Conroe Firefighters Sue City on Collective Bargaining Vote

**Legal Battle Ignites: Conroe Firefighters Sue City Over Collective Bargaining Ballot Snub**

**CONROE, TX – December 16, 2024** – The Conroe Professional Firefighters Association Local 4446 officially filed a lawsuit against the City of Conroe today, escalating a dispute over the city’s rejection of a citizen-led petition to bring collective bargaining to the ballot. The legal action, lodged in Montgomery County District Court, seeks to compel the city to place the proposition before voters in the upcoming May 2025 election.

The lawsuit follows a contentious October decision by Conroe City Attorney Gary Scott, who declared a meticulously gathered petition invalid despite it garnering over 2,000 signatures – twice the required 1,019, representing 5% of registered Conroe voters. Firefighters had submitted the petition in September 2024, aiming to secure the right to collectively negotiate wages, hours, and working conditions, a standard practice for many public safety professionals across Texas.

According to City Attorney Scott’s October 14 ruling, the petition suffered from “facial invalidity” and “material defects.” His specific objections centered on language within the petition, which referenced “Section 143.003 of the Texas Local Government Code” instead of the broader “Chapter 143.” Additionally, Scott argued that the petition’s inclusion of “impasse resolution procedures” went beyond what state law permits for a collective bargaining proposition on a public ballot.

Firefighters, however, are pushing back forcefully against the city’s interpretation. “This is more than a minor error; it’s a blatant attempt to disenfranchise the citizens of Conroe and silence the voice of our firefighters,” stated Robert Smith, President of Conroe Professional Firefighters Association Local 4446, in an interview prior to the lawsuit’s filing. “The City Attorney acted as a ‘super-legislator,’ essentially overriding the will of the people based on what we consider a typographical technicality that misled no one.”

The firefighters’ legal team cites precedents, including the landmark *Texas Public Employees Association v. City of Austin* case, arguing that minor errors or ambiguities in a citizen-led petition should not invalidate the entire effort, particularly when the intent and scope are clear to both signatories and the public. They contend that the city’s rigorous adherence to what they deem trivial details undermines the democratic process of petitioning for ballot initiatives.

Collective bargaining under Chapter 143 of the Texas Local Government Code allows eligible public safety employees, such as firefighters, to negotiate directly with their employers over employment terms. Proponents argue it provides a structured process for addressing issues like staffing levels, equipment safety, and fair compensation, ultimately enhancing public safety services. Opponents often raise concerns about potential impacts on city budgets and managerial prerogatives.

For Conroe firefighters, this push for collective bargaining represents a significant effort to gain a stronger voice in their profession. Discussions around fair wages, adequate staffing to meet Conroe’s rapid growth, and modernizing equipment have been ongoing for years, often leading to frustration among the ranks.

“Our members put their lives on the line daily for this community,” Smith added. “All we are asking for is the opportunity to have a fair say in the conditions that affect our ability to serve Conroe, and for the voters to decide if they want to grant us that right.”

The lawsuit asks the district court to review the city attorney’s decision and issue a writ of mandamus, compelling the City of Conroe to certify the petition and place the collective bargaining proposition on the May 2025 ballot.

City officials, including City Attorney Gary Scott, have declined to comment on the ongoing litigation, citing standard policy regarding active legal proceedings.

The outcome of this lawsuit could have significant implications not only for Conroe’s firefighters but also for citizen-led initiatives across Texas, potentially setting new precedents for how municipalities review and validate public petitions. A hearing date has not yet been set for the case, but legal observers anticipate a swift response from the city’s legal team given the upcoming election cycle. Residents are expected to closely watch the proceedings as Conroe grapples with this high-stakes legal and democratic challenge.