HOUSTON – An internal email obtained by KPRC 2 Investigates shows that employees of the Houston Fire Department who are not in compliance with Mayor Sylvester Turner’s Executive Order to either get vaccinated, get an exemption, or test twice per month, will have a note of ‘non-compliance’ put in their files.
Beyond the notation, it is not clear if and when firefighters, who have remained on the frontlines of the pandemic, would face disciplinary action.
HFD Chief Sam Pena said Monday that 60% of HFD personnel are in compliance with Executive Order 71, which was signed in early September.
Untested in court, the mayor’s mandate may or may not conflict with the Governor’s Executive Order known as GA 40, signed in October. Gov. Abbott’s order prevents any entity in Texas from “compelling receipts of a COVID-19 vaccine.”
In addition, the portal that city employees must use to upload information is sometimes broken, according to both firefighters and police officers who are required to use it.
HPFFA President Patrick Lancton said he has sought several clarifications about the mandate via email, but has not received a response.
“We have to ask how the governor’s order affects the mayor’s order and why is the portal on the City of Houston’s website not working?” Lancton said.
The issue has become more pressing in the face of the rising cases of the omicron variant and a recent move to notate which employees within the fire department have ‘complied’ with the mayor’s order.
Chief Sam Pena answered some of the questions posed by KPRC 2 Investigates regarding the matter:
KPRC: How many are in compliance vs non compliance with EO-71 currently within HFD?
Chief Pena: 60% in compliance
Q: Isn’t EO-71 in direct violation of governor’s order?
A: No. COH Executive Order 1-71 requires all City employees to submit COVID-19 diagnostic test results on or before the 1st and the 15th of the month unless they are exempted in accordance with the provisions of the policy (See Attached). The executive order does not mandate vaccination.
Q: Why was a list published of non-compliant firefighters when EO71 FAQ #24 states supervisors will not be privy to employee vaccination statuses?
A: The list of personnel non-compliant with EO 1-71 does not communicate vaccination status. It lists those employees that have not submitted a COVID-19 diagnostic test result, and have not been granted an exemption as outlined in the policy. Information regarding COVID-19 test results, COVID-19 vaccination status and/or requests for and approval of a medical or religious exemption obtained in the administration of the executive order are confidential and access restricted. Every employee is expected to comply with the directive and Executive Order. The list provided will assist supervisors in determining which employees are not in compliance with EO 1-71 and to take appropriate actions as outlined in the directive.