City of Houston defends keeping firefighter on payroll amid nude video controversy and lawsuit

HOUSTON, Texas (KTRK) -- The City of Houston says its hands are tied when it comes to a firefighter who showed a nude video of a female firefighter to their colleagues.

John Barrientes was found liable in a civil trial last year and was ordered to pay former firefighter Melinda Abbt $250,000. City Council is considering approving an $850,000 payment to Abbt to settle a separate federal lawsuit related to the matter.

Yet some council members question why Barrientes has been allowed to keep his job.

The city points to an obscure Texas law governing police and fire departments.

"If you're looking to terminate someone's employment because of a past act, the statutory scheme in Texas requires that that occurs within six months of the act," City Attorney Michel Arturo said.

But that's not how other attorneys see it.

"I'm not aware of any law that says you have to fire someone within 180 days of the misconduct," employment attorney Michael Lombardino said.

Arturo sent Eyewitness News a copy of the Texas Local Government Code. Under a heading titled 'Indefinite Suspensions,' it reads:

"In the original written statement and charges and in any hearing conducted under this chapter, the department head may not complain of an act that did not occur within the six-month period preceding the date on which the department head suspends the firefighter or police officer."

Lombardino said that should only apply to indefinite suspensions, which he said are different than terminations.

"Sometimes you need to be able to conduct an investigation, so putting a time limit on when you would be able to terminate an employee doesn't really make sense," he said.

Arturo told council members that firing Barrientes could give him grounds for a wrongful termination suit. Some worry about the lawsuits the city could face by keeping him.

"If we have another incident that comes up, aren't we in more legal jeopardy because we are aware of this behavior?" Councilman Fred Flickinger asked.

Council won't vote on whether to approve the settlement with Abbt for at least another week.

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