Item Coversheet


Meeting Date: 3/31/2015
Item Creation Date: 3/18/2015

HFD-Master Class Ord-Dugar Settlement

Agenda Item#: 11.


2015-268 - ORDINANCE amending Exhibit “A” of the City of Houston Ordinance No. 2015-0192 to add one Senior Communications Captain Position until such time as one of the incumbents leaves the position of Senior Communications Captain, in connection with settlement of a lawsuit styled Isaac J. O’Neal, III and James M. Dugar v. City of Houston, Texas, Civil Action No. 4:14-CV-00236, substituting the amended exhibit as part of the current Houston Fire Department Classified Personnel Ordinance; providing a repealer; providing for severability


The Chief of the Fire Department and the Director of Human Resources recommend City Council adopt an Ordinance authorizing amendment of the Fire Classified Personnel Ordinance to add one (1) Senior Communications Captain position to accommodate a court approved settlement in the case styled O'Neal and Dugar v. City of Houston, C.A. No. 4:14-cv-00236, in the United States District Court for the Southern District of Texas.


The plaintiffs, Isaac O'Neal and James Dugar, filed suit against the City of Houston alleging discrimination and disparate treatment resulting from the promotional process with the Houston Fire Department's 2008Communications Captain exam.  On March 3, 2015, the federal district court entered its order on motion for partial dismissal and approval of the settlement agreement, subject to Council approval, promoting Mr. Dugar to Senior Communications Captain.  The City shall carry this additional position until such time as Mr. Dugar leaves his remedial promotion rank, at which time the position will be eliminated.  The effective date of the vacancy created by Mr. Dugar's promotion will be the date Council approves the ordinance.  Mr. O'Neal's claim has not been resolved at this time.  Incre3mental costs are included in the current FY015 budget and will be included in the FY16 budget.


Amendment of the Fire Classified Personnel Ordinance

Amendments to the current Fire Department Classified Personnel Ordinance 2015-192 are as follows:



 Classification Current # of positions Change Proposed # of positions FY15 Incremental Cost FY16 Incremental Cost
 Senior Communications Captain 17 1 18 $2,415.94 $10,871.70
Prior Council Action:
Ordinance No. 2015-0192; March 4, 2015
Amount of Funding:
$13,287.64 - General Fund (1000)
Source of Funding:
General Fund

Contact Information:

Suzanne Chauvin (Legal) 832-393-6219

Rodney West (HFD) 832-394-6731