Civilian Oversight Commissions
A public hearing at the Texas Capitol is scheduled for Monday, April 3 to discuss Senate Bill 2209, proposed by Kelly Hancock (R) of Senate District 9 in Tarrant County. The bill defines "civilian oversight commission" as “any civilian body created or appointed by a political subdivision to oversee, monitor, or investigate firefighters, law enforcement officers, or departments.” It also provides that any correspondence or documents related to alleged misconduct are confidential while the investigation is pending and makes it ineligible for a person to “serve on a civilian oversight commission if they have been convicted of a felony offense” [1]. If passed, civilian oversight commissions would be rendered powerless and have little or no access to officers' conduct or alleged misconduct until the police conclude their investigations.
Local Government Code Ch. 143 (Municipal Civil Service for Firefighters and Police Officers) may create barriers to citizen oversight as it sets many of the parameters that govern how municipalities may review officers’ personnel files, consider past disciplinary infractions, or discipline officers in a timely fashion. LGC 143 places a 180-day limit on an officer receiving disciplinary suspensions from the day the department becomes aware of the act; allows officers to identify their complainants, which is a disincentive for civilians and undocumented immigrants; and mandates the removal of disciplinary action against an officer’s record if that action is expunged by a hearing examiner [2]. Section 143.089 (g) of LGC 143 states that “the department may not release any information contained in the department file to any agency or person requesting information relating to a firefighter or police officer” [3].
The City of Fort Worth's Office of the Police Oversight Monitor was established in February 2020 to provide oversight and accountability of the Fort Worth Police Department through auditing; community engagement; data collection and analysis; mediation; periodic reporting; and reviewing policies and procedures [4]. The Austin Office of Police Oversight (OPO) was established in 2018 to provide oversight of the Austin Police Department to start complaints independently of specific residents and make recommendations to the City Manager and APD about individual incidents and investigations [5]. In late 2021, an arbitrator declared the Austin Office of Police Oversight had overstepped the bounds laid out in the contract by investigating complaints, collecting evidence, and interviewing witnesses [6]. After “major restructuring,” the Independent Police Oversight Board (IPOB) of Houston has done the following: placed a ban on "no-knock" warrants for nonviolent offenses; appointed a Deputy Inspector General for the new Office of Policing Reform and Accountability; expanded existing partnerships between HPD, mental health professionals, and social services organizations; created an Executive Order to restructure the IPOB and named a new board chair; and published the Police Transparency Dashboard website, changing how the public files complaints and accesses information [7]. San Antonio's oversight group, a board appointed by the City Council, has very little oversight authority. In 2022, the city and police union adopted an amended contract to give the department more power over disciplinary reviews of its officers [6].
Sources:
[1] https://capitol.texas.gov/tlodocs/88R/analysis/html/SB02209I.htm
[3] https://statutes.capitol.texas.gov/Docs/LG/htm/LG.143.htm
[4] https://www.fortworthtexas.gov/departments/opom
[5] https://www.austintexas.gov/department/office-police-oversight
[6] https://www.texasobserver.org/austin-office-police-oversight/
