REGULAR CALLED MEETING of the PUBLIC SAFETY COMMISSION September 9, 2024 at 4:00 PM Austin City Hall Boards and Commissions Room #1101 301 West 2nd Street Austin, Texas 78701 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 via 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 by telephone. To register to speak remotely, call or email Christi Vitela, 512- 974-2792, christi.vitela@austintexas.gov. CURRENT COMMISSIONERS: Nelly Paulina Ramírez, Chair Timothy Ruttan, Vice Chair Rebecca Bernhardt Paul Hermesmeyer David Holmes AGENDA CALL TO ORDER PUBLIC COMMUNICATION: GENERAL Pierre Nguyễn Kristy Orr Angelica Reyes Michael Sierra-Arévalo Yasmine Smith The first five 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. APPROVAL OF MINUTES 1. 2. Approve the minutes of the Public Safety Commission regular meeting on August 5, 2024. DISCUSSION ITEMS Public Safety Quarterly Report, Austin/Travis County Emergency Medical Services. 3. 4. 5. 6. 7. Update from Public Safety Commissioners on the Austin Police Department Police Chief interview panel. Update on Text to 911 by Chief Jeff Greenwalt, Austin Police Department. DISCUSSION AND ACTION ITEMS Approve a Recommendation to Council for Workers’ Compensation for Public Safety sworn staff to adopt a policy to remove barriers and reduce impact on staffing. Approve the formation of a Collective Sex Crimes Response Model (CSCRM) Working Group to devise recommendations in support of the CSCRM’s project objectives until completion. WORKING GROUP UPDATES FUTURE AGENDA ITEMS Update from Austin Police Department Training Academy Working Group to include the progress on the review of content so far and an outline of the work plan. 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 Christi Vitela at the Office of the City Clerk Department, at 512-974-2792 for additional information; …
Public Safety Commission Meeting Minutes Monday, August 5, 2024 PUBLIC SAFETY COMMISSION REGULAR CALLED MEETING MINUTES Monday, August 5, 2024 The Public Safety Commission convened in a regular called meeting on Monday, August 5, 2024, at City Hall Building, Boards and Commissions Room, 301 W 2nd Street in Austin, Texas. Chair Ramírez called the Public Safety Commission Meeting to order at 4:01 p.m. Commissioners in Attendance: Nelly Paulina Ramírez, Chair Rebecca Bernhardt Paul Hermesmeyer David Holmes Pierre Nguyễn Kristy Orr Michael Sierra-Arévalo Commissioners in Attendance Remotely: Timothy Ruttan, Vice Chair Yasmine Smith PUBLIC COMMUNICATION: GENERAL Carlos León Patrick Jones Sonja Burns APPROVAL OF MINUTES 1. Approve the minutes of the Public Safety Commission regular meeting on June 3, 2024. The minutes from the meeting on 06/03/2024, were approved on Commissioner Bernhardt’s motion, Commissioner Nguyễn’s second on an 8-0 vote. Commissioner Smith abstained. Commissioner Reyes was absent. 2. Approve the minutes of the Public Safety Commission regular meeting on July 1, 2024. 1 Public Safety Commission Meeting Minutes Monday, August 5, 2024 The minutes from the meeting on 07/01/2024, were approved on Commissioner Bernhardt’s motion, Commissioner Nguyễn’s second on a 9-0 vote. Commissioner Reyes was absent. DISCUSSION ITEMS 3. Public Safety Quarterly Report, Austin Fire Department, including an update on allowing a single stairway for multifamily development up to five stories. The presentation was made by Tom Vocke, Assistant Chief, Austin Fire Department. 4. Discussion of Workers’ Compensation insurance program with Public Safety Unions and City of Austin representatives. The presentations were made by Deven Desai, Chief Ethics and Compliance Officer, Office of the City Auditor; Susan Sinz, Director of Human Resources, Human Resources Department; Bob Nicks, President, Austin Firefighters Association; Selena Xie, President, Austin EMS Association; Michael Bullock, President, Austin Police Association; Chris Juusola, Lieutenant, Austin Police Department; Dennis Ferris, President, Austin Police Retired Officers Association; and Dawn Hirsch, Firefighter, Austin Fire Department. 5. Update from Public Safety Commissioner on their attendance of the Austin Police Department Police Chief interview panel. Postponed. DISCUSSION AND ACTION ITEMS 6. Approve a Recommendation to Council to provide funding for SAFE Forensic Nursing Program. The following amendment was made by Commissioner Smith and seconded by Commissioner Hermesmeyer. The amendment was to remove “for forensic nursing compensation” from the final clause. The amendment failed on a 4-5 vote. Those voting aye were Commissioners Hermesmeyer, Holmes, Sierra-Arévalo and Smith. Those voting nay were Chair Ramírez, Vice …
PUBLIC SAFETY COMMISSION RECOMMENDATION September 9, 2024 Workers Compensation Program for Public Safety Sworn Staff WHEREAS, the Austin Public Safety Commission is tasked with providing Date: Subject: Motioned by: Seconded by: Recommendation: The Public Safety Commission recommends recommendations to the Austin City Council; Emergency Medical Services Association and the Austin Police Association provided presentations, witnesses, and materials on the current challenges with the City of Austin Workers Compensation program;1 shortages at a premium labor cost to the City of Austin; enabling employees to return to work; WHEREAS, all three public safety departments are facing significant staffing challenges; WHEREAS, prompt resolution of claims and obtaining medical treatment is key to WHEREAS, representatives from The Austin Firefighters Association, The Austin WHEREAS, all three public safety departments use overtime to mitigate staffing WHEREAS, of the 1260 current AFD sworn hires 63 are on limited/no duty status due to a workers comp injury representing 5%; WHEREAS, of the 572 current ATCEMS sworn hires 9 are on limited/no duty status due to a workers comp injury representing 1.6%; WHEREAS, of the 1470 current APD sworn hires 37 are on limited/no duty status due to a workers comp injury representing 2.5%; 1 Austin Public Safety Commission Regular Meeting, August 5, 2024, Item 4 https://austintx.new.swagit.com/videos/311493 WHEREAS, delayed recovery creates a reduced capacity in delivering emergency services to the community. WHEREAS, 13.2% of AFD claims, 17.5% of ATCEMS, and 16% of APD workers compensation claims are denied;2 WHEREAS, the City of Austin is self-insured and ultimately responsible for all decisions on workers’ compensation claims;3 WHEREAS, if workers compensation claims are denied the appeals process is lengthy during which the employee’s medical needs remain unaddressed and the city’s short-staffing due to injury is unresolved; WHEREAS, delayed recovery creates a reduced capacity in delivering emergency services to the community. WHEREAS, if a workers compensation claim is ultimately denied, the only recourse is coverage of medical claims through the City of Austin’s employee health insurance plan which the City of Austin is also responsible and self-insured; WHEREAS, a slow and perceived hostile workers compensation program is detrimental to employee morale, retention, and well being; WHEREAS, the contract with Sedgwick, the Third Party Administrator of the workers compensation program, is set to expire in March 2025 providing an opportunity to improve the program.4 BE IT RECOMMENDED BY THE PUBLIC SAFETY COMMISSION OF THE CITY OF AUSTIN THAT: • The City of Austin …
Overview of Workers Compensation at the City of Austin Public Safety Commission August 2024 1 History of Workers Compensation in Texas • A form of workers compensation started in Texas in 1913 or so, with many changes through the 100+ years of its existence in Texas. • What is it generally? • Workers Compensation (hereafter “WC”) provides benefits to workers that are injured or become disabled as a result of their job. • Texas is the only state where WC is optional for an employer, though it is mandatory for public employers and those entities that have a contract with a public employer. 2 Workers Compensation at the City of Austin • Most private companies pay an insurance company an annual premium to handle their WC claims, much like they pay for car insurance and liability insurance. • If you meet the eligibility requirements to be self-insured in Texas, you can provide WC insurance without purchasing private insurance. • Unlike most private entities that go out and purchase WC insurance, and most public entities in Texas do not purchase private WC insurance, they are instead self-insured. • Self insured employers have the same rights and responsibilities as those that purchase private insurance. 3 Workers Compensation at the City of Austin • The City of Austin is self insured for WC for its employees. • While most Cities in Texas are self insured, there are still administrative logistics that are very detailed that must be complied with for processing worker’s compensation claims. • There are various 3rd Party Administrators (hereafter “TPA”) that provide an expertise in processing WC claims, and the City has had various TPA’s process WC claims over the years. • The current TPA for the City of Austin is “Sedgwick”. 4 Workers Compensation at the City of Austin • At the City of Austin, Sedgwick is the TPA for all employees, not just the public safety personnel. • However, as is expected, WC claims are higher for the departments where more physical exertion is required as opposed to desk jobs. • Our highest raw number of claims comes from the public safety departments. 5 State of the current contract with Sedgwick • Our current contract with Sedgwick is set to expire in March of 2025, and the COA had conducted a RFP process to find a new TPA for a new multi year agreement. • However, we have …
Emergency Medical Services Incident and Response Data FY24 Q3 Wesley Hopkins, Chief of Staff 1 Incidents, Patient Contacts, Transports January 2021– August 2024 Incidents | Patient Contacts | Patient Transports January 2021 - August 2024 14000 12000 10000 8000 6000 4000 2000 0 1 2 - n a J 1 2 - b e F 1 2 - r a M 1 2 - r p A 1 2 - y a M 1 2 - n u J 1 2 - l u J 1 2 - g u A 1 2 - p e S 1 2 - t c O 1 2 - v o N 1 2 - c e D 2 2 - n a J 2 2 - b e F 2 2 - r a M 2 2 - r p A 2 2 - y a M 2 2 - n u J 2 2 - l u J 2 2 - g u A 2 2 - p e S 2 2 - t c O 2 2 - v o N 2 2 - c e D 3 2 - n a J 3 2 - b e F 3 2 - r a M 3 2 - r p A 3 2 - y a M 3 2 - n u J 3 2 - l u J 3 2 - g u A 3 2 - p e S 3 2 - t c O 3 2 - v o N 3 2 - c e D 4 2 - n a J 4 2 - b e F 4 2 - r a M 4 2 - r p A 4 2 - y a M 4 2 - n u J 4 2 - l u J 4 2 - g u A Incidents Patient Contacts Patient Transports 2 P1 Compliance by District FY24 Q3 Priority 1 Compliance by District FY24 Q3 73.00% 71.76% 71.58% 70.76% 69.27% 72.26% 67.91% 65.52% 82.45% 55.34% 1 2 3 4 5 6 7 8 9 10 % Goal Met 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% 3 P1 Response Interval by District FY24 Q3 Priority 1 Response Interval by District FY24 Q3 12.55 12.33 12.55 12.50 12.28 12.57 12.73 13.27 11.95 11.05 8.14% 6.66% 9.09% 7.93% 7.09% 7.48% 6.75% 6.38% 7.61% 6.31% 1 2 3 4 …
Public Safety Commission Running agenda item list and tentative schedule October 7, 2024 1. APD Quarterly 2. Discussion and overview of the Police Review Commission and APOA update with the Office of Police Oversight 3. Wildfire Readiness Update 4. Downtown Commission - status, discussion and potential vote on appointment 5. Working group updates November 4, 2024 December 2, 2024 1. AFD Quarterly - 20 minutes 2. Death Notification process with Victims Services 3. 4. Working group updates Item 2 - Office of Violence Prevention? EMS Quarterly 1. 2. Overview of officer wellness initiatives with Victim Services 3. 4. Working group updates Item 2 Standing and Rotating Items • • Wildfire Readiness Update (every 6 months) - April 2024, October 2024, April 2025 CSCRM Working Group Update (quarterly til final recs issued) - July, October, January, April Public Safety Wellness Center Working Group (until rec) Training Academy Working Group Downtown commission update • • • Requested items not yet scheduled or in need of second ◦ ◦ ◦ ◦ Firefighter cancer prevention, PFOS and risks - Bernhardt 911 Call Center - High Call Volume review - Ramirez APD use of facial recognition and ALPR update - Ramirez Impact of medical records hack at local hospitals and resiliency efforts in wake - Ruttan, Ramirez CapMetro update on public safety department rollout - Ramirez Review and analysis of small vehicle use by public safety departments - Smith, Ramirez Further discussion of Open Data Portal Harvest Trauma Recovery Center - Berhnardt, Nguyen Render Aid Protocols - @Ramirez ◦ ◦ ◦ ◦ ◦ 9/6/24
PUBLIC SAFETY COMMISSION RECOMMENDATION 20240909-005 September 9, 2024 Workers Compensation Program for Public Safety Sworn Staff WHEREAS, the Austin Public Safety Commission is tasked with providing Date: Subject: Motioned by: Commissioner Nguyễn Seconded by: Vice Chair Ruttan Recommendation: The Public Safety Commission recommends recommendations to the Austin City Council; Emergency Medical Services Association and the Austin Police Association provided presentations, witnesses, and materials on the current challenges with the City of Austin Workers Compensation program;1 shortages at a premium labor cost to the City of Austin; enabling employees to return to work; WHEREAS, all three public safety departments are facing significant staffing challenges; WHEREAS, prompt resolution of claims and obtaining medical treatment is key to WHEREAS, representatives from The Austin Firefighters Association, The Austin WHEREAS, all three public safety departments use overtime to mitigate staffing WHEREAS, of the 1260 current AFD sworn hires 63 are on limited/no duty status due to a workers comp injury representing 5%; WHEREAS, of the 572 current ATCEMS sworn hires 9 are on limited/no duty status due to a workers comp injury representing 1.6%; WHEREAS, of the 1470 current APD sworn hires 37 are on limited/no duty status due to a workers comp injury representing 2.5%; 1 Austin Public Safety Commission Regular Meeting, August 5, 2024, Item 4 https://austintx.new.swagit.com/videos/311493 WHEREAS, delayed recovery creates a reduced capacity in delivering emergency services to the community. WHEREAS, 13.2% of AFD claims, 17.5% of ATCEMS, and 16% of APD workers compensation claims are denied;2 WHEREAS, the City of Austin is self-insured and ultimately responsible for all decisions on workers’ compensation claims;3 WHEREAS, if workers compensation claims are denied the appeals process is lengthy during which the employee’s medical needs remain unaddressed and the city’s short-staffing due to injury is unresolved; WHEREAS, delayed recovery creates a reduced capacity in delivering emergency services to the community. WHEREAS, if a workers compensation claim is ultimately denied, the only recourse is coverage of medical claims through the City of Austin’s employee health insurance plan which the City of Austin is also responsible and self-insured; WHEREAS, a slow and perceived hostile workers compensation program is detrimental to employee morale, retention, and well being; WHEREAS, former sworn public safety personnel are bound by same worker’s compensation program and entitled to continued coverage for injuries sustained on the job; WHEREAS, the contract with Sedgwick, the Third Party Administrator of the workers compensation program, is set to …
Public Safety Commission Meeting Minutes Monday, September 9, 2024 PUBLIC SAFETY COMMISSION REGULAR CALLED MEETING MINUTES Monday, September 9, 2024 The Public Safety Commission convened in a regular called meeting on Monday, September 9, 2024, at City Hall Building, Boards and Commissions Room, 301 W 2nd Street in Austin, Texas. Chair Ramírez called the Public Safety Commission Meeting to order at 4:01 p.m. Commissioners in Attendance: Nelly Paulina Ramírez, Chair Timothy Ruttan, Vice Chair Rebecca Bernhardt Paul Hermesmeyer David Holmes Pierre Nguyễn Commissioners in Attendance Remotely: Kristy Orr Michael Sierra-Arévalo Yasmine Smith PUBLIC COMMUNICATION: GENERAL Carlos León Patrick Jones APPROVAL OF MINUTES DISCUSSION ITEMS 1. Approve the minutes of the Public Safety Commission regular meeting on August 5, 2024. The minutes from the meeting on 08/05/2024, were approved on Commissioner Bernhardt’s motion, Commissioner Nguyễn’s second on an 8-0 vote. Commissioner Sierra-Arévalo was off the dais. Commissioner Reyes was absent. 2. Public Safety Quarterly Report, Austin/Travis County Emergency Medical Services. 1 Public Safety Commission Meeting Minutes Monday, September 9, 2024 The presentation was made by Wesley Hopkins, Chief of Staff, Austin/Travis County Emergency Medical Services. 4. Update on Text to 911 by Chief Jeff Greenwalt, Austin Police Department. Update was given by Lee Rogers, Assistant Chief, Austin Police Department. 3. Update from Public Safety Commissioners on the Austin Police Department Police Chief interview panel. Update was given by Commissioner Sierra-Arévalo. DISCUSSION AND ACTION ITEMS 5. Approve a Recommendation to Council for Workers’ Compensation for Public Safety sworn staff to adopt a policy to remove barriers and reduce impact on staffing. The motion to approve a Recommendation to Council for Workers’ Compensation for Public Safety Sworn Staff to adopt a policy to remove barriers and reduce impact on staffing was made by Commissioner Nguyễn, seconded by Vice Chair Ruttan. The following amendment was motioned by Commissioner Smith, seconded by Commissioner Hermesmeyer. The amendment was to add to the third bullet point and insert “and awareness of process” after “workers compensation claims.” The amendment was approved on an 8-0 vote. Commissioner Sierra-Arévalo abstained. Commissioner Reyes was absent. The following amendment was motioned by Chair Ramírez, seconded by Commissioner Bernhardt. The amendment was to add the clause “WHEREAS, former sworn public safety personnel are bound by same worker’s compensation program and entitled to continued coverage for injuries sustained on the job;” before the last WHEREAS clause and to insert “current and former” to the …
