Austin's Police Oversight Office slammed by officer union for abusing investigative authority

A hearing examiner says Austin's Office of Police Oversight overstepped its authority by, among other things, improperly conducting investigations into officer misconduct and dictating the questions that could be asked of witnesses during interviews to assess whether an officer had acted inappropriately. The ruling, announced this week after a three-day hearing in late July, ended a dispute the city and the Austin Police Association labor union could not resolve on their own about setting boundaries for the tax-funded oversight office. The hearing was held at the city's Learning and Research Center and included testimony from nine witnesses. The arbitrator was Lynne M. Gomez, a lawyer from Houston who has been licensed to practice law in Texas since 1977.

"We believe this is a landmark case that we've been waiting for over a year to get resolved," union President Ken Casady said. "In the end, we can't blame all of this on the Office of Police Oversight because upper-level management at APD was allowing it. However, we have a new chief and a new chief of staff that expect high standards from the officers and high standards for the Office of Police Oversight." The city did not respond to a request to interview Police Oversight Director Farah Muscadin and City Manager Spencer Cronk. Officials issued a statement that they have received the decision and are reviewing it. "The city is committed to a strong system of civilian police oversight and is evaluating all options as it moves forward," the statement read. The ruling appears to weaken the oversight office and its director, Muscadin, raising questions about how much authority remains for the office to scrutinize officers for alleged misconduct. It might also affect discussions as the city prepares to negotiate a new contract with the police association in 2022.