City Of Houston Collective Bargaining Agreement

(e) In addition to the tasks of the departments and their staff, as indicated above, each department and its personnel shall perform and have performed such other duties and functions as may be assigned or required of such service by the Mayor, the Fire Chief and the provisions of national law, the Charter and the by-laws of the City. Guided by these principles, we turn to the respective by-laws to determine whether they constitute a unilateral employment contract between the city and the firefighters as part of the waiver of immunity in section 271.152. As noted above, in determining whether the regulations can together constitute a contract to which section 271.152 applies, we must determine whether five elements are met: (1) the contract must be in writing, (2) state the essential terms of the agreement, (3) provide goods or services, (4) be properly performed to the local government unit, and (5) duly performed on behalf of the local government unit. Tex. Loc. Gov`t CodeE ยง 271.151 (2). Given that the by-laws in question fulfill each of these five elements, we conclude that the by-laws together constitute a unilateral contract of employment between the city and the firefighters, thereby meeting the third requirement for waiver of immunity in section 271.152. WABs and KNAs are, like the regulations, contracts subject to the waiver of immunity referred to in paragraph 271.152, since they also fulfil the five elements of definition set out in paragraph 2 of section 271.151. First, they are unquestionably written contracts. Secondly, they indicate the essential conditions of the agreement, such as salary, overtime pay, leave and working conditions.

Third, they provide, like the by-laws, for services, namely the provision of fire protection services to the city. Fourth, services are made available to a local government unit – the city. Finally, the three agreements are signed by the mayor of the city, who appears to have been duly authorized to do so, which constitutes the execution of the agreements. Houston firefighters saw the deal that ended six years of San Antonio`s contract closure as a roadmap for their own long-running conflict, but Mayor Sylvester Turner disagreed. Section 271.152 of the Local Government Code contains, in certain circumstances, a waiver of government immunity in the event of recourse for breach of a written contract. For the second time on interim appeal, we are considering the City of Houston`s application for jurisdiction in a lawsuit filed by 540 former Houston firefighters.1 Firefighters allege illegal underpayment of lump sums due to the termination of their employment relationship, but the city claims that the firefighters` claim is excluded by state immunity. The question is whether the city`s immunity from appeals is waived by section 271.152. . .