The status of police oversight provisions voters passed in May 2023 have been in limbo ever since.
AUSTIN (KXAN) — The status of police oversight provisions Austin voters passed in May 2023 has been in limbo ever since that vote.
One of the primary measures includes public access to what's called a g-file. A g-file is an internal, confidential file that contains complaints against police officers that have not been substantiated with evidence and did not result in any form of punishment.
The g-file is considered a major hurdle in contract negotiations between the City of Austin and the Austin police union, which opposes the release of g-file contents. The City and the Austin Police Association (APA) re-entered discussions for a long-term contract in March.
The Austin Police Department (APD) maintains a g-file for its sworn staff. Not all departments have one, only departments that are "143" cities, meaning cities that have voted to establish Fire Fighters' and Police Officers' Civil Service Commission.
Even though the public voted to make the contents of those files public, they're still kept confidential in Austin. The City's current legal stance is that it can't make the records public without a police contract, because that's something that's hashed out in that agreement. APD has been without a contract since Spring 2023.
Council Member Chito Vela, representing District 4, disagrees with the city's legal stance.
"My principal concern is that it has not been fully implemented, the g-file is still shielded from public access," he said. "The city may withhold those records, it also may not hold those records. Voters have chosen to give the public access to those records."
Vela discussed his opinion on the matter with KXAN in the video below. As a council member, he does not have the authority to make any changes to the city's current actions.
The APA opposes the release of g-file contents because they include complaints against officers even if there's no evidence to support said complaints.
"The biggest issue is that we are potentially creating a system, if all of this stuff is opened up to where we're allowing administrative violations to be weaponized against an officer, their personal lives, their careers, as well as their professional product, even though nothing came of it," APA President Michael Bullock said.
Bullock said the APA and the city are still actively negotiating a police contract.
A current lawsuit making its way through the courts is the primary lingering factor that could impact the g-file at this point, as the APA said it will not agree to a contract that allows the release of g-file contents. Advocacy group Equity Action filed the lawsuit against the City demanding the immediate implementation of all measures of the Austin Police Oversight Act, which includes the release of g-file contents.
That case is currently in the hands of a judge. There is no set timeline as to when the judge will make a decision.
