The City of Austin is poised to make substantial changes to the way it handles police personnel records, facing the aftermath of a state district judge's ruling that it was "unlawful" for the city to withhold certain records of police officers. These are the g-files, which contain misconduct complaints against officers that were not proven nor led to disciplinary action. Now, the city is tasked with complying with the Austin Police Oversight Act (APOA), approved by voters in May 2023, demanding the release of these files upon request under the Public Information Act – a move that has been long resisted.
As reported by KXAN, the recent judgment has spurred a series of discussions among city staff and involved parties on how to adhere to the court's decision. The judge’s order has indicated that city leaders have "unlawfully failed to perform their mandatory duty" with respect to the g-files, challenging the traditional confidentiality afforded to these records. Amidst the police contract negotiations that resumed this week, representatives for the Austin Police Association suggested omitting g-file-related clauses from the contract, citing that it should now be governed by a legal system.
A spokesperson for the city underscored the busy work behind the scenes, stating that "staff is currently having the necessary discussions related to the court’s decision" and that the city is evaluating "immediate next steps such as consultation with Council" and the logistical aspects of implementing the ruling. Details on the progress will be disclosed as soon as they become available.
According to a report by the Austin Monitor, the issue was complex given the array of protections provided to police officers under state law. Kathy Mitchell of Equity Action, the nonprofit that filed the lawsuit, emphasized the significance of the ruling stating, "The city should take a breath. It has now been told by a judge that it has been violating the law since May of last year." The decision has been hailed as a stride toward increased oversight and transparency within the department.
While the city and the Austin Police Department grapple with the ruling's implications, the decision has thrown a wrench into the ongoing negotiations on the police labor contract which had been approaching the finish line. These talks, which have been central in the current contract negotiations, must now navigate the altered landscape where the maintenance of g-files by the city is no longer a legal option. The tentative contract agreement, which parties anticipate to be reached soon, now hinges on the outcome of these complex deliberations.
