The big picture
Last year's contentious labor talks between the city and APA culminated in a five-year deal hailed by both sides as a step forward in the political relationship between City Hall and the police force.
Although meetings between Austin and the APA were open to attend and livestreamed, members of the public couldn't view any documents like draft agreements or financial information—a change from previous rounds of negotiations. That came at the APA's request, with officials citing state law that makes police labor agreements and related materials public only after a final deal is signed.
In a statement last March, APA President Michael Bullock said the law exists because of the "extremely dynamic and ever changing" nature of negotiations, and that Austin police representatives aimed to avoid public confusion while contract details were being worked out.
What happened
Despite the state public records provisions, City Council passed a resolution from council member Ryan Alter on Feb. 27 that will require future labor talks to be publicly recorded and broadcast, and make all documents publicly accessible through the process. Private negotiations could be allowed if needed, with formal council approval.
In approving the new policy, several supportive officials cited the importance of clarity when the major decisions are under debate going forward.
“I think it’s really important that we have as much transparency around our public safety negotiations as possible. It’s what we’ve always done until our most recent negotiation, and I believe it’s a practice that we should instill and get back to," Alter said.
The update was disputed by Bullock, who expressed disappointment in the policy he said runs afoul of state standards. He noted that Texas open records provisions are "very clear" regardless of whether labor talks take place under standard state rules for city employees or those specific to police officers and firefighters.
"This ... appears to be an attempt where council is trying to circumnavigate the law, and we are trying to supersede state law that confers to the association our rights to effectively negotiate, which is extremely alarming," Bullock told officials.
Conversely, Austin Firefighters Association Bob Nicks said that group supported Alter's resolution. He asked to expand public access to labor arbitration hearings in addition to regular negotiating sessions, and also called for the city to use better equipment to present materials under consideration during those meetings.
Council member Mike Siegel—who formerly represented local criminal justice advocacy group Equity Action in its legal attempts to block the police contract's approval last year—said the accessibility update will benefit residents.
“I think the public really expects us to promote openness and transparency when we’re making big financial decisions, including entering into very large collective bargaining contracts," Siegel said. "I believe that the representative from the APA misunderstands public information law. The Texas Public Information Act is a floor, not a ceiling, and so nothing in state law prevents us from providing more transparency.”
Council member Marc Duchen abstained in council's 10-0-1 vote for the resolution. He said he was concerned about the potential for Austin to become embroiled in another lawsuit over the update, and the gap between city attorneys' and the APA's view of state requirements.
“It does seem like there’s a pretty big gulf in how they’re interpreting the law, as well as how they’re also interpreting whether or not this provision was a particular success factor for why the negotiations were successful last year but previously were not," he said.
