Public Safety CommissionOct. 7, 2024

Item #6 Community Police Review Commission & Austin Police Oversight Act Implementation — original pdf

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PUBLIC SAFETY COMMISSION Community Police Review Commission & Austin Police Oversight Act Implementation Gail McCant, Director Mia Demers, Public Safety Compliance Program Manager Sara Peralta, Public Information and Marketing Program Manager October 7, 2024 Community Police Review Commission (CPRC) Community Police Review Commission (CPRC) Consists of eleven community volunteers selected by the City Manager. Separate and independent from the Austin Police Department. OPO working to re-establish CPRC in alignment with Municipal Code 2-15-4, Austin Police Oversight Act. CPRC: Eligibility & Selection • Applicants cannot have any personal or professional connections to any police department or police association. (§2-15-4) • Other eligibility requirements can only be instituted by amending the ordinance. (§2-15-4) Eligibility Selection • Commission will have eleven members. (§2-15-4) • Process must be open, the City Auditor will review applicant eligibility, the City Manager will make the final selection. (§2- 15-4) CPRC: Training Requirements Attend 20 hours of training created by the Office of Police Oversight within 90 days of their appointment, which shall be focused on the laws, rules and policies governing the conduct of police officers in Austin in accordance with recommendations of the National Association for Civilian Oversight of Law Enforcement, and members may begin to serve before completion of training. Training Plan 9 hours projected at 8 hours • Training conducted by OPO, City Legal, and City Clerk: Currently projected at • Training conducted by the Austin Police Department (APD): Currently • Training conducted by NACOLE: Currently projected at 8 hours Austin Police Oversight Act (APOA) Implementation APOA Implementation Summary City Code § 2-15-3 Provisions in Compliance ✓ The Office of Police Oversight should provide recommendations to the City about how investigations involving officers are carried out and what the ✓ Provide recommendations to the City on how effective APD rules and procedures are for handling complaints about police officer misconduct, police officer training, when and how police officers use force, how the police interact with the community, and anything else the department does, are effective and outcomes are. § 2-15-3(B) suitable. § 2-15-3(B) ✓ Receive complaints and compliments from the community, including anonymous complaints and compliments. § 2-15-3(B) ✓ Act as a liaison between the community and APD during the complaint process. § 2-15-3(B) ✓ OPO can participate in investigations of complaints, may interview complainants to obtain more information. § 2-15-3(B) ✓ Provide the Chief of Police with recommendations based on complaint investigations and policy violations. § 2-15-3(B) ✓ Address other department activities of public concern as directed by the City. § 2-15-3(B) ✓ Provide status updates to City Council at least once a year. § 2-15-3(B) ✓ Work with the City and APD to release critical incident briefings. § 2-15-3(B) ✓ Conduct preliminary reviews of complaints and make recommendations to the CM and Police Chief regarding potential policy violations . § 2-15-3(B) ✓ Conduct random assessments of department use of force, reviews, analyze all force incident data, and conduct random audits of body camera video and ✓ Make all complaint information, complaint outcomes, and lawsuits available to the public via online central repository. § 2-15-3(B) body camera usage. § 2-15-3(B) ✓ Conduct community engagement activities. § 2-15-3(B) ✓ The OPO Director and complaint team should have direct access to APD files related to personnel records, use of force incidents, information on investigations, and body worn camera and dashboard camera footage. § 2-15-3(D) In Compliance The Office of Police Oversight fully or partially implements this task. APOA Implementation Summary City Code § 2-15-3 & 4 Provisions in Compliance • Work with the CPRC on training requirements. F. (3) attend 20 hours of training created by the Office of Police Oversight within 90 days of their appointment, which shall be focused on the laws, rules and policies governing the conduct of police officers in Austin in accordance with recommendations of the National Association for Civilian Oversight of Law Enforcement, and members may begin to serve before completion of training." • Provide briefings to the CPRC • B. (14) receive briefings related to investigations as requested by the Commissioners, at which the Director or their designee shall include information obtained from the investigation and exercise discretion to omit information of a highly personal nature that would constitute an unwarranted invasion of an individual's personal privacy interests; In Progress The Office of Police Oversight (OPO) is actively taking steps to implement this task. City Code 2-15-4 (B) Determine training requirements for members of the Commission, in consultation with existing members of the Commission. In Progress •OPO is coordinating with the City Manager’s Office to re-establish the CPRC. City Code 2-15-3 (B) Receive briefings related to investigations as requested by the Commissioners, at which the Director or their designee shall include information obtained from the investigation and exercise discretion to omit information of a highly personal nature that would constitute an unwarranted invasion of an individual's personal privacy interest. In Progress •OPO is coordinating with the City Manager’s Office to re-establish the CPRC. City Code 2-15-3 (B) Conduct, at minimum, a preliminary investigation of every complaint, determine whether a full investigation is warranted, and make recommendations to the City Manager and the Police Chief regarding potential department policy violations prior to the Chief’s decision on discipline. In Compliance •OPO fully implements this task. G-File Update G-File Update • The City is no longer maintaining confidential police officer personnel files • No longer raising “g-file confidentiality” in response to subpoena or public information requests Quarterly Police Oversight Implementation Working Group • Resolution 20230921-099, “meetings shall include Q&A questions in regard to the complaint process.” • Agenda also includes OPO quarterly data report-out, updates on OPO’s latest work. • Next meeting will be in-person at the Cepeda Branch Library on November 14, 2024, at 6PM. • c Join us at the next Police Oversight Implementation Meeting Next meeting: November 14, 2024, 6-7:30 p.m. Location: Cepeda Branch Library Follow us on Twitter or Facebook to stay informed! opo.outreach@austintexas.gov atxpoliceoversight.org