AUSTIN POLICE DEPARTMENT GENERAL OFFENSE HARDCOPY (ASSAULT BY THREAT) GO# 2021-1270378 [*UNOFFICIAL COPY OF EXTRA REDACTED REPORT*] Table of Contents Related Event GO# 2021-1270378 ................................................…….............................. 1 Offense(s) ............................................................................................................................ 1 Related Event(s) ................................................................................................................. 2 Related Person(s) ............................................................................................................... 2 1. VICTIM # 1 - LEON, CARLOS ..…………………....................................................………............................ 2 2. INVOLVED # 1 - HARRIS, DAVID R ................................................................................……….................. 3 Related Narrative(s) ...........................................................................................…............. 4 1. GUADARRAMA, EDWIN (AP8541), INITIAL REPORT .............................................................………....... 4 2. VALLEJO, CARLOS (AP4532), SUPPLEMENTS - REGION 1 REVIEW ...................................………...... 5 Related Clearance Information ..................................................................................….... 6 AUSTIN POLICE DEPARTMENT GENERAL OFFENSE HARDCOPY OPEN RECORDS REQUEST (ASSAULT BY THREAT) GO# 2021-1270378 REFERRED TO MUNICIPAL COURT (SUSPENDED) General Offense Information Operational Status REFERRED TO MUNICIPAL COURT (SUSPENDED Reported On MAY-07-2021 (FRI.) 0726 Occurred Between MAY-07-2021 (FRI.) 0712 AND MAY-07-2021 (FRI.) 0717 Approved On MAY-16-2021 (SUN.) Approved By AP7296 - EDWARDS, JOSEPH Report Submitted By AP8541 - GUADARRAMA, EDWIN Org Unit BAKER 200 REG I PATROL Address W 45TH ST / N LAMAR BLVD Municipality AUSTIN County TRAVIS COUNTY District BA Beat 6 Grid 328 Family Violence NO Cargo Theft NO Offenses (Completed/Attempted) Offense # 1 0901-0 ASSAULT BY THREAT - COMPLETED Location STREETS / HWY / ROAD / ALLEY Suspected Of Using N/A (MUTUALLY EXCLUSIVE) Bias NONE (NO BIAS) For AP7968 Printed On May-19-2021 (Wed.) Page 1 of 7 AUSTIN POLICE DEPARTMENT GENERAL OFFENSE HARDCOPY OPEN RECORDS REQUEST (ASSAULT BY THREAT) GO# 2021-1270378 REFERRED TO MUNICIPAL COURT (SUSPENDED) Related Event(s) 1. CP 2021-1270378 Related Person(s) 1. VICTIM # 1 - LEON, CARLOS CASE SPECIFIC INFORMATION Sex MALE Address REFUSED Municipality AUSTIN State TEXAS Email REFUSED PERSON PARTICULARS MASTER NAME INDEX REFERENCE Name LEON, CARLOS Sex MALE Address REFUSED Municipality AUSTIN State TEXAS PHONE NUMBERS Email REFUSED LINKAGE FACTORS Resident Status UNKNOWN Victim Of 0901- 0 ASSAULT BY THREAT - ASSAULT BY THREAT RELATIONSHIP(S) BETWEEN VICTIM TO OFFENDER(S) Relationship VICTIM WAS ACQUAINTANCE Offender's Name HARRIS, DAVID, R Offender's Role INVOLVED #1 For AP7968 Printed On May-19-2021 (Wed.) Page 2 of 7 AUSTIN POLICE DEPARTMENT GENERAL OFFENSE HARDCOPY OPEN RECORDS REQUEST (ASSAULT BY THREAT) 2. INVOLVED # 1 - HARRIS, DAVID R CASE SPECIFIC INFORMATION GO# 2021-1270378 REFERRED TO MUNICIPAL COURT (SUSPENDED) Sex MALE Race BLACK Municipality AUSTIN State TEXAS MASTER NAME INDEX REFERENCE Name HARRIS, DAVID R Sex MALE Race BLACK Ethnicity NON-HISPANIC Municipality AUSTIN State TEXAS PHONE NUMBERS HOME (512) 250-3079 BUSINESS (512) 389-7400 PERSON PARTICULARS ALIAS(ES) Name Address Sex DOB HARRIS, DAVID HARRIS, …
CARLOS LEÓN - 7/6/21 https://spectrumlocalnews.com/tx/austin/news/2021/05/20/capital-metro-creates-community-oriented- police-force PUBLIC SAFETY - Capital Metro creates community oriented police force By Lakisha Lemons | Austin PUBLISHED 8:10 AM CT May. 20, 2021 AUSTIN, Texas — Capital Metro Transit Authority plans to roll out a new policing model for an in- house police department. The community oriented plan will include non-armed public safety ambassadors, community intervention specialists and trained transit police officers. Gardner Tabon, executive VP and chief safety officer for CapMetro, says it's an honor and a privilege to take on the challenge of reimagining public safety in the city We will be taking a totally different approach to public safety. We want to not just gain the communities trust but we want to maintain it as well. Our public safety ambassadors will have multiple responsibilities including a touch of security as well as the ability to make a decision at the scene of a possible incident and be able to de-escalate before it even becomes something a police officer may have to report to," Tabon said In part, community intervention specialists will work as liaisons between the public and the department. Putting boots on the ground in the community to help provide needed resources to individuals facing everyday challenges, such as homelessness and mental health issues. Tabon says these keys roles will help mediate a situation before it actually becomes a serious issue. The department plans to prevent calling law enforcement for incidents that may not be police or law enforcement issues. “I am particularly, as an African American male, very sensitive as to what has been going on over the past two years. I want to really make sure that we have in place a police department that the community will appreciate,” Tabon said. CapMetro’s pilot program for policing is the first initiative of its kind in the state of Texas. While the police force is transit-specific, trained police officers will have access to the best training available, as well as initial and refresher training to better serve the community -----------------------------------------------------------------------------------------------------------------------
CARLOS LEÓN/APD PUBLIC RECORDS EMAIL CHAIN On 6/25/2021 2:34:32 PM, Carlos wrote: Per https://www.austintexas.gov/faq/how-do-i-obtain-police-report, “...Reports can be purchased at the Main Police Headquarters, located at 715 E 8th Street. Reports are 10 cents a page and only the public portion is available for purchase from the report sales office. This is the same report that can be obtained from visiting the APD Incident Report Database. Report Sales new hours of operation are Monday through Friday, 8:30 a.m. - 4 p.m.” Therefore, this Friday (6/25/21) during business hours I went to Main Police Headquarters, located at 715 E 8th Street, to pay in person the $32 for Invoice ID 15131, re: R058821-051721. However, when I got there, I saw that building is CLOSED TO THE PUBLIC. Through the outside push button intercom I spoke with someone who identified himself as “Rodriguez.” He communicated there was NO way for me to pay Invoice ID 15131 in person at Main Police Headquarters, located at 715 E 8th Street, though your website says I can. He also did NOT provide any in-person payment options, though I specifically asked him for such options. When I asked him when the building would reopen, he said to contact the City Manager and City Council. Yet, Texas Government Code 658.005 (a) says “...Normal office hours of a state agency are from 8 a.m. to 5 p.m., Monday through Friday...The offices of a state agency shall remain open during the noon hour each working day with at least one person on duty to accept calls, receive visitors, or transact business.” Because the Covid-19 health threat has subsided so much Governor Abbott signed Executive Order 36, preventing any local governmental agency or official from requiring anyone to wear a facial covering (effective May 18, 2021), there must exist an in-person way for me to pay Invoice 15131 and get a printed receipt of payment, as well an electronic copy, that is also e-recorded on your e-system. Not only does your electronic payment portal require a Visa, Mastercard, or Discover card number, but says a “convenience” fee may also be debited as soon as payment as made. That’s ridiculous. I’m NOT paying any unnecessary, non-explicit “convenience” fee or any unnecessary fees associated with purchasing and/or using such a card. Therefore, I went straight to OPEN City Hall and spoke in person with Mr. Kelly (his first name), the City’s Public Information …
Austin Police Department Public Safety Commission Citywide Crimes Against Persons, Property and Society Citywide Response Times and Calls for Service Calls for Service and Response Times by Council District Overtime Budget vs. Overtime Spent Staffing July 6, 2021 Citywide-Crime Against Persons Citywide-Crimes Against Property Citywide-Crimes Against Society Citywide Response Times and Calls for Service Call Volume and Response Time Apr 1 to Jun 30, FY21 (Q3) Staffing Authorized: 1809 Filled: 1661 Current Vacancies: 148 144th Cadet Class started: June 7, 2021, with 100 cadets. As of 12/1/2020
Downtown Austin Unsheltered Homeless Count June 17, 2021 Count Summary May 2021 Baseline June 2021 Occupancy Multiplier* May 2021 Baseline Estimate June 2021 Estimate Month -to- Month % Change May 2021 -to- June 2021 % Change Unsheltered Individuals 322 Tents or Structures Automobiles 279 16 436 203 20 1 1.66 1.75 322 463 28 813 436 337 35 808 +35% -27% +25% -1% +35% -27% +25% -1% Total Estimate Heat Map of Unsheltered Individuals Heat Map of Tents or Structures Count Boundary Methodology The Downtown Austin Alliance has conducted a count of all unsheltered persons, tents or makeshift structures, and inhabited vehicles within the Public Improvement District (PID), under the I-35 underpass, and the parkland along Lady Bird Lake. The count was conducted between 3AM and 6AM on the 3rd Thursday of the month using 10 teams to survey predetermined sub districts within the larger boundary. The count is limited to observation only and as a result a multiplier*, used nationally and locally verified, is used to produce an estimated total number of individuals experiencing homelessness. Count Details for June 17th, 2021 Teams Paid Staff 10 24 2 Volunteers
Responsible Public Space Management Plan Update 7/6/2021 1 Community Engagement Lieutenant Lawrence Davis Agenda 1.Mission and Objectives 2.Phased Approach 3.Summary of APD’s current response 7/6/2021 2 Mission & Objective The mission is to establish a coordinated and consistent procedure for responding to homeless encampments while recognizing the vulnerability and limited options of those experiencing unsheltered homelessness and the risk posed by the encampments. The objective is to safely and humanely relocate persons camping in a public area, in a manner that preserves human dignity and respect while promoting voluntary compliance. 7/6/2021 3 RPM Phased operation using SARA May 11 - June 12, 2021 Community Engagement (education), Mitigation Strategies (outreach), Clean-ups Verbal Warning Period documented on FO Violation of Camping Ordinance (3223) Phase 1 – Verbal Warnings Clean-Ups, Mitigation Strategy, Engagement Verbal Warning if not previously issued, Citation if previously warned Violation of Camping Ordinance (3223) Phase 2 – Written Warnings / Citations June 13th, - July 10, 2021 Phase 3 - Citations July 11, 2021 – August 7th, 2021 72-Hour notice given before clean-up (Mitigation if possible) During Clean-ups: Officers will issue citations for title code Violation of Camping Ordinance (3223) Phase 4 – Arrests and Diversions August 8th – Assessment of operation by September 4th, 2021 7/6/2021 72-Hour Notice of Cleans ups, Arrest and Diversion APD Policy 308 Misdemeanor Citations Phase 5 – Assessment of previous actions RPM PG 6 4 DATA Collection DATA Collection Location of Homeless Camps Phase of the operation • Types of incidents • # of 311 Calls • # of 911 Calls • # of Violent Crimes • # of Property Crimes Date/Time of Each Report • Type of Enforcement Taken • Warn • Cite • Warrant • Arrest • Critical Stats Collected • Tent/encampment • Vets • # Educated • # Transported Current Progress Type of Connection As of July 1 s t 2021 67 64 90 38 114 13 Non Profit Social Service VA Mental Health Bus Tickets Faith Based Current Progress Totals As of July 1st 2021 Veterans , 33 Willing to voluntarily relocate to PARD, 290 Warnings, 382 People Educated , 384 Warnings People Educated Transported to PARD Veterans Current Progress Stats after 1st Visit 250 261 206 300 200 150 100 50 0 160 138 56 48 Encampments # Educated Willing to voluntarily relocate 1st Visit 2nd/3rd visit What’s Next Phase III will begin July 11th Operation hinges on …
Reimagining Public Safety Farah C. Muscadin, JD RPS Co-Chair Public Safety Commission July 6, 2021 Reimagining Public Safety Update RPS Review Teams and Leads •Equity Reinvestment in Community - EDD (lead), Sylnovia Holt Rabb •Services to Violence Survivors and Violence Prevention - APH (lead), Akeshia Johnson-Smothers •Public Health Reinvestment - APH (lead), Laura La Fuente •Reimagining 911 and Non-Crisis Response - Emergency Communications, Ken Murphy (lead) •Meaningful Community Engagement - CPIO (lead), Keith Reeves •Patrol & Surveillance/Patrol & Criminal Investigation - APD (lead), Troy Gay •Uprooting Punitive and Harm Culture - Equity (lead), Brion Oaks 1 8 Can’t Wait Analysis Anni-Michele Evans – Policy Compliance Consultant Sara Peralta – Public Information & Marketing Program Manager Public Safety Commission July 6, 2021 ATXPoliceOversight.org (512) 974-9090 ATX Police Oversight @ATX_OPO 2 Agenda 1. Background 2. Phase I: Policy Review & Recommendations 3. Phase II: Community Feedback 4. Phase III: Final Analysis and Report 3 Background: The Why Resolutions passed by Austin City Council in June 2020 Resolution 96 Resolution 50 “Strategies employed should draw from best practices and campaigns designed to reduce and eliminate use of force incidents, such as 8 Can’t Wait and Campaign Zero.” Resolution 95 “The Council directs the City Manager to ensure the City’s policies and policing policies conform to the policy directives and goals of the Council as stated in this Resolution…” “…funding for a process to rewrite the Austin Police Department’s General Orders, in collaboration with Offices that may provide policy guidance that aligns with the equity and oversight policy direction from Council, such as the Office of Police Oversight, using national best practices and community input for the implementation of new guidelines…” 4 Phase I: Policy Review & Recommendations Resolution 95 Provisions Guiding OPO’s Analysis 5 Use of deadly force against individuals, including persons fleeing (in vehicle or on foot), shall be limited to situations where necessary for self-defense or defense of others against an imminent deadly threat or threat of serious bodily injury, and either there were no reasonable alternatives to prevent serious injury, or death or all reasonable alternatives have been exhausted. Restrict shooting at moving vehicles Exhaust all alternatives before using deadly force APD General Orders requiring officers to intervene to stop improper or excessive uses of force by their fellow officers should be appropriately enforced. Use of force shall incorporate de-escalation tactics in all circumstances, and the response shall be proportionate …
` John Kiracofe PUBLIC SAFETY COMMISSION REGULAR MEETING MINUTES Monday, June 7, 2021 The Public Safety Commission convened a videoconferencing meeting Monday June 7, 2021 at City Hall 301 W. 2nd Street in Austin, Texas. Chair Rebecca Gonzales called the Board Meeting to order at 3:01p.m. Board Members in Attendance: Michael Sierra-Arevalo Rebecca Gonzales Rocky Lane Kathleen Hausenfluck Nelly Ramirez Queen Enyioha Board Members Absent: Rebecca Webber, Rebecca Bernhardt, Amanda Lewis Staff in Attendance: Robin Henderson, Assistant Chief, Austin Police Department Jasper Brown, Chief of Staff, Austin/Travis County Emergency Medical Services Rob Vires, Chief of Staff, Austin Fire Department Commissioner Gonzales welcomed everyone to the meeting and shared that the Prop B agenda item was rescheduled to July 2021 meeting, due to the Special Called Council Meeting and Diana Grey (Chief Presenter) no longer available to present. Commissioner Gonzales also took a moment to wish everyone Happy Pride Month and acknowledge Black Pride Week. Commissioner Queen Austin was invited to take a moment to introduce herself since this was the first meeting that she was able to join Public Communications - Citizens signed up to speak: 2b. Update on Hiring of New Austin Police Chief (Sponsors: Commissioners Gonzales and Webber) Commissioner Gonzales welcomed Assistant City Manager Arellano and thanked him for stepping away from the Special Called City Council meeting to present an update on the hiring of a new Austin Police Chief to the Public Safety Commission. ACM Arellano shared with the board the timeline of working with a consultant in hiring a new police chief and meeting with stakeholders and the number of community sessions held so the consultant could hear the concerns and desires of -Carlos Leon – Criminal Cap Metro and Law and Order 1 what citizens would like for the new chief to look like. Per ACM Arellano, there are currently 36 applications in hand and they are expecting more applications. In June 2021, the consultant will start to screen/identify applications to bring to City Management. Commissioner Gonzales opened the floor for questions and Commissioner Ramirez commented she hopes the consult would be looking for what the constituents of Austin have stated in their feedback as to the type of police chief they want for the City of Austin. Commissioner Gonzales asked if the lines of communication were still open for citizens to continue to provide input/thoughts on hiring a new chief. Commissioner Lane asked …
Versión en español a continuación. Regular Meeting of the Public Safety Commission June 7, 2021 at 3:00pm Public Safety Commission meeting to be held, June 7, 2021 with Social Distancing Modifications Public comment will be allowed via telephone; no in-person input will be allowed. All speakers must register in advance (June 6, 2021 by noon). All public comment will occur at the beginning of the meeting. To speak remotely at the June 7, 2021 PUBLIC SAFETY COMMISSION Meeting, members of the public must •Call or email the board liaison at (512) 974-5747 or Janet.jackson@austintexas.gov no later than noon, June 6, 2021 (the day before the meeting). The information required is the speaker name, item number(s) they wish to speak on, whether they are for/against/neutral, and a telephone number or email address. •Once a request to speak has been called in or emailed to the board liaison, residents will receive either an email or phone call providing the telephone number to call on the day of the scheduled meeting. •Speakers must call in at least 15 minutes prior to meeting start in order to speak, late callers will not be accepted and will not be able to speak. •Speakers will be placed in a queue until their time to speak. •Handouts or other information may be emailed to Janet.jackson@austintexas.gov by Noon the day before the scheduled meeting. This information will be provided to Board and Commission members in advance of the meeting. •If this meeting is broadcast live, residents may watch the meeting here: http://www.austintexas.gov/page/watch- atxn-live Reunión del PUBLIC SAFETY COMMISSION la junta en reunión se residentes pueden ver FECHA de la reunion June 7, 2021 La junta se llevará con modificaciones de distanciamiento social Se permitirán comentarios públicos por teléfono; no se permitirá ninguna entrada en persona. Todos los oradores deben registrarse con anticipación (June 6, 2021 antes del mediodía). Todos los comentarios públicos se producirán al comienzo de la reunión. Para hablar de forma remota en la reunión, los miembros del público deben: • Llame o envíe un correo electrónico al enlace de (512) 974-5747 or Janet.jackson@austintexas.gov a más tardar al mediodía (el día antes de la reunión). La información requerida es el nombre del orador, los números de artículo sobre los que desean hablar, si están a favor / en contra / neutrales, y un número de teléfono o dirección de correo electrónico. • Una vez que se …
AUSTIN FIRE Public Safety Commission Meeting Q2-June 7, 2021 Chief of Staff Rob Vires 1 D a t a T r e n d s F Y 2 1 Q 2 • Call volume in FY 2021 Q2 increased by approximately 24 percent for all incidents compared to Q2 of FY 2020. Increases were seen across all battalions. • The sharp increase in overall incident volume is due to the winter storm in February 2021. • From February 14 – 20, 2021, AFD received more than 5,800 requests for service. Broken Water Pipe calls accounted for about 18 percent of all incidents during that time. • Top Three Dispatch Problem Types During the Winter Storm: Broken Water Pipes – 1,026 ALARM: Fire Alarm - 647 Request for Assistance: EMS - 634 2 REQUEST FOR SERVICE Q2 Comparison FY 2020 Q2 FY 2021 Q2 3,175 3,106 2,620 2,670 2,656 2,682 2,595 2,327 2,316 2,364 3,408 2,986 2,916 2,035 2,068 2,094 1,348 1,373 1,194 1,361 District 1 District 2 District 3 District 4 District 5 District 6 District 7 District 8 District 9 District 10 *Requests for Service are all INCIDENTS, regardless of priority. 4,000 3,500 3,000 2,500 2,000 1,500 1,000 500 0 3 R E Q U E S T F O R S E R V I C E Q 2 C o m p a r i s o n Fire Medical Rescue Hazmat Other Fire Medical Rescue Hazmat Other 1,100, 5% 1,675, 7% 4,536, 21% 447, 2% 112, 1% 7,897, 30% 14,942, 71% 615, 2% 105, 0% 15,865, 61% 2020 2021 4 *Requests for service are all incidents, regardless of priority. *”Other” (e.g., smoke investigations, fire alarms in buildings, unlocking buildings, etc.) E m e r g e n c y R e s p o n s e T i m e s • Response times during FY21 Q2 were noticeably higher for AFD. This is due to the February 2021 winter storm. • During the dates of February 14 – February 20, AFD responded to approximately 1,800 emergency incidents and had an overall 90th percentile response time of 30 minutes and 14 seconds. • Multiple factors contributed to high emergency response times: -High incident volume -Unit availability -Icy roads -Downed electrical systems -Broken water pipes 5 EMERGENCY INCIDENTS Q2 Comparison FY 2020 Q2 FY 2021 Q2 1,676 1,630 1,705 1,493 1,394 1,532 1,525 1,440 1,267 1,265 …
CARLOS LEÓN June 5, 2021 CDC’s federal mask requirement does NOT apply to CAP METRO On its website (https://www.transit.dot.gov/TransitMaskUp), The Federal Transit Administration says the following about wearing masks: “The Centers for Disease Control and Prevention (CDC) has announced a federal mask requirement for transit systems to mitigate the risk of COVID-19 based on President Joseph R. Biden’s Executive Order 13998, issued January 21, 2021. The Transportation Security Administration soon followed with a security directive implementing the CDC order.“ CAP METRO misuses that linchpin CDC order (“REQUIREMENT FOR PERSONS TO WEAR MASKS WHILE ON CONVEYANCES AND AT TRANSPORTATION HUBS”) to ILLEGALLY require passengers to wear face masks to NOT comply with Governor Abbott’s Executive Order 36, though EO-36 legally supersedes CAP METRO’S mask mandate. See my May 26, 2021 letter to Governor Abbott for details. In fact, CDC’s order does NOT apply to CAP METRO, or any other local intrastate public transit authority, based on the order’s own application limitations [42 U.S.C. 264(a), 42 CFR 70.2, 71.31(b), 71.32(b)]. Each application limitation is now deconstructed and unpacked, in order: 42 U.S.C. 264(a) 42 U.S.C. 264(a) is under Title 42 - THE PUBLIC HEALTH AND WELFARE, CHAPTER 6A - PUBLIC HEALTH SERVICE, SUBCHAPTER II - GENERAL POWERS AND DUTIES, Part G - Quarantine and Inspection. 42 U.S.C §264. is entitled Regulations to control communicable diseases. 42 U.S.C. 264(a), Promulgation and enforcement by Surgeon General, says: The Surgeon General, with the approval of the Secretary, is authorized to make and enforce such regulations as in his judgment are necessary to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the States or possessions, or from one State or possession into any other State or possession. For purposes of carrying out and enforcing such regulations, the Surgeon General may provide for such inspection, fumigation, disinfection, sanitation, pest extermination, destruction of animals or articles found to be so infected or contaminated as to be sources of dangerous infection to human beings, and other measures, as in his judgment may be necessary. Analysis First, the text says “...to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the States…”, clearly referring to disease “immigration” from outside the U.S. into the U.S. Second, the text says “...to prevent the introduction, transmission, or spread of communicable diseases from one State...into any other State...”, clearly referring to interstate disease migration within …
CARLOS LEÓN 6/3/21 – Austin City Council Meeting Consent Agenda – Item #40 https://austintx.new.swagit.com/videos/122406 ; 10:18 AM - 10:21 AM (11:32 to 14:45 within clip) Soy Carlos León. First and foremost, Gracias a Dios for letting me speak AGAINST Item 40. The City Manager should NOT work with CAP METRO on a Transit Oriented Study because CRIMINAL CAP METRO is NOT complying with Governor Abbott’s Executive Order 36, though it has “the force and effect of law” under Texas Government Code 418.012. The order says no governmental entity or official may require any person to wear a face covering or to mandate that another person wear a face covering, and that it shall supersede any face-covering requirement imposed by any local governmental entity or official…” Yet, CAP METRO’s COVID-19 website says Passengers are required to wear face masks until September. Therefore, CAP METRO bus drivers, supervisors, and security officers are ILLEGALLY REFUSING me service because I lawfully exercise my legal right to board and ride WITHOUT a mask. To NOT comply, CAP METRO claims it’s private, federal, and following the latest CDC order. However, per Texas Transportation Codes 451.001 and .052, CAP METRO is a Metropolitan Rapid Transit Authority - a governmental unit whose status and authority are derived from the Texas Constitution or Texas laws, performing public functions for public purposes of public necessity. whose operations are NOT proprietary. Though CAP METRO gets federal money, nearly 80% of its income is from Texas sales tax. And the FTA says mask policies are local decisions, recognizing Texas sovereignty over Texas INTRAstate travel. The CDC order, “REQUIREMENT FOR PERSONS TO WEAR MASKS WHILE ON CONVEYANCES AND AT TRANSPORTATION HUBS,” applies only to travelers entering the U.S. or travelers going from one state to another, NOT to CAP METRO transporting Passengers WITHIN Texas, though INTRAstate travel is a constitutional right [Lutz v. City of York]. Though YOUR mask rules are now recommendations, CAP METRO’s are still requirements. Therefore, per my letters to Governor Abbott documenting all this, in front of you now, REJECT item 40; use City Code 13 – 2 - 12 to direct the city manager to immediately conduct an investigation into CAP METRO operations to determine whether its ground transportation service is complying with applicable state law. In Jesus name, I pray. Amen. Thank you, Lord. God bless Texas, the United States of America, Constitutional law, and truth, and …
Follow-up 1 to URGENT CARLOS LEÓN June 1, 2021 Office of the Governor State Insurance Building 1100 San Jacinto Austin, Texas 78701 Dear Governor Abbott, This 4-page, June 1, 2021 follow-up 1 letter communicates how CAP METRO’s continuing NON-compliance with your Executive Order 36 (EO-36) is increasing their criminality against me and their hostility against you. Since your office received my May 26, 2021 urgent letter, 23 CAP METRO bus drivers have ILLEGALLY REFUSED me service for me legally NOT wearing a facial covering when boarding. In addition, CAP METRO Supervisor T-54 has ILLEGALLY stalked, targeted, and harassed me on public transportation for legally NOT wearing a facial covering on board a CAP METRO RAPID bus. Following CAP METRO policy and procedure, I documented each and every “failure to comply with” EO-36 violation by CAP METRO with CAP METRO (https://app.capmetro.org/ServiceOneWebCCR ) to communicate their continuing crimes to them and receive from them official Customer Comment Report (CCR) case IDs for my records to give to you to identify and fine each guilty bus driver up to $1000 to rightly punish and correct their criminal behavior. The guilty drivers/incidents, on video, are: May 26, 2021 Driver 1 - CaseID : CCR-80280-Y3H3L1, CaseID : CCR-80283-V9V9L8, CaseID : CCR-80284- D7K0W5, and CaseID : CCR-80285-K6N7Y8 M ay 27, 2021 Driver 2 - CaseID : CCR-80315-W3G5M1, CaseID : CCR-80316-L5Z9Z6, CaseID : CCR-80317- P8B3X3, and CaseID : CCR-80318-W9L9L7 Driver 3 - CaseID : CCR-80320-W3S0M0, CaseID : CCR-80322-T3K2K6, CaseID : CCR-80323- K1V0P0, and CaseID : CCR-80325-Y7B7T0 Driver 4 - CaseID : CCR-80326-C6F8G9, CaseID : CCR-80327-Z4J1P0, CaseID : CCR-80329- N6X1G, and CaseID CCR-80330-J3F6C2 Driver 5 - CaseID : CCR-80331-P3B6R6, CaseID : CCR-80332-P3K7L5, CaseID : CCR-80333- M4G5W6 , and CaseID : CCR-80334-K0T7Y2 Driver 6 - CaseID : CCR-80337-Z3C4P0 May 28, 2021 May 29, 2021 May 30, 2021 May 31, 2021 Driver 7 - CaseID : CCR-80367-V7S3M4, CaseID : CCR-80368-L3X5J1, CaseID : CCR-80370- F1Q3C2, and CaseID : CCR-80370-F1Q3C2 Driver 8 - CaseID : CCR-80372-K5T5K8, CaseID : CCR-80373-K0M8L2, CaseID : CCR-80375- Q0Y9J1, and CaseID : CCR-80376-S8H8K7 Driver 9 - CaseID : CCR-80378-W0V6P4, CaseID : CCR-80379-G3B9Y, CaseID : CCR-80380- R3W9R7, and CaseID : CCR-80381-X9L4K3 Driver 10 - CaseID : CCR-80382-Y8X9Z0, CaseID : CCR-80383-H4Q7V3, CaseID : CCR-80384- L0V7P9, and CaseID : CCR-80385-J9W9W3 Driver 11 - CaseID : CCR-80406-B3B0D1, CaseID : CCR-80407-F8Q3S3, CaseID : CCR-80408- R0F4F7, and CaseID : CCR-80409-R0V9N4 Driver 12 - CaseID : CCR-80418-Z2W5B5, CaseID : CCR-80419-H3Y4M4, CaseID : CCR-80420- M2V3P3, and …
URGENT CARLOS LEÓN May 26, 2021 Office of the Governor State Insurance Building 1100 San Jacinto Austin, Texas 78701 Dear Governor Abbott, Rationale I respectfully urge you to NOT sign into law House Bill 3893 to NOT grant CAP METRO a 99-year lease to the underground rights of Republic Square Park and Brush Square to NOT reward CAP METRO for NOT complying with your Executive Order 36. I respectfully request you IMMEDIATELY make CAP METRO comply with your Executive Order 36. CAP METRO is blatantly, intentionally, and publicly NOT complying with your Executive Order 36, though it applies to CAP METRO. Your Executive Order 36 says “No governmental entity...and no governmental official may require any person to wear a face covering or to mandate that another person wear a face covering” (point 1) and that “This executive order shall supersede any face-covering requirement imposed by any local governmental entity or official…” However, CAP METRO’s website (https://capmetro.org/COVID19) says, “Per the latest order from the CDC, customers are required to wear face masks while on transit vehicles and when at our facilities, effective until September 2021. Face masks must cover your nose and mouth and attach around the ears. Bandanas and other single-ply fabric coverings do not meet this new requirement and will be prohibited”. CAP METRO is saying the same to their bus drivers, supervisors, and police officers, who are ILLEGALLY following and enforcing the same FALSE information. CAP METRO has threatened to ILLEGALLY BAN me from using their local, intrastate, public transportation system for lawfully exercising my legal right to board and ride WITHOUT wearing a facial covering and/or showing your Executive Order 36 to the bus drivers. Many drivers are ILLEGALLY REFUSING me service for legally NOT wearing a facial covering. When I’ve tried showing them a paper copy of your Executive Order 36 or telling them about it, they tell me they’re NOT hearing it or looking at it. They say they only do what CAP METRO tells them to do, though your Executive Order 36 has “...the force and effect of law” under Section 418.012 of the Texas Government Code. Your Executive Order 36 applies to CAP METRO because CAP METRO is a local governmental entity, based on the following three facts: 1) Texas Transportation Code 451.001 legally defines CAP METRO as a Metropolitan Rapid Transit Authority. 2) Texas Transportation Code 451.052 (c) says an authority is …
` John Kiracofe PUBLIC SAFETY COMMISSION REGULAR MEETING MINUTES Monday, June 7, 2021 The Public Safety Commission convened a videoconferencing meeting Monday June 7, 2021 at City Hall 301 W. 2nd Street in Austin, Texas. Chair Rebecca Gonzales called the Board Meeting to order at 3:01p.m. Board Members in Attendance: Michael Sierra-Arevalo Rebecca Gonzales Rocky Lane Kathleen Hausenfluck Nelly Ramirez Queen Enyioha Board Members Absent: Rebecca Webber, Rebecca Bernhardt, Amanda Lewis Staff in Attendance: Robin Henderson, Assistant Chief, Austin Police Department Jasper Brown, Chief of Staff, Austin/Travis County Emergency Medical Services Rob Vires, Chief of Staff, Austin Fire Department Commissioner Gonzales welcomed everyone to the meeting and shared that the Prop B agenda item was rescheduled to July 2021 meeting, due to the Special Called Council Meeting and Diana Grey (Chief Presenter) no longer available to present. Commissioner Gonzales also took a moment to wish everyone Happy Pride Month and acknowledge Black Pride Week. Commissioner Queen Austin was invited to take a moment to introduce herself since this was the first meeting that she was able to join Public Communications - Citizens signed up to speak: 2b. Update on Hiring of New Austin Police Chief (Sponsors: Commissioners Gonzales and Webber) Commissioner Gonzales welcomed Assistant City Manager Arellano and thanked him for stepping away from the Special Called City Council meeting to present an update on the hiring of a new Austin Police Chief to the Public Safety Commission. ACM Arellano shared with the board the timeline of working with a consultant in hiring a new police chief and meeting with stakeholders and the number of community sessions held so the consultant could hear the concerns and desires of -Carlos Leon – Criminal Cap Metro and Law and Order 1 what citizens would like for the new chief to look like. Per ACM Arellano, there are currently 36 applications in hand and they are expecting more applications. In June 2021, the consultant will start to screen/identify applications to bring to City Management. Commissioner Gonzales opened the floor for questions and Commissioner Ramirez commented she hopes the consult would be looking for what the constituents of Austin have stated in their feedback as to the type of police chief they want for the City of Austin. Commissioner Gonzales asked if the lines of communication were still open for citizens to continue to provide input/thoughts on hiring a new chief. Commissioner Lane asked …
` Michael Sierra-Arevalo Rocky Lane Amanda Lewis John Kiracofe Queen Enyioha PUBLIC SAFETY COMMISSION REGULAR MEETING MINUTES Monday, May 3, 2021 The Public Safety Commission convened a videoconferencing meeting Monday May 3, 2021 at City Hall 301 W. 2nd Street in Austin, Texas. Chair Rebecca Gonzales called the Board Meeting to order at 3:09p.m. Board Members in Attendance: Rebecca Gonzales Rebecca Webber Kathleen Hausenfluck Nelly Ramirez Rebecca Bernhardt Board Members Absent: none Staff in Attendance: Troy Gay, Chief of Staff, Austin Police Department Jasper Brown, Chief of Staff, Austin/Travis County Emergency Medical Services Rob Vires, Chief of Staff, Austin Fire Department Public Communications - Citizens signed up to speak: None Chair Gonzales welcomed three new members to the Public Safety Commission and asked that they introduce themselves. The new members are Amanda Lewis for District 4, Queen Enyioha for District 1 and John Kiracofe for District 6. 1. Approval of Minutes – Chair Gonzales asked for any edits/comments to the minutes for April 5, 2021, presented. Hearing no comments/edits the minutes were deemed approved. 1 2. NEW BUSINESS a. Public Safety Organizations Quarterly Report – Austin/Travis County Emergency Medical Services (sponsors: Commissioner Hausenfluck and Gonzales) -Jasper Brown, Chief of Staff, Austin Travis County Emergency Medical Services Chief Brown presented the quarterly stats for EMS to the board on - Staffing (currently at 139 vacancies - EMS Cadet Classes – July 19, 2021 next scheduled class begins - COVID-19 Update – EMS department 86% vaccinated Chair Gonzales asked for questions or discussions at the end of the presentation. 3. Future Agenda Items Commissioner Gonzales decided to take this item up prior to Re-imagining Public Safety Presentation Public Safety Commissioners discussed the different topics they would like to have for future briefings and possible action items. -City and community response to Winter Storm 2021 and data from City of Austin Auditor’s Office (Commissioner Ramirez and Commissioner Gonzales) -Update on Implementation of Prop B (Commissioner Bernhardt and Commissioner Kiracofe) -Update on hiring Police Chief (Commissioner Ramirez) -Requested a firm release date of Auditor’s Report on Winter Storm (Commissioner Lane) -Update on Austin Police Academy training academy (Commissioner Kiracofe) -Update on search for EMS Chief (Commissioner Webber) 2 b. Re-Imagining Public Safety Presentations (sponsors: Commissioner Webber and Gonzales) Speakers: -Reimaging Public Safety Task Force Members -Amanda Lewis, Public Safety Commissioner Commissioner Webber introduced Farah Muscadin, Director, Office of Police Oversight. Farah share a brief …
Versión en español a continuación. Regular Meeting of the Public Safety Commission May 3, 2021 at 3:00pm Public Safety Commission meeting to be held, May 3, 2021 with Social Distancing Modifications Public comment will be allowed via telephone; no in-person input will be allowed. All speakers must register in advance (May 2, 2021 by noon). All public comment will occur at the beginning of the meeting. To speak remotely at the May 3, 2021 PUBLIC SAFETY COMMISSION Meeting, members of the public must •Call or email the board liaison at (512) 974-5747 or Janet.jackson@austintexas.gov no later than noon, May 2, 2021 (the day before the meeting). The information required is the speaker name, item number(s) they wish to speak on, whether they are for/against/neutral, and a telephone number or email address. •Once a request to speak has been called in or emailed to the board liaison, residents will receive either an email or phone call providing the telephone number to call on the day of the scheduled meeting. •Speakers must call in at least 15 minutes prior to meeting start in order to speak, late callers will not be accepted and will not be able to speak. •Speakers will be placed in a queue until their time to speak. •Handouts or other information may be emailed to Janet.jackson@austintexas.gov by Noon the day before the scheduled meeting. This information will be provided to Board and Commission members in advance of the meeting. •If this meeting is broadcast live, residents may watch the meeting here: http://www.austintexas.gov/page/watch- atxn-live Reunión del PUBLIC SAFETY COMMISSION la junta en reunión se residentes pueden ver FECHA de la reunion May 3, 2021 La junta se llevará con modificaciones de distanciamiento social Se permitirán comentarios públicos por teléfono; no se permitirá ninguna entrada en persona. Todos los oradores deben registrarse con anticipación (May 2, 2021 antes del mediodía). Todos los comentarios públicos se producirán al comienzo de la reunión. Para hablar de forma remota en la reunión, los miembros del público deben: • Llame o envíe un correo electrónico al enlace de (512) 974-5747 or Janet.jackson@austintexas.gov a más tardar al mediodía (el día antes de la reunión). La información requerida es el nombre del orador, los números de artículo sobre los que desean hablar, si están a favor / en contra / neutrales, y un número de teléfono o dirección de correo electrónico. • Una vez que se …
