AUSTIN (KXAN) -- City of Austin staff and the parties involved in the current police contract negotiations have spent the week determining and discussing next steps now that a judge has ruled it is "unlawful" for the City to withhold certain police personnel records.
The records are called g-files. A g-file is an internal, confidential file that contains misconduct complaints against police officers that have not been substantiated with evidence and did not result in any form of punishment. These records are currently confidential.
Equity Action filed the lawsuit in December 2023, which demanded immediate implementation of all measures of the Austin Police Oversight Act (APOA), which voters passed in May 2023, including the release of g-file contents if citizens request such documents under the Public Information Act. But the files are still sealed.
A judge has now ruled on that lawsuit that city leaders "unlawfully failed to perform their mandatory duty to end the City of Austin’s use of the g file." During Wednesday's morning session of police contract negotiations between the Austin Police Association (APA) and the city's negotiating team, it was stated that "the City is moving toward compliance with that judicial ruling."
As of Wednesday afternoon, the city's law department could not comment further on what steps were being taken in that regard, so the primary question of the privacy-related future of these g-file records remains.
The latest from a city spokesperson is that "staff is currently having the necessary discussions related to the court’s decision, issued late Friday, on the G-file. We are working through the decision’s impact - including immediate next steps such as consultation with Council – its effect on negotiations, and logistical and technical ramifications. We will provide more details as soon as possible."
When the APA and the City's negotiating team resumed contract talks Monday afternoon, legal reps for APA suggested striking anything related to the g-file from the contract, given the new court ruling, stating "it'll be whatever the legal system says it is."
The City's team said it would evaluate the idea and is "trying to figure out what's best for both parties in regards to future uncertainly on this legal issue."
For months, the g-file remained a sticking point during these negotiations.
Sources involved in the negotiations process tell KXAN they expect a tentative contract agreement to be reached "soon." The Austin Police Department has been without a contract since March 2023.
