[00:00:01]
SO WITH THAT,[CALL TO ORDER]
YAY.UM, SO WITH THAT, I CALL THE DECEMBER 4TH PUBLIC SAFETY COMMISSION MEETING TO ORDER.
UM, I'M FIRST GONNA CALL ROLL.
UM, COMMISSIONER RUTAN PRESENT.
COMMISSIONER ORR IS NOT PRESENT.
COMMISSIONER HALL MARTIN HERE, COMMISSIONER KIKO WILL NO LONGER BE WITH US.
HE, UM, IS STEPPING DOWN FROM HIS SEAT AND WILL BE FILLING THAT WITH THE NEW COMMISSIONER.
COMMISSIONER BERNHARDT, IF WE COULD JUST STAY ON THE LOOKOUT FOR HER.
SHE WILL BE A LITTLE LATE, BUT WE'RE HOPING SHE CAN DIAL IN BEFORE FOUR 30.
[PUBLIC COMMUNICATION: GENERAL]
UM, DO WE HAVE ANY PUBLIC COMMUNICATION? YES.OKAY, MR. SO IN CARLOS LEONE, FIRST AND FOREMOST, GRAS FOR LETTING ME SPEAK AGAINST CAT METRO EVIL, THREATENING OUR PUBLIC SAFETY DETAILS IN FRONT OF YOU AND ONLINE.
OLDER FEMALE KRUGER, KAREN, FEMINIST FILTH CAT, METRO BUS DRIVERS, THE MAJORITY OF WHOM ARE BLACK LIKE OPERATOR 3 0 6 0 9 0 CONTINUE TARGETING ME, ABUSING THEIR OFFICIAL CAPACITY TO TRY CONFUSING AND CONTROLLING ME TO E FEMINATE AND EMASCULATE ME TO GASLIGHT AND DOMINATE ME.
TO MAKE ME WAIT ON ACCOMMODATE AND SERVE THEM, THOUGH THEY ARE LEGALLY BOUND TO WAIT ON, ACCOMMODATE AND SERVE ME BECAUSE THEY'RE PUBLIC SERVANTS PER TEXAS PENAL CODE 1.07 A 41 A, NOT STOPPING AT MY STOP TO NOT BOARD OR EXIT ME WHERE I CHOOSE, TRYING TO MAKE ME BORED, SIT AND EXIT HOW AND WHERE THEY WANT.
IF THEY DO STOP TRYING TO MAKE ME ANSWER THEIR UNNECESSARY QUESTIONS, DELAYING OR REFUSING SERVICE WHEN I DO NOT ALLOW THEM TO BULLY ME.
NOT FOLLOWING CAP METRO POLICY AND PROCEDURE OR THE LAW MAKING UP AND TRYING TO ENFORCE OVERLY RESTRICTIVE ILLEGAL RULES, TRYING TO SEPARATE ME FROM MY GEAR, TRYING TO PROJECT THEIR CRIMINAL BEHAVIOR ONTO ME, TRYING TO FORCE UNWANTED PERSONAL INTERACTIONS ON ME WHEN THEY'RE ON DUTY UNDER COLOR OF UNIFORM, TRYING TO PAY FOR MY BUS RIDE AND THEIR BLATANT INCESSANT LYING EXEMPLIFY THEIR ABUSIVE KENYAN OBAMA CROOKED HILLARY PSYCH WARFARE POWER CONTROL TACTICS.
ALL WRONG FOR PUBLIC TRANSPORTATION, CAT METRO COMPLAINTS ARE SENT, BUT GUILTY DRIVER'S BEHAVIOR DOES NOT CHANGE AND THEY ARE NOT FIRED.
CAT METRO SUPERVISORS, LIKE OLDER, MIDDLE EASTERN MALE SUPERVISOR, T 57 ACT SIMILARLY WRONGLY BACKING GUILTY DRIVER'S, CRIMINALITY AND ALLEGEDLY CONSPIRING WITH THEM TO OPPRESS MY FREE EXERCISE OF PUBLIC TRANSPORTATION USAGE WITH INTENT TO PREVENT OR HINDER THAT RIGHT SECURED BY THE 14TH AMENDMENT THAT VIOLATES TITLE 18 US CODE 2 41 PUNISHABLE BY FINE IMPRISONMENT OR BOTH IF PROSECUTED.
THEREFORE, PUBLIC SAFETY COMMISSION FACILITATE A TRANSPARENT TOP TO BOTTOM AUDIT AND REVISION OF CAP METRO POLICY TRAINING.
PRACTICE AND ACCOUNTABILITY LIKE YOU'VE DONE AND ARE DOING WITH A PD, LIKE THE OFFICE OF POLICE OVERSIGHT AND EMPOWERED INDEPENDENT OFFICE OF CAP METRO OVERSIGHT IS BADLY NEEDED AND LONG OVERDUE IN VIA METRO TRANSIT V MEC, THE TEXAS SUPREME COURT RULED THAT METRO RAPID TRANSIT AUTHORITIES LIKE CAP METRO ARE COMMON CARRIERS REQUIRED TO EXERCISE A HIGH DEGREE OF CARE FOR THEIR PASSENGERS TO ACT AS A VERY CAUTIOUS, COMPETENT, AND PRUDENT PERSON WOULD ACT.
CAT METRO EVIL SAYS AND DOES THE EXACT OPPOSITE, WHICH IS WHY PRESIDENT TRUMP, OUR TRUE PRESIDENT, MUST BE BACK IN THE WHITE HOUSE TO DEFEAT THIS EVIL AND DESTROY ITS EARTH.
AND WITH THAT, WE WILL MOVE ON TO
[APPROVAL OF MINUTES]
THE APPROVAL OF MINUTES.I DON'T THINK WE HAVE ANYONE ELSE CORRECT, MS. JACKSON? OKAY.
WE'LL MOVE ON WITH THE APPROVAL OF MINUTES.
I BELIEVE WE GOT THOSE IN OUR EMAIL.
DID EVERYONE HAVE A CHANCE TO TAKE A LOOK AT THOSE? OKAY.
[00:05:01]
WE HAVE ANY CHANGES? OKAY.CAN I GET A MOTION? MOTION TO AND A SECOND.
AND WITH THAT, WE WILL TAKE A VOTE.
COMMISSIONER HALL, MARTIN? YES.
AND I WILL BE A YES AS WELL, SO WE CAN ACTUALLY APPROVE THESE THINGS.
UM, AND THEN NEXT WE, OH, JUST A REMINDER THAT, UM, IN OUR BACKUP, WE KEEP, UM, UM, END OF STAFF BRIEFINGS.
IT'S A REFERENCE TO JUST, UM, FOLLOW UP RESPONSES FROM PREVIOUS MEETINGS IN WRITING THAT WE HAVE.
THOSE ARE POSTED TO OUR BACKUP.
WE HAD SOME QUESTIONS AROUND FIRE, I THINK, LAST TIME.
AND SO THOSE ARE ON OUR BACKUP FOR ANYBODY TO REFERENCE AND LOOK UP IF THEY NEED THAT.
UM, AND WITH THAT, WE'LL MOVE ON
[3. Public Safety Quarterly Report – Austin Travis County EMS (Sponsors: Commissioners Ramírez and Bernhardt)]
TO THE EMS QUARTERLY REPORT.AND AGAIN, UM, AS BACKUP, WE'VE SUBMITTED OUR INCIDENT REPORT, UM, JUST FOR REVIEW.
IF THERE ARE ANY QUESTIONS ABOUT THAT, WE CAN, UM, ANSWER THOSE AS WELL.
CAN YOU HEAR ME? IS IT GREEN? IT IS GREEN.
CAN Y'ALL NOT HEAR ME?
I ALWAYS HAVE THE PROBLEM WITH THE MICROPHONE
UM, ALL RIGHT, WHEN WE'RE READY.
UM, ALL RIGHT, FOR THIS FIRST SLIDE, UM, IS THE NEXT SLIDE, PLEASE.
FOR OUR CURRENT DEPARTMENT STAFFING, UM, OUR OVERALL VACANCY RATE FOR THE FOURTH QUARTER WAS 16.34.
UM, AGAIN, THE HIGHEST RATE OF VACANCIES IS THAT OUR FIELD CLINICAL SPECIALIST, UM, AS WELL AS OUR COMMS AND OUR, UH, COMM IS PROPORTIONATELY HIGHER THAN THAN MOST OF THE OTHERS.
UM, WE DID HAVE, UH, PRIOR TO THIS, OR IN THE MIDDLE OF THIS, WE DID HAVE OUR CONTRACT APPROVED, UM, WHICH HAD AN INCREASE IN BASE WAGES.
IT HAD SOME OTHER INCENTIVES FOR LATERAL HIRES.
SO WE ARE IN THE PROCESS OF SEEING, UM, WHAT A DIFFERENCES WE'LL MAKE IN IN FUTURE, UM, FOR THAT, UM, NEXT SLIDE PLEASE.
THIS IS OUR SEPARATIONS FOR THE ENTIRE FISCAL YEAR.
SINCE WE DID WIND UP THE FISCAL YEAR, WE HAD A TOTAL OF 47 SEPARATIONS DURING THE YEAR, WHICH IS DOWN FROM OUR PREVIOUS YEARS.
NINE OF THOSE WERE RETIREMENTS AND 38 WERE RESIGNATIONS.
UM, THE LARGEST NUMBER OF RESIGNATIONS COME FROM OUR ENTRY LEVEL, SO THAT'S IN THAT ONE TO THREE YEAR RANGE.
UM, AND THE REASON THAT PEOPLE LEAVE WITHIN THAT FROM OUR EXIT INFORMATION TENDS TO BE THEY GET OTHER JOBS OR THEY RETURN BACK TO FAMILY SYSTEMS THAT THEY HAD IF THEY CAME FROM OUT OF STATE, UM, OR THEY RETURNED TO SCHOOL.
THESE ARE FAIRLY YOUNG, UM, EMPLOYEES THAT ARE, ARE LOOKING ON TO FURTHER THEIR EDUCATION OR NEXT SLIDE, PLEASE.
UM, AND THIS IS A TENURE AS SEPARATION.
UM, AGAIN, WE, WE SEE, UH, MANY OF THESE IN THAT MEDIC FIELD, UM, POSITION.
SO THAT'S THAT ONE TO FIVE YEAR RANGE.
THAT'S BEEN OVER THE PAST YEAR.
AS YOU CAN SEE, AT THE END OF SEPTEMBER, WE WERE AT 15% FOR OUR SWORN STAFFING, UM, WHICH IS A SIGNIFICANT IMPROVEMENT OVER WHERE WE'VE BEEN OVER THE PAST YEARS.
NOW, I WILL HAVE TO PUT A LITTLE ASTERISK WITH THIS BECAUSE WHEN WE LOOK AT NEXT QUARTER, UM, WE'LL SEE AN INCREASE IN THAT VACANCY RATE BECAUSE WE GOT 18 NEW POSITIONS ADDED TO US.
SO THE VACANCY RATE WILL GO UP, UM, JUST BASED ON THE NUMBER OF POSITIONS THAT ARE ADDED TO THE COUNT WHENEVER WE CALCULATE THE VACANCY RATE.
UM, BUT WE DO FEEL LIKE WE'LL BE MAKING GOOD PROGRESS ON THAT.
UM, THERE'S AN ACADEMY GRADUATING IN A COUPLE OF WEEKS, DECEMBER 15TH.
UM, THERE'S 16 IN THAT ACADEMY, AND WE HAVE ANOTHER ONE STARTING IN JANUARY WITH ANOTHER 16.
AND THIS IS JUST ANOTHER REFLECTION OF THE TURNOVER RATE THAT OVER, UH, THE PAST SEVERAL MONTHS, WE SEE THAT IT IS, IT IS STILL DECLINING.
I KNOW THERE'S BEEN A LOT OF INTEREST IN THIS.
THIS IS AN OPIATE OVERDOSE, UH, GRAPH THAT WE'VE BEEN SHOWING ON THE OVERDOSE REPORTING TO 9 1 1 SINCE JULY OF 2018.
WE'VE DONE A PRESENTATION ON THIS OVER THE, I THINK IN THE PAST YEAR TO 18 MONTHS ON THIS THAT, UM, TALKED ABOUT THE SPIKE THAT WE STARTED SEEING WITHIN THE AUSTIN TRAVIS COUNTY AREA, UM, REALLY IN 2020.
AND THEN THROUGHOUT 21 AND 22, UM, FOR THREE YEARS, WE'VE BEEN DOING AN OPIOID USE DISORDER PROGRAM.
UM, AND THROUGH THAT WE'VE BRIDGED 450 PEOPLE TO THE MEDICATION ASSISTED TREATMENT.
[00:10:01]
UM, WE'VE ALSO DEVELOPED A NEW TRAINING IN ANTICIPATION OF THE INCREASE XYLAZINE USE.IF YOU'VE HEARD OF XYLAZINE IN THE NEWS, THIS IS, UM, PRETTY CONCERNING, UM, ILLICIT DRUG THAT'S ON THE MARKET.
NOW THAT, UH, WE'RE PREPARING FOR OUR NEXT SLIDE, PLEASE.
THIS AGAIN GOES BACK TO JULY OF 2018, AND IT, UM, DEPICTS THE OVERDOSE RESCUE KITS THAT HAVE BEEN USED DURING THAT TIME.
AND 55% OF NARCAN ADMINISTRATIONS, UM, ADMINISTERED PRIOR TO EMS ARRIVAL ARE DONE BY BYSTANDERS.
AND WE'RE AT AN ALL TIME HIGH WITH THAT.
YOU SEE THAT TICK AT THE VERY, UM, END OF THAT IN SEPTEMBER, THAT'S WHEN NARCAN BECAME AVAILABLE OVER THE COUNTER.
SO WE DID SEE MORE, UH, USE OF IT BY BYSTANDERS IN THE PUBLIC BEFORE WE ARRIVED.
UM, AND AGAIN, BASED ON, ON THAT, 20% OF THAT ADMINISTRATION COMES FROM THE POLICE DEPARTMENT AND ANOTHER 25% FROM THE AUSTIN FIRE DEPARTMENT PRIOR TO EMS ARRIVAL.
THERE'S BEEN SOME INTEREST IN COMPARING THE DATA OF WHERE WE ARE IN, IN, UH, AUSTIN COMPARED TO NATIONALLY.
UM, IN TERMS OF OVERDOSE DEATHS, THE BEST THAT WE CAN COMPARE RIGHT NOW IS IN TEXAS.
THIS COMES FROM THE TEXAS STATE DEPARTMENT OF HEALTH SERVICES WEBSITE, AND IS THE INFORMATION THAT'S REPORTED BY MEDICAL EXAMINERS AS CAUSE OF DEATH.
SO YOU'LL SEE THAT, UM, TRAVIS COUNTY OUTPACES, UH, MAJORITY OF TEXAS WITHIN THAT NEXT SLIDE.
THE LAST THING THAT I WANNA BRING UP IS OUR POP-UP RESOURCE CLINICS.
THIS IS, UH, ALSO SOMETHING THAT WE DID A HIGH LEVEL BRIEFING ON SEVERAL MONTHS AGO.
UM, THIS IS OUR COMMUNITY HEALTH PARAMEDICS AND INITIATIVE THAT THEY STARTED, UM, IN THE, A POPUP RESOURCE CLINIC IS BASICALLY, UM, MORE LIKE A, IF YOU COMPARE IT TO A HEALTH FAIR OR HEALTH EVENT LIKE THAT, THAT THEY DO IDENTIFY AREAS IN THE COMMUNITY WHERE THERE'S A, UM, A LARGE POPULATION OF, UM, PEOPLE EXPERIENCING HOMELESSNESS.
AND THERE ARE MANY DIFFERENT AGENCIES THAT COME TOGETHER TO BE AVAILABLE TO CONNECT PEOPLE WHO NEED THESE RESOURCES.
UH, SO WE'VE DONE NINE, UH, OVER THE PAST YEAR, OVER A THOUSAND INTERVENTIONS IN 2023.
AND WE DO HAVE SOME THAT SPECIALIZE IN WOMEN'S HEALTH SERVICES AS WELL.
UM, AND THEN THE POCKET PERKS ARE, ARE THINGS THAT ARE REALLY, UM, SPECIFIED TO A SPECIFIC GROUP.
UM, MAYBE THEY NEED A SPECIFIC HEALTH ISSUE.
MAYBE THEY NEED HOME, UM, HOUSING, UM, SOME SORT OF A RESOURCE LIKE THAT.
SO WE IDENTIFY NEEDS IN THAT COMMUNITY.
AND THEN AN INTERESTING THAT WE DID IN OCTOBER OF 2023 IS WE TRIED A TELE JUDGE PROGRAM.
SO THIS IS WITH DOWNTOWN COMMUNITY COURT, ONE OF THE BARRIERS FOR SOME OF THESE FOLKS TO GET INTO THESE RESOURCES THAT THEY NEEDED.
SO WE HAVE AN OUTSTANDING WARRANT.
UM, SO WHAT WE DID IS WE PARTNERED WITH DOWNTOWN COMMUNITY COURT.
UH, WE WERE ABLE TO GET PEOPLE IN FRONT OF A JUDGE, THEY COULD TAKE CARE OF THEIR WARRANT THERE AND ALSO GET, UH, PLUGGED INTO THE RESOURCES THAT THEY NEED.
UM, SO IT'S A PRETTY EXCITING PROGRAM FOR US, UM, BEING ABLE TO CONNECT PEOPLE TO RESOURCES THAT THEY NEED.
A LOT OF IT IS HOUSING, HEALTHCARE, UH, THERE'S EVEN VETERINARY SERVICES, UM, MANY THINGS LIKE THAT IN THAT.
SO, AND I BELIEVE THAT IS THE END OF THAT PRESENTATION.
AND IF, UM, IT'S AT ALL POSSIBLE, WE USUALLY HAVE THIS MONITOR THAT'S FACING US THAT, UM, IT MAKES IT SO THAT WE CAN SEE THE PRESENTATION ALSO.
SO I CAN SEE THE COMMISSIONERS THAT ARE ONLINE.
I DON'T KNOW IF WE CAN GET THAT ON, BUT THAT WOULD BE GREAT.
UM, DO WE HAVE ANY QUESTIONS? I'M LOOKING BEHIND ME FOR ONLINE COMMISSIONER HOLMES.
I DO NEED YOU TO HAVE YOUR CAMERA ON FOR THE DURATION OF THE MEETING.
DO WE HAVE ANY QUESTIONS FROM IN HERE? I, I HAVE A FEW.
UH, I, I, I LOVE THESE GRAPHS, BUT, UM, CLARIFYING ON, UH, SLIDE FIVE AND SLIDE SIX ABOUT, UM, RATES ARE I, I'M ASSUMING, BUT I DON'T WANNA ASSUME THOSE ARE IN PERCENTAGES, CORRECT? YES.
UH, I JUST ASKED IN THE FUTURE, IF WE CAN JUST HAVE THAT SO THAT THERE'S NOT THOSE ASSUMPTIONS OF LIKE, WHAT, WHAT DOES THAT 30 MEAN OR WHAT THAT 25 MEANS.
UM, AND THEN ALSO, UM, ONE OF THE THINGS I, I'D LIKE TO SEE IN THE FUTURE IS MAYBE LIKE FOR THE, THE OPIATE, UM, THE, THE OPIATE USAGE OR THE OPIATE OVERDOSE.
UH, IS IT POSSIBLE FOR Y'ALL TO HAVE HEAT MAPS OF WHERE THOSE ARE OCCURRING? MOST? DOES THAT EXIST? THERE ARE SOME IN, SOME, SOME VERY HIGH LEVEL WAYS THAT WE CAN DO.
UM, THERE IS, THERE'S NOT MUCH CHANGE WITHIN THAT.
SO ONCE WE, WE PRESENT THAT, IT'LL, IT'LL MAINTAIN MOSTLY FOR, FOR THAT.
THE REASON IS THERE, UM, WE WE'RE TRYING NOT TO IDENTIFY SPECIFIC PEOPLE, AND WE CAN GET DOWN TO THAT GRANULAR LEVEL.
SO WE DO KEEP IT FAIRLY HIGH LEVEL WHENEVER WE DO THE HEAT MAPS,
[00:15:01]
BUT YES, IT'S POSSIBLE TO DO THAT.UM, AND JUST TO FOLLOW UP TO THAT IS, UH, WITH THOSE HEAT MAPS, I'M WONDERING HOW INVOLVED ARE Y'ALL WITH COMMUNITY EDUCATION FOR OPIATE USE? UM, I, I HOPE TO COME BACK, UM, WITHIN THE NEXT QUARTER AND SPEAK TO YOU ABOUT A NEW EDUCATION PROGRAM THAT WE ARE ROLLING OUT ACTUALLY THIS WEEK.
UM, IT'S, IT'S PART OF A BREATHE NOW PROGRAM, IS WHAT IT'S CALLED.
IT'S PARTNERING WITH BUSINESSES AND, UH, COMMUNITY MEMBERS IN, IN AREAS THAT WE SEE A HIGH NEED.
SO I HOPE TO BE ABLE TO BRING A LOT MORE DETAILED INFORMATION, UM, TO THAT IN A FUTURE MEETING.
AND TO LINK THOSE TWO THINGS TOGETHER.
UH, I'M ALSO WONDERING IF UTILIZING THOSE COMMUNITY EDUCATION PROGRAMS, IF IT, IT'S POSSIBLE FOR US TO SEE HOW THOSE ARE AFFECTING THE COMMUNITY MM-HMM.
UM, OF THE PROGRAMS THAT WE HAVE CURRENTLY.
AND I JUST HAD A, A QUICK QUESTION ABOUT THE POP-UP RESOURCE CLINICS.
THE, THE TELE JUDGE, UM, IS AN EXCITING SORT OF DEVELOPMENT.
UM, DO YOU, DO YOU KNOW HOW MANY, HOW MANY PEOPLE YOU GUYS ROLLED THROUGH? LIKE HOW LONG WAS THE CLINIC? HOW MANY PEOPLE, LIKE, DO YOU HAVE ANY SENSE OF WHETHER OR NOT THAT CAN BE SCALED OR IN TERMS OF THE NUMBER OF PEOPLE? UM, I DID NOT BRING IT HOW MANY WE, WE'VE DONE THROUGH EACH ONE, BUT WE CAN CERTAINLY ADD THAT INTO WHAT WE REPORT OUT, IF THAT'S AN INTEREST FROM THE COMMISSION TO SEE JUST THE NUMBER OF PEOPLE SERVE, OR IF, IF THAT'S A BACKUP QUESTION THAT YOU WANT US TO, TO ADDRESS AS WELL.
UM, I CAN CERTAINLY GET YOU MORE DETAILS ABOUT, ABOUT WHAT THAT PROGRAM IS DOING.
JUST AS ALWAYS, JUST INTERESTED IN HOW THESE, THESE SMALL EFFORTS CAN BE SCALED TO SORT OF JUST MM-HMM.
DO WE HAVE ANY OTHER QUESTIONS? COMMISSIONER RUAN? UM, I THINK THE POPUP RESOURCES AND, YOU KNOW, INCREASING BYSTANDER USE OF NARCAN IS FANTASTIC.
IS THERE ANYTHING YOU NEED FROM US IN TERMS OF SUPPORT TO EXPAND OR TO BUILD ON ANY OF THOSE, UH, FOR THE OVERDOSE KITS? EITHER, EITHER OVERDOSE OR THE KIT EDUCATION? I KNOW YOU'RE GONNA TALK ABOUT THAT LATER, OR EXPANDING THE POPUP CLINICS.
IS THERE ANYTHING THAT YOU GUYS NEED FROM A SUPPORT STANDPOINT OR ADVOCACY ON TO BUILD THOSE WE, NOT THAT I'M AWARE OF AT THIS TIME.
UM, BUT AGAIN, I CAN, I CAN CERTAINLY BRING THAT, BRING THAT BACK.
I MEAN, IF THERE'S ANYTHING THAT, IF IT'S ANYTHING WE NEED, WE'D ALWAYS LIKE TO BE ABLE TO SEE WHAT WE CAN DO TO HELP OUT ON THOSE EFFORTS.
AND IF WE DON'T HAVE ANY MORE QUESTIONS ONLINE, I THINK WE WILL GO AHEAD AND MOVE ON.
[4. Discussion of Office of Police Oversight’s under new leadership, implementation of APOA and Resolution 99 with Equity Action and community leaders (Sponsors: Commissioners Ruttan and Ramirez)]
AND THEN WE ARE GONNA GO AHEAD AND MOVE ON TO ITEM NUMBER FOUR.UM, IF WE CAN HAVE THE OPO STAFF COMING UP.
I BELIEVE WE ALSO HAVE, UM, SOME PEOPLE FROM EQUITY ACTION THAT WOULD LIKE TO JOIN US IF YOU GUYS WANNA COME ON UP AND JOIN US.
AND SO WE'RE GONNA BE MEETING OUR NEW DIRECTOR AND ALSO JUST HEARING ABOUT THE IMPLEMENTATION OF THE A POA AND OF RESOLUTION 99, UM, TRYING TO DECIDE WHICH WAY TO START HERE.
GAIL, THANK YOU FOR JOINING US.
UM, GOOD EVENING COMMISSIONERS.
I AM THE DIRECTOR FOR THE OFFICE OF POLICE OVERSIGHT.
UH, THANK YOU AGAIN FOR HAVING US.
UH, THIS AFTERNOON I WILL BRIEFLY PROVIDE OPOS PROGRESS RELATED TO, UH, PROPOSITION, UH, A AS WELL AS RESOLUTION 99.
UM, BEFORE I GET STARTED, I'D LIKE TO PROVIDE SOMEWHAT OF AN OVERVIEW OF THE OFFICE OF POL, UH, POLICE OVERSIGHT FOR THOSE PERSONS WHO MAY NOT BE FAMILIAR WITH OUR OFFICE.
UM, THE OFFICE OF POLICE OVERSIGHT PROVIDES INDEPENDENT, IMPARTIAL OVERSIGHT OF THE AUSTIN POLICE DEPARTMENT.
OPO AND A PD ARE SEPARATE DEPARTMENTS WITHIN THE CITY OF AUSTIN, AND OPO IS STAFFED BY CIVILIAN EMPLOYEES.
WE HAVE THREE DIVISIONS, UM, THE COMPLAINTS DIVISION, THE POLICY AND RESEARCH DIVISION, AND THE COMMUNICATIONS AND, UH, COMMUNITY ENGAGEMENT DIVISION.
OUR COMPLAINTS DIVISION ACCEPT COMPLAINTS AND COMPLIMENTS ABOUT THE CONDUCT OF THE AUSTIN POLICE DEPARTMENT AND ITS OFFICERS.
UM, ANYONE MAY SUBMIT A COMPLAINT TO OUR OFFICE.
UM, THAT CAN COMPLAINT CAN BE SUBMITTED ONLINE, UM, VIA TELEPHONE, UH, US MAIL.
YOU CAN EMAIL, OR YOU CAN WALK INTO OUR OFFICE AND SUBMIT THOSE COMPLAINTS.
OUR POLICY AND RESEARCH, UM, DEPARTMENT CONDUCTS ACADEMIC LEAD LEGAL, QUALITATIVE AND QUANTITATIVE, UH, RESEARCH RELATED TO APDS POLICIES ON TRAINING IN OTHER AREAS
[00:20:01]
OF PUBLIC CONCERN.UH, COMMUNICATIONS AND COMMUNITY ENGAGEMENT DIVISION ARE OUR PROFESSIONALS WHO BRING THE WORK AND THE SERVICES OF THE OFFICE OF POLICE OVERSIGHT, UM, TO THE PUBLIC AND TO THE COMMUNITY.
UM, JUST FOR CONTEXT, I'VE, UM, I'D LIKE TO PROVIDE A TIMELINE OF HOW WE GOT HERE.
AND SO, ON FEBRUARY 23RD, THE CITY COUNCIL PASSED AN ORDINANCE ESTABLISHING OPOS AUTHORITY, UM, ON MAY 6TH, THE VOTERS APPROVED PROPOSITION A AND ON MAY 16TH, THE PROPOSITION WENT INTO EFFECT, AMEND AMENDING CITY COACH CHAPTER TWO 15.
ON SEPTEMBER 21ST, THE CITY COUNCIL ADOPTED RESOLUTION 99, AND THEN THERE WAS AN AGS OPINION ON THAT SAME DAY, UH, UH, ISSUES RELATED TO, UH, GFI MATERIAL.
AND THEN THERE WAS A SECOND OPINION ISSUED ON OCTOBER 18TH, ALSO RELATED TO GFI MATERIAL.
SO JUST WANTED TO PROVIDE A TIMELINE IN TERMS OF HOW WE GOT HERE.
SO, REGARDING THE IMPLEMENTATION OF PROP A AND RESOLUTION NINE, I WANNA JUST PROVIDE A DEFINITION OF WHAT I'LL BE DESCRIBING, UH, AS PROVISIONS THAT ARE IN COMPLIANCE.
AND THOSE PROVISIONS THAT ARE IN PROGRESS IN COMPLIANCE ARE THOSE PROVISIONS THAT ARE BEING FULLY IMPLEMENTED TO THE FULLEST EXTENT BY OUR OFFICE.
UM, AND IN PROGRESS ON THOSE WILL BE PROVISIONS THAT STILL REQUIRE ADDITIONAL RESOURCES, UM, TO IMPLEMENT FULLY.
SO, HERE'S A SUMMARY OF OUR PROGRESS.
UM, WE'VE MADE SIGNIFICANT PROGRESS IN IMPLEMENTING PROVISIONS OF, UH, RESOLUTION 99, AS WELL AS PROPOSITION A IN COLLABORATION WITH OUR INTERNAL PARTNERS.
UM, AS YOU CAN SEE FROM THE GRAPH, UH, WE ARE IN COMPLIANCE WITH 95% OF THE PROVISIONS OUTLINED IN RESOLUTION 99 AND 82% OF COMPLIANCE.
UM, RELATED TO THE PRO PROVISIONS OF PROPOSITION A, THERE ARE 20 PROVISIONS IN RESOLUTION.
99 19 OF THOSE PROVISIONS ARE BEING IMPLEMENTED.
THERE ARE 17 PROVISIONS IN PROP A AND 14 OF THOSE PROVISIONS ARE BEING IMPLEMENTED.
FULL IMPLEMENTATION WILL BE ACHIEVED AS WE WORK THROUGH SOME, UM, TECHNOLOGY RESOLUTIONS, UH, OR SOLUTIONS RATHER, UH, SOME STAFFING NEEDS, UH, AS WELL AS SOME LEGAL CONCERNS.
SO, AS I CLOSE OUT, UM, I WANNA JUST, UM, FIRST THANK THE OFFICE OF POLICE OVERSIGHT STAFF, UM, A PD, UM, THE CITY'S OF AUSTIN'S IT DEPARTMENT AD'S, IT DEPARTMENT, OUR LEGAL DEPARTMENT, AND OUR CITY MANAGER'S OFFICE.
THEY HAVE ALL BEEN VERY INSTRUMENTAL IN THE PROGRESS WE'VE MADE IMPLEMENTING THE AUSTIN POLICE OVERSIGHT ACT, AS WELL AS RESOLUTION 99.
UM, THE PROGRESS WE'VE MADE HAS TRULY BEEN, UM, A COLLABORATIVE EFFORT, UM, AS WE'VE IMPLEMENTED THE PROVISIONS.
UM, MY ULTIMATE GOAL IS TO FOSTER, UM, A CULTURE OF, YOU KNOW, TRUST AND ACCOUNTABILITY BETWEEN THE COMMUNITY AND THE POLICE DEPARTMENT.
I REALLY WANNA SEEK TO ACHIEVE, UM, THIS BY SERVING TO FACILITATE FOR INDIVIDUALS SEEKING, UM, TO ADDRESS CONCERNS RELATED TO OFFICE OF MISCONDUCT AND WORK TO ENSURE THAT THE OFFICE OF POLICE OVERSIGHT, UM, IS NOT BEING PERCEIVED AS A PUNITIVE ARM, BUT MORE OF A COLLABORATIVE ARM.
UH, I AIM TO POSITION OPO AS A RESTORATIVE ARM IN A WAY THAT WE ARE, UM, YOU KNOW, REGAINING AND REBUILDING, UM, THE, THE PUBLIC TRUST.
UM, THE COMMUNITY HAS DEFINED FOR US, UM, WHAT THEY BELIEVE TO BE, UM, TRANSPARENCY.
UM, AND WE KNOW THAT AS THEY DEMONSTRATED, UM, BY THEIR SUPPORT OF PROPOSITION A.
AND IT IS OUR ROLE AT THE OFFICE OF POLICE OVERSIGHT TO DO OUR DUE DILIGENCE, UM, UH, TO REVIEW THE AUSTIN POLICE DEPARTMENT AND ENSURE COMPLIANCE WITH ALL THE ESTABLISHED LAWS OF POLICIES, UH, AND THE RE REGULATION.
[00:25:01]
AND TRANSPARENCY, I BELIEVE, WILL BE REQUIRED, UM, BY HAVING JUST AN OPEN DIALOGUE, UH, AND OPEN AND HONEST DIALOGUE, WHICH IN TURN WILL NOT ONLY EMPOWER THE AUSTIN POLICE DEPARTMENT, BUT AS WELL AS THE COMMUNITY.CHRIS, DO YOU WANNA INTRODUCE YOURSELF? UH, SURE.
THANK YOU FOR THE OPPORTUNITY TO ADDRESS YOU.
AGAIN, MY NAME IS CHRIS HARRIS.
I AM A BOARD MEMBER OF EQUITY ACTION, UM, UH, C FOUR ORGANIZATION THAT, UM, PUT FORWARD THE AUSTIN POLICE OVERSIGHT ACT, WHICH BECAME PROPOSITION A AND PASSED IN MAY.
UM, AGAIN, THANK YOU SO MUCH FOR HAVING ME.
UM, YOU KNOW, I, I THINK, UM, YOU KNOW, OUR PERSPECTIVE ABOUT THE EXTENT OF COMPLIANCE WITH, UH, PROPOSITION A AND ITEM 99 IS, IT'S OBVIOUSLY FAR DIFFERENT, UH, THAN WHAT, UH, HAS JUST BEEN PRESENTED TO YOU.
I THINK THAT, UM, THE, THE, THE STATEMENTS THAT REFLECT THE DESIRE FOR THE OPO TO BE A COLLABORATOR, UM, RATHER THAN AN INDEPENDENT INVESTIGATOR OF THE POLICE DEPARTMENT, UM, ULTIMATELY DO REFLECT A CULTURAL PROBLEM FOR US IN THAT THE I WHOLE IDEA OF THE POLICE OVERSIGHT OFFICE IS THAT IT'S MEANT TO BE THE, THE PEOPLE'S REPRESENTATION, UH, WITH RESPECT TO, UH, TO INCIDENTS OF ALLEGED MISCONDUCT, NOT TO, TO COLLABORATE WITH THE POLICE DEPARTMENT TO FIGURE OUT
UH, AND I THINK THAT TODAY'S ANNOUNCEMENT REQUESTING A DOJ INVESTIGATION, UH, REQUESTING BASICALLY THAT THE FEDERAL GOVERNMENT COME IN AND LOOK AT THE CITY'S FAILURE TO HOLD ANYONE ACCOUNTABLE, AND NOW THE DA'S FAILURE TO HOLD ANYONE ACCOUNTABLE, UH, FOR ALL OF THE VIOLENCE BY AUSTIN POLICE DURING THE 2020 PRO PROTESTS REFLECTS AN ADMISSION THAT THE OFFICE OF POLICE OVERSIGHT, UH, SIMPLY ISN'T EQUIPPED, UH, UH, NOR CULTURALLY, UH, ALIGNED TO ACTUALLY PROVIDE THE INVESTIGATORY, UH, CAPABILITIES THAT WE AS A CITY HAVE DEMANDED, UH, BY PUTTING FORWARD AND, AND NOW PASSING PROPOSITION A, UM, I, I'M HAPPY TO GET INTO MANY SPECIFICS
SO I DON'T KNOW IF Y'ALL WANT TO GET DOWN INTO THE PROVISION BY PROVISION LEVEL, BUT I WILL SAY THAT, UM, YOU KNOW, WHAT WE HEARD AT THE WORKING GROUP MEETING, WHICH, YOU KNOW, TO, TO BE HONEST, IS THE FIRST AREA OF NON-COMPLIANCE WITH ITEM 99.
BECAUSE WHAT HAPPENED TWO TUESDAYS AGO WAS NO WORKING GROUP.
IT WAS A, IT WAS A ZOOM PRESENTATION,
UM, UH, WAS WAS ULTIMATELY THAT, UH, EMISSIONS AROUND A NUMBER OF ITEMS THAT ARE NOT, UH, HAVE NOT BEEN IMPLEMENTED.
UH, AND, AND SPECIFICALLY AROUND THE ACCESS TO G FILE MATERIAL, UH, UH, A STRAIGHT UP CONCESSION BY THE CITY LEGAL REPRESENTATIVE THAT, UH, THIS ISSUE, UH, WOULD NEED TO BE LITIGATED.
BECAUSE, BECAUSE THEY, UH, DESPITE THE AGS RULING THAT, UH, THE CITY DOES HAVE THE DISCRETION ABOUT WHETHER OR NOT TO KEEP THESE FILES SECRET, UH, THEY CONTINUE TO DO SO IN DIRECT DEFIANCE OF PROPOSITION A.
SO, UM, AGAIN, LOTS, LOTS, LOTS, UH,
UM, I DO THINK I WAS EXPECTING A LITTLE BIT MORE BY WAY OF PRESENTATION.
I WAS HOPING TO HAVE A LITTLE BIT MORE OF THE DETAIL THAT THE WORKING GROUP GOT WITH REGARDS TO THE DIFFERENT, UM, THE DIFFERENT AREAS AND HOW THAT 99%, OR I, I GUESS IT'S 95% COMPLIANCE NOW, AND THE 82% COMPLIANCE, I WAS HOPING TO SEE A LITTLE BIT MORE DETAIL WITH REGARDS TO THAT, LIKE WE DID IN THE WORKING GROUP.
I THOUGHT THAT'S WHAT WE HAD AGREED TO.
SO I'M A LITTLE DISAPPOINTED THAT WE DON'T HAVE MORE DETAIL, BUT, UM, COULD YOU DIRECTOR MCGANT SPEAK TO US A LITTLE BIT ABOUT THE, ABOUT THE DELAY? LIKE, IT'S, IT'S DECEMBER, AND, UM, AND I, I THINK THAT'S ONE OF MY PRIMARY CONCERNS IS THAT IT'S NOW DECEMBER, AND WE ARE NOW FINALLY STARTING TO SEE SOME OF THE DETAILS OF HOW SOME OF THIS IMPLEMENTATION IS HAPPENING OR NOT HAPPENING.
UM, AND YEAH, COULD YOU JUST SPEAK A LITTLE BIT TO THAT DELAY, WHY THAT'S, WHY THAT'S HAPPENING? HOW THAT'S HOW THAT PROCESS IS WORKING? YEAH, I, I JUST WANNA SAY THAT, UH, IT'S, AGAIN, AS I NOTED, IT'S BEEN A VERY COLLABORATIVE EFFORT, UM, SEVERAL DEPARTMENTS, UM, OR HAVING TO COLLABORATE IN ORDER TO ENSURE THE IMPLEMENTATION.
AND SO JUST THE COORDINATION OF ALL THE OTHER CITY DEPARTMENTS HAVE CONTRIBUTED SOMEWHAT TO, UM, THE DELAY, UH, IN IMPLEMENTING ALL THE PROVISIONS.
SO AGAIN, JUST COORDINATING EACH DEPARTMENT'S, THE CO COORDINATING SCHEDULES, COORDINATING MEETINGS, UM, AGAIN, THERE IS SOME, UM, TECHNICAL OR, UM, RESOLUTIONS OR SOLUTIONS THAT
[00:30:01]
WE'RE STILL WORKING ON.SO WE HAVEN'T, UH, FULLY IMPLEMENTED THE, UM, THE ORDINANCE DUE TO THAT.
THERE ARE SOME STAFFING ISSUES THAT WE'RE STILL TRYING TO ADDRESS IN TERMS OF HIRING INDIVIDUALS.
THE HIRING PROCESS IS TAKING A LITTLE LONGER THAN WE HAD ANTICIPATED, BUT WE ARE ON TRACK.
UH, WE WERE DOING INTERVIEWS ON LAST WEEK.
WE ANTICIPATE, UM, HIRING, UM, AT LEAST ONE INDIVIDUAL IN THE NEXT COUPLE OF WEEKS.
AND THEN WE'LL MOVE WITH THE INVESTIGATIVE POSITION, THE HIRING FOR THAT.
SO SOME OF THE TECHNICAL SOLUTIONS ARE STILL BEING WORKED OUT AS WELL AS SOME OF THE STAFFING SOLUTIONS THAT ARE STILL BEING WORKED OUT.
UH, AS YOU KNOW, THERE WAS A, UH, AND I WON'T SPEAK A LOT TO THE GFI MATERIAL.
OUR LEGAL REPRESENTATIVE IS NOT HERE, BUT THERE WAS A DELAY IN TERMS OF INFORMATION THAT WE COULD POST AFTER THE, UM, THE O AGS OPINION.
AND SO THERE WAS A PERIOD OF TIME WHERE WE WERE WAITING, UM, ON, UH, INFORMATION FROM THE ATTORNEY GENERAL'S OFFICE.
WE GOT THAT, AND IT GAVE US DIRECTION IN TERMS OF, UH, HOW WE COULD MOVE IN TERMS OF WHAT WE COULD IMPLEMENT RELATED TO POSTING OF COMPLAINTS.
SO THERE'S A NUMBER OF THINGS THAT HAVE, UM, CAUSED SOME, SOME DELAY.
AND AGAIN, UM, THERE ARE SOME PROVISIONS THAT WE WILL STILL NOT, UM, HAVE THE OPPORTUNITY TO IMPLEMENT TO, TO THE BEGINNING OF, UH, THE, THE 2024.
UM, DO WE HAVE ANY OTHER QUESTIONS? I KNOW THAT COM AND WE HAVE, I'M TRYING TO MIND THE SCREEN ONLINE TOO.
SO COMMISSIONER NEN, I'M JUST GONNA ECHO ON WHAT CHAIR RAMIREZ ALSO SAID AS WELL, IS THAT, UH, I'M A LITTLE DISAPPOINTED THERE'S NOT A LOT MORE INFORMATION ON THERE.
UM, BUT ON THE ADMINISTRATIVE SIDE, UH, I DON'T THINK WE'VE RECEIVED A COPY OF THAT PRESENTATION, CORRECT, BECAUSE I NO, WE HAVEN'T, DID NOT.
IF WE CAN GET THAT POSTED TO BACK, THAT WOULD BE GREAT.
SO IN THE FUTURE, IF, IF WE COULD JUST HAVE THAT AS IN ADVANCE AS POSSIBLE, THAT'D BE GREAT, BECAUSE ABSOLUTELY, I AM MORE OF A VISUAL PERSON.
SO, UH, FOR ME TO BE ABLE TO SEE IT AND REVIEW AHEAD OF TIME, IT, IT, IT ALLOWS ME TO BE PREPARED TO ASK YOU MORE QUESTIONS AS WELL.
UM, BUT I ALSO RECOGNIZE THAT THIS IS A NEW INITIATIVE, RIGHT? I, I RECOGNIZE THAT, UM, THINGS TAKE TIME TO BUILD, AND I UNDERSTAND THAT, AND I WANNA RECOGNIZE THAT WITH, WITH YOU AS WELL, DIRECTOR, THAT, UM, THERE ARE GONNA BE STOP GAPS, THERE ARE GONNA BE HURDLES AND, AND THINGS LIKE THAT.
UM, AND I JUST ALSO WANNA SAY THAT I APPRECIATE YOU MENTIONING THAT WE'RE WORKING ON THIS ON A RESTORATIVE, UH, LENS.
UM, SO JUST WANNA RECOGNIZE THAT AS WELL.
DO WE HAVE ANY OTHER QUESTIONS UP HERE BEFORE I GO TO THE SCREEN? COMMISSIONER BERNHARDT.
UM, HI, UH, UH, IS IT, UH, DIRECTOR MCCANN MCCANN? MCC MCCANN.
THANK YOU SO MUCH, UH, FOR COMING TODAY.
UM, UH, I GUESS I'M GONNA REITERATE THAT IT, IT KIND OF FEELS LIKE A LONG TIME COMING.
UM, AND, UH, I'M REALLY SORRY I CAN'T BE THERE IN PERSON.
UH, TODAY I'VE GOT SOME SORT OF, UH, FAMILY ISSUES, UM, THAT ARE GETTING IN MY WAY.
I WANTED TO FOLLOW UP ON YOUR OBSERVATION THAT YOU'VE BEEN DOING A LOT OF COORDINATING, UH, WITH DIFFERENT CITY DEPARTMENTS OR OFFICES IN TERMS OF IMPLEMENTATION, UM, OF THE AUSTIN POLICE ACCOUNTABILITY ACT, UM, UH, AND RESOLUTION 99 SPECIFICALLY, WHICH, WHICH OFFICES, UM, WHICH ENTITIES HAVE YOU HAD TO COORDINATE WITH? SO WE'VE HAD TO COORDINATE, OF COURSE, WITH THE AUSTIN POLICE DEPARTMENT.
UH, WE'VE HAD TO COORDINATE WITH THE LEGAL DEPARTMENT.
WE'VE HAD TO COORDINATE NOT ONLY WITH THE CITY OF AUSTIN'S IT DEPARTMENT, BUT ALSO WITH THE APDS, UM, IT DEPARTMENT AS AS WELL.
AND SO SOME OF THAT COORDINATION IN TERMS OF IT IS RELATED TO SOME OF THOSE, UM, TECHNICAL, UM, SOLUTIONS THAT WE'RE, WE'RE STILL TRYING TO, UH, DETERMINE, UM, IN TERMS OF POSTING INFORMATION, CREATING LINKS, WHERE DO WE HOUSE INFORMATION TESTING? WE'RE, WE'RE TESTING SOME OF THE PLATFORMS THAT WE ARE USING TO DETERMINE IF THERE ARE ANY GLITCHES THAT WE NEED TO WORK OUT.
SO THAT'S QUITE A BIT OF, UH, COORDINATION COORDINATING WITH THE LEGAL DEPARTMENT.
UH, AS YOU ALL KNOW, UH, THERE'S BEEN TWO OPINIONS RELATED TO G FIVE MATERIAL AND COORDINATING, UH, REGARDING WHAT INFORMATION THAT WE CAN PROVIDE FOR THE PUBLIC, WHAT
[00:35:01]
INFORMATION THAT WE CAN, UH, POST TO OUR WEBSITES WITHIN THE CONFINES OF STATE LAW.AND SO HAVING THOSE PERSON OFFICER, CAN I, I'M SORRY, CAN I INTERRUPT YOU THERE FOR A SECOND? UM, MY UNDERSTANDING IS THAT THERE ARE TWO ATTORNEY GENERAL OPINIONS.
UM, CAN YOU TELL ME WHAT YOUR UNDERSTANDING IS OF THE FIRST ONE AND WHAT IT SAID? WELL, YOU KNOW WHAT, I, I DON'T, I, I AM NOT AN ATTORNEY AND WE DON'T HAVE OUR LEGAL REPRESENTATIVE HERE TODAY.
WHAT I DO KNOW THAT INITIALLY THE, UH, INITIAL, UH, OPINION WAS THAT THERE WAS NO GFI MATERIAL.
THEN THERE WAS A REQUEST BY THE CITY FOR CLARIFICATION.
AND IT'S MY UNDERSTANDING NOW THAT THERE IS GFI THAT THE CITY HAS, CAN MAINTAIN A GFI.
AND SO AGAIN, THE ATTORNEY IS NOT HERE.
AND THAT'S, THAT'S A QUESTION THAT, UH, LEGAL WOULD BE, UH, IN A POSITION TO ANSWER.
YEAH, I SURE I UNDERSTAND THAT.
UM, I GUESS IT'S A LITTLE PROBLEMATIC THAT LEGAL ISN'T HERE BECAUSE THERE ARE A LOT OF, UM, LEGAL ISSUES.
UM, AND I'M, I, I'M CONFUSED BECAUSE, UM, I AM, MY UNDERSTANDING OF THE FIRST ATTORNEY GENERAL'S OPINION IS THAT, UM, IT STATED THERE WASN'T A G FILE BECAUSE THE AUSTIN POLICE ACCOUNTABILITY ORDINANCE ELIMINATED ANY GFI CATEGORIZATION, ANY G FILES AT THE CITY OF AUSTIN.
UM, WHICH SEEMS TO ME IT WAS AN INTERPRETATION, ACTUALLY, I THINK IT WAS EXPLICITLY AN INTERPRETATION OF CHAPTER 1 37, AND IT WAS UNDERSTANDING THE AUSTIN POLICE ACCOUNTABILITY ORDINANCE AS THE CITY OF AUSTIN OPTING OUT OF THE GFI OPTION IN CHAPTER 1 37.
DOES THAT MAKE SENSE? UH, COMMISSIONER, UM, I UNDERSTAND THAT THERE, THERE IS A QUESTION RELATED TO THE GFI MATERIAL, BUT AGAIN, I THINK THE LEGAL DEPARTMENT IS IN A BETTER POSITION TO RESPOND TO SOME OF THOSE CONCERNS.
WELL, I MEAN, THAT WOULD MAKE SENSE BECAUSE THIS IS BASED ON THEIR LEGAL OPINIONS.
UM, BUT I'M, I'M KIND OF CONCERNED THAT THEIR LEGAL OPINIONS, UM, ARE JUST NOT REASONABLE.
UM, IT, IT MAY BE EVEN SANCTIONABLE IN TERMS OF, UM, SUCH AN ACCURATE REPRESENTATIONS OF TEXAS LAW AND THE AUSTIN POLICE ACCOUNTABILITY ACT.
UM, I'M NOT SURE THEY HAVE A LEG TO STAND ON IN TERMS OF SAYING THAT THE ACT, UH, DIDN'T ELIMINATE THE G FILE
UM, BUT TO MOVE ON, UM, IN TERMS OF, YOU MENTIONED ALL THIS COORDINATION WITH, UM, THE POLICE DEPARTMENT, CITY LEGAL, UM, AND TECHNICAL ISSUES.
UM, IS IT YOUR STANDING THAT THE OFFICE OF POLICE OVERSIGHT IS AN ENTIRELY INDEPENDENT ENTITY UNDER THE AUSTIN POLICE ACCOUNTABILITY ACT WITH INDEPENDENT AUTHORITY TO IMPLEMENT THE AUSTIN POLICE ACCOUNTABILITY ACT? YES, MA'AM.
SO WHAT IS EXACTLY THE POINT OTHER THAN SLOWING THINGS DOWN AND INTERFERING WITH THE OFFICE OF POLICE OVERSIGHT'S DUTIES OF INCLUDING THE POLICE DEPARTMENT IN THE IMPLEMENTATION OF THE OFFICE, AUSTIN POLICE ACCOUNTABILITY ACT? WHAT'S THEIR ROLE OTHER THAN GETTING IN THE WAY CHAIR? MAY I ASK YOUR ANSWER THAT QUESTION? YEAH, OF COURSE.
UM, SO THERE ARE CERTAIN LAWS THAT WE HAVE TO ABIDE BY IN REGARDS TO SIEGES COMPLIANCE, PROTECTING PERSONALLY IDENTIFYING INFORMATION AND KEEPING PEOPLE IN THE RIGHT SERVERS AND KEEPING THE SERVERS THAT ARE GONNA CONTAIN THAT INFORMATION, PROTECTING THE RIGHT WAY PER FBI MANDATES WHEN WE OFFER.
WHEN WE OFFER, WHEN WE OFFER UNFETTERED ACCESS TO SOMEBODY TO HAVE COMPLETE AND UNFETTERED ACCESS TO OUR SYSTEMS, WE HAVE TO MAKE SURE THAT THOSE PORTALS ARE SECURE, WHICH IS WHY IT WAS INVOLVED.
THEIR LOGINS AND THEIR TRAININGS HAD TO BE CONDUCTED BY THE PEOPLE WHO CONDUCT, UH, THE AXON AND BODY-WORN CAMERA TRAINING SYSTEMS. SO THE, THE HOOPS THAT SHE'S DESCRIBING ARE BOTH LEGALLY AND LOGISTICALLY NECESSARY.
COMMISSIONER, COMMISSIONER BERNHARD, THAT, COMMISSIONER BERNHARDT, CAN I, CAN I INTERJECT FOR ONE SECOND? SURE.
I WAS JUST GONNA SAY, I'M SORRY, JUST ON WITH REGARDS TO THE, THE C JUST COMPLIANCE THAT SHE SAID, I KNOW THAT THE OPO OFFICE IS SUPPOSED TO BE WORKING ON GETTING THOSE CERTIFICATIONS.
HOW ARE THOSE CERTIFICATIONS COMING ALONG SO THAT YOU DON'T HAVE TO RELY ON THE AUSTIN POLICE DEPARTMENT FOR THAT, FOR THAT ELEMENT? HOW
[00:40:01]
ARE THOSE, HOW ARE THOSE CERTIFICATIONS COMING ALONG PROCESS? WE SURE.EVEN WITH THOSE CERTIFICATIONS, WE STILL HAVE TO GO THROUGH THE PROCESS THAT WAS DESCRIBED BY, UM, YEAH, THEY'RE, THEY JUMPED THROUGH THAT HOOP IMMEDIATELY AND GOT CGIS COM CERTIFIED IMMEDIATELY, VERY, VERY QUICKLY.
BUT THEY'RE STILL USING OUR SYSTEMS AND OUR CGIS ACCESS, THEY GET ONTO OUR PARTICULAR, UM, SERVERS.
SO THEY LOG ONTO OUR AXON SYSTEM.
SO WE'RE THE ONES WHO, IF THE FBI OR DPS WAS GONNA COME IN AND AUDIT OUR SAGES COMPLIANCE, AND IT WAS A USER OF THE OPO, IT'D BE US WHO WOULD BE HELD RESPONSIBLE FOR THAT.
SO WE HAVE A RESPONSIBILITY TO WORK WITH D-P-S-F-B-I AND OPO AND THE IT FOLKS TO MAKE SURE THAT EVERYTHING FROM A TO Z IS DONE, UM, BY DOTTING OUR I'S AND CROSSING OUR T'S.
SORRY TO GET DOWN IN THE WEEDS, BUT IS THAT, IS THAT NOT SOMETHING LIKE THAT CREDENTIALING PROCESS? IS THAT NOT SOMETHING THAT CAN BE, CAN THE OFFICE OF POLICE OVERSIGHT NOT GET INDEPENDENT CRED? LIKE AGAIN, WITH THE IDEA THAT THE OFFICE OF POLICE OVERSIGHT IS AN AUTONOMOUS SORT OF ORGANIZATION THAT CAN OVERSEE THE POLICE DEPARTMENT? THEY DID.
THEY HAVE THAT, THAT COMPLETE AND INDEPENDENT S CGIS AUTHORIZATION AND CERTIFICATION, BUT IN ORDER TO HAVE UNFETTERED ACCESS, THEY HAVE TO COME INTO OUR SYSTEM IN ORDER TO GET THE DATA PER RESOLUTION.
NINE NINE, WE'RE THE ONES THAT HAVE THE, THE VERSADEX REPORTS OR OUR RECORDS MANAGEMENT SYSTEM, OR THE BODY-WORN CAMERA, OR THE USE OF FORCE REPORTS.
ALL THE THINGS THAT ARE LISTED OUT IN RESOLUTION NINE NINE ARE HOUSED WITHIN APDS, UM, SERVERS, THE AUSPICE SERVERS, AUS PUBLIC SAFETY SERVERS.
AND SO FOR THEM TO COME IN AND, AND REACH OUT AND GRAB THAT INFORMATION, THEN THEY'RE ALSO, THEY'RE, THEY'RE NOW TOUCHING APDS SGES COMPLIANT INFORMATION.
SO WE HAVE TO MAKE SURE THAT WE DO IT APPROPRIATELY.
AND, AND THAT'S NOT SOMETHING THAT COULD HAVE BEEN DONE IN THE LAST, I DON'T KNOW, 6, 7, 8 MONTHS? UM, I THINK I HAVE, I ACTUALLY HAVE LOTS OF QUESTIONS, BUT I FEEL LIKE WE DON'T HAVE A LOT OF THE REFERENCE MATERIALS THAT WE HAD IN THE WORKING GROUP TO WORK FROM.
I THINK ONE OF MY, AND I'M GONNA LET CHRIS STEP IN.
I'M, I JUST HAVE ONE MORE QUESTION.
I'M GONNA ACTUALLY DEFER TO CHRIS, 'CAUSE I FEEL LIKE HE'S GOT SOME, SOME INSIGHT AS WELL.
UM, I NOTICED WHEN WE WERE DOING THE WORKING GROUP PRESENTATION THAT THERE WAS A LOT OF, UM, MAY LANGUAGE, MAY MAY LANGUAGE SORT OF, WHEN WE WERE TALKING ABOUT THE IMPLEMENTATION AND REACHING, LIKE, AS WE DESCRIBE A CERTAIN ELEMENT OF THE, OR OF THE ORDINANCE, AND OF RESOLUTION 99, IT WAS FRAMED AS THE OFFICE OF POLICE OVERSIGHT MAY DO THIS.
UM, WHEREAS, UM, THE CITY CODE ACTUALLY USES THE WORD SHALL, WHEREAS RESOLUTION 99 USES THE WORD SHALL AND WILL, WHEREAS THE A POA USES WORDS WILL AND SHALL.
AND SO THAT, THAT, THAT SLIGHT CHANGE IN LANGUAGE TO ME WAS TROUBLESOME BECAUSE I REMEMBER THE OFFICE OF POLICE OVERSIGHT ISSUING RECOMMENDATIONS TO A PD TO REMOVE THAT SORT OF MAY LANGUAGE FROM SOME OF THEIR OWN GENERAL ORDERS.
UM, AND SO I'D LIKE TO UNDERSTAND A LITTLE BIT ABOUT HOW THAT CHANGE IN LANGUAGE HAPPENED, WHERE THAT CAME FROM.
COMMISSIONER, I'M, I'M, I'M NOT RECALLING SPECIFICALLY, UH, WHAT AREA OR SECTION OF THE, UH, WORK WORKING GROUP IN WHICH THAT LANGUAGE WAS USED.
SO IF YOU COULD PROVIDE, UM, SOME SPECIFICS RELATED TO THAT.
I'M HAPPY TO ANSWER THAT QUESTION.
UM, I THINK ONE IN ONE IN PARTICULAR WAS LIKE, UM, THE OPO CAN PARTICIPATE IN INVESTIGATIONS OF COMPLAINTS, UM, MAY INTERVIEW COMPLAINANTS AND OBTAIN MORE INFORMATION FROM COMPLAINANTS.
UM, WHEREAS THE A POA ORDINANCE JUST SAID THAT, THAT THE OFFICE OF POLICE OVERSIGHT WILL DO THAT, SHALL DO THAT.
SO, AND, AND, AND LITTLE NUANCES LIKE THAT REALLY UNDERSTOOD IMPACT THE SCOPE OF THE WORK THAT YOU GUYS ARE DOING AND THE ABILITY TO ADDRESS IT AS COMPLETED.
AND SO, AGAIN, I JUST WANNA GET A BETTER UNDERSTANDING OF WHERE THAT CHANGE IN LANGUAGE HAPPEN, WHERE IN THIS BIG LONG PROCESS AND ALL OF THIS COORDINATION, DID THAT CHANGE IN LANGUAGE HAPPEN? YEAH.
UM, WHAT I WILL SAY IS THAT, UM, WE TALKED ABOUT THIS IN THE GROUP, THE WORK GROUP, THAT WE ARE IN THE PROCESS OF HIRING INVESTIGATIVE STAFF WHO WILL HAVE THE ABILITY TO, NOT MAY, BUT WILL HAVE THE ABILITY TO BE, TO HAVE A MORE COMP COMPREHENSIVE, UH, INPUT IN TERMS OF THE INVESTIGATIVE PROCESS.
AND SO SOME OF THIS IS RELATED TO, AS I NOTED AS I WENT THROUGH THE PRESENTATION, THAT THERE ARE SOME STAFFING NEEDS THAT WE ARE ADDRESSING.
[00:45:01]
AND PART OF THOSE STAFFING NEEDS ARE HIRING THOSE, THE INVESTIGATIVE STAFF WITH SKILL SET THAT CAN ENGAGE IN THE INVESTIGATIVE, UH, PROCESS.I'M, I'M, I'M NOT, UM, RECALLING, UH, EXACTLY WHERE THE, UH, NUMBER OF, UM, MAZES THAT OCCURRED DURING THAT PRESENTATION.
BUT WE DO HAVE THE ABILITY ONCE THOSE STAFF ARE HIRED TO, UM, TO ACTUALLY INVESTIGATE, UH, PER, PER THE, UH, PER THE, UH, ORDINANCE.
SO THAT IMPLIES THAT THAT LANGUAGE WILL BE UPDATED WHEN YOU HAVE THE STAFF TO DO SO.
UM, I, I, I DON'T KNOW IF THAT WAS JUST LANGUAGE THAT WAS WRITTEN IN THE SCRIPT.
I, I DON'T KNOW THAT THAT LANGUAGE IS NOT NOTED AS, YOU KNOW, YOU NOTED IN THE RESOLUTION OR IN, UH, PROPOSITION A.
AND SO WE WILL BE IMPLEMENTING, UM, THE PROVISIONS THAT ARE WITHIN PROPOSITION A IN RESOLUTION 99, AND BOTH SAY THAT WE WILL IN BE INVESTIGATE, UM, COMPLAINTS, AND THAT'S WHAT WE WILL BE DOING.
I'M NOT SURE IF MAY WAS JUST IN, UM, A LANGUAGE THAT WAS, UM, IN THE SCRIPT DOING THE PRESENTATION.
AGAIN, I I WILL DEFINITELY GO BACK AND, AND LOOK AT THAT, AT THAT LANGUAGE.
AND OF COURSE, IF THERE'S AN UPDATE THAT NEEDS TO HAPPEN, WE'LL BE MAKING THOSE UPDATES TO THAT LANGUAGE.
SO, SO MY REQUEST WOULD BE THAT MOVING FORWARD WHEN THEIR PRESENTATION'S DONE FOR THE COMMUNITY, FOR COUNCIL, FOR THE WHOEVER IT IS YOU'RE, THAT'S FACING PUBLICLY, IF YOU ARE INDICATING THAT THINGS ARE COMPLETE OR THERE IS PROGRESS, SOMETHING THAT SORT OF LANGUAGE CHOICE MATTERS DEEPLY
AND WITH THAT, I WAS ACTUALLY GONNA DE CHIEF IF CHRIS HAD ANY, JUST CLARIFY ONE THING.
UM, SO CHIEF GREENWELL, UM, AND DIRECTOR, IF, IF YOU CAN INTERJECT AS WELL, JUST WALK ME THROUGH THAT, UM, UNFETTERED ACCESS, IS THERE A PATHWAY FORWARD WHERE OPO DOES NOT HAVE TO GO THROUGH A PD FOR THAT UNFETTERED ACCESS? IS THERE EVER AN OPPORTUNITY FOR THAT? BECAUSE I, I, I THINK ONE OF THE THINGS THAT WE'VE BEEN TALKING ABOUT, UH, IS IF OPO FEELS THAT THEY HAVE THE ABILITY TO HAVE INVESTIGATIONS WITHOUT A PD INTERFERENCE, CAN YOU WALK ME THROUGH HOW THAT PROCESS WOULD WORK? IF THERE'S AN, UH, INVESTIGATION, IF OPO IS GONNA COME IN, THEY NEED TO GO INTO YOUR SYSTEM IN, IN, AT, UH, A PD HEADQUARTERS, RIGHT? OR HOW DOES THAT PROCESS WORK? CAN YOU WALK ME THROUGH THAT? SO THEY NOW HAVE LOGONS AND SECURE PORTALS SO THAT FROM THEIR OWN OFFICE, THEY CAN JUST LOG IN INTO OUR RECORD MANAGEMENT SYSTEM AND INTO OUR BODY-WORN CAMERA SYSTEM.
THEY HAVE THE SAME ACCESS THAT AN ASSISTANT CHIEF HAS IN ORDER TO GET IN AND LOOK AROUND AND SEE THINGS.
THEY DON'T HAVE ANYTHING THAT WOULD, UM, HINDER THEIR ABILITY TO DO SO OTHER THAN IF THE INTERNET'S DOWN THAT DAY.
UM, IN ORDER FOR THEM TO BE ABLE TO DO SO WITHOUT COMING TO A PD, THEY WOULD HAVE TO MAINTAIN THEIR OWN RECORD MANAGEMENT SYSTEM, THEIR OWN BODY-WORN CAMERAS, AND THEY'RE NOT THE ONES WHO HAVE THE BODY-WORN CAMERAS ON THEIR CHEST.
SO I DON'T EVEN KNOW HOW TO WALK YOU THROUGH WHAT THAT MIGHT LOOK LIKE.
CHRIS, CAN YOU, YOU CAN TALK ABOUT WHATEVER YOU WANNA TALK ABOUT
I KNOW THAT THERE ARE, THERE ARE SPECIFIC LIKE SORT OF PROVISIONS OF THE A POA THAT, UM, DON'T FEEL LIKE THEY'RE IN COMPLIANCE.
AND SO I DON'T KNOW IF YOU WANNA TALK TO THAT OR IF THERE'S SOMETHING ELSE.
YEAH, I MEAN, I THINK WE, UM, YOU KNOW, UH, ONE PROVISION IN PARTICULAR IS AROUND RECORDS MANAGEMENT, PARTICULARLY THAT THE OPO, UH, MAINTAIN A, A DATABASE, A CENTRAL REPOSITORY OF THEIR OWN RECORDS.
UH, AND, AND, YOU KNOW, I UNDERSTAND THEY'RE WORKING THROUGH TECHNICAL THINGS OR WHAT HAVE YOU, BUT LIKE THAT IS A, A CORE PIECE THAT REMAINS UNIMPLEMENTED.
THEY APPARENTLY DO NOT MANAGE THEIR OWN RECORDS.
UM, WHEN WE LOOK AT THE PUBLICATION OF INFORMATION, UM, YOU KNOW, UH, PROVISIONS WITHIN A POA DEMAND THAT, YOU KNOW, THAT THEIR RECOMMENDATIONS BE PUBLISHED FOR THINGS LIKE DISCIPLINE AND OTHER THINGS, UH, AS WELL AS THE CHIEF'S RESPONSE, UH, THERE'S NOT BEEN ANYTHING PUBLISHED ABOUT THAT.
BUT, BUT AT, AT THE SAME TIME DURING THIS PERIOD, UH, THE OPO DOESN'T APPEAR TO BE DOING MUCH OF ANYTHING BECAUSE THERE HASN'T BEEN ANY PUBLIC RECORD OF ANY POLICE OFFICER DISCIPLINE, I BELIEVE, IN ABOUT SIX MONTHS, WHICH, IF TRUE, IF THAT'S ACTUALLY ACCURATE, THERE HASN'T BEEN ANY SUSPENSION OR FIRING THAT STATE LAW, UH, SAYS, IS A FILE MATERIAL AND SHOULD GO OUT, UH, PUBLICLY, WOULD I BE SOME SORT OF RECORD, I ASSUME, UH,
[00:50:01]
SO, UH, THERE'S A WHOLE HOST OF THINGS AS IT RELATES TO INFORMATION, UH, MANAGEMENT ACCESS PUBLICATION, UH, THAT IT APPEARS THERE.
THERE'S, THERE'S, THERE'S LITERALLY NO RECORD OF COMPLIANCE.
THERE'S NO RECORD OF THEM POSTING INFORMATION ABOUT, UH, THE CITY LAWSUITS, UH, WHICH IS ALSO REQUIRED BY PROP A, UM, YOU KNOW, JUST ON AND ON AND ON.
I THINK WITH RE, WITH RESPECT TO THE INDIVIDUAL OPERATIONS OF THE OPO, UM, THAT'S A LITTLE BIT HARDER FOR, FOR ME TO JUDGE ON THE OUTSIDE.
I, I CAN SAY, BASED ON THE INFORMATION AND THE DATA THAT WAS PRESENTED DURING THE WORKING GROUP SESSION, UH, THAT THERE ARE A LOT OF QUESTIONS ABOUT, UH, WHAT, HOW EXACTLY THEIR CLASSIFYING COMPLAINTS, WHETHER OR NOT ALL COMPLAINTS AS A POE REQUIRES ARE BEING TREATED EQUALLY, UH, WITH RESPECT TO, TO THEIR INVESTIGATION OF THOSE COMPLAINTS, UH, HOW, AND WHETHER THEY'RE ACTUALLY DETER MAKING THE DETERMINATION ABOUT WHETHER A FULL INVESTIGATION OCCUR FOLLOWING THEIR MANDATORY SORT OF PRELIMINARY REVIEW OF EACH COMPLAINT, UM, AS WELL AS, AGAIN, THE WHOLE RECOMMENDATION PROCESS, BECAUSE AGAIN, NOTHING'S BEEN POSTED.
UH, AND, AND THEN, YOU KNOW, I THINK ONE OTHER THING THAT CAME OUT DURING THE WORK GROUP WAS THE FACT THAT, UM, WITH RESPECT TO ONE PART OF A PO IMPLEMENTATION, WHICH IS, UH, BEING A LIAISON TO COMPLAINANTS, PARTICULARLY WITH RESPECT TO HOW, UH, THEY'RE THEN, UM, GIVEN ACCESS TO BODY-WORN CAMERA FOOTAGE, WHICH BY THE CITY'S OWN POLICY CAN BE PUBLISHED WITHIN 10 DAYS, I BELIEVE, UH, THEY SAID THAT THEY DIRECT THEM TO PUT IN A PUBLIC INFORMATION REQUEST, UH, WHICH, YOU KNOW, IF THEY NOW HAVE FULL AND UNFETTERED ACCESS TO THE BODY-WORN CAMERA SYSTEM, UM, OR AT MINIMUM, YOU KNOW, THE ABILITY TO WORK WITH THE POLICE DEPARTMENT TO PROVIDE TO THEM THE, TO TYPICALLY PUBLISHED REDACTED VERSION OF BODY-WORN CAMERA FOOTAGE, UH, WOULDN'T BE HOW THEY WOULD SERVE AS A LIAISON, UH, TO PEOPLE WHO HAVE, WHO HAVE FILED A COMPLAINT WITH THE DEPARTMENT.
UM, I HAVE ONE MORE THING TO SAY,
IF THERE ARE ANY FOLLOW UP QUESTIONS THAT YOU HAVE WITH RESPECT TO ANY OF THAT, I'M JUST GONNA GET, JUST CHECK IN ON ONLINE REAL QUICK TO MAKE SURE I'M NOT MISSING ANYONE.
I DO HAVE A QUESTION FOR, UM, DIRECTOR MCGANT.
UM, THE, THE, CHRIS TOUCHED ON THE, THE LIAISON SORT OF ASPECT OF THE OFFICE OF POLICE OVERSIGHT BEING A LIAISON FOR THE COMMUNITY, BEING A LIAISON FOR COMPLAINANTS.
THIS TIES IN A BIT TO A PREVIOUS AGENDA ITEM THAT WE'VE SPOKEN TO WHEN WE WERE TALKING ABOUT OFFICER INVOLVED SHOOTINGS, UM, WHERE, WHERE YOU WEREN'T ABLE TO JOIN US.
AND SO CAN YOU TALK A LITTLE BIT ABOUT WHAT THE OFFICE OF POLICE OVERSIGHT HAS BEEN DOING WITH REGARDS TO LIAISING WITH COMMUNITY MEMBERS FOR COMPLAINTS? YES, ABSOLUTELY.
SO AS COMPLAINANTS FILE COMPLAINTS AND THEY FOLLOW BACK UP WITH US, WE ARE PROVIDING FOR THEM AS MUCH INFORMATION AS WE CAN WITHIN THE CONFINES OF STATE LAW.
SO WE ARE LETTING THE PERSONS KNOW THAT YOUR COMPLAINT IS EITHER OPEN, IT'S CLOSED, IT'S PENDING WHEN DISCIPLINARY ACTIONS, UH, WILL BE, UH, THE DATE DISCIPLINARY ACTIONS WILL BE ISSUED.
UM, THERE ARE THINGS THAT WE ARE UNABLE TO, UM, DISCLOSE TO COMPLAINANTS, AND AGAIN, THE LEGAL DEPARTMENT IS NOT HERE.
BUT AGAIN, THE REASON FOR THAT, UM, IS, IS BASED ON CONFIDENTIAL INFORMATION THAT WE ARE UNABLE TO DISCLOSE, BUT WE ARE DISCLOSING AS MUCH INFORMATION AS POSSIBLE WITH COMPLAINANTS.
COMMISSIONER RUTTEN? YEAH, I JUST WANNA FOLLOW UP ON SOMETHING THERE, BECAUSE I WAS, THIS IS NOT MAYOR OF EXPERTISE AS A MEDICAL PROFESSIONAL, BUT I WAS CURIOUS IF YOU COULD EXPLAIN THE POSTING ASPECT THAT WAS MENTIONED, BECAUSE I JUST WENT TO THE WEBSITE AND THE LAST COMPLAINT IS DATED MARCH 31ST, 2023, IN TERMS OF COMPLAINTS MADE TO THE OPO AND THE LAST DISCIPLINARY ONE, AS WAS MENTIONED AS MAY 12TH.
AND IS THAT, WHAT'S THE LAG IN GETTING THOSE REPORTED? BECAUSE I, I, I CAN'T IMAGINE THAT THERE'S NOT, HASN'T BEEN MORE CITIZEN THINGS BROUGHT UP TO THE, TO THE OPO ON THAT.
SO, I'M, I'M SORRY, CAN YOU REPEAT THE QUESTION? UM, ON, ON THE WEBSITE FOR THE OPO, WHERE IT HAS A LINK TO THE DISCIPLINARY AS WELL AS THE CITIZEN REPORTS, WHICH IS, I, AS I UNDERSTAND IT BY THE RESOLUTION 99 IS SUPPOSED TO BE REPORTED WITH ANONYMOUS INFORMATION IN TERMS OF WHAT'S ON THERE, THE LAST, UM, COMPLAINT THAT WAS PUT TO THE OPO IS DATED MARCH 31ST.
UM, HAS THERE NOT BEEN A COMPLAINT SINCE MARCH 31ST, OR IS THERE A TECHNICAL ISSUE IN TERMS OF GETTING THOSE POSTED SINCE THEN? IF YOU'RE, IF YOU'RE REFERENCING, UH, OUR ABILITY TO POST DISCIPLINARY ACTIONS, UH, RELATED TO COMPLAINTS AND COMPLAINTS, AGAIN, ONCE WE WERE NO LONGER IN AN A, A MEETING AND CONFER AGREEMENT, WE WERE NOT ABLE TO CONTINUE TO, UH, POST THOSE COMPLAINTS BECAUSE WE ARE NOW, UH,
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REQUIRED TO ADHERE TO STATE LAW.AND, UM, AS OF APRIL, I THINK APRIL WAS THE LAST COMPLAINT THAT WE WERE ALLOWED TO, TO POST.
AND AGAIN, UM, WE ARE POSTING INFORMATION WITHIN THE CONFINES OF STATE LAW.
THE FACT THAT WE HAVE NOT POSTED ANY DISCIPLINARY ACTIONS SINCE APRIL WOULD, UH, STATE THAT THERE HASN'T BEEN ANY ADDITIONAL, UH, DISCIPLINARY ACTIONS, AND THEREFORE WE HAVE NOT POSTED THOSE.
UH, IF YOU LOOK IN THE, UH, ORDINANCE, THEIR DEFINITION OF DISCIPLINE INCLUDES, UH, A WRITTEN REPRIMAND.
UH, AND SO THAT'S NOT TO SAY THAT THOSE THINGS HAVE NOT HAPPENED, WE JUST DON'T HAVE THE ABILITY TO, TO POST THOSE COMPLAINTS.
WE HAVE THE ABILITY TO, TO POST COMPLAINTS WHERE THERE IS UNCOMPENSATED LEAVE, LIKE A SUSPENSION OR SOMETHING MORE SEVERE.
UH, WE WOULD POST THOSE COMPLAINTS, A TERMINATION OR SOMETHING LIKE THAT.
SO THAT'S THEN A FOLLOW, JUST A FOLLOW UP ON THAT.
SO IS THERE A TIMELINE FOR HAVING THE, UM, COMPLAINTS THAT ARE MADE AT THE OPO TO GET THAT BACK ON TRACK? OR WHAT'S, WHAT'S THE PROCESS THAT, BECAUSE THAT WAS A IMPORTANT PART OF THE RESOLUTION? AGAIN, IT'S, IT'S MY UNDERSTANDING, AND AGAIN, THE LEGAL DEPARTMENT IS NOT HERE, AND I CAN'T SPEAK FOR THEM, BUT AGAIN, THE, UH, LEGAL DEPARTMENT IS MY UNDERSTANDING THAT THEY ARE EXPLORING OPTIONS, UM, TO MAKE THAT INFORMATION AVAILABLE.
BUT AGAIN, IT'S OUR UNDERSTANDING THAT, UM, DUE TO STATE LAW, WE'RE UNABLE TO POST THAT INFORMATION TO OUR WEBSITE.
THEREFORE, WE'VE, UM, AS YOU NOTED, UH, IN THE WORK GROUP, WE HAVE, UM, ATTEMPTED TO PROVIDE AS MUCH INFORMATION AS WE CAN.
SO WE'RE PROVIDING DATA IN TERMS OF LIKE THE NUMBER OF COMPLAINTS, UH, WHAT KIND OF COMPLAINTS WERE FILED, BUT WE'RE NOT ABLE TO PROVIDE THOSE REDACTED, UH, COMPLAINTS THAT WE WERE PREVIOUSLY, UM, POSTING TO OUR WEBSITE PRIOR TO THE MEETING CONFER EXPIRED.
I SAW COMMISSIONER BERNHARDT'S, UM, HAND GO UP.
I, I, I
UM, BUT I'VE READ CHAPTER 1 43, UM, AND, AND, UM, I DON'T BELIEVE THAT THAT'S WHAT IT SAYS
SO, UM, I, I DON'T, I DON'T AGREE WITH THAT POSITION.
AND IF THAT'S THE POSITION OF THE CITY.
SO, UM, WITH THAT, I'M GONNA JUST GO AHEAD AND GO TO COMMISSIONER BERNHARDT.
UM, YEAH, I'M, I'M HAVING A HARD TIME SORT OF, UH, COMING UP WITH A SHORTER SORT OF LIST OF QUESTIONS BECAUSE, UM, I'M AFRAID DIRECTOR MCCANN KIND OF EVERY TIME YOU ANSWER A QUESTION, IT RAISES LIKE 10 NEW QUESTIONS.
UM, AND THAT'S REALLY CONFUSING.
UM, AND I, I UNDERSTAND THAT WE'RE GETTING BACK TO THIS IDEA THAT THE GFI, UM, IS SOMEHOW SACRED AND THAT THE CITIZENS OF AUSTIN, UH, THROUGH, UM, A PROPOSITION CAN'T OPT OUT OF IT, UM, WHICH IS REALLY CONFUSING TO ME.
UM, SO I, BUT I HAVE A QUESTION ABOUT, I KNOW THAT, UM, YOU KNOW, THE 95% COMPLIANCE WITH PROPOSITION OR WITH, UH, UM, RESOLUTION 99, UM, UH, WAS BASED ON, UH, YOU KNOW, AGAIN, A WHOLE BUNCH OF DESCRIPTIONS OF RESOLUTION 99 THAT DIDN'T ACTUALLY USE THE LANGUAGE OF RESOLUTION 99 AND SEEMED TO CHANGE THE MEANING.
UH, FOR EXAMPLE, ON THE DESCRIPTIONS OF, OF ONE OF THE THINGS THAT SUPPOSEDLY IMPLEMENTED OF RESOLUTION 99 IS THE PHRASE OPO WILL CONDUCT PRELIMINARY INVESTIGATION ON QUALIFYING COMPLAINTS.
THAT LANGUAGE IS SUPPOSED TO BE DESCRIBING THE FOLLOWING SECTION OF RESOLUTION 99.
THE OPO WILL IMMEDIATELY BEGIN TO CONDUCT A PRELIMINARY INVESTIGATION FOR ALL COMPLAINTS DEFINED BY CITY CODE SECTION TWO DASH 15 DASH TWO SUB F, WHERE THE COMPLAINANT PROVIDES ENOUGH INFORMATION TO IDENTIFY THE INCIDENT IN EXISTING RECORDS, INCLUDING, BUT NOT LIMITED TO REVIEW OF BODY CAMERA FOOTAGE AND ANY AVAILABLE POLICE
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REPORTS AND FORCE INCIDENT REPORTS SUBJECT TO THE CJIS CERTIFICATION REQUIREMENTS.UM, WHAT'S THE QUALIFYING COMPLAINT? WHY WOULD YOU, WHY IS THERE A NARROWING OF WHAT RESOLUTION 99 SAYS, WHICH IS ALL COMPLAINTS, UM, TO SOMETHING CALLED A QUALIFYING COMPLAINT? LET ME SAY THAT THE OFFICE OF POLICE OVERSIGHT FIRST IS DOING A PRELIMINARY INVESTIGATION ON COMPLAINTS RECEIVED IN TERMS OF A QUALIFYING COMPLAINT.
SOMETIMES WE RECEIVE COMPLAINTS THAT ARE OUTSIDE OUR PURVIEW.
UM, INDIVIDUALS MAY MAKE COMPLAINTS, UM, AGAINST THE, UM, A STATE TROOPER, UM, WHICH IS, UH, OUTSIDE OUR PURVIEW.
IT'S, IT'S NOT A COMPLAINT THAT OUR OFFICE CAN, UH, INVESTIGATE OR DO A PRELIMINARY INVESTIGATION.
SO IT MAY BE OUTSIDE OF OUR, OUR JURISDICTION.
IT MAY BE A COMPLAINT AGAINST, UH, A RESOURCE OFFICER OR A COMPLAINT AGAINST AN OFFICER IN ANOTHER, UH, CITY, UH, ROUND ROCK OR LEANDER.
AND SO THOSE WOULD BE THOSE COMPLAINTS THAT WE CONSIDER, UM, THAT ARE NOT QUALIFIED FOR THE OFFICE OF POLICE OVERSIGHT TO CONDUCT AN INVESTIGATION.
ARE THERE ANY COMPLAINTS THAT ARE CONSIDERED NOT QUALIFYING FOR PRELIMINARY INVESTIGATION THAT FALL INTO ANY OTHER CATEGORIES EXCEPT A COMPLAINT ABOUT A LAW ENFORCEMENT OFFICER OR GOVERNMENT OFFICIAL WHO DOESN'T ACTUALLY WORK FOR THE CITY, OR A COMPLAINT THAT LACKS THE BASIC INFORMATION? UM, IN TERMS OF DATE, TIME, LOCATION, AND IDENTIFYING THE INVOLVED PEOPLE? ARE THERE ANY OTHER UNQUALIFY OR NON-QUALIFYING COMPLAINTS? N NOT THAT I CAN THINK OF AT THIS TIME.
AGAIN, IF WE HAVE A DATE, IF WE HAVE A TIME, IF WE HAVE A LOCATION AND WE HAVE THE ABILITY TO DO A PRELIMINARY REVIEW, WE ARE DOING A PRELIMINARY REVIEW ON ALL COMPLAINTS THAT ARE COMING INTO OUR OFFICE IF WE HAVE ENOUGH INFORMATION TO DO SO.
AND THIS IS ALREADY HAPPENING, LIKE THAT IS CORRECT.
EVERY PLACE, EVERY PLACE WHERE IT SAYS THAT PROPOSITION 99 IS BEING IMPLEMENTED, AND