A Houston City Council member is calling for the reopening of firefighter contract negotiations, citing a sexual misconduct case and a rule he claims “emboldens abusers.”
In 2008, court records reveal that Houston Firefighter John Barrientes obtained a private, nude video made by his colleague, Melissa Abbt, for her husband after she left her laptop at the station while responding to a call. Barrientes allegedly watched and shared the video within the department multiple times.
Abbt and her husband, also a firefighter, only discovered the violation in 2017—almost a decade after Barrientes initially obtained the video. Both Abbt and her husband eventually left the fire department. Barrientes was found liable in a civil trial last year and ordered to pay Abbt $250,000.
Last Wednesday, the Houston City Council delayed a vote to approve an $850,000 payment to Abbt to settle a separate federal lawsuit related to the case. Several council members voiced concern and frustration that Barrientes remained employed by the department.
“We need women in the fire department, and stories like this certainly don’t do us any favors,” said At-Large Position 5 Council Member Sally Alcorn.
City officials confirmed that Barrientes was demoted but not fired following the incident. Houston City Attorney Arturo Michel explained that Texas law prevents the city from terminating Barrientes because “the statutory scheme in Texas requires that conduct occur within six months of the act.” He further clarified that under state law, a “notice of indefinite suspension, which is termination, must happen within 180 days of the act.”
Michel added that this 180-day rule applies to all Texas fire and police departments. However, cities with populations over 1.5 million, like Houston, are subject to a separate subchapter with fewer exceptions. Houston is the only Texas city with a population above 1.5 million. In 2022, the Houston Police Officers Union added additional safeguards to this rule as part of their labor contract with the city. Michel noted that the fire department could do the same, but both the Houston Mayor’s office and the Houston Professional Firefighters Association (HPFA) would need to agree.
This issue has been raised before, but Michel explained that the union has consistently opposed such changes.
During last Wednesday’s session, At-Large Position 1 Council Member Julian Ramirez suggested that both parties return to the bargaining table to amend the rule and even inquired about adding the issue to the city council’s legislative agenda. District E Council Member Fred Flickinger expressed concern that the city could be held liable if Barrientes were to victimize another firefighter, adding, “I think this also sends a message to current employees about how we handle this.”
On Tuesday, District J Council Member Edward Pollard sent a letter to Mayor Whitmire, HPFA President Patrick “Marty” Lancton, and other city officials urging them to return to the bargaining table to address the rule. That same day, city officials confirmed to ABC13 that Barrientes had retired under pressure.
Michel noted, “The union’s position is that this rule works. The exception doesn’t have to swallow the rule.” However, he added that any contract amendment requires mutual agreement. When asked if HPFA would support changing the rule, Lancton issued a statement saying, “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 responded, “One incident is one incident too many, and we want to ensure safeguards are in place to protect those who need them.”
Lancton pointed to limited exceptions that extend the 180-day period, but Michel emphasized that those safeguards do not apply to Abbt’s case.
“As it is currently written, the 180-day rule benefits abusers rather than protecting victims of misconduct,” Pollard said.
Abbt’s attorney expressed appreciation for the city’s handling of the case, stating, “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.”
Earlier this year, Houston ratified a collective bargaining agreement with the firefighters’ union after a lengthy seven-year stalemate.
