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The City of Houston v. Williams, et al.

A group of former Houston firefighters allege wrongful underpayment of lump sums due upon termination of their employment, but the city of Houston claims the firefighters' suit is barred by governmental immunity. The firefighters point to three distinct writings they assert constitute qualifying written contracts under Local Government Code �271.152: 1. certain city of Houston ordinances; 2. Local Government Code Chapter 143; and 3. two meet-and-confer agreements and a collective bargaining agreement (collectively, the agreements) negotiated by the Houston Professional Fire Fighters Association on behalf of the firefighters with the city. The ordinances and agreements constitute written contracts within the scope of �271.152. But Chapter 143, standing alone, does not establish a contract between the city and the firefighters and as such does not fall within the scope of �271.152's waiver of immunity. Accordingly, the court of appeals' judgment is affirmed in part and reversed in part, and is remanded to the trial court for further proceedings consistent with this opinion. Texas Supreme Court, No. 09-0770, 03-18-2011

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Argued October 13, 2010

JUSTICE GUZMAN delivered the opinion of the Court.

Section 271.152 of the Local Government Code, under certain circumstances, waives governmental immunity for suits alleging breach of a written contract. For a second time on interlocutory appeal, we review the City of Houston’s plea to the jurisdiction in a suit by 540 former Houston Firefighters.*fn1 The Firefighters allege wrongful underpayment of lump sums due upon termination of their employment, but the City claims the Firefighters’ suit is barred by governmental immunity. At issue is whether the City’s immunity from suit is waived by section 271.152. The Firefighters point to three distinct writings they assert constitute qualifying written contracts under that section: (1) certain City of Houston Ordinances, (2) Chapter 143 of the Local Government Code, and (3) two Meet and Confer Agreements (MCAs) and a Collective Bargaining Agreement (CBA) (collectively, the Agreements) negotiated by the Houston Professional Fire Fighters Association (the Union) on behalf of the Firefighters with the City.

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