[00:00:08]
WE HAVE A MAJORITY OF THE COUNCIL PRESENT AT AUSTIN CITY HALL IN THE COUNCIL CHAMBERS AT 3 0 1 WEST SECOND STREET MEMBERS.
I'M GONNA JUST LAY OUT WHAT, UH, I SEE THE ORDER OF THE DAY BEING, AND, AND THEN WE'LL, UM, WE'LL, WE'LL GO TO THAT.
I'VE NOW CALLED THE ORDER OF THE WORK SESSION, BUT I'M GOING TO IN PRETTY RAPID FASHION, RECESS THAT WORK SESSION SO THAT, UH, CHAIR VELA MAY CALL TO ORDER THE AUSTIN ENERGY OVERSIGHT COMMITTEE AND WE WILL FIRST MEET AS THAT COMMITTEE OF THE WHOLE AND ALLOW HIM TO, UH, CONDUCT THAT MEETING.
WHEN THAT MEETING IS COMPLETED, I WILL CALL BACK TO ORDER THE AUSTIN CITY COUNCIL WORK SESSION, AND THE ORDER THAT WILL GO IN IS PRETTY MUCH THE AGENDA THAT HAS BEEN POSTED.
WE WILL TAKE UP THE ONE PULLED ITEM, WHICH IS ITEM 1 0 3, AND I WILL RECOGNIZE AT THE TIME COUNCIL MEMBER SIEGEL TO, UM, LAY OUT, UH, THAT AS THE PERSON THAT PULLED THAT ITEM, THEN WHAT WE WILL DO IS GO IN THE ORDER THAT YOU SEE, UH, IN TERMS OF EXECUTIVE SESSIONS, UH, WE'LL TAKE UP E ONE FIRST.
I ANTICIPATE THAT THAT ONE RELATED TO THE CITY CLERK WILL BE A VERY SHORT, UH, EXECUTIVE SESSION.
AND WE WILL JUST FOLLOW THEN, UH, THROUGH THE EVALUATIONS THAT HAVE HAVE BEEN POSTED.
SO, WITH THAT, UNLESS THERE ARE QUESTIONS, OH, LET ME, FOR, UH, CHECK, UH, WITH THE CITY CLERK'S OFFICE AND FOR THE RECORD, ESTABLISH THAT THERE IS NO ONE THAT HAS SIGNED UP TO SPEAK ON ANY ITEMS ON THE WORK SESSION.
WE HAVE NO ONE SIGNED UP TO SPEAK, UM, AS PART OF PUBLIC COMMENT ON ANY OF THE ITEMS ON THE WORK SESSION.
SO UNLESS COUNCIL MEMBERS HAVE ANY QUESTIONS OR OBJECTIONS, UH, WE WILL, WITHOUT OBJECTION, RECESS, THE WORK SESSION OF THE AUSTIN CITY COUNCIL AT 9:02 AM AND I WILL TURN THINGS OVER.
AND I'LL TURN IT BACK OVER TO THE MAYOR.
UH, I'LL CALL BACK TO ORDER THE WORK SESSION MEETING OF THE AUSTIN CITY COUNCIL AT 10 47.
[E. Executive Session]
WILL NOW GO INTO CLOSED SESSION TO TAKE UP FOUR ITEMS PURSUANT TO SECTION 5 51 0 7 4 OF THE TEXAS GOVERNMENT CODE.THE CITY WILL DISCUSS PERSONNEL MATTERS RELATED TO ITEM E ONE, DISCUSS PERSONNEL ISSUES RELATED TO THE APPOINTMENT OF THE CITY CLERK.
THESE ARE PERSONNEL MATTERS PURSUANT TO SECTION 5 51 0 7 4 OF THE GOVERNMENT CODE.
ITEM E TWO, EVALUATE THE PERFORMANCE OF AND CONSIDER COMPENSATION AND BENEFITS FOR THE CITY MANAGER.
AGAIN, THAT IS A PERSONNEL MATTER PURSUANT TO 5 51 0.074 OF THE GOVERNMENT CODE.
ITEM E THREE, EVALUATE THE PERFORMANCE OF AND CONSIDER COMPENSATION AND BENEFITS FOR THE MUNICIPAL COURT CLERK.
AGAIN, UNDER ITEM 5 51, UH, UNDER TEXAS GOVERNMENT CODE SECTION 5 51 0 7 4.
AND ITEM E FOUR, EVALUATE THE PERFORMANCE AND CONSIDER COMPENSATION AND BENEFITS FOR THE CITY AUDITOR UNDER SECTION 5 51 0.074 OF THE GOVERNMENT CODE FOR MEMBERS OF THE PUBLIC.
WE WILL GO IN, WE WILL TAKE CARE OF ALL THESE ITEMS, AND AT THE END OF THAT, WE WILL COME BACK BECAUSE WE WILL HAVE, UH, AN ITEM THAT HAS BEEN PULLED AND, AND WE WILL TAKE THAT ITEM UP.
SO IS THERE ANY OBJECTION GOING INTO GOING INTO THE EXECUTIVE SESSION ON THE ITEMS ANNOUNCED? HEARING NONE, THE CITY COUNCIL WILL NOW GO INTO EXECUTIVE SESSION AT 10:48 AM THANKS EVERYBODY.
IT'S 1:06 PM ON MARCH 25TH, 2025.
WE HAVE CONCLUDED OUR DISCUSSION OF PERSONNEL MATTERS RELATED TO ITEMS E ONE, E TWO AND E THREE.
SO WE ARE OUT OF THE CLOSED SESSION AND WE WILL
[A. Pre-Selected Agenda Items]
NOW TAKE UP, UH, THE PRESELECTED AGENDA ITEMS. WE HAVE ITEM ONE OH THREE[00:05:01]
AND I WILL CALL ON COUNCIL MEMBER SIEGEL.AND I'LL, UH, GIVE STAFF A COUPLE SECONDS TO COME DOWN.
UM, SO I JUST WANNA SHARE WITH MY COLLEAGUES THAT, UH, MY OFFICE MADE THE DECISION TO PULL THIS ITEM AFTER IT WAS ADDED TO THE ADDENDUM LATE LAST WEEK, UH, WHICH KIND OF GAVE US A SHORT TIMELINE TO FIGURE OUT WHAT PUBLIC DISCUSSION WOULD BE NEEDED BEFORE OUR VOTE THIS COMING THURSDAY.
AND I WAS ABLE TO SPEAK WITH SOME OF, UH, OUR OFFICE FELLOW COUNCIL OFFICES YESTERDAY AND TO GET CONTEXT FROM STAFF, UM, ABOUT THE PILOT PROGRAM, THE PENDING AUDIT, AND I THINK THE BELIEF BY SEVERAL OF MY COLLEAGUES THAT WE NEED TO LET THIS PILOT PLAY OUT, UH, AND GET THE RESULTS OF THE AUDIT BEFORE WE MAKE A FINAL DECISION ON WHETHER TO MAKE THE A LPR PROGRAM PERMANENT.
AND I DEFINITELY RESPECT THAT KIND OF WAIT AND SEE ATTITUDE.
UM, BUT WITH THAT SAID, THE REASON I PULLED THIS ITEM AS SOMEONE WHO FOLLOWED THIS DEBATE, UH, FROM OUTSIDE OF CITY HALL, IS THAT I'M CONCERNED WITH HOW OUR CITY'S PARTICIPATION IN, FRANKLY, A MASS SURVEILLANCE PROGRAM SUCH AS AUTOMATED LICENSE PLATE READERS COULD N NEGATIVELY IMPACT OUR COMMUNITY, AND IN PARTICULAR, SOME OF THE MOST VULNERABLE SEGMENTS OF OUR COMMUNITY, INCLUDING IMMIGRANTS, UH, PEOPLE SEEKING REPRODUCTIVE CARE, PEOPLE SEEKING GENDER AFFIRMING CARE AND MORE.
AND I THINK THAT, UH, MYSELF, BUT ALSO MANY PEOPLE IN THIS COMMUNITY BELIEVE THAT WHAT IS HAPPENING RIGHT NOW IN WASHINGTON DC IS UNIQUE IN UNITED STATES HISTORY FOR FEDERAL LAW AND THE UNITED STATES CONSTITUTION BY THE CURRENT ADMINISTRATION.
AND SO I WOULD SAY THAT THINGS HAVE CHANGED, UH, SINCE THE CITY COUNCIL LAST CONSIDERED THIS POLICY.
IN PARTICULAR, WHAT HAS CHANGED IS HOW FEDERAL POWER IS BEING WEAPONIZED AGAINST MANY COMMUNITIES.
AND SO, ONE EXAMPLE IS WE SEE THE FEDERAL GOVERNMENT USING ITS IMMIGRATION AUTHORITY TO DEPORT LEGAL RESIDENTS WHO ENGAGE IN POLITICAL PROTESTS.
UH, MAHMUD KHALIL IS A GREEN CARD HOLDER WHO, UH, WAS LIVING IN THE STATE OF NEW YORK.
HE WAS ARRESTED AND SENT TO A PRIVATELY RUN ICE DETENTION FACILITY IN LOUISIANA BECAUSE HE PARTICIPATED IN POLITICAL PROTESTS IN SUPPORT OF PALESTINE.
UH, WE SEE THE FEDERAL GOVERNMENT RETALIATING AGAINST JUDGES, LAW FIRMS, NONPROFITS, OTHERS WHO ARE OPPOSED TO CURRENT FEDERAL POLICY.
WE SEE THE ATTORNEY GENERAL OF THE UNITED STATES SAYING THAT IF YOU PRO PROTEST AGAINST TESLA OR ELON MUSK, THE GOVERNMENT CAN DECLARE YOU A GOVERNMENT, SORRY, A DOMESTIC TERRORIST.
SO MY CONCERNS ARE REGARDING THIS POLICY ARE BASICALLY BASED IN CIVIL LIBERTIES.
AND, UH, YOU KNOW, TO THE EXTENT WE'RE POTENTIALLY FUNDING A SURVEILLANCE PROGRAM THAT CAN BE CAPTURED OR COMMANDEERED BY THE SAME FEDERAL GOVERNMENT THAT IS REPRESSING RIGHTS AND ATTACKING OUR COMMUNITY MEMBERS.
SO THAT IS WHY I PULLED THIS ITEM, THE CONTEXT, AND I WANNA THANK THE ASSISTANT CHIEF, UH, GREENWALT FOR BEING HERE, UH, AND FOR SPEAKING WITH MY STAFF ABOUT THIS.
AND SO, UM, I WANTED TO GO OVER A FEW SCENARIOS THAT YOU DISCUSSED WITH MY STAFF YESTERDAY ABOUT HOW THIS PROGRAM, UH, INTERSECTS WITH OUTSIDE LAW ENFORCEMENT AGENCIES.
FOR EXAMPLE, OUR STATE HAS CRIMINALIZED AND CREATED, UH, FELONY ABORTION CRIMES.
SO IF A STATE AGENCY SUCH AS DPS ASKS FOR DATA RELATING TO AN INVESTIGATION OF A, YOU KNOW, AN ABORTION CRIME OR ALLEGED CRIME, UH, ISN'T IT TRUE THAT THAT DATA WOULD BE PROVIDED TO THE STATE AGENCY? SO WE HAVE, UM, A PROFESSIONAL COURTESY THAT WE WOULD PROVIDE A LOT OF DIFFERENT DATA THAT DIFFERENT AGENCIES WOULD, UM, REQUEST.
HOWEVER, WITH THE LICENSE PLATE READER SPECIFICALLY, UM, THERE'S A NON-DISCLOSURE AGREEMENT THAT WE MAKE EVERY OTHER LAW ENFORCEMENT AGENCY SIGN FOR EVERY SINGLE REQUEST THAT THEY PUT IN.
AND IN THAT NON-DISCLOSURE AGREEMENT, IT SPECIFICALLY SAYS WHAT THEY CAN AND CANNOT USE THE INFORMATION FOR THE CRIMINAL, UH, OFFENSE THAT THEY'RE INVESTIGATING.
IF IT DOESN'T FALL IN LINE WITH OUR POLICIES, WE CAN ACTUALLY WITHHOLD IT.
I THINK YESTERDAY, I, I INFORMED YOUR CHIEF OF STAFF THAT WE'RE GONNA TURN OVER ALL INFORMATION TO OTHER LAW ENFORCEMENT AGENCIES.
THE ONLY AGENCY THAT WE'RE REQUIRED ACTUALLY UNDER LAW TO PROVIDE THAT INFORMATION TO WOULD BE, UH, IMMIGRATION CUSTOMS ENFORCEMENT ICE.
BUT IF IT WAS THE STATE FOR ABORTION PURPOSES, WE WOULD NOT BE REQUIRED TO TURN THAT OVER.
SO, BUT IN REGARD TO IMMIGRATION OFFENSES, LIKE FOR EXAMPLE, THERE'S A FELONY OFFENSE FOR UNLAWFUL REENTRY.
UH, IF A STATE AGENCY OR FEDERAL AGENCY REQUESTED THAT INFORMATION, WE WOULD BE REQUIRED TO PROVIDE IT BY LAW.
AND THEN COULD A LAW ENFORCEMENT AGENCY CONTINUALLY REQUEST DATA RELATING TO LICENSE PLATE? UM, YOU, YOU KNOW, A READER HITS, UH, I UNDERSTAND WE HAVE A SEVEN DAY PERIOD WHERE WE RETAIN THIS INFORMATION, BUT ISN'T IT TRUE THAT, UH, A LAW ENFORCEMENT AGENCY COULD BASICALLY RENEW A REQUEST EVERY SEVEN DAYS TO CONTINUALLY RECEIVE SUCH INFORMATION? NOTHING WOULD PREVENT THEM FROM DOING THAT.
I THINK IT'S WORTH NOTING THAT IN THE 12 MONTHS THAT WE'VE HAD THE PILOT PROGRAM, WE'VE HAD TO ABSOLUTELY ZERO REQUESTS FROM ANY OUTSIDE LAW ENFORCEMENT AGENCY FOR ANY OF OUR DATA WHATSOEVER.
AND THEN WHEN AN AGENCY REQUESTS THE DATA, UM, WHAT KIND OF DETAIL DO THEY HAVE TO BE, DO THEY HAVE TO PROVIDE ABOUT ALLEGED CRIMES?
[00:10:01]
UH, THEY HAVE TO TELL US THE TYPE OF CRIME AND PROVIDE THE CASE NUMBER.THEIR CASE NUMBER THAT THEY'RE INVESTIGATING HAS TO BE A CRIMINAL OFFENSE AND NOT A CIVIL OFFENSE.
BUT IT COULD BE A, UH, CLASS A MISDEMEANOR OR IT COULD BE SOME OF THE LOWER MISDEMEANORS THAT ARE, THAT ARE SPECIFIED IN A PD POLICY? THAT'S CORRECT.
AND THEN, UM, I GUESS THE OTHER KIND OF AREA I WANTED TO EXPLORE A LITTLE BIT IS, UM, HOW POTENTIALLY AL PRS RELATE TO PRETEXT STOPS BY OUR LOCAL POLICE.
UH, FOR EXAMPLE, IF AN OFFICER IS USING A, A LICENSE PLATE READER, UM, WILL THE A LPR NOTIFY THE OFFICER OF A MATCH WITH ANY LICENSE PLATE THAT IS IN A, A NATIONAL OR STATE DATABASE, NCIC OR TCIC REGARDLESS OF THE REASON THAT THE PLATE IS IN THOSE DATABASES? YES, AS LONG AS THE PLATE HAS BEEN LISTED INTO N-C-I-C-T-C-I-C, THEY'LL RECEIVE AN ALERT INSIDE THE VEHICLE AND IT IS UP TO THE OFFICER TO LOOK AT THAT PARTICULAR OFFENSE AND WHY THAT VEHICLE IS ENTERED TO KNOW WHETHER OR NOT THEY CAN TAKE ACTION BASED ON OUR POLICY.
SO OUR POLICY WOULD LI WOULD LIMIT THE OFFICER FROM, UM, MAKING A STOP BASED ON THE HIT IF IT'S NOT ONE OF THE SPECIFIED OFFENSES? THAT'S CORRECT.
BUT OUR POLICY WOULD NOT STOP THE OFFICER FROM EXAM, FOR EXAMPLE, FOLLOWING THAT VEHICLE AND FINDING ANOTHER REASON TO PULL THAT, THAT VEHICLE OVER WHETHER IT WAS A, YOU KNOW, RUNNING A RED LIGHT OR SOMETHING OF THAT NATURE.
SO THAT WAS THE FIRST TIME THAT QUESTION WAS POSED TO US.
WE'VE BEEN, UM, ENGAGED WITH A LOT OF DIFFERENT COUNCIL MEMBERS OVER THE LAST PROBABLY TWO AND A HALF YEARS ON THIS TOPIC IN THE COMMUNITY.
AND THAT SPECIFIC SCENARIO WAS BROUGHT UP FOR THE FIRST TIME YESTERDAY.
IT'S NOT SPECIFICALLY OUTLINED IN POLICY, BUT I THINK THE SPIRIT CLEARLY SAYS WE'RE NOT SUPPOSED TO TAKE LAW ENFORCEMENT ACTION BASED ON THE LPR HIT.
SO I WOULD STILL ARGUE, UM, THAT THAT WOULD BE A VIOLATION OF POLICY.
THE TRAINING THAT WE PUT OUR OFFICERS THROUGH, UH, VERY CLEARLY EXPLAINS TO THEM THAT NEGATIVE OUTCOMES FROM THE USE OF THIS SYSTEM COULD REVOKE THE ENTIRE SYSTEM, US BEING ABLE TO USE THE ENTIRE SYSTEM ENTIRELY.
SO I THINK THAT THE, THE BOUNDARIES SO TO SPEAK, HAVE BEEN CLEARLY LAID OUT FOR OUR OFFICERS AND THEY KNOW WHAT THEY CAN AND CAN'T DO.
JUST TO KINDA EXPLAIN A LITTLE MORE, YOU KNOW, OUR CONCERN IS, FOR EXAMPLE, OUR, I THINK OUR MUNICIPAL COURT HAS SOMETHING LIKE 66,000 OUTSTANDING WARRANTS.
AND THE VAST, VAST MAJORITY OF THEM ARE FOR UNPAID PARKING TICKETS, YOU KNOW, CLASS C MISDEMEANORS.
AND SO ESSENTIALLY THERE'S A WHOLE CLASS OF WARRANTS OUT THERE THAT COULD, YOU KNOW, TRIGGER A HIT THAT ARE BASICALLY PEOPLE THAT CAN'T AFFORD TO PAY A PARKING TICKET.
AND SO, AND THOSE DON'T MAKE IT TO TCIC, THOSE, THOSE MIGHT BE IN SOME SORT OF LOCAL DATABASE.
BUT THOSE DON'T MAKE IT TO TCIC.
WE DON'T PUT THOSE IN OUR HOT, OUR LOCAL HOT LIST EITHER.
UM, BUT THERE ARE OFFENSES, FOR EXAMPLE, FOR EXAMPLE, OUR CITY HAS DECIDED TO, UH, DEPRIORITIZE ENFORCEMENT OF LOW LEVEL MARIJUANA POSSESSION OFFENSES.
AND SO, YOU KNOW, SOME OF THOSE MISDEMEANORS COULD TRIGGER A HIT IN THE A LPR PROGRAM.
UM, AND SO I GUESS MY OFFICER'S CONCERN IS THAT THOSE PEOPLE THAT ARE, ARE IN THAT DATABASE OR, OR GET THAT HIT, WOULD BE SUBJECT TO INCREASED, YOU KNOW, ENFORCEMENT, YOU KNOW, UH, STOPS OF THAT NATURE.
AND I THINK IT'S AN IMPORTANT DISTINCTION TO MAKE THAT THE LPR IS NOT GONNA REGISTER A HIT BASED ON A PERSON'S NAME.
IT'S GONNA REGISTER A HIT BASED ON THE LICENSE PLATE.
AND FOR CLASS B MISDEMEANOR, ESPECIALLY LOW LEVEL DRUG OFFENSES, IT'S NOT, IT IS NOT TECHNICALLY IMPOSSIBLE, BUT FOR AN OFFICER, A DETECTIVE, AN INVESTIGATOR TO NOT ONLY ENTER THE PERSON'S NAME INTO TCIC AS WANTED, BUT THEN ALSO TRACK DOWN THE VEHICLE THEY'RE DRIVING AND ALSO ENTER THAT INTO N-C-I-C-T-C-I-C.
THERE'S NOTHING THAT PREVENTS THEM FROM DOING IT.
BUT TECHNICALLY SPEAKING, THE LPR SYSTEM IS LOOKING AT PLATES THAT ARE IN PUBLIC.
THEY'RE NOT LOOKING FOR ACTUAL NAMES.
UM, I DON'T HAVE FURTHER QUESTIONS FOR, FOR THE, UH, MEMBERS.
CHIEF, ANY ADDITIONAL QUESTIONS ON THIS ITEM? ALRIGHT, THANK YOU COUNCILOR.
UH, MEMBERS, THOSE ARE ALL THE ITEMS THAT WE HAVE ON THE AGENDA FOR THIS WORK SESSION.
UH, SO WITHOUT OBJECTION, THE UH, CITY COUNCIL WILL BE ADJOURNED IN THE CITY COUNCIL WORK SESSION AT 1:15 PM WE ARE ADJOURNED.