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Dallas passes its ordinance to protect abortion access

Good job.

Dallas City councilmembers almost unanimously passed the “Grace Act,” an ordinance aimed at deprioritizing investigations into abortions by local police departments.

[…]

This new resolution prevents city resources from being used to create records for a person seeking an abortion, or to provide governmental bodies or agencies about pregnancy outcomes or to conduct surveillance to determine if an abortion occurred.

Investigations or prosecutions of abortion allegations will also be the lowest priority for law enforcement under the “Grace Act.”

Dallas Police Chief Eddie Garcia was in attendance for the City Council meeting and was asked before the ordinance passed how the Dallas Police Department would enforce the resolution while complying with their sworn oath to enforce state law.

“We don’t know yet,” Garcia said plainly. “Myself and other chiefs in other cities don’t know exactly how this is going to look.”

Once DPD gets some direction from other cities or the state, Garcia said he would work with the city manager to figure out what standard operating procedures will be with the new resolution in mind.

“Having a policy that says you will not enforce a law on the books would be a violation of our police officer’s oath,” Garcia said. “Using discretion is different than saying you will not enforce a law in the State of Texas.”

See here for some background. As we know, Austin, Denton, and San Antonio have already taken similar action. We’re still waiting for Waco, and I have no idea if this is on the radar for Houston. Only Mayor Turner can put it on the Council agenda, and I have not seen any quotes from him about his thinking on the matter. I’ve no doubt such an ordinance would pass, but so far I don’t know if one will be introduced. If you have some insight on this, I’d love to hear it.

If “bad apples” are the problem, then shouldn’t getting rid of them be a high priority?

This San Antonio Report story is about the nine-year saga of the Redus family to get justice for their son Cameron, who was killed by University of the Incarnate Word (UIW) police officer Christopher Carter in 2013 outside Redus’ apartment. Carter has said in reports and depositions that he observed Redus getting into his car late at night while appearing to be drunk and followed him home to his apartment complex. (Redus happened to be a UIW student, which Carter didn’t know as he first observed him.) At the apartment complex, Carter shot and killed Redus, claiming that Redus had attacked him. All the evidence that has been found about the shooting contradicts that claim. By any reckoning, the shooting of Cameron Redus was completely unjustified.

The wrongful death litigation has been ongoing for several years, with UIW declining to settle despite a lot of pressure being put on them to do so. The lawsuit just survived a motion to dismiss by the 4th Court of Appeals, which led to this overview of the case by the San Antonio Report. I want to highlight the bits in there about Carter’s record as a police officer.

If the case finally goes to trial, Carter’s troubled past as a peace officer and UIW’s failure to conduct a background check before hiring Carter in 2011, or provide him with significant training afterwards, will come under the spotlight, according to pretrial depositions.

So will a number of incidents involving Carter during his time at UIW, including a middle-of-the-night intrusion into a female student’s dorm room under the guise of investigating a campus fender-bender, an episode that occurred two months before the Redus shooting. A formal complaint by the student’s family resulted in Carter’s supervisors acknowledging the officer’s unacceptable behavior and warning the student to avoid on-campus encounters with Carter.

Other allegations reported by fellow UIW officers: Carter twice unholstered his service weapon on campus in inappropriate shows of bravado and took part in an illegal, on-campus shooting of pigeons after police vehicles were soiled by the birds. Carter was formally reprimanded by his supervisor for verbally abusing and intimidating people on the Incarnate Word High School campus while directing traffic.

None of his transgressions or past issues in other law enforcement jobs led to serious disciplinary actions or a decision to terminate him from the campus force, even though other officers and UIW employees have told me Carter was widely regarded as a pariah unsuited to carry a gun or wear a badge.

[…]

Pretrial depositions raise serious questions about UIW’s hiring practices for its police force. Sources at UTSA and Trinity University told me Carter applied for positions there at the time, but his evident inability to hold a job led them to ignore his application.

Carter said he worked as a convenience store clerk and pawn shop manager trainee after earning a criminal justice degree from UTSA in 1997. He attended San Antonio College’s Law Enforcement Training Academy from 2003 through 2004 where he earned his peace officer’s license.

From September 2004 when he was hired as an unpaid reserve deputy for the City of Marion until May 2011 when he was hired as a full-time campus police officer for UIW, Carter held nine different law enforcement or security jobs, most only for a matter of months, according to his deposition testimony.

Carter said he lasted six months in the unpaid position with the City of Marion; eight months as an unpaid reserve officer with the City of Cibolo; six months as an unpaid support deputy with the Bexar County Sheriff’s Department; three months as a paid deputy with the Atascosa County Sheriff’s Department; six months as a paid court bailiff with the Bexar County Sheriff’s Department; six months as a licensed private investigator for Hub International insurance company; five months as a part time reserve officer for the City of San Antonio’s Marshal Unit, working nights as a municipal court bailiff; seven months as a night patrol officer for the City of Mathis, where he was fired for reasons Carter said he cannot recall; and six months as a code enforcement officer and peace officer for the City of George West.

Carter was hired by UIW as a campus police officer in May 2011 and was placed on paid administrative leave after fatally shooting Redus in December 2013. One year later, university officials allowed him to resign in good standing.

Since then, after applying without success for dozens of positions with various area law enforcement agencies, including applications to the City of San Antonio and Bexar County, Carter was finally hired in December 2015 for a part-time job in the City of Orange Grove in Jim Wells County, which he held for six months until May 2016. Carter was then rehired by the City of Mathis, but was fired after 11 months in March 2017.

Carter’s last job in law enforcement was with the City of Poteet, where he began as a reserve officer before moving into a full-time position. That employment ended after three-and-a-half years in November 2020 when he said he “retired” to return to San Antonio to care for family members.

A UIW panel that conducted a single pre-employment interview with Carter in April 2011 did not press him about his inability to hold a job for long, and did not ask why he was terminated by the City of Mathis, Carter said in his deposition. Carter said UIW did not require him to take any verbal or written tests, and he was never shown the university police department’s 113-page policy and procedures manual.

Carter said he did not meet UIW Police Chief Jacob Colunga prior to his hiring, and initial on-the-job training was limited to shadowing another UIW officer for two weeks. Colunga was demoted in 2014, months after the shooting.

Author Robert Rivard, who has been a longtime critic of UIW for its behavior in this incident, turned that into an editorial decrying the common practice of cops being able to go from one job to the next even as their performance demonstrates their inability to do that job. Even a cursory glance at Carter’s career would make one wonder why any law enforcement agency would hire him, and if they did hire him why they wouldn’t train him relentlessly to make sure he was up to snuff. The consequences for not doing those things are predictable and tragic. And all of this is before we take race into account – Cameron Redus, unlike many other high-profile victims of police violence, was white. These consequences so often and so regularly fall on people of color, and for the most part are invisible to many of us. But they’re very much there.

The “bad apples” explanation for police violence is woefully inadequate, but it is the case that a small number of police officers at any agency are disproportionately responsible for unjust and violent actions. It’s hard enough getting those officers off the force, but when that does happen – often through non-official means, which allows said officers to resign in good standing – they can almost always find employment elsewhere, with few to no questions asked. Tom Coleman, the undercover cop responsible for the arrest and conviction of dozens of innocent Black residents of Tulia, Texas, is another prime example of this. It’s long past time for us to ask the question why this is so, and what we should be doing about it.

How would HISD’s police respond to an active shooter incident?

It’s a question we would all rather not have to think about, but this is the world we live in. And at this time, the answer that Superintendent Millard House gave to that question was not reassuring.

Houston ISD’s police department would not be prepared should Texas’ largest school district be targeted by active shooter, Superintendent Millard House II said Thursday night.

“I don’t know that this has garnered community insight but what I do know is that, if there was an active shooter in HISD, our police department is not prepared,” House said during an agenda review meeting.

His remarks were in response to questioning from Trustee Dani Hernandez regarding an item the board is expected to vote on during next week’s meeting for purchase of items worth more than $100,000. The specific agenda item includes various purchases for the school district’s police department.

House said the district would be buying 200 rifles, 200 ballistic plate shields and rifle ammunition.

“As we study the Uvalde scenario and looked at what … proper preparation that needs to be in place, officers would not have been prepared for what that looks like,” House said.

[…]

Hernandez asked what research was guiding HISD, instead of feelings. House asked HISD police Chief Pete Lopez to share information in response to her question.

Lopez said research showed police who were better prepared helped in stopping a shooter faster. He was confident about training the district’s police force — estimated to be more than 200 employees — had received. But he did “not have a lot of confidence in preparing our officers to encounter a suspect without the proper equipment.” He said they needed scenario-based training to learn how to respond to such a threat.

The school district has about 195,000 students.

“The equipment that I’ve requested is to provide additional training to teach the officers how to breach the doors, how to use those shields and also quickly enter that room and neutralize the suspect,” Lopez said. “And of course save our students and our staff.”

Like I said, nobody wants to have to think about this. Given that we have to, there are two things that I want to know up front, based on what we have witnessed from Uvalde. One is that there is always a clear definition of who is in command at such a scene. While it’s unlikely that DPS and Border Patrol would show up at an HISD school wit an active shooter, HPD and the Sheriff’s office will almost certainly have officers on the scene. Make sure that there is a written policy that says who is the leader, so that we don’t have a nightmare situation where dozens of cops are waiting around for someone to tell them what to do. And two, the policy must also state that the top priority is going after the shooter, again to avoid a repeat of what happened at Robb Elementary. Everything else, from best practices to training to equipment to whatever else can be provided for. First and foremost, we have to make sure that there’s a commitment to stop the person or persons responsible for the shooting. You wouldn’t think this is a thing that needs to be said, and to be clearly spelled out in an official document for which there would be severe consequences for now following it, but it is and we do. So let’s make sure we have one. Campos has more.

San Antonio passes its abortion access ordinance

Good.

With a 9-2 vote, San Antonio City Council approved a resolution on Tuesday that condemns Texas’ abortion ban and recommends that no local funds be used to investigate criminal charges related to abortions.

“By passing this resolution, the City of San Antonio is committing to not using any city funds or data to sell out persons seeking out a safe abortion,” said Councilwoman Teri Castillo (D5), who spearheaded the resolution. “Furthermore, council is communicating to our governmental relations team that … protecting persons seeking an abortion is a priority heading into the state legislative session.”

More than 100 people signed up to speak during the raucous, nearly five-hour meeting. The speakers offered impassioned, often emotional testimony in favor and opposed to the resolution and the right to choose. Mayor Ron Nirenberg paused the meeting briefly after shouting erupted during testimony.

“While the legal authority over reproductive health policy lies with the state and federal governments, we do refuse to stand idly by and watch an important constitutional right, be taken away without speaking on behalf of our constituents,” Nirenberg said. “As federal and state law changes in the future, we must do all we can to support and gain ground for reproductive freedom.”

The resolution makes exceptions for investigations into instances where “coercion or force is used against the pregnant person, or in cases involving conduct criminally negligent to the health of the pregnant person seeking care.”

Several proponents of the resolution asked that more specific language be added to direct police to “deprioritize” abortion investigations.

The resolution does not prevent local law enforcement from investigating criminal cases of abortion, because the council cannot tell police departments how or whether to investigate criminal cases, according to state law and the city’s charter. Council can only make recommendations.

The resolution “does not decriminalize” abortion, City Attorney Andy Segovia said. “It does articulate a policy recommendation from the council.”

Bexar County District Attorney Joe Gonzales has said he doesn’t plan on prosecuting abortion providers under the ban.

See here for the background. As we know, Dallas and Waco are also in the queue for similar action. As yet, I haven’t seen any response to ordinances like this one and the one passed by Austin from the likes of Abbott or Patrick or Paxton; they may just be talking on their channels and it hasn’t gotten to the regular news yet, or maybe they’re just keeping their powder dry for now. It’s just a matter of time, I’m sure. The Current has more.

Dallas joins the abortion decriminalization queue

Good for them.

The Dallas City Council could consider a resolution in August aimed at blunting the impact of the Texas Legislature’s trigger law that will go into effect following the Supreme Court’s decision that overturned Roe vs. Wade.

Dallas’ measure would direct city staff—which includes the Dallas Police Department—to make investigating and prosecuting accusations of abortion “the lowest priority for enforcement” and instructs City Manager T.C. Broadnax to not use “city resources, including … funds, personnel, or hardware” to create records regarding individual pregnancy outcomes, provide information about pregnancy outcomes to any agency, or to investigate whether an abortion has occurred, a draft copy of the resolution obtained by D reads.

“I would say that it technically really does accomplish the decriminalization here locally,” said Dallas City Councilman Adam Bazaldua, who worked on the resolution and chairs the committee that will consider the matter before it goes to the full Council. “Being the lowest priority, … there’s not much of an investigation that could be done if there’s no resources that are able to be allocated.”

The measure does not apply to instances where law enforcement officials might need to investigate cases of criminal negligence by a practitioner in the care of a pregnant person, or where force or coercion is used against a pregnant person.

The resolution will be introduced in a special-called meeting of the council’s Quality of Life, Arts, and Culture Committee Tuesday. If approved by the committee, he aims to have it before the full Council at its Aug. 10 meeting. If it passes, Dallas would join many cities that have sought restrictions with similar resolutions, including Denton, Waco, and Austin. The San Antonio City Council will vote on its resolution Tuesday.

Yes, Denton and Waco. You knew about San Antonio and Austin, now you can add these three to the list.

Bazaldua said he knows the city can do little about the law itself, but he hopes this resolution would provide a measure of protection for healthcare providers who could face felony charges if suspected of providing an abortion. Pregnant people would also have similar protections, he said.

“There’s only so much that can be done at the local level and this is about as much as we can get,” he said, adding that after the resolution is passed, ideally the city would begin working with nonprofit and private-sector partners to help people locate resources if they need to travel to another state for an abortion.

He also doesn’t see this resolution endangering the city when it comes to another recently passed law that would penalize cities that “defund” their police departments. He argues that funding isn’t being reduced.

“What can they do? Punish a city for saying this should not be a priority of ours?” he said. “When we have violent crime that’s going on, that we should be focusing our resources and funding on?”

I mean, I wouldn’t put anything past Ken Paxton or the forced-birth fanatics in the Lege, but on its face that’s a strong argument. It’s also consistent with the earlier advice we saw about what cities can do on their end. I don’t know how this will play out – I cannot overemphasize how much effect the November elections could have in blunting the worst possible effects of the new anti-abortion laws and preventing the creation of new ones – but it feels good to do something, even if it may be transient. One has to wonder when there will be some action in Houston on this front. Is there a campaign going on about this that I haven’t seen yet?

San Antonio will make its statement for abortion rights

More symbolic than anything, but it still has meaning.

Five San Antonio City Council members and the mayor stood in support of a largely symbolic measure Wednesday that would attempt to “decriminalize” abortion locally.

Council is expected to approve a resolution during a special meeting called for Tuesday that would essentially condemn Texas’ abortion ban and recommend that no local funds be used to investigate criminal charges related to the ban.

“Women and individuals who are seeking access to abortion need to know that their elected officials are standing by them and will not allow city resources to be used to collect any data to potentially criminalize or prosecute them,” Councilwoman Teri Castillo (D5), who drafted the resolution and held the press conference outside City Hall, told the San Antonio Report after the event.

The resolution cannot prevent local enforcement from investigating criminal cases of abortion, Castillo acknowledged, because the council cannot tell police departments how or whether to investigate criminal cases, according to the city’s charter.

“But it’s a step in the right direction and it’s a step to build upon and implement additional policy,” she said.

Castillo didn’t elaborate on what additional policies council might consider, but said she was looking forward to hearing ideas from the community and her colleagues.

Castillo and Mayor Ron Nirenberg were joined by council members Mario Bravo (D1), Phyllis Viagran (D3), Melissa Cabello-Havrda (D6) and John Courage (D9); together, the six represent a majority of council.

The resolution is similar to the GRACE Act that the Austin City Council approved this week. That, too, was a symbolic policy recommendation, as Austin’s charter has similar rules around the direction of law enforcement.

See here for some background on Austin’s actions, about which you know what I think. I’m curious at this point to see how many other Texas cities follow in these footsteps. If it’s still relevant next year, – if there hasn’t been a federal law passed to reinstate abortion rights, and if the Lege hasn’t passed some crazy law to shut this down, and if this cause hasn’t been taken up yet here – I’ll be asking every candidate for Mayor and City Council that I interview what they think about doing the same thing in Houston. Texas Public Radio and the Current have more.

Austin takes its shot at protecting abortion access

I wish them great success. I don’t think the fanatics in the Legislature will let them achieve it, but we’ll see.

Austin City Council unanimously (in the absence of lone Republican Mackenzie Kelly) approved four items on Thursday, July 21 that aim to provide people within the city some legal protection should they seek or perform an abortion.

The special meeting was called following the U.S. Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Org. last month, which overturned its prior Roe v. Wade and Casey v. Planned Parenthood decisions guaranteeing a constitutional right to terminate a pregnancy. In Texas, 2021’s Senate Bill 8 already made those providing or “aiding and abetting” abortion care after about six weeks (before many people know of their pregnancies) liable to civil lawsuits that can be filed by anybody.

[…]

The item most likely to have immediate impact is known as the GRACE Act (Guarding the Right to Abortion Care for Everyone), a measure introduced by Council Member Chito Vela which directs the Austin Police Department to “deprioritize” investigations into criminal offenses related to abortion.

Effectively, that means Council is asking APD (technically, they’re asking City Manager Spencer Cronk to ask APD Chief Joseph Chacon) not to devote any financial resources or labor to investigating cases related to abortions. Exceptions in the measure include instances where an abortion is being coerced, or when a provider is accused of negligence.

For now, APD has not indicated how it will respond to the GRACE Act. Chacon will have to work with his executive team and the city’s Law Department on implementation, but have not provided insight into what that might look like or how long it might take. In response to questions from the Chronicle, an APD spokesperson said, “We are working through the resolution and we’ll present next time when we come back to Council.”

The unanimous Council (Kelly missing the meeting due to a previously scheduled surgery) also approved an ordinance initiated by CM Vanessa Fuentes to protect people who’ve received “reproductive health actions” from discrimination in housing, employment, or access to public services. The other two resolutions adopted at the meeting were both from Mayor Steve Adler and related to “long-term birth control,” including vasectomy. One directs Cronk to explore a public education campaign about birth control options and to ensure that city employees’ health insurance covers “low-cost birth control.” (From an insurer’s perspective, vasectomy and tubal ligation are lower-cost than ongoing hormonal or barrier birth control.) Cronk is expected to report back to Council no later than Sept. 30.

Adler’s second resolution asks staff to recommend budget provisions that would enable city employees to have “reasonable access to reproductive health care services that are no longer lawfully available in Texas.” This resolution does not include a report-back date, but presumably staff would need to offer recommendations soon if they are to be adopted along with the city’s fiscal year 2023 budget on Aug. 17.

Rockie Gonzalez, deputy director of the Austin Justice Coalition and founder of the Frontera Fund, which has organized around abortion access in the Rio Grande Valley since 2014, told the Chronicle that she was encouraged by the items Council passed. “The most important thing for advocates right now is to get decriminalization measures and protections in place for folks seeking abortions, those providing abortions and those helping other folks to get the abortion care that they need.”

The GRACE Act does not protect organizations, like the Lilith Fund in Austin, that had been helping individuals coordinate and pay for access to abortions. Depending on how APD implements the direction, however, it could protect someone who decides to help a friend or family member access an abortion. Still, Gonzalez said, the measures will help abortion care advocates in Austin because they will not have to focus as much on the criminalization of abortion in Texas.

“Locally, impact on abortion advocates is going to be a little bit of wiggle room and protection to do the advocacy work that we need to continue to do,” Gonzalez told us. “In Austin, at least, we won’t need to focus as much on creating bail funds and securing legal support for folks who might be criminalized” for seeking an abortion. She also hopes advocates can work together to pass similar measures in other cities throughout Texas.

See here and here for some background. If the Austin PD is amenable to this, then there ought to be some decriminalization benefit, at least in the short term. We know the forced-birth caucus in the Legislature will find ways to shut this down, but it’s still something for now.

The bigger problem in the meantime is the threat of SB8, the vigilante bounty hunter law, which hasn’t been used yet but is being prepped for weaponization as we speak. There’s not only nothing that the city of Austin can do to prevent those attacks, the city may find itself on the wrong side of SB8-enabled lawsuits as a result of these actions. Again, I hate to sound like a doomsayer, but these people aren’t subtle and they won’t hold back. The only way to really fight back is at the state and federal level, where the levers available to take action are much more powerful. I wish this kind of ground-level resistance could be successful. My fear is that it will be steamrolled. I hope I’m wrong. The Texas Signal has more.

Elections of interest elsewhere in Texas

Early voting has started for the special election runoff in HD118.

Frank Ramirez

Early voting began Monday in San Antonio to see who will replace former state Rep. Leo Pacheco, a two-term Democrat who resigned from Texas’ 118th district in August to teach public administration at San Antonio College.

The special election to replace Pacheco has produced two runoff candidates who continue to campaign against each other ahead of election day on Nov. 2, Democrat Frank Ramirez and Republican John Lujan.

Ramirez told the Signal he’s running to represent the community he grew up in and bring more infrastructure and education dollars to the region.

“I’m from the district through and through,” Ramirez said. “I grew up in the southside of San Antonio and I went to elementary, middle, and high school in the Harlandale Independent School District.”

After graduating from the University of Texas in 2016, Ramirez served as the chief of staff and legislative director to former state Rep. Tomas Uresti, a Democrat who briefly occupied the seat for one term during the 2017 session, the infamous bathroom bill session.

“Recognizing that our state has a lot of work to do to catch up educationally, to catch up in terms of business and property taxes and infrastructure. That was the motivating factor for me,” Ramirez said of running.

“And even though I saw a lot of bad things happen in the 2017 session, we also saw a number of good things happen,” Ramirez said. “85% of the bills that are filled in the Texas House of Representatives are bills that fit within the scope of an individual’s districts, and they’re doing good for as many Texans as possible.”

Ramirez then spent almost four years serving as the zoning and planning director of San Antonio City Councilwoman Ana Sandoval before departing in August to run for district 118.

The south San Antonio district has traditionally voted for Democrats. In 2020, Pacheco defeated his Republican opponent by almost 17 percentage points, a similar margin to Pacheco’s 2018 victory over Republican John Lujan.

I’ve covered this before, and there’s not much to add. It would be very nice to win this race, if only because the discourse that would follow a loss will be annoying as hell. It will still be the case that the outcome will have basically no effect on anything the Lege does at this point, even if there is another special session, and it will also be the case that the incumbent will have to run in a more normal environment next year in a district that still leans Democratic; it was made less Democratic by redistricting, but the trends remain in Dems’ favor. Frank Ramirez would become the youngest member of the House if he wins, and that’s cool.

Meanwhile, in Austin, there’s a contentious ballot proposition to deal with.

Early voting for the November 2021 election starts Monday and there are two Austin propositions on the ballot.

The most controversial is Proposition A. If approved by voters, it would increase Austin police staffing to two officers per 1,000 citizens, increase yearly training and increase minority hiring and community engagement.

The City said it would cost between $54.3 million and $119.8 million per year for the next five years, which is added on top of the department’s budget of $443 million city council approved for this fiscal year.

The Austin firefighter and Austin-Travis County EMS unions, as well as the local American Federation of State, County, and Municipal Employee Voting are against Prop A.

“This unfunded mandate that is on the ballot will cause severe layoffs, and it will also put a burden on the taxpayers,” said AFSCME Business Manager Carol Guthrie.

On the other side, the driving force behind Prop A, Save Austin Now, said the city has enough money to implement the initiative without hurting other departments.

“We know we need 300 to 350 more,” said president of Save Austin Now Matt Mackowiak.” We don’t believe that will happen in one year, but we should try.”

Mackowiak is either the current or a recent past Chair of the Travis County Republican Party (I can’t remember and I’m too lazy to look it up), and if you follow Scott Braddock on Twitter, you know he’s also a thin-skinned twerp. Prop A is yet another response to the recent actions by the Austin City Council to try to effect some modest reforms on policing and their police budget, and as with the Legislature it’s over the top and would hamstring the city’s budget for the foreseeable future. See these posts from Grits for Breakfast and this one from Keep Austin Wonky that cast doubt on the pro-Prop A cost estimates. I probably don’t have to tell those of you who live in Austin and read this blog to vote against Prop A, but I’m going to anyway. KUT has more.

Better cut your police budget now while you still can

That’s one possible takeaway from this.

The Texas House on Friday passed a bill to financially penalize the state’s largest cities if they cut their police budgets. The measure was sent to the Senate after two days of heated debate and emotional speeches, with the bill authors calling to “back the blue” and the opposition decrying the bill as political propaganda.

House Bill 1900 comes after a year of civil rights advocates calling on cities to reduce what they spend on policing and to reform police behavior. Those calls were spurred by high-profile deaths at the hands of police like George Floyd’s in Minneapolis and Mike Ramos’ in Austin.

Among Texas’ largest cities, only Austin cut its law enforcement funding last year, though almost all of that decrease came from an accounting shift of money that still allows traditional police duties to remain funded, but potentially in different city departments. Still, the city’s response to some activists’ calls to “defund the police” prompted harsh and immediate backlash from Republican state leaders, who have pointed to fast-rising homicide rates throughout the state and country as a reason to maintain police funding levels.

Gov. Greg Abbott became laser-focused on Austin’s budget and “backing the blue,” making legislation to punish cities that decrease police funding one of his emergency items this year.

After initial passage Thursday, HB 1900 was finally approved on a 90-49 vote Friday and sent to the upper chamber. The Senate’s related bill, which would require an election before cities could decrease police funding, passed out of the upper chamber last month. It’s unclear how either chamber will react to their counterpart’s proposal.

HB 1900 was authored by Republican state Reps. Craig Goldman, Will Metcalf, Greg Bonnen and Angie Chen Button and Democrat Richard Peña Raymond. If a city with more than 250,000 residents was determined by the governor’s office to have cut police funding, the bill would allow the state to appropriate part of a city’s sales taxes and use that money to pay expenses for the Texas Department of Public Safety. Such cities would also be banned from increasing property taxes or utility rates, which could have been used to compensate for the reapportioned sales taxes.

The bill does allow cities to cut police department budgets if such a decrease is proportionally equal to an overall city budget decrease. Cities can also get approval to cut police budgets if expenses for one year were higher because of capital expenditures or disaster response. The bill would also let neighborhoods annexed in the last 30 years to vote to deannex themselves from a city that has decreased funding to its police department.

[…]

Several other Democrats offered amendments Thursday to add exceptions for when a city could cut police department funding. State Rep. Trey Martinez Fischer of San Antonio offered leniency so city council members wouldn’t opt against a necessary increase in police funding for fear they could not turn it back the next year. And state Rep. Jarvis Johnson of Houston filed multiple amendments, including one to not punish cities for cutting civilian positions within law enforcement agencies. He said the Houston Police Department has more than 1,200 civilian jobs, including janitors and other positions he listed off.

“At any given time that Houston Police Department decides we no longer need a car attendant, we no longer need a car attendant supervisor, we no longer need a truck driver, we no longer need a typist, that does not mean that the city of Houston has decided to defund the police,” he said.

The amendments failed, as the Democrats denounced what they called partisan rhetoric and a move for state control over large cities.

On Friday, state Rep. Gene Wu, a Houston Democrat, offered up amendments to first eliminate the 250,000 population cap which Democrats argued only punished larger, more liberal cities. When that failed, he attempted to set the population cap at 50,000, then 200,000. Both amendments failed. His argument that the 250,000 limit was an arbitrary number and goes against the legislative intent of public safety for all Texans could buttress potential legal challenges if the bill is signed into law.

“If we’re true to our word to say why we are doing this … then we should accept this amendment to apply to all 30 million Texans,” he said.

Well, the real reason they’re doing this is because Greg Abbott was mad at Austin, but it’s not polite to bring that up. And not having a significant minimum population requirement means the law might have to apply to places that Republicans represent (*), and we can’t have that. So here we are. By the way, law enforcement agencies from the cities that this bill targets opposed it, and got the same result they got in opposing permitless carry. We have a strange definition of “backing the blue”, it seems.

Anyway. My suggestion in the title is not original to me, I got it from Grits for Breakfast post.

The Legislature gets to write the laws, but even they are not immune from the Law of Unintended Consequences. I don’t think legislators have considered the incentives they’re putting in place in HB 1900 punishing cities that “defund” police department (by which in Austin’s case they mean delaying cadet classes by one year). Going forward, cities that increase police spending can never again lower it. But they often need to do so. Now, cities will decline to spend more, knowing they won’t be allowed to spend less. Bill authors even rejected amendments so that overtime for one-off special events – like a Super Bowl weekend in Houston – would be counted against them the following year. If I’m right about the new incentives facing city councils under this legislation, the result will be to suppress police spending instead of bolster it. I predict that if HB 1900 becomes law, when we look back five years from now the growth rate in police budgets will have flattened, not rallied.

Indeed, the most delicious irony may well come if HB 1900 ends up itself defunding the police!

Note that this is the same logic that led to Harris County Commissioner’s Court proposing a property tax rate increase in 2019 as a way to hedge against the revenue cap law that the Lege passed that year, which would essentially prevent them from ever raising rates in the future regardless of situation or need. (This was only defeated because of an anti-majoritarian quirk in the law that allowed a minority of Commissioners to prevent the vote by breaking quorum.) I don’t actually think any city will take this action for the simple reason that it turns the heat on them in an uncomfortable way, but the incentive is there. I do think Grits is correct that the future effect will be to introduce extreme reluctance to approve any increase in police budgets, because it’s a one-way ratchet that can only have negative effects elsewhere. Indeed, it’s likely just a matter of time before city controllers and city managers start releasing five-year budget projections that warn of various consequences from this bill. Among other things – and I expect this is why the big city police departments opposed this – this will put downward pressure on wages and benefits for police officers, as well as a strong disincentive to approve overtime. Cities are going to do what they need to do. If you don’t like it, go yell at Greg Abbott.

(*) – Technically not true, though the large majority of State Reps from the cities this will apply to are Democrats. That may change in the near future, as places outside the big urban counties like Frisco, Grand Prairie, and McKinney become covered by HB1900. Maybe that will make their Republican representatives more receptive to the idea of modifying or repealing that law in the future, or maybe these cities will follow in the footsteps of places like Garland and Irving and just become Democratic cities themselves. The list on unintended consequences here could wind up being very long indeed.

Other May election results

Roundup style, mostly.

San Antonio Mayor Ron Nirenberg easily wins a fourth term.

Mayor Ron Nirenberg

Mayor Ron Nirenberg vanquished the ghost of repeat challenger Greg Brockhouse in Saturday’s City election and secured his third term in office with a win of historic proportion.

Nirenberg is now on course to become the city’s first four-term mayor since his mentor, former Mayor Phil Hardberger, led a successful campaign in 2009 to relax term limits from two, two-year terms to four, two-year terms.

That longevity in office should give Nirenberg the time and space to forge the kind of legacy established by Hardberger and Julián Castro before him.

Hardberger can point to completion of the San Antonio River’s Museum Reach, acquisition of Hardberger Park, redevelopment of Main Plaza, and jump starting the transformation of Hemisfair Park after it lay idle for 50 years. He recruited Sheryl Sculley to become city manager. Her long tenure led to the modernization of the city’s financial practices, ambitious five-year bond cycles to address critical infrastructure needs, and a new level of professional standards for city staff.

Castro, then the youngest mayor of a Top 50 city, led efforts to bring early childhood education to the forefront, well in advance of national trends, with successful passage of Pre-K 4 SA. He launched SA2020 and with it, the Decade of Downtown. Castro joined forces with Sculley to take on the powerful police union and address runaway health care costs. His growing national profile earned him a cabinet seat as Housing and Urban Development Secretary in the Obama administration.

Nirenberg is poised to establish his own legacy. Voters chose him by a 31-point margin, 62% to 31%, over Brockhouse, with the remainder going to a dozen other names on the ballot, a definitive verdict on Nirenberg’s second-term record. A Bexar Facts poll conducted with the San Antonio Report and KSAT-TV in late March accurately predicted as much. The reason: Nirenberg’s strong leadership through the pandemic.

Nirenberg won by a much wider margin against Brockhouse this time. When I look around at current Mayors for future statewide potential, Nirenberg certainly belongs on the list, but for whatever the reason I haven’t heard his name bandied about. Maybe that will change now.

San Antonio had a high-profile ballot proposition, which would have stripped the city’s police union of it collective bargaining power. It was narrowly defeated, but its proponents are encouraged they did as well as they did, and expect to continue that fight.

Austin had its own slew of ballot propositions, with a particularly contentious one that would outlaw the public camps that homeless people are now using. That one passed, and we’ll see what happens next.

The folks behind Proposition B, the citizen initiative to re-criminalize public camping in Downtown Austin and near the UT Campus, got the victory they sought for the more than $1 million they spent. With all votes counted Saturday night, the measure backed by Save Austin Now prevailed by 14 points, 57.1%-42.9%.

That’s a slightly weaker showing than was predicted before polls closed by SAN co-founder Matt Mackowiak, also chair of the Travis County Republican Party, but a win’s a win:

Those who have been paying attention will note that Mayor Steve Adler and much of Council have already decided that the June 2019 vote that Prop B reverses was a failed experiment, and have moved on to other strategies to house Austin’s unsheltered poor. Perhaps SAN will catch up soon. Whatever its merits as policy, the campaign for Prop B did almost certainly boost turnout, which all told was 22.55% countywide (just under 90% of that was city voters). That’s the highest Austin’s seen in a May election since 1994.

Even CM Greg Casar, the politician most directly rebuked by tonight’s results, is looking ahead: “I do not believe Austin is as divided as this election makes it seem. The overwhelming majority of Austinites share a common goal, no matter how folks voted on Prop B. We all want to get people out of tents and into homes,” Casar said in a statement. “Our community must come together after this election & house 3,000 more people.”

I’ll leave it to the Austin folks to figure this out from here, but from my vantage point one obvious issue here is the ridiculously high housing prices in Austin, which is fueled in part by way more demand for housing than supply. I hope the city can find a way forward on that.

Fort Worth will have a new Mayor, after a June runoff.

Fort Worth voters will chose a new mayor for the first time in a decade in June with Mattie Parker and Deborah Peoples apparently headed to the runoff.

Mayor Betsy Price’s decision not to seek an unprecedented sixth term sparked 10 candidates to run, including two council members, the Tarrant County Democratic Party chairwoman and a slew of political newcomers.

According unofficial results in Tarrant County, Peoples, a former AT&T vice president, led with 33.60% of the vote Saturday night while Parker, a former Price chief of staff, had 30.82%, with all 176 vote centers reporting. Council member Brian Byrd was in third place with 14.75%.

Parker and Peoples maintained the upper hand with results for Denton County. There, Parker took 35.17% of the vote compared to 16% for Peoples. In Parker County, Parker had 42% of the vote followed by Byrd’s 23.3%. Peoples had 12.5%.

The runoff will be June 5.

Here are the Tarrant County results – scroll down to page 21 to see the Fort Worth Mayor’s race. There were 1,106 votes cast in total in this race in Denton County, and 176 total votes cast in Parker County, so Tarrant is really all you need to know. In 2019, Peoples lost to Mayor Betsy Price by a 56-42 margin. Adding up the votes this time, counting Ann Zadeh as progressive and Brian Byrn and Steve Penate as conservative, the vote was roughly a 55-42 margin for the Republican-aligned candidates. We’ll see how it goes in the runoff.

And then there was Lubbock.

Lubbock voters on Saturday backed a “sanctuary city for the unborn” ordinance that tries to outlaw abortions in the city’s limits, likely prompting a lawsuit over what opponents say is an unconstitutional ban on the procedure.

The unofficial vote, 62% for and 38% against the measure, comes less than a year after Planned Parenthood opened a clinic in Lubbock and months after the City Council rejected the ordinance on legal grounds and warned it could tee up a costly court fight.

The passage of the ordinance makes Lubbock one of some two dozen cities that have declared themselves a “sanctuary … for the unborn” and tried to prohibit abortions from being performed locally. But none of the cities in the movement — which started in the East Texas town of Waskom in 2019 — has been as big as Lubbock and none of them have been home to an abortion provider.

It’s unclear when the ordinance will go into effect, and if it will be challenged in court.

The push to declare Lubbock a “sanctuary city for the unborn” began in the last two years and was galvanized by the arrival of a Planned Parenthood clinic in 2020. Anti-abortion activists gathered enough signatures to bring the ordinance to the City Council — where it was voted down for conflicting with state law and Supreme Court rulings — and to then put it to a citywide vote.

Ardent supporters of the measure, who liken abortion to murder, say it reflects the views held by many in conservative Lubbock. They believe the ordinance would stand up in court and say they have an attorney who will defend the city free of charge if it is challenged.

But the strategy of bringing the abortion fight to the local level has divided even staunch anti-abortion activists, and Texas towns like Omaha and Mineral Wells have voted down similar ordinances or walked them back under advice from city attorneys.

The American Civil Liberties Union of Texas, which previously sued seven East Texas towns that passed similar ordinances, has said they were watching the vote closely and hinted at a lawsuit in a statement Saturday.

Drucilla Tigner, a policy and advocacy strategist with the organization, said the “ACLU has a long history of challenging unconstitutional abortion bans and will continue to fight to protect the fundamental rights of the people of Lubbock.”

[…]

The Lubbock ordinance outlaws abortions within the city, and allows family members of a person who has an abortion to sue the provider and anyone who assists someone getting an abortion, like by driving them to a clinic.

There isn’t an exception for women pregnant as a result of rape or incest.

The ordinance would not be enforced by the government unless the Supreme Court overturned the landmark Roe v. Wade decision, or made other changes to abortion laws.

It instead relies on private citizens filing lawsuits.

Richard D. Rosen, a constitutional law professor at Texas Tech University, expects someone would sue Planned Parenthood and the legal fight would go from there.

“As long as Roe is good law I think these suits will ultimately fail, but it [could make] abortion providers … expend money for attorneys fees and it takes time,” he said.

See here and here for the background. The lawsuit that was filed against those seven towns was later dropped after the ordinances to remove language that declared the Lilith Fund and the Texas Equal Access Fund “criminal entities”. The language banning abortions in those towns remains, however. Lubbock is in a much different position than those tiny little towns, and I have no idea what happens from here. It can’t be long before someone files a lawsuit for something.

Finally, I’m sorry to report that Virginia Elizondo lost her race for Spring Branch ISD. I wish her all the best in the future.

Houston police reform items announced

It’s a start.

Mayor Sylvester Turner

Mayor Sylvester Turner on Thursday unveiled a sweeping effort to reform policing in Houston by banning no-knock warrants for non-violent offenses, restructuring the police oversight board, publicly releasing body camera footage when officers injure or kill residents, expanding diversion programs and allowing online and anonymous complaints against officers.

The reform package, which Turner outlined at a City Hall press conference with Police Chief Troy Finner and other city officials, comes nearly 11 months after the mayor appointed a task force to explore changes the city should make after the police murder of George Floyd in Minneapolis.

The group published a lengthy report last September that recommended 104 reforms to policing in Houston. Turner at the time said he supported “almost all” of the measures.

The city made more modest changes before and after it unveiled the report, such as an executive order curbing certain uses of force, “safe harbor” court to provide alternatives to jail for people who cannot afford to pay fines, and joining a cite-and-release program that gives citations instead of arrests for certain nonviolent crimes.

The slow pace in addressing big-ticket items, though, frustrated advocates looking for more immediate reforms. Turner sought to change that Thursday, addressing many of the central recommendations in the task force’s report. He said the city now has implemented more than half its suggestions.

Among the changes: a dashboard to track police misconduct and encounters while also accepting anonymous complaints; a revamped oversight board with full-time investigative staff; the ban on no-knock warrants, one of which resulted in two civilian deaths and unearthed a major scandal for Houston police; and the public release of body camera footage within 30 days of critical incidents.

The online complaint form, available in five languages, and data dashboards will be available by the end of May, Turner said. It will allow for anonymous complaints, which advocates have said is critical.

Scott Henson, executive director of justice reform nonprofit Just Liberty, said a similar change had a profound impact in Austin, where officers began anonymously reporting each other for infractions.

[…]

Turner also said he will use more than $25 million in federal pandemic relief dollars over three years to expand diversion programs, a key victory for some advocates who had called for the city to add mental health counselors to police responding to certain calls, or replace them altogether.

The diversion programs include Crisis Call Diversion, which directs certain 911 calls to mental health professionals with the goal of resolving an incident without a police response; Mobile Crisis Outreach Teams, which dispatch mental health professionals without law enforcement; and Crisis Intervention Response Teams, which pair a mental health counselor with a police officer.

The mayor said the city will expand the call diversion program to around-the-clock coverage, at an annual cost of $272,140, and hire 18 new mobile crisis outreach teams at a cost of $4.3 million per year, as the task force recommended.

While the report called for 24 new crisis intervention teams, the city will hire six new teams to add to the current staff of 12, among other efforts.

“We do ask our police officers to do way too much, and put them in some very precarious situations where the outcomes sometimes are not positive,” Turner said.

See here for the previous update. Overall, this seems pretty good, and the announcement drew praise from CMs Letitia Plummer and Tarsha Jackson, who are among the leaders in pushing for reforms on City Council. Some advocates were more muted, but at least no one was quoted in the story with harsh criticism. It’s still early days, so we’ll see about that. The next step is in the implementation, which will be another measure of the commitment from the city, as well as an indication of if we’re going in the right direction and at the right pace. It’s a good start, now we need to take the next steps. The Press has more.

On the topic of criminal justice reform, there were also a couple of items of interest from the Lege. First, the George Floyd Act passed the House.

The Texas House on Thursday quickly gave preliminary approval to three police reform measures that are part of a sweeping set of legislation following the in-custody murder of George Floyd last year.

The bills would require Texas law enforcement agencies to implement more uniform and substantive disciplinary actions for officer misconduct, bar officers from arresting people for fine-only traffic offenses and require corroboration of undercover officer testimony.

State Rep. Senfronia Thompson, lead author of the bills and the omnibus George Floyd Act, said the disciplinary measure was about fairness and accountability.

“The bill is by no means a cookie cutter process,” said Thompson, D-Houston. “Every case of officers’ misconduct is different. But so are other crimes in this state.”

The approved measures will head to the more conservative Senate after a final vote in the House. The upper chamber has also passed targeted pieces of Texas’ George Floyd Act — though only those that are also supported by police unions. The measure on officer discipline is strongly opposed by major police unions.

See here for some background. I am cautiously optimistic, but with the Senate working to pass permitless carry over the objections of law enforcement, I fear they’ll aim to appease them by watering down this bill. We’ll see.

Also from the Lege: Smaller penalties for pot possession passes the House.

The Texas House preliminarily approved a bill that would lower the criminal penalty for possessing small amounts of marijuana and provide a path for many Texans charged with such a crime to expunge it from their criminal records. The bill applies to possession of one ounce or less — approximately two dime bags.

Currently in Texas, possession of up to two ounces of marijuana is a Class B misdemeanor, which can be punishable by up to 180 days in jail and a $2,000 fine. House Bill 441, authored by state Rep. Erin Zwiener, D-Driftwood, would reduce possession of one ounce or less to a Class C misdemeanor, which carries no jail time. Police also wouldn’t be allowed to make arrests for possession at or under an ounce.

In a committee hearing, Zwiener said the language had been worked on with Gov. Greg Abbott’s office and praised the “bipartisan conversation” over reducing possession penalties. The House passed a similar measure two years ago, but Republican Lt. Gov. Dan Patrick opposed it and quickly declared it dead in the upper chamber. Patrick’s office did not immediately respond to a request for comment.

I continue to believe that no measure of marijuana decriminalization will pass the Lege as long as Dan Patrick is in a position of power. I will be happy to be proven wrong about that.

The guilty verdicts in the George Floyd murder trial

I didn’t comment on this yesterday because I didn’t have anything original to say. Today I want to echo what so many others are saying in the wake of the guilty verdicts for the police officer who murdered George Floyd. This was a first step, there’s much more to do.

Floyd’s murder sparked nationwide Black Lives Matter protests across the U.S. and in Texas during the summer and prompted renewed calls for police reform. And Texas police departments garnered criticism for their use of force during those protests. Before this year’s legislative session began, the Texas Legislative Black Caucus unveiled the George Floyd Act that would ban chokeholds and limit police use of force in an effort to protect Texans from police brutality.

Members of the caucus celebrated Chauvin’s conviction by pumping their fists and hugging during a Facebook Live stream. Many state legislators, including multiple caucus members, responded to the verdict with public calls to pass the caucus’ police reform bill, or House Bill 88, which was left pending in committee in March following a debate over a provision that would remove police officers’ legal shield against civil lawsuits.

“A just verdict, but this is only one step, and it can never bring George Floyd back,” state Rep. Sheryl Cole, D-Austin, wrote on Twitter. “Now we must pass the George Floyd Act and other reforms so that we never have to do this again.”

I do not expect HB88 to pass – it likely won’t get a committee vote, and if it does it probably never makes it on the calendar. Republicans generally don’t support the removal or reduction of qualified immunity for police. It’s the same in Congress with the national version of this legislation. That one at least passed the US House, and is among the other bills that are sidelined by the usual filibuster bullshit. Still, it has a chance, albeit a slim on at this time.

During a press conference, Houston Mayor Sylvester Turner called for reflection, and he said he and the Houston Police Department would be announcing police reforms next week. Turner said reform is a constant process that also includes investing in underserved communities, like the Third Ward, in a “real and tangible way.”

“Justice has been served,” Turner said. “The Floyd family has waited for almost a year for this verdict, but I will quickly say that they will experience the loss of their loved one, George, for the rest of their lives.”

We’ll see what’s in those long-awaited reforms. I don’t think people will be happy with a small-ball approach here. If we’re not going to take at least one big swing, I’m not sure what we’re doing.

Where are we with Houston police reform?

It feels like it’s been on the back burner for awhile, but we’re about to get some action this month.

Mayor Sylvester Turner

Houston officials are developing a system for residents to report police misconduct online and will announce changes later this month to the city’s body camera policies and Independent Police Oversight Board, Mayor Sylvester Turner said.

Turner responded Tuesday to written questions from the Chronicle, more than six months after his police reform task force released a lengthy report with more than 100 recommended changes to the Houston Police Department, including stricter disciplinary rules for officers and an overhaul of the police oversight board. Though the mayor endorsed “almost all” of the task force’s recommendations at the time they were released, he has yet to announce any major policy changes and has enacted only a handful of the smaller proposals that task force members said could be carried out within 90 days.

The slow pace has unsettled police reform advocates.

“We haven’t made any meaningful progress since the George Floyd protests, just forget about it,” said Alan M. de León, an organizer with MOVE Texas. “Whether the oversight board, union contract negotiation, or crisis intervention, on no front are we making meaningful progress, and that’s completely disappointing.”

The mayor, who controls the city council agenda and policy changes, said he plans to hire staff within the city’s Office of Inspector General — including a deputy inspector general — as his task force recommended. Turner also said he supports body cameras recommendations, including publicly releasing footage of major incidents within 30 days and installing dashboard cameras in all cop cars, and promised more details later this month.

Those pushing for police reform hope new Police Chief Troy Finner, a native Houstonian who took over Monday, will push reform. Since being appointed in March, Finner has promised to meet with and listen to reformers.

“You could tell he wanted changes to happen,” said Harrison Guy, a police reform task force member who met with Finner twice last year. “I feel like (former chief Art Acevedo) led with a lot of ego, so I felt like he got in the way of a lot of change.”

[…]

Lacy Wolf, president of the Texas Gulf Coast Area Labor Federation, said Turner’s administration has not updated task force members on the status of their recommendations. However, Wolf said after seeing bureaucratic barriers that delay reforms, he is more forgiving than some fellow union members.

“But if I put myself back in that place I was at (last summer), I could see why people would be frustrated.”

Bobby Singh, another member of the task force, said he believed Turner viewed policing reform as among the most significant policy issues of his administration.

“This is going to be a legacy line item for him,” he said.

I sure hope so. Someone once said that it’s better to be right slow than to be wrong quick. There are limitations to that, and I don’t blame anyone for feeling like this has taken too damn long, but when all is said and done either Mayor Turner has delivered on this promise or he hasn’t. I believe he can, but we still have to see what changes he makes.

One more thing:

In September, HPD joined Harris County’s cite-and-release program, which allows police officers to issue tickets for various low-level crimes instead of arresting people, fulfilling another task force recommendation.

But despite much fanfare, reform advocates say the city has failed to provide data about whether police are actually using the new rules to arrest fewer residents than before it was enacted. They said city officials told them no information was available.

“It seems like the police department is completely ignoring the mayor’s executive order, and has no intention of complying unless the county collects this data,” said Nicholas Hudson, a policy and advocacy strategist with the ACLU of Texas.

Not to get all “run it like a business” on you, but one thing I have learned in a million years of working for a large company is that if you can’t (or don’t) measure something, you can’t say anything about it. Either you provide an objective metric to show how something is or isn’t changing over time, or it’s all talk. This should be an easy fix, and it’s the only way anyone will know if HPD is doing what it says it’s doing. We have to do better than this.

Why lawsuits?

If you’ve wondered why the women who have accused Deshaun Watson of sexual harassment and assault have filed lawsuits against him instead of police reports, this Chron story offers some reasons.

The 22 women suing Deshaun Watson for allegedly sexually assaulting and harassing them have been criticized for not first taking their allegations to police.

But experts say a civil suit is often a sexual assault victim’s best shot at justice.

“In a civil case, you can expect a broader range of accountability,” said Elizabeth Boyce, general counsel and director of policy and advocacy for the Texas Association Against Sexual Assault. “You might settle before trial and that might include a public acknowledgment and apology.”

[…]

But experts said there are myriad reasons why a victim would choose to file a case in civil court instead of a criminal complaint — including compensation to pay for any emotional and medical care needed after an assault.

“Victims of sexual assault had something stolen from them,” said Noblet Davidson, founder and clinical director of enCOURAGE Trauma Center in Houston. “They need to be compensated. If you get in a car accident, you get compensated.”

The fear of being outed, for example, can deter a victim from filing a police report, Boyce said — especially when the alleged perpetrator is famous.

“Confidentiality and privacy is always at the heart of these cases,” Boyce said. “Honestly, it’s a fear of any victim of sexual assault that this is going to result in some sort of public condemnation or harassment.”

The nation has seen it play out over and over again, Boyce said.

When California professor Christine Blasey Ford testified before Congress, alleging that now-Supreme court Justice Brett Kavanaugh had sexually assaulted her in high school, she received death threats. She and her family had to move multiple times and had to pay for a private security detail.

[…]

For some victims, taking their assault to police can seem hopeless.

Not only are they retraumatized each time they have to describe their assault, Boyce said, but it can also seem as if they are not in control of the outcomes.

“In criminal cases, the state doesn’t represent the victims, they represent the state and they control every aspect of the case,” Boyce said. “And so often (the cases) are refused for prosecution for a variety of reasons — if they think they can’t win or they think there’s too much political pressure.”

The criminal investigation process also is intrusive and time-consuming, with court hearings, follow-ups with police and medical appointments, said Olivia Rivers, executive director of the Houston-area advocacy nonprofit Bridge Over Troubled Waters. Officers may show up at the victim’s house or workplace. Family and friends — who the victim may not want to tell about the assault — may be interviewed to corroborate the report.

“A sexual assault exam can take hours,” she said. “How do you explain to your family why you were at a hospital for that long? Or how do you explain to your employer why you had to miss so much work for court?”

Additionally, the burden of proof also is lower in a civil court than in a criminal prosecution. Civilly, the victims only have to show a preponderance of evidence, but in criminal cases, authorities have to prove beyond a reasonable doubt that the assault happened.

Therefore, it can easier for victims to get some form of justice in a civil court, whether it be a public apology or a monetary award for pain and suffering — especially when there isn’t enough physical evidence to criminally convict a perpetrator.

“Sexual violence … isn’t taken seriously by society,” Rivers said. “This about having their voices heard.”

Sometimes, victims might seek both criminal prosecution and civil damages.

At least one alleged victim has done exactly that, and others may follow. In the meantime, lawsuit #22 is on the books. We won’t know how successful this approach is until we have some resolutions in these cases, but the reason why the lawsuits were filed should be clear.

Mayor Turner selects the new HPD Chief

Congratulations, Chief Finner.

Houston’s next police chief will be Troy Finner, Mayor Sylvester Turner said Thursday afternoon.

Finner is one of outgoing Chief Art Acevedo’s two top assistant chiefs.

Turner’s decision comes just days after Acevedo abruptly announced that he was resigning to lead the Miami Police Department.

[…]

Finner’s career took him on patrol assignments in Southwest Patrol and South Gessner; he also handled assignments in Communication Services, Internal Investigations, Criminal Investigations and Public Affairs. Finner spent 12 years working as a patrol officer before being promoted to sergeant in 2002. He spent five years in that role before becoming a lieutenant, and then was promoted directly to assistant chief in 2014.

After Acevedo arrived, he tapped Finner to be one of his two top subordinates. Finner now oversees the department’s Field & Support Operations, which includes all of the department’s patrol commands, as well as the property room, fleet maintenance, the joint processing center and the traffic enforcement division.

[…]

The day Turner was set to make his pick, criminal justice reformers sent him a letter asking him to conduct a “transparent” hiring process of the next chief, and make changes to the mission for the role.

Noting that criminal justice reform and police-community relations are at a “critical moment,” members of the Right2Justice coalition called on Turner to conduct a national search for a new chief.

“This past summer demonstrated that the people in Houston want you and the city council to lead,” the letter’s authors wrote. “Sixty-thousand Houstonians decried brutal and racist policing practices, including those in Houston.”

In the letter, the coalition members urged Turner to focus on reducing disproportionate arrests of Black Houstonians within a year; implement changes recommended by the mayor’s previous task forces on criminal justice reform; to reduce unnecessary police interactions on low-level offenses and mental health calls, and host community meetings to gather input from residents about qualities needed in HPD’s next chief.

See here and here for the background. The Right2Justice webpage is here but I couldn’t find the letter quoted in the story; their Facebook page hasn’t been updated in months and I didn’t find a Twitter page for them. I agree broadly with their goals, and I hope Chief Finner will take steps to achieve them, beginning with those task force recommendations that we’re all still waiting on. The Houston Press reports that he is committed to doing that, which is encouraging. I wish him well in the new job, and I look forward to him getting started on that project.

Who might succeed Acevedo?

Names are floating about.

With Police Chief Art Acevedo announcing his departure from Houston, law enforcement insiders say they believe Mayor Sylvester Turner is likely to select one of Acevedo’s two top assistants — Executive Assistant Chiefs Troy Finner and Matt Slinkard — as the next chief.

Acevedo named both in his farewell letter, saying the two chiefs are “ready and highly capable” of moving the department forward. Houston Police Officer’s Union President Doug Griffith said the union supported both men.

“From a union standpoint, I think anyone inhouse could do the job and be very effective,” Griffith said. “I think our two executive assistant chiefs would be a benefit to the department and do phenomenal job. They possess the skills to lead our organization.”

Law enforcement veterans say one factor they believe may prompt Turner to choose one of the two is that if he picked someone else within HPD, it would amount to an obvious vote of no-confidence in the two men, with whom he has worked for the last five years.

At the same time, Turner’s remaining time in office — his second term ends in January 2024 — is another consideration. Given the custom of new mayors choosing their own leadership when they take office, outside candidates are presumably less interested in a job that they know has an obvious expiration date of just a few years from now.

See here for the background. What the story says makes sense, but it’s not what I’m interested in. I want to know who is going to prioritize the reforms we’ve been talking about, or at least who isn’t going to stand in their way. I don’t know what criteria Mayor Turner will use in picking a new Chief, but I sure hope he’s got that on his mind, because this is a golden opportunity for that.

HPD Chief Art Acevedo leaving

Headed to Miami.

Police Chief Art Acevedo is leaving Houston to take over the Miami Police Department, the chief told his officers in an email obtained by the Chronicle.

Acevedo informed HPD troops in an email dated Monday, March 15, that some officers working Sunday night received early. The Miami Police Department is expected to announce the news at a 9 a.m. Monday press conference.

“This is like getting the Tom Brady or the Michael Jordan of police chiefs,” Miami Mayor Francis Suarez told the Miami Herald Sunday.

In the email, Acevedo thanked officers and called his departure “truly bittersweet.”

“We have been through so much as an extended family,” he wrote. “Hurricane Harvey, two World Series, a Super Bowl, (Imelda), the summer of protest, and most recently, an ice storm of epic proportion. On top of all this, we have sadly buried six of our fallen heroes.”

Acevedo said he hadn’t been looking to move, “but with the end of Mayor Turner’s final term in office fast approaching and my strong desire to continue serving as a police officer, we decided that the timing for this move was good. Good because you will continue to serve with the strong support of Mayor (Sylvester) Turner and his council colleagues and good because Executive Assistant Chiefs (Matt) Slinkard and (Troy) Finner are ready and highly capable of continuing to move our department forward.”

The story goes into Chief Acevedo’s career and the main things that happened on his watch, so read the rest to review the history. It’s safe to say there’s a range of opinion out there about Chief Acevedo. He definitely had his good qualities, while also being a fairly straightforward law-and-order guy. He was more talk than action on police reform items, which is a big reason why some folks were not impressed by him. Of course, the impetus and agenda for reform come from the Mayor, and that will be top of mind for many people as we consider who will succeed Acevedo.

Houston Mayor Sylvester Turner confirmed Monday that Police Chief Art Acevedo is leaving for Miami, Fla., a decision the mayor said caught him by surprise.

“I hate to see him leave the city of Houston,” Turner said. “But I also realize this is an excellent, extraordinary opportunity for him at a time when he is one of the nation’s leading voices in law enforcement.”

Acevedo informed Turner of his decision Sunday at around 5 p.m., Turner said, acknowledging he had received no prior hint about his police chief’s departure. Acevedo never formally applied to be Miami’s top cop and was not on anyone’s radar there “other than just a few people at City Hall,” the Miami Herald reported Monday.

Turner said Acevedo will stay in Houston for a few more weeks. He said he would announce a new chief by the end of the week, though it was not clear if that appointment would be an interim or permanent replacement.

The mayor declined to say whether he would look to hire Acevedo’s successor from within the department or elsewhere. He downplayed the significance of the chief’s departure, while praising his tenure in Houston.

“No one person is indispensable,” Turner said. “It is about the organization and the institution that you put together. …I would like to believe that we are building a city that even if one person leaves, or two or three, this institution, this cruise ship, will continue to move forward.”

Acevedo’s replacement will inherit a department of more than 5,000 officers, which Turner has pledged to grow even amid calls from activists to divert funding to other city departments in the wake of George Floyd’s death in Minnesota last year. The mayor has said he plans to funds six police cadet classes next fiscal year, instead of the usual five, which he said he necessary to fight an ongoing crime wave in Houston.

Last year, Turner convened a task force to recommend reforms to the police department and said he supported “almost all” of the recommendations laid out by the group in October. He defended the slow progress of implementing the reforms, such as bolstering the city’s Independent Police Oversight Board and tightening disciplinary rules for officers, pointing to the COVID-19 pandemic and recent winter storm.

“Many of those things are being implemented as we speak,” Turner said. “My timetable doesn’t mean you don’t have winter storms. …Nature has its own timetables.”

[…]

At-Large Councilmember Letitia Plummer, who pushed most aggressively for police reform during last year’s budget debate, said reform should be top of mind in selecting a new chief. She said it needs to be someone who is open minded and will help implement the recommendations from a task force Turner appointed last year.

“Whoever that person is, as soon as I hear the name, I’m making a phone call,” Plummer said. “That task force worked hard on getting that done, and they delivered an impeccable document. I don’t believe that document needs to sit on the shelf.”

The councilmember said she did not have anyone in mind that fits the bill.

“Every time someone exits, in my opinion, it’s an opportunity. It’s an opportunity to make a really great choice,” Plummer said. “It’s a choice now. We have clean slate. So let’s choose someone that understands the systemic issues that we’re dealing with when it comes to policing. Let’s find a chief that can be a partner in making (reform) happen.”

I’m with CM Plummer on this one. This is indeed an opportunity. Let’s take advantage of it. I wish Chief Acevedo well in his next phase. I wish his successor even better in the next phase of HPD. The Trib and Stace have more.

One possible path for police reform in the Lege

Keep an eye on this.

The Texas Commission on Law Enforcement, which oversees licensing of the state’s 102,000 police officers and jailers, could be in for a major overhaul, state officials hinted Monday morning.

“This is the time to get it done,” John Cyrier (R-Lockhart), chairman of the Sunset Advisory Commission, said at a combination in-person and virtual hearing Monday. The commission, charged with evaluating state agencies every decade or so, last month issued a blistering report on the law enforcement oversight commission, finding it lacked meaningful ability to oversee the state’s law enforcement agencies and discipline bad cops.

It also concluded the state’s educational requirements for police were outdated and insufficient. To qualify for a peace officer license, Texas cops need fewer hours of basic training than licensed cosmetologists and less than half the education required of air-conditioning and refrigeration contractors.

Testifying to the Sunset commission — composed of five representatives, five senators, and two public members — Kim Vickers, the law enforcement commission’s executive director, agreed, saying the state’s approach to regulating law enforcement has been ineffective. “I’ll be frank,” he said. “That’s true. We’ve been saying that.”

The heart of the Sunset commission’s critique was that although the law enforcement commission is supposed to be responsible for licensing police, it has little authority to discipline bad cops. Instead, each of the state’s 2,800 local law enforcement agencies is responsible for enforcing its own standards, which can vary across departments, resulting in “inconsistently set and enforced local standards.”

Unlike in the agencies that regulate other professions such as teachers and doctors, state law gives the law enforcement commission authority to revoke a police officer’s license in only limited circumstances: if the officer falls behind on mandated continuing education, if he or she receives two dishonorable discharges, or when an officer is convicted of felony or serious misdemeanor crimes.

As a result, the Sunset commission concluded, Texas’s regulation of police was “toothless.”

For example, its examination of the licensing agency found that of 600 officers who had received “dishonorable” discharges, more than a quarter had been rehired.

There are of course a lot more things we can and should do at the state level to reform criminal justice as a whole, with marijuana decriminalization as the biggest ticket item. (Yes, full legalization would be better, but some small incremental decriminalization is the best we can hope for, given the realities of having Dan Patrick as Lt. Governor.) Banning no-knock warrants is another. I support the vast majority of them, though I know any step forward is going to be hard won. I would hope that improving the minimum standards for law enforcement training, and making it easier to permanently remove bad cops from the pool would be something that will have broad enough support to get enacted. Grits for Breakfast, writing about that original sunset report from last month, has more.

More on police oversight boards

Ours in Houston isn’t very good. Some other cities do it better. We can learn from them.

Houston’s police oversight board is the weakest among Texas’ five largest cities and suffers from “a complete lack of transparency and public reporting,” a recent study from Rice University’s Kinder Institute for Urban Research concludes.

The report, released last week, analyzed police oversight institutions in Houston, Dallas, San Antonio, Austin and Fort Worth, concluding that the agencies in each city need more resources, and fewer legislative hurdles, while its members need more experience and training.

The Independent Police Oversight Board in Houston “has very limited powers to conduct its own investigations, instead being handed completed internal affairs investigations without the ability to independently collect further evidence on the event,” reads the report, co-authored by Kinder Institute director Bill Fulton, a member of Mayor Sylvester Turner’s recent police reform task force.

The group detailed its recommendations in a 153-page report released in late September, about three months after Turner announced his 45 appointees to the board. The group recommended that city officials bolster the police oversight board with paid staffing and facilities outside the police department and by changing policy to allow the board to report some of its findings to the community, which it is currently barred from doing.

Turner has signaled he intends to adopt at least some of those recommendations, saying in early September he is “99.999 percent certain there will be some adjustments” to the police oversight board. The mayor later said he’s “overwhelmingly supportive of most of the ideas” in the task force’s report, though he said some could be difficult to fund or would require state legislative action.

The task force’s recommendations align with those presented in the Kinder report, which recommends the board be staffed with “people with legal knowledge, police expertise and research skills.” Austin has by far the most paid staff members on its oversight group among Texas’ five largest cities, the report found.

“(M)ost agencies in the state’s big cities have fewer than five employees to oversee forces of thousands of officers,” according to the report. “Houston’s IPOB has no staff or resources.”

See here for more on Mayor Turner and the task force recommendations. For more on the Kinder report, which you can find here, I’ll refer you to this Grits for Breakfast post, which goes into more detail. At this point, we have all the information we need to act. It’s time to act. I’m hopeful we’ll get some at the city level in the upcoming weeks, but as Mayor Turner says, some of this needs to happen at the state level. And there, I fear, we’re more likely to run into obstacles. For instance:

That bill is authored by Rep. Matt Krause, one of the vulnerable Republicans we were unfortunately not able to knock off this election. The problem goes a lot deeper than one State Rep, though. Cities are not going to be able to do what their voters want them to do if the Republican legislature and Greg Abbott have anything to say about it.

A bill to ban no-knock warrants

Probably won’t go anywhere, but well worth the effort.

Rep. Gene Wu

A bill pre-filed this week by state Rep. Gene Wu would ban no-knock warrants across Texas, marking the first major legislative response to last year’s botched drug raid that led to the deaths of two Houston residents and murder charges for a police officer.

Wu’s proposal, which he filed Tuesday, would bar magistrates from issuing warrants that allow police to break into residents’ homes without warning. After the practice came under scrutiny in Houston, Police Chief Art Acevedo began requiring approval from top-ranking police officials and the signature of a district court judge — not municipal court judges or county magistrates — before officers could carry out no-knock warrants.

Acevedo implemented the policy change after narcotics officers in January burst into a home on Harding Street in search of heroin, sparking an eruption of gunfire that killed residents Dennis Tuttle and Rhogena Nicholas and injured five officers. Police discovered only small amounts of cocaine and marijuana during the bust.

Shortly after the raid, Acevedo said no-knock warrants “are going to go away like leaded gasoline in this city,” prompting headlines that claimed the Houston Police Department would end the practice altogether.

Rep. Wu’s bill is HB492. The story references the recent HPD audit of the atrocious Harding Street raid, of which Rep. Wu was a harsh critic. I will note that the Mayor Turner task force report on police reform includes the recommendation of “a blanket ban on no-knock warrants for nonviolent offenses”. This bill would go farther than that, and it’s not clear to me if the Harding Street fiasco would have been covered by the recommended task force policy.

As with marijuana reform bills, there is bipartisan support for banning (or at least restricting) no-knock warrants, but any bill to do that seems doomed to me. As the story notes, a bill from 2019 that simply called for law enforcement agencies to submit reports on their use of no-knock warrants to DPS never got a vote in committee. Things have changed since then, but that’s just not a great sign. I hope I’m wrong about that.

Mayor will support the task force recommendations

Good start, now let’s get it going.

Mayor Sylvester Turner

Mayor Sylvester Turner on Wednesday endorsed “almost all” the 104 recommendations laid out last week by his Task Force on Policing Reform.

Speaking at a virtual city council meeting, Turner said a few recommendations, which he did not identify, raise questions about the need for state legislative action, and a few others prompt “some concern about where we come up with the money to implement some of the proposals.”

“But, by and large, I’ve read through the entire report and I am overwhelmingly supportive of most of the ideas,” Turner said.

[…]

The task force — which laid out an implementation timeline for all of its recommendations — would remain involved in developing the implementation strategy, Turner said.

While the mayor did not specify which items gave him pause, the task force report referred to the need for legislative action on at least one occasion. That involved allowing doctors and health care workers to issue notifications of detention, currently only allowed by law enforcement officers.

Other measures, such as amending disciplinary windows for officers, would require the union to sign off on the changes unless a state law is passed.

That prospect is unlikely. Houston Police Officers’ Union Vice President Douglas Griffith said some of the recommendations, including those regarding discipline, were ill-informed or impractical.

He challenged one proposal to allow supervisors to investigate officers 180 days after learning of alleged misconduct, rather than 180 after it occurred. The so-called “180-day rule” has been a key target for reform advocates.

Officers’ current contract and state law allows supervisors 180 days after discovering misconduct to issue temporary suspensions of up to 15 days. If department leaders want to fire officers, however, the contract requires chiefs to do it within 180 days after the alleged misconduct occurred or if the officer has been indicted.

In its report, the task force said budgetary considerations were beyond its scope, so it did not outline where to find the necessary funds to implement the measures.

“We acknowledge that some of our recommendations will require additional funding and recognize fundraising as a critical step toward implementation. That said, we implore the mayor, city council, and the HPD to explore partnerships, grant applications, and otherwise exhaust other reasonable options before declaring that something cannot be done due to a lack of funding.”

The task force included timelines on how long it believed recommendations should take to be enacted, suggesting HPD and the city implement many within 90 days. Those short-term objectives include creating a way for residents to file complaints online, or for the department to follow up with civilians who had filed complaints. A policy outlining the public release of body camera footage within 30 days of incidents and a new order on long-term patrol assignments were also included in the short-term objectives, among dozens of others.

Proponents of criminal justice reform said they were encouraged by the mayor’s comments but that Turner needed to provide more details on how he would carry out the task force’s recommendations.

“There’s never been a shortage of good ideas about police reform,” ACLU Policy Advocacy Strategist Nicholas Hudson said. “But we need a clear timeline for implementation, and aggressive action from the mayor and council, especially on items in the ‘Justice Can’t Wait’ report.”

See here for the background. My advice is to get the things that can be done quickly as soon as possible, and start building consensus or working with legislators on the rest. If the union is going to object to some things, well, that’s what they’re going to do, but don’t consider that an obstacle. This is a rare chance to make some real progress, and the success of Mayor Turner’s second term will be determined in large part by what he does with this from here.

Here comes the police reform task force report

Now let’s do something with it.

Mayor Sylvester Turner

Mayor Sylvester Turner on Wednesday rolled out his task force’s report on policing reform in Houston, but said he needed more time to digest the 153-page report before taking action on its recommendations.

The task force lists 104 reforms the city could enact to improve policing in Houston, which the Chronicle previously reported.

Among them: a fundamentally revamped oversight board with full-time investigative staff, a blanket ban on no-knock warrants for nonviolent offenses, the public release of body camera footage within 30 days of critical incidents, more stringent rules on police officer misconduct and an online process for complaints about police behavior.

Turner said his initial read indicated the report was comprehensive. He embraced revamping the oversight board — a conclusion he said he reached before the report was released — but declined to say when recommendations would be adopted.

“If you can just give me a few days to really digest it, and then to visit with Chairman (Laurence) Payne and the sub-chairs, and some of the members of city council, I’d be in a much better position,” Turner said when asked about implementation. “Literally, I just got it yesterday.”

The report is here, and I have not yet read it. But I strongly agree with the Chron editorial board that there needs to be real action here. We know the history of task forces, and of police reform more generally. The need for action is clear, and it’s urgent. Let’s not blow it. Grits, who has read the report, and the Press have more.

Turner signs cite-and-release order

Good.

Mayor Sylvester Turner

Mayor Sylvester Turner on Monday signed an executive order authorizing a new cite-and-release program for the Houston Police Department, aiming to let people accused of certain misdemeanors off with a ticket instead of a trip to jail.

Turner and Chief Art Acevedo also promised to release monthly public updates on its implementation, ensuring the public can review how the policy is applied. The order takes effect 6 a.m. Tuesday.

“The program gives them an opportunity to make changes in their lives and face responsibility for their actions without having the stain of an arrest, or serving jail time, on their record,” Turner said of accused offenders.

[…]

The policy has buy-in from HPD executives, the Houston Police Officers’ Union, and some advocates, who have called it an imperfect step in the right direction.

However, the city’s policy allows for exceptions that some argue are too expansive. The exceptions include if an alleged offender cannot provide a government ID, if there is reason to believe they will not appear in court, and if “an officer believes that offering Cite And Release to an otherwise qualified suspect is not the best course of action.”

In those cases, the officer must get supervisor approval and document the name of that supervisor in his or her offense report.

Those exceptions have given pause to criminal justice advocates who have pushed for a cite-and-release policy for years.

The Right2Justice Coalition, a group that includes many prominent local justice organizations and drafted a model cite-and-release ordinance this summer, wrote an open letter to the mayor last week asking him to strengthen the new policy.

It said the policy, as laid out by HPD, leaves officers with too much discretion and carves out too many exceptions. It is not legally binding and does not include all citation-eligible offenses under state law, the letter said.

Houston’s policy has 16 exceptions, whereas San Marcos has six and Austin has seven, according to the letter.

“We project that their program, as presented, will fail to significantly improve community safety, wellbeing and equity in the city,” the letter said.

See here, here, and here for the background. The detailed reporting is good, as that will let everyone know how this is working. Even better would be a commitment to make changes when the data shows there are opportunities for improvement. I can understand why the activists are still critical, but we’ll see how this goes. We are expecting the task force report in the next couple of days, so we will be continuing this discussion further, and maybe make some more progress as well.

Five things we could do now for police reform in Houston

Seems like a good list to me.

Five city council members on Monday sent a letter to Mayor Sylvester Turner outlining police reforms they said Houston can implement immediately, including a “complete overhaul” of the Independent Police Oversight Board, a cite-and-release ordinance and incentive pay for officers who live within city limits.

In the letter, Councilmembers Edward Pollard, Tiffany Thomas, Jerry Davis, Martha Castex-Tatum, and Carolyn Evans-Shabazz say the oversight board, which reviews probes by the Houston Police Department’s Internal Affairs Division, needs a reboot.

“We are convinced there must be a complete overhaul of the Independent Police Oversight Board (IPOB),” the letter says. “We have no confidence in the current format. We must create a structure of guidelines that governs the function of the new board to restore public trust with public input.”

They recommended the board have complete autonomy and investigative authority, with full access to all unclassified information from HPD.

The council members also say the city could implement an online, independently-maintained dashboard showing complaints of police misconduct, HPD policies, guidelines, “and other relevant information.”

“This platform will be an innovative measure to not only hold officers accountable for misconduct, but will increase police community relations by being transparent in a data driven fashion,” the letter said.

The letter outlines 25 items they asked be included in the next contract between the city and the Houston Police Officers’ Union.

See here and here for some background. There’s a copy of the letter embedded in the story, or you can see it here. The letter does not mention any budget items and also does not contain the signature of CM Letitia Plummer, who unsuccessfully introduced an amendment to this fiscal year’s budget to redirect some funding for HPD to other services, as well as other reforms. I honestly don’t know what capacity exists to amend the city’s budget during the fiscal year, so it may be that that’s a moot point. As for who did and didn’t sign this letter, in the absence of any Council members commenting on it all we can do is speculate.

As we know, individual Council members cannot introduce an ordinance for debate on their own, so whether or not anything happens here is up to Mayor Turner. We are due to get the vaunted Task Force recommendations in the next week or two, and I’m guessing Mayor Turner will prefer to use that as a starting point for whatever he wants to achieve. You can always call his office, as well as your district Council member and the five At Larges to let them know what you think.

Wait, you can’t cut that spending!

This is the sort of thing you come up with when you’re out of other ideas.

Property tax revenue would be on the line for cities that choose to defund their police departments under a new legislative proposal pitched Tuesday by Gov. Greg Abbott, Lt. Gov. Dan Patrick and House Speaker Dennis Bonnen.

“Any city that defunds police departments will have its property tax revenue frozen at the current level,” Abbott said, flanked by the other two Republican members of the “Big Three” in Texas state government. “They will never be able to increase property tax revenue again if they defund police.”

The proposal comes after the city of Austin last week unanimously voted to cut at least $20 million from the city’s police budget and earmarked an additional $130 million to potentially be reallocated to other departments. The Austin Police Department, with over 2,600 sworn law enforcement and support personnel, has had an annual budget of more than $400 million for the past two years.

[…]

It’s unclear how the legislation will define defunding police; Abbott, Patrick and Bonnen did not respond to questions requesting clarification. In Austin’s case, most funds will stay within city coffers but will address different needs.

Yeah, I’ll bet. This was the equivalent of the three of them ripping open their shirts and shouting “HULK SMASH!”, and it should be taken as such. Here’s what Scott Henson had to say.

Grits finds this bizarre on several levels. First, I thought conservatives believed revenue caps were a good thing, not a sanction applied to liberal cities for doing something they don’t like.

Indeed, I’m old enough to remember when conservatives favored less spending and smaller government. Now the governor wants to punish cities that reduce spending. We’ve passed all the way through the looking glass, it seems.

Austin cut its police budget by less than five percent. By contrast, Gov. Abbott, the Lt. Governor and the House Speaker recently told state agencies they all must cut their budgets by 5% because of declining tax revenue in the COVID era. Isn’t what’s good for the goose good for the gander?

Finally, cities around the state face budget shortfalls because of COVID combined with revenue caps the Legislature already approved. “Austin bashing” is one thing – folks in the capital city have come to expect that – but are you really going to punish every small town that must cut its police budget because tax revenue declined thanks to the virus?

Ten years ago, Texas Republicans were all about “less government” and “local control.” Now Abbott wants to micromanage municipal budgets to keep spending high. This debate is becoming downright surreal.

That’s one word for it. If you read that second link, you’ll find that most of what Austin did was move some functions out of the Police Department, thus requiring less money to be budgeted in that way, and deferred a cadet class until they revamp their training curriculum. That will likely have the effect of reducing headcount a bit in the short term through attrition, as they cut positions that are currently unfilled. It’s the most basic thing cities do, and they do it with other departments all the time.

But hey, it’s Austin, and thus Something Must Be Done, because [insert primal scream here]. I’m sure if Abbott proposed having the state fund the Austin Police Department as a way of ensuring that it never goes without ever again, Austin City Council would be willing to listen. Until then, my advice is for Abbott to resign his current position and run for Mayor of Austin. It’s clear that’s the job he really wants. The Current has more.

Where are we again with the IPOB?

Are we moving forward, or are we standing still?

A longtime member of Houston’s Independent Police Oversight Board has resigned, saying the organization’s structure prevents it from providing meaningful oversight of the Houston Police Department and should be disbanded.

In a pointed letter to Mayor Sylvester Turner dated Aug. 13, board member Kristin Anderson wrote that the civilian police watchdog “does not serve its stated purposes and it provides cover by making it appear that independent oversight is taking place.”

“In this time of radical rethinking of the purpose and function of law enforcement, someone with the courage and moral imagination beyond tinkering with the edges of reform should rethink citizen oversight in Houston,” she wrote. “If we do not act now, what a profound opportunity we will have missed.”

The resignation marks the latest criticism of the volunteer board and comes amid widespread scrutiny of law enforcement departments following the death of longtime Houston resident George Floyd at the hands of a Minneapolis police officer in May.

[…]

In an emailed statement, Turner said that when he appointed his policing taskforce earlier this summer, he ordered its members to review potential changes regarding the IPOB.

“Their work is ongoing, and I look forward to receiving the final report,” he wrote. “In fact, I already have sent Kristin Anderson’s letter to the chair. Ms. Anderson has served on the Independent Police Oversight Board since 2011. I appreciate her work and contributions to the City of Houston and wish her well.”

[…]

Anderson called on Turner to include members with a broader range of perspectives on the board.

“Formerly incarcerated citizens and others who have had both positive and negative experiences with law enforcement would represent the Houston community in a way that IPOB does not,” she said.

She also noted that she had never seen the IPOB fulfill one of its other charges: “to review and make recommendations on recruitment, training and evaluation of police officers; and to consider community concerns regarding the department.”

The letter is embedded in the story if you want to read the whole thing. We’ve had this discussion before, and it’s cleat there are many reforms that can be accomplished, some by Congress, some by the Legislature, some by Mayor Turner and City Council, and some by the collective bargaining process, which kicks in again this December. The Houston Justice Coalition has made three simple demands: enforcing body camera usage, more transparency with the IPOB, and giving the IPOB subpoena power. It should be noted that the Austin Police Department’s IPOB has better transparency than Houston’s and can initiate its own investigations, but the APD is kind of a mess, so these things have their limits. But all of them together would represent significant progress. We have to wait on the Lege till January, and Congress isn’t going to be able to do anything without a different Senate and a different President, but the city stuff can get moving any time.

Which reminds me, that Mayoral Task Force was formed in early June, and their report was to be delivered in three months. That means we’re a couple of weeks out from the deadline, at which time there better be a mandate to act. I just wanted to note this so we’re all ready for when it happens.

Introducing the George Floyd Act

Coming this spring to the Legislature.

Black lawmakers at the Texas Legislature unveiled on Thursday the George Floyd Act, a sweeping police reform proposal that would ban chokeholds across the state and require law enforcement officers to intervene or render aid if another officer is using excessive force while on the job.

The legislation, spearheaded by members of the Texas Legislative Black Caucus, is named after Floyd, a Black man killed in Minneapolis police custody. Floyd died after a white police officer knelt on his neck for several minutes until and after he lost consciousness.

His death in May set off protests across the country and renewed debate over police brutality and racial inequity. And at the Legislature, which is set to meet again in January 2021 for a regular session, Floyd’s death has sparked new calls for policing and criminal justice reforms — including proposals that have failed at the Texas Capitol in recent years, often after opposition from police unions.

“We acknowledge that the road to justice in Texas — particularly for Black and brown people in Texas — has been fraught with dead ends, dead ends of white supremacy, racial hatred and bigotry,” state Rep. Harold Dutton, a Houston Democrat who chairs the caucus, said as he kicked off a virtual press conference, which included Floyd’s youngest brother, Rodney Floyd. “These dead ends have to go — and particularly the dead ends that relate specifically to law enforcement.”

The bill would also address qualified immunity, which shields government officials from litigation, by allowing civil lawsuits at the state level “for deprivation of rights under color of law,” according to a caucus summary of the legislation. Another provision would end arrests for fine-only offenses like theft under $100, a version of which died dramatically in 2019 after union opposition.

“Those police officers who do wrong by unlawfully harming our families or our constituents, who violate the constitutional rights of others, will be held accountable and legally liable for their actions,” said state Rep. Shawn Thierry, D-Houston.

It’s unclear if the outcry sparked by Floyd’s death will provide enough momentum in 2021 to push past resistance from law enforcement and unions. It’s also unknown whether the legislation will win Gov. Greg Abbott’s support, which would be crucial in turning it into law.

Abbott has previously said he is committed to working with Floyd’s family on legislation, and has even floated the possibility of a George Floyd Act at the Legislature. While he has not offered specifics on what proposals he would support, Abbott has emphasized a proposal that has also been pushed by police union officials: strengthening law enforcement training before officers are allowed to go on patrol.

It’s still too early to pre-file bills, since after all we don’t know for sure who will be serving in the next session, but it’s never too early to announce them. The Chron adds some details.

Groups including the Texas NAACP, Mothers Against Police Brutality, ACLU of Texas, Texas Coalition of Black Democrats, Black Lives Matter Houston and Texas Organizing Project have already thrown their support behind the bill.

Gov. Greg Abbott has publicly condemned Floyd’s death and promised to work with state legislators to pass reforms, though he did not discuss specifics. State Rep. Senfronia Thompson, D-Houston, and state Sen. Royce West, D-Dallas, who plan to carry the legislation, said Thursday they had not yet spoken with Abbott about it.

“It would be a great signal if he made this an emergency item and that we pass this in the first 90 days of the Legislature,” said state Sen. Royce West, D-Dallas. “Hopefully he will partner with us on this legislation.”

The 19-member caucus that introduced the bill Thursday includes a single Republican, Rep. James White of Hillister.

While some local police and sheriff’s departments have implemented some tenets of the bill, such as requirements for officers to attempt de-escalation before using force, none of them are required for all 2,000 police agencies in Texas.

Further, the bill would require officers to demonstrate that they use lethal force only when in “imminent threat of serious bodily injury or death” or when “no other lesser level of force could have worked” and their actions present no risk to bystanders, according to a draft of the law that the caucus released Thursday. The use of force must stop as soon as the threat diminishes.

The bill states that “all force must be proportionate to the circumstance and the seriousness of the offense … and must be accompanied by (an) attempt to de-escalate.”

[…]

Charley Wilkison, the executive director of CLEAT, one of the largest law enforcement union in the state, said his organization is open to many of the concepts in the proposed bill, including banning chokeholds and ending arrests for fine-only offenses.

Other areas may require a more nuanced conversation, such as qualified immunity, as Wilkison said he believes it allows enough latitude — “It’s ‘qualified’; it’s not blanket” — under current law for citizens to sue officers for misconduct. Wilkison said he agrees with setting a statewide use-of-force policy, as long as officers retain discretion.

“If we’re allowed to be in the chain of communication, we’ll share and do our due diligence to take honest action in the Legislature,” Wilkison said.

As both stories note, some of what is in this proposed bill had been in the Sandra Bland Act originally. I don’t know that Abbott will care enough to make this bill an emergency item, but I do expect that he’ll support some form of this, and I do expect that something will pass. It’s mostly a question of how much of the bill as filed makes it to the finish line, and whether anything that is less desirable makes it in along the way. The potential for messiness, heated debate, and at least one idiot member of the Freedom Caucus saying something deeply stupid and offensive is quite high. But in the end I do expect something to pass, and we’ll feel good about what we do get. The question is how good, and how much more there will be to do in a future session. Reform Austin has more.

Give reformers a seat at the police collective bargaining table

This is a clear path forward.

Chas Moore watched in shock one night in 2017 as Austin City Council voted on the city’s proposed police contract.

He and other criminal justice reformers had spent months observing contract negotiations and lobbying council members to reject a deal they said was too expensive and lacked crucial accountability measures.

The city’s 10 council members and mayor raised their hands to vote the deal down.

“I don’t think anyone thought that would happen,” said Moore, president of the Austin Justice Coalition. “Historically people fight police unions — and they do not win.”

The vote sent police back to the negotiating table, and the resulting contract included a slew of reforms — at half the cost of the previous version.

In Houston, that negotiating table is behind closed doors.

Activists here want to change that as the city and the police union negotiate a new contract this year. They are again seeking the right to observe deliberations and to try to change provisions they say protect officers accused of wrongdoing. But while other cities with similar bargaining rules allow residents to observe negotiations, Houston does not, aided by what critics say are gaps in the state’s government code that do not clearly require union contract negotiations to be open to the public.

Houston’s police budget in 2020 tallied about $911 million — by far the largest allocation in the city budget’s general fund. While other cities across the U.S. slashed police budgets, Houston’s City Council unanimously in June passed a budget with a $20 million increase for the police department.

The pressure for reform rose around the country in the wake of the killing of former Houston resident George Floyd in police custody, and organizers say it’s overdue here.

Not long after that Austin contract rejection, community organizers in Houston sought to observe police contract deliberations here.

Local criminal justice advocate Tarsha Jackson said she approached City Hall in 2018 to try to share community concerns — but the criminal justice reformer with the Texas Organizing Project said she found an opaque process.

“It was not public. It was like a guessing game,” Jackson said.

The contract was settled behind closed doors without them getting a chance to see it or offer their input.

“As we’re having these conversations around police accountability and reform, how can we have these conversations without the community?” Moore asked regarding the efforts around the country to get a seat at the table during contract negotiations.

We all recognize that a big piece of police reform must be done via the collective bargaining process. Given that, and given the action items that the reformers are seeking, they need a seat at the table or those items will not be addressed. The Lege can and should address some items as well, but they already have a lot on their plate, and it’s never a good idea to depend on a particular bill making it through the Lege, because so many things can happen to knock it off course. This is something we can do now, because the new CBA is coming up soon.

Criticizing the HPD narcotics audit

It’s good that it was finally released, but that doesn’t mean that all questions have been answered by it.

Rep. Gene Wu

Standing outside the small house where Houston police officers conducted a raid that killed two and grievously wounded their department’s reputation, Gene Wu clasped the audit he’d been asking about for months and labeled it a scam.

Wu and other state lawmakers on Thursday criticized the internal audit of the Narcotics Division, calling it a “whitewash” and vowing to propose legislation to prevent government agencies from blocking the release of internal audits or similar documents in the future.

Also at the news conference were lawyers representing relatives of Dennis Tuttle and Rhogena Nicholas, the couple who lived at 7815 Harding St. and were killed in the raid. Gerald Goines, the officer who led the operation, was later accused of lying about the drug buy that led to the operation and is charged with felony murder and other crimes. His former partner, Steven Bryant, faces charges of tampering with a government record.

The raid could have happened only in an environment of “pervasive, longstanding custom and practice of illegal activity that was known and condoned at the highest level,” said Boyd Smith, one of the attorneys. “And this report doesn’t address that critical issue.”

[…]

The auditors — former Assistant Chief Pete Lopez, seven sergeants and one police officer — looked at the Narcotics Division’s street-level drug suppression squads. They found widespread sloppiness and lax supervision: unauthorized informant payments. Missing case review sheets. Incomplete offense reports. Hundreds of other administrative errors by undercover narcotics officers.

Most of the information authorities released previously centered on misconduct by Goines and Bryant, but auditors examined three years of casework of the two former Squad 15 officers, and probed casework of approximately 70 other undercover officers in squads 9, 10, 14 and 15. There are approximately 175 officers in the Narcotics Division.

Though they found policy violations and “numerous errors” related to confidential informant payments, they said they could not make conclusions about illegal activity without the ability to interview confidential informants or witnesses.

[…]

Patrick O’Burke, a former deputy commander at the Texas Department of Public Safety who oversaw drug law enforcement, said the audit is a “significant effort” but fails to identify the reasons for the sloppiness it uncovered.

“This report does not provide key findings that show how such problems will be limited or reduced in the future,” said O’Burke, tasked with overhauling Texas’ drug task forces after a racist drug arrest scandal in the 1990s in Tulia.

See here and here for the background. The point I would make is that the purpose of an audit like this is not just to document what happened, but also to provide a plan of action to remediate what went wrong. Where I work, if your department or project fails to get a sufficient grade on an audit – and we routinely perform audits on pretty much everything, not just on things that went wrong – you can’t go forward until you address the issues that the auditors cited. In this case, not only is the audit incomplete since key participants and stakeholders were not included, there’s no action plan. What is HPD going to do about this? How are they going to fix the problems that were identified, and put in processes and checks and safeguards and whatever else to ensure they never happen again? Note that “completely shutting down all activity related to this” is a viable path forward and should be considered as an option. What is HPD going to do? We need to know.

Here comes the police task force

Now let’s see them do something.

Mayor Sylvester Turner

Mayor Sylvester Turner on Wednesday announced the appointment of 45 people to a task force that will review Houston Police Department policies for potential reforms.

Laurence “Larry” Payne, a former staffer of Mayor Kathy Whitmire and U.S. Rep. Mickey Leland, will chair the committee, which includes activists, academics, business leaders, law enforcement officials and clergy.

Among them: Judson Robinson III of the Houston Area Urban League; Hispanic Chamber of Commerce CEO Laura Murillo; former criminal district court judge Marc Carter; George Ryne of the Texas Anti-Gang Center; and rapper Trae the Truth. The full list can be found here.

The task force is expected to bring recommendations in the next 60 days and to complete a report by Sept. 1, Turner said. Its work will invite widespread scrutiny from activists in the community who have pushed for far-reaching reforms and redirecting city funds away from police.

The launch of the working group was met with skepticism by some activists, who argued the city has studied the issue thoroughly in the past and that it is time for action.

“We believe it when we see it. Because we’ve never seen it,” said Tarsha Jackson, an advocate who formerly was the criminal justice director for the Texas Organizing Project.

See here for the background. There was more where that came from on Thursday.

More than 100 people called into a Houston city council committee meeting Thursday to demand that city leaders strengthen oversight of the police or dismantle the department altogether, as council members sought more information from law enforcement officials about potential reforms.

Among the hightlights: the Houston Police Department is not required to tell neighboring agencies when one of its recruits fails a psychological screening; and the chair of the Independent Police Oversight Board — one of the primary targets for reform among advocates and some elected officials — struggled to answer simple questions about how the board’s work could be improved.

Speaking in two-minute intervals, scores of residents challenged City Hall — often in harsh terms — to trade task forces and promises for direct, immediate action in the wake of protests over the death of Houstonian George Floyd. Their comments came a day after Mayor Sylvester Turner revealed the 45 members who will serve on his police reform task force, which generated widespread skepticism that continued Thursday into the committee meeting.

Roughly half the residents who called into the eight-hour meeting advocated for dismantling the police department, with some endorsing a strategy to strip a quarter of its funds every year for four years. They urged that those resources be diverted to other services, such as housing and health care. Other frequent targets included the oversight board; the negotiations underway for a new contract with the Houston Police Officers’ Union; and the department’s refusal to release body camera video and an audit of its narcotics division.

Skepticism is an entirely fair and rational response, and I say that as a supporter of Mayor Turner. I don’t know what this task force might come up with that hasn’t already been proposed, but at least we’ll find out in relatively short order. If I were advising Mayor Turner, I’d go back and review some of those things, and see which of them I could get implemented now, via another executive order or Council action. Maybe the value this task force can provide is by blunting the usual opposition to any meaningful change. Let’s just say the clock is running, and the case for decisive action will never be greater. Transform Houston has more.

Steps towards more transparency

Step One:

Mayor Sylvester Turner said Friday he is reviewing an internal audit of the Houston Police Department’s embattled narcotics division and will send the results of the probe to state lawmakers who have called for its public release.

Turner revealed the news days after state Rep. Gene Wu, D-Houston, authored a letter signed by seven other House members that called on Police Chief Art Acevedo to publicly release the audit’s findings.

Acevedo ordered the internal probe after the deadly 2019 raid at 7815 Harding St., which ended with the deaths of the home’s two residents and left four police officers shot. Investigators subsequently said that the officer who orchestrated the raid lied to get the warrant used in the operation. That officer, Gerald Goines, has been charged with murder and faces federal civil rights charges.

Twice in the last two weeks, Turner has declined to say whether the audit should be released, and he had not admitted to reviewing it himself until Friday. He said he is giving lawmakers access to the audit as long as they promise not to reveal it to the public.

“As I go through the audit — and I’m going through it now — you don’t want to disclose the identity of officers who have been acting undercover and expose them to risk,” Turner said after a roundtable on police reform at City Hall. “But I do understand the importance of making it available to our legislative colleagues, so that they can see it for themselves.”

[…]

Wu on Friday said it was not enough to release the audit only to lawmakers.

“This is an investigation of a public agency, of public servants’ wrongdoing,” he said. “It’s absolutely 100 percent in the public interest and right to know what public servants are doing. I cannot imagine we would tolerate this from any other city or state agency where we suspected rogue employees or individuals. The public not only has a right to know, it needs to know.”

Rosenthal echoed Wu in calling for the report to go directly to the public, not House members.

“Taxpayers paid for that report, they pay for that department, it belongs to the people,” Rosenthal said. “I’m disappointed they would ask us to not send it to the people. Our ask was that it be made public.”

State Rep. Garnet Coleman, D-Houston, said he “appreciates” Turner’s decision to allow lawmakers to review the audit.

“I think it’s important in this time that transparency is there. In a strong mayor form of government, that is a call the mayor can make,” he said. “I still think it should be public, that hasn’t changed.”

I say again, release the audit. If there are some people named in it who are not under any suspicion or who have no connection to the underlying problems, then go ahead and redact them out of it. Otherwise, I agree completely with what the representatives are saying. This is information for the public.

Step Two:

A group of 20 marched through drizzling rain on the downtown Houston streets Friday where thousands had just gathered for George Floyd, now demanding justice for a Hispanic man killed by police in April.

The rally ended in front of the Harris County Criminal Justice Center, where about a dozen more supporters joined and called for Houston police to release body camera footage of the incident in which 27-year-old Nicolas Chavez was fatally shot by lawmen while, according to a cell-phone video of the encounter, on his knees.

“I know that they’re going to make him look bad and they’re going to try to justify what they did,” said his mother, Leantha Chavez. “In the end, it doesn’t matter what he did. He was on his knees when they shot him and he was unarmed.”

Chavez’s family and friends emphasized that he seemed to be undergoing a mental crisis. His 5-year-old son stood nearby during the gathering outside of the courthouse, holding a sign that read, “Abolish the police!”

Houston Police Department spokesman Kese Smith said while the family viewed their footage, the agency needs to consult with the Harris County District Attorney’s Office before releasing video to the public.

“The family’s wishes are obviously a very important part of it, but we have to have conversations with the District Attorney’s Office as well,” Smith said.

“We are certainly available to police if they want to discuss concerns about body cam videos or any other evidence,” said Dane Schiller, spokesman for the Harris County District Attorney’s Office. “We independently review all officer-involved shootings and we present all the evidence in every instance to a grand jurors, regardless of whether it has previously been made public, so they can determine whether a criminal charge is warranted.”

Houston Police Chief Art Acevedo has asked the FBI to review the April 21 death of Chavez. He called the cell phone video “difficult” to watch but has yet to make public any of the police department’s roughly 70 videos that captured the shooting.

The whole point of body cameras, and the reason why there was such a demand for them in recent years, is precisely because they can shed light on contentious and disputed interactions between the police and the public. If the DA needs some time to review the footage to determine whether or not to bring charges, that’s fine, but let’s not draw this out any longer than necessary. This is, again, information for the public. Let’s act accordingly.

Release the audit

That’s my three-word response to this.

A growing chorus of elected officials is calling on Houston Police Chief Art Acevedo to release the findings of an internal audit on his department’s narcotics division, arguing that the chief’s refusal to do so contradicts his vows to be transparent and accountable.

Acevedo ordered the internal probe after the deadly 2019 raid at 7815 Harding St., which ended with the deaths of two homeowners and left four police officers shot. Investigators subsequently said that the officer who orchestrated the raid lied to get the warrant he used in the operation.

Now, with the death of George Floyd in Minnesota galvanizing worldwide protests and searing scrutiny of police departments across the country, state Reps. Anna Eastman, Christina Morales, Jon Rosenthal, Senfronia Thompson and Gene Wu are renewing their call from March for Acevedo to release the audit. And they are joined by three other members of the Texas House — Garnet Coleman, Gina Calanni and Mary Ann Perez — along with U.S. Rep. Sheila Jackson Lee and more than half of Houston City Council.

Wu, who wrote both letters, said that the chief’s reluctance to release the audit is at odds with his past pledges to be transparent and hold officers accountable.

“The violations of policies, procedures and laws by officers in the Narcotics Division must be made known to the public,” wrote Wu, D-Houston. “If there are other officers who have repeatedly broken the law, the continued concealment of their behavior does a gross disservice to reputations of officers who are doing their jobs well.”

You can read the rest, and you can see a copy of the letter here; page two is visible on Dos Centavos, which is where the signatures are. I mean, being transparent means doing stuff like this. If there really is some content in that audit that might affect prosecutions, a little redaction is acceptable, as long as the substance of the report is not changed. But come on, either you meant it when you said you wanted to be transparent or you didn’t. Show us what you meant.

On a related note:

The mayor shouldn’t pretend that the calls for police reform were suddenly sprung on him this week. His own transition team in 2016 made a litany of reform recommendations. Our organizations participated in the committee, as did senior members of the mayor’s administration. Then in 2017, city council spent $565,000 on a 10-year financial plan that included recommendations to cut some of the 75 percent of the budget spent on public safety over that time span.

Houston does not need another study. What we need is action on the existing recommendations for police reform. After participating in the transition committee, our organizations established the Right2Justice Coalition. We have met regularly to address ongoing issues of policing and criminal justice in Houston and Harris County. Today, we are publishing a progress report of existing recommendations from Turner’s 2016 Transition Committee on Criminal Justice and the 2017 10-year financial plan.

The progress report shows that the city has implemented only a few of the recommended reforms, the most significant being the consolidation of the city’s jails with Harris County in 2019. It has failed to adopt recommendations to develop, in partnership with grassroots organizations, a plan for community policing, to enact a cite-and-release policy to divert people accused of minor offenses from the criminal justice system, to combine 211 and 311 to better meet residents’ needs for non-police services, and to implement a body cam video release policy that “maximizes public access to footage in a prompt manner.”

And instead of civilianizing 443 positions as the 10-year plan recommends to save $5-10 million, the administration has increased the number of officers by 81 and shrunk the number of civilian positions by 258.

Delays in implementing these recommendations in the last three years have further eroded public trust. Turner and Houston Police Chief Art Acevedo’s actions speak louder than words — by that standard, their message is unchanged.

C’mon, guys. The time for action is now. You promised it, we want it. I know you can do it. Don’t let us down.

What are we going to do about that Independent Police Oversight Board?

The easy answer is “make it better”, it’s how you do that that’s harder.

As protests over George Floyd’s death swept the nation, activists in Houston cried out for police reform. Among their demands: Give us an independent police watchdog.

One already exists, city officials said: Houston’s Independent Police Oversight Board.

But the board lacks meaningful power, with one longtime civil rights activist calling it “window dressing.”

Houston’s Independent Police Oversight Board, which reviews investigations completed by the Houston Police Department’s internal affairs division, meets at police headquarters. It cannot launch its own inquiries or accept complaints directly from civilians. Members are forbidden from discussing any of the cases they review — even with the mayor or other public officials. Its sparse website includes instructions on how to file a complaint with police, but little information on the board’s own work. It lacks the power to subpoena documents or compel officer testimony. It’s a volunteer body appointed by the mayor and has no professional staff. And when members of the oversight board make policy recommendations, they often never find out what happens to their suggestions, current and former members told the Chronicle.

“It’s clear if we had additional clout, we could do more and better work,” said Gerald Birnberg, a Houston attorney who serves on the oversight board. “It feels like we’re working in the dark.”

As America reckons with racism and calls to address police violence, critics say Houston’s police oversight board is inadequate. Those who argue against change say the board has sufficient power and lacks training to investigate or issue subpoenas.

[…]

The board can make recommendations to the chief related to disciplinary action, policies and training, but the chief has the final say.

While members are forbidden from discussing the cases they review, some of their recommendations became public in a police brutality lawsuit filed after the 2012 police killing of Kenny Releford.

HPD was forced to turn over internal affairs files related to several shootings, with recommendations filed by the IPOB and its earlier incarnation. When the board reviewed the July 2012 shooting of Rufino Lara, two members of the panel wrote notes urging de-escalation training.

The officer should not have “fired her gun on someone who was not pointing or near to pointing a dangerous weapon toward her,” one member wrote. “Better training needs to be provided.”

The majority agreed with the department’s conclusions, but all checked off boxes indicating training had not been sufficient.

The police department also maintains discretion in deciding what records to release to the oversight board, though board member Kristin Anderson, a psychology professor at the University of Houston-Downtown, said members “see all documents associated with any case” that comes to the board.

She said the public deserves transparency, but said granting the board subpoena power is a “red herring” and would not give members “the ability to tell if a cop is lying.”

Birnberg said board members do not have unfettered, immediate access to all the records they request. He recalled seeing cases where board members were told obtaining an autopsy would take four months — far longer than the two-week period the board’s panels have to review individual cases.

“I don’t know if the chief is aware of the structural impediments to the panels getting meaningful information at the time they’re supposed to be ruling on the cases,” he added.

[…]

Houston attorney Joe Melugin, who spent three years suing the Houston Police Department over the shooting death of Kenny Releford, said he disagrees with those who say holding police legally accountable police should be left to the district attorney.

“Until the city fires police officers for abuses of power and unjustified violence, and until the DA prosecutes police the same as any of the rest of us, then the problems with police abuses of power will persist regardless of changes to the IPOB,” he said. “We must change how the police force exists and operates in our city.”

There’s a lot of back and forth in the story about what the IPOB can and cannot do, and I’m not in a position to assess the claims. I agree with Joe Melugin, the ultimate goal needs to be accountability, where bad cops are fired and cops who break the law are arrested and prosecuted like anyone else would be. Surely if that had always been the case, we wouldn’t be in the position we’re in right now. As for the “how do we get there” part of the discussion, I basically agree with the Houston Justice Coalition demands:

1. Uniform Body Camera Policy

The current body cam policy is a disjointed mess. Cameras are not on consistently. According to a KHOU investigative report completed in 2017, very few tapes were released to the public upon request. We demand that cameras run and that all tapes are released within 24 hours upon request.

2. Transparent Tracking of Complaints

When a complaint is made on an officer, there is no way to know the status of the complaint. The timelines for followup are egregious, and often aren’t even followed. Houstonians who want to hold police accountable must have a clear system with expedient, easily accessed methods of feedback between them and HPD to ensure that officers face consequences when they violate policy and civil rights.

3. Citizens Review Board with Subpoena Power

A citizens review board must have the power to bring officers in for questioning and possibly for charges and repercussions. Otherwise, a board is simply an artificial token, not an arbiter of true justice. We demand that a citizens review board chosen by The People, unchecked by the Houston Police Officers Union or City Hall, be formed immediately and granted with the power to subpoena law enforcement—full stop.

Maybe subpoena power isn’t all that, but let’s try it first and see where it gets us.

HISD passes its budget

And had their own debate about police funding.

Houston ISD trustees Thursday approved a $2 billion spending plan for the 2020-21 school year that includes small raises and bonuses for nearly all employees, a compromise between board members and the district’s administration amid a back-and-forth over staff compensation.

Trustees smoothly shepherded through the budget in a 7-2 vote, ending a run of three consecutive years with last-minute changes, drawn-out debate and occasional bitterness before the approval of spending proposals. While the budget contains few major overhauls to HISD operations, it lays the groundwork for an unprecedented school year amid the novel coronavirus pandemic and difficult financial decisions looming in 2021.

“This has been a challenging year with all of the unknowns,” HISD Board President Sue Deigaard said. “We’re also going into a challenging time economically, and we’ve got some really hard work ahead of us.”

[…]

Under the new budget, HISD also plans to restructure police officers’ pay and increase their salaries by about $3.5 million — a significant boost for a department with combined annual salaries totaling about $11 million. Lathan said the raises would reduce turnover, which fuels high overtime costs, by bringing officer salaries closer in line with neighboring departments.

The increase drew added scrutiny in recent days after the death of former Houston resident George Floyd, which sparked calls nationwide from some advocates seeking to reduce or eliminate spending on police. About 15 members of the public urged trustees to reject the increase or disband the district’s police department ahead of the budget vote.

“I just don’t know about spending an additional $4 million on police officers when we can spend it on kids,” said Trustee Elizabeth Santos, who joined Trustee Dani Hernandez in voting against the budget.

See here for the background. The Press adds some details.

A number of speakers including several HISD students — fighting continued technical and human error problems with the new call-in, social distancing system — called for the district to pull its police force from schools and instead direct the money to counseling, mental health assistance and libraries. Several said black students are particularly targeted by campus police out of all proportion to their share of the student body.

Ironically enough, the new budget approved an additional $3.5 million for an increase in HISD police officers’ pay, which Lathan said was lower than other police departments in the area.

Lekha Sunder, a student who said she represents a coalition of more than 950 members of the Lamar High School community who signed a letter urging HISD and Lamar to remove police officers from campuses, spoke to the board saying “When schools place police officers on their grounds, they’re agreeing to send some of their students to juvenile court for behavior they would never otherwise be prosecuted for.

“When we criminalize our students, they begin to see themselves as criminals.”

Karina Barbosa, a graduate of HISD schools, said at her high school “We had a cop but no full-time nurse. We had a cop but no on-campus library. We had a cop but no mental health counselors.”

Larsen Tosch a senior from Bellaire High School said the use of police officers in schools instills “paranoia among students, especially students of color.

“I do not see why we need to pay for bullets at a school that routinely runs out of paper.”

Board President Sue Deigaard said she was putting together an ad hoc committee of trustees to discuss the police in schools issue. In addition she said there will be a board meeting on September 1 to discuss the issue with a report from the administration. The call to defund police departments has risen nationally following George Floyd’s death while in the custody of Minneapolis police officers who have been charged in his death.

As with the city of Houston, this is a starting point. The goal is to shift spending away from police and towards other services and resources. HISD’s expenditures on police is a much smaller percentage of their budget than Houston’s is, but the principle that this is not the best use of those dollars is the same. I’m glad to see HISD is discussing this – I hope they will solicit community feedback as well – and I look forward to the report in September.