Police hiring, training, and disciplinary requirements in Austin, Texas
| Police hiring, training, and discipline |
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| • Police collective bargaining agreements (CBAs) • Ballotpedia CBA dashboard •Reform proposals •CBA areas of inquiry and disagreement •Arguments about police collective bargaining • Index of articles about criminal justice policy |
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This page provides an overview of policies related to the hiring, training, and discipline of police officers in Austin, Texas. It is part of an analysis of police union collective bargaining agreements and related arrangements with police unions concerning hiring, training, and disciplinary requirements in the 50 states and top 100 cities by population.
Background
Ballotpedia in 2023 examined the collective bargaining agreements, statutes, and regulatory codes governing the 50 states and the top 100 US cities by population through the lens of a series of research questions related to police hiring, training, and discipline.
Some of the hiring, training, and discipline standards for police officers not established by statutes or regulations arise from negotiations with police unions. Those negotiations are often codified in collective bargaining agreements (CBAs). Those agreements are the contracts that states and cities sign following negotiations with police unions. Some states and cities restrict collective bargaining, but may still negotiate with police unions using other methods. After negotiating with the unions, those jurisdictions sometimes establish police standards through documents including memoranda of understanding or meet and confer agreements.
Results
The tables below link to each question Ballotpedia used to analyze the states and cities and indicate how Austin handles police hiring, training, and discipline. To see the provisions Ballotpedia used to support these results, click here.
CBA basics
| CBA basics | Results |
|---|---|
| Is the current CBA publicly available online? | YES |
| Is there a CBA with the police union? | YES |
Discipline and accountability
| Discipline and accountability | Results |
|---|---|
| Does the CBA contain provisions related to discipline for misconduct? | YES |
Primary discipline authority: City of Austin, Police Department; Types: defined as suspension, indefinite suspension, demotion in rank, reprimand, or any combination of those actions Restricted aspects: N/A; Challenge/appeal process: Officers may appeal suspension before hearing examiner or Civil Service Commission.Officer may use vacation time during suspension at discretion of chief. Lays out specific appeal process for different kinds of suspensions. Officer has right to union representation during administrative or investigatory hearing. Disciplinary matters are not subject to union grievance procedure. | |
| Does the CBA forbid the transfer or reassignment of an officer as a form of discipline? | NO |
| Do officers have a right to request third-party arbitration for grievances, including over disciplinary actions? | YES |
Condition: Certain suspensions can be appealed to arbitration; Selection: American Arbitration Association selection process; Provider: American Arbitration Association; Arbitrator authority: The arbitrator rules on whether the charges are true or not, but cannot mitigate the punishmentEmployees who opt to use vacation or holiday time to serve their suspension cannot appeal to arbitration. Suspensions can also be appealed to the Civil Service Commission. | |
| Does the CBA explicitly allow for a state ombudsman outside particular police departments to hold law enforcement officers accountable for misconduct? | NO |
Legal limitations or provisions
| Legal limitations or provisions | Results |
|---|---|
| Does the city CBA prohibit felons from becoming law enforcement officers? | NO |
| Are there any statutes or regulations that prohibit collective bargaining with police unions? | NO |
Training and counseling
Community relations and oversight
| Community relations and oversight | Results |
|---|---|
| Does the CBA reference citizen review boards? | YES |
Board name: "citizen oversight" No details | |
| Does the CBA have provisions related to community policing? | NO |
Investigations
| Investigations | Results |
|---|---|
| Does the CBA contain provisions related to misconduct investigations? | YES |
Investigative process; disciplinary actions | |
| Does the CBA require notice to officers of investigations? | YES |
Conditions: N/A; Timeline: Must receive notice 48 hours prior to providing a statement; Content: Must be provided a copy of the complaint | |
| Does the CBA determine a timeline for investigations? | YES |
Timeline to launch: N/A; Timeline to conclude: 365 days to discipline for injury to the public or citizen | |
| Does the CBA contain provisions related to compensation during misconduct investigations? | YES |
If an officer is suspended indefinitely, they may be given a lump sum of all accrued vacation hours; if the suspension is overturned, they will be granted backpay but it will be offset by any lump sum they received. | |
Evidence and records
| Evidence and records | Results |
|---|---|
| Does the CBA have provisions related to the use of body-worn cameras or body-worn camera video evidence? | NO |
| Does the CBA regulate processes for retaining officer disciplinary records? | NO |
Qualifications and evaluation
| Qualifications and evaluation | Results |
|---|---|
| Does the CBA require performance evaluations? | NO |
| Does the CBA restrict licensing procedures for law enforcement officers or departments? | NO |
Union authority
| Union authority | Results |
|---|---|
| Does the CBA limit union authority to pay and benefits issues? | NO |
| Does the CBA give the union the power to approve or disapprove new training programs for law enforcement officers? | NO |
| Does the CBA have provisions involving the union in the process for promotions, unit assignments, and transfers? | YES |
Management retains rights to hire, assign, transfer; New Leadership Development Program (LDP) for developing new commanders, union appoints 3 representatives for committee to give input on LDP; Union part of Employee Review Committee, which oversees promotions; Chief shall establish a committee with representatives appointed by union to recommend changes in job posting procedure | |
See also
Footnotes
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