Editor's Note: The above video is previous KXAN coverage on
Austin's cops oversight proposals.
AUSTIN (KXAN) - - On Saturday, voters will pick 2 different measures connected to cops oversight.
Proposition A, prepared by advocacy group Equity Action, got on the ballot.
The Voters for Oversight and Police Accountability (VOPA) brought forth Proposition B after that happened.
See election outcomes after surveys close at 7 p.m.
Breaking down the ballot determines
One petition was put forth by the advocacy group Equity Action. It calls for, among other things, the Office of Police Oversight to have more access to certain cops files.
After City Council moved to send out that step to citizens, Equity Action claims canvassers "fraudulently" tried to get people to sign a "weaker" oversight petition.
KXAN uncovered that The Voters for Oversight and Police Accountability (VOPA), a group backed by the
Austin Police Association (APA), lagged that petition. VOPA stated it put forth its own measure that will go on the very same ballot that does not consist of elements that would violate Texas law.
Both tally products have the very same name: The
Austin Police Oversight Act. They start with language distinctions composed in the "Caption" and "Ordinance" sections, as seen listed below. Equity Action's functions more direct mention of police "misbehavior.".
VOPA's front page is on the left, Equity Action's is on the right.
While both petitions consist of much of the same points concerning the role of the Office of Police Oversight (OPO), Equity Action's variation has more arrangements that offer OPO more power.
Below are products and/or pieces of products that remain in Equity Action's measure but not VOPA's.
Equity Action:.
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- (5) Participate in investigations of officer conduct, consisting of those coming from anonymous complaints, with the right to collect evidence and straight interview witnesses as determined by the Director.
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- (10) Conduct, at minimum, a preliminary examination of every complaint, determine whether a complete examination is necessitated.
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- (11) Conduct random assessments of department use of force evaluates
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- (13) Determine training requirements for members of the [Neighborhood Police Review] Commission
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When it comes to the type of access OPO has to authorities files throughout internal examinations, both procedures likewise have various arrangements.
Equity Action's measure states OPO shall have the below access:.
" Direct access, without hindrance, to relevant department workers and department records for functions of pursuing the City's police oversight policy consisting of: records and personnel with relevant details worrying any use of force event; records and personnel with appropriate information worrying any authorities misconduct investigation; databases of use of force occurrence reports; and retained video, including but not restricted to cops body-worn cameras, police cars dash video cameras and HALO cams.".
Equity Action "
Austin Police Oversight Act" Measure.
VOPA's step does not include the "without obstacle" provision, and adds a line about launching such records to OPO in accordance with Texas Law. See listed below.
Shall have access to relevant department records consisting of: records with relevant information worrying any usage of force incident; and records with appropriate info worrying any authorities misbehavior examination; and kept video, including but not restricted to police body-warn cameras, squad cars dash electronic cameras and HALO cameras, as needed to carry out the obligations… … in accordance with Texas Occupation Code, Chapter 1701.
Voters for Oversight and Police Accountability "
Austin Police Oversight Act" Measure.
Due to potential confusion in between the 2 procedures, the City has edited the ballot language to identify which group circulated which product.
How will the result of the vote impact police oversight in Austin?
In basic, anything drew up in an APD agreement would overrule a City ordinance.
The labor negotiations group that dealt with APD and the City on the agreement said to City Council Wednesday "the legal effect of the Equity Action petition whether it's in result if there is no agreement, much of those provisions and the will of the voters quite frankly will not happen.".
Rebecca Hayward, who spoke on behalf of the negotiators, said that is due to the fact that particular aspects of that measure would be defeated by Texas law. Formerly, APA president Thomas Villarreal stated the provision relating to access to department and personnel files "without obstacle" is the part that conflicts with the state law.
Even if arrangements drawn up aren't able to right away go into impact as law in the City, Chief Chacon stated the result of the vote will impact upcoming conversations and the City and APA go back to the drawing board on a long-term deal.
" Presumably [it] would direct the future agreement settlements, the way in which oversight is done," he stated. "And so all of that is going to need to be taken a look at and ultimately carried out.".
Chief Chacon said he does not believe main talks regarding a new long-term offer will start until the citizens make their option on these measures in the May election.
Initial confusion on the tally measures
After Equity's Actions petition got enough signatures, canvassers began flowing a petition with the exact same name.
That's when KXAN went into the 2nd petition and located VOPA as being behind it.
In a statement, VOPA informed KXAN the goal of the petition is to "attain codified civilian oversight for the police." Over the phone, a VOPA agent stated there are most likely certain elements of the Equity Action petition that would contradict state law. Equity Action declares the brand-new petition is a "weaker" variation of the original.
" We would welcome a sincere debate about the virtue of different techniques," Harris with Equity Action said. "The concern that we have with this effort is that they've offered it the same name as ours. ".
We asked VOPA about the choice to also name its measure the "
Austin Police Oversight Act," and an agent stated "VOPA's petition is really comparable to another tally measure, and we did not want to confuse citizens with different names when completion objective of greater civilian oversight of police is the exact same.".
KXAN followed up, asking to clarify how this would lessen confusion for citizens. We received the list below response:.
" The crucial, supreme objective of greater civilian oversight of police is the specific same in both procedures. Voters who share that objective needs to support both procedures. The language differences have to do with compliance with local government code and making sure a minimum of among these procedures will hold up in court if challenged. We want the will of the citizens to win out at the tally and in the legal system.".
Voters for Oversight and Police Accountability.
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