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Majority of complaints against APD during summer 2020 protests not investigated, Office of Police Oversight says

The office objected to 10 of the 11 disciplinary decisions made so far by APD related to misconduct at the protests.

AUSTIN, Texas — The Austin City Council will consider strengthening the Office of Police Oversight after a presentation revealed the Austin Police Department chose not to investigate most complaints brought against officers after the summer 2020 protests.

The Office of Police Oversight presented its objections, concerns and recommendations to the Austin City Council Public Safety Committee on Monday.

Its presentation showed the office submitted more than 200 unique complaints by community members against officers. Out of those complaints, APD chose to investigate 27.

“We feel very strongly that the department should investigate all complaints, despite where they originate,” said Farah Muscadin, director of the Office of Police Oversight, during the presentation. “It’s really important that the police department report back to the community in a very public way … There should be some sort of closure and reflection on how the department can improve in these situations.”

Complaints about police conduct at the protests related to use of force, neglect of duty, lack of de-escalation, equipment and tactics and officer interactions with media.

The office objected to 10 of the 11 disciplinary decisions made so far by APD related to misconduct at the protests.

Its recommendations include the following:

  • Investigate all complaints, despite where they originate.
  • Require all sworn personnel working in any capacity, of any rank, to have body-worn camera powered on for the entirety of their shift.
  • Create a tracking system for the deployment and distribution of all less-lethal munitions.
  • Ensure that all uses of force are promptly reported to supervisors and captured in written reports, and the accompanying body-worn camera footage is uploaded and classified after each shift so that APD supervisors may review it immediately.
  • Develop and pressure-test a process for providing clear, traceable direction and supervision in crowd management scenarios.
  • Ensure all officers' names and badge numbers are always visible, including while wearing tactical equipment.
  • Provide semi-annual comprehensive crowd control training to all personnel who may work events, rallies, demonstrations, etc. to ensure that all personnel are adequately prepared to respond.
  • Implement crowd management policies and tactics based on research-based best practices that ensure the safety of all involved and focus on maintaining the value of human life and upholding individuals' constitutional rights.
  • Utilize appropriate communication tools to broadcast messages to crowds; allow sufficient time for compliance before deploying less-lethal shotguns or oleoresin capsicum spray as tools for crowd control.
  • Report back to the community with an explanation of what it can expect from APD in any crowd management scenarios going forward.

According to a release from Councilmember Greg Casar, the City Council could make changes to further empower the Office of Police Oversight.

“Austin needs accountable policing,” said Casar, vice chair of the Public Safety Committee. “Young people were maimed and nearly killed while exercising their right to peacefully demonstrate. If we don’t want this to happen again, we should be embracing police oversight, not ignoring it.”

Many of the most serious cases involving injuries at the protests are still in process with the District Attorney’s Office.

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