Court Ruling Could Kill the Austin Police Department’s Secret Misconduct File

Austin Police Department News

Court Ruling Could Kill the Austin Police Department’s Secret Misconduct File
Austin Police Oversight ActEquity ActionG File
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The G file has its day in court

Last week, attorneys sparred over the legality of APD using a “G file,” which is a collection of confidential records that some police departments in Texas maintain. Using a G file allows police to keep certain internal investigation records private. At a June 12, the city and attorneys representingPart of the purpose of the G file is to keep unsubstantiated complaints against officers from harming their reputations.

Equity Action’s position has been that since the Oversight Act prohibited a G file, the court should order the city to stop using it. At the June 13 hearing, city attorneysaid the city “welcomes the court’s ruling on how we should proceed” on the G file question, but outlined a few concerns about publicly disclosing records.

Vahl characterized the question as a “high stakes issue” because the city could face “criminal penalties” for disclosing records through the Texas Public Information Act that should be confidential. But, as Equity Action attorneyrebutted, the Oversight Act would only require public disclosure of “true and substantiated charges.” The city could continue to withhold records of complaints that “are not substantiated” or “that would injure a police officer’s confidentiality, privacy, or safety.

Cantú Hexsel has not ruled on the matter as of Wednesday, June 19. If she does rule in Equity Action’s favor, the city would be ordered to stop use of the G file and the parties would continue to argue the remaining claims in the lawsuit.has been Austin’s independent news source for over 40 years, expressing the community’s political and environmental concerns and supporting its active cultural scene.

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