2023 Annual Report

Annual
Report
2023
A
U
S
T
I
N
C
I
T
H
A
L
OF
A
CITY
OFFICE OF
POLICE OVERSIGHT
FOUNDED
1839
OFFICE OF POLICE OVERSIGHT 2023 ANNUAL REPORT
TABLE OF CONTENTS
MESSAGE FROM THE DIRECTOR
2
ABOUT OPO
3
MISSION
3
VISION
3
WHO WE ARE
3
WHAT WE DO
3
2023 SUMMARY
4
COMPLAINTS DIVISION
5
How did OPO process complaints in 2023?
7
Allegations by type (2023)
8
How did APD classify complaints in 2023?
16
How did OPO monitor complaint investigations conducted by APD?
17
How many complaints were investigated in 2023?
18
What happened at the end of an investigation?
18
What Discipline Did APD Issue In 2023?
21
What kind of discipline did APD issue in 2023?
21
What were officers disciplined for in 2023?
22
POLICY & RESEARCH DIVISION
25
COMMUNICATIONS & COMMUNITY ENGAGEMENT DIVISION
26
Documents Related to Lawsuits Alleging Officer Misconduct
27
Community Engagement
27
Town Hall on Public Safety: People with Disabilities and Policing
28
Quarterly Police Oversight Implementation Workgroup
28
Automated License Plate Reader Community Feedback
28
Community Police Review Commission
28
CONCLUSION
29
1
OFFICE OF POLICE OVERSIGHT 2023 ANNUAL REPORT
MESSAGE FROM THE DIRECTOR
2023 was a year of transition for the Office of Police Oversight (OPO). Nevertheless, the OPO staff
demonstrated flexibility and resiliency in managing all the changes and staying focused on the
mission.
The meet and confer agreement with the Austin Police Association expired on March 31, 2023. I
was appointed interim Director in June 2023, just weeks after voters approved a measure
amending City Code Chapter 2-15 and placing the authority for the Community Police Review
Commission in the City Code. This measure showed a strong community commitment to
transparency and accountability. I was officially appointed permanent director in September
2023. Since my appointment, the Office of Police Oversight has diligently worked to align its
policies and practices with the new measures.
The Office of Police Oversight wholeheartedly believes that achieving meaningful change involves
a comprehensive strategy that extends beyond just addressing complaints of police misconduct.
We are committed to driving enduring enhancements for both the community and the police
force through our emphasis on thorough data research, policy innovation, and active community
engagement. With three dynamic divisions working in unison, OPO is unwavering in its
commitment to positive transformation that cultivates trust and accountability.
We are enthusiastic about our progress and remain dedicated to further enhancing our impact.
To that point, we have made staff changes to align with our commitment to provide timely, fair,
and thorough investigations for those we serve. This included hiring three Complaint Specialists,
two Complaint Investigators, and a Complaints Supervisor. The Complaints team has worked to
align the complaints processes with the Oversight Act.
One of the significant changes you will identify in the 2023 annual report is aligning the definition
of "investigation" with the Austin Police Oversight Act. The Austin Police Oversight Act defines an
investigation as collecting and reviewing evidence related to a complaint, incident or an
administrative review of an officer's conduct. As a result, OPO aligning its definition of
"investigation" with the definition outlined in the Oversight Act, as well as conducting preliminary
investigations, we anticipate an increase in the number of complaints investigated by the APD
Internal Affairs Division (IAD) compared to previous years.
OPO's dedicated staff will continue collaborating with stakeholders to drive change and improve
trust among those we serve.
GAIL MCCANT
Director, Office of Police Oversight
2
OFFICE OF POLICE OVERSIGHT 2023 ANNUAL REPORT
ABOUT OPO
The Office of Police Oversight (OPO) provides independent, impartial oversight over the Austin
Police Department (APD).
OPO conducts administrative investigations of alleged misconduct involving Austin Police
Department (APD) sworn employees, makes disciplinary and policy recommendations to the City
Manager and APD, and engages the community through presentations and outreach. OPO is
comprised of three divisions and twenty civilian staff.
MISSION
To provide impartial oversight of the Austin Police Department's conduct, practices, policies to
enhance accountability, inform the public to increase transparency, and create sustainable
partnerships throughout the community.
VISION
To enhance a culture of accountability and transparency within policing in Austin.
WHO WE ARE
The Office of Police Oversight is an independent body distinct from the Austin Police Department,
yet it maintains a shared relationship with the department's Chief of Police and Internal Affairs
Division. This association ensures robust accountability, transparency, and community
engagement in the oversight of policing activities.
WHAT WE DO
Research ongoing issues related to policing.
Gather and synthesize national best practices in policing.
Analyze APD's General Orders, training, and procedures and offer recommendations for
improvement.
Review, classify, and investigate allegations of officer misconduct and offer actionable
recommendations to deter and prevent future misconduct.
Inform the public to increase transparency.
Create sustainable partnerships throughout the community.
3
OFFICE OF POLICE OVERSIGHT 2023 ANNUAL REPORT
2023 SUMMARY
On March 31, 2023, the Meet and Confer agreement between the City of Austin and the Austin
Police Association expired. Without a Meet and Confer agreement, the OPO had to revert to
following Texas Local Government Code 143.
On March 30, 2023, interim City Manager Jesús Garza issued a memorandum regarding OPO's
processes following the contract expiration. The purpose of this memorandum was to provide
direction on the operations of the Office of Police Oversight after the Meet and Confer agreement
with the Austin Police Association expired on March 31, 2023.
On April 18, 2023, interim City Manager Jesús Garza issued an updated memorandum regarding
the OPO. The memorandum was not intended to be an exclusive list of the OPO's responsibilities
but instead addressed several areas where OPO operations directly interface with APD operations.
Similarly, this memorandum did not list all OPO's duties but focused on some of the topics that
were of interest to the City Council and likely to be of interest to the public.
On April 28, 2023, interim City Manager Jesús Garza issued an updated memorandum regarding
the temporary suspension of the Community Police Review Commission.
On May 6, 2023, voters approved the passage of Proposition A, which amended City Code Chapter
2-15 and placed the authority for the commission in City Code. These amendments became
immediately effective on May 16, 2023 with the canvassing or confirmation of the election results.
On May 17, 2023, interim City Manager Jesús Garza issued a memorandum announcing updates
regarding the passage of Proposition A, also known as the Austin Police Oversight Act, and the re-
establishment of the Community Police Review Commission under the new provisions of Chapter
2-15, as amended by Proposition A.
On June 26, 2023, interim City Manager Jesús Garza issued the final memorandum related to OPO
activities. This memorandum provided an update on the implementation of Ordinance No.
20230223-061 and the Proposition A ordinance approved by Austin voters in May as they relate to
the Office of Police Oversight.
On September 18, 2023, the Office of Police Oversight director, Gail McCant, issued a
memorandum to provide updates on operations following the passage of Proposition A. Namely,
several internal staffing changes were made to execute the mandates of the new ordinance. Two
new positions for complaint investigators were created, and an existing vacant position was
reclassified to become a complaint supervisor. The memorandum also described the ongoing work
of the Complaints, Policy and Research, and Communications and Community Engagement
divisions.
4
OFFICE OF POLICE OVERSIGHT 2023 ANNUAL REPORT
COMPLAINTS DIVISION
OPO's Complaint Division accepts complaints and compliments regarding the conduct of the Austin
Police Department (APD) officers.
There are several ways community members can submit complaints or compliments to the Office
of Police Oversight.
1. Verbally through the Complaint & Compliments line @ (512) 972-2676
2. In-person complaint intake hours 9 a.m.-4 p.m.
3. Electronically via e-mail
4. In writing via U.S. mail (P.O. Box 1088, Austin, TX 78767)
Who can file a complaint?
Any community member can file a complaint against an APD sworn police officer as a result of their
interaction with an officer or on behalf of another community member. The community member
can file their complaint in-person at OPO, telephonically, on OPO's website, or through the U.S.
Mail. The community member can also choose to remain anonymous.
What is a contact?
A contact refers to any incoming communication from a community member. A contact may be
further categorized by the type of feedback provided by the community member. When referring
to negative feedback, OPO uses the term complaint, and when referring to positive feedback, OPO
uses the term compliment.
What is a compliment?
A compliment is positive feedback received from community members who want to recognize an
APD sworn police officer(s) for the manner they interacted with the community member and / or
for the manner they addressed their concern or situation. OPO will take a detailed statement from
the community member and forward it to the officer's Chain of Command through APD's Internal
Affairs Division (IAD).
What is a complaint?
A verbal or written communication alleging that an officer acted improperly and may have violated
any law, policy, rule or agreement governing the actions of any police officer while employed at
the Austin Police Department. Allegations can vary from impartial attitude to excessive use of force.
The Austin Police Department has several policies that the Office of Police Oversight references to
determine whether a violation occurred. A complaint may be further categorized as a community
concern, a supervisory referral, or a formal complaint.
5
OFFICE OF POLICE OVERSIGHT 2023 ANNUAL REPORT
What is an external complaint?
The OPO is authorized to make classification recommendations only for external complaints, which
are complaints that originate from contacts made to the OPO. In contrast, internal complaints are
those initiated by APD.
What is a community concern?
Community concerns are external complaints that do not rise to the level of a policy violation or
where the complainant only wants to have their interaction with an Austin Police Department
(APD) sworn police officer documented or there is insufficient information to identify the event or
officer(s) involved. The complainant does not want to speak with the officer's supervisor or pursue
a formal complaint. Once sent to APD's Internal Affairs Division (APD), OPO closes the complaint.
What is a supervisory referral?
Supervisory referrals are external complaints that do not rise to the level of a policy violation or
may involve a minor policy violation. The complainant may be helped by speaking to the supervisor
of the officer they are complaining about. OPO conducts a preliminary review of the complainant's
complaint and contacts the complainant to verify that they would like to speak with the officer's
supervisor. The complaint is then forwarded to APD's IAD for review and then forwarded to the
officer's Chain of Command. The officer's supervisor has one calendar week to contact and speak
with the complainant.
What is a formal complaint?
Formal complaints originate from complaints made by community members. The OPO conducts a
preliminary review for all complaints, including community concerns, supervisory referrals, and
formal complaints. However, OPO conducts a preliminary investigation for formal complaints. OPO
prepares an affidavit for the complainant to sign based on their preliminary investigation. The
complainant will sign the affidavit and OPO delivers it to APD IAD. A Notice of Formal Complaint
(NFC) is then sent to IAD notifying them of the formal investigation. If the complainant fails to sign
the affidavit, a Notice of Complaint (NOC) is prepared and sent to IAD notifying them of a formal
investigation where the complainant failed to sign the required affidavit.
6
OFFICE OF POLICE OVERSIGHT 2023 ANNUAL REPORT
How did OPO process complaints in 2023?
OPO received complaints from external complainants
PRELIMINARY
alleging potential policy violations.
REVIEW
OPO reviews evidence related to a complaint or incident
of alleged misconduct.
PRELIMINARY
OPO conducts detail interviews with complainants and
witnesses.
INVESTIGATION
OPO recommends a full investigation if warranted.
CLASSIFY
OPO makes classification recommendations for external
complaints.
Upon completion of an investigation, OPO issues
closeout notification.
COMPLAINT
OPO may object to classifications or disciplinary action
OUTCOME
imposed by APD.
OPO may make disciplinary recommendations.
Upon completion of an investigation, APD determines
APD DISPOSITION/
the outcome for involved officer (s)
DISCIPLINE
APD has sole discretion in determining what disciplinary
action, if any, was issued to the involved officer(s)
Image 1: 2023 Complaint Process.
7
OFFICE OF POLICE OVERSIGHT 2023 ANNUAL REPORT
Allegations by type (2023)
There are two different types of complaints: internal and external. Internal complaints are initiated
by APD, while external complaints originate from contacts made to the OPO.
Similar to 2022, OPO assessed external complaints to understand better what the community was
reporting. All the categories shown below relate only to allegations made by community members
and were evaluated by OPO based on the words that community members used to describe their
complaints. This assessment by OPO is conducted before the complaint is investigated.
In 2023, OPO found that the top two complaint categories described by the community were
related to:
No assistance from APD
Lack of courtesy/impartial attitude
These are the same top two categories from 2022. Please see the table below for 2022 (left) and
2023 (right) allegation data.
2022
Allegation
2023
32.7%
No assistance from APD
27.7%
25.9%
Courtesy/Impartial Attitude
23.3%
10.3%
False Arrest or Detention
7.9%
8.8%
Use of Force
5.8%
6.4%
Officer Driving Dangerously
9.3%
5.9%
False/Incorrect Report Writing or Citation
9.7%
3.5%
Loss/Destruction of Property
7.5%
3.4%
Racial Profiling
4.5%
3.1%
Search/Seizure
0.64 %
Table 1: Complaint Allegations 2022 & 2023 (visualized in Image 2).
8
OFFICE OF POLICE OVERSIGHT 2023 ANNUAL REPORT
2023 OPO Annual Report
EXTERNAL COMPLAINT ALLEGATIONS
2022
2023
35.0%
30.0%
25.0%
20.0%
15.0%
10.0%
5.0%
0.0%
Image 2: Complaint Allegations 2022 & 2023 (visualization of Table 1).
The OPO received complaints from external complainants alleging potential policy violations and
forwarded all complaint information to APD.
An essential part of building trust between the community and APD is providing opportunities for
the community to submit positive and negative feedback about their interactions with the APD.
OPO works to provide these opportunities in a way that is accessible to all.
Contacts & compliments received by year (2021-2023)
In 2023, OPO received 1,552 contacts and 99 compliments for APD.
In 2022, OPO received 1,876 contacts and 117 compliments for APD.
In 2021, OPO received 2,239 contacts and 187 compliments for APD.
The graph below illustrates the number of contacts and compliments OPO received between
2021 and 2023.
9
OFFICE OF POLICE OVERSIGHT 2023 ANNUAL REPORT
2023 OPO Annual Report
BREAKDOWN OF POTENTIAL COMPLAINTS AND
COMPLIMENTS (2021-2023)
Contacts
Compliments
2,500
2,000
1,500
1,000
500
0
2021
2022
2023
Image 3: Breakdown of Potential Complaints and Compliments (2021-2023)
Anonymous complaints
Community members may also file complaints anonymously. Accepting anonymous feedback
increases accessibility for community members who may otherwise be unwilling or unable to share
their experiences. In 2023, OPO received 53 anonymous complaints.
In 2022, OPO received 91 anonymous complaints. This is a 42% decrease in the number of
anonymous complaints filed in 2022. With the expiration of the contract, members of the public
wishing to remain anonymous were required to certify their anonymity in front of an OPO
representative and a member of the Internal Affairs Department in accordance with 143.312 of
the Texas Local Government Code. It is believed that this practice contributed to the decrease in
10
OFFICE OF POLICE OVERSIGHT 2023 ANNUAL REPORT
the number of anonymous complaint filings. The graph below illustrates the number of anonymous
complaints OPO received between 2021 - 2023.
2023 OPO Annual Report
ANONYMOUS COMPLAINTS BY YEAR 2021 - 2023
Anonymous Complaints
120
100
80
60
40
20
0
2021
2022
2023
Image 4: Anonymous Complaints by Year 2021 - 2023
The OPO is authorized to recommend the classification for external complaints only. Internal
complaints are initiated by APD, while external complaints originate from contacts made to the
OPO. However, APD makes the final classification determination for all complaints. Multiple
classifications are outlined in APD's policy manual, the APD General Orders. The table below
outlines the classifications that APD can assign to a complaint. A complaint's classification
determines whether it will be investigated.
11
OFFICE OF POLICE OVERSIGHT 2023 ANNUAL REPORT
Classification
Assessment
Investigative Responsibility
Administrative Inquiry
An inquiry into a critical
Administrative Inquiries will
incident, or other incident,
be assigned to the
ordered by the Chief of Police
appropriate Unit or Division
or designee. Inquiries are
based on the circumstances
generally for issues that could
surrounding the inquiry.
destroy public confidence in,
and respect for, the
Department or which is
prejudicial to the good order
of the Department.
Class A Complaint
Cases in which the potential
Class A complaints are
discipline is more than a 15-
investigated by IA. Complaints
day suspension, indefinite
that involve allegations of
suspension and/ or demotion
criminal conduct are also
according to the Discipline
concurrently investigated by
Matrix. Generally, Class A
SIU as outlined in General
Complaints are allegations of
Order 901.
a serious nature, which
include, but are not limited
to:
Criminal conduct.
Serious violations of a
general order, rule, or
regulation.
Conduct that challenges the
integrity, good order, or
discipline of the Department.
Class B Complaint
Cases in which the potential
Class B Complaints that are
discipline is a 15-day
OFCA eligible will be
suspension or less. Generally,
investigated by the
Class B Complaints are
employee's chain-of
allegations of a less serious
command. Class B complaints
nature, which include, but are
not eligible for OFCA will be
not limited to: Less serious
investigated by IA. The OPO
violations of a Department
has full access rights to Class
general order, rule or
B investigations that are
regulation (e.g., profanity,
conducted by an employee's
belittling language,
chain-of command. Class B
inadequate police service,
complaints are resolved
minor traffic violations).
through three different
procedures:
12
OFFICE OF POLICE OVERSIGHT 2023 ANNUAL REPORT
Negligent damage or loss of
Investigation by IA
property.
OFCA, if eligible (chain-of
command investigations)
Mediation, if eligible
Class C Complaint
Generally, allegations that: Do
Class C complaints will be
not fit into the Class A or
reviewed by the IA
Class B category,
commander and the
The complaint does not rise
employee's chain-of
to the level of a general order
command. If all of the parties
violation, and
agree with the initial Class C
The complaint would best
classification, the complaint
be handled through other
will be "Administratively
departmental processes (e.g.,
Closed". If it is determined
grievance, Conduct
that additional investigative
Counseling Memorandum,
follow-up is needed, the
Employee Success Plan, or
complaint may be reclassified
training).
and investigated according to
its new classification.
Class D Complaint
Allegations that do not rise to
Class D complaints will be
the level of a general order
reviewed by the IA
violation and meet one or
commander and the
more of the following criteria:
employee's chain-of
A preliminary review of the
command. If all of the parties
allegation shows it is not true
agree with the initial Class D
(e.g., video or audio recording
classification, the complaint
shows allegation is false),
will be "Administratively
and/ or
Closed". If it is determined
The complaint is about the
that additional investigative
probable cause for an arrest
follow-up is needed, the
or citation that appears to be
complaint may be reclassified
unsubstantiated.
and investigated according to
its new classification.
Supervisor Referral
An incident where no formal
If IA/OPO receives this
Complaint affidavit has been
informal complaint from a
received by IA, however the
citizen, it will be forwarded to
complainant requests that
the appropriate supervisor
the issue be brought to the
and chain-of command for its
attention of a supervisor.
follow-up and response.
These informal complaints
Supervisor Referrals are
are made directly to IA and/or
entered into the IA tracking
the OPO.
system for documentation
13
OFFICE OF POLICE OVERSIGHT 2023 ANNUAL REPORT
purposes only and not for
disciplinary purposes.
Corrective Action
A minor policy violation that
The appropriate supervisor
normally results in Informal
will complete the Corrective
Discipline, per GO 902.1.2
Action process, per GO
902.2.4.
Information Incident
An incident where no
Complaints documented
apparent general order
using the IA External
violation has been committed
Complainant Contact Form
and a signed affidavit has not
will be forwarded to IA with a
been received. Information
notation that the complaint
incidents may also be from
either was/was not handled
complaints that are brought
satisfactorily. Satisfactorily
to the direct attention of a
handled complaints will be
supervisor, handled
marked as "Information".
satisfactorily and documented
Information incidents are
on an IA External
entered into the IA tracking
Complainant Contact Form.
system for documentation
purposes only and not for
disciplinary purposes.
Table 2: APD General Order 902.3.1 Complaint Classification and Investigative Assignment Table
The Office of Police Oversight conducts a preliminary review for all external non-anonymous
complaints and most anonymous complaints. However, OPO does not conduct a preliminary
investigation for all complaints. Below are classifications where the complaint is not investigated.
Community concern
A community concern is a type of external complaint in which a community member wishes to
submit feedback to APD for review. While community concerns undergo preliminary review, this
classification does not rise to the level requiring a preliminary investigation.
Supervisor referral
A supervisory referral is a type of external complaint in which a community member requests
follow up from an Austin police officers' supervisory or chain of command. These complaints
generally do not undergo a preliminary investigation. However, in instances where OPO believes
the complaint involves a serious policy violation or egregious officer misconduct a preliminary
investigation may be conducted.
14
OFFICE OF POLICE OVERSIGHT 2023 ANNUAL REPORT
OPO classification recommendations
The OPO received 1,552 contacts in 2023, which resulted in 578 external complaints. The OPO
recommended the following classifications: 111 Community Concerns, 253 Supervisory Referrals,
and 215 formal complaints. When the OPO recommended a formal complaint, we identified that
it needed a full and thorough investigation, or a complainant had insisted that the OPO process
their complaint as a formal complaint.
Please see the chart below for a visual representation of OPO classification recommendations.
2023 OPO Annual Report
COMPARATIVE EXTERNAL COMPLAINT DATA
Number of Complaints
300
250
200
150
100
50
0
Community Concerns
Supervisor Referrals
Formal Complaints
Image 5: Comparative External Complaint Data
15
OFFICE OF POLICE OVERSIGHT 2023 ANNUAL REPORT
How did APD classify complaints in 2023?
There are two different types of complaints: internal and external. Internal complaints are
initiated by APD, while external complaints originate from contacts made to the OPO.
The chart below outlines the classifications that APD assigned to each of the 578 external
complaints (right) and the 179 internal complaints (left).
Internal (APD)
Classification
External (OPO)
10
Administrative Inquiry
0
43
A
7
75
B
14
0
C
11
0
D
114
3
Information
55
0
Pending
2
1
Supervisor Referral
245
47
Supervisory Referral-Minor Policy Violation
4
0
Community Concern
126
179
TOTAL
578
Table 3: Internal & External Complaint Classification
16
OFFICE OF POLICE OVERSIGHT 2023 ANNUAL REPORT
2023 OPO Annual Report
INTERNAL & EXTERNAL COMPLAINT CLASSIFICATION
Internal Complaints (APD)
External Complaints (OPO)
250
200
150
100
50
0
Source: Office of Police Oversight
Image 6: Internal & External Complaint Classification
How did OPO monitor complaint investigations conducted by APD?
In 2023, OPO monitored all complaint investigations, more specifically OPO:
Reviewed information gathered by APD
Attended interviews conducted by APD
Recommended case classifications to APD
Recommended discipline after investigation concluded
17
OFFICE OF POLICE OVERSIGHT 2023 ANNUAL REPORT
How many complaints were investigated in 2023?
The OPO forwarded 578 complaints to the APD, recommending that 215 be investigated. Of the
215 recommended cases, APD investigated 138, resulting in 11 sustained complaints.
In 2023, APD initiated 179 internal complaints. Of these, 128 were investigated and 84 resulted in
sustained complaints.
What happened at the end of an investigation?
A disposition is APD's final determination of how a complaint is closed. Below are definitions of the
dispositions outlined in the APD General Orders.
Administratively Closed: Complaints will be administratively closed under one the following
circumstances:
a) An administrative inquiry has been completed and no allegations were made or
misconduct discovered;
b) The case was classified as a Class C or Class D complaint; or
c) At the discretion of the Chief of Police or designee.
Community Concern: A community concern allows the community to submit feedback to
APD for their review. This is not investigated but reviewed by APD.
Exonerated: When the investigation discloses that the alleged act occurred but that the act
was justified, lawful and/or proper according to Departmental General Orders.
Inconclusive: When the investigation discloses that there is insufficient evidence to sustain
the complaint or fully exonerate the employee.
Information: An incident maintained for documentation purposes only.
Supervisor Referral: An informal complaint referred to a supervisor for their attention. If an
investigation discloses misconduct or improper job performance not alleged in the original
complaint, the investigator shall take appropriate action with regard to any possible
additional allegations.
Supervisor Referral: APD determined that an officer violated policy for some complaints,
though the violation was minor.
Sustained: When the investigation discloses sufficient evidence to establish that the act
occurred and that it constituted misconduct.
Unfounded: When the investigation discloses that the alleged act(s) did not occur.
18
OFFICE OF POLICE OVERSIGHT 2023 ANNUAL REPORT
Internal (APD)
Dispositions
External (OPO)
13
Administratively Closed
129
0
Community Concern
132
8
Exonerated
3
8
Inconclusive
2
2
Information
43
6
Pending
3
9
Resigned Under Investigation
2
1
Retired Under Investigation
0
1
Supervisor Referral
245
49
Supervisory Referral-Minor Policy Violation
5
89
Sustained
14
13
Unfounded
13
199
TOTAL
591
Table 4: Internal & External Case Disposition 2023
19
OFFICE OF POLICE OVERSIGHT 2023 ANNUAL REPORT
2023 OPO Annual Report
INTERNAL & EXTERNAL DISPOSITIONS
Internal (APD)
External (OPO)
250
200
150
100
50
0
Image 7: Internal & External Case Disposition 2023
20
OFFICE OF POLICE OVERSIGHT 2023 ANNUAL REPORT
What Discipline Did APD Issue In 2023?
APD had sole discretion in determining what disciplinary action, if any, was issued to the involved
officer(s). Please see below for definitions from APD's General Orders regarding the types of
discipline available.
Education-based discipline: An alternative to traditional suspensions offering optional
behavior-focused education and training for suspension of 1 to 5 days at the determination
of the Chain of Command.
Oral reprimand: A formal document of counseling notifying the employee that a
department general order has been violated. It may be issued for any misconduct that the
supervisor determines is necessary and appropriate to correct the problem.
Written reprimand: A formal letter of reprimand notifying the employee that a department
general order has been violated. It is issued for any misconduct or performance in which
the supervisor determines this level of discipline is necessary to correct the problem.
Generally, written reprimands will be issued when there is a continuation of problems, or
a supervisor determines a one-time event is serious enough to warrant a written record
being placed in the employee's file.
Temporary suspension: This may range from 1 to 3 days, 4 to 15 days, or an agreed upon
16 to 90 days suspension.
Indefinite suspension: Equivalent to dismissal or termination from the Department.
What kind of discipline did APD issue in 2023?
In 2023, 103 individual Austin Police Department officers received discipline. Of the 103 disciplined
officers, 89 were the subject of internal complaints, and 14 were the subject of external
complaints. The charts below show all discipline APD issued to officers in 2023.
Internal (APD)
Discipline Issued
External (OPO)
4
Education Based Discipline
0
50
Oral Reprimand
8
32
Written Reprimand
6
3
Temporary Suspension
0
89
Total sustained
14
Table 5: Internal/External Discipline Breakdown
21
OFFICE OF POLICE OVERSIGHT 2023 ANNUAL REPORT
2023 OPO Annual Report
INTERNAL & EXTERNAL DISCIPLINE BREAKDOWN
INTERNAL (APD)
EXTERNAL (OPO)
100
80
60
40
20
0
Education Based Discipline
Oral Reprimand
Written Reprimand
Temporary Suspension
Total Sustained
Image 8: Internal/External Discipline Breakdown
What were officers disciplined for in 2023?
In 2023, officers were disciplined most often for policy violations related to:
Department Vehicles - This was the most cited policy violation for sustained complaints.
APD defines this policy as: For purposes of this order, Department vehicles are considered
to be any vehicle used by Department employees for official Department business,
including privately owned vehicles or vehicles owned, rented, leased, or maintained by the
City.
Duty Firearms - This was the second most cited policy violation. APD defines this policy as:
This order sets guidelines on the types of authorized weapons and ammunition, as well as
procedures for registration, qualification, and proficiency with authorized duty weapons.
For purposes of this order, on-duty is defined as any activity in which the employee receives
compensation or benefit from their employment with the Department or wearing any part
of the uniform. For the purposes of this General Order, TASER Conducted Energy Weapons
are not considered firearms.
22
OFFICE OF POLICE OVERSIGHT 2023 ANNUAL REPORT
Responsibility To The Community - This was the third most cited policy violation. APD
defines this policy as: All persons deserve protection by fair and impartial law enforcement
and should be able to expect similar police response to their behavior wherever it occurs.
Employees will serve the public through direction, counseling, assistance, and protection
of life and property. Employees will be held accountable for the manner in which they
exercise the authority of their office or position. Employees will respect the rights of
individuals and perform their services with honesty, sincerity, courage, and sound
judgment.
Vehicle Pursuits - APD defines this policy as: Vehicle pursuits expose innocent citizens, law
enforcement officers, and fleeing violators to the risk of serious injury or death. The
primary purpose of this order is to provide officers with guidance in balancing the safety of
the public and themselves against law enforcement's duty to apprehend violators of the
law. Another purpose of this order is to minimize the potential for pursuit-related crashes.
Vehicular pursuits require officers to exhibit a high degree of common sense and sound
judgment. Officers must not forget that the immediate apprehension of a subject is
generally not more important than the safety of the public and pursuing officers.
General Conduct and Responsibilities - APD defines this policy as: It is the policy of the
Austin Police Department that employees conduct themselves at all times in a manner that
reflects the ethical standards consistent with APD written directives. This order shall apply
to all sworn and civilian members, including volunteer, part-time, auxiliary, and nonpaid
civilians affiliated with the Department through a Department-sponsored program while
under the direction of a Department employee.
See the comparative chart below for a visual representation of how APD issued discipline
between 2021 and 2023.
23
OFFICE OF POLICE OVERSIGHT 2023 ANNUAL REPORT
2023 OPO Annual Report
DISCIPLINE ADMINISTERED BY APD (2021-2023)
2021
2022
2023
70
60
50
40
30
20
10
0
Oral
Written
Temporary
Image 9: Discipline Administered by APD (2021-2023)
24
OFFICE OF POLICE OVERSIGHT 2023 ANNUAL REPORT
POLICY & RESEARCH DIVISION
Image 10: OPO Director Gail McCant presents at the December 2023 Public Safety Commission
meeting.
Austin Police Oversight Act
In May 2023, Austinites voted to enact Proposition A, the Austin Police Oversight Act. This
proposition, advanced to the ballot by the criminal justice nonprofit Equity Action, expanded the
oversight powers of the Office of Police Oversight. Proposition A states that OPO will liaise between
complainants and the Austin Police Department regarding complaint investigations and make
disciplinary recommendations to APD's Chief of Police to increase accountability and transparency.
The measure also grants the OPO access to police use of force records for analysis. Also of note,
this new ordinance stipulates that the Austin Police Department no longer utilizes what's known
as a "g-file," a personnel file that includes investigations of officer misconduct that did not result
in formal discipline and is not available for public request.
Ordinance No. 20230223-061
In Ordinance No. 20230223-061, the City Council designated the director of the OPO - and any
other OPO staff designated by the director - as investigators under section 143.312 of the Texas
Local Government Code.
Resolution 20230921-099
On September 21, 2023, the Austin City Council passed Resolution 20230921-099, directing the
City Manager to implement policies related to police oversight in accordance with the Austin Police
Oversight Act. The priorities of this resolution center around training, investigations, and reporting
by the Office of Police Oversight.
25
OFFICE OF POLICE OVERSIGHT 2023 ANNUAL REPORT
COMMUNICATIONS & COMMUNITY ENGAGEMENT DIVISION
58
Street
Environmental Justice
Draw
Health
wellness
Valencia
in a bustling
Austin
Demographer
environment
USE
Children's
Image 11: OPO Director Gail McCant speaks to students at the Texas Empowerment Academy
The Communications and Community Engagement Division utilizes digital and traditional media to
amplify and increase awareness of OPO's work in the community through publishing email
newsletters, social media posts, and articles to further engage community members in
transforming public safety. In 2023, OPO's Communications and Community Engagement Division
enhanced transparency by making information related to policing and public safety transparent
and available, including:
Overseeing the release of ten critical incident briefing videos
Publishing three disciplinary memorandums
Publishing 175 notices of complaint
Publishing 43 case documents related to lawsuits filed against the City of Austin that
allege officer misconduct
Publishing three reports and recommendations
26
OFFICE OF POLICE OVERSIGHT 2023 ANNUAL REPORT
Documents Related to Lawsuits Alleging Officer Misconduct
In 2023, OPO was directed by Resolution 20230921-099 to publish documents related to lawsuits
filed against the City of Austin that allege officer misconduct on the Office of Police Oversight's
website. The documents include the filings and settlement information for lawsuits filed or cases
currently in litigation.
These documents have been uploaded as described in the voter-approved Austin Police Oversight
Act, which directs OPO to "act as a central repository for documentation relevant to the mission of
the office and make such information available to the public, including but not limited to complaint
outcomes; officer discipline; force incidents; and lawsuits against the City that allege officer
misconduct, including the filings and the final settlement amount of any such suits."
You can view the lawsuit documents here.
Community Engagement
Building sustainable connections within the community is a crucial aspect of OPO's mission. To
foster these relationships, the Communications and Community Engagement Division engages
community members by facilitating and participating in events, providing information on policing
and the oversight process through presentations and outreach, and publishing critical documents
and reports for the public. To meet the needs of all community members, the Communications
and Community Engagement Division prioritizes language access, accessibility, and usability in all
aspects of its work. The Community Engagement Division's staff strives to ensure that OPO's
programs and services are transparent and easily accessible to community members. In 2023,
OPO's Communications and Community Engagement Division engaged community members on
various topics, including:
How to file a compliment or a complaint related to their experiences with Austin police
officers
Your rights when interacting with police officers
Understanding the experiences of people living with disabilities and law enforcement
In 2023, OPO attended and hosted 53 events, reaching more than 1,000 community members
through direct outreach and engagement.
As part of the Austin Police Academy curriculum, OPO educated cadets about police
oversight
In February 2023, OPO staff attended the Central Texas African American Family Support
Conference to engage with the community and discuss police oversight initiatives
In August 2023, OPO distributed summer safety items and information at Austin Pride
27
OFFICE OF POLICE OVERSIGHT 2023 ANNUAL REPORT
In 2023, OPO attended six Austin/Travis County EMS Pop-up Up Resource Clinics, offering
essential supplies, information, and support to community members experiencing
homelessness
Town Hall on Public Safety: People with Disabilities and Policing
After completing the 2022 Town Hall on Public Safety: People with Disabilities and Policing, OPO
published its final Town Hall report in October 2023. The report includes feedback and insights
from Town Hall I and II participants and OPO's recommendations for APD to improve their
interactions with community members with disabilities. Read the final report here.
Quarterly Police Oversight Implementation Workgroup
In November 2023, OPO hosted the first Quarterly Police Oversight Implementation Workgroup
meeting to present the quarterly complaints data as directed by Austin City Council Resolution 99.
OPO presented complaints data, including the quantity and nature of complaints, the complaint
classifications, and the discipline recommendations made to the Chief of Police. At the meeting,
community members asked questions about the complaints data presented and inquired about
OPO's current complaint process. The meeting was hosted virtually on Zoom and was attended by
40 community members.
Automated License Plate Reader Community Feedback
In accordance with Resolution 20220915-05656, OPO reviewed APD's proposed Automated
License Plate Reader (ALPR) policy and provided recommendations to enhance its implementation.
OPO supported APD in planning and promoting a series of community meetings in March 2023 to
collect feedback and address any concerns about using ALPRs. The May 2023 community feedback
session recording is available here.
Community Police Review Commission
The Community Police Review Commission (CPRC) is a Board of the City independent of and
separate from the Austin Police Department and was established as part of the 2018 Meet and
Confer agreement between the City of Austin and the Austin Police Association. The commission
comprises community volunteers who dedicate their time to advance civilian police oversight in
Austin. One of the commission's primary responsibilities includes the review of critical incidents
involving Austin police officers and providing recommendations on discipline to the Chief of Police.
Commissioners are given access to confidential records authorized under the Meet and Confer
agreement to review critical incidents. When the Meet and Confer agreement between the City of
Austin and the Austin Police Association expired on March 31, 2023, Interim City Manager Jesús
Garza suspended the Community Police Review Commission.
On May 6, 2023, Austin voters approved the passage of Proposition A, also known as the Austin
Police Oversight Act. The proposition amended City Code Chapter 2-15 and established the
commission's authority in the City Code. On May 17, 2023, Interim City Manager Jesús Garza
28
OFFICE OF POLICE OVERSIGHT 2023 ANNUAL REPORT
announced his intention to reinstate the commission in alignment with City Code 2-15 and
include access to confidential records in a future meet and confer agreement.
CONCLUSION
The Office of Police Oversight faced many challenges in 2023. The expiration of a meet-and-
confer in March 2023, which had previously governed many of the office's activities, and the
passing of the Austin Police Oversight Act in May 2023, which became effective immediately,
leading to a series of complex legal matters.
Be that as it may, OPO remained steadfast in its commitment to implementing the Austin Police
Oversight Act. While the absence of a contract presented certain challenges, we dedicated
ourselves to implementing all provisions allowable under state law. Even when our efforts were
not fully recognized, we stood firmly by our mission and continued to make a significant impact.
The Austin community made its expectations clear in 2023 through its support for Proposition A.
It is our role at the Office of Police Oversight to do our due diligence and ensure compliance with
all the established laws, policies, and regulations. As we look forward to the coming years, we will
continue to reinforce our unwavering commitment to transparency, accountability, and
collaboration. By prioritizing these principles, we aim to foster trust between the community and
law enforcement, paving the way for a more effective and responsive policing model in Austin.
We invite you to join us in our efforts.
29