Lawsuit alleges Austin needs to do more to implement Prop A, police oversight referendum

The controversy of just how fast and how well the city of Austin can implement voter-approved police oversight might be heading to the courts.

Equity Action, a group of police reform activists who put Proposition A on the ballot in May, filed the lawsuit on Tuesday against multiple city leaders, including interim City Manager Jesús Garza, interim Austin Police Chief Robin Henderson and Office of Police Oversight Director Gail McCant, claiming that the three had failed to “enforce the essential provisions” of the policy. Prop A restored the responsibilities of police accountability and transparency to the Office of Police Oversight when voters resoundingly approved it in May. The civilian office had previously lost this authority in court arbitration in 2021.

“This suit is solely to get the policy enacted. We would like to see a strengthened oversight system, increased transparency,” said Chris Harris, an Equity Action board member. “We believe that those two things will result in greater accountability and ultimately deter police misconduct and brutality.”

In a statement, Garza defended city staff efforts to implement the new policy.

“I am proud of their work,” he said. “The outstanding question — regarding whether the historically confidential APD personnel files should be made public — is an important and delicate one. For that reason, we welcome the lawsuit. It will allow the courts to weigh in on this important issue.”

Among many things, the referendum gave the office power to interview witnesses to gather evidence for misconduct allegations; make recommendations on police chief discipline; and serve as the “central depository” of police records related to the outcomes of officer discipline.

Proponents of the proposition have accused the city of not acting fast enough to ensure the office’s powers for many months. The Austin City Council passed a measure in September meant to speed up the implementation.

In a Nov. 21 Office of Police Oversight meeting, McCant, the office director, said her office was 82% in compliance with Prop A. She also said it is in the process of hiring investigators.

Part of the slowdown appears to come from the city’s concerns that state law prohibits some parts of proposition, including aspects related to making some police records available to civilians.

That, Harris said, is why one of the points of contention between the city and Equity Action revolves around so-called G-files: personnel files made by a city’s fire or police department about an employee that is kept out of public view.

Chapter 143 of the state’s local government code says that the cities “may” keep G-files. It allows them to place documents "relating to alleged misconduct" in these files if "the employing department determines that there is insufficient evidence to sustain the charge of misconduct" against the employee.

Advocates of police accountability believe that the continuation of G-files makes oversight work — and the city’s current oversight office — ineffective because they keep information about investigations and disciplinary action within the Police Department out of the public view. They believe that Prop A requires the city to mandate the department to eliminate this policy.

The Austin Chronicle reported that the city has refused to do so, saying it is the sole discretion of the police chief whether to eliminate their use within the department. The Office of Police Oversight did not immediately confirm whether that was correct when asked by the American-Statesman.

Harris said the lawsuit also intends to put pressure on the city’s police oversight office to act more thoroughly and responsibly to community concerns.

He said Equity Action wants the office to communicate with community members who file complaints throughout the investigation process and at its conclusion. They also want to ensure that the office keeps producing public reports, recommendations, discipline reports and public comments from the city’s police chief.

This article originally appeared on Austin American-Statesman: Lawsuit claims Austin hasn't fully enforced police oversight referendum