Judge says city leaders 'failed to end' APD's 'g-files'

AUSTIN (KXAN) — A Travis County district court judge ruled Friday that the City of Austin acted unlawfully by not ending its practice of withholding certain police records called "g-files" from the public, according to a court order from a Travis County district judge.

A g-file is an internal, confidential file containing complaints against police officers that have not been substantiated with evidence and did not result in any form of punishment.

Equity Action filed the lawsuit in December 2023, which demanded immediate implementation of all measures of the Austin Police Oversight Act, including the release of g-file contents if citizens request such documents under the Public Information Act.

After voters passed the Austin Police Oversight Act in May 2023, g-files were still kept confidential in Austin. The City previously said it can’t make the records public due to its contract with the Austin Police Association.

But the new order from Travis County District Court Judge Maria Cantú Hexsel stated that Austin City Manager T.C. Broadnax and APD Police Chief Lisa Davis "have unlawfully failed to perform their mandatory duty to end the City of Austin’s use of the 'g file.'"

The initial lawsuit had previously named former interim City Manager Jesús Garza and former interim Police Chief Robin Henderson, the predecessors of Broadnax and Davis, in their offical capacities.

Hexsel denied Equity Action's request for a permanent injunction against the use of "g files," but left the door open for the group to later request a temporary injunction. The Judge noted that a permanent injunction could be granted after "a trial on the merits."

Austin Police Association Vice President of Communications Christopher Irwin said that the association is waiting to see the City's actions moving forward. APA previously said it opposes the release of g-file contents because they include complaints against officers, even if there’s no evidence to support said complaints.

The City of Austin released a statement about the decision Saturday.

"We appreciate the court’s time and attention to this matter. We are currently reviewing the decision and will have discussions with City leaders on potential next steps in the coming days."

City of Austin statement

Equity Action members also released statements about the ruling, calling it 'a momentous day for Austin.'

“Today a judge ruled the city was breaking the law and should end the ‘g-file’ system, the discretionary system used to keep records of police misconduct secret. We hope the sunlight offered through the full, forthcoming implementation of the Austin Police Oversight Act will bring about the meaningful deterrent to police misconduct and brutality our city voted for back in 2023," said Equity Action board member Alycia Castillo in a statement.