AUSTIN, Texas — Editor's note: A previous version of this story stated the City came to an agreement with the Austin Police Association to move forward with a one-year contract. The City decided to move forward with negotiations with the union for a one-year contract, but the union decided not to move forward.
The City of Austin on Wednesday approved to move forward with pursuing an agreement with the Austin Police Association (APA) for a new one-year police contract extension.
The City approved the extension over a four-year contract that was agreed upon last week between outgoing City Manager Spencer Cronk and the APA after nearly a year of negotiations.
But in an update from KVUE Senior Reporter Tony Plohetski on Thursday, Austin police said they will not negotiate a one-year employment contract. If no deal is approved, the "lack of a contract would limit civilian oversight for now," Plohetski reported.
The current contract is set to lapse at the end of March.
Several councilmembers and the mayor provided statements following the announcement that members of the Austin Police Association would not engage with negotiations towards a one-year police contract.
"I gave my statement on how I believed this was going to play out yesterday during our special called council meeting," Councilmember Mackenzie Kelly (District 6) said. "It comes as no surprise to me that this is the outcome."
“It’s unfortunate the Austin Police Association leadership decided to stop contract negotiations. I remain open to a 1-year extension that improves pay & benefits for our hardworking police officers," Councilmember José "Chito" Vela (District 4) said. "I look forward to passing a long term contract after the election.”
"This situation was entirely predictable, and the risk of going out of contract was certainly a factor in my 'no' vote this week," Councilmember Alison Alter (District 10) said. "Going out of contract is harmful for the City, our officers, and our community. It is also destabilizing for our civilian oversight system. I still maintain that the 4-year contract with strong civilian oversight was the best option."
Austin Mayor Kirk Watson provided the following statement:
"I’m disappointed but not surprised that the Austin Police Association has chosen not to return to the negotiating table. I hope they remain open to reaching an agreement, and the only way to do so is to come back to the table.
However, because I want to see our police are supported, next week, the City Council will consider an ordinance to serve as a stopgap for the contract until after Austin voters to weigh in on two competing police oversight ballot initiatives in May. As elected members of the City Council, we need to respect the people of Austin who empowered us to make this decision and the City Charter that empowers them to petition their government.
With this police contract, we need to get it right in terms of listening to the community and addressing the needs of the officers and must avoid characterizing these issues as “all or nothing” binary choices."
Councilmember Leslie Pool (District 7) provided the following statement:
"Additionally, I voted with the majority of my colleagues to pursue a one-year extension to our police contract. The current contract expires March 31.
Last week, the police union and the City Manager presented the council with a proposal for a four-year contract and expected the Council to review the specifics on oversight, transparency, and cost just a few hours before making the decision to pursue that proposal. Had we voted on that contract, we would not have had the input of city voters on the police oversight referendums that will appear on the May 6 ballot. I’m not willing to short circuit the voice of the voters in that way.
I have a long history of supporting our first responders (EMS, fire, police). We have three major public safety contracts to consider this year and I want to ensure a thoughtful and fair process for considering the terms of each public safety group."
Kelly had provided the following statement on Wednesday:
"It should have come to council for approval on Feb. 23. Now we go back to the drawing board with a new direction for a one-year contract that has not been negotiated. I highly suspect that we will not be able to negotiate that, given the previous timeline of it taking a year."
When the City approved moving forward with pursuing an agreement, the council approved directing the city manager to negotiate for a new meet-and-confer agreement with the APA that achieved the following goals:
- "Maintain or improve existing terms, conditions and privileges of employment for Austin Police Department officers.
- Preserve or enhance the City’s existing civilian oversight program for APD officers as established in the current APA labor contract and City Code Chapter 2-15.
- Provide for incorporation into the new agreement of any civilian oversight program enhancements that may be approved by Austin voters in the May 2023 elections.
- Have a term of no more than one year from the expiration date of the current meet and confer agreement."
That approval came as the Austin City Council voted 10-1 to fire Cronk over his response to this month’s winter storm, effective Thursday.
The issue has been complicated by the fact that Austin City Council voted last week to put two police oversight propositions on the May ballot. While the two propositions have the same name, one is backed by the police union, while the other is backed by advocates for police reform and more oversight measures.
Had councilmembers voted to approve the four-year contract on Wednesday, the results of those May propositions would not have factored into the agreement.
"My hope is that, you know, both sides act for the best for the community and then we're able to extend it for a year before we then hopefully go back to the negotiating table and get something longer for our officers," Councilmember Zo Qadri (District 9) said.
Congressman and former Austin councilmember Greg Casar voiced his support for the one-year extension before Wednesday’s vote, tweeting, “#ATXCouncil has a choice tomorrow: Lock in weaker oversight with a 4-year police contract that cuts out the voters, or support @chitovela3’s 1-year deal that gives voters a say in civil rights & safety.”
“The Austin City Council sets policy. We will follow their direction through the interim city manager and approach the Austin Police Association to start negotiations for a one-year contract in accordance with the provisions of the resolution passed,” said Sarah Griffin, the City’s interim labor relations officer.
The City and the union have been at odds over the contracts in recent months.
In December of last year, the APA said the City and the city manager had turned on APD officers as they continued to disagree about police oversight.
"We created the most robust oversight system in the state, still wasn't good enough," the APA tweeted, adding that Cronk "wants to weaponize a system that makes officers political pawns."
The APA concluded by saying that it "continues to work while the city walks away."
Later, in a statement to KVUE, the City said police oversight was never on the table in contract negotiations. The City said from the beginning, oversight was going to be removed from the contract and that the plan has always been to make oversight part of a separate program.
In September 2022, APA leaders told KVUE that going out of contract would cause major problems for the police department, including making staffing shortages worse. The APA said the APD could have to temporarily suspend some police units, which could cause a mass retirement of officers.
"It's not necessarily feasible to try and recruit and retain officers when you only have a one-year contract," Councilmember Kelly said. "We will have officers who start a cadet academy, and by the time they're finished, the contract will be up. And what kind of signal does that send to their families?"