity • Tantri Emo, Director, Finance Department • Samuel Peña, Chief, Houston Fire Department • Joe Gamaldi, President, Houston Police Officers’ Union • Ray Hunt, Past President, Houston Police Officers’ Union 3. Public Comments Action may be taken on any item listed above. Committee meetings are open to the public. For information about this committee, please contact Jessica Beemer at districte@houstontx.gov. Council Member Dave Martin 900 Bagby Street, 1st Floor, Houston, TX 77002 districte@houstontx.gov 832.393.3008 EXHIBIT Presentation to the City of Houston Budget and Fiscal Affairs Committee Financial Impact of Proposed Charter Amendment Thursday, July 26, 2018 Tantri Emo, Chief Business Officer/Finance Director Chief Peña, Houston Fire Chief Table of Contents Section Page Overview 04 Proposed Charter Amendment 05 Classification Comparison 06 Special Pay Comparison 07 Impact and Assumptions 09 Appendix 11 - Position Requirements 12 2 Disclaimer This presentation is based on assumptions about the possible operation and fiscal impact of the proposed Charter Amendment that would require pay “parity” for Houston Firefighters whose pay classifications or titles, but not job duties, are the same or like those of Houston police officers with the same or a similar pay classifications or titles. The estimated magnitude of the fiscal impact on the City’s budget and solvency may change if uncertainties about the operation of the proposed Charter Amendment are clarified. 3 Overview • In FY2014 firefighters received pay raises totaling 3% valued at $8.8 million • In FY2015 firefighters received a one time uniform allowance with a total value of $3.64 million • In June 2014 firefighters voted against a 4% across the board pay increase that would have been effective January 2015 valued at $12.4 million • In January 2018 the HPFFA walked away from a 9.5% pay increase over 3 years valued at $69 million • In May 2018, petition from Houston Professional Fire Fighters Association (HPFFA) validated by City Secretary • The City is currently under a property tax cap and facing a budget deficit of approximately $200 million by FY2023 4 PETITION FOR A CITY OF HOUSTON CHARTER ALIEND MENT TO IN THE COMPENSATION TO HOUSTON FIREFIGHTERS COMPARED TO THE COMPENSATION PROVIDED TO HOUSTON POLICE OFFICERS To the Mayor and City lCouncil of the City of Houston We, the undersigned registered T.?oters ofthe City of Houston, Texas, inider Section ofthe Texas Local Government Code, hereby petition for an election to antend the Charter of the City of Houston to add the following as a separate section of our Charter, to read as follows: The City of Houston shall compensate City ?re?ghters in a manner and antonnt that is at least equal and comparable by ranls and seniority 1with the compensation protided City police of?cers including: a. Persons employed in the following ?re?ghter classi?cations shall receive the same base pay as persons oflilre seniority employed in the following. similarll.? numbered police of?cer classi?cations: l. Probationarv Fire?ghter 1. Probationatv Police Of?cer 2. Fire?ghter 3.. Police O?icer .5. 3-. Senior Police Of?cer Captain. Inspector. Investigator. Corrlniunications Captain. Mechanic Sergeant 5. Senior Captain. Senior Inspector. Senior Investigator. Communications Senior 5. Lieutenant Captain. Shop Supervisor tl. District Chief. Assistant Arson Investigator. Chief Inspector. tr. Captain Chief Communications Cl?ftcer. blaster llechanic Deputy Chief. Arson Inves ti.gator. Assistant Fire hIarshal. Deputy Chief Captain Communications O?icer (with an additional 15: for paritv} S. Assisrant Fire Chief. Fire Elarshal 3. Assistant Police Chief 9. Executive Assistant Fire Chief 9. Executive Assistant Police Chief In the event the title of anv ofthe above classi?cations shall be changed. the new classi?cation ntost similar in terms of quali?cations and duties to the old shall be substituted therefore. to achieve paypaiity. b. Fire?ghters entployed in ?re suppression shall receive the same incentive pay as police of?cers. oflilce seniority. employed as patrol of?cers. c. Fire?ghters shall receive the same training pay as police of?cers of like senio1it_v. d. Fire?ghters entployed as arson investigators shall receive the same investigative incentive pay as police of?cer investigative personnel oflil-te seniority and investigative experience. e. Fire?ghters who serve as Field Training Of?cers shall receive the same Field Training Of?cer trainingpay as police o?cers who serve as Field Training O?icers. f. Fire?ghters shall receive mentoringptav in the same amount and on the same basis as police o?ftcers. g. Fire?ghters classi?ed as arson investigators. inspectors. conui'ttuiications captain. senior inspectors. senior investigators. conu?nunications senior captain. assistant arson investigator. chief inspector or chief communications o?icer shall receive the same weekend premium. and shift differential pay in the same amount and on the same basis as police of?cers quali?ed to receive such pay. h. Fire?ghters shall receive educational incentive pay in the same arnotuit and on the same basis as police of?cers entitled to receive suchpay. i. Fire?ghters shall receive college tuition reimbursement in the same antotuit and on the same basis as police o?cers entitled to receive such reimbursement. i. Fire?ghters shall receive the same clothing allowance tor sirnilar bene?t} paid to police of?cers. in. addition to any protective clothing and equipment provided bl. the City. It. Fire?ghters shall receive the same equipment allowance tor similar bene?t) paid to police o?icers. l. The City shall make the same contribution to the Houston Professional Fire?ghters Association hIedical Trust that it does to the Texas Police Tmst. m. To the extent that the names of any ofthe forms of pay or bene?ts identi?ed above are changed. the requirement ofparity for ?re?ghters to police of?cers shall continue to apply. In addition. if any new form of pay or bene?t is provided to police of?cers. the same shall also be protided to ?re?ghters. Classification Comparison • Based on the proposed Charter Amendment language, persons employed in the following  firefighter classifications shall receive the same base pay as persons of like seniority and rank  employed in the following, police officer classifications: • The proposed Charter Amendment is silent on job qualifications and duties including supervision  exercised or received, employee scope of authority, working conditions, physical demands, etc. • There is NO market analysis available that will show these positions are “comparable.”   1 2 3 4 5 6 7 8 9 FIRE RANK(S) # of HFD Personnel POLICE RANK(S) # of HPD Personnel Probationary Firefighter 36 Probationary Police Officer 158 Firefighter 1,802 Police Officer 2,302 Engineer/Operator 1,089 Senior Police Officer 1,468 Captain, Inspector, Investigator,  646 Sergeant 959 Communications Captain, Mechanic Senior Captain, Senior Inspector, Senior  Investigator, Communications Senior  237 Lieutenant 210 Captain, Shop Supervisor District Chief, Assistant Arson Investigator,  Chief Inspector, Chief Communications  125 Captain 44 Officer, Master Mechanic Deputy Chief, Arson Investigator, Assistant  Captain (with an additional  Fire Marshal, Deputy Chief Communications  13 15% for parity) Officer  Assistant Fire Chief, Fire Marshal 7 Assistant Police Chief 8 Executive Assistant Fire Chief 3 Executive Assistant Police Chief 2 TOTAL RANKED PERSONNEL 3,958 5,151 Count as of July 16, 2018 6 Special Pays • Based on the proposed Charter Amendment, firefighters shall receive the same incentive pay as police officers, of like seniority and rank. This has the effect of adding nine (9) special pays/other benefits to fire with a budgetary impact of approximately $17.2 million in the first year Health Trust Weekend Premium Pay Investigative Incentive Pay Tuition Reimbursement Education Incentive Pay Physical Agility Pay Mentoring Pay Patrol Pay Shift Differential Pay 7 Specific Special Pays • Below are the special pays that are specific to fire or police: Fire Police • Paramedic Restricted • SWAT Pay • Paramedic Non Restricted • Bomb Squad Pay • Paramedic Officer Program Pay • Dive Team Pay • EMT Suppression • Helicopter Pay • EMT Assignment Pay • Canine Pay • Hazmat Pay • Motorcycle Pay 8 Assumptions and Financial Impact • Assumptions on the financial impact is based on: – – – • The financial impact of the proposed Charter Amendment, the equivalent of up to a 25% average increases in both base pay and special pays in the first year – – • Base pay and special pay comparison as indicated on the petition for Charter Amendment Based on headcount as of July 16, 2018 Includes cost for pension, FICA, overtime and higher class pay 20% increase in base pay and 5% increase in special pays First year costs range from $79 million up to $98 million o Assuming no future pay raises for Police over three years, the cumulative cost will be up to $295.8 million o With future pay raises for Police in year 2 and year 3, the annual and cumulative cost will be more Other potential financial impact – – Pension Reform Cost of Service 9 UESTIONS 10 Appendix 11 Position requirements HFD HFD REQUIREMENT HPD ‐ Minimum age to apply is  18 and must not reach  his/her 36th birthday before  receiving the oath of office ‐ Education & Certifications  – Certified cadets 15 college  hours with a grade of  ‘C’ or  higher, and active Fire and  Probationary Police Officer EMT certifications ‐ Education – Non Certified  cadets 24 college hours with  a grade of  ‘C’ or higher, or 2  years of full time active duty  military service with an  honorable discharge 1 Probationary Firefighter 2 Firefighter ‐Automatic title after  successfully completing the  probationary period 3 4 HPD REQUIREMENT ‐ At least 48 semester hours of credit from an  accredited college or university with at least a  2.0 grade point average; OR ‐ A minimum of 18 months active duty in the  United States armed forces and received an  honorable discharge; OR ‐ At least five years of full‐time employment as a  peace officer licensed by TCOLE or an equivalent  licensing entity in another state. Police Officer ‐Automatic title after successfully completing the  probationary period Engineer/Operator ‐ Exam ‐ 2 years in the previous  rank Senior Police Officer ‐ No Exam ‐ At least 12 years of service(experience)  w/training or ‐ At least 17 years of service (experience) Captain, Inspector,  Investigator,  Communications Captain,  Mechanic ‐ Exam ‐ 2 years in the previous  rank Sergeant ‐Exam  ‐4.5 years of service  12 Position requirements HFD HFD REQUIREMENT Senior Captain, Senior Inspector,  Senior investigator,  ‐ Exam 5 Communications Senior Captain,  ‐ 2 years in the previous rank Shop Supervisor HPD Lieutenant District Chief, Assistant Arson  Investigator, Chief Inspector,  6 Chief Communications Officer,  Master Mechanic ‐ Exam ‐ 2 years in the previous rank ‐ 4 years in the department Captain Deputy Chief, Arson  Investigator, Assistant Fire  7 Marshal, Deputy Chief  Communications Officer ‐Exam ‐2 years in the previous rank Captain (with additional  15% for parity) ‐Appointed Position 8 Assistant Fire Chief, Fire Marshal ‐ AFC – 5 years as certified  firefighter Assistant Police Chief 9 Executive Assistant Fire Chief Executive Assistant Police  Chief ‐Appointed Position HPD REQUIREMENT ‐ Exam ‐ 2 years in previous rank  ‐ Associate’s Degree or higher or 65  hours of coursework  ‐ Exam ‐ 2 years in previous rank  ‐ Bachelor’s degree No Equivalent ‐Appointed Position  ‐Master’s degree   ‐At least 5 years from sworn date with  HPD ‐Appointed Position ‐Master’s degree   ‐At least 5 years from sworn date with  HPD 13