Item 5 - Austin Police Oversight - Mediation Program — original pdf

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Mediation Program Community Police Review Commission April 17, 2026 1 Agenda 01 About Austin Police Oversight 02 Authority 03 About Mediation 04 Process 05 Benefits 2 1. About Austin Police Oversight 3 About Austin Police Oversight The mission of Austin Police Oversight is to provide impartial oversight of the Austin Police Department’s conduct, practices, and policies to enhance accountability, inform the public to increase transparency and create sustainable partnerships throughout the community. ACCOUNTABILITY TRANSPARENCY PARTNERSHIPS 4 About Austin Police Oversight WHAT WE DO WHAT WE DO NOT DO  Separate, independent, civilian oversight  Review all community complaints  We have full access to all APD databases  Make recommendations to the Chief of Police & City Manager related to discipline, administrative policies and training  Educate community members about the complaint process, our reports and recommendations, and their rights when interacting with law enforcement We do NOT work for or report to APD orthe Chief of Police We do NOT oversee other law enforcement agencies We do NOT oversee criminal cases We do NOT administer discipline to officers We are NOT the final decision-makers on issues related to discipline and training 5 2. Authority 6 Authority: Meet and Confer Agreement Mediation authorization is established in the 2024 Meet and Confer Agreement between City of Austin and the Austin Police Association (APA) in Article 17, Disciplinary Actions, Demotion, & Appeals. Section 16—The CITY shall implement a voluntary mediation process concerning both citizen and internal complaints. The ASSOCIATION may appoint two persons to work with the CITY in developing the specific operating procedure. The process shall include and be based upon the following concepts: a) Mediation shall be an option offered to the complainant at any time during the investigatory process in which the Chief deems appropriate. Mediation shall only be offered in cases in which allegations are for minor policy violations, such as rudeness. The Chief or their designee shall have final authority as to whether mediation is an appropriate avenue for remedy. b) For a complaint to proceed to mediation, both the Officer and the complainant must voluntarily agree. c) Once mediation has been agreed to, the matter cannot be returned to the Department to be handled as a disciplinary matter. 7 Authority: General Orders Mediation authorization is also established in the Austin Police Department (APD) General Orders: 902.6.5 Investigations Handled Through Mediation As an alternative to the normal IA process utilized in investigating complaints, the complainant and involved officer(s) may be invited to voluntarily participate in mediation. Mediation shall be an option discussed by the Austin Police Oversight (APO) intake staff after the external complaint affidavit has been submitted by the complainant. Complaints recommended for mediation will be noted on the APO Interoffice Delivery Sheet. The APO Interoffice Delivery Sheet and the original external complaint affidavit will be delivered to IA by APO staff. Once mediation has occurred, the matter cannot be returned to the Department to be handled as a disciplinary matter unless the officer fails to complete the mediation session. 8 Authority: APO Operational Procedures Finally, Mediation is established in the Austin Police Oversight (APO) Complaint Division Operational Procedures: Chapter 10—Mediation Police–community mediation is a structured, voluntary process that helps resolve conflicts between community members and police officers through dialogue rather than discipline or force. It focuses on rebuilding trust, improving communication, and creating mutually acceptable solutions. Police–community mediation is a confidential, facilitated conversation between a community member and a police officer, guided by a neutral mediator. It is used when someone files a complaint or when a conflict arises that would benefit from dialogue rather than punitive action. . 9 3. About Mediation 10 What is Mediation? Mediation is a voluntary, confidential process in which a neutral mediator facilitates dialogue between a community member and a police officer to resolve concerns, improve understanding, and rebuild trust outside of a disciplinary framework. 11 Memorandum of Understanding Mediation authorization is also established in the Memorandum of Understanding between the Dispute Resolution Center of Austin (DRC) and Austin Police Oversight (APO)  MOU The purpose of the MOU is to establish a collaborative framework among the Dispute Resolution Center (DRC), APD, and the APO to provide mediation services for interactions between members of the public and APD officers in which the public has submitted a complaint regarding alleged police misconduct. The goal of mediation is to provide a safe, confidential, and voluntary space where conflicts between complainants and officers can be communicated openly to work towards mutually acceptable resolutions, facilitated by an impartial third-party mediator. 12 Purpose • Establish a collaborative framework between agencies and entities for interaction around discord. • Provide a safe, confidential, and voluntary space where community members and police officers can talk openly about their interactions and actions. • Create a forum where people in discord can work toward a mutually acceptable resolution to their disagreement. • Cultivate a more trusting relationship between community members and police officers. • Encourage dialogue between community members and police officers so they may educate each other on various norms, customs, and behaviors. • Compliance with APA Contract, APD General Order, and APO’s Standard Operating Procedures. 13 4. Process 14 Process 1 2 3 4 Identify cases suitable for mediation based on public complaints against APD officers. Approval from the chain of command and willingness on the part of the officer to mediate a complaint shall be obtained prior to offering mediation to the complainant. Refer the complainant, involved officer, and the involved officer's chain of command to the DRC for voluntary participation in the mediation process. A neutral third-party mediator from the Dispute Resolution Center will contact the complainant and the officer to complete an intake/assessment, answer questions specific to mediation, and schedule a date/time for the mediation session. 15 Process continued 5 6 7 8 Respect and protect the confidentiality of the mediation process as required by law and mediation best practices. All mediations by agreement will be conducted virtually. At the conclusion of a mediation session, the mediator will provide the APO Mediation Coordinator a written response stating whether both parties appeared and whether the session resulted in a completed mediation. Failure to attend a rescheduled mediation session will result in the following action: (a) If the officer fails to attend, the allegation will be fully investigated by IA. (b) If the complainant fails to attend, the complaint shall be closed as a contact by IA. 16 Core Goals Humility Empathy EFFECTIVE MEDIATORS HAVE 1. Improve Communication and Understanding • Creates a safe space for both sides to explain what happened. • Helps each party understand the other’s perspective and experiences. Reduces misunderstandings that often escalate conflict. • Patience 2. Resolve Complaints Collaboratively • • Allows community members and officers to address concerns directly. Focuses on mutually acceptable agreements, not punishment. • Only used for low-level or interpersonal complaints. Credibility Sensitivity 3. Strengthen Community–Police Relationships • Builds trust by showing that officers are willing to listen and engage. • Helps humanize both sides and reduce long-term tension. • Programs report higher satisfaction for both officers and residents. 17 Core Goals continued 4. Provide a Safe, Confidential, Neutral Environment • Sessions are private and facilitated by trained mediators (e.g., Dispute Resolution Centers). • Confidentiality encourages honesty and reduces fear of retaliation. 5. Reduce Repeat Conflicts and Resource Strain • By resolving underlying issues, police receive fewer repeat calls. • Helps departments focus complaint investigator resources on more serious matters. 6. Promote Healing and Accountability • Gives community members a voice in the process. • Encourages officers to reflect on interactions without the adversarial tone of formal discipline. Supports long-term peace and better future encounters. • 18 5. Benefits 19 Benefits of Mediation for Police Officers 1. 2. 3. 4. 5. Constructive Feedback: Officers get to hear how their actions came across to the other person, which can be more meaningful than a written report and helps with professional growth and communication. Reduces conflict and stress: Mediation shifts the focus to problem-solving rather than assigning punishment, which can reduce stress, defensiveness, and the perception that every complaint is punitive. Clarify Intention: Mediation allows officers to explain their perspective in a controlled, respectful environment, thereby restoring trust. Timely Resolution of Low-Level Complaints: Mediation can appropriately resolve low-level complaints before they escalate, conserving departmental resources and allowing officers to focus on core duties. Improve Communication Skills: Officers gain tools for listening, empathy, and constructive dialogue skills that carry forward into field interactions. 20 Benefits for Community Members 1. 2. 3. Voice and Validation: People can directly express how an incident impacted them, which is often not possible in the traditional complaint process. Timely Resolution: Mediation helps resolve concerns more quickly than a formal investigation. This can ease stress and uncertainty for the person who filed the complaint while still ensuring the issue is taken seriously. Transparency and Understanding: Community members gain insight into policies, procedures, and situational constraints that might not be obvious from the outside. 4. Healing and Closure: 5. Even when harm can’t be undone, acknowledgment and apology (when appropriate) often matter more than a formal discipline. Safe Space: Because mediation is voluntary and facilitated by a neutral third party, it can help community members feel heard rather than intimidated. 21 Join us at the next Police Oversight Implementation Meeting Next meeting: Saturday, June 6, 2026, 10:00 am – 12:00 pm Location: Conley-Guerrero Senior Activity Center (808 Nile St., Austin, TX.) Follow us on Twitter or Facebook to stay informed! opo.outreach@austintexas.gov atxpoliceoversight.org 22