Item 5: APD Responses — original pdf

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1. Training on LGBTQIA+ Sensitivity  Follow-up Required: Detailed information on LGBTQIA+ specific training for o(cid:431)icers, including transgender sensitivity, and cultural competency training that addresses the correct way to engage with trans individuals and other marginalized groups within the community.  Below is a non-exhaustive list of training APD o(cid:431)icers receive:  LGBTQ+ - 2 hours  Multiculturalism and Human Relations - 8 hours  Understanding Transgender: A Community-Oriented Approach for Law Enforcement - 3 hours  A subset of classes is provided for other marginalized groups:  History of Race and Police in Austin (course created for APD)- 4 hours  Racial Profiling (BPOC 6)-4 hours  Traumatic and Acquired Brain Injury - 2 hours  Interacting with Drivers who are Deaf or Hard of Hearing - 4 hours  Crisis Intervention Training (CIT) - 40 hours  Related Policies: APD's training academy includes 80 hours of pre-academy training, with additional in-service training for o(cid:431)icers. However, there's a request to assess how this training can be expanded and evaluated for e(cid:431)ectiveness. 2. Community Engagement and Liaison Activities  Follow-up Required: Clarification on the LGBTQIA+ Liaison position within the APD and whether this role is filled specifically by an LGBTQIA+ o(cid:431)icer.  The LGBTQIA+ Liaison role is not filled by an APD o(cid:431)icer. Instead, it is held by a civilian sta(cid:431) member within the O(cid:431)ice of Community Liaison.  APD is currently evaluating formalizing a liaison program for O(cid:431)icers.  Related Policies: O(cid:431)icers from the Community Liaison O(cid:431)ice represent various communities, including the LGBTQIA+ community, and work to ensure proper engagement with community members. 3. Use of Force Review and Accountability  Follow-up Required: Provide statistics on use of force incidents within the LGBTQIA+ community, including cases of excessive force and how they were handled. There's also a request for data on how often o(cid:431)icers are held accountable following use of force incidents.  The Department does not currently track people’s sexual orientation or their transgender/cisgender status, so there is not a way to generate an accurate report for that type of information.  Related Policies: Use of force incidents are reviewed at multiple levels, including initial reports by the o(cid:431)icer, review by supervisors, the Force Review Unit, and O(cid:431)ice of Police Oversight. Excessive force is defined as using more force than necessary to control a situation, and the department has multiple layers of review and accountability, including external oversight. 4. Excessive Force and Investigations  Follow-up Required: Update the community on the current status of investigations into incidents involving excessive force, particularly those involving the trans woman in the video. Request for an updated press release to provide a clear and accurate update on the ongoing investigation.  Regarding the follow-up request on excessive force investigations, it’s important to note that while the term “excessive force” is often used broadly in public discourse, within our department and under established legal standards, it has a specific definition—namely, force that exceeds what is objectively reasonable under the circumstances (as outlined in Graham v. Connor and departmental policy).  The Response to Resistance (R2R) incident involving the individual referenced in the video was thoroughly reviewed by the Force Review Unit and determined to be within both department policy and applicable law. As such, it does not meet the definition of excessive force from an investigative or administrative standpoint.  Related Policies: The Force Review Unit and Internal A(cid:431)airs handle these investigations, and the O(cid:431)ice of Police Oversight is involved from the beginning. If a complaint is made, there are procedures for community members to file complaints, including anonymous reporting. 5. Transparency and Communication  Follow-up Required: Continue to improve transparency regarding internal investigations and make the results of these investigations publicly available after they are concluded. This includes incident reports and findings, particularly regarding any force-related incidents.  All personnel files are now public, once an investigation is complete.  Findings related to formal internal investigations can be found on the O(cid:431)ice of Police Oversight website under:  Disciplinary Recommendations  Disciplinary Memos  Related Policies: Public records requests can be made to access police records, including reports and investigations, unless they are still part of an active investigation. The department has expressed a commitment to communicating updates and transparency in these cases. 6. LGBTQIA+ Rights and State Laws  Follow-up Required: Clarification on how the APD will respond if anti-queer or anti-trans laws are passed at the state level. There was a concern about whether APD o(cid:431)icers would enforce anti-queer laws in the future, and how the department could balance law enforcement duties with protecting the community's rights.  APD has a responsibility to protect rights and pursue justice for all members of our community. APD has a robust policy that strictly prohibits racial or bias-based profiling. The policy prohibits law enforcement action solely based on an individual’s gender identity or sexual orientation.  Related Policies: APD representatives stated that they are required to enforce state and city laws but expressed an openness to dialogue about how to balance enforcement with community protection in the face of potentially harmful legislation. 7. Complaints and Discipline  Follow-up Required: Provide statistics on how often o(cid:431)icers are disciplined following complaints and how many complaints result in disciplinary actions. Community members want clarity on how often o(cid:431)icers are held accountable for misconduct, especially regarding transgender-related incidents.  APD Internal A(cid:431)airs can provide this data as it pertains to all citizens, but as previously stated, we do not currently track LGBTQ+ status.  Findings related to formal internal investigations can be found on the O(cid:431)ice of Police Oversight website under:  Disciplinary Recommendations  Disciplinary Memos  Related Policies: Complaints are tracked, and investigations are conducted, including possible disciplinary actions for o(cid:431)icers. There is a separate oversight mechanism by the O(cid:431)ice of Police Oversight, which also tracks outcomes and provides recommendations. 8. Reimagining Public Safety  Follow-up Required: Further discussion and transparency on reimagining public safety, especially regarding the role of police in LGBTQIA+ community spaces. There were concerns about how safety could be maintained without the presence of police in certain events, such as pride parades and drag shows.  Public safety at these events is managed similarly to other large-scale events hosted in Austin, such as SXSW, ACL, and citywide races. We coordinate through local area commanders and the Special Events Unit to ensure the safety of all attendees. Other City departments assist with providing that safety to include Austin Transportation and PACE.  Related Policies: There has been a city-wide e(cid:431)ort to reimagine public safety, and APD representatives expressed a willingness to reconsider the role of police at certain LGBTQIA+ events, o(cid:431)ering alternatives for creating safe spaces. 9. LGBTQIA+ Data Tracking  Follow-up Required: APD representatives should provide data on hate crimes targeting the LGBTQIA+ community. The department tracks incidents involving bias or hate crime nexus, and there was a request for more detailed statistics on hate crimes against LGBTQIA+ individuals.  There have been 13 hate crimes reported to the FBI with the bias being related to LGBTQI+ this year so far.  The City of Austin maintains a public facing dashing board that tracks hate related crimes which can be found here:  Austin Against Hate – Community Data Dashboard  Related Policies: APD tracks incidents with a potential hate crime nexus, and the Victim Services Unit follows up on cases that may be related to bias or hate crimes. The Safe Place Initiative also allows businesses to serve as safe havens for individuals targeted due to their LGBTQIA+ identity. More information on the Safe Place Initiative and how you can participate can be found here:  APD Safe Place 10. Complaint Process and Community Engagement  Follow-up Required: Organize a town hall or public forum to discuss concerns related to LGBTQIA+ community-police relations and the specific challenges faced by transgender individuals during police interactions.  We have previously expressed our openness to engaging in these discussions  with LGBTQIA+ groups and others. We remain committed to listening to concerns and fostering dialogue. If you would like to schedule a town hall with Chief Lisa Davis, please contact her Admin. Asst. Connie Faulcon at 512 974-5590 or constance.faulcon@austintexas.gov  Related Policies: The O(cid:431)ice of Police Oversight will be involved in any investigations and has access to all records. They will be able to answer questions and provide feedback on cases as part of a more open and transparent process. APD has expressed willingness to coordinate with the commission for better community feedback. In addition to the above items, I have noted that commissioners would like to receive follow up on:  How many personnel are assigned to reviewing g file reports? o There are approximately 20-30 persons assisting in the review of g file reports. The personnel assisting with these reviews have other responsibilities and are not assigned to g file review on a full-time basis.  When will the Community Police Review Commission begin meeting? o The CPRC began meeting in May of 2025. More information on the committee can be found here: Meetings of the Community Police Review Commission - Page 1 | AustinTexas.gov  How many use of force incidents does APD have per year? How many are classified as excessive use of force? Does APD have any goals for a reduction in the number of excessive use of force cases per year? o APD places an emphasis on Integrated Communication and Tactics (ICAT) training that was designed by the Police Executive Research Forum (PERF). This training has been proven to reduce use of force incidents in other agencies. o APD also places an emphasis on Active Bystandardship for Law Enforcement (ABLE) which is a training program designed to empower police o(cid:431)icers to intervene and prevent harmful behaviors, misconduct, and mistakes within their ranks. It aims to foster a culture of accountability and support, encouraging o(cid:431)icers to actively intervene when they witness a colleague engaging in inappropriate behavior or potentially harmful situations. o APD is currently in the process of revising its methodology for reporting Use of Force data. As part of this transition, APD has suspended the release of all use of force data to external entities. This change was discussed during the Special Called Meeting of the Public Safety Committee held on May 19, 2025. More information about APD use of force data can be found here: Use of Force Analysis | AustinTexas.gov  Update on press release regarding the March 2nd incident on 6th street. o The press release regarding this incident can be found here: APD Statement Regarding March 2 Incident on 6th St. | AustinTexas.gov. There are no additional updates at this time.  Update regarding APD o(cid:431)icers asking if people are male or female. o APD Policy 306.3.1 (e)5 states: “If the gender of the individual needing to be searched comes into question, o(cid:431)icers should respectfully inquire as to whether the individual identifies as transgender. When an individual self- identifies as transgender, o(cid:431)icers will not question this identity absent articulable, compelling reasons, nor will an o(cid:431)icer inquire about intimate details of an individual's anatomy to determine gender. O(cid:431)icers needing to search a person who has disclosed that, or the o(cid:431)icer recognizes by prior knowledge, the individual is Transgender, Intersex, and/or Fender Non- Binary/Gender Non-Conforming (TIGN), should, when practicable, conduct the search based on the gender with which the individual identifies. (For example, a Female-to-Male individual should, when practicable, be searched by a male o(cid:431)icer, or by a female o(cid:431)icer who conducts an opposite gender search. A Male-to Female individual should, when practicable, be searched by a female o(cid:431)icer, or by a male o(cid:431)icer who conducts an opposite gender search).” o All APD policies can be found here:  Austin Police General Orders  Update regarding the Code Enforcement incident on 4th street last month (body cam footage?) o We defer to Code Enforcement for questions regarding their actions.  What are the compositions of APD internal oversight committees? o APD has multiple internal committees, but the ones related to this thread of questions are the Hate Crimes Review Committee and The R2R Audit Group:  Hate Crimes Committee – has the responsibility to review all suspected hate crimes on a monthly basis to determine those cases that fall within the definition of a hate crime for evaluation and recommendations to prosecutors for hate crime related enhancements and is comprised of:  Crime Records Manager, Victim Services Lead Counselor, IT Systems Administrator, Assistant Chief of Special Victims Bureau, Centralized Investigations Division Lieutenant, and 2 Centralized Investigations Detectives  Response to Resistance (R2R) Audit Group – has the responsibility of objectively evaluating an o(cid:431)icer’s Response to Resistance identify any policy, training, tactical, equipment, or other improvements related to the force incident that may be needed. The group shall also review the quality and timeliness of the response to resistance reporting, and review, and take appropriate action. The Chief may direct the group to review any Response to Resistance incident. The group is comprised of:  Force Review Commander, a representative from City Legal, a monthly rotating panel of three (3) commanders, the Force Review Lieutenant, and the Firearms Training Unit Lieutenant. If you would like to learn more about the Austin Police Department here are two opportunities to do so.  Apply to the APD Ride Along Program | AustinTexas.gov  Community Police Academy | AustinTexas.gov