Commission vote on DPS in Austin won’t stand after violation of Texas Open Meetings Act

AUSTIN (KXAN) — An item voted on during last month’s Austin Human Rights Commission meeting won’t stand, according to the city, after the commission failed to follow proper Texas Open Meetings Act requirements.

According to a tweet from Kolby Duhon, which appears to have been deleted Friday, the item would have called on the city council to “hold a vote on the future of the joint policing agreement” with the Texas Department of Public Safety to “do what they know in their hearts is right for the citizens of Austin.” Duhon brought the item forward.

In the resolution, Duhon pointed to the disproportionate number of Black and Latino Austinites arrested during the first month of DPS’ partnership with Austin police. KXAN has previously reported that 65% of people DPS arrested for misdemeanors during that time were Latino and 23% were Black. City Council has since directed the police department and DPS to shift their strategy.

But the item suggesting council nix the partnership doesn’t appear on the commission’s June 26 agenda, which violates state law. KXAN reached out to the emails of each commission member Thursday and did not get a response. This was Duhon’s first resolution brought to the commission, Duhon noted in his now deleted post.

About an hour into the meeting, the commission took up the item, according to city audio. Several commissioners verbalized they had not received a copy of the resolution prior.


How does DPS traffic stop data differ from APD’s?

Still, the item passed with one member recusing.

“On the first day in which DPS is to return to Austin, I’m proud to highlight my first resolution as a Human Rights Commissioner. I call on all of Council to heed the unanimous voices of voting members present, find their courage, and do what they know is right,” Duhon posted on Twitter July 2 and later deleted.

Council Member Mackenzie Kelly, who has been an advocate of DPS help in Austin, said she notified the city of the possible violation, asking it be looked into.

“The best government is one that is done in public, and I’m pleased to know that the problem I identified is going to be corrected,” Kelly said.

A City of Austin spokesperson said the following:

“The Law Department provides legal advice to all 70-plus City boards and commissions. Board and commission members seek legal advice as issues arise, and attorneys will attend meetings as needed. The Law Department also works with the Clerk’s office to provide training to board and commission members regarding the legal requirements of the Open Meetings Act and the Public Information Act.”


Memo: DPS returning to Austin July 2

“This recommendation will not be sent to Council, and we are working with the Commission to repost the item for future consideration.”

Texas Department of Public Safety troopers resumed patrols in Austin Sunday after a 1.5-month pause. The City of Austin said the troopers will fill the gaps while the Austin Police Department deals with staffing shortages.

 

A DPS trooper patrols in east Austin.
A DPS trooper patrols in east Austin.

AUSTIN (KXAN) — An item voted on during last month’s Austin Human Rights Commission meeting won’t stand, according to the city, after the commission failed to follow proper Texas Open Meetings Act requirements.

According to a tweet from Kolby Duhon, which appears to have been deleted Friday, the item would have called on the city council to “hold a vote on the future of the joint policing agreement” with the Texas Department of Public Safety to “do what they know in their hearts is right for the citizens of Austin.” Duhon brought the item forward.

In the resolution, Duhon pointed to the disproportionate number of Black and Latino Austinites arrested during the first month of DPS’ partnership with Austin police. KXAN has previously reported that 65% of people DPS arrested for misdemeanors during that time were Latino and 23% were Black. City Council has since directed the police department and DPS to shift their strategy.

But the item suggesting council nix the partnership doesn’t appear on the commission’s June 26 agenda, which violates state law. KXAN reached out to the emails of each commission member Thursday and did not get a response. This was Duhon’s first resolution brought to the commission, Duhon noted in his now deleted post.

About an hour into the meeting, the commission took up the item, according to city audio. Several commissioners verbalized they had not received a copy of the resolution prior.


How does DPS traffic stop data differ from APD’s?

Still, the item passed with one member recusing.

“On the first day in which DPS is to return to Austin, I’m proud to highlight my first resolution as a Human Rights Commissioner. I call on all of Council to heed the unanimous voices of voting members present, find their courage, and do what they know is right,” Duhon posted on Twitter July 2 and later deleted.

Council Member Mackenzie Kelly, who has been an advocate of DPS help in Austin, said she notified the city of the possible violation, asking it be looked into.

“The best government is one that is done in public, and I’m pleased to know that the problem I identified is going to be corrected,” Kelly said.

A City of Austin spokesperson said the following:

“The Law Department provides legal advice to all 70-plus City boards and commissions. Board and commission members seek legal advice as issues arise, and attorneys will attend meetings as needed. The Law Department also works with the Clerk’s office to provide training to board and commission members regarding the legal requirements of the Open Meetings Act and the Public Information Act.”


Memo: DPS returning to Austin July 2

“This recommendation will not be sent to Council, and we are working with the Commission to repost the item for future consideration.”

Texas Department of Public Safety troopers resumed patrols in Austin Sunday after a 1.5-month pause. The City of Austin said the troopers will fill the gaps while the Austin Police Department deals with staffing shortages.

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