Charter Review Commission proposes independent police monitor, Sunshine amendment for APD

Two amendments to the city charter related to police oversight were approved on a 5-0 vote by the Charter Review Commission last night. They are appended below.

Please email city council at austincitycouncil@aclutx.org. Ask them to place the police oversight charter amendments on the May 2002 ballot.  This one email will go to all Austin City Council members.

The first establishes an independent police monitor and civilian oversight board. City legal told city council last year the city charter forbade them from establishing an independent monitor.  This was first proposed at the March 8 hearing last year by Jackie Goodman.

The second amendment is an open records item that requires a bit of explanation -- it's essentially similar to the language related to police records in the Sunshine Project petition. Under the Texas civil service code, two personnel files are described. Cities "must" maintain a file where public records about discipline are kept, and "may" keep a second file where they can store records that become closed (Local Government Code 143.089 a-g). All civil service cities (about 70) including Austin use the two-file system to close as many files as possible, while the disciplinary files of the other 1,000+ police and sheriff's departments are governed by the more generous Texas Public Information Act (Government Code 552.108). By choosing to maintain only the mandatory file, the amendment would make records open at APD to the same extent they are presently open down the street at the Travis County Sheriff's Department. Sheriff Frasier testified to the POFG that open records requirements did not harm morale or hinder her ability to manage her department. 

Find below the text of the amendments unanimously supported by the Charter Review Commission:

Create an independent Police Monitor and Police Oversight Board

Article II, Section 9.5 POLICE MONITOR and OVERSIGHT BOARD.

The council shall appoint the Police Monitor, who shall serve at the pleasure of the council. The Police Monitor shall have such other duties and responsibilities as may be assigned by this Charter and the council. The council shall appoint the volunteer members of the police oversight board, which shall have such duties as may be assigned by the council and which shall be appointed according to such rules established by the council.

Establish open records for police complaints

Article IX, Section 3.5. CIVIL SERVICE PERSONNEL FILES.

The City of Austin shall not maintain an optional personnel file as authorized under the Texas Local Government Code Section 143.089(g) for employees of the Austin Police Department.