item 7 - Creation of a Publicly Accessible Communication Platform — original pdf

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Community Police Review Commission City of Austin Resolution No. [_] A RESOLUTION RECOMMENDING THE CREATION OF A PUBLICLY ACCESSIBLE COMMUNICATION PLATFORM TO ENHANCE TRANSPARENCY WHILE ENSURING COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT AND APPLICABLE CONFIDENTIALITY LAWS WHEREAS, the Community Police Review Commission (“CPRC”) is tasked with reviewing police conduct, policies, and oversight matters of significant public concern, including Internal Affairs investigations and related materials, pursuant to its authority under applicable City ordinances; and WHEREAS, the CPRC’s responsibilities require the review of substantial volumes of records, including investigative files, body-worn camera footage, and policy documentation, necessitating sufficient time and coordination to conduct thorough and informed evaluations; and WHEREAS, the CPRC currently conducts official deliberations during its posted public meetings, typically held once per month, which may limit the Commission’s ability to efficiently address complex and time-sensitive matters; and WHEREAS, the Texas Open Meetings Act requires that meetings of a governmental body be open to the public and defines “meeting” and “deliberation” to include written and electronic communications among a quorum regarding public business; and WHEREAS, TOMA prohibits deliberation among a quorum outside of a properly noticed meeting and has been interpreted by Texas courts and the Attorney General to prohibit “walking quorums,” including serial or sequential communications that collectively involve a quorum; and WHEREAS, TOMA permits the one-way dissemination of information and administrative coordination, provided such communications do not constitute deliberation or involve interactive exchanges among a quorum; and WHEREAS, the establishment of a publicly accessible, City-managed communication platform would enhance transparency, improve public access to information, and support the CPRC’s ability to share non-deliberative information in compliance with TOMA; and WHEREAS, any such platform must be carefully structured to prevent interactive or sequential communications that could constitute deliberation outside of a posted meeting; and WHEREAS, the CPRC recognizes its obligation to protect confidential, privileged, and legally restricted information, including but not limited to personnel records, internal affairs investigative materials, and information protected under state or federal law, including the Texas Public Information Act; and WHEREAS, the development of such a platform should occur in consultation with the City Attorney’s Office to ensure full compliance with TOMA, the Texas Public Information Act, and all applicable confidentiality requirements; NOW, THEREFORE, BE IT RESOLVED BY THE COMMUNITY POLICE REVIEW COMMISSION OF THE CITY OF AUSTIN: BE IT FURTHER RESOLVED that the Commission recommends the Austin City Council direct the City Manager to evaluate the feasibility and implementation of a publicly accessible, City- hosted communication platform dedicated to the Community Police Review Commission (“CPRC”). BE IT FURTHER RESOLVED that such platform be designed to enhance transparency, allow for the one-way dissemination of information to the public, and improve operational efficiency in the handling of CPRC matters. BE IT FURTHER RESOLVED that the platform be structured to ensure full compliance with the Texas Open Meetings Act, including prohibiting deliberation among a quorum of Commissioners outside of posted meetings, prohibiting interactive or sequential communications between Commissioners, and avoiding any structure that could create a “walking quorum” under Texas law. BE IT FURTHER RESOLVED that the platform shall strictly limit content to publicly releasable, non-confidential information only, and shall prohibit the posting or disclosure of any confidential, privileged, or protected information, including but not limited to internal affairs investigative materials, personnel records, ongoing investigative information, and personally identifiable information not authorized for public release, in compliance with the Texas Public Information Act and all other applicable laws. BE IT FURTHER RESOLVED that permissible content on the platform may include, to the extent authorized by law, general case status updates, procedural information, publicly released materials, individual non-interactive Commissioner statements, and administrative updates. BE IT FURTHER RESOLVED that the City Manager coordinate with the City Attorney’s Office, the Office of Police Oversight, and all relevant City departments to develop and implement policies, safeguards, and operational procedures necessary to ensure full legal compliance prior to implementation of the platform. BE IT FURTHER RESOLVED that the City Manager evaluate the need for additional posted meetings, administrative support, and appropriate record retention practices necessary to support the effective and lawful operation of the platform. BE IT FINALLY RESOLVED that this Resolution be transmitted to the Austin City Council for consideration and appropriate action. ADOPTED by the Community Police Review Commission of the City of Austin on [date].