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 …
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 …