Recommendation 20250908-006 - Review of Office of Police Oversight’s Compliance with APOA and Resolution 99 — original pdf

Recommendation

PUBLIC SAFETY COMMISSION Recommendation 20250908-006: Date: September 8, 2025 Subject: Review of Office of Police Oversight’s Compliance with APOA and Resolution 99 Motioned by: Commissioner Bernhardt Seconded by: Commissioner Carroll WHEREAS, The Austin Public Safety Commission serves as an advisory body to the city council on all budgetary and policy matters concerning public safety; and WHEREAS, the citizens of Austin voted for the Austin Police Oversight Act in May of 2023; and WHEREAS, The City Council directed the City Manager to revise all internal policies with respect to the Office of Police Oversight (OPO) in order to comply with the amended City Code Chapter 2-15 1 and Ordinance No. 20230223-061 via Resolution 99 in September 2023;2 and WHEREAS, § 2-15-3(B)(8) of the Office of Police Oversight Ordinance states the office shall “at least once per year, provide both written and oral reports at an open session of the City Council regarding the results of office activities”;3 and 1 https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT2AD_CH2- 15POOV&showChanges=true 2 https://services.austintexas.gov/edims/document.cfm?id=417032 3 https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT2AD_CH2- 15POOV&showChanges=true WHEREAS, as of September 8, 2025 the Office of Police Oversight has only “presented the report to Mayor and Council via memo” with no oral report scheduled regarding the office’s activities; 4 and WHEREAS, progress and implementation of the Austin Police Oversight Act and Resolution 99 is inextricably linked to the the Public Safety Commission’s mission; and WHEREAS, the Office of Police Oversight has refused to present and answer questions on the record at a Public Safety Commission meeting and/or provide updates on its compliance moving forward; and WHEREAS, § 2-15-3(B)(12) of the Office of Police Oversight Ordinance states the office shall “act as a central depository for documentation relevant to the mission of the office and make such information available to the public, including but not limited to: complaint outcomes; officer discipline; force incidents; and lawsuits against the City that allege officer misconduct, including the filings and the final settlement amount of any such suits;”; 5 and WHEREAS, complaints posted to date to the Office of Police Oversight website are not searchable by keyword, complaint date, or complaint number; and WHEREAS Resolution 99 requires posting of Anonymized demographic information about the complainant, including, but not limited to race, ethnicity, age, gender identity, if provided, and Sector complaint originated; to its website concerning all complaints; 6 and WHEREAS, sector and demographic data are not yet posted and no actionable plan has been put forth by the Office of Police Oversight for mitigating the deficiency;7 and WHEREAS, the 2023 Annual Report indicates an approximate 30% decrease in submitted complaints since 2021.8 WHEREAS, the Office of Police Oversight received 53 anonymous complaints in 2023 representing a 49% decrease since 2021.9 4 https://services.austintexas.gov/edims/document.cfm?id=454106 5 https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT2AD_CH2- 15POOV&showChanges=true 6 https://services.austintexas.gov/edims/document.cfm?id=417032 7 https://austintx.new.swagit.com/videos/348975 8 https://www.austintexas.gov/document/2023-annual-report 9 https://www.austintexas.gov/document/2023-annual-report WHEREAS, the most common classification issued for an initiated complaints in 2023 was a Supervisory Referral, a classification that has no investigation requirements; 10 11 and WHEREAS, in 2023, of the 103 individual APD officers receiving discipline only 14 were the subject of external complaints from Office of Police Oversight, raising questions about the effectiveness of the OPO’s current complaints process and referrals; 12 and WHEREAS, the standing up of the Community Police Review Commission, has been met with delays and has yet to review a case. 10 https://www.austintexas.gov/document/2023-annual-report 11 https://austintx.new.swagit.com/videos/348975 12 https://services.austintexas.gov/edims/document.cfm?id=454106 NOW, THEREFORE, BE IT RESOLVED that the Public Safety Commission recommends: • An immediate presentation of the last completed Annual Report to a publicly posted Austin City Council meeting as mandated by the ordinance; and • A documented and published plan for compliance with the Austin Police Oversight Act; and • A searchable database of complaints documentation in an accessible format that can be used in translation and accessibility software by the general public; and • Assignment of a staff liaison from the City Clerk’s office to the Community Police Review Commission to help alleviate strain on Office of Police Oversight staff resources while providing a level of consistency and expertise for open meetings that is consistent with city standards. • Responses to questions read on the record at the September 8, 2025 Regular Called Meeting of the Public Safety Commission be made publicly available. (See attached) BE IT FURTHER RESOLVED that the Public Safety Commission recommends a full review and audit of the Office of Police Oversight’s compliance with the Austin Police Oversight Act and Resolution 99 and an audit of internal processes including but not limited to the complaint intake process, complaint review process, complaint referral process and documentation requirements/standards, training and qualifications required for complaints officers to ensure impartiality to complainants, follow up procedures for recommendations and referrals to track effectiveness and resolution for complainants, and supervisory referrals. Vote: 8-0 For: Chair Ramírez, Vice Chair Ruttan, Commissioners Bernhardt, Carroll, Duran, Holmes, Orr, and Sierra-Arévalo Against: None Absent: Commissioners Hidrogo, Nguyễn, and Smith Attest: Christi Vitela (Staff liaison) Questions for the Office of Police Oversight Regular Called Meeting of the Public Safety Commission, September 8, 2025 ANNUAL REPORT 1. When will the OPO be presenting at a publicly held City Council meeting as directed in the city ordinance? 2. When will the 2024 Annual Report be published? 3. What is the schedule for annual reports going forward for 2025 and onwards, and what will be the accountability mechanism to ensure these are done in a timely manner? 4. What departments are given edit and approval access to the OPO’s annual report? COMPLIANCE 5. Have all anonymous complaints to date been published to the OPO website? 6. Are complaints that have received oral or written reprimands been posted to OPO website? 7. Complaints posted to the OPO website are not searchable. What can be done to improve searchability? 8. Are there technical and/or infrastructure improvements needed for the database to more adequately meet the reporting requirements of the ordinance and Resolution 99 and be easily accessible and searchable for the general public? 9. What solutions have been discussed to bridge the gap between data collected during complaints process and reporting requirements? 10. Have all compliments been published to the OPO website? COMPLAINTS PROCESS & OUTCOMES 11. What training are complaints officers being provided with to ensure impartiality in the complaints process? 12. How are complainants being informed of their options? 13. How sustainable are “Supervisory Referral” dispositions given APD’s return to patrol initiative and the changes being made to the Force Review Unit? 14. What follow up does the Office of Police Oversight do for Supervisory Referrals? 15. What documentation and/or reporting does OPO track on Supervisory Referrals to assess effectiveness of that classification? 16. What automatic triggers are in place to flag full investigations when the Supervisory Referral option is preferred by the complainant? 17. Does the OPO track repeat complaints and outcomes such as repeated Supervisory Referrals for individual officers or certain areas that are outside of the average for APD as a whole? COMMUNITY POLICE REVIEW COMMISSION 18. What outstanding items/obstacles are currently delaying the CPRC’s ability to review cases? 19. How will vacant seats on the CPRC be filled and what is the timeline for filling current vacant seats? 20. Will the CPRC case review work similar to the Civil Service Commission where they have closed door sessions or will the process be different? 21. Is the CPRC being given the ability to review cases that OPO or APD IA have already chosen to not refer for discipline? 22. What happens with recommendations made by CPRC? Who are they forwarded to and where will that case documentation live? MISCELLANEOUS 23. Please explain OPO's participation in OIS press conferences and reasoning. 24. Did the Office of Police Oversight receive any additional funding in the latest budget adoption? 25. What does OPO think is needed – if anything – to be able to fully implement all its goals in a timely fashion and to continue to do so on a regular basis that it does not currently have? 26. What qualifications are prioritized for hiring of complaints supervisors/leadership?