Formal objection: revisions to general order 903

OF
CITY
STUDENT
P.O. BOX 1088, AUSTIN, TEXAS 78767
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 TTY: 711 | FAX: 512.974.6306
FOUNDED
COMPLAINT HOTLINE: 512-972-20PO
April 8, 2020
Brian Manley, Chief of Police
Austin Police Department
715 E 8th St.
Austin, Texas 78701
Dear Chief Manley,
Please consider this letter a formal objection from the Office of Police Oversight (OPO) to the March
16, 2020 changes made to Austin Police Department General Order (GO) 903 - Discipline Matrix (GO
903). These changes reduce the discipline level for violations of GO 303 - Body Worn Camera Systems
(BWC) and GO 304 - Digital Mobile Audio Video Recording (DMAV).
These changes delegitimize the discipline process by trivializing conduct that has historically been
treated as a significant policy violation. In addition to our objection, below you will find
recommendations that, if implemented, will resolve this issue.
BACKGROUND
General Order 903
Once APD has sustained allegations against an officer, GO 903 provides a framework for determining
the level of discipline an officer receives. The changes to GO 903 as it relates to BWC and DMAV policy
are below.
Discipline Matrix Before March 16, 2020
Violation
General Order
1st Occurrence
2nd Occurrence
3rd Occurrence
Reference
Electronic
303 & 304-
Written Reprimand
Increased one level
Increased one level
Recording (DMAV,
Mobile Audio
to
MAV) violation
Video Recording
1-3 days
Operation
NDED
183
Discipline Matrix After March 16, 2020
Violation
General Order
1st Occurrence
2nd Occurrence
3rd Occurrence
Reference
Electronic
303 & 304-
Oral Counseling
Conduct
Oral Reprimand to
Recording (DMAV,
Mobile Audio
(documented in
Counseling
1-3 Days
MAV) violation
Video Recording
Field Notes)
Memorandum
Operation
Due to the March 16th changes, an officer's third sustained violation of the BWC or DMAV policies now
results in lighter discipline than an officer used to receive upon their first violation of those policies.
Moreover, given that "formal" discipline is defined in GO 902.1.2 as "[a] discipline action at or above
1
OF
P.O. BOX 1088, AUSTIN, TEXAS 78767
CITY
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 TTY: 711 FAX: 512.974.6306
COMPLAINT HOTLINE: 512-972-20P0
the level of written reprimand," an officer may violate BWC or DMAV policies three times and still
never receive "formal" discipline.
Issue #1: Lack of Alignment-Changes Affecting External Complainants
Paramount among OPO's concerns is the apparent contradiction between GO 903 and both the City
Manager's Memo and the Meet and Confer Agreement. Both documents highlight the OPO's role in
providing and prioritizing transparency. The changes to the discipline matrix for BWC and DMAV
violations create obstacles that will limit the OPO's ability to share information with the public, thereby
reducing the level of transparency.
For example, per the Meet and Confer Agreement, the OPO may publicize its recommendations and the
discipline an officer received in external, non-critical incident cases in which an officer received
discipline of an oral reprimand or greater. The March 16 changes to GO 903 directly and negatively
impact this provision because they now preclude the OPO from making the public aware of any sustained
violations of BWC and DMAV policy until an officer has had at least three violations.
Issue #2: Timing and Messaging
APD notified the OPO of the changes to GO 903 on the same day that it took effect. APD's practice of
soliciting feedback on proposed policy changes without providing adequate notice or opportunity to
respond is unacceptable and contradictory to APD's support of civilian oversight.
The OPO is also concerned about the timing of these changes and the message it sends to both officers
and the public. The OPO has observed an increase in the number of potential and sustained BWC and
DMAV policy violations, SO APD's decision to make policy changes that limit the OPO's ability to make
the public aware of these types of violations is very troubling.
Adherence to BWC and DMAV policies supports the interests of both the public and officers.
Reducing discipline levels for BWC and DMAV violations disincentivizes adherence to these policies
by imposing functionally equivalent discipline for multiple violations. This demonstrates to officers
and the public that APD leadership does not take these violations seriously and is dismissive of the
importance of BWC and DMAV footage in police interactions. This change is also inconsistent with
the department's "mission to improve police interactions with the public and to strengthen
accountability and transparency, building on local problem-solving and community-based engagement
strategies" with the body warn camera programi.
Discipline must be in proportion to the seriousness of a violation. BWC and DMAV footage frequently
provides the only path to a just resolution of a complaint. Thus, the effect of a BWC and DMAV violation
can be grave-even on a first occurrence. APD's discipline matrix should demonstrate the Department's
awareness of this possibility and account for it. By decreasing the level of discipline for these offenses
APD is treating these as minor policy violations when they are quite serious.
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OF
P.O. BOX 1088, AUSTIN, TEXAS 78767
CITY
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 | TTY: 711 | FAX: 512.974.6306
FOUNDED
1839
COMPLAINT HOTLINE: 512-972-20PO
OPO Recommendations:
1. Provide the OPO with adequate notice to respond to proposed policy changes.
2. Reverse APD GO 903 changes made related to BWC and DMAV violations.
The OPO should be consulted with changes to policy that specifically relate to the function of oversight.
APD's actions are counter to the changes that were to expand oversight on November 2018 and
expectations of the community, City Council, and City Management. Given APD's own vision of being
a "trusted and respected Department," it is imperative that APD not act in opposition to community
needs, as well as City Council and City Management directives. Obstruction of oversight through
unilateral changes to policy that reduce transparency and accountability hinders the fair resolution of
complaints and further diminishes community trust in APD. In light of these concerns, I look forward to
working with City Management and APD to devise a solution.
Sincerely,
farah P. Muscadin
Farah C. Muscadin, JD
Director
cc: Spencer Cronk, City Manager
Rey Arellano, Assistant City Manager
i
https://www.austintexas.gov/sites/default/files/files/Police/Public BWC.pdf
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