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[00:00:03]

GOOD AFTERNOON.

MY NAME IS

[CALL TO ORDER]

REBECCA GONZALEZ.

THANK YOU FOR JOINING US FOR THE SPECIALLY CALLED MEETING OF THE PUBLIC SAFETY COMMISSION HERE ON JANUARY 24TH.

UM, BECAUSE WE ARE BACK TO OUR HYBRID MEETING SITUATION.

I HAVE TO DO A ROLL CALL TO BEGIN US OFF.

SO I WILL START AT THE TOP VICE CHAIR, RAMIREZ, AND YOU WILL HAVE TO VERBALLY ANSWER PLEASE HERE.

COMMISSIONER WEBBER, COMMISSIONER HODSON FLECK HERE.

COMMISSIONER AUSTIN COMMISSIONER.

COMMISSIONER LEWIS HERE, COMMISSIONER LANE.

COMMISSIONER LANE.

I SEE YOU'RE ON, BUT CAN YOU MAYBE UNMUTE YOURSELF? OKAY.

WE CAN COME BACK TO COMMISSIONER LANE, UH, COMMISSIONER SIERRA HERE, COMMISSIONER LANE.

I WILL NEED A VERBAL RESPONSE FROM YOU IF YOU CAN.

THANK YOU.

CAN YOU HEAR ME? YES, WE GOT YOU.

THANK YOU VERY MUCH.

COMMISSIONER BERNHARD AND COMMISSIONER HALL, MARTIN.

YEAH.

THANK YOU ALL.

SORRY FOR THAT EXTRA STEP, BUT THIS IS OUR NEW OPERATING ORDER, SO THANK YOU VERY MUCH FOR PARTICIPATING AND WE DO HAVE QUORUM.

ALL RIGHT.

UH, WE WILL START WITH CITIZENS COMMUNICATION JUST REAL QUICKLY.

I SEE THAT COMMISSIONER IN A COFFIN COMMISSIONER WEBBER IN THE ATTENDEE LIST AND COMMISSIONER BERNHARDT IS ALSO TRYING TO GET IN, BUT HAVING SOME TROUBLE.

OH, GREAT.

SO WE DO HAVE PERMISSION A WEBER.

YES.

AND WE DO HAVE COMMISSIONER CURE COUGH, NOT ON VIDEO YET, BUT YOU ARE THERE.

I SEE YOU.

WONDERFUL.

OKAY.

WELL, WE WILL CONSIDER EVERYONE PRESENT WHEN WE CAN SEE THEM ALL, BUT WE WILL.

UM, WE HAVE NO CITIZENS COMMUNICATION RIGHT NOW, SO WE WILL MOVE ON TO APPROVAL

[1. APPROVAL OF MINUTES]

OF THE MINUTES.

SO THESE ARE THE MINUTES FROM DECEMBER SIX OF LAST YEAR.

I WILL GIVE YOU A MOMENT TO PULL THOSE UP.

ANY QUESTIONS OR COMMENTS CORRECTIONS TO THE MINUTES FROM DECEMBER.

OKAY.

IF THERE ARE NO QUESTIONS, COMMENTS, OR CORRECTIONS, WE WILL CONSIDER THE MINUTES PASSED AND APPROVED.

GREAT.

ALL RIGHT.

WE'RE MOVING ON TO OUR OLD BUSINESS.

OH.

BUSINESS TO A, WHICH IS LEGISLATIVE UPDATE ON SB 69.

AND WE'RE LOOKING FOR ANY MICHELLE EVANS FROM THE OFFICE OF POLICE OVERSIGHT.

ANNIE, ARE YOU ONLINE? I DO NOT SEE THAT PERSON ONLINE AT ALL.

OKAY.

MS. JACKSON, DID WE HAVE CONFIRMATION THAT SHE WAS GOING TO ATTEND? OKAY.

WE ARE A FEW MINUTES AHEAD OF SCHEDULE.

OKAY, PERFECT.

AND I SEE COMMISSIONER AUSTIN.

YOU ARE WITH US.

THANK YOU FOR JOINING AND STILL KNOW COMMISSIONER BERNHARDT.

CORRECT.

AND DO NOT SEE THEM.

SURE.

THANK YOU.

SHE WAS TRYING, SHE SAID WEBEX WAS GIVING HER A BIT OF A HARD TIME.

OKAY.

WE'RE GOOD.

WE'RE GOOD.

WE'LL CONTINUE TO MOVE FORWARD.

OKAY.

UM, ALL RIGHT.

SO CONSIDERING THE OFFICE OF THE OPO IS NOT ONLINE.

WE WILL MOVE TO OUR NEXT

[2.b. Recommendation for Council Action regarding The Marshal Report – 4:35-4:40pm Sponsored by Commissioner Bernhardt and Webber]

ITEM OF BUSINESS.

THIS IS A RECOMMENDATION FOR COUNCIL ACTION.

PUT FORWARD BY COMMISSIONER BERNHARDT AND COMMISSIONER WEBBER.

YOU HAVE THAT RECOMMENDATION THAT'S AROUND THE MARSHALL'S OFFICE.

[00:05:01]

YOU HAVE THAT RECOMMENDATION IN YOUR INBOXES, UH, COMMISSIONER WEBER SINCE COMMISSIONER BERNHARDT.

ISN'T ON.

WOULD YOU LIKE TO TAKE US THROUGH THIS? YES.

UM, SO NOT MUCH HAS CHANGED AS FAR AS I KNOW FROM THE LAST TIME THAT WE TALKED ABOUT THIS AND Y'ALL WILL REMEMBER THAT'S WHEN, UM, WE ACTUALLY HAD PEOPLE FROM THE COURT COME AND TRY AND EXPLAIN TO US HOW THEY GOT INTO THIS POSITION, WHERE THEY WERE BEING ASKED TO, UH, PUT TOGETHER SOMETHING THAT IT DIDN'T SOUND LIKE THEY REALLY WANTED.

I THINK WHAT'S HAPPENED SINCE THEN, IS THAT COUNCIL, THEY PUNTED IT.

THEN I THINK IT ENDED UP BACK ON COUNCIL'S AGENDA, BUT SOMEONE HAS POSTPONED IT.

AND SO RIGHT NOW, I THINK WE HAVE ABOUT TWO WEEKS BEFORE COUNCIL CONSIDERS THIS AGAIN.

AND SO WHAT, UH, REBECCA BERNHARDT AND THOUGHT WOULD MAKE SENSE IS TO LET CITY COUNCIL KNOW THAT WE GOT THE PRESENTATION LAST FULL, AND IT DID NOT BLOW OUR HAIR BACK.

AND THAT WE DO NOT THINK THE CITY SHOULD BE SPENDING MONEY ON THIS, GIVEN THE CIRCUMSTANCES AND, UM, NELLIE, I THINK YOU HAD SOME AMENDMENTS POSSIBLY, SO THAT I DON'T KNOW WHETHER, UM, I HAD A COUPLE OF ADDITIONS TO HOPEFULLY MAKE TO THE RECOMMENDATION.

THE FIRST WAS TO MAKE SURE THAT WE'RE ALSO MENTIONING THE DOWNTOWN AUSTIN COMMUNITY COURT, BECAUSE THE MARSHALL PROGRAM THAT THEY WANTED TO PUT IN PLACE WOULD AFFECT BOTH THE AUSTIN MUNICIPAL COURT AND THE DOWNTOWN AUSTIN COMMUNITY COURT.

SO MAKING SURE THAT WE ADD THAT AND THEN LET ME LOOK AT MY NOTES REAL QUICK.

UM, AND THEN ALSO JUST SOME LANGUAGE WHERE ONE OF THE REASONS WHY I THINK I HAD A HARD TIME WITH THE MARSHALL PROGRAM WAS THAT BECAUSE OF THE WAY THE PROCESS WOULD MOVE FORWARD, THERE WOULD BE NO CREATION OF ACCOUNTABILITY OR OVERSIGHT STANDARDS OR TRAINING STANDARDS UNTIL AFTER IT'S APPROVED.

AND AFTER IT IS THE FIRST HIRE, THE NEW CHIEF IS MADE, WHICH JUST FEELS LIKE WE HAVE THIS ENTIRE PROCESS IN PLACE OF RE-IMAGINING PUBLIC SAFETY WITH OUR OWN POLICE DEPARTMENT THAT ALREADY IS BUILDING IN, YOU KNOW, MORE OVERSIGHT AND LIKE MORE TRAINING.

WE'RE WATCHING THAT WHERE WE'RE, WE'RE WORKING IN COOPERATION WITH THE POLICE DEPARTMENT TO RE-IMAGINE ALL OF THAT.

AND SO IT SEEMS COUNTERINTUITIVE TO SET UP A WHOLLY SEPARATE LAW ENFORCEMENT DIVISION OUTSIDE OF THAT PROCESS THAT IS CLOSELY BEING, YOU KNOW, ENGAGED IN WITH THE COMMUNITY AND WITH COOPERATION WITH THE POLICE DEPARTMENT.

SO I WANTED TO ADD SOME LANGUAGE THAT SAID THAT BECAUSE ALL OF THAT WOULD HAPPEN AFTER.

AND BECAUSE WE HAVE A POLICE DEPARTMENT THAT IS WORKING ON RE-IMAGINING THE TRAINING ACADEMY, UM, THAT JUST ADDING IN SOME OF THAT LANGUAGE AND I CAN SEND OVER LANGUAGE TO THAT EFFECT.

UM, AND SO CHEER, I DON'T KNOW WHERE WE ARE LIKE PARLIAMENTARY REALLY.

SO YEAH, WE WOULD NEED A, UM, EMOTION AND THEN WE WOULD HAVE DISCUSSION AND THEN WE WOULD TAKE A VOTE ON WHETHER WE SUPPORT THE RECOMMENDATION.

THE MOTION IS THE MOTION TO BRING THE RECOMMENDATION ALREADY ON THE TABLE WITH REBECCA MOTIONING AND ME SECONDING.

YES.

OKAY.

SO WE'RE IN THE DISCUSSION PART OF THAT PROCEDURE.

UM, SO AM I ABLE TO, UM, EXCEPT THE AMENDMENT, EVEN THOUGH I'M NOT THE MOVEMENT, I BELIEVE SINCE YOU ARE SECOND AND YOU ARE NAMED ON THE RECOMMENDATION, I THINK YOU CAN, AND I'M GETTING MESSAGES FROM COMMISSIONER BERNHARDT RIGHT NOW.

SO IT SEEMS LIKE SHE'S, SHE WANTS HELP FROM TECH SUPPORT, PLEASE.

SOMEONE TO PLEASE CALL HER.

BUT YES, I DON'T KNOW IF THEY DO THAT.

YEAH.

I DON'T, I DON'T KNOW THAT THAT'S GOING TO HAPPEN.

SO, UM, YEAH, SINCE YOU ARE SECOND ON THE MOTION, I HAVE NO PROBLEM WITH YOU TAKING THE AMENDMENT.

UH, IF NOT, THAT WOULD PRETTY MUCH, IF YOU CAN'T TAKE THE AMENDMENT AND WE CAN'T DISCUSS, THEN THAT WOULD PRETTY MUCH RENDER IT A MUTE POINT.

OKAY.

WELL, I LOVE THE AMENDMENTS AND I WOULD, UH, AND I PRESENT TO THE COMMISSION, THE VERSION THAT WAS SENT ON THURSDAY, W UH, BY MS. JACKSON WITH NELLIE'S AMENDMENTS, IT DOESN'T CHANGE.

UH, NELLY'S AMENDMENTS DON'T CHANGE THE RECOMMENDATION, UM, EXCEPT TO ADD THE DOWNTOWN COMMUNITY COURT TO THE RECOMMENDATION LANGUAGE ITSELF.

NELLY'S LANGUAGE IS MOSTLY ADDING TO THE WAREHOUSES.

IS THAT CORRECT? SO THE RECOMMENDATION AT THIS POINT WOULD SAY REJECT THE PROPOSAL THAT THE CITY CREATE A MARSHAL OFFICE WITHIN THE AUSTIN MUNICIPAL COURT AND DOWNTOWN COMMUNITY COURT.

AND WE RECOMMEND

[00:10:01]

THAT CITY COUNCIL CONTINUE TO PROVIDE FOR THE SECURITY OF THE AUSTIN MUNICIPAL COURT AND THE DOWNTOWN COMMUNITY COURT WITH AUSTIN POLICE OFFICERS.

OKAY.

ANY FURTHER DISCUSSION QUESTIONS DEBATE ON THIS RECOMMENDATION? YEAH, I JUST, I MEAN, I THINK, UM, THERE WAS SOME FOLKS THAT WANTED TO SPEAK ON THE, THIS ITEM THAT I I'M GUESSING HAVEN'T ARRIVED IN PERSON AS OF YET.

UM, AND I WAS WONDERING IF WE CAN JUST HOLD TIGHT A LITTLE BIT SO WE CAN HEAR A LITTLE BIT FROM THE COMMUNITY IF THAT'S EVEN POSSIBLE, THEY MIGHT NOT BE COMING, BUT I WANTED TO JUST FLAG THAT.

I THINK THERE HAVE BEEN, YOU KNOW, PEOPLE SPLIT, PARTICULARLY FOLKS REALLY INVOLVED, AND THEY WERE IMAGINING PUBLIC SAFETY, UH, TASK FORCE THAT HAVE, UM, BEEN WORKING ON THIS AND CREATING LANGUAGE AND, UM, WRITING TO COUNSEL ON IT.

AND I WANTED TO MAKE SURE WE HAVE AN OPPORTUNITY TO HEAR FROM THEM.

SO I DON'T KNOW, UM, IF WE CAN DO THAT BEFORE WE, UM, MOVE FORWARD WITH OUR RECOMMENDATION OR IF THAT'S SOMETHING OUTSIDE OF THEIR RECOMMENDATION, BUT WAS HOPING WE CAN, UM, WE CAN PAUSE AND MAYBE COME BACK TO THAT ITEM, OR I DON'T EVEN KNOW IF THAT'S POSSIBLE.

MR. LEWIS, I'M SORRY.

LET ME, I HATE TO CUT YOU OFF, BUT IF WE DON'T KNOW THEY'RE GOING TO BE HERE, I REALLY DON'T FEEL COMFORTABLE PUTTING THIS ON HOLD IN FOR SOME INDEFINITE AMOUNT OF TIME.

UM, BECAUSE WE HAVE A LOT OF THINGS TO GET THROUGH AND I'M WORRIED WE'RE NOT ALREADY GOING TO GET THROUGH OUR SIGNIFICANT, UH, ITEMS THAT ARE ON SCHEDULE.

SO IF YOU, IF YOU CAN'T TELL ME THEY'RE NOT ALREADY ON THEIR WAY, AND I THINK THEY ARE, UM, MS. JACKSON, WE DO HAVE A PUBLIC EYE GABBY.

ALRIGHTY.

IT'S LIKE YOU SPOKE IT INTO EXISTENCE, COMMISSIONER LEWIS.

SHE WALKED RIGHT IN THE DOOR.

WE'RE GIVING HER A CHANCE TO SET UP AND WE WILL HAVE HER, UH, COMMENT ON ITEM.

MAKE SURE I HAVE THE ITEM, CORRECT.

TWO B TO B.

ALL RIGHT.

WELL, JUST THAT WHILE WE'RE WAITING, YOU SAID COMMUNITY INPUT IS, IS GREAT.

AND I'M SO GLAD CLAD KATHY COULD JOIN US.

THANK YOU, MS. MITCHELL, AND JUST LIKE ANY OTHER PUBLIC COMMENT, YOU HAVE THREE MINUTES.

HI, THANK YOU.

UM, I AM HERE TODAY ON BEHALF OF A NUMBER OF GROUPS, BUT I WILL JUST SPEAK FOR MY OWN.

UM, I AM KATHY MITCHELL WITH JUST LIBERTY, UM, AND I WORK A LOT ON PUBLIC SAFETY RELATED STUFF IN AUSTIN ON BEHALF OF MY ORGANIZATION AND HISTORICALLY FOR A LONG TIME.

UM, I'M HERE TODAY BECAUSE, UH, CAN I, CAN I TAKE OFF THIS FOR A MINUTE? CAN I TAKE THIS OFF TO SPEAKER? OKAY.

UM, THANK YOU.

UM, MANY ORGANIZATIONS, COMMUNITY GROUPS I PARTICIPATED IN THE TASK FORCE.

SO MANY OF US HAVE BEEN TALKING KIND OF AS FORMER MEMBERS OF THE RE-IMAGINED PUBLIC SAFETY TASK FORCE.

UH, WE OPPOSE THE CREATION OF A MARSHAL OFFICE.

UH, I CALL IT THE NEW POLICE DEPARTMENT FOR THE MUNICIPAL COURT.

WHY WOULD WE WOULD GO TO THE ENORMOUS COMPLEXITY OF CREATING A NEW POLICE DEPARTMENT IS, UM, BEYOND ME.

UM, WE HAVE CONCERNS ABOUT EVERYTHING FROM HOW, UH, ISSUES OF DISCIPLINE WOULD BE ADDRESSED.

IF AN OFFICER DOES SOMETHING THAT THEY SHOULDN'T, UH, HOW THE RULES WILL BE CREATED TO SET THE STANDARD FOR OFFICER CONDUCT, UH, HOW THE OFFICERS WILL BE TRAINED.

UM, THIS IS AN ENORMOUS ISSUE.

UH, I WILL SAY THAT YOU'VE SEEN OUR COMMENTS, I THINK, UH, ON THIS.

AND I DO HAVE SOMETHING A LITTLE BIT NEW TODAY TO ADD.

SO I'LL GO DIRECTLY TO THAT.

UM, BACK IN 2008, THE CITY HIRED A CONSULTANT TO LOOK AT ALL OF OUR PUBLIC SAFETY

[00:15:02]

STUFF.

AND AT THAT TIME THERE WERE TWO PUBLIC SAFETY DEPARTMENTS.

THERE WAS APD, AND THERE WAS A PUBLIC SAFETY DEPARTMENT THAT INCLUDED THE PARK POLICE, THE AIRPORT POLICE, AND THE MARSHALS FOR THE MUNICIPAL COURT.

AND FROM THAT REPORT, UH, WHAT WE LEARN IS THAT THE CITY MARSHALL PROGRAM ORIGINALLY, AND THERE'S BEEN SOME REFERENCES TO, WE USED TO DO THIS.

THE CITY MARSHALL PROGRAM WAS CREATED IN ORDER TO GENERATE REVENUE FROM ARRESTS FOR WARRANTS, FOR TRAFFIC TICKETS.

THAT'S IT, THAT'S WHAT IT WAS FOR.

I CAN READ THAT TO YOU FROM HERE ORIGINALLY ESTABLISHED TO SERVE CLASS C MISDEMEANOR WARRANTS FOR THE AUSTIN MUNICIPAL COURT.

AND THEN OVER HERE, DEPUTY MARSHALS SEEK OUT AND ARREST DEFENDANTS WITH OUTSTANDING MUNICIPAL WARRANTS.

AND THAT PROVIDES A REVENUE STREAM FOR THE CITY OF AUSTIN.

THAT'S HOW THIS WAS FRAMED IN 2008, WE HAVE IN THIS TOWN COME A LONG WAY IN OUR THINKING ABOUT CLASS SEEN MISDEMEANORS, AND I HOPE, AND I PRAY THAT WE DON'T GO BACK BECAUSE THESE DAYS ARE NOT WHERE WE NEED TO BE NOW.

THANK YOU.

THANK YOU, MS. MITCHELL.

WE REALLY APPRECIATE YOU COMING TO SPEAK TO US.

THANK YOU.

ALL RIGHT.

SO ANY FURTHER QUESTION FROM ANY OTHER COMMISSIONER AROUND THE RESOLUTION? I JUST WANTED A CHAIR.

YES.

GO AHEAD.

COMMISSIONER WEBER.

I JUST WANTED TO MAKE SURE THAT WE DO HAVE THE COMMENTS THAT THE SPEAKER REFERRED TO.

UM, WE HAVE A LETTER FROM JANUARY 19TH.

IT WAS SIGNED BY A NUMBER OF ORGANIZATIONS.

AND I DON'T KNOW IF SHE'S LEFT.

UM, IF SHE COULD CLARIFY SHE'S THERE, SHE'S HERE.

W CLARIFY WHAT COMMISSIONER WEBER.

SHE SAID WE ALREADY HAVE HER COMMENTS.

AND I WAS WONDERING IS THAT, UH, THE COMMENTS WE RECEIVED FROM, UH, THE TEXAS FAIR OFFENSE PROJECT WITH A LETTER THAT'S SIGNED BY A NUMBER OF OREGON? YES.

MA'AM, THAT'S THE COMMENT THAT I'M TALKING ABOUT.

THOSE ARE SORT OF OUR MAIN POINTS.

THANK YOU.

THANK YOU, MS. MITCHELL.

SO WE ARE STILL IN DISCUSSION AROUND THE RESOLUTION, ANYONE WITH ANY OTHER QUESTIONS? OKAY.

IF THERE ARE NO MORE QUESTIONS, WE HAVE A MOTION AND A FOR THIS RECOMMENDATION, SO WE WILL BE TAKING A VOTE ON FOR SUPPORT OF THIS RECOMMENDATION TO GO TO CITY COUNCIL.

ALL RIGHT.

LET'S START FROM THE TOP BY SURE.

RAMIREZ? YES.

COMMISSIONER WEBBER.

YES.

COMMISSIONER HODGSON FLOP.

YES.

COMMISSIONER AUSTIN.

YES.

COMMISSIONER KICKOFF.

COMMISSIONER LEWIS.

YES.

COMMISSIONER LANE.

YES.

COMMISSIONER SIARA ALIBABA.

YES.

COMMISSIONER BERNHARDT IS NOT HERE.

AND COMMISSIONER HALL MARTIN.

YES.

AND MY VOTE IS YES AS WELL.

SO THE RECOMMEND THE RECOMMENDATION TO SEND TO CITY COUNCIL ON THE CITY MARSHAL'S PROGRAM IS APPROVED.

THANK YOU ALL FOR YOUR PARTICIPATION.

ALL RIGHT.

NEXT THING.

ON THE LIST, WE HAVE OUR NEW BUSINESS.

WE HAVE OUR

[3.a. Public Safety Organizations Quarterly Report – Austin Fire Department (sponsors: Commissioner Hausenfluck and Gonzales) 4:40pm-4:50pm]

PUBLIC SAFETY ORGANIZATIONS, QUARTERLY REPORT FROM AUSTIN FIRE PRESENTED BY CHIEF BUYERS.

ALL RIGHT.

I THINK I TURNED THE MIC ON.

CAN Y'ALL HEAR ME OKAY.

GOOD.

ALL RIGHT.

THANK YOU.

AND THERE SHOULD BE A POWERPOINT SLIDE, UH, FOR THIS, THAT CAN BE PULLED UP FOR FOLKS TO SEE, UH, CHAIR AND COMMISSIONERS.

APPRECIATE YOUR TIME AND THE CHANCE TO SHARE WHAT WE'RE DOING IN THE AUSTIN FIRE DEPARTMENT.

OH, THAT IS THE WRONG ONE.

OH, ONE SECOND.

ON, MAY I ASK WHAT THE NAME OF THIS PRESENTATION IS? IT SHOULD BE CALLED THREE A.

OKAY.

I SEE.

I THINK IT'S THE PDF POWERPOINT.

SO I WENT WITH THAT.

YEAH, IT'S A POWERPOINT ITEM THREE, A NOPE, THAT'S IT RIGHT THERE.

IF WE COULD ADVANCE TO SLIDE NUMBER TWO, PLEASE.

AND THIS, THIS

[00:20:01]

SLIDE HERE IS GOING TO BE A SUMMARY OF THE, UH, GO BACK.

ONE SLIDE.

I APOLOGIZE RIGHT HERE, UH, WILL BE A SUMMARY OF WHAT THE NEXT SEVERAL SLIDES OFFER.

IF YOU'LL NOTICE, UH, WITH COVID, THERE WAS A DOWNTURN IN THE TOTAL NUMBER OF CALLS THAT WE RECEIVED FOR THE YEAR IN FISCAL 19, A SLIDING, UH, DECREASE EVEN FURTHER IN 20, BUT YOU'LL SEE, IN 2021 WHERE WE'VE GOT OVER A HUNDRED THOUSAND CALLS, UH, THAT WE RESPONDED TO A RESURGENCE TO, UH, THE ACTIVITIES AROUND THE CITY OF AUSTIN.

AND, UH, THE, UH, WITH THIS, THERE'S ALSO AN UPTICK, UH, WITH, UH, THE COVID COVID, BUT WITH A WINTER STORM URI AS WELL THAT WE EXPERIENCED LAST YEAR.

BUT EVEN WITH THAT 2020 NUMBERS WERE CONSIDERABLY LOWER.

AND IN 2021, WE'VE REVERTED BACK TO PRE COVID AND GREATER LIKE RESPONSE NUMBERS.

THE NEXT SLIDE, IF YOU WOULD, THIS SLIDE AND THE NEXT ABOUT 10 WILL BE THE REPRESENTATIVE DEALS BY COUNCIL DISTRICTS, UH, THAT YOU'VE SEEN BEFORE.

UH, THE YELLOW ON THIS ONE IS SHOWING YOU THIS QUARTER VERSUS THE QUARTER OF THE PREVIOUS YEAR.

AND YOU SEE THAT AS A GENERAL INCREASE ACROSS THE BOARD.

WE GO TO THE NEXT SLIDE.

MY APOLOGIES ON THIS SLIDE, THE, THE COLORS GOT REVERSED AND THE BLUE ON THIS TIME IS THE 2021 NUMBERS.

AGAIN, YOU SEE AN INCREASE IN CALL VOLUME FOR THIS QUARTER COMPARED TO THE PREVIOUS QUARTER.

NEXT SLIDE PLEASE.

ALL RIGHT.

YOU'LL SEE THE BREAKDOWN OF, OF, UH, THE CALL TYPES.

UH, WHAT WE HAD GENERALLY SPEAKING, NOT A TREMENDOUS ANOMALY HERE IS REALLY KIND OF CONSISTENT, EVEN THOUGH THE CALL VOLUME GOES UP BY PERCENTAGE OF THE CALL TYPES REMAINED THE SAME.

AND AGAIN, YOU SEE THE NEXT SLIDE OVER HERE.

UH, IT'S TELLING US THE SAME DEAL FOR, UH, REQUEST FOR SERVICE.

AND THEN IF YOU GO TO THE FALL, THE NEXT SLIDE, I APOLOGIZE.

I'M RUSHING THROUGH THIS.

IF THERE'S QUESTIONS BY ALL MEANS, PLEASE STOP ME.

BUT THIS IS PRETTY MUCH SIMILAR AS WHAT YOU'VE HAD IN THE PREVIOUS PRESENTATIONS, QUARTERLY PRESENTATIONS THAT WE'VE DONE BEFORE.

SO NEXT SLIDE, PLEASE.

AGAIN, THE YELLOW IS REPRESENTATIVE OF THE 2021 QUARTER FOURTH QUARTER VERSUS THE 2020 FOURTH QUARTER.

YOU SEE OVERALL INCREASE, WHICH YOU SEE AGAIN IN THE NEXT SLIDE FOR EMERGENCY OFFENSES.

THIS IS SLIDE NUMBER EIGHT.

WE SHOULD BE ON NOW.

AND THEN IF WE MOVE ON TO SLIDE NUMBER NINE, YOU SEE EMERGENCY RESPONSE, UH, QUARTER FOUR OF 2020 VERSUS 21.

AND YOU SEE VERY SIMILAR PERCENTAGES AS FAR AS THE, THE CALL TYPES GO, UH, SLIDE NUMBER 10.

AGAIN, THE SIMILAR INFORMATION FROM ONE QUARTER OF THE OTHER, THE, THE CALL TYPES ARE RELATIVELY SIMILAR IN NATURE.

SLIDE NUMBER 11, IF YOU WOULD, PLEASE.

ALL RIGHT, THIS IS YOUR, UH, RESPONSE TIMES BY COMPARISON.

IT'S BROKEN OUT BY DISTRICTS, UH, FOR Y'ALL TO REVIEW.

AND THEN IF YOU MOVE TO SLIDE NUMBER 12, IT'S THE SAME DEAL YEAR END, PARDON? A YEAR END RESPONSE TIMES BROKEN DOWN BY COUNCIL DISTRICTS AS WELL FOR, FOR REVIEW.

THAT WAS KIND OF QUICK THROUGH THOSE THAT'S, IT'S NOT ANYTHING DIFFERENT THAN THE PREVIOUS QUARTERS.

IF YOU'RE COMFORTABLE WITH THAT, I'LL MOVE ON.

IF THERE'S ANY QUESTIONS ABOUT THOSE PREVIOUS SLIDES, I'M HAPPY TO VISIT ON THOSE NOW.

COMMISSIONER HAS ANY QUESTIONS SO FAR.

OKAY.

OKAY.

NEXT SLIDE PLEASE.

SO COVID-19 AND THE FIRE DEPARTMENT, UH, AS OF THE END OF THE YEAR, UH, WE HAD A TOTAL NUMBER OF, OF 406 COVID THROUGH 20 AND 21.

AND IN QUARTER 4 91, POSITIVES, I CAN TELL YOU THAT SINCE THIS PRESENTATION WAS MADE, WE HAD A HUGE UPTICK, UH, WITH OMNICON, UH, AS OF, UH, THROUGH THE FIRST PART OF JANUARY, WE WERE UP TO ABOUT 130 PEOPLE OFF WITH COVID AND WE'RE NOW BACK DOWN TO 80.

SO HOPEFULLY WE'RE PAST THE HUMP AND MOVING IN RELATIVE THERE.

AND THAT THE 80 NUMBER WAS EFFECTIVE OF THE 21ST OF JANUARY.

SO THANKFULLY THIS ONE, THE QUARANTINE TIME WASN'T AS LONG, THE SYMPTOMS WEREN'T AS SERIOUS.

AND WE'RE VERY FORTUNATE AND GRATEFUL THAT NONE OF OUR FOLKS WERE HOSPITALIZED SO FAR WITH THIS NEW VARIANT.

UH, CURRENTLY AGAIN, WE HAVE 80 PEOPLE OFF AS OF FRIDAY OF LAST WEEK.

UH, AND THAT'S THE MOST UP-TO-DATE INFORMATION AS FAR AS THE COVID NUMBERS GO.

UH, THE, AS FAR AS ADA ACCOMMODATIONS, NO ONE HAS ASKED FOR ANY, UH, ALL THE, THE COVID POSITIVES ARE CONSIDERED AS, UM,

[00:25:01]

UH WORK-RELATED AND WE GO THROUGH WORKER'S COMP FROM THAT.

SO THEY'RE ALL CONSIDERED THAT ON THE FRONT END WORKERS' COMP SORTS OUT WHETHER THAT'S ACTUAL OR NOT.

IF WE COULD GO BACK TO THE POWERPOINT AND SLIDE NUMBER 14 FOR VACCINATION EFFORTS, THE NEXT SLIDE, PLEASE.

THERE YOU GO.

THAT ONE.

SO, UH, WE'VE DONE A REAL GOOD JOB ABOUT ENCOURAGING OUR FOLKS AND TO BE EDUCATED ON VACCINATIONS AND TO PURSUE THAT AND OFFER ASSISTANCE WHERE WE CAN THROUGH A VARIETY OF DIFFERENT OPTIONS TO INCLUDE THE WELLNESS CENTER FOR VACCINATIONS, THE NUMBERS YOU HAVE ON HERE'S, WHAT THE WELLNESS CENTER HAS DONE.

UH, WE DID DO A SURVEY A WHILE BACK THAT, UM, UH, ASKED MEMBERS IF THEY WERE VACCINATED OR NOT.

FROM THAT WE SPECULATE WE'RE ABOUT THE MID 70 PERCENTILE, ABOUT 75 ISH PERCENT OF THE SWORN MEMBERS WHO'VE BEEN VACCINATED, BUT THAT'S A LITTLE BIT OF A GUESS BECAUSE WE WEREN'T REQUIRING FOLKS TO REVEAL THAT INFORMATION, CAUSE IT MAY HAVE GOTTEN VACCINATED ON THEIR OWN ELSEWHERE OUTSIDE OF THE WELLNESS CLINIC EFFORTS.

NEXT SLIDE.

SO WE WENT THROUGH QUITE A RECRUITING PROCESS AND OUR COVID CONDITIONS WHERE YOU COULDN'T GO OUT AND SHAKE HANDS AND MEET PEOPLE FACE TO FACE.

BUT OUR RECRUITERS DID A PHENOMENAL JOB OF GETTING A LARGE VOLUME OF PEOPLE TO APPLY FOR THE DEPARTMENT, GO THROUGH THE APPLICANT, PROCESS IT FOR THE TESTS, ET CETERA.

AND I'M HAPPY TO SAY THAT WE STARTED OUR FIRST CADET CLASS ON THE 18TH OF JANUARY FROM THIS LIST AND WHAT YOU SEE THERE, THE DEMOGRAPHIC MAKEUPS OF THIS PARTICULAR CLASS, THE NEXT ONE WILL START IN MARCH AND THE THIRD CLASS FROM THIS, AND THERE'LL BE OTHERS.

THE MAKE THE THIRD CLASS WILL BE SOMEWHERE AROUND AUGUST, OCTOBER TIMEFRAME.

AND THE LAST SLIDE, IF YOU WOULD PLEASE, AS ALWAYS, WE'RE ALWAYS RECRUITING.

IF YOU KNOW SOMEONE WHO'S INTERESTED IN THE DEPARTMENT THAT WE HAVE AN ACTIVE LIST, WE STILL WANT TO TALK TO PEOPLE AND SHARE ABOUT THE GREAT THINGS THAT OUR TEAM DOES AND GET THEM ENGAGED AND INVOLVED AND INTERESTED IN US FOR THE NEXT APPLICANT PROCESS.

SO THAT'S THE INFORMATION YOU SEE THERE FOR HOW TO LOOK INTO APPLYING FOR THE FIRE DEPARTMENT@JOINAFD.COM.

THAT'S IT, THAT'S THE END OF MY PRESENTATION.

ARE THERE ANY QUESTIONS ABOUT THE QUARTERLY REPORT FOR THE AUSTIN FIRE DEPARTMENT? THANK YOU, CHIEF BUYERS, ANYONE ONLINE HAVE ANY QUESTIONS FOR CHIEF BUYERS? ALL RIGHT.

I THINK YOU'RE GOOD TO GO.

YOU HAVE DODGED THE BULLET AGAIN.

THANK YOU.

ALL RIGHT.

SO, UH, I HAVE BEEN NOTIFIED THAT ANY MICHELLE EVANS HAS BEEN ABLE TO JOIN US.

HI, THANK YOU FOR JOINING US.

UH, WE WILL BE GOING BACK TO TWO

[2.a. Legislative update on SB69 (sponsors: Commissioner Ramirez and Gonzales) 4:25pm- 4:35pm]

A ON THE AGENDA FOR OLD BUSINESS, AND I DON'T KNOW IF YOU HAD SHARED ANYTHING WITH US TO SHOW ANY, I DON'T HAVE A PRESENTATION.

UM, IF THERE'S QUESTIONS AFTERWARDS OR THE COMMISSION WOULD LIKE MORE INFORMATION, I'M HAPPY TO SEND ANYTHING AFTER.

GREAT, WONDERFUL.

THE FLOOR IS YOURS.

THANK YOU SO MUCH.

AND THANK YOU TO THE CHAIR AND VICE CHAIR FOR THE INVITATION TO SPEAK TODAY.

UM, I KNOW THAT I ONLY HAVE ABOUT 10 MINUTES, SO I'LL KEEP MY COMMENTS BRIEF.

UM, THE FIRST THING I WANT TO ACKNOWLEDGE IS I KNOW THAT APD SPOKE ABOUT SB 69 AT THE LAST MEETING.

AND I DID REVIEW THE RECORDING FROM THAT MEETING.

AND I'LL SAY THAT I WAS PLEASED TO HEAR THAT APD PLANS TO REVISE THE CURRENT DUTY TO INTERCEDE POLICY.

UM, NOW I WILL SAY I HAVEN'T SEEN THAT REVISED LANGUAGE, UM, OR THE, ANY CHANGES PLANNED FOR THE POLICY ON CHOKE HOLDS AND STRANGLE HOLDS.

SO WHAT I'D LIKE TO DO TODAY IS JUST OFFER APPEALS PERSPECTIVE ON WHAT WE WOULD LIKE TO SEE.

UM, SOME OF THOSE CHANGES SPECIFICALLY ADDRESS.

SO I'LL FIRST JUST TALK ABOUT DUTY TO INTERVENE.

AND THERE'S THREE POINTS THAT I WANT TO HIGHLIGHT HERE.

THE FIRST IS PROACTIVE VERSUS REACTIVE LANGUAGE.

SO SB 69 CREATES A DUTY TO INTERVENE THAT IN OUR VIEW IS BOTH PROACTIVE AND REACTIVE.

IT STATES THAT OFFICERS HAVE A DUTY TO STOP OR PREVENT ANOTHER OFFICER FROM USING FORCE THAT IS NOT REASONABLE UNDER THE CIRCUMSTANCES.

THE TEXTS OF APS CURRENT POLICY SEEMS TO CREATE A DUTY THAT IS PURELY REACTIVE.

UM, IT STATES ANY OFFICER WHO OBSERVED ANOTHER OFFICER USING FORCE SHALL INTERCEDE TO PREVENT FURTHER HARM.

SO ON THE ONE HAND, THE BILL REQUIRES INTERVENTION IN SITUATIONS WHERE UNREASONABLE FORCE TO ANTICIPATED, BUT DOES IT REQUIRE THAT THE OFFICER ACTUALLY WAIT UNTIL THE FORCE HAS BEEN USED AND APS POLICY IS DIFFERENT.

AND SO FOR THAT, SO FOR THAT REASON, UM, WHICH IN OUR VIEW IS MORE REACTIVE LANGUAGE.

IT SEEMS THAT THIS PIECE OF APDS POLICY MAY NEED TO BE REVISED TO ALIGN WITH SB 69.

THE NEXT TOPIC THAT I WAS GOING TO COVER IS OBJECTIVE VERSUS SUBJECTIVE KNOWLEDGE.

SO SB 69 ALSO REQUIRES THAT AN OFFICER

[00:30:01]

STEP IN TO STOP OR PREVENT EXCESSIVE FORCE WHEN THEY KNOW OR SHOULD KNOW.

SO THIS COVERS BOTH SUBJECTIVE AND OBJECTIVE KNOWLEDGE.

THE SUBJECTIVE IS WHAT THE OFFICER ACTUALLY KNEW, AND THE OBJECTIVE IS WHAT THE OFFICERS SHOULD HAVE KNOWN BASED ON THEIR TRAINING AND EXPERIENCE.

SO THE TEXT OF APDS POLICY HERE IS DIFFERENT, AND THEN IT ONLY REQUIRES AN OFFICER TO INTERCEDE.

IF THE OFFICER PERSONALLY KNOWS THAT THE FOREST HAS NOT, OR EXCUSE ME, WAS NOT OBJECTIVELY REASONABLE.

SO, UM, FOR THAT REASON, IT SEEMS THAT THIS PIECE OF APDS POLICY MAY ALSO NEED TO BE REVISED TO ALIGN WITH SB 69.

AND THE REASON I SAY THAT IT'S PERSONAL KNOWLEDGE, JUST BECAUSE APS POLICY ONLY SAYS THAT THE OFFICER HAS A RESPONSIBILITY TO STEP IN IF THEY KNOW.

AND SO IT'S THE WORD KNOW OR KNOWLEDGE IS NOT DEFINED IN THE APD GENERAL ORDERS.

UM, THE DEFAULT THEN ACCORDING TO THE GENERAL ORDERS IS THAT THE WORD WOULD MEAN WOULD HAVE A COMMON DEFINITION.

THE COMMON USAGE OF THE TERM WOULD BE A DEFAULT DEFINITION.

AND SO THE DEFAULT FOR THE WORD KNOW, OR KNOWLEDGE IS INFORMATION THAT YOU CURRENTLY HAVE IN YOUR MIND, OR YOU HAVE IN YOUR MIND AT THE TIME YOU'RE THERE.

UM, SO THAT'S THE FIRST TWO POINTS.

THE LAST POINT UNDER THE DUTY TO INTERVENE IS THE REPORTING REQUIREMENT.

UM, SO THE BILL LIKE APDS, PARENT POLICY CREATES A DUTY TO ACT AND A DUTY TO REPORT, WHICH IS REALLY CRITICAL.

AND THE BILL, HOWEVER, HAS MORE SPECIFICS IN OUR VIEW THAN APS POLICY.

SO OPS POSITION IS THAT APS POLICY MAY NEED TO BE REVISED TO AT A MINIMUM MIRROR.

THOSE SPECIFICS IN PARTICULAR, THE BILL REQUIRES THE OFFICER WHO WITNESSES THE INCIDENT TO PROMPTLY, MAKE A DETAILED REPORT AND TO DELIVER THAT REPORT TO THEIR OWN SUPERVISOR AND APDS POLICY REQUIRES THAT OFFICERS PROMPT THE REPORT, BUT THE TEXT DOESN'T CLEARLY STATE THAT OFFICERS MUST MAKE A WRITTEN REPORT.

UM, AND THE BILL TEXTS DOES SEEM TO CALL FOR A WRITTEN REPORT.

SO THIS IS SOMETHING THAT, UM, WOULD MAKE, MAY NEED TO BE SPECIFIED AT APD POLICY AS WELL.

APD POLICY ALSO SAYS THAT THE WITNESS OFFICER MUST REPORT TO A SUPERVISOR, BUT IT DOES NOT SPECIFY THAT THE SUPERVISOR MUST BE THE WITNESS OFFICER'S SUPERVISOR.

SO FOR CLARITY PURPOSES, AND TO COMPLY WITH STATE LAW, IT'S IMPORTANT THAT THESE DETAILS BE OUTLINED IN APD POLICY OPO WOULD ALSO RECOMMEND MORE CLARITY AS TO THE THINGS THAT MUST BE INCLUDED IN THE REPORT AND THE TIMELINE FOR REPORTING.

SO BOTH THE BILL AND AP POLICY REQUIRE PROMPT REPORTING, BUT THIS IS VAGUE AND IT DOESN'T APPEAR TO BE DEFINED IN EITHER THE BILL OR IN THE GENERAL ORDERS.

UM, AND THEN AS TO NECK RESTRAINTS.

UM, AND THEN I CAN TAKE QUESTIONS AT THE END.

I DON'T KNOW IF YOU WANTED ME TO PAUSE HERE FOR ANY QUESTIONS ABOUT THE DUTY TO INTERVENE AND WE'LL JUST SAVE THE QUESTIONS FOR THE END.

OKAY.

SO, UM, AS FAR AS MACRO RATES IS CONCERNED, I KNOW THAT THERE WAS A QUESTION FROM THE COMMISSION AT THE LAST MEETING ABOUT WHETHER THE BILL WOULD PROHIBIT AN OFFICER FROM RESTRAINING, SOMEONE KNEELING ON THE PERSON'S BACK.

AND INTERESTINGLY, THE TEXT OF THE BILL DOESN'T STATE THIS, IT DOESN'T TALK ABOUT THAT, BUT THE LEGISLATIVE INTENT DOCUMENTS, INCLUDING THE ONE FROM THE SENATE RESEARCH CENTER, WHICH IS THE ONLY ONE THAT SPEAKS TO THE ENROLLED VERSION OF THE BILL.

SO IN OTHER WORDS, THE BILL TEXT THAT BECAME LAW, UM, THAT SPECIFICALLY STATES THAT ITS INTENT WAS TO PROHIBIT OFFICERS FROM APPLYING DEADLY PRESSURE TO A PERSON'S THROAT, NECK, OR TORSO BLOCKING A PERSON'S NOSE OR MOUTH OR IMPEDING A PERSON'S CIRCULATION, UNQUOTE.

SO, AS I SAID, THE BILL TECHS, UM, WOULD, UH, DOESN'T SPECIFICALLY STATE THAT PIECE, BUT THE LEGISLATIVE INTENT SEEMS TO REQUIRE IT.

AND SO OPS POSITION IS THAT, UM, THE POLICIES SHOULD BE REVISED.

AP POLICY SHOULD BE REVISED TO REFLECT THIS LEGISLATIVE INTENT.

UM, AND AS WE KNOW, THE STATE LAW SETS THE MINIMUM REQUIREMENTS, BUT POLICE DEPARTMENTS CAN AND OFTEN DO CHANGE THEIR POLICIES TO COVER A BROADER ARRAY OF CONDUCT.

AND IN THIS CASE APPEALS POSITION IS THAT APS POLICY CAN AND SHOULD BE REVISED TO ABANDON ALL INSTANCES, INCLUDING DEADLY FORCE SCENARIOS, ANY ACTION THAT COULD, OR AS INTENDED TO PREVENT, REDUCE HINDER OR OTHERWISE NEGATIVELY IMPACT SOMEONE'S, UM, BLOOD FLOW OR INTAKE OF AIR.

AND THAT IS THE CONCLUSION OF MY COMMENTS.

I WILL TAKE ANY QUESTIONS ON THIS TOPIC, COMMISSIONER WEBER.

THANKS FOR THAT.

THAT WAS REALLY INTERESTING.

UM, I WAS WONDERING WHAT IS THE REMEDY FOR SOMEONE WHO AN OFFICER DIDN'T, UH,

[00:35:01]

STOP ANOTHER OFFICER FROM BEATING THEM? AND I'M ALSO WONDERING IF YOU COULD JUST TELL US, UM, WHETHER THE POLICE DEPARTMENT HAS INDICATED THAT THEY ARE OPEN TO YOUR FEEDBACK ON THIS, AND IF THERE'S A TIMEFRAME FOR INCORPORATING THESE, UM, IMPORTANT CHANGES.

THAT'S A GOOD QUESTION.

UM, AS FAR AS THE REMEDY IS CONCERNED, I THINK THAT'S STILL AN OPEN QUESTION BECAUSE THE LAW DOES STATE THAT IT DOESN'T CREATE, UM, OR MY NOTES.

UH, IT DOES NOT EXPRESS THE CREATIVE CRIMINAL OFFENSE OR INCREASE THE PUNISHMENT FOR A CRIMINAL OFFENSE.

UM, SO I THINK IT WOULDN'T BE CIVIL IN NATURE.

UM, BUT AS TO THE SPECIFICS OF THAT, I'M NOT ENTIRELY SURE.

UM, IN TERMS OF EPDS, UM, UM, SORT OF RESPONSE TO OUR RECOMMENDATIONS, WE DID MAKE RECOMMENDATIONS RELATED TO BOTH OF THESE TOPICS.

DO WE NEED TO INTERVENE? AND, UM, CHUCK CALLS A STRANGLEHOLD IN OUR REPORT IN 2021 RELATED TO USE OF FORCE.

UM, WE PUBLISHED A PHASE ONE REPORT, WHICH WAS OUR PRELIMINARY RECOMMENDATIONS AND PHASE THREE REPORT, WHICH REFLECTED, UM, COMMUNITY INPUT AND ANY CHANGES TO BEST PRACTICES OR CHANGES IN THE LAW.

UM, AND I AM NOT, UM, PRIVY TO ANY, UM, SPECIFIC CHANGES TO THE GENERAL ORDERS THAT HAVE COME FROM, UM, OKAY.

THOSE RECOMMENDATIONS.

I THINK THAT, UM, UH, BASED ON WHAT, UM, CHIEF TECHONE SAID AT THE LAST MEETING, THAT IT APPEARS THAT, UM, THEY ARE GOING TO MAKE SOME CHANGES, BUT I DON'T KNOW IF THOSE ARE RELATED TO WHAT APPEAL RECOMMENDED OR, UM, OR, YOU KNOW, THEIR INTERPRETATION OF THE CHANGES TO THE LAW COMMISSIONER BARNHART.

GO AHEAD.

UM, THANK YOU, MS. EVANS FOR THIS PRESENTATION.

I DON'T KNOW THAT I CAUGHT ALL OF IT, BUT IT WAS VERY HELPFUL.

AND, UM, AND I THINK, YOU KNOW, I AM MOST CONCERNED ABOUT THE FACT THAT JUST FROM ANECDOTE, I'VE HEARD THAT WHAT'S MOST COMMON IN TEXAS IS FOR POLICE OFFICERS TO PUT THEIR KNEES ON PEOPLE'S BACKS IN THE MIDDLE OF THEIR BACKS AND, AND PREVENT BREATHING THAT WAY.

AND THAT IF WE COULD ENCOURAGE APD TO TAKE UP A POSITION THAT, THAT OUTLAWED THAT PRACTICE IN ADDITION TO WHAT'S BEEN REALLY CLEARLY PROHIBITED UNDER TEXAS LAW, UH, IT WOULD BE VERY HELPFUL.

UM, AND THAT'S A POSITION THAT OPO SUPPORTS AND, AND RECOMMENDED SPECIFICALLY, UM, IN OUR, UM, WE CALLED IT AN EIGHT COUNT WEIGHT OR COMMUNITY, UM, PLACING USE OF FORCE REPORT.

SO, UM, YES, OPIODS IS ALIGNED WITH THAT VIEW, UM, AND WOULD SUPPORT, UM, CHANGES THAT REFLECT THAT, UH, COMMISSIONER.

SO YOU'RE OUT OF ALL LOW, PLEASE.

UH, THANK YOU FOR THE INFORMATION YOU PROVIDED TODAY.

MS. EVANS, I HAD A PERHAPS TECHNICAL QUESTION ON THE LANGUAGE AROUND ANTICIPATED VERSUS KNOWN EXCESSIVE FORCE.

UH, THAT'S PART OF SB 69.

I'M WONDERING IF YOU CAN PROVIDE ANY BACKGROUND ON WHAT KIND OF LEGAL OR STANDARD IS USED CURRENTLY TO ADJUDICATE WHETHER AN OFFICER SHOULD HAVE BASED ON THEIR TRAINING AND EXPERIENCE ANTICIPATED A USE OF EXCESSIVE FORCE AND HOW THAT MIGHT BE APPLIED PRACTICALLY IN THE EVENT, UH, OF AN EXCESSIVE USE OF FORCE CLAIM.

SO I THINK, AND LET ME MAKE SURE THAT I'M ANSWERING THE QUESTION THAT YOU'RE ASKING.

SO YOU'RE ASKING ABOUT THE LANGUAGE IN THE BILL.

UM, AND I THINK THAT'S STILL A QUESTION THAT HASN'T BEEN ANSWERED.

THIS IS NEW LEGISLATION.

UM, AND SO THAT'S DEFINITELY SOMETHING I CAN TAKE A LOOK AT PERHAPS FROM OTHER JURISDICTIONS, BUT GIVEN THAT THIS IS NEW LAW, UM, IT'S NOT SOMETHING THAT I THINK BE TEXAS COURTS WOULD'VE ANSWERED, UM, AT LEAST IN THIS CONTEXT, UM, AS IT RELATES TO, UM, IT BEING STATE LAWS.

SO WHAT I CAN SAY IS IN TERMS OF WHAT IT WOULD REQUIRE IF WE WERE TO KEEP APDS POLICY AS IS, UM, AN OFFICER, YOU KNOW, IN ORDER FOR US TO UNDERSTAND, OR TO, TO KNOW IN TERMS OF AN ADMINISTRATIVE REVIEW OR INVESTIGATION, WHEN AN OFFICER KNEW THAT WOULD NEED TO BE SOMETHING THAT THEY ADMITTED, OR THAT WAS MADE CLEAR IN A REPORT OR SOME OTHER PIECE OF EVIDENCE THAT WE HAD ACCESS TO.

SO, UM, THAT'S SORT OF WHAT I CAN SAY TO THAT AT THIS POINT, BUT I'M HAPPY TO TAKE CARE OF THE FOLLOW-UP.

THANK YOU,

[00:40:03]

COMMISSIONER RAMIREZ, DID YOU HAVE SOMETHING OR NO? YEAH, JUST A REALLY BRIEFLY A REMINDER THAT, UM, CHIEF CHICANO DURING OUR LAST MEETING SAID THAT HE WOULD FOLLOW UP WITH US TO FIND OUT WHETHER OR NOT THE NEW TRAINING OF THE APD ACADEMY GUIDELINES ALLOWED KNEELING ON THE BACK.

CAUSE HE WASN'T.

SURE.

SO JUST A REMINDER THAT WE'D LIKE THAT, THAT ANSWER PLEASE.

GREAT.

THANK YOU, COMMISSIONER WEBER.

SO I JUST WANT TO MAKE SURE I UNDERSTAND, YOU KNOW, WHAT HAS HAPPENED SO FAR.

SO IN 2021, UH, ANY OPO RECOMMENDED THE CHANGES THAT YOU ARE TELLING US TODAY, LIKE NOTHING HAS CHANGED IN 2021 AS FAR AS APDS POLICY.

THAT'S CORRECT.

OKAY.

UM, I GUESS I WOULD JUST ASK, AND MAYBE MICHAEL, YOU'RE BETTER TO ASK ABOUT THIS, BUT GIVEN THAT THERE IS THIS NEW REQUIREMENT, SHOULD WE EXPECT TO SEE LIKE, YOU KNOW, A YEAR FROM NOW OR TWO YEARS FROM NOW A CHANGE IN THE NUMBER OF REPORTS OF OFFICERS INTERVENING LIKE WOULD, AND I DON'T KNOW ANY, MAYBE YOU CAN ANSWER THIS, LIKE HOW CAN WE TRACK WHETHER THIS HAS MADE ANY DIFFERENCE, WHETHER THERE HAS ACTUALLY BEEN A CHANGE, UM, FROM A POS PERSPECTIVE, I THINK AT LEAST FROM THE PERSPECTIVE OF THE POLICY AND RESEARCH DIVISION, WHICH IS THE ONE THAT I'M A PART OF, THAT WOULD DEFINITELY BE SOMETHING WE'D BE INTERESTED IN COLLECTING DATA ON.

UM, MY UNDERSTANDING IS THAT, AND PER WHAT CHIEF CHECKED HOME REPORTED LAST MEETING, UM, THAT THERE HASN'T BEEN MANY INSTANCES WHERE THE DUTY TO INTERCEDE POLICY, UM, WHICH IS WHAT UPDS IS CALLED, HAS BEEN APPLIED AND SO, OR, OR PERHAPS BEEN, UM, RELEVANT.

AND SO I THINK THAT, UM, COLLECTING DATA ON THIS AND LOOKING MORE CLOSELY, UM, AT, YOU KNOW, INSTANCES WHEN WE RECEIVED COMPLAINTS OF THIS NATURE, THINGS LIKE THAT AND RECORDING, UM, ALL THOSE COMPLAINTS OR PROCESS BEGINNING TO END, THAT WOULD BE REALLY IMPORTANT.

UM, AND SO I THOUGHT, I DEFINITELY THINK THAT NOW THAT IT IS PART OF THE STATE LAW IT'S, UM, YOU KNOW, EVEN MORE OF A CATALYST TO START COLLECTING THAT KIND OF DATA, BUT I GUESS I'M MORE LIKE, HOW WOULD YOU COLLECT IT? DOES APD HAVE A, A REPORT OR A CODE FOR THIS? YOU KNOW, DO THEY HAVE A SPECIFIC SET OF QUESTIONS THEY'RE SUPPOSED TO ANSWER WHEN THEY'RE REPORTING THAT SOMEONE, YOU KNOW, THAT THEY'RE INTERCEDING? UM, I THINK THAT IS A QUESTION THAT IS MAYBE BEST ANSWERED BY DPT AND AT APD.

AND I THINK IT REALLY RELATES TO HOW THEY COLLECT DATA AS IT RELATES TO USE OF FORCE.

UM, AND THAT'S REALLY, YEAH, I THINK A QUESTION THAT BEGINS WITH, WITH TACKLING THAT.

SO I THINK WE ALL KNOW THAT WE ARE NOT ABLE TO, UM, TRACK THINGS THAT WE DON'T MEASURE, RIGHT.

WE'RE NOT ABLE TO, UM, HAVE METRICS ON THIS UNLESS WE ARE ACTIVELY TRACKING IF THIS IS ACTUALLY HAPPENING.

SO I WOULD BE INTERESTED FROM A POLICY PERSPECTIVE FOR US TO DISCUSS AND PERHAPS GET ON NEXT MONTH'S CALENDAR.

I MEAN, WE SHOULDN'T HAVE TO PUT A RECOMMENDATION TOGETHER THAT SAYS, APD MUST FOLLOW THE NEW STATE LAW, RIGHT.

I MEAN, THAT'S OBVIOUS THAT THIS SHOULD BE HAPPENING.

SO, BUT WHAT I AM SUGGESTING IS PERHAPS FOR NEXT MONTH, WE HAVE A RECOMMENDATION THAT SAYS, UM, THE POLICY SIDE, THAT THERE SHOULD BE THESE METRICS PUT IN PLACE IN LINE WITH THE STATES CHANGE AND SB 69 FEEDBACK TO ANYONE.

I MEAN, I WOULD SECOND THAT AGENDA ITEM I WOULD, UM, I WOULD LIKE TO HEAR FROM THE POLICE DEPARTMENT, IF POSSIBLE, HOW DO THEY INTEND TO TRACK THIS SO THAT THEY CAN ENSURE THAT PEOPLE ARE FOLLOWING STATE LAW? YEAH, NO, I, I, I THINK THAT'S SOMETHING AND WE CAN, UM, I'LL WORK WITH YOU, COMMISSIONER WEBER AND COMMISSIONER CRR OUT OF ALL THE WHILE I WOULD DEFINITELY LIKE YOUR INPUT INTO THIS, UH, RECOMMENDATION SO WE CAN DO THAT OFFLINE AND I'LL PUT IT ON THE AGENDA FOR NEXT MONTH.

GREAT.

ANY OTHER QUESTIONS FOR MS. SEVENS? ALL RIGHT.

THANK YOU SO MUCH.

WE APPRECIATE YOUR FEEDBACK.

[00:45:01]

WE APPRECIATE YOU BEING HERE, MS. SEVENS.

THANK YOU VERY MUCH.

THANK YOU.

ALL RIGHT.

MOVING

[3.b. Winter Readiness (sponsors: Commissioner Lane & Ramirez) 4:50pm-5:10pm]

ON TO, UM, COMMISSIONER LANE AND COMMISSIONER RAMIREZ ITEM ON WINTER READINESS.

WE HAVE A CHIEF ASSISTANT CHIEF GARDENER.

SHE FIRES, UH, MR. BRANDON, WADE, CHIEF BRANDON WADE, UH, CHIEF JOHNSON AND LIEUTENANT EVERETT.

BELDIN DO I HAVE EVERYONE HAS EVER ANYONE ONLINE? I KNOW A COUPLE OF PEOPLE ARE HERE IN PERSON.

YEP.

AND THEN SHE FIRES AND CHIEF GARDENER.

WELCOME.

ALRIGHT.

UM, KRISHA LANE, WOULD YOU LIKE TO TEE THIS UP, SAY ANYTHING ABOUT THE, UM, THE ITEM BEFORE WE GO INTO DISCUSSION OR PRESENTATION? UH, CHAIR ONLY THING I WANTED TO SAY WAS THAT I JUST THINK IT'S IMPORTANT THAT WE TAKE A LOOK AT THIS, CONSIDERING THAT THIS WAS A VERY IMPORTANT TIME OF RESPONSE AND THAT WE HAD A COUPLE OF THINGS MISSING.

AND THE ONLY THING I WANTED FROM THIS WAS TO GET AN UNDERSTANDING OF WHAT WAS DONE.

THAT WAS THE ONLY GOAL HERE.

THANK YOU FOR THE TIME.

THANK YOU VERY MUCH.

WE CAN GO AHEAD AND START WITH AFD AS YOU ARE COMING TO THE FRONT OF THE ROOM.

WELCOME THE SUN.

ALL RIGHT.

BRANDON WADE, ASSISTANT CHIEF WITH THE AUSTIN FIRE DEPARTMENT.

SO SINCE THE WINTER WEATHER EVENT, LAST YEAR, WE HAVE TAKEN A NUMBER OF MEASURES TO INCREASE OUR ABILITY TO RESPOND.

UH, NAMELY I THINK ONE OF THE BIGGEST CHALLENGES THAT WE SAW WAS, UH, FUEL FOR OUR APPARATUS AND GETTING OUT AS, AS THE CITY HAS UTILIZED BIODIESEL FOR A NUMBER OF YEARS, THAT THAT PRESENTED QUITE A PROBLEM FOR US.

SO WE HAD WORKED WITH, UH, CITY FLEET AND, UH, GOT A STRAIGHT DIESEL MIX FOR OUR WINTER MONTHS AND SPECIFICALLY TO ADDRESS DECEMBER, JANUARY, FEBRUARY, UH, AS THEY WILL GO WITH A STRAIGHT FUEL AS A, THE BIODIESEL TENDS TO GEL IF WE GET EXTREMELY COLD WEATHER, WHICH WE SAW DURING THAT ENTIRE WEEK.

SO THAT WAS ONE OF THE FIRST THINGS THAT WE WANTED, UH, TO FIX SO THAT THE APPARATUS COULD CONTINUE TO ROLL OUT THE, UH, THE DOORS.

WE ALSO SAW GREAT SUCCESS LAST YEAR WITH THE AUSTIN FIRE DEPARTMENT IN OUR, UM, THE TIRE CHAINS THAT WE HAD THAT ALLOWED US AND OUR APPARATUS TO GET AROUND THE CITY AND MAKE NUMEROUS CALLS.

UH, AND IT WAS EXTREMELY HELPFUL.

UM, WITH THAT, UM, DRIVING ON THOSE FOR OVER A WEEK, WE DESTROYED JUST ABOUT EVERY TIRE CHAIN THAT WE HAD IN OUR FIREFIGHTERS.

NOT ONLY WHILE THEY WERE HANDLING THOUSANDS OF INCIDENTS, THEY WERE REPAIRING TIRE CHAINS INSIDE FIRE STATIONS.

SO TOWARDS THE END OF THE FISCAL YEAR, WE WERE ABLE TO PUT FUNDS TOGETHER AND WE PURCHASED, UH, CHAINS AGAIN TO OUTFIT ALL OF OUR FRONTLINE APPARATUS AND OTHER APPARATUS THAT WE CAN PUT INTO SERVICE.

AND AGAIN, WE, WE SHOULD SEE GREAT SUCCESS AGAIN, SHOULD, UM, EVEN A MINOR ICE STORM, UH, COMES UP.

SO THAT WAS VERY HIGH ON OUR PRIORITY LIST IS TO PUT THOSE, UH, TIRE CHAINS IN PLAY.

AND WE WERE ABLE TO ACHIEVE THAT.

WE ALSO WORKED ON, UH, SOME OF THE SMALL GENERATORS GETTING SMALL GENERATORS PREPARED, AS WE ALL KNOW, AND HAVE SEEN THAT THAT POWER AND UTILITIES WAS LOST, UH, ACROSS THE STATE.

UM, SO WHILE WE HAD TO FOCUS ON SMALLER GENERATORS, CAUSE THE LARGER GENERATORS FOR THE FIRE STATIONS ARE QUITE EXPENSIVE.

IT'S QUITE A PROJECT TO PUT THOSE IN PLACE.

WE ARE EXPLORING MORE OPTIONS FOR THAT, BUT IN THE MEANTIME, WE CAN GET SMALLER GENERATORS FOR, UH, FIRE STATIONS, PUT THOSE INTO SERVICE TO ALLOW FOR STATION ALERTING, STILL TO TAKE PLACE.

WE CAN ALSO CHARGE RADIO BATTERIES, HEATERS, MICROWAVES, AND GET THAT IF WE HAVE, UH, POWER OUTAGES, UH, UH, AMONGST AND ACROSS THE CITY THAT AFFECT OUR FIRE STATIONS.

SO THAT WAS ANOTHER ITEM TO PUT IN PLACE AGAIN, TO ASSIST IN THE ACTUAL RESPONSE TO INCIDENTS IN THE COMMUNITY.

THE OTHER ITEMS THAT WE LOOKED AT PUTTING IN AND STORING UP, UM, KIND OF TO NOT ONLY HELP COMMUNITY, BUT ALSO TO HELP OUR FIREFIGHTERS AS MANY WERE WORKING LONG HOURS WAS WE'VE GOT WATER, UH, PALLETS OF WATER STORED NOT ONLY IN OUR WAREHOUSE, BUT AT OUR, ALSO AT OUR SHOPS.

UM, THAT IS SOMETHING KIND OF IN CASE OF EMERGENCY BREAK GLASS.

SO WE HAVE THAT STORED, UH, AS WE KNOW, MANY OF OUR STATIONS LOST WATER AS WELL.

UH, BUT THE FIREFIGHTERS AND EMS, THEY ALL STILL STAYED IN THE STATION TO SERVE THAT DISTRICT.

THEY DIDN'T WANT TO LEAVE.

SO IT BECAME A WAY, HOW DO WE PROVIDE THEM WITH THE BASIC SERVICES TO LIVE INSIDE THAT FIRE STATION, UH, GETTING THOSE PALLETS OF WATER, UM, AND STORED AT PLACES, UH, STRATEGICALLY IN THE CITY FOR US TO GET OUT TO OUR MEMBERS OR IF WE HAVE TO UTILIZE

[00:50:01]

THAT, UM, FOR PUBLIC TO ASSIST AS WELL.

AND THEN LASTLY, AS, UM, STORES WERE TOUGH TO GET INTO DURING THAT TIME AND OUR FIREFIGHTERS, AGAIN, WE'RE AT WORK, WE HAVE THE MEALS READY TO EAT.

THAT MANY MAY BE FAMILIAR IF YOU'VE BEEN IN THE MILITARY MRAS, THEY'RE NOT THE MOST DELICIOUS THING.

UH, BUT THEY DO SUPPLY A SOURCE OF FOOD.

UH, WE HAVE APPROXIMATELY 150 OR SO OF THAT.

AND, UH, SPEAKING, YOU KNOW, WITH OUR DIVISIONS, WE'LL PROBABLY LOOK AT PURCHASING SOME MORE AS THEY CAN BE UTILIZED FOR A NUMBER OF THINGS.

SO WE HAVE ABOUT 150, UH, MRAS THAT ARE ALSO STORED WITH, WITH AFD.

AND SHOULD WE COME INTO A SITUATION LIKE THAT? UM, AGAIN, WE CAN DISTRIBUTE THOSE OUT TO THE FIRE STATIONS FOR THE FIREFIGHTERS.

THOSE ARE PROBABLY THE BIGGEST ITEMS, UH, THAT WE WORKED ON TO ENSURE THAT WE'RE ABLE TO RESPOND AGAIN FROM THE FIRE DEPARTMENT SIDE, UH, AND CONTINUE WITH THE FIRETRUCKS ROLLING AND RESPONDING TO INCIDENTS.

SO I'D BE HAPPY TO TAKE ANY QUESTIONS IF ANYBODY HAS ANY.

PERFECT.

THANK YOU SO MUCH, CHIEF WADE, ANY QUESTIONS FROM COMMISSIONERS? OKAY.

ALL RIGHT.

I THINK YOU'RE GOOD.

THANK YOU VERY MUCH FOR YOUR TIME.

WE DO APPRECIATE IT.

CHIEF GARDENER.

DO YOU WANT TO GO AHEAD AND GO NEXT? ABSOLUTELY.

I THINK I'M ON HERE.

UM, GOOD AFTERNOON.

I'M TERESA GARDNER ASSISTANT CHIEF WITH EMS AND, UH, MUCH LIKE THE AUSTIN FIRE DEPARTMENT AS CHIEF WADE MENTIONED, WE HAD THE SAME CONCERNS IN THE SAME, UM, ORDERING THINGS THAT WE DID.

UM, WE'VE ALSO, UH, IN CONJUNCTION WITH EVERYONE DONE THE CACHE OF WATER AND MRAS FOR OUR EMPLOYEES.

WE HAVE ACQUIRED THE TIRE CABLES.

THEY'RE A LITTLE BIT DIFFERENT THAN THE CHAINS, UM, THAT ARE BETTER SUITED FOR THE WEIGHT OF OUR VEHICLES.

WE HAVE SOME ALREADY FOR ALL OF OUR UTILITY VEHICLES, UM, WHICH WILL BE OUR FORD EXPLORERS.

HAVE YOU TAUGHT HOW THOSE VEHICLES LIKE THAT? AND WE HAVE, UH, THE TAR CABLES AND THAT SHOULD BE ARRIVING THIS WEEK FOR ALL OF OUR AMBULANCES.

WE'VE ALSO GOT DYNAMIC TOW STRAPS.

WE'VE USED THOSE TO PULL THE VEHICLES OUT OF SOME AWKWARD SITUATIONS.

IF THEY GET HIGH CENTER IN THE DITCH.

UM, THESE ARE STRAPS THAT HELP US TO GET OUT OF THOSE SITUATIONS AS WELL.

THE FUEL WAS AN ISSUE WE'VE DONE THE SAME, UM, WITH THE, UH, THE FUEL ISSUES FOR THE TRUCKS.

AND, UH, IN ADDITION TO PURCHASING SOME OF THE FUEL ADDITIVE TO KEEP THAT DIESEL FROM JELLING IN THE, IN THE, UM, LOW TEMPERATURES.

UM, IN ADDITION TO THOSE SUPPLIES, WE'VE ACQUIRED, UM, A NUMBER OF COTS AND WE'VE DONE SURVEYS OF ALL OF OUR EXISTING STATIONS TO SEE WHAT OUR CAPACITY IS FOR CREWS AT THOSE STATIONS.

SO ANY EVENT THAT WE NEED TO HOUSE, UH, CREWS FOR AN EXTENDED PERIOD OF TIME FOR OPERATIONS, WE HAVE THE ABILITY TO DO THAT.

THE SAME THING WITH GENERATORS, WE'VE DONE IT, A REVIEW OF ALL THE GENERATORS THAT ARE EXISTING STATIONS AND OUR OTHER FACILITIES AND GOTTEN THOSE RECONDITIONED OR REPLACED IF NECESSARY AND ALSO IDENTIFYING WHICH ONES ARE OUT OF SERVICE THAT WE MAY NEED TO MOVE THOSE STATIONS TO A DIFFERENT LOCATION FOR THE CREWS TO STAY ONLINE.

UM, IN ADDITION TO THAT, OUR PLANNING THINGS, UM, HAVE BEEN A NUMBER OF TABLETOP EXERCISES WITH CAP COD CAT ROCK, UH, THE EMERGENCY MANAGEMENT GROUP.

AND WE CONTINUE TO REVIEW OUR RISK RESPONSE PLANS AND UTILIZATION OF OUR PARAMEDIC LINE IN THE COMMUNICATION CENTER.

UM, DURING URI, WE HAD AN OVERWHELMING NUMBER OF MEDICAL CALLS THAT WE WERE NOT ABLE TO, UM, GET TO WITH TRADITIONAL MEANS OF AN AMBULANCE.

SO WE USED OUR PARAMEDIC TRIAGE LINE TO NAVIGATE THOSE PATIENTS TO OTHER RESOURCES AND DO CALLBACKS TO TOUCH BASE ON THAT.

AND WE'RE CONTINUING TO REVIEW ALL OF THAT.

AND THEN OF COURSE, WE'RE GETTING OUR SAFETY PLAN FOR OPERATIONS IN HAZARDOUS WEATHER AND DETERMINING IF WE NEED TO DO A SAFETY STAND DOWN FOR ANY ISSUES OR, YOU KNOW, CONTINUE OPERATIONS DURING THAT TIME.

WONDERFUL AND KNEE QUESTIONS FOR CHIEF GARDNER.

ALL RIGHT.

THANK YOU SO MUCH.

AND FINALLY FROM APD CHIEF, I'M SORRY, LIEUTENANT BELDEN, ARE YOU ONLINE? SURE.

I DID NOT SEE THEM THERE ON THE SCREEN AND THEY ARE ON THE SCREEN.

ARE YOU ON MUTE LIEUTENANT BELDEN? MAYBE SOMEWHERE ON HERE.

LET'S SEE.

GOTTA FIND, THERE WE GO.

THERE YOU GO.

WE CAN HEAR YOU.

CAN YOU HEAR ME? YES, 100%.

GO AHEAD.

FANTASTIC.

SORRY FOR THAT.

UM, I W I SCROLLED DOWN SHOULD HAVE SCROLLED UP CAUSE AFTERNOON, EVERYONE.

MY NAME IS EVERETT BELDEN WITH THE AUSTIN POLICE DEPARTMENT.

I'M GOING TO TOUCH ON OUR WINTER WEATHER PREY PREPARATIONS, UM, BASED OFF THE AFTER ACTIONS, UH,

[00:55:01]

THAT WE ALL PARTICIPATED IN.

AND, UH, IT FOLLOWS SUITS WITH SOME OF THE AMAZING WORK THAT, UH, AFD AND EMS HAVE ALREADY TOUCHED ON.

UM, WE WENT BACK AND WE VIEWED OUR AND UPDATED OUR COOP PLANS AND OUR WINTER WEATHER PLANS WITH THE LESSONS THAT WE LEARNED BACK DURING THE AAR PROCESS.

UH, WE PARTICIPATED IN THE ANNUAL UPDATE AND THE WINTER WEATHER PLANNING, ALSO THE TABLETOP EXERCISE, UM, THAT THE COUNTY AND THE CITY, UH, PARTNERED TOGETHER WITH.

WE, UH, WE CONTINUE TO PARTICIPATE WITH THE AUSTIN PUBLIC HEALTH AND HE SOME WITH WEEKLY WINTER WEATHER PLANNING AND SHELTER MEETINGS, SO THAT WE CAN STAY ON TOP OF THAT WITH THE LESSONS WE LEARNED FROM THE AAR, WE'RE GONNA UTILIZE MESSAGING, UH, PREVENT SO THAT WE CAN GET INFORMATION OUT TO OUR APD PERSONNEL IN THE GUIDELINES OF THEIR HOME PREPARATION, SO THAT THEY WON'T HAVE TO WORRY SO MUCH ABOUT THEIR FAMILIES CAN BE FOCUSED ON THE, ON THE TASK AT HAND WHEN THEY GET TO WORK.

UM, SOME OF IT, YOU MAY HAVE SEEN PUSHED OUT BY THE CITY, THINGS LIKE FOOD, WATER, UH, AND THINGS ALONG THOSE LINES THAT YOU CAN PREP FOR AHEAD OF TIME.

UM, AND THEN WORK PREPARATION, UH, TO BRING SOME ITEMS WITH THEM, UM, TERMINOLOGY FOR IT'S DIFFERENT, BUT GO BAG.

SO YOU CAN HAVE EXTRA CLOTHES, TOILETRIES THINGS ALONG THOSE LINES, AND IT'S JUST GOING TO BE IN THE MESSAGING SO THAT THEY'RE PREPARED AHEAD OF TIME.

UM, WE AS WELL, BUT COTS AND BLANKETS, UM, THAT WE DID NOT HAVE, UH, BUT HE STAGED AT EACH OF OUR SUBSTATIONS FOR OUR EMPLOYEES.

UM, IF THE WEATHER, UH, ENDS UP, UM, PINNING PEOPLE IN, SO TO SPEAK, UM, WE'VE ALSO WORKED WITH FLEET, UM, SO THAT WE CAN DEAL WITH POTENTIAL NEEDS FOR SPECIALIZED EQUIPMENT, ALTHOUGH ON A PLUS OUR ALL WHEEL DRIVE EXPLORERS PERFORM EXTREMELY WELL, UH, FOR THE TYPE OF CONDITIONS THAT WE WERE DEALING WITH.

SO WE'RE FORTUNATE THERE.

UM, WE HAVE FOOD AND WATER SUPPLIES THAT WILL BE PRE-STAGING, UH, FOR PERSONNEL, IF THE NEED ARISES.

UM, WE'RE GOING TO UTILIZE A VACANT SPACE THAT, UH, UM, OUR BLUE SANTA'S WAREHOUSE, SO THAT WE HAVE, UH, A PLACE THAT'S CLIMATE CONTROLLED, WHERE WE CAN, UH, KEEP THE, THE ITEMS UNTIL THEY'RE NEEDED.

UM, OUR EXECUTIVE STAFF AND OUR CIO, LIKE ALWAYS WE'LL WORK WITH CITY PIO TO MAKE SURE THERE'S THAT CONSISTENT MESSAGING THAT'S GOING OUT SO THAT WE CAN BETTER SERVE THE COMMUNITY.

AND MOVING ON TO OUR SHELTER SUPPORT, APD IS STILL COMMITTED TO PROVIDING OFFICERS FOR SHELTER SITES.

WE DID PUT IN A REQUEST AND WE'LL CONTINUE TO, UH, REQUEST ASSISTANCE THROUGH THE EOC PARTNER AGENCIES, UM, AND CONTRACTED SECURITY THAT THEY HAVE IF THE EVENT GETS PROLONGED, UM, DUE TO, UM, THE NUMBER OF SHELTERS THAT COULD POTENTIALLY OPEN AND NEEDING, UH, ADDITIONAL ASSISTANCE.

UM, OUR FACILITY OPERATIONS, ALWAYS ON TOP OF IT, THEY'VE PURCHASED EXTRA SALT TO, TO KEEP THE ENTRYWAYS FOR OUR BUILDINGS SAFE AND SECURE.

AND, UH, AS ALWAYS APD WILL HAVE STAFF AVAILABLE TO SUPPORT THE, THE EOC WHEN REQUIRED.

AND WE'LL CONTINUE TO WORK WITH OUR PARTNER AGENCIES, UM, TO ASSIST THEM.

AND THAT CONCLUDES MY APD WINTER WEATHER PREPARATION UPDATE.

THANK YOU.

AND ANY QUESTIONS, ANY QUESTIONS FOR LIEUTENANT BUILDON FROM ANYONE ON THE LINE? ALL RIGHT.

I THINK WE ARE GOOD.

THANK YOU SO MUCH FOR THE UPDATE.

WE APPRECIATE IT.

AND CATHERINE JOHNSON WAS ALSO LISTED, UH, CHIEF HENDERSON.

DO WE NEED, IS SHE ONLINE OR DO WE NEED HER COMMENTARY AS WELL? I'M SORRY.

CAN YOU HEAR ME OKAY? YEAH, NO, MA'AM, UH, HE COVERED EVERYTHING.

OKAY, PERFECT.

THANK YOU SO MUCH.

OKAY.

UM, THANK YOU FOR THE UPDATE ON THE WINTER WEATHER AND, UH, VICE-CHAIR RAMIREZ.

UM, I JUST HAD A QUICK, I THINK IT'S, I THINK IT'S UNDERSTOOD, BUT I JUST WANTED TO CLARIFY THAT ALL THE IMPROVEMENTS THAT HAVE BEEN MADE SO FAR BY AFD EMS AND APD MADE WITHIN THE CURRENT EXISTING BUDGET ALLOCATIONS.

UM, AND I GUESS JUST, UH, UH, PLACING A PIN FOR THE FUTURE WHEN WE'RE LOOKING AT BUDGETS FOR NEXT YEAR, WHAT ARE THE, WHETHER OR NOT THERE WERE IMPROVEMENTS, UM, DEEMED NECESSARY THAT WERE NOT ABLE TO BE MADE BECAUSE THERE WASN'T BUDGET FOR THEM.

IT WOULD, WHEN WE'RE LOOKING AT BUDGETS FOR NEXT YEAR, IT WOULD BE NICE TO GET THAT STUFF, UM, BUCKETED OUT SO THAT WE CAN, UM, EVALUATE THAT AS WELL.

GREAT.

I WILL FOLLOW UP WITH THE CHIEFS ON THAT.

SO FOR AFD, ALL THE THINGS THAT CHIEF WADE MENTIONED WERE THINGS DONE WITHIN OUR EXISTING BUDGET.

THE ONE

[01:00:01]

ITEM OUTSIDE OF THAT, UH, NOT EVERY FIRE STATION HAS A WORKING GENERATOR.

UH, THOSE ARE VERY PRICEY.

WE ARE LOOKING AT GRANT OPTIONS TO COVER THAT.

SO THAT WAS THE ONE THING OUTSIDE OF OUR EXISTING BUDGET, THAT WE'RE STILL IN THE PROCESS OF WORKING ON.

I DIDN'T WANT TO PUT YOU ALL ON THIS, ON THE SPOT, BUT IF YOU HAVE THE ANSWER, YOU'RE MORE THAN WELCOME TO ANSWER THAT, UH, CHIEF GARDENER, IF YOU'D LIKE, IT'S THE SAME WAY SINCE WE'RE IN SHARED STATIONS, WE DO HAVE SOME INDEPENDENT STATIONS, BUT AGAIN, THOSE GENERATORS ARE ONE VERY PRICEY AND TWO VERY DIFFICULT TO CAN LIE AT THIS POINT IN TIME SINCE EVERYONE WAS, WAS, UM, TRYING TO GET THEM.

UM, SO WE ALL FELT THAT PINCH, BUT YES, THAT IS ANOTHER AREA WHERE, UH, WE WERE NOT ABLE TO DO THAT WITH OUR EXISTING BUDGET FUNDS.

OKAY.

WONDERFUL.

AND LIEUTENANT BELDEN, DO YOU HAVE THE ANSWER TO THAT QUESTION OR WOULD YOU NEED, SO YEAH, ALL THE IMPROVEMENTS THAT WE WE MADE OR UPDATES ARE WITHIN OUR BUDGET, WE DIDN'T HAVE TO GO OUTSIDE OF IT AND WE HAVE EXISTING GENERATORS.

WE MADE AN ATTEMPT TO GET SOME ADDITIONAL, UM, BUT, UH, IT WAS, IT WAS DENIED.

UM, AND WE ARE IN THE PROCESS OF RESUBMITTING.

GREAT.

THANK YOU.

AND COMMISSIONER WEBER.

YEAH.

I WAS INTERESTED TO HEAR THAT, UM, APD STAFFS SHELTERS.

AND SO I JUST WANTED TO HEAR MORE ABOUT THAT, WHICH SHELTERS, UH, AND I ALSO WAS HOPING THAT CHIEF GARDENER COULD TELL US WHETHER EMS STAFF OFFICE, STAFFS SHELTERS, UH, FROM THE EMS SIDE, UH, DURING THIS PARTICULAR WINTER STORM, WE, WE DID NOT STOP THEM, UM, TO THE DEGREE THAT WE'VE STAFFED OTHER SHELTERS.

UM, AND THAT WAS SOME OF THAT WAS BECAUSE OF THE STAFF AVAILABLE TO DO THAT IN THE PAST, WE HAVE BEEN ASKED TO STAFFED AS A MEDICAL SUPPORT TO DO THAT.

UM, AND THAT'S AS AVAILABLE.

UM, AS THE EVENT WENT ON, WE DID HAVE COMMUNITY HEALTH PARAMEDICS AT WAR, UM, AT THE PALMER EVENTS CENTER, UH, THAT HELPED SUPPORTED THAT, UH, MEDICAL MISSION THERE.

UM, BUT IT, I THINK IT DEPENDS ON THE EVENT AND, UH, WHAT THE NEEDS ARE FOR THOSE PARTICULAR SHELTERS.

IT THANK YOU FOR THAT.

SO JUST TO CLARIFY, UM, WHEN THE WEATHER DROPS LOW ENOUGH, THIS WINTER THAT THAT WARMING CENTERS ARE OPENED, FOR INSTANCE, DOES APD AND EMS, ARE THEY, DO THEY STAFF THOSE? WE DON'T STOP THE WARMING CENTERS.

NO.

OKAY.

AND TWO FIRES.

DID YOU HAVE SOMETHING TO ADD? NO.

FOR THE WARMING CENTER, THERE WAS STAFF THERE THAT WAS PROVIDED BY HAYSOM JUAN ORTIZ TO, TO MANAGE THE SITE.

THERE'S ALSO A COMPONENT THAT INVOLVES THE FIRE MARSHALL'S OFFICE TO ENSURE ADEQUATE CLEARANCES FOR YOUR PATHWAYS AND EXITING, ET CETERA.

SO THE FIRE MARSHALL'S OFFICE FIREFIGHTERS ARE A COMPONENT OF YOUR SHELTERS, WHETHER IT BE THE WARMING SHELTERS OR THE EVACUATION SHELTERS FOR HURRICANES AND STUFF LIKE THAT.

THANK YOU.

AND CHIEF HENDERSON, DID YOU HAVE SOMETHING TO ADD AS WELL? UH, YES.

MA'AM, THAT IS CORRECT.

SO WHENEVER A WARM SHELTER, A WARMING SHELTER OR CENTER IS STOOD UP APD FOR STANDARD PRACTICE, WE PROVIDE SECURITY.

UM, FOR THOSE, ANY SHELTER THAT HAS STOOD UP AND IF ADDITIONAL SHELTERS ARE BROUGHT ONLINE, THEN WE ALSO PROVIDE SECURITY THERE.

AND OFFICER BELDEN, DID YOU HAVE ANYTHING TO ADD TO THAT? TOOK THE WORDS RIGHT OUT MY MOUTH CHIEF.

UM, WE, UH, RIGHT NOW WE PROVIDE THE TWO OFFICERS FOR THEIR COLD WEATHER SHELTERS.

WE PROVIDE, UH, OFFICERS AT THE REGISTRATION SITE, UH, AS AN EVENT CAN AND WILL GROW AS WE ALL SAW LAST FEBRUARY.

UM, WE PULLED OFFICERS FROM PATROL IN ORDER TO PROVIDE ADDITIONAL SECURITY AT THE CONVENTION CENTER.

AND THEN WE UTILIZE OUR PARTNERSHIPS THROUGH THE EOC AND GOT SOME ASSISTANCE THROUGH THE CONSTABLES AND TCSO, AND THEY'RE POTENTIALLY LOOKING AT CONTRACTED SECURITY EVEN GOING FORWARD, BUT I, I CAN'T TOUCH ON THAT.

THAT WOULD BE A HANDSOME QUESTION.

COMMISSIONER WEBER, GO AHEAD.

YEAH.

SO I'M NOT SURE THAT WE HAVE ANY, UH, JURISDICTION OR ABILITY TO ADVISE THE EMERGENCY MANAGER.

UM, BUT I WOULD JUST PUT OUT THERE THAT IT, UM, IT REALLY JUST DOESN'T SEEM LIKE A GOOD USE OF POLICE RESOURCES TO HAVE, UH, ARMED OFFICERS PROVIDING SECURITY TO UNHOUSED PEOPLE.

UM, IT JUST REALLY SEEMS LIKE THERE ARE PROBABLY OTHER MORE APPROPRIATE TYPES OF PROFESSIONS THAT SHOULD BE DOING THAT.

IT'S JUST

[01:05:01]

A COMMENT FROM ME.

THANK YOU, COMMISSIONER WEBBER.

ANYONE ELSE WITH QUESTIONS ON THIS ITEM? ALL RIGHT.

THANK YOU.

THANK YOU VERY MUCH TO EVERYONE.

AND WE MOVED

[3.c. Status of Labor Negotiations with APD and EMS (sponsors: Commissioner Webber and Bernhardt) 5:10pm -5:55pm]

TO OUR ITEMS. SEE THE STATUS OF LABOR NEGOTIATIONS WITH APD AND EMS. UH, SPEAKERS ARE LEE CRAWFORD FROM THE CITY OF AUSTIN LAW DEPARTMENT, 10 CASSIDY FROM THE APA SELENA, SHE FROM THE ASANA EMS ASSOCIATION AND CHRIS HARRIS FROM THE AUSTIN JUSTICE COALITION.

I DON'T THINK COME ON FORWARD, PLEASE.

YEAH.

GREAT.

THANKS.

HELLO.

HELLO.

THANK YOU FOR JOINING US.

ABSOLUTELY GOOD AFTERNOON COMMISSIONERS.

MY NAME IS LEE CRAWFORD.

I'M A WORK IN THE CITY ATTORNEY'S OFFICE AND I'M HERE TODAY.

I'VE BEEN ASKED TO PROVIDE A SHORT BRIEFING TO THE COMMISSION ON HOW THE CITY CONDUCTS ITS LABOR NEGOTIATIONS WITH THE ASSOCIATIONS THAT REPRESENT OUR PUBLIC SAFETY EMPLOYEES.

AND I WILL SAY THAT I THINK THE COMMISSION'S REQUEST FOR THIS BRIEFING IS REALLY SPOT ON IN TERMS OF TIMING, BECAUSE AS YOU KNOW, WE ARE CURRENTLY IN NEGOTIATIONS WITH THE, UM, UH, THE EMS EMPLOYEES ASSOCIATION, AND WE'LL BE BEGINNING OUR NEGOTIATIONS WITH THE POLICE EMPLOYEES ASSOCIATION NEXT WEEK.

I THINK WE HAVE THE NEGOTIATIONS WITH OUR, UM, UH, FIRE EMPLOYEES, UH, ASSOCIATION STARTING IN APRIL OF THIS YEAR.

COULD YOU GO AHEAD AND PUSH TO THE NEXT SLIDE, PLEASE? MY PURPOSE THIS AFTERNOON IS, IS ESSENTIALLY TO PROVIDE YOU WITH A BACKGROUND AND KIND OF A FRAMEWORK FOR KIND OF THE LEGAL ENVIRONMENT IN WHICH THE CITY CONDUCTS ITS LABOR NEGOTIATIONS WITH OUR EMPLOYEE ASSOCIATIONS, WHICH MIGHT BE KIND OF A HELPFUL PIECE OF BACKGROUND FOR THE COMMISSION MEMBERS WHO HAVEN'T BEEN THROUGH ONE OF THESE NEGOTIATING CYCLES IN THE PAST.

AND I WOULD START HERE WITH THE KIND OF THE FUNDAMENTAL PROPOSITION IN TEXAS STATE LAW THAT, UH, LOCAL EMPLOYERS, LOCAL GOVERNMENT EMPLOYERS, LIKE THE CITY OF AUSTIN ARE IN GENERAL PROHIBITED FROM ENTERING INTO LABOR CONTRACTS WITH ASSOCIATIONS OR UNIONS THAT REPRESENT THE MUNICIPAL EMPLOYEES.

NOW, THE IMPORTANT THING TO UNDERSTAND IS THAT THERE ARE A COUPLE OF EXCEPTIONS TO THAT GENERAL RULE, BUT FOR INSTANCE, THAT'S WHY ONE OF THE REASONS WHY WE PROBABLY DON'T SEE ANY LABOR CONTRACT WITH, FOR INSTANCE, THE ASTHMA UNION, EVEN THOUGH A NUMBER OF CITY EMPLOYEES ARE MEMBERS OF THAT ORGANIZATION, BUT THERE ARE SPECIFIC EXCEPTIONS IN STATE LAW THAT DO ALLOW THE CITY TO HAVE LABOR CONTRACTS AND LABOR NEGOTIATIONS WITH EMPLOYEES FOR OUR PUBLIC SAFETY GROUPS.

WE HAVE TWO DIFFERENT TYPES OF LABOR NEGOTIATIONS AND LABOR BARGAINING THAT THE CITY PARTICIPATES IN.

ONE IS CALLED MEET AND CONFER BARGAINING.

AND WE ENGAGE IN THAT TYPE OF BARGAINING WITH OUR SWORN POLICE AND EMS EMPLOYEES.

UH, THERE'S THE OTHER TYPE IS CALLED COLLECTIVE BARGAINING.

AND I'LL UNPACK THESE VERY, VERY BRIEFLY FOR YOU MEET AND CONFER.

BARGAINING IS A, UH, IS A PROCESS THAT'S PERMITTED BY A PARTICULAR PART OF THE STATE CIVIL SERVICE LAW.

SO THIS IS SPECIFICALLY AUTHORIZED AND STATE LAW AND MEET AND CONFER BARGAINING.

THE CORE IDEA THERE IS THAT IT IS, IT IS ENTIRELY A CONSENSUAL PROCESS BY WHICH I MEAN TO SAY THAT NEITHER THE ASSOCIATION NOR THE CITY IS REQUIRED TO BARGAIN AT ALL.

NEITHER PARTY IS REQUIRED TO MAKE ANY SPECIFIC PROPOSAL ON ANY GIVEN TERM.

EITHER PARTIES REQUIRED TO AGREE TO ANYTHING.

SO IT'S ENTIRELY CONSENSUAL HOW THE PARTIES COME TOGETHER TO BARGAIN IN A MEET AND CONFER CONTEXT.

BUT AS I SAY, THE, UH, THE CITY, UH, HAS THE AUTHORIZATION UNDER THAT PART OF THE CIVIL SERVICE STATUTE TO ENGAGE IN THAT KIND OF LABOR CONTRACT NEGOTIATION WITH THE ASSOCIATIONS FOR OUR POLICE AND EMS EMPLOYEES.

A CORE IDEA HERE TOO, WITH THIS TYPE OF MEET AND CONFER BARGAINING IS THAT BY AGREEMENT, THE ASSOCIATION AND THE CITY CAN ACTUALLY VARY OR SUPERSEDE CERTAIN PROVISIONS IN OUR STATE CIVIL SERVICE LAWS, PARTICULARLY THE ONES THAT COVER HIRING PROMOTIONS, SOME TYPES OF COMPENSATION AND THE DISCIPLINARY PROCESS.

AND THEN THERE'S SOME MISCELLANEOUS PROVISIONS AS WELL.

BUT THE CORE IDEA IS THAT ALTHOUGH THE CITY WITHOUT A LABOR CONTRACT WOULD BE REQUIRED TO COMPLY STRICTLY WITH THE STATE CIVIL SERVICE LAW, THROUGH OUR MEET AND CONFER LABOR CONTRACTS, THE PARTIES WERE ABLE TO MODIFY THOSE PROVISIONS IN THE STATE CIVIL SERVICE STATUTE.

THE OTHER TYPE OF BARGAINING THAT THE CITY DOES.

AND I'LL TOUCH ON THIS JUST BRIEFLY BECAUSE WE DON'T HAVE FIRE COMING UP FOR A FEW MONTHS NOW IS COLLECTIVE BARGAINING BY CONTRAST AND MEET AND CONFER COLLECTIVE BARGAINING TAKES PLACE UNDER A SEPARATE PART OF STATE LAW.

IT'S THE STATE COLLECTIVE BARGAINING STATUTE IN THE LOCAL GOVERNMENT CODE.

THE CORE DIFFERENCES THAT IN A COLLECTIVE BARGAINING, THERE IS AN AFFIRMATIVE DUTY OBLIGATION

[01:10:01]

OF EACH OF THE PARTIES TO BARGAIN COLLECTIVELY IN GOOD FAITH OVER ESSENTIALLY WAGES, HOURS AND WORKING CONDITIONS, AND TO REDUCE ANY AGREEMENT THAT THE PARTIES DO REACH, UH, TO, UM, A WRITTEN CONTRACT, THE STATE COLLECTIVE BARGAINING STATUTE, UNLIKE THE MEET AND CONFER STATUTE ALSO PROVIDES KIND OF A DISPUTE RESOLUTION PROVISION SO THAT IF THE, UH, THE PARTIES ARE UNABLE TO REACH AN AGREEMENT IN A COLLECTIVE BARGAINING CONTEXT LIKE WE HAVE WITH OUR FIREFIGHTERS ASSOCIATION, THE STATUTE PROVIDES SOME REMEDIES, INCLUDING MEDIATION, ARBITRATION AND ACTION, AND ULTIMATELY A JUDICIAL IMPOSITION OF, UH, EMPLOYMENT TERMS IN THAT FIRE CONTRACT SETTING.

I WILL SAY THE PARTIES SITTING IN THE NDA AFA HAVE NEVER GOTTEN TO THAT POINT.

WE'VE ALWAYS BEEN SUCCESSFUL IN REACHING A CONTRACT UP UNTIL NOW, SIMILAR THOUGH, TO THE MEET AND CONFER STATUTE UNDER THE COLLECTIVE BARGAINING STATUTE, THE ASSOCIATION AND THE CITY ARE ALSO ABLE TO VARY SOME OF THOSE PROVISIONS IN THE STATE CIVIL SERVICE LAW ON HIRING PROMOTION COMPENSATION AND DISCIPLINARY PRACTICES, WHICH THE PARTIES HISTORICALLY HAVE DONE IN OUR CONTRACTS TO, UH, TO KIND OF SMOOTH OUT HOW THOSE PROCESSES WORK AND MAKE THEM FIT BETTER FOR OUR CITY CULTURE.

SO THAT'S A LITTLE PRIMMER ON THE TWO TYPES OF BARGAINING THAT THE CITY ENGAGES IN AND, AND WHAT YOU'LL SEE, AND WHAT YOU'VE PROBABLY OBSERVED ALREADY IS THAT AS A PRACTICAL MATTER, THE CITY'S BARGAINING PROCESSES HAVE HISTORICALLY BEEN THE SAME, WHETHER YOU'RE TALKING ABOUT MEET AND CONFER, OR YOU'RE TALKING ABOUT COLLECTIVE BARGAINING, WE TYPICALLY PREPARE FOR AND CONDUCT THE BARGAINING THE SAME, REGARDLESS OF WHAT TYPE OF BARGAINING IT IS NOW, AS I MENTIONED, YOU HAVE, THE CONTRACTS ARE ALL UP FOR NEGOTIATION THIS YEAR, ALL THREE OF OUR CURRENT LABOR CONTRACTS ARE SET TO EXPIRE AT THE END OF SEPTEMBER OF THIS YEAR.

UM, AND SO AS IN, IN, AND TYPICALLY IN OUR TYPICAL FASHION, THE PARTIES ARE ALREADY PREPARING FOR, OR ACTUALLY ENGAGED IN THE CASE OF EMS, UH, IN CONTRACT NEGOTIATIONS.

SO TYPICALLY WE'LL HAVE THE NEW CONTRACT FINISHED, UH, AND RATIFIED AND APPROVED BEFORE THE CURRENT CONTRACT EXPIRES.

UH, AND I'VE PUT UP HERE ON THE SLIDE, JUST SOME, UH, SOME LANGUAGE ABOUT HOW THE, IF THE PARTIES DON'T REACH AGREEMENT BY THE TIME THE CURRENT CONTRACT EXPIRES, THERE ARE PROVISIONS IN THE AGREEMENTS THAT ALLOW THE CONTRACT TO EXTEND FOR A PERIOD OF TIME WHILE THERE'S BARGAINING GOING ON THE PRIMARY DIFFERENCE BEING IN THE CASE OF, UH, THE POLICE CONTRACT, UH, THE, THE CONTRACT SORT OF EXTENDS AUTOMATICALLY.

AND IN THE CASE OF THE, UH, THE EMS CONTRACT, UH, AND THE FIRE CONTRACTS, UH, THOSE REQUIRE KIND OF A JOINT AGREEMENT OF THE PARTIES AT THE BARGAINING TABLE.

SO AUSTIN, IF YOU COULD MOVE ME TO THE NEXT SLIDE, THEN, ARE WE SEEING IT ON THE SCREEN? WE WERE THERE.

I KNOW WE WERE THERE.

I THOUGHT I SAW IT.

THERE IT IS.

SO YEAH, IF YOU COULD MOVE ME, THERE WE GO.

PERFECT.

THANK YOU, ADAM.

SO, UH, THIS SLIDE JUST BASICALLY KIND OF WALKS US THROUGH WHAT THE STEPS ARE IN THE, IN THE BARGAINING PROCESS.

AND, AND I'M NOT REALLY HERE TO TALK ABOUT THE BARGAINING PROPOSALS THAT MIGHT BE UNDER NEGOTIATION NOW WITH EMS, OR IT MIGHT BE COMING UP WITH POLICE OR FIRE.

I REALLY WANT TO MAKE SURE THAT THE COMMISSION HAS AN UNDERSTANDING OF KIND OF HOW THE PROCESS WORKS OVERALL.

AND AS YOU CAN SEE FROM THE SLIDE, IT'S, YOU KNOW, IT'S FAIRLY STRAIGHTFORWARD.

UH, THE, THE CONTRACT BARGAINING TYPICALLY TAKES A GOOD WHILE TO ACCOMPLISH, UH, SOUP TO NUTS.

AND I'D LIKE TO JUST MAKE SOME OBSERVATIONS ABOUT THE SEQUENTIAL STEPS THAT YOU SEE HERE ON THE SLIDES.

THE FIRST IS THAT, UM, THE PART OF THE PUBLIC NEGOTIATING SESSIONS THAT YOU SEE WHERE YOU HAVE THE, UH, THE ASSOCIATIONS NEGOTIATING TEAM AND THE CITY'S NEGOTIATING TEAMS SITTING DOWN ACROSS FROM ONE ANOTHER AT A TABLE AND DISCUSSING WAGES HOURS IN TERMS AND CONDITIONS OF EMPLOYMENT, THAT'S REALLY LIKE THE TIP OF THE ICEBERG.

UH, THERE IS A TREMENDOUS AMOUNT OF WORK THAT GOES ON BY BOTH THE ASSOCIATIONS AND OF COURSE THE MEMBERS OF THE ASSOCIATION AND THE CITY MANAGER'S TEAM, AND, UH, AND THE, UH, THE, OUR PUBLIC SAFETY DEPARTMENT LEADERSHIP, UM, TO TRY TO PULL TOGETHER THE BARGAINING PROPOSALS AND DETERMINE, YOU KNOW, WHAT'S THE BEST DIRECTION TO TAKE THOSE NEGOTIATIONS.

SO THAT'S WHY TYPICALLY WE START, UH, AT THE TIME THAT WE GET A NOTICE FROM THE ASSOCIATION THAT, UH, THAT THERE'S A DESIRE FOR BARGAINING, WHICH IS USUALLY MORE THAN SIX MONTHS PRIOR TO THE EXPIRATION OF THE CURRENT AGREEMENT.

AND THEN AS I SAY, THAT PREPARATION FOR BARGAINING STEPS AT REALLY, REALLY TAKES A LOT OF TIME AND A LOT OF EFFORT ON THE PARTS OF A LOT OF PEOPLE.

UM, UH, ANOTHER WORD ABOUT THE BARGAINING SESSIONS THEMSELVES.

WE DON'T DO THIS EVERY TIME, BUT OFTENTIMES, YOU KNOW, IF YOU HAVEN'T DONE IT IN A FEW BARGAINING CYCLES WHERE WE HAVE A NUMBER OF NEW MEMBERS OF THE NEGOTIATING TEAM FOR EITHER THE CITY'S TEAM OR THE ASSOCIATIONS BARGAINING TEAM WILL ENGAGE IN, IN SOME COLLABORATIVE WORK ON THE FRONT END OF THAT BARGAINING PROCESS, IT'S SOMETIMES CALLED A KIND OF INTEREST BASED BARGAINING

[01:15:01]

THAT HELPS KIND OF FORM BOTH SIDES AND IN THE NEGOTIATION INTO KIND OF A SINGLE TEAM DESIGNED TO REALLY KIND OF ADDRESS THE PROBLEMS, TO BE ABLE TO ARTICULATE WHAT THE PROBLEMS ARE FROM THAT SIZE PERSPECTIVE, AND LOOK FOR SOME COMMON GROUND TO TRY TO RESOLVE THEM.

AND THEN MAYBE THE FINAL POINT THAT I'D MAKE ABOUT THE BARGAINING PROCESS ITSELF IS THAT WHILE THE TEAMS AT THE BARGAINING TABLE ARE EMPOWERED TO MAKE AN AGREEMENT, THAT AGREEMENT THAT THEY MAKE IS ON A TENTATIVE BASIS.

AND TYPICALLY WHAT THEY'LL DO IS THEY'LL GO THROUGH SORT OF TERM BY TERM OR ARTICLE BY ARTICLE.

AND, UH, AND IF THEY CAN COME TO AN AGREEMENT ON WHAT THEY WANT THE WORDING FOR THAT ARTICLE TO BE, UH, THEY'LL WHAT THEY CALL TA IT OR SAY, THAT'S IT.

WE HAVE, WE'VE REACHED TEMPORARY AGREEMENT ON THAT TERM.

THEY'LL SET IT ASIDE.

THEY'LL GO TO THE NEXT, UH, TOPIC OF BARGAINING.

AND AT THE END OF THE DAY, IF THERE'S AN AGREEMENT, UH, WHAT WE'LL HAVE IS A WHOLE PILE OF TENTATIVE AGREEMENTS ON INDIVIDUAL ARTICLES, BUT THAT'S NOT THE CONTRACT BECAUSE UNDER THE LAW, BOTH FOR COLLECTIVE BARGAINING AND FOR MEET AND CONFER BARGAINING, IT'S THE ASSOCIATION ITSELF THROUGH A VOTE OF ITS MEMBERS AND THE CITY COUNCIL AS THE GOVERNING BODY FOR THE CITY THAT ACTUALLY GIVE EFFECT TO AND BREATHE LIFE INTO THE CONTRACT.

SO ONCE THE CONTRACT IS, IS, UH, UH, AGREED TO AT THE TABLE ON A TENTATIVE BASIS, THEN THE ASSOCIATION WILL PUT THE, THE CONTRACT PROPOSAL TO A VOTE OF ITS MEMBERS.

AND THEN THE CITY COUNCIL WILL TAKE UP THE CONTRACT AND VOTE ON IT UP OR DOWN.

IT'S NOT A KIND OF A LINE ITEM VETO SITUATION, BUT YOU, YOU VOTE ON THE ENTIRE CONTRACT AS APPROVED BY THE BARGAINING TEAMS. AND ONCE IT'S APPROVED BY THE MEMBERSHIP THROUGH A VOTE OF THE MEMBERS, AND ALSO BY THE CITY COUNCIL AS THE GOVERNING BODY, THEN IT BECOMES EFFECTIVE.

AND THAT IN SUMMARY IS KIND OF HOW THE NEGOTIATION PROCESS ITSELF WORKS.

UM, I DON'T KNOW THAT THERE'S A LOT MORE I CAN SAY ABOUT IT, BUT IF YOU HAVE ANY QUESTIONS OR COMMENTS, I'M, I'M, I'M HERE AND HAPPY TO ADDRESS THEM.

GREAT.

THANK YOU VERY MUCH, MR. CRAWFORD.

UM, IF WE CAN MINIMIZE THE SCREEN, SO, UH, THE POWERPOINTS, WE CAN SEE WHO'S ONLINE AND I'LL STEP BACK, BUT I'LL BE HERE IF YOU NEED ME.

GREAT.

THANK YOU.

UM, ANY QUESTIONS MR. CRAWFORD, BEFORE WE, UM, TAKEN ANY OTHER PRESENTATIONS? UM, OKAY.

I THINK WE'RE GOOD.

THANK YOU VERY MUCH.

DO WE HAVE ALL OF OUR OTHER SPEAKERS AVAILABLE? I THINK THEY'RE ALL THERE.

AND TASTIC, UM, COMMISSIONER WEBER, AS YOU WERE, I THINK YOU WERE THE, YES.

YOU AND BERNHARDT WERE THE KEY ON THIS.

UH, WHO WOULD YOU LIKE TO SPEAK FIRST? HOW DO YOU WANT TO, HOW DO YOU WANT TO TAKE IT? UM, I, WE WOULD JUST LOVE TO HEAR FROM THE ASSOCIATIONS AND WHAT THEY'RE ASKING FOR, AND I, YOU KNOW, IF, IF THEY'RE ALLOWED TO TELL US, UH, YOU KNOW, WHAT THEIR GOALS ARE, UH, SILLY, AND I SEE YOU ON CAMERA FIRST, YOU, YOU CAN GO AHEAD AND GO.

THANK YOU ALL SO MUCH FOR HAVING ME.

UM, I JUST WANTED TO, UM, USE THIS OPPORTUNITY TO GIVE YOU ALL A BRIEF UPDATE ON WHERE WE ARE IN BARGAINING.

UM, WE STARTED BARGAINING NO DECEMBER 1ST.

UM, SO WE'VE BEEN BARGAINING FOR A MONTH AND A HALF NOW.

UM, WE HOPE TO WRAP UP BY THE MIDDLE OF FEBRUARY.

UM, THE POLICE ASSOCIATION HAS STARTING IN FEBRUARY AND THEN THE FIRE ASSOCIATION WILL START, UM, IN A FEW MONTHS.

AND SO IT KEEPS THE PLATE RELATIVELY LIGHT FOR, UM, LABOR RELATIONS OFFICE, AS FAR AS WE'RE CONCERNED, WE'VE BASICALLY FINISHED.

UM, OUR CONTRACT CURRENTLY HAS 25 ARTICLES.

WE DON'T ANTICIPATING ADDING ANY, UM, ARTICLES AND WE HAVE FOR THE MOST PART AGREEMENT ON 18 OF THOSE ARTICLES.

AND SO, SO FAR WE'VE COVERED THINGS LIKE DISCIPLINE, UM, DRUG TESTING, UM, AND, UH, ASSOCIATION DUES AND ALL SORTS OF OTHER THINGS.

AND SO WE'VE BASICALLY FINISHED WRAPPING UP EVERYTHING.

THE LAST THING THAT WE HAVE LEFT IS WAGES.

UM, SO OUR TOTAL BENEFITS AND WAGES PACKAGE, AND THEN ALSO LOOKING AT HIRING, UM, AND PROMOTIONS AND ALL OF THOSE ISSUES ARE KIND OF WRAPPED UP TOGETHER, UM, THIS WEEK BECAUSE, UM, WE RECOGNIZE, AND THE CITY RECOGNIZES THAT THE NEED IS SO GREAT.

UM, BECAUSE WE'RE SHORT 120 STAFF MEMBERS OUT OF A POSSIBLE 600.

SO WE'RE 20% SHORT, UM, BECAUSE OMICRON HAS DECIMATED, UM, OUR MEDICS AND WE SEE THAT WE CANNOT EVEN RUN ALL THE AMBULANCES THAT WE'RE SUPPOSED TO, UM, THAT THE CITY HAS AGREED TO DO INTEREST BASED BARGAINING SPECIFICALLY ON SOME OF OUR OVERTIME CONCERNS AND ALSO ON WAGES.

AND SO THAT'S WHAT WE'LL BE DOING THIS WEEK, AND HOPEFULLY WE'LL BE ABLE TO COME TO AN AGREEMENT IN THE NEXT FEW WEEKS ON THE REST OF THE, ON EVERYTHING ELSE.

THANK YOU VERY MUCH.

ANY QUESTIONS FOR SELENA? GO AHEAD,

[01:20:01]

COMMISSIONER WEBBER.

SO I GUESS LIKE WHAT'S BEEN REPORTED AND THE AUSTIN, I THINK IS THAT Y'ALL MADE A PRESENTATION ASKING FOR A DIFFERENT WAGE PACKAGE AND THAT WAS REJECTED.

SO I'M INTERESTED TO HEAR ABOUT HOW IT'S LIKE BACK ON THE TABLE.

AND ALSO IF YOU COULD, WILL YOU PLEASE TELL US, UM, WHAT IT WAS YOU ASKED FOR THAT THE CITY PROJECTED? YEAH.

SO IN OUR WASTE PROPOSAL, WE REALLY WANTED OUR MEDICS TO START AT $27 AN HOUR.

UM, WE SEE THAT THE CITY OF AUSTIN IS CURRENTLY PAYING OTHER EMT IS $25 AN HOUR TO WORK AT THE ISOLATION FACILITIES.

UM, IF YOU DO A BASIC EMT SEARCH IN AUSTIN, YOU CAN EASILY SEE THAT HOSPITALS ARE HIRING DMTS BECAUSE NURSES ARE MAKING SO MUCH MONEY DOING THESE TRAVEL CONTRACTS.

UM, AND SO A LOT OF NURSES HAVE LEFT BEDSIDE.

UM, AND SO THEY'VE ACTUALLY STARTED HIRING PARAMEDICS, ST.

DAVID'S IS HIRING PARAMEDICS.

SETON IS GOING TO START HIRING PARAMEDICS AGAIN, UM, AND, AND EMT BASICS.

AND SO, UM, YOU KNOW, WE'RE, WE REALLY ARE ASKING FOR SOMETHING THAT IS COMMENSURATE WITH THE AUSTIN MARKET FOR PARAMEDICS.

UM, AND THAT'S A BIG INCREASE FROM 1937, WHICH IS WHERE OUR, UM, PARAMEDICS START RIGHT NOW.

UM, AND THAT IS REALLY, REALLY HARD TO LIVE ON.

I MEAN, I CAN'T TELL YOU THE NUMBER OF MESSAGES THAT I'VE RECEIVED.

UM, IN THE LAST COUPLE OF MONTHS, YOU KNOW, ONE MEDIC TOLD ME THAT HE'S BEEN, UM, BUSTING HIS BUTT FOR THE LAST YEAR, AND HE DIDN'T EVEN CLEAR 60,000 AND HE HAS MULTIPLE KIDS THAT HE HAS TO HELP TAKE CARE OF.

UM, AND THAT'S WORKING, UM, HIS OVERTIME, YOU KNOW, AN EXTRA 24 HOUR SHIFT, UM, EVERY OTHER WEEK OR SO.

AND SO IT IS JUST BECOMING IMPOSSIBLE FOR OUR MEDICS TO AFFORD, TO CONTINUE WORKING FOR US.

UM, WE ALSO SEE IN A LOT OF DIFFERENT FIELDS IN HEALTHCARE, UM, AND IN LABOR, SIMILAR TO EMS, WE JUST SEE THOSE WAGES RISING DRAMATICALLY, AND OUR DEPARTMENT WILL NOT BE ABLE TO KEEP UP, UM, IN OUR CURRENT CLASS, UM, OF, OF MEDICS, WE HAVE, I BELIEVE 13, WE WANTED TO GET A CLASS OF 30.

UM, SO WE CAN'T EVEN FILL THESE SPOTS AT THE WAGES THAT WE'RE OFFERING.

UM, AND OUR NEXT CLASS THAT STARTS IN MARCH.

UM, WE WANT 30 AND IT'S 22 PEOPLE.

UM, AND SO YOU HEARD FROM THE FIRE DEPARTMENT EARLIER.

I MEAN, THEY HAVE A HUNDREDS AND HUNDREDS OF QUALIFIED PEOPLE THAT ARE WILLING TO WORK FOR THE FIRE DEPARTMENT, AND WE CAN'T EVEN FILL THE CLASS OF 30.

UM, AND THAT'S HAPPENED TWICE NOW.

AND SO WE JUST KNOW THAT WE CANNOT KEEP UP WITH THE NUMBER OF PEOPLE THAT ARE LEAVING, UM, AUSTIN, TRAVIS COUNTY EMS WITH THE WAGES WHERE THEY ARE.

UM, AND SO WE ARE ASKING FOR A DRAMATIC INCREASE.

I MEAN, IF YOU WANT TO LOOK AT IT ONE WAY, WE ARE ASKING FOR PARODY WITH POLICE AND FIRE FOR THEIR ANNUAL SALARIES.

I MEAN, THEY MAKE DRAMATICALLY MORE, OVER 10 YEARS, YOU CAN MAKE A HUNDRED THOUSAND DOLLARS MORE BEING A POLICE OFFICER OR A FIREFIGHTER.

UM, AND SO WE'RE TRYING TO GET ANYWHERE CLOSE TO WHAT THE MARKET IS FOR A PARAMEDIC IN AUSTIN.

UM, AND BASICALLY WHAT HAPPENED IS THE CITY, UM, JUST TOLD US THAT THE PROPOSAL WAS TOO EXPENSIVE.

THEY DID NOT PROVIDE US HOW THEY GOT TO THAT CALCULATION.

UM, AND SO WE DON'T ACTUALLY KNOW IF IT INCLUDES WHAT ALL IT INCLUDES, HONESTLY.

UM, AND TRADITIONALLY IN BARGAINING, WE PROVIDE A PROPOSAL AND THEN THEY PROVIDE A COUNTER PROPOSAL.

UM, AND WE HAVE NOT SEEN ANY COUNTER PROPOSAL FROM THEM.

WE'VE JUST HEARD NO FROM THEM.

UM, SO, YOU KNOW, WE'RE, WE'RE JUST MOSTLY WAITING TO SEE A COUNTER PROPOSAL FROM THE CITY.

THANK YOU.

UM, IN THE INTEREST OF MAKING SURE EVERYONE HAS ADEQUATE TIME, I'M GOING TO MOVE OVER TO KEN CASSIDY FROM, UH, THE APA.

AND SO IF YOU WOULDN'T MIND JUST STAYING PUT JUST IN CASE WE HAVE ANY QUESTIONS FOR YOU AT THE END.

THANK YOU.

SURE.

CAN, CAN YOU GO HERE? THERE YOU GO.

HELLO COMMISSIONERS.

HOW ARE YOU? GOOD.

THANK YOU.

THANK YOU FOR JOINING US.

THANK YOU FOR HAVING ME, UM, ON THE LABOR FRONT, UH, AS FAR AS BEING ABLE TO PROVIDE STAFFING, WE'RE OVER 200 OFFICERS SHORT RIGHT NOW.

UM, WE, UH, ARE ABOUT TO GRADUATE IN ACADEMY THAT STARTED OUT WITH, UH, A BELIEVER OVER A HUNDRED OFFICERS SEARCH CADETS.

AND I BELIEVE RIGHT NOW, WE'RE SITTING AT AROUND 70, UH, GRADUATING.

SO EVEN THOUGH WE HAD A, UM, A RE-IMAGINED CLASS AND WORKING WITH CURL AND WORKING WITH, UH, DR.

CRINGING, UH, ONE OF THE BIG CRITICISMS COULD BEEN THAT WE WERE LOSING TOO MANY OFFICERS.

WELL, NOW THAT WE'RE UNDER THE NEW PROCESS, WE'VE LOST JUSTICE MONEY.

SO THOSE ARE SOME CHALLENGES THAT WE HAVE GOING FORWARD.

A LOT OF THEM HAD TO DO WITH COVID AND MEDICAL TYPE ISSUES, BUT, UH, YOU KNOW, WE HAVE A CLASS STARTING IN MARCH LATE MARCH THAT'S SHOULD HAVE A HUNDRED IN IT, BUT IT LOOKS RIGHT

[01:25:01]

NOW FROM WHAT WE'RE HEARING.

IT'LL PROBABLY JUST HAVE BETWEEN 60 AND 70 PEOPLE INSTEAD OF A HUNDRED.

UH, WE'RE ALSO TRYING TO HIRE A MODIFIED CLASS, UH, WITH 50 OFFICERS FROM AROUND THE STATE THAT ARE ALREADY POLICE OFFICERS, WHERE THEY CAN COME IN AND DO A SHORTER VERSION OF THE POLICE ACADEMY.

SO THAT'S KIND OF WHERE WE'RE AT WITH STAFFING.

UH, I CONTINUALLY WORK MYSELF, UH, DOWNTOWN AND, AND OTHER AREAS OF TOWN, UH, BACKFILLING PATROL.

UH, IT'S NOT UNCOMMON TO SHOW UP TO WORK OVERTIME ON A 10 PERSON SHIFT, AND I'D BE THE THIRD OR FOURTH PERSON ON THE SHIFT.

UH, WHEN, UH, WE'RE, WE'RE NOT MEETING OUR MINIMUM STAFFING, UH, ABOUT 90% OF THE TIME.

UH, AS FAR AS BARGAINING GOES, WE START OUT IN A FEW WEEKS.

UM, I WILL NOT BE PARTICIPATING.

I'VE BEEN ON, UH, 17 SINCE I'VE BEEN, UH, UH, IN THE DEPARTMENT AND WITH THE ASSOCIATION, UH, WITH, UPON A TANK, A LOT OF, YOU KNOW, TANK, UH, UH, MELANIE RODRIGUEZ AND JOE SWAN AND THOMASVILLE AROUND WE'LL BE LEADING THE TEAM.

UH, I'VE STEPPED ASIDE, UH, UH, WITH ALL THE ISSUES THAT WE HAD WITH THE LAST CONTRACT.

I FELT LIKE IT WAS BEST THAT I NOT PARTICIPATE, UH, IN THIS CONTRACT AND LET THE YOUNGER OFFICERS TAKE OVER, UM, THEY'RE, UH, THEY CONCERNS RIGHT NOW, OR, OR OF COURSE THE SHORT STAFFING.

UM, AND YES, UH, SELENA TOUCHED ON IT.

WE ARE PAID AT A HIGHER LEVEL, UH, THAN THE PARAMEDICS.

UH, BUT I CAN TELL YOU THAT, UH, UH, EVEN WITH WHAT WE'RE BEING PAID, A LOT OF OUR OFFICERS ARE, ARE STRUGGLING IN THE YOUNGER RANKS, UH, TO BE ABLE TO AFFORD TO LIVE IN AUSTIN.

SO THAT IS AN ISSUE.

AND THEN OF COURSE, UH, UH, THE OFFICE OF POLICE OVERSIGHT AND, UH, UH, THE, UH, UH, MONITOR'S OFFICE, UH, WILL BE ALWAYS, ALWAYS AS A HOT BUTTON ISSUE.

UM, AND, UH, FROM WHAT I'M HEARING FROM THE CITY SIDE, AND I KNOW THEY'RE POSSIBLY LOOKING AT TAKING, UH, THE COUNTER, I'M SORRY, THE, UH, OFFICE OF POLICE OVERSIGHT OUT OF THE CONTRACT.

UM, THERE, YOU KNOW, THAT BRINGS A WHOLE NEW SET OF, OF ISSUES THAT WE'D NEED TO DISCUSS, BUT, UH, YOU KNOW, WE'VE NEVER BEEN SHY ABOUT TALKING ABOUT IT.

WE'RE WILLING TO LISTEN TO WHAT THE CITY AND, AND A LOT OF THE ACTIVISTS HAVE TO SAY THAT ARE INVOLVED IN THIS PROCESS.

UH, SO WE'RE, WE'RE COMING INTO IT WITH AN OPEN MIND AND, UH, HOPEFULLY, HOPEFULLY WE CAN COME TO SOME TYPE OF AN AGREEMENT BY THE END OF THE YEAR, AT LEAST, UH, BY MARCH OF 2023.

UH, DOES ANYBODY HAVE ANY QUESTIONS? OKAY.

ANY QUESTIONS COMMISSIONERS FOR MR. CASSADY? UH, COMMISSIONER BARNHART, GO AHEAD.

UM, THANK YOU FOR THAT, MR. CASSIDY, UM, WHAT WOULD IT MEAN TO TAKE THE OFFICE OF POLICE MONITORING OUT OF, YOU KNOW, I D I THINK THAT'S TO BE SEEN.

I MEAN, I HATE TO GIVE YOU THAT ANSWER, BUT, UM, YOU KNOW, THE CITY ATTORNEYS, I THINK BELIEVE, UH, THE OFFICE OF POLICE OVERSIGHT CAN FUNCTION IN A CERTAIN WAY OUTSIDE OF THE CONTRACT.

UH, OUR ATTORNEYS, UH, DON'T BELIEVE THAT, UH, THERE WAS GOING TO BE A LAWSUIT.

THERE WERE ACTUALLY WAS A LAWSUIT OVER THE ISSUE WHEN WE FELL OUT OF CONTRACT.

UH, AND WE ACTUALLY WON THE FIRST LEVEL, UH, IN PRIVATES COUNTY DISTRICT COURT.

AND IT WAS SENT TO THE APPEALS COURT, BUT IN BETWEEN THAT TIME, UH, WE WERE ABLE TO COME UP WITH A SUCCESSOR AGREEMENT.

SO WE DROPPED THAT LAWSUIT.

SO, UM, NO ONE REALLY KNOWS BECAUSE IT'S NEVER BEEN CHALLENGED BEFORE.

UM, YOU HAVE, UH, EUSTON AND DALLAS THAT HAVE OVERSIGHT OUT OF THE CONTRACT, BUT THEY DON'T HAVE ANY OF THE CAPABILITIES THAT OUR OFFICE OF POLICE OVERSIGHT DOES.

AND WHEN I SAY THAT NOW THEY DON'T PARTICIPATE IN INVESTIGATIONS.

UM, THE OPO IS IN EVERY INTERVIEW THAT OUR I, UH, DETECTIVES, UH, DO, UM, THAT'S UNHEARD OF IN ANY OTHER CITY.

UH, I KNOW CHRIS HARRIS WOULD PROBABLY TELL YOU SOMETHING DIFFERENT, BUT, UH, OUR CONTRACT IS FAR SUPERIOR TO ANYONE IN THE STATE OF TEXAS.

AND, UH, THE OVERSIGHT IS MINIMAL ON THESE OTHER DEPARTMENTS AND, UH, WE'RE PROUD OF OUR CONTRACT.

WE'RE PROUD OF THE WORK WE'VE DONE OVER THE YEARS, WORKING WITH THE NAACP AND ALSO THE LENDER.

AND THEN WE'RE ACTUALLY WORKING WITH CHRIS AND CHAZ AND ON THE LAST CONTRACT, NO, THAT THEY FELT LIKE THAT WAS A, A HUGE SUCCESS WHEN, UM, YOU KNOW, THEY TRAVELED THE COUNTRY AND TOUTED, UM, HOW THEY CHANGED OUR CONTRACT FOR THE BETTER, WHICH I AGREE THAT DID, UM, SOME OF THE STUFF THAT WAS SAID, YOU KNOW, I DON'T NECESSARILY AGREE WITH, BUT, UH, I KNOW THEY SAW GREAT IMPROVEMENT IN IT.

AND, UH, I THINK IT'S JUST THIS TO BE SEEN, UH, WHAT THIS LOOKS LIKE AN ELITE CRAWFORD AND HIS ATTORNEYS, UH, WOULD PROBABLY GIVE A DIFFERENT OPINION THAN MY ATTORNEYS.

UH, SO WE'RE JUST GOING TO HAVE TO HAVE TO FIND OUT WHAT THAT LOOKS LIKE.

[01:30:02]

THANKS VERY MUCH.

COMMISSIONER WEBER, GO AHEAD.

I WAS WONDERING, UM, BOX, IF YOU COULD TELL US ABOUT THE RECENT GRIEVANCE THAT Y'ALL WON, UM, AND HOW THAT MIGHT AFFECT YOUR POSITION IN BARGAINING.

UM, YOU KNOW, IT, UH, IT GOT US BACK, UH, COMMISSIONER TO WHERE, UM, UH, THOUGHT WE HAD BARGAINED FOR AND WHAT THE OFFICERS AND THE CHIEF, UH, PAID BARGAIN FOR.

UM, THERE WERE CERTAIN ISSUES THAT WE'RE HAVING, UM, THAT INVOLVED, UM, BASICALLY INVESTIGATIVE PRACTICES BEING DONE BY THE OFFICE OF POLICE OVERSIGHT.

UH, THEY FELT LIKE THEY HAD THE CAPABILITY TO DO THE THINGS THAT THEY WERE DOING.

WE DID.

AND WE BROUGHT THESE ISSUES TO THE CITY MANAGER PROBABLY MORE THAN TWO YEARS AGO.

AND IT TOOK THAT LONG TO GET IN FRONT OF A, AN ARBITRATOR, UM, SEVERAL PEOPLE FROM THE CHIEF'S OFFICE, INTERNAL AFFAIRS, UM, MYSELF THOMASVILLE AROUND MY VICE PRESIDENT.

UM, THE ARBITRATOR DEVIN DECIDE IT WAS THE OFFICE OR THE POLICE MONITOR AT ONE TIME TESTIFIED ON WHAT THEY FELT LIKE THEY HAD BARGAINED FOR.

UH, AND THE ARBITRATOR ENDED UP, UH, YOU KNOW, RULING, UM, ON EVERY ISSUE THAT WE BROUGHT UP IN OUR FAVOR.

UH, I STARTED, THERE ARE LOTS OF CHANGES GOING ON RIGHT NOW AT INTERNAL AFFAIRS ON REWRITING POLICIES, UH, THAT CHIEF GAY CHIEF MANLEY HAD PLACED INTO EFFECT.

AND NOW THOSE ARE BEING REVERSED.

UM, I THANK, UM, TO BE QUITE HONEST WITH YOU, UM, WE HAD, UH, SOMEONE IN HIGH LEVEL MANAGEMENT OF APD THAT WAS, UH, JUST TRYING TO SATISFY AND NOT MAKE, UH, THE OFFICE OF POLICE OVERSIGHT ANGRY AND MAYBE ALLOWED SOME THINGS PROBABLY SHOULDN'T HAVE BEEN IN THAT.

THAT'S HOW WE GOT TO WHERE WE WENT.

AND NOW WE HAVE CHIEF JACOME AND WE HAVE CHIEF OF STAFF, UH, ROBIN HENDERSON THAT, UH, YOU KNOW, HOLD US TO TASK AND THEY, UH, DEMAND EXCELLENCE, BUT THEY WILL ALSO DEMAND EXCELLENCE AND DEMAND THAT FARRAH AND THE OFFICER POLICE OVERSIGHT FUNCTION IN A WAY THEY, UH, WERE AGREED TO, UH, TO OPERATE.

SO IT'S, UH, YOU KNOW, I THINK IT WILL HELP OUT.

I KIND OF GAVE A CLEAR LINE OF DEMARCATION ON WHERE WE'RE AT AND THE CITY KNOWS WHAT THEY NEED, AND WE KNOW WHERE WE'RE AT, BUT, UH, IF YOU HAD TO ASK ME TODAY, I STILL FEEL LIKE IT NEEDS TO BE ON THE CONTRACT, BUT THEN IT'S TOTALLY UP TO THE CITY COUNCIL AND, AND TO, UH, UH, CITY MANAGER CRUNK ON WHERE THEY WANT TO GO.

UH, BUT, UH, I THINK, UH, MR. CRAWFORD OR, UH, DEVIN DECIDE, I COULD PROBABLY OFFER YOU A LITTLE BIT MORE INSIGHT INTO THAT AGREEMENT AND ALSO TO THE RULING OF THE ARBITRATOR.

UM, UH, DEVIN IS A VERY EXPERIENCED, HE'S AN ATTORNEY, UM, AND HE CAN GIVE YOU HIS VERSION OF WHAT HE THINKS THAT MEANS.

UH, BUT IN NO WAY, CAN I PUT WORDS IN HIS MOUTH AND I WOULDN'T WANT TO DO THAT.

ANY OTHER QUESTIONS? GREAT.

THANK YOU, MR. CASSIDY, IF YOU CAN HOLD ON FOR A MINUTE ON THE LINE, JUST IN CASE THERE'S ANY QUESTIONS AS WE WRAP UP.

THANK YOU VERY MUCH.

AND, UH, LAST SPEAKER IS CHRIS HARRIS.

MR. HARRIS, ARE YOU THERE? HI THERE.

GOOD TO SEE YOU AGAIN, LONG TIME TO SEE.

YES, IT'S BEEN A MINUTE.

IT'S GOOD TO SEE YOU TOO.

UM, WELL, UH, I WANT TO THANK YOU ALL SO MUCH FOR HAVING ME.

UM, FIRSTLY, I'LL JUST SAY A LITTLE BIT OF BACKGROUND I THINK IS REALLY USEFUL.

UH, AND I'M HERE PRIMARILY AND SOLELY TO SPEAK AS IT RELATES TO, UM, THE, THE UPCOMING NEGOTIATIONS WITH THE AUSTIN POLICE ASSOCIATION AND NOT THE OTHER, UM, UM, PUBLIC SAFETY ASSOCIATIONS.

UM, SO BASICALLY STATE LAW, UH, FORMS THE BACKBONE OF, UH, UH, OF WHAT GOES ON, UH, AS IT RELATES TO, UM, THE AGREEMENT.

IT, IT REALLY CREATES THE FLOOR, UH, FOR, UM, FOR WHAT'S BARGAINED FOR, UM, AND BECAUSE OF REALLY POLICE ASSOCIATION, UH, CAPTURE OF OUR STATE LEGISLATURE, UM, AS YOU MIGHT EXPECT, UH, IT'S A REALLY LOW FLOOR, UH, WHEN, IN TERMS OF THE ISSUES THAT OUR ORGANIZATION CARES ABOUT IN TERMS OF ACCOUNTABILITY, TRANSPARENCY, AND OVERSIGHT, AND, AND WHAT A MEET AND CONFER AGREEMENT ALLOWS IS IT ALLOWS THE CITY, UH, ANY CITY, INCLUDING THE CITY OF BOSTON TO SUPERSEDE THAT STATE LAW, UH, TO, TO BASICALLY TO, TO, TO NOT FOLLOW IT, UH, IN THE INSTANCE THAT THERE IS AN AGREEMENT BETWEEN THE CITY AND THE RELEVANT, UH, ASSOCIATION.

AND SO THE DYNAMIC THAT PLAYS OUT

[01:35:01]

WITH THESE NEGOTIATIONS IS, IS A QUITE SIMPLE ONE.

AND IT, AND IT CAN BE SEEN MOST DIRECTLY IN THE VERY FIRST CONTRACT THAT WAS AGREED TO BACK IN 2001, WHICH IS THAT ULTIMATELY IT COMES DOWN TO A BARGAIN BETWEEN, UH, UH, UH, FOR OVERSIGHT, ACCOUNTABILITY, TRANSPARENCY, THE THINGS THAT THE COMMUNITY WANTS ON THIS SIDE IN ORDER TO HOPEFULLY DETER AND PREVENT, UH, UH, POLICE MISCONDUCT, TOTALITY, UM, AND MONEY ON THE OTHER SIDE.

RIGHT? SO, UH, WHAT WE HAD IN 2001, THE INITIAL AGREEMENT, THE VERY FIRST AGREEMENT BETWEEN THE AUSTIN POLICE ASSOCIATION AND THE CITY WAS THE INTRODUCTION OF, UH, SOME OF THE OVERSIGHT, UH, THAT WE STILL HAVE SOME LINEAGES OF TODAY.

I DID NOT EXIST BEFORE.

AND WHAT CAME ALONG WITH IT WAS MAYBE THE MOST SUBSTANTIAL WAYS THE POLICE ASSOCIATION HAS EVER SEEN IN ANY, IN ANY SORT OF AGREEMENT, UH, BEFORE, SINCE, UH, BLUES AROUND $40 MILLION.

SO, UH, WHAT HAPPENS IS THE CITY ASKED FOR THINGS THAT HELP MAKE SURE THAT THIS THE DEPARTMENT IS BETTER AND IN EXCHANGE, THE ASSOCIATION ASKED FOR MORE MONEY WHERE THEY CAN ACCEPT THOSE THINGS.

SO THAT'S THE DYNAMIC AT PLAY AND THE BROWN IN WHICH WE WALK WHEN WE TRY TO INFLUENCE, UH, THESE NEGOTIATIONS, UH, PARTICULARLY IN IT FROM A, FROM A PERSPECTIVE THAT'S NOT FOCUSED ENTIRELY ON THE ACTUAL PAY AND BENEFITS OF OFFICERS.

SO, UM, SO IT'S A VERY FRAUGHT, UH, FROM OUR PERSPECTIVE.

UM, BUT NONETHELESS, I'LL GO OVER SOME OF THE PRIMARY THINGS THAT WE SEE AS CONTINUING TO BE PROBLEMATIC.

UM, AND I WILL SAY THAT, YOU KNOW, OBVIOUSLY WE HAD, UM, YOU KNOW, WE FELT A LOT OF PRIDE ABOUT OUR ADVOCACY AROUND THE CONTRACT IN 2017.

UH, YOU KNOW, THE FIRST TIME THE CITY HAD EVER VOTED DOWN A CONTRACT, UH, WE SAW SUBSTANTIAL IMPROVEMENT, UH, IN THE 2018 AGREEMENT THAT WAS SUBSEQUENTLY REACHED.

UM, AND WE CONTINUE TO APPRECIATE SOME OF THE THINGS THAT WERE AGREED TO IN THAT, THAT SAID A FAIR NUMBER OF THE, SOME OF THE MORE SIGNIFICANT GAINS WERE LITERALLY JUST OVERTURNED IN THIS ARBITRATION DECISION THAT COMMISSIONER WEBER JUST MENTIONED.

AND THEREFORE THERE ISN'T A LOT OF SATISFACTION WITH THE CURRENT AGREEMENT, IN ADDITION TO THE OUTSTANDING ISSUES THAT WERE NEVER ADDRESSED BACK IN 20 17, 20 18, WE'VE NOW REINTRODUCED ISSUES THAT WE THOUGHT THAT WE HAD FIXED, OR AT LEAST HELP TAKE STEP FORWARDS ON.

SO, UM, REALLY QUICKLY, SOME OF OUR, YOU KNOW, SOME OF THE TOP LINE THINGS THAT WE REALLY POINT TO AS CONTINUING ISSUES, UH, WHEN WE LOOK AT THE PROMOTION PROCESS, UH, THIS PROCESS, WHICH IS CONTAINED IN ARTICLE 13 OF THE AGREEMENT, UM, IT, UH, SUBSCRIBES, IT ONLY INCLUDES, UH, HOW OFFICERS PERFORM ON TESTS, UH, ADMINISTERED, UH, THROUGH AN AGREED UPON PROCESS, THEIR LEVEL OF SENIORITY AND ANY OUTSIDER, UH, EDUCATION, ACHIEVEMENT ATTAINED.

UH, IT DOES NOT INCLUDE ANY CONSIDERATION OF MS, HAVE A HISTORY OF MISCONDUCT OR BRUTALITY BY AN OFFICER.

UM, AND SO, UM, YOU KNOW, IT IS, UH, SOLELY AT THE DISCRETION OF THE CHIEF TO USE A PROCESS CALLED PROMOTIONAL BYPASS, UH, IN ORDER TO TAKE THE PEOPLE WHO SCORE THE HIGHEST ON THE TEST AND SAY, NO, THEY CAN'T HAVE IT.

UH, WE'RE GOING TO MOVE DOWN THAT LIST, YOU ASK ASSOCIATION, AND THEY SAY THE CHIEF DOES IT ALL THE TIME, AND IT'S TOTALLY POLITICAL AND THEY SHOULDN'T DO IT.

UH, AND FROM OUR PERSPECTIVE, UH, WE'RE NOT SEEING IT.

AND WE UNDERSTAND THAT, YOU KNOW, UM, THAT THEY'RE, YOU KNOW, A LOT OF THE MISCONDUCT OR BRUTALITY THAT MAKES THE NEWS AND THAT WE HEAR ABOUT, UM, HAS GONE THROUGH MULTIPLE CHAINS OF COMMAND, RIGHT? INDIVIDUALS WHO SAW IT AND DIDN'T THINK ENOUGH OF IT, UH, TO DO ANYTHING ABOUT IT.

AND WE CAN ONLY ASSUME THAT THAT'S PARTLY ON THE BASIS THAT, YOU KNOW, THEY ESSENTIALLY ACTED IN A SIMILAR FASHION, PREVIOUS LEVELS OF THEIR EMPLOYMENT, AND THAT WAS NOT CONSIDERED A FACTOR AND THEY WERE PROMOTED ANYWAY.

UH, SO SIMILARLY, WHEN WE TALK ABOUT HIRING, PARTICULARLY HIRING EXISTING OFFICERS, UH, PEOPLE WHO ARE OFFICERS ELSEWHERE, UH, THERE IS NOTHING IN THE CONTRACT THAT STIPULATES THAT HISTORY OF MISCONDUCT OR BRUTALITY BE CONSIDERED IN THAT PROCESS.

UH, AND SO WE WOULD LIKE TO SEE THOSE THINGS FORMALLY INTRODUCED INTO THE METRICS THAT DETERMINE WHETHER OR NOT SOMEONE WHO'S ALREADY AN OFFICER, EITHER HERE OR SOMEWHERE ELSE CAN BECOME AN OFFICER HERE OR BE PROMOTED UP THE CHAIN.

UM, AND THIS SEEMS QUITE REASONABLE.

UH, I THINK SUBSEQUENTLY WE LOOK AT, UH, ARTICLE 17, SECTION FOUR, ACCESS TO RECORDS BY OFFICERS, OFFICERS WHO ARE SUBJECT TO AN INVESTIGATION, UH, GET TWO FULL DAYS, UH, BEFORE, UH, WITH ACCESS TO ANY AND ALL COMPLAINTS AGAINST THEM BEFORE THEY HAVE TO SPEAK TO AN INVESTIGATOR.

UM, AND SO WE JUST COMPARE THIS TO THE PROCESS THAT AN INDIVIDUAL MIGHT SEE, UH, IN A CRIMINAL CONTEXT.

NOW, OBVIOUSLY WHAT WE'RE TALKING ABOUT HERE IS NOT A CRIMINAL CONTEXT.

IT'S PURELY, UH, YOU KNOW, SUSPENSIONS, TERMINATIONS THAT ARE WHAT PEOPLE CAN SUFFER.

UM, BUT

[01:40:01]

YOU KNOW, IF, IF YOU ARE ACCUSED OF SOMETHING, UH, AND, AND THE POLICE COULDN'T TALK TO YOU FOR TWO DAYS, AND DURING THAT TWO DAYS, YOU WERE GIVEN ACCESS TO, UH, THE ALLEGATIONS AGAINST YOU, UH, IN REALLY ANY OTHER COUNTERARGUMENTS I MIGHT WANT TO MAKE ABOUT, UH, YOU KNOW, FACTUAL MISSTATEMENTS THAT YOU MAY HAVE MADE.

UM, AND ALSO YOU WERE GIVEN OUT EIGHT HOURS OF ACCESS TO, UH, ALL THE VIDEO VIDEO, UH, AND OTHER THINGS, UM, YOU KNOW, YOU COULD SEE HOW THAT MIGHT LIMIT THE ABILITY OF, UH, THE COURTS LAW ENFORCEMENT, ANYONE TO, UH, TO ACTUALLY FIND YOU CULPABLE FOR ANY SORT OF WRONGDOING.

SO, UH, TO US, THERE NEEDS TO BE SOME, UH, THERE'S A LOT OF CHANGES THAT NEED TO HAPPEN THERE, UH, PARTICULARLY JUST TO PREVENT PEOPLE FROM MAKING UP STORIES TO FIT THE EVIDENCE THAT EXISTS.

UM, THERE'S ALSO SO MANY RESTRICTIONS ON TRANSPARENCY WITHIN THE AGREEMENT.

UM, AND THIS, AGAIN, STEMS FROM STATE LAW.

UH, UH, WE HAVE PROVISION CHAPTER 1 43 OF THE LOCAL GOVERNMENT CODE, PARTICULARLY OH, 89 G SETS FORTH, UH, THE CONFIDENTIALITY OF PERSONNEL RECORDS.

UH, AND AGAIN, THIS FORMS THE FLOOR, RIGHT? THE FLOOR IS THAT EVERYTHING THAT GOES INTO AN OFFICER'S PERSONNEL FILE IS SECRET, CANNOT BE SHARED.

UM, AND THERE ARE SOME THINGS THAT THE CITY AND THE ASSOCIATION HAVE AGREED TO, TO, TO, TO MAKE PUBLIC, UM, MOVING FORWARD.

UM, BUT ON THE WHOLE IT'S, IT'S, UH, IT'S A FRACTION OF, OF, UH, OF WHAT IS ACTUALLY CONTAINED IN THESE.

UM, WHAT WE KNOW IS THAT IN OTHER PLACES AROUND THE COUNTRY, THE STATE OF ILLINOIS, THE STATE OF CALIFORNIA, UH, STATE OF NEW YORK, UH, WE'RE SEEING, UH, MORE OF THESE FILES, MORE OF THESE PERSONNEL RECORDS, PARTICULARLY AS IT RELATES TO MISCONDUCT, WHICH IS WHAT WE'RE CONCERNED ABOUT.

WHAT ARE THE ALLEGATIONS WERE THE INVESTIGATION MATERIALS OF BAHAMAS CONDUCT SAYING, UH, WE'RE SEEING THOSE BECOME PUBLIC, UH, IN, IN, IN LARGE SWATS AND THE WORLD ISN'T FALLING DOWN ON POLICING IT, ISN'T INTRODUCING A NEW, YOU KNOW, ISSUE OF, YOU KNOW, FALSE ALLEGATIONS, DESTROYING CAREERS AND THINGS LIKE THAT.

UH, THINGS THAT ARE OFTEN SAID TO PREVENT THAT SORT OF TRANSPARENCY.

AND SO WE WOULD LOVE TO SEE, UM, YOU KNOW, MORE INFORMATION ABOUT PARTICULARLY SUSTAINED, UH, UH, ISSUES OF MISCONDUCT, UH, UH, BECOME PUBLIC INVESTIGATION MATERIALS, YOU KNOW, ALL OF THE THINGS THAT HAPPEN, UM, SHOULD BE ACCESSIBLE TO THE PUBLIC.

AGAIN, THESE ARE PUBLIC VOICE.

UM, AND, AND THEN, UH, JUST TO FINISH UP WITH A COUPLE HERE, ANOTHER REALLY BIG ONE THAT WE TALKED ABOUT A LOT LAST TIME, WHICH WE MADE SOME STRIDES ON, BUT CONTINUES TO BE AN ISSUE FROM OUR UNDERSTANDING IS THE 180 DAY RULE.

SO THERE'S BASICALLY FOR ANY, UH, ANY MISCONDUCT IT'S, DOESN'T, ISN'T BEING TO RISE TO THE LEVEL OF A CRIMINAL COMPLAINT.

UH, THERE IS BASICALLY A SIX MONTH STATUTE OF LIMITATIONS FROM THE DATE OF THE INCIDENT, SO THAT AN OFFICER CAN NOT BE DISCIPLINED IF AN INCIDENT HAPPENED MORE THAN SIX MONTHS IN THE PAST.

OKAY.

SO THAT MEANS THAT THE ENTIRE INVESTIGATION, UH, AND THE DECISION TO, TO DO DISCIPLINE HAS TO OCCUR WITHIN THE 180 DAY WINDOW, UNLESS THE CHIEF SAYS THAT, UH, THEY JUST FOUND OUT ABOUT IT.

AND THEN AT WHICH POINT THEY GET ANOTHER SIX MONTHS, OR THE CHIEF SAYS THIS RISES TO THE LEVEL OF CRIMINAL ACTIVITY.

UH, AND THEREFORE I GET ANOTHER SIX MONTHS.

UH, BUT WHAT WE UNDERSTAND IS THAT, YOU KNOW, WE HAVE POLICE ENTIRELY CONTROL OF THE INVESTIGATION PROCESS.

AND THESE CAN TAKE A WHILE.

UM, WE KNOW THAT, UH, THESE SORT OF PROCEEDINGS ARE NECESSARILY HAPPEN REALLY QUICKLY.

UM, AND SO WE UNDERSTAND THAT OFFICERS DON'T WANT ISSUES HANGING OVER THEIR HEADS FOR YEARS AT A TIME.

UH, I GET THAT, UM, AT THE SAME TIME, THERE SHOULDN'T BE, UH, SUCH AN ARBITRARY DATE AT WHICH, UM, YOU KNOW, SOMEONE CANNOT FACE DISCIPLINE ANYMORE FOR A TRULY HARMFUL ACTS, PARTICULARLY WHEN WE KNOW THAT SOMETIMES PEOPLE DON'T COME FORWARD, UH, UH, FOR A PERIOD OF TIME, UH, BECAUSE OF THEIR OWN FEAR OR EMOTIONAL PROCESS OR WHATEVER IT MIGHT BE.

AND SO WE WOULD LOVE TO SEE, UM, YOU KNOW, UH, ADDITIONAL WAYS TO EXPAND OR EXTEND THIS WINDOW TO ENSURE THAT INVESTIGATIONS HAVE TIME TO PROCEED PROPERLY AND THOROUGHLY AND CAREFULLY.

UH, BUT THEN IF, IF ARM IS FOUND TO HAVE BEEN DONE THAT THERE CAN STILL BE RAMIFICATIONS FOR THAT.

AND THERE'S NO INCENTIVE TO JUST SLOW ROLL AN INVESTIGATION, UH, FOR INSTANCE, TO, TO PREVENT ANY SORT OF ACCOUNTABILITY FOR FROM OCCURRING.

UM, THERE'S CERTAINLY SOME OTHER THINGS THAT I COULD GO INTO, UH, BUT IN THE INTEREST OF TIME, I'LL, I'LL STOP THERE.

AND OBVIOUSLY, YOU KNOW, IF THERE'S ANY QUESTIONS OR COMMENTS, I'M HAPPY TO RESPOND AND THANKS AGAIN FOR THE TIME.

THANK YOU, MR. HARRIS, ANY QUESTIONS FOR MR. HARRIS COMMISSIONER BERNHARDT, PLEASE.

GO AHEAD.

[01:45:09]

YEAH, WE, WE CAN'T HEAR YOU COMMISSIONER BERNHARDT COMMISSIONER WEBER, IF YOU CAN, UH, GO AHEAD.

YEAH.

SO, UM, CHRIS, I WAS WONDERING, LIKE, COULD YOU GIVE US AN EXAMPLE AND I WAS TRYING TO THINK OF ONE WHILE YOU WERE TALKING, I DON'T MEAN TO PUT YOU ON THE SPOT, BUT OF A, OF A, OF AN ISSUE THAT IS GOING TO BE DISCUSSED AT THE COLLECTIVE BARGAINING TABLE WHERE THE UNION AND THE CITY OF AUSTIN, I E YOU KNOW, THE POLICE DEPARTMENTS MANAGEMENT AGREE ON SOMETHING, BUT THE CITIZENS OF AUSTIN'S INTERESTS AREN'T THEIRS.

AND I WONDER IF YOU COULD EXPLAIN HOW, LIKE, WHO WAS ADVOCATING FOR US AT YEAH.

I MEAN, I THINK THERE'S A FEW THINGS, RIGHT? SO, UM, YOU KNOW, THE TRANSPARENCY ONE IS A BIG ONE, RIGHT.

UM, IF THERE'S SUBSTANTIAL WRONGDOING FOUND, RIGHT.

AND, AND, YOU KNOW, DISCIPLINE IS, IS RENDERED IN A CASE, UH, IF THAT CASE CORRESPONDS WITH SOME SORT OF CIVIL RIGHTS VIOLATION, UH, TO THE PERSON WHO'S MADE THE COMPLAINT, UH, THE CITY WILL ULTIMATELY BE HELD LIABLE IN THAT, IN THAT, RIGHT.

AND THEN THE MONEY TO PAY, UH, ANY, ANY DAMAGES OR JUDGEMENTS, UH, TO THE DEFENDANT ARE GOING TO COME FROM THE CITY.

SO IT IS VERY MUCH NOT IN THE CITY'S INTEREST, ALWAYS TO, TO SEE, UH, SOME OF THESE ISSUES END UP, UH, IN DISCIPLINE, UH, INDEFINITELY TO END UP IN THE NEWS.

UM, YOU KNOW, I THINK OTHER ISSUES WHERE WE SEE, UM, UH, WE SEE, UH, THE CITY CHARTER WERE VOID, UH, APPEALS AND ARBITRATION, UH, AND, AND PAY FOR THE COST OF IT.

RIGHT? SO, UM, IT IT'S EXPENSIVE TO OWN AN ARBITRATION OR APPEALS PROCESS IF, UH, AN OFFICER DOESN'T LIKE THE DISCIPLINE THAT'S RENDERED AGAINST THEM.

AND SO THE CITY WILL SAY, WELL, WHAT WE'LL SAY IS IF YOU ONLY GET SUSPENDED THREE DAYS, UM, WE'LL LET YOU MAKE THAT A PAID SUSPENSION, IF YOU PROMISE NOT TO APPEAL, RIGHT.

UH, WE'LL LET YOU, UH, AND THAT INCLUDES ONE TO THREE DAYS, AND THERE'S EVEN, UH, OPTIONS FOR THAT UP TO 15 DAYS SUSPENSIONS.

SO, UH, THEY'LL SAY, YOU KNOW, LET'S, LET'S LET THE OFFICER USE THEIR OWN VACATION TIME, THEIR OWN HOLIDAY TIME TO PAY THEMSELVES SO THAT THEY'RE, THEY'RE NOT ACTUALLY ARMED, UH, UH, IN THE PROCESS OF THIS SUSPENSION, UH, EXCEPT FOR LOSING THOSE, THOSE DAYS WITH THE VACATION HOME TO NOT MENTION THAT.

BUT, BUT ULTIMATELY THEY GET PAID WHILE THEY'RE SUSPENDED.

UH, AND THE CITY IS FINE WITH THAT BECAUSE OFFICER'S AGREED NOT TO APPEAL, UH, AND THE CITY DOESN'T WANT TO GO THROUGH THE APPEALS PROCESS.

SO, YOU KNOW, UNFORTUNATELY, YOU KNOW, IN INSTANCES LIKE THIS AND FOR THE TOPICS LIKE THIS, IT IS UP TO US, UH, AND UP TO THE COMMUNITIES, UH, AND, AND COMMUNITY GROUPS TO, TO, YOU KNOW, TRY TO, UH, RAISE THESE ISSUES AND MAKE SURE THAT PEOPLE UNDERSTAND AND THAT OUR COUNCIL MEMBERS UNDERSTAND, UH, THAT IT'S IMPORTANT.

UM, AND, YOU KNOW, I THINK IT'S THE LAST THING I DIDN'T MENTION WITH, BECAUSE IT WAS COVERED IN THE, IN THE, IN THE CONVERSATION ABOUT THE REASON ARBITRATION LOSS FOR THE CITY ABOUT OVERSIGHT IS ALL THE RESTRICTIONS ON THE OVERSIGHT OFFICES, RIGHT.

UM, IN PARTICULARLY ON, ON THEIR ABILITY TO DO ANY FORM OF WHAT'S CALLED INVESTIGATING, UH, YOU KNOW, UH, THEY CAN'T COLLECT EVIDENCE OF ANY KIND, UH, THE PEOPLE WHO ARE CIVILIANS, WHO ARE NOT SITTING STAFF THAT PARTICIPATE IN THE PANEL HAVE EXORBITANT RESTRICTIONS ON HOW LONG THEY HAVE ACCESS TO INFORMATION.

AND OF COURSE THE RECOMMENDATIONS THEY MAKE, UH, YOU KNOW, ARE IMPORTANT, BUT THEY DON'T HAVE ANY ACTUAL IMPACT ON ANY DISCIPLINARY DECISIONS.

SO THERE'S A WHOLE ARTICLE 16, WHICH IS JUST A LIST OF RESTRICTIONS, BASICALLY ON ANY PERSON.

WHO'S NOT A SWORN OFFICER, UH, TO DO ANYTHING ABOUT ANY FORM OF MISCONDUCT, UH, THAT MIGHT'VE BEEN COMMITTED.

THANK YOU, MR. HARRIS.

UM, WE HAVE ABOUT FOUR MORE MINUTES.

UM, I WILL OPEN IT UP TO ANY OTHER QUESTIONS OF ANY OF THE SPEAKERS, OR IF YOU HAVE QUESTIONS FOR MR. HARRIS, WE CAN KEEP ON THAT AS WELL.

GO AHEAD, COMMISSIONER WEBER, JUST FOR THOSE WATCHING AT HOME, THIS VERY INTERESTING DISCUSSION.

HOW CAN PEOPLE WATCH THE BARGAINING? HOW CAN REGULAR PEOPLE LEARN WHAT'S GOING ON AT THE BARGAINING TABLE, SELENA OR KEN? DO YOU GUYS KNOW THE ANSWER TO THAT? MAYBE LEE CANCER THAT OR MR. CRAWFORD? I CAN.

OKAY, GO AHEAD.

GO AHEAD, KEN.

YEAH.

UH, THEY CAN WATCH IT ONLINE,

[01:50:01]

UH, JUST ON THE ATX N UH, AND THERE'S OTHER, UH, WEBSITES HAVE BEEN GO-TO TO WATCH IT.

UH, I KNOW I'VE WATCHED SOME OF, UH, SALINAS AND EMS IS, UH, SO, UH, THERE ARE WAYS YOU CAN DO IT, UM, OR, YOU KNOW, THEY'RE MORE THAN WELCOME TO COME IF THEY'D HAVE TIME TO SHOW UP AND, AND WATCHING, UH, CHRIS IS VERY ACTIVE IN DOING THAT AND PARTICIPATING IN THE PROCESS.

UH, SO IF YOU WANT TO JUST COME AND WATCH IT IN PERSON, UH, PROBABLY LIKE WATCHING PAINT DRY, BUT IT IS A, IT'S A LONG PROCESS, BUT IT IS AVAILABLE ON TV TO WATCH.

UM, WE, THEY SAID THAT THEY CANNOT USE ATX THEN FOR OUR BARGAINING.

AND SO WE'VE BEEN USING, UM, UH, CITY OF AUSTIN YOUTUBE PAGE.

UM, SO IT'S NOT BEEN SHOWING ON, UM, ATX M IT'S ONLY BEEN SHOWING ON THIS YOUTUBE PAGE.

UM, WE DETERMINED, UM, AT THE BEGINNING BECAUSE OF COVID THAT WE WOULD NOT ALLOW PEOPLE TO COME INTO THE ROOM.

UM, AND IN THE PAST TWO WEEKS, BECAUSE OF OMICRON, WE SWITCHED TO VIRTUAL.

AND SO EVERYBODY, UM, IS, IS IN THAT YOUTUBE PAGE.

UM, AND I DON'T THINK PROBABLY FOR THE REST OF OUR BRIGHTENING THAT, UH, WE'LL GO BACK IN PERSON.

THANK YOU VERY MUCH.

ALL RIGHT.

THANK YOU ALL FOR YOUR PARTICIPATION.

WE APPRECIATE IT.

AND THANK YOU FOR THE UPDATES, WONDERFUL

[4. Future Agenda Items 5:55-6:00pm]

ONTO OUR LAST AGENDA ITEM.

THAT IS FUTURE AGENDA ITEMS. I HAVE ALREADY WRITTEN DOWN, UM, A POTENTIAL RESOLUTION ON METRICS AND MEASUREMENT AROUND FOR APD AROUND SB 69, AS ONE OF THE THINGS WE TALKED ABOUT EARLIER, ANYONE ELSE HAVE ANY FUTURE AGENDA ITEMS? I'D LOVE TO HEAR FROM THE, UM, FROM THE CITY MANAGER'S OFFICE, AT SOME POINT ON SOME OF THE DECISION-MAKING THEY'RE MAKING, I'M PUSHING BACK ON THESE REQUESTS FROM THE PUBLIC SAFETY FOLKS.

IF THEY'RE GONNA WAIT FOR US TO TALK TO THEM ABOUT THEIR CHOICES OF HOW THEY DECIDE TO APPROVE OR NOT APPROVE SOMEBODY THAT ASKS, OKAY, ANYONE ELSE? UH, VICE-CHAIR RAMIREZ, GO AHEAD.

JUST, UH, I'M ASSUMING WE'RE GOING TO GET AN EMS CHIEF SELECTION SOON.

UM, I'D LIKE TO HEAR MORE ON THAT.

OKAY.

ANYONE ELSE? OKAY.

UM, AND WITH THAT, I NEED A MOTION TO ADJOURN, AND THEN WE NEED TO DO A ROLL CALL FOR ADJOURNMENT AS WELL.

SO MOVED.

I'M SORRY.

WHO WAS THAT? REBECCA WEBER.

THANK YOU.

CAN I GET A SECOND, SECOND, JOHN CARICOM.

THANK YOU, MR. KIRA COUGH.

ALL RIGHT.

LET'S START FROM THE TOP.

VICE-CHAIR RAMIREZ.

I SHOULD HAVE A MARRIAGE.

DID YOU HEAR ME? YES.

THANK YOU.

SORRY.

I THOUGHT YOU HEARD ME IT'S ALL RIGHT.

COMMISSIONER HODGSON FLOOD.

YES.

COMMISSIONER AUSTIN.

YES.

COMMISSIONER LEWIS.

OH, YOU'RE I GOT YOU.

YOU CAN'T UNMUTE CAN MEAN THAT WAS A THUMBS UP.

YES.

FROM COMMISSIONER LEWIS.

UH, COMMISSIONER LANE.

YES.

COMMISSIONER SIERRA OUT OF ALLAH.

I THINK WE MIGHT'VE LOST HIM.

COMMISSIONER BERNHARDT.

THUMBS UP.

YES.

FROM YOU AS WELL.

CAUSE THE MUTE PERFECT.

AND COMMISSIONER HALL MARTIN.

YES.

AND A YES FOR ME.

WE ARE SO ADJOURNED.

THANK YOU.

OUR NEXT MEETING IS VERY SOON ON FEBRUARY 7TH, BACK TO THE FOUR O'CLOCK TIME.

THANK YOU VERY MUCH FOR YOUR PARTICIPATION.

AND WE WILL SEE YOU IN A COUPLE OF WEEKS.

THANK YOU CHAIR.

FOR BEING IN PERSON.