The 179-page report from consultant Kroll Associates reviewed hundreds of APD use of force incidents from the past several years, and how race and gender may have affected those events. The report also pulled from thousands of recent records of traffic stops, searches and arrests, as well as APD’s data collection and hiring practices.
While racial disparities and incidents of concern were identified throughout the report, the Kroll report cautioned that statistical analysis of APD's data cannot identify prejudice, or lack thereof, in individual officers or the department.
“Racial and ethnic disparities does not mean bias, and if we really want to reduce these disparities we have to get past that notion that automatically means bias and better understand those racial and ethnic disparities [and] what’s truly happening," said Robin Engel, a University of Cincinnati criminal justice professor and member of the Kroll research team.
The report stems from a city-led effort to investigate the extent of "bigotry and discrimination" in APD culture that council launched in 2019, and is based on data gathered from 2017 through 2020. Kroll released its first report centered on APD’s cadet academy last spring.
“The completion of this report is an important milestone in our ongoing effort to reimagine public safety in Austin," said Rey Arellano, Austin’s assistant city manager for public safety, in a statement. “This in-depth analysis offers a roadmap to addressing systemic inequities that erode trust between Austin Police and the public.”
The report was the subject of a Jan. 25 briefing between City Council members and Kroll researchers that may see a follow-up in the near future. Several officials said they would like to hold another briefing on the topic given the limited time they had to look through the extensive document before the two-hour discussion.
The Kroll report may be viewed here.
Uses of force
Among the report's top findings was a “significant” disparity in APD’s use of force on Black and Hispanic Austinites. Over the research period, APD data also showed that uses of force by officers were on the rise citywide despite steadily declining arrests year-to-year—a trend Police Chief Joseph Chacon attributed in part to a 2018 change in the department’s reporting on force.
The report also stated that, while overall differences were found across use of force cases, many of those disparities were reduced when accounting for additional population and risk benchmarks developed by Kroll.
Kroll found that impairment, either due to drug use or mental instability, was among the top factors in uses of force. White individuals made up the largest share of those with force used against them while impaired—especially when under the influence of drugs, including alcohol. Among those not impaired, around twice as many Black individuals had force used against them compared to whites.
Of 1,321 selected incidents in which force was used from June through November 2019, Kroll cited the majority as "justified" while 112—8.48%—contained “issues of concern,” including 82 that were “inappropriate or caused by an unnecessary escalation” by APD.
Kroll said factors behind the concerning uses of force include: conducting “stop and frisks” without reasonable suspicion and detaining people without a valid charge; needless escalation by officers; and "extremely limited or nonexistent" review of such incidents by APD supervisors.
Kroll analysts noted five uses of force involved potentially deadly neck restraint or chokeholds despite being instances when lethal force would not be authorized under department policy.
“The APD has policy guidance in place on some of these relevant national issues. But to me ... a lot of times, the policies are not being enforced,” said Kroll policing expert Rick Brown, a former Pennsylvania State Police deputy commissioner.
Other findings
The report included several other key takeaways.
- The Kroll team said it could not draw conclusions on any potential disparities during traffic stops based on available APD information. The report found 44.8% of stops from 2017 to 2020 involved white individuals, 35% involved Hispanic individuals, 14.9% involved Black individuals, 4.1% involved Asian individuals and 1.2% involved those of other races.
- While Kroll cautioned that APD’s traffic stop data does not allow for a direct comparison to Austin's population, researchers did note some statistical racial differences. When compared to white people, Black and Hispanic individuals were less likely to receive a warning, Hispanic individuals were more likely to be cited, and both Blacks and Hispanic people were more likely to be arrested.
- Kroll found APD’s recruitment practices to be “comprehensive, creative and reach[ing] a large group of diverse candidates.”
- However, the department’s demographics do not reflect several minority populations in Austin—especially in leadership positions. Women are underrepresented at APD as well, making up just over 10% of the department force despite being around half of Austin’s population. Kroll said that trend is “slightly” below the national average for police departments.
Recommendations
Kroll analysts forwarded several recommendations to the city and APD based on findings in the January report. Among them were updating data systems that are “woefully behind” other top police departments; providing more detail in future police reports; improving the department’s use of force policies and training; and better monitoring the disparities outlined in the new analysis.
"The report represents some of the good things that we’re doing at the Austin Police Department and certainly represents some areas we can improve. My staff will be reviewing all of the different sections and particularly the section on recommendations on how we might be able to have better outcomes, essentially, than what this report represents," Chacon told City Council.
Official review
During council’s Jan. 25 work session covering the report, several council members laid out their own top takeaways from the report while also asking for a deeper dive into Kroll’s findings in the near future.
District 1 Council Member Natasha Harper-Madison said one of her chief concerns was the prevalence and frequent overreach of stop and frisks reported on by Kroll. An officer's stated concern for safety can oftentimes lead to "really frightening" interactions between residents and police, she said, and a clearer policy related to officer discretion and safety is needed.
The Kroll report included several narratives of "troubling" APD cases caught on body camera, including one in which an officer chased down an 11-year-old girl standing outside her home before "forcibly" handcuffing and frisking her "for their safety," despite Kroll finding they had no constitutional standing to do so.
“If a uniformed officer is afraid for their safety because of an 11-year-old female, then I’d like very much to know more about the circumstances surrounding that and those like that," Harper-Madison said.
Other council members asked researchers about the link between mental health calls and uses of force and the disproportionate amount of APD activity tracked within the department's downtown George Sector.
Several officials said some of Kroll's findings around Austin's entertainment district in the George area could also tie into the ongoing work of the Safer Sixth Street task force, especially related to local bars and businesses, and researchers added that outlying statistics in George could merit further review.
“What’s happening in George Sector is out of proportion based on not just residential population, but also on reported crimes in those areas," Engel said. "If you’re looking for and trying to understand racial and ethic disparities and reducing those as well, this would be a good place to start."
Kroll analysts will likely return before council in mid-February to discuss their final report on the APD cadet academy's 144th class set to graduate Jan. 28. The team's Jan. 25 presentation to City Council may be viewed here.
