Requesting Clarification about Police Agreement

[Jose Chito Vela]

Colleagues,

I’m glad the City of Austin and the Austin Police Association have reached a handshake agreement on the terms of a potential contract. My top priority is ensuring we have a good public safety system, which requires a mutually-supportive relationship between the City and our employees.

A good public safety system also requires a robust set of accountability and transparency measures which comply with the Austin Police Oversight Act. On my first reading of the contract, I checked for three major items: the ability for the public to submit an anonymous complaint without signing an affidavit, the extension of the statute of limitations on discipline to 365 days after the complaint is submitted, and the public availability of police personnel records - ending the use of a confidential G-file.

The language governing the anonymous complaint process and the 365-day rule appears to meet the requirements of the APOA; the language regarding the public availability of police personnel records appears to be satisfactory, but I want clarification from the City Attorney about the availability of information previously maintained in the G-file.

Article 16, section 4(a) of the agreement reads, “[f]or complaints of alleged misconduct which occurred prior to the effective date of this Agreement, the department shall follow [Texas Local Government Code] 143.089.” My reading of this section is that information formerly maintained in the G-file pertaining to allegations of misconduct occurring prior to the effective date of the agreement WILL be subject to public disclosure because we have a binding judicial ruling saying the APOA abolished the G-file in Austin, thus making the previously confidential information subject to public disclosure. Therefore, the language in the agreement stating, “the department shall follow TLGC 143.089,” requires public availability of information previously maintained in a G-file. Numerous Texas Attorney General opinions and court rulings have held that the Texas Local Government Code does not automatically privilege such information when a city has chosen NOT to maintain a G-file.

While I believe this agreement makes both new and old G-file information publicly available, I would like clarification from the City Attorney that they also interpret the agreement in this way. We have a duty to ensure that the public understands how the agreement impacts transparency and oversight. Our police officers also need to understand what they are voting on. To that end, I request a public memo from City staff detailing their understanding of the agreement and of how it will impact the City’s handling of public information requests.

Specifically, I would like a detailed explanation of the process by which City employees will release information pertaining to allegations of misconduct occurring prior to the effective date of this agreement, as well as the process for releasing information pertaining to allegations of misconduct occurring after the effective date. The memo should also state how the processes comply with current law, including the APOA, TLGC, and relevant judicial rulings, as well as the terms of the agreement.

In order to provide the public, the Council, and the Austin Police Association with sufficient time to understand the agreement and make a decision, I request that the memo be published no later than Wednesday, Oct 2, 2024.

I am deeply grateful to everyone for their hard work to achieve this agreement. I hope we will soon have a contract that both rewards officers for their diligent efforts to keep our community safe and commits to meaningful transparency and accountability. If this contract complies with the Austin Police Oversight Act, including publication of ALL G-file information both past and present, then we are only inches away from the finish line.

Saludos,

Chito

[Jose Velasquez]

Thank you, Chito, for your thoughtful insights and commitment to both public safety and transparency. It's essential that our public safety system functions with a high level of trust, accountability, and openness, and this agreement lays a strong foundation for that.

Ensuring the public has access to vital information, including past misconduct records, is critical for maintaining transparency, and I share your desire for clarification on how the G-file information will be handled moving forward. I'm confident that with the requested memo and further clarification from the City Attorney, we will have the necessary tools to ensure both our officers and the community are fully informed about the terms of this agreement.

I support the progress we've made in reaching this agreement between the City of Austin and the Austin Police Association. We are indeed close to a final contract that upholds both the hard work of our police officers and the principles of accountability Austin deserves.

José M.A. Velásquez

[Zo Qadri]

CM Vela,

Thank you for your leadership and voice on this very important issue.

I interpreted the sections pertaining to the G-file information the same way you do, and would also like clarification for all parties involved before we move forward. Furthermore, we need access to all G-file information, past and present, and to move forward with a transparent system that allows for public availability of police personnel records.

Best
Zo

[Vanessa Fuentes]

It is crucial that the City of Austin, the Austin Police Association, and the public are fully aligned on what its language means. Earlier this year, our community spoke clearly when they voted for the Austin Police Oversight Act and demanded greater accountability. We must honor that commitment by ensuring robust and comprehensive G-file access.

Trust and accountability are cornerstones of public safety. Potentially restricting G-file access could weaken both, ultimately putting the safety of our city at risk. I look forward to gaining more clarity from City Staff on this matter.

I've also heard several questions about the budgetary implications of this contract. As our city continues to face a growing affordability crisis, we must ensure our financial decisions prioritize the needs of our residents and reflect our values of equity and financial responsibility. I expect us to have a transparent discussion about this on the October 8th work session - before the tentative agreement is considered.

Yours in community,
Vanessa

[Ryan Alter]

Colleagues,

I share the sentiments expressed above. Throughout this process, I have sought a deal that properly values the work that our police officers are doing to keep our communities safe while also meeting the oversight and accountability protections Austinites overwhelmingly voted for and deserve. The deal that has been presented appears to do just that, but I want to be absolutely sure. To do that, I believe we should have not only clarity from our legal staff, but also have clarity from APA as to what their understanding of the proposed agreement does as it relates to the G-file. I invite APA or their representative to share with the Council their answer to the following question: If this contract is implemented, will it be legal for G-file material that predates the agreement date be publicly released or will that information still subject to the protections under 143.089(g) (i.e. “grandfathered”)?

Additionally, as CM Fuentes has raised, this contract will have a significant impact on our budget and the City’s ability to provide other valuable public services, including other public safety functions. As stated above, I believe we should be paying our officers the amount they deserve. They work tirelessly day in and day out to keep us safe, and this work should be properly valued. This contract does that. However, we must also have clarity as to what impact this has on our 5-year budget forecast, including what portion of the general fund will be untouchable by future Councils because it is governed by a public safety contract (police, fire, and EMS). I would ask our budget staff to please share this information as quickly as possible for the community and the Council to consider.

I am excited we are so close to reaching a deal that benefits everyone. I commend the hard work over the past many months of both negotiating teams and the willingness to have an open dialog on historically very thorny issues. With the information requested by my colleagues above and myself here, we can fully understand the ramifications of this deal and consider any additional measures that might work in conjunction with this proposed agreement to enhance overall public safety.

- Ryan