Both sides seem to agree that it would help boost morale and help with recruiting and retention. But bargaining is being complicated by a lawsuit filed in December over implementation of Prop A.
Austin American-Statesman
Skye Seipp, Austin American-Statesman
January 8, 2024
It’s been nearly a year since the last long-term contract between Austin and its police officers ended, and it's not certain when another one will be reached.
While both the Austin Police Association and the mayor seem to agree that a contract would improve various problems plaguing the department — such as high attrition rates and low morale — there are other factors at play slowing down the two getting back to the bargaining table.
Michael Bullock, the newly elected president of the police union, said he doesn't believe the city will be able to bargain in good faith until a court issues a ruling on a lawsuit filed last month by the advocacy organization Equity Action.
Equity Action, the organization responsible for getting an expansion of civilian oversight of police on the ballot last May, sued prominent members of the city and Police Department last month, claiming that the city has failed to implement key aspects of the voter-approved amendment.
“Equity Action has painted the city into a corner where they effectively can't negotiate a contract right now because we don't know what the city can or can't talk to us about,” Bullock said. “There's differing interpretations about state law and the oversight ordinance. So until that gets worked out, we're kind of stuck in this position where we have to wait and see what a court is going to say.”
At the crux of the lawsuit are questions about the "G-file," a secret file on aspects of complaints against officers that police departments are allowed to keep under state law. The Austin Police Oversight Act, which was overwhelmingly approved by the voters, eliminated that file to increase transparency, but it still exists.
The city says it would be breaking state law if the Austin Police Department were forced to get rid of the file. Advocates with Equity Action disagree.
It's unclear when any type of decision will come from the courts on the lawsuit, but it could take longer than Mayor Kirk Watson wants to wait.
"My hope is that we wouldn't let a third-party lawsuit ... be a barrier to getting back to the table," Watson told the American-Statesman. "I think we do agree it's in the best interest of the police and therefore in the best interest of the people of this city to get to a contract, (and) I would argue sooner rather than later."
The conflict dates to last February, when former city manager Spencer Cronk announced that the city and police had agreed on a four-year contract.
City leaders rejected that contract because of the upcoming election on the Austin Police Oversight Act and instead asked the police union to negotiate a one-year contract, something the former union president rejected. Watson said he does not regret letting voters make a decision in the May election before accepting a new long-term contract, adding, "People have a right to have their voice heard and not be preempted."
Mikala Compton/American-Statesman
While Bullock said he's talked with city leaders and understands they also want to get to a contract, it's something that won't happen with the lawsuit "looming overhead."
And as the department continues to face a "morale crisis" among officers, Bullock said there are other things that can be done outside of a contract to help officers feel supported.
For starters, he said the city can approve another pay and benefits ordinance as it did last year. Additionally, Bullock said there have been some issues with worker's compensation and getting some new equipment, such as vehicles, that could all be handled without a contract.
Watson said he intends to bring an item this month to approve another pay and benefits ordinance. He added that while he wasn't aware of those other issues Bullock mentioned, the city is "going to take care of (any problems) if we know about them."