Houston officials call to reopen firefighters' negotiations citing rule that 'emboldens' abusers

HOUSTON, Texas (KTRK) -- A Houston City Council member is calling to reopen firefighter negotiations, citing a sexual misconduct case and a rule he says "emboldens abusers."

In 2008, court records state Houston Firefighter John Barrientes obtained a nude video his colleague Melissa Abbt had made for her husband after she left her laptop at the station while responding to a call.

Barrientes allegedly repeatedly watched and shared the video within the department.

Abbt and her husband, who is also a firefighter, did not discover what was happening until 2017-approximately one decade after Barrientes first obtained the video. Both Abbt and her husband left the department.

Barrientes was found liable in a civil trial last year and was ordered to pay Abbt $250,000.

Last Wednesday, Houston City Council delayed a vote to approve an $850,000 payment to Abbt to settle a separate federal lawsuit related to the matter.

Several council members expressed concern and frustration that Barrientes still worked at the department.

"We need women in the fire department, and certainly stories like this don't do us any favors," At-Large Position 5 Council Member Sally Alcorn said.

Several city officials confirm Barrientes was demoted but not fired following the incident.

Houston City Attorney Arturo Michel said the city could not terminate Barrientes because "the statutory scheme in Texas requires that (conduct) occur within six months of the act."

Michel explained that under state law, a "notice of indefinite suspension, which is termination, must happen within 180 days of the act."

Michel said the 180-day rule applies to all Texas fire and police departments. However, cities with a population of 1.5 million and over are subject to the rule through a "separate subchapter."

Houston is the only city in the state with a population exceeding 1.5 million.

Michel said that because Houston is under a separate subchapter, it has fewer exceptions to the rule than other Texas cities.

In 2022, the Houston Police Officers Union added additional safeguards to the rule as part of their labor contract with the city.

Michel said the fire department could do the same at "any time." However, both parties involved in the bargaining process - Houston Mayor John Whitmire and the Houston Professional Firefighters Association would need to reach an agreement.

Michel said the matter has been "raised in the past. (The union) does not agree to it."

In session last Wednesday At-Large Position 1 Council Member Julian Ramirez suggested the two parties should return to the bargaining table to amend the rule. He also openly inquired as to whether the matter should be added to council's "legislative agenda."

District E Council Member Fred Flickinger said he was concerned that the city could be found liable if Barrientes victimized another firefighter.

"I think this also makes a statement to the current employees about how we handle this," he said.

This Tuesday District J Houston City Council Member Edward Pollard sent a letter to Whitmire, HPFA President Patrick "Marty" Lancton and other city officials asking they return to the bargaining table to amend the rule.

The same day, city officials told ABC13 that Barrientes, under pressure, had retired.

"(The union's) position is this rule works. The exception doesn't have to swallow the rule. That's been their position. Like any other contract amendment, both sides have to agree to it," Michel said.

When asked if HPFA would support the change, Lancton replied with a statement that read in part, "The 180-day timeline is not an escape route from disciplinary action. Rather, it is a procedural safeguard to ensure timely and impartial investigations."

Pollard told ABC13, "One incident is one incident too many and we want to say that even if it's seldom we want to have safeguards in place to protect those who need it."

Lancton pointed to limited exceptions that extend the 180-day period. However, Michel said such safeguards do not apply to Ms. Abbt's case.

"As it is currently written, the 180-day rule benefits abusers rather than protecting victims of misconduct," said Pollard.

Abbt's attorney told ABC13, "After many years fighting for justice, Ms. Abbt is pleased the City of Houston is finally handling her case the right way. She is grateful that the Houston City Council is carefully considering her case and the consequences of the current rules that protect those who have engaged in severe misconduct from the full consequences of their actions."

Houston ratified a collective bargaining agreement with the firefighters' union early this year following a bitter, approximately seven-year-long stalemate.

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