***REVISED*** PUBLIC SAFETY COMMISSION MEETING April 4, 2022 @ 4:00PM City Hall Boards and Commissions Room 301 W 2nd Street, Austin Texas Some members of the PUBLIC SAFETY COMMISSION may be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live Public comment will be allowed in-person or remotely by telephone. Speakers may only register to speak on an item once either in-person or remotely and will be allowed up to three minutes to provide their comments. Registration no later than noon the day before the meeting is required for remote participation. To register please call (512) 974-5747 before noon on April 3, 2022 or email Janet.jackson@austintexas.gov AGENDA Amanda Lewis Rocky Lane Michael Sierra-Arevalo Rebecca Bernhardt Cory Hall-Martin CURRENT BOARD MEMBERS: Rebecca Gonzales, Chair Nelly Paulina Ramirez, Vice Chair Rebecca Webber Kathleen Hausenfluck Queen Austin John T. Kiracofe CALL TO ORDER 4:00-4:05pm Public Communication 4:05-4:20pm (from speakers signed up to speak) Items for Presentation, Discussion and Possible Action: 1. APPROVAL OF MINUTES – March 7, 2011 4:20pm-4:25pm 2. OLD BUSINESS a. Update from Austin Police Department on actions from the Kroll Report and potential recommendation (sponsored by Commissioner Bernhardt and Ramirez) 4:25pm-4:35pm Speaker(s): -Joseph Chacon, Chief of Austin Police Department 3. NEW BUSINESS a. Public Safety Organizations Quarterly Report – Austin Fire Department (sponsors: Commissioner Hausenfluck and Gonzales) 4:35pm-4:50pm Speaker(s): -Brandon Wade, Austin Fire Department b. Public Safety Commission Officer Elections (sponsors: Commissioner Gonzales and Ramirez) 4:50pm-5:05pm c. Review of Employee Diversity metrics from all three organizations (sponsors: Commissioner Bernhardt and Ramirez) 5:05pm-5:35pm Speaker(s): -Robin Henderson Assistant Chief, Austin Police Department -Brandon Wade, Austin Fire Department -Teresa Gardner Assistant Chief, Austin-Travis County Emergency Medical Services d. Reimaging Public Safety (sponsors: Commissioner Gonzales and Ramirez) 5:35pm-5:50pm Speaker(s): -Rey Arellano, Assistant City Manager 4. Future Agenda Items 5:50-6:00pm Adjourn @ 6pm The City of Austin is committed to compliance with the American with Disabilities Act. Reasonable modifications and equal access to communications will be provided upon request. Meeting locations are planned with wheelchair access. If requiring Sign Language Interpreters or alternative formats, please give notice at least 2 days (48 hours) before the meeting date. Please call Janet Jackson at Austin Police Department, at 512-974-5747, for additional information; TTY users route through Relay Texas at 711. For more information on the Public Safety Commission, please contact Robin Henderson, Chief of Staff, Austin Police Department at 512-974-5030.
AUSTIN FIRE Public Safety Commission Meeting FY22 Q1 & Q2 – April 4, 2022 Assistant Chief Brandon Wade 1 REQUESTS FOR SERVICE Q1 COMPARISON FY 2021 Q1 FY 2022 Q1 3,000 2,959 2,807 2,875 2,546 2,597 2,565 2,341 2,282 2,043 2,059 2,734 2,452 3,193 2,471 1,764 1,455 1,680 1,419 1,301 1,135 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. 3,500 2,500 2,000 1,500 1,000 500 0 2 R E Q U E S T F O R S E R V I C E Q 1 C o m p a r i s o n FY 2021 Q1 1,494 FY 2022 Q1 1,457 4,761 466 134 5,357 516 123 13,663 16,707 Fire Medical Rescue HazMat Other Fire Medical Rescue HazMat Other 3 *Requests for service are all incidents, regardless of priority. *”Other” (e.g., smoke investigations, fire alarms in buildings, unlocking buildings, etc.) EMERGENCY INCIDENT Q1 COMPARISON FY 2021 Q1 FY 2022 Q1 2,500 1,000 500 0 4 2,000 1,968 1,807 1,889 1,732 1,500 1,435 1,425 1,459 1,665 1,706 1,257 1,142 1,093 1,094 1,241 1,173 779 746 576 925 680 District 1 District 2 District 3 District 4 District 5 District 6 District 7 District 8 District 9 District 10 *Emergency Incidents are Priority 1, 2, 3, and 4M responses. E M E R G E N C Y I N C I D E N T S Q 1 C o m p a r i s o n FY 2021 Q1 515 1,105 386 103 FY 2022 Q1 506 238 1,359 109 Fire Medical HazMat Other Fire Medical Rescue HazMat Other 8,692 Rescue 13,643 5 *Emergency Incidents are Priority 1, 2, 3, and 4M responses to when frontline unit arrives on scene. *”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 C o m p a r i s o n FY21 – Q1 FY22 – Q1 Council Districts Emergency Response Time (90 percentile, Emergency Incidents) Emergency Incidents (Priorities 1, 2, 3, and 4M, First Arriving Frontline Unit) Emergency Response Time (90 percentile, Emergency Incidents) Emergency Incidents (Priorities 1, 2, 3, and 4M, First Arriving Frontline Unit) District 1 District 2 District 3 …
Austin Police Department Current Demographics Civilian and Sworn Personnel 1 Civilian Personnel Ethnicity Asian Black or African American Choose Not To Disclose Hispanic or Latino Two or more races White Men Women Totals 2 12 14 20 37 57 6 6 12 53 120 173 1 8 9 88 187 275 American Indian/Alaska Native Total 0 1 1 170 371 541 2 Civilian Personnel Gender Men Women Totals 170 371 541 3 Sworn Personnel Ethnicity Asian Black or African American Choose Not To Disclose Hispanic or Latino Two or more races White Men Women Totals 39 2 41 107 20 127 8 2 10 319 56 375 10 1 11 958 108 1066 American Indian/Alaska Native Total 0 1 1 1441 190 1631 4 Sworn Personnel Gender Men Women Totals 1441 190 1631 5
Austin Police Department Kroll Report Evaluation of Austin Police Department: Use of Force / Public Interactions / Recruitment, Selection, and Promotions Kroll Recommendations & APD’s Responses 1 Recruitment, Selection, and Promotions • Increase recruitment and hiring to represent the diversity of Austin, particularly for Hispanics and Females. In addition to APD achieving a higher-than-proportionate representation of Blacks in APD as compared to the general population. 145th Cadet Class Demographics (March 28 – Nov. 18, 2022) • Hispanic representation is 48%, majority group of the class. • Female representation is 17%. APD as an organization is at 11%. • Black representation is 10%, a greater rate than the percentage of Black residents in Austin – which is at less than 8% • Black applicants comprise 18% of current applicants, a rate or representation substantially higher than the proportional representation of Black residents in Austin’s general population. 2 Recruitment, Selection, and Promotions 145th Cadet Class Demographics (March 28 – Nov. 18, 2022) • 41 – Hispanic • 29 – White • 8 – Black • 5 – Asian • 1- Other Recently signed the 30x30 pledge and featured a different female officer for 30 days on social media for Women’s History Month. Currently working with Joyce James Consulting to implement a similar program focused on recruiting Black applicants. 3 Recruitment, Selection, and Promotions • Kroll agrees with APD's plans to reinstitute and expand the internship program, as historically this program has attracted a diverse pool of applicants, provides an opportunity for APD and the intern to mutually evaluate the fit, and helps prepare interns for the selection process. APD should also continue expanding partnerships with local schools, colleges and universities, community organizations, faith-based organizations, and social service agencies, particularly those with a focus on historically underrepresented populations. • Explorer Program will be reinstituted once staffing allows. • Our internship program specifically targets students at Huston-Tillotson University. • Working toward adding Prairie View A&M and Texas State University to the internship program. 4 Recruitment, Selection, and Promotions • APD should retain an independent consultant to conduct a formal validation study of its physical fitness requirements at (1) pre-hire, (2) during the Academy, and (3) in the job of a police officer to ensure that the pre-hire physical ability test measures the correct level of physical fitness while minimizing disparate impact against women and persons of color. • The Recruiting Division in conjunction with …
EMS Sworn Personnel Ethnicity 2.08% 0.76% 0.76% 0.57% 0.38% 2.08% 18.56% 74.81% White 74.81% Asian 2.08% Hispanic or Latino 18.56% Black or African American 2.08% Choose Not To Disclose 0.76% Native Hawaiian/Pacific Isl 0.76% Two or more races 0.57% American Indian/Alaska Native 0.38% 1 EMS Sworn Personnel Gender 25.57% 74.43% Male Female 2 EMS Sworn Personnel Age 5% 0% 5% 23% 67% under 25 25-44 45-54 55-61 62 and over 3 EMS Diversity Challenges • Currently hire only EMS certified personnel • Industry-wide problem recognized by national associations • National Association of EMT created diversity scholarship last year • Demography of the National Emergency Medical Services Workforce: A Description of Those Providing Patient Care in the Prehospital Setting: Prehospital Emergency Care: Vol 25, No 2 (tandfonline.com) • In 2017-2018, 101,363 EMS professionals recertified and 87,471 (86%) completed the profile; in 2018-2019, 106,893 EMS professionals recertified and 92,640 (87%) completed the profile. Of the 142,751 EMS professionals who met inclusion criteria, the population was primarily male (76%) and age increased by certification level. By race/ethnicity, 85% were white, 5% were Hispanic/Latino, 5% were Black/African American, 2% were American Indian/Alaskan Native, 2% were Asian and 1% were Native Hawaiian/Pacific Islander. • Females and Minority Racial/Ethnic Groups Remain Underrepresented in Emergency Medical Services: A Ten-Year Assessment, 2008-2017 - PubMed (nih.gov) • Conclusions: The underrepresentation of females and minority racial/ethnic groups observed during this 10- year investigation of EMTs and paramedics earning initial certification suggests that EMS workforce diversity is unlikely to undergo substantial change in the near future. The representation gaps were larger and more stable among paramedics compared to EMTs and suggest an area where concerted efforts are needed to encourage students of diverse backgrounds to pursue EMS. 4 EMS Vacancy Staffing Plan • Plan to address diversity and vacancies • Council-directed initiative • Final plan due end of April • Create recruitment strategies to attract diverse certified personnel • Target communities of color • Identify industry conferences, trade shows, other opportunities for engagement • Explore direct hiring from the community and provide EMT training • Local high schools • Community groups and associations 5
` PUBLIC SAFETY COMMISSION REGULAR MEETING MINUTES March 7, 2022 Cory Hall-Martin Michael Sierra-Arevalo John Kiracofe Rebecca Webber The Public Safety Commission convened a hybrid in person and videoconferencing meeting Monday, March 7, 2022 at City Hall 301 W. 2nd Street in Austin, Texas. Commissioner Nelly Ramirez called the Board Meeting to order at 4:05 p.m. Board Members in Attendance: Rebecca Gonzales Kathleen Hausenfluck Nelly Ramirez Rebecca Bernhardt Board Members Absent: Queen Austin, Amanda Lewis, and Rocky Lane Staff in Attendance: Robin Henderson, Chief of Staff, Austin Police Department Teresa Gardner, Assistant Chief, Austin/Travis County Emergency Medical Services Rob Vires, Chief of Staff, Austin Fire Department Public Communication: 1. APPROVAL OF MINUTES – Vice Chair Commissioner Ramirez asked for any edits to the minutes for January 24, 2022 and February 7, 2022. Hearing no edits to either of the minutes she deemed the minutes approved. 2. OLD BUSINESS a. Recommendation on consolidation of Forensics Lab and APD (sponsored by Commissioner Bernhardt and Ramirez) Commissioner Ramirez asked Commissioner Bernhardt to introduce the recommendation and elaborate on the reason/s for the sponsorship of this recommendation. Commissioner Bernhardt commented on the reasons for bringing the recommendation forward and motioned to vote. Commissioner Ramirez paused her motion and asked for questions or comments on the draft recommendation presented to the board. Hearing no questions from board members, Commissioner Gonzales motioned for a vote and Commissioner Webber seconded the motion. -Carlos Leon - Starbucks 1 The vote was unanimous and taken with roll calling. See recommendation below. PUBLIC SAFETY COMMISSION RECOMMENDATION No. 20220307-02a March 7, 2022 WHEREAS, the City of Austin operates the Forensic Science Bureau, which provides forensic WHEREAS, the City of Austin is committed to the Reimagine Public Safety Initiative, which is Proposal that the Austin City Council make the Forensic Science Bureau independent of the Austin Police Department budgetarily and structurally Date: Subject: Motioned by: Rebecca Bernhardt Seconded by: Nelly Paulina Ramirez Recommendation: The Public Safety Commission recommends that the City Council move the Forensic Science Bureau from under the control of the Austin Police Department and make it budgetarily and structurally independent. laboratory services related to the investigation of crimes, under the budgetary and managerial control of the Austin Police Department; a holistic approach to assessing and evolving public safety systems. Reimagine Public Safety is supposed to go beyond the scope of law enforcement and include decoupling some activities previously envisioned …
MUSIC COMMISSION RECOMMENDATION 20220404-3b Commissioner Mahone Recommendation for Funding Seconded By: Chair Patterson Date: April 4, 2022 Subject: Motioned By: Recommendation The Music Commission recommends that the City of Austin fund the remaining applicants of the Austin Music Disaster Relief Grant. Description of Recommendation to Council The Music Commission recommends that additional disaster relief funds in the amount of $3.3M be made available to fill a shortfall documented by the Economic Development Department in the last round of ARPA funding. Rationale: A tremendous number of ATX working musicians who applied for disaster relief funds were denied due need vastly outstripping demand. Economic Development Department records show this shortfall to be $3.3M. As multiple COVID-19 variants continued to result in cancelled gigs through the early part of this year, our city’s musician have struggled financially since the beginning of the pandemic. The Music Commission recommends that the city help fund this gap through any available source. Vote For: 8 (Chair Patterson, Vice-chair Medicharla, Commissioners Reynolds, Gould, Limon, Mahone, Pike, Strickland) Against: 0 Abstain: 0 Absent: 3 (Commissioners Garcia, Rosenthal, and Sullivan) Attest: Kim McCarson 1 of 1
MUSIC COMMISSION RECOMMENDATION 20220404-3a Seconded By: Commissioner Reynolds Date: April 4, 2022 Subject: Music Commission Budget Recommendation FY 2023 Motioned By: Vice-chair Patterson Recommendation The Music Commission recommends $15 Million for FY 2023 from any and all available sources to sustain, strengthen, and build the Austin music economy. Description of Recommendation to Council The Music Commission, in support of Austin’s unique music ecosystem, recommends that the Austin City Council designate a $15 Million investment for FY2023 to Austin music professionals and enterprises for the purpose of growing operations, fueling Austin music industry growth, and supporting the music community in a visionary way. The Commission gratefully acknowledges the support the Austin music industry received from the City of Austin through COVID relief programs. As we emerge from a two-year pandemic period, the Commission recommends robust dedicated funding to transform and elevate the Austin music economy. Sources for the requested $15 Million could include, but are not limited to the General Fund, hotel occupancy taxes (outside of the Live Music Fund), public-private partnerships, and other sources. The commissions recommends the following investments: 1. As ATX music is a driver of tourism, an increase in Visit Austin’s budget specifically to create a dedicated Music Marketing Fund for the Austin music ecosystem, targeted to audiences both within and outside of Austin. Budget request: $3 Million. Source: Hotel Occupancy Taxes 2. A 3rd round of pandemic disaster relief for musicians due to need vastly outstripping demand in 2021, with the goal of helping musical artists remain in Austin. Budget request: $3 Million. Sources: General Fund, partnerships with private sector entities 3. Investment in the development of a music-centered capital venture which includes low-cost rehearsal, studio and other creative music spaces, and affordable housing units. Budget request: $9 Million. 1 of 2 Sources - Project Connect Anti-Displacement funding, General Fund, Density Bonus fees. With the addition of funding from Federal tax credits for affordable housing and private sector partnerships the total project budget should target $25 Million for a complete development unique to Austin, Texas. Rationale: ● Austin is the Music Capital of the World and the music industry here is a major driver of tourism and economic growth for the City of Austin. ● Austin is facing an affordability crisis, with market-rate real estate out of reach for most musicians, venues, and music industry workers. ● The pandemic has continued to create severe economic losses …
` PUBLIC SAFETY COMMISSION REGULAR MEETING MINUTES April 4, 2022 The Public Safety Commission convened a hybrid in person and videoconferencing meeting Monday, April 4, 2022 at City Hall 301 W. 2nd Street in Austin, Texas. Commissioner Nelly Ramirez called the Board Meeting to order at 4:02 p.m. Board Members in Attendance: Kathleen Hausenfluck Cory Hall-Martin Nelly Ramirez John Kiracofe Rebecca Bernhardt Amanda Lewis Rebecca Webber Rebecca Gonzales Absent: Commissioners Lane, Sierra-Arevalo, and Queen Austin Executive Liaison Present: Robin Henderson, APD Chief of Staff Brandon Wade, Assistant Chief, Austin Fire Department Theresa Gardner, Assistant Chief, Austin/Travis County Emergency Medical Services Public Communications - Citizens signed up to speak: none 1. APPROVAL OF MINUTES – Commissioner Ramirez called for any edits/corrections to the March 7, 2022 minutes and hearing none the minutes were deemed approved. 2. OLD BUSINESS a. Update from Austin Police Department on actions from the Kroll Report and potential recommendation (sponsored by Commissioner Bernhardt and Ramirez) 4:04pm-4:31pm Speaker(s): -Joseph Chacon, Chief, Austin Police Department Chief Chacon provided an update to changes that have been made. With regards to recruitment, he stated that the incoming 144th and 145th Cadet Class saw increased rates of black cadets and female cadets. APD has committed to trying increase female officers by 30% by 2030. They are also working with James Joyce to set diversity metrics. APD is working to modify fitness testing and qualification criteria. APD has updated their policies around use of force. This includes adding 1 language, definitions, and clarifying language around shooting at moving vehicles, firearm discharge situations, and response to resistance, de-escalation and duty to intervene. All 20 use of force cases flagged by Kroll were previously reviewed by APD. Chief Chacon introduced the Force Review Unit, which is outside of the officer’s chain-of-command and reviews use of force cases who are trained to investigate these cases. Commissioner Bernhardt asked if there had ever been the opportunity for an all-female cadet class with all female trainers. Chief responded no, mostly based on class size and trainer availability. Commissioner Webber asked for clarifications around the Force Review Unit. Chief Chacon provided a brief history of the review process. The Force Review Unit has nine dedicated sergeants and one lieutenant who are receiving training to review these cases in a consistent, unbiased manner. Commissioner Gonzales requested that APD continue to provide updates on these recommendations on a monthly basis. 3. …
Commission Member Eyna Canales-Zarate MINUTES for Firefighters’, Police Officers’ and Emergency Medical Personnel’s Civil Service Commission REGULAR MEETING Monday, April 4, 2022 The Firefighters’, Police Officers’, and Emergency Medical Services Personnel’s Civil Service Commission convened in a Special Called Meeting on Monday, April 4, 2022, at 5202 East Ben White Boulevard, Building 500, Austin TX 78741. Board Members in Attendance: Commission Chair Jolsna Thomas Commission Vice Chair Farah Ahmed Staff in Attendance: Monika Arvelo, Assistant Director Mecia Griffin, Civil Service Coordinator Michael Sullivan, Civil Service Coordinator Ann Skowronski, Assistant City Attorney CALL TO ORDER Civil Service Commission Chair Thomas called the Commission Meeting to order at 11:07 a.m. PUBLIC COMMUNICATION: GENERAL Pete DiDonato, Interim Assistant Chief, ATCEMS Chris Vallejo, Commander, Police No members of the public signed up to speak on this item. 1. APPROVAL OF MINUTES a. Approve the minutes from the Firefighters’, Police Officers’, and Emergency Medical Services Personnel’s Civil Service Commission Special Called Meeting of March 10, 2022. The minutes from the Special Called Meeting of March 10, 2022, were approved on Commission Vice Chair Ahmed’s motion, Commission Member Canales- Zarate’s seconded, and the motion passed 3-0. 1 2. NEW BUSINESS a. Hear and rule on appeal(s) from the Austin Police Department Sergeant written promotional examination administered on March 2, 2022, pursuant to the Texas Local Government Code Chapter 143.034, Article 13 of the Agreement between the City of Austin and the Austin Police Association and Rule 7 of the City of Austin Fire Fighters’, Police Officers’ and Emergency Medical Services Personnel’s Civil Service Commission Rules and Regulations. Commission Member Canales-Zarate made a motion that exam question 56 remain as keyed. Commission Vice Chair Ahmed seconded the motion. The motion was approved 2-1 with Vice Chair Ahmed voting no. b. Hear and rule on appeal(s) from the ATCEMS Division Chief written promotional examination administered on March 17, 2022, pursuant to the Texas Local Government Code Chapter 143.034, Article 12 of the Agreement between the City of Austin and the Austin-Travis County EMS Employees Association and Rule 7 of the City of Austin Fire Fighters’, Police Officers’ and Emergency Medical Services Personnel’s Civil Service Commission Rules and Regulations. Commission Vice Chair Ahmed made a motion that answer choice “B” be noted as correct for exam question 30. Commission Member Canales-Zarate seconded the motion. The motion passed 3-0. Commission Member Canales-Zarate Commission made a motion that answer choices “A” …
AUSTIN MUSIC COMMISSION MEETING MINUTES The Austin Music Commission convened in a regular meeting on April 4th 2022, at Austin City Hall, 301 W. 2nd St. Austin, TX 78701 April 4, 2022 BOARD MEMBERS IN ATTENDANCE: Chair - Anne-Charlotte Patterson, Vice-chair - Nagavalli Medicharla, Parliamentarian - Graham Reynolds (virtual), Lauryn Gould (virtual), Christopher Limon (virtual), Jonathan “Chaka” Mahone (virtual), Patrice Pike (virtual), Scott Strickland Staff in Attendance: Erica Shamaly, Stephanie Bergara, Kim McCarson CALL TO ORDER 6:39pm MUSICAL PERFORMANCE PUBLIC COMMUNICATION: GENERAL Jon Muq The first 10 speakers signed up prior to the meeting being called to order will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. None 1. APPROVAL OF MINUTES 2. STAFF BRIEFINGS 3. NEW BUSINESS Approval of Minutes from Regularly Scheduled Meeting on March 7, 2022. Commissioner Reynolds motions. Vice-chair Medicharla seconds. Motion carries 7-0. a. Presentation on the Community Navigator Program by Casey Ubias, Program Manager, Small Business Division, Economic Development Department. Commissioner Limon joins the meeting 7:11pm. a. Discussion and Possible Action on Austin Convention Center renovation, expansion and music industry role following presentation by Katy Zamesnik, Chief Administration Officer, Austin Convention Center. Katy Zamesnik was not able to attend the meeting. No action taken. b. Discussion and Possible Action on Austin Music Disaster Relief following presentation by Casey Smith, Strategic Planning Manager, Economic Development Department. Commissioner Mahone motions to recommend funding the remaining applicants of the Austin Music Disaster Relief Fund. Chair Patterson seconds. Motion carries 8-0. c. Discussion and Possible Action on addition of Short-term Rentals to Hotel Occupancy Tax fund revenue following presentation by Luis Briones, Airbnb. Commissioner Gould left the meeting 8:40pm. Commissioner Limon left the meeting at 8:40pm. 1 AUSTIN MUSIC COMMISSION MEETING MINUTES April 4, 2022 Commissioner Gould returns 8:41pm. Commissioner Gould left the meeting 8:42pm. Commissioner Limon returns 8:42pm. Commissioner Limon left the meeting at 8:49pm. Commissioner Limon returns 8:50pm. Chair Patterson motions to put this item on future agenda, Commissioner Strickland seconds. d. Discussion and Possible Action on the Live Music Fund following update by Kim McCarson, Program Manager, Music and Entertainment Division. No action taken. e. Discussion and Possible Action following update on Joint Arts and Music Commission Working Group. No action taken. f. Discussion and Possible Action regarding officer elections. No action taken. 4. OLD BUSINESS action taken. a. Discussion and Possible Action on budget recommendation. …
COMMISSION ON IMMIGRANT AFFAIRS MONDAY, April 4, 2022 6:30 PM Meeting Minutes Aditi Joshi Rennison Lalgee Kate Lincoln-Goldfinch Joseph Ramirez-Hernandez Juan Vences-Benitez Board Members in Attendance: Krystal Gomez, Chair Nicole Merritt, Vice-Chair Karen Crawford Adrian De La Rosa Board Members not in Attendance: Sara Becker Glenn Rosales Karen Reyes Staff in Attendance: Sinying Chan, Staff Liaison & Health Equity Unit Program Coordinator/Austin Public Health CALL TO ORDER 1. REVIEW AND APPROVAL OF MINUTES – February 7, 2022; March 7, 2022 • February Minutes Approved, Kate moved to approve, motion seconded, all in favor • March Minutes Approved, Kate moved to approve, Karen seconded 2. NEW BUSINESS: DISCUSSION AND POSSIBLE ACTIONS: A. Updates from Rocio Villalobos on her work with the Equity Office i. Equity Office has been working with Austin Public Library and several other partners on creating an enhanced library card that can also serve as a photo ID. Other cities and counties have already created an enhanced library card program, including San Antonio, San Marcos, and a county in Dallas. The office of Councilman Fuentes hosted a townhall to gather feedback from the community. The feedback was that people were more interested in something more like a municipal ID than an enhanced library card. There is also a potential that the United way of Greater Austin could host the database, and could store and manage the data. They are currently looking to see which route, enhanced library card or municipal ID, would be a better option. Concerns are that a municipal ID could be used to target immigrants unlike a library card which is more common, and whether switching to a municipal ID would delay this project. ii. Naturalization ceremonies resumed March 11th. The City of Austin joined the campaign National Partnership for New Americans which is working to help two million immigrants become U.S. citizens. The Equity Office participated in a large press conference of about 300 people. The ceremony was hybrid due to weather restrictions. More ceremonies are planned. iii. The City of San Antonio and other major hubs have been experiencing a large influx of immigrant and are considering the option of having Austin receive and facilitate their travel to relieve some of the burden. Rocio will be going to San Antonio to learn more. Rocio will also be attending the Welcoming Interactive Conference in Charlotte, North Carolina. B. Emi Johnson, Austin Public Library, updates …
HISTORIC LANDMARK COMMISSION GRANTS COMMITTEE Friday, April 1, 2022 – 10:00 A.M. Street-Jones Building, Room 400A 1000 E. 11th Street Austin, Texas COMMISSION MEMBERS: Witt Featherston Kelly Little Blake Tollett CALL TO ORDER AGENDA PUBLIC COMMUNICATION: GENERAL Speakers who register no later than noon the day before the meeting will be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. 1. Briefing regarding legal consideration related to equity in Economic Development Department Hotel Occupancy Tax-funded programs Neal Falgoust, City of Austin Law Department STAFF BRIEFING A. ADJOURNMENT The City of Austin is committed to compliance with the American with Disabilities Act. Reasonable modifications and equal access to communications will be provided upon request. Meeting locations are planned with wheelchair access. If requiring Sign Language Interpreters or alternative formats, please give notice at least 2 days (48 hours) before the meeting date. Please call the Historic Preservation Office at 512-974-3393 for additional information; TTY users route through Relay Texas at 711. For more information on the Grants Committee, please contact Elizabeth Brummett, Historic Preservation Officer, at 512-974-1264. 1
Equity Considerations in Contracts and Program Funding Historic Landmark Commission Grants Committee April 1, 2022 Neal Falgoust, Assistant City Attorney Purpose • Discuss legal risks associated with using race, gender and protected-class criteria in determining awards of contracts and program funding. 2 Why Now? • Recent federal court decisions that put race-focused programs at risk. • Law Department deliberative process. • Briefing to City Council. 3 Acknowledgement • History of intentional racial segregation – 1928 Master Plan and “Negro District.” • Oppression of BIPOC – 1954 Federal Housing Act, “urban renewal,” and seizing of Black-owned land. • City Council has committed the City to correcting its racist practices. (Resolution 20210304-067) 4 City’s Programs • As part of Project Connect, community members developed displacement mitigation strategies and an equity tool to guide decision making. (“Nothing About Us Without Us”) • EDD also wants an equity focus for the Cultural Arts and Heritage Tourism grant programs. 5 Legal Foundation • 14th Amendment – Equal Protection Clause • No government may “deny to any person within its jurisdiction the equal protection of the laws.” 6 “Tiered Scrutiny” • Strict Scrutiny (Race, National Origin, Religion, Alienage) – Government must demonstrate the policy is narrowly tailored to meet a compelling purpose. • Intermediate Scrutiny (Gender, Sex, Sexual Orientation?) – Government must demonstrate the policy is substantially related to an important purpose. • Rational Basis (Age, Disability, Wealth, Felony Status) – The policy must have a rational connection to a legitimate interest. 7 Strict Scrutiny Any government program that takes race into consideration faces strict scrutiny by the courts. Strict scrutiny is the most rigorous judicial review. Courts start with presumption that policy is invalid and government must prove its interests. 8 Compelling Government Interest The government must demonstrate: • actual discrimination in the relevant market, and • that the government either actively or passively perpetuated the discrimination. 9 Narrowly Tailored The government must demonstrate: • it considered other race-neutral policies; • race-neutral policies failed to achieve the compelling interest. 10 City of Richmond v. J.A. Croson Co. • “Generalized assertions” of past racial discrimination would not justify “rigid” quotas; • 30 percent quota could not be connected to “any injury suffered by anyone;” • Race-neutral measures must be seriously considered. 11 Evidence Acceptable to a Court Disparity studies are conducted to determine if there is discrimination in the studied market and if the government is …
