Cutting through the hype in Austin's Prop A versus Prop B election

When cornered and left without much in the way of reasonable argument on any given ballot issue, radical Progressives in Austin will almost always resort to blaming conservatives.

Such has been the case with Proposition A versus Proposition B, appearing on the May local election ballot starting Monday, April 24, 2023.

The unsubstantiated rumor going around is that those dastardly Republicans, independent conservatives, assorted Libertarians, and any number of right-leaning rabble-rousers are behind Proposition B as a sinister means to derail Proposition A and any attempt to provide oversight of law enforcement and achieve racial justice within the capital city. And how dare they!

In truth, the Travis GOP has been silent on the matter (UPDATE: TCRP executive committee voted to oppose Prop. A and support Prop. B just a week prior to early voting). A closer look at the scenario (we'll explain what each proposition would do below) indicates that it was friends and associates of the Austin Police Association who were left with little choice but to offer Proposition B as an alternative for voters this May. That's right: the union. We don't blame them, considering the devastation and disaster brought to all of us by a national defund-the-police movement.

Neither proposition, in the Tracker's view, seem ideal, and may end up being subject to lengthy and expensive court proceedings and judicial review. But Proposition B is the better of the two.

Some have argued that passage of Proposition A would lend to a more rapid judicial strike-down of a measure designed to place further shackles on our overburdened Austin police officers. There are close to 300 vacancies in APD currently, with around 77 retirements this year alone (as of early March) and about 150 officers reported to be considering their options to leave the department.

Others say leaving both propositions blank would be the honorable choice when left with more questions than answers. However, we recommend voting for Proposition B as a show of support for our police as well as a safeguard against the radicalism currently infecting our local law enforcement system.

According to an unsourced flyer obtained by The Tracker in support of Proposition B, the Austin Police Department (APD) "has the most robust oversight of any major city in Texas, and that level of oversight has existed for many years." We agree -- but would strike "robust" for "onerous." We would also point out that in many (but not all) instances "oversight" is code-speak for attempts to override the APD. 

Both the current four-year contract that expired March 31, 2023, and the new four-year contract tentatively agreed to by the city and the Austin Police Association (APA) include Civilian Oversight and Office of Police Oversight (OPO) provisions. However Proposition A supporters, via Equity Action (an organization supported by activists who wish to ultimately abolish the police in favor of Marxism-inspired community patrols and courts), argue the "oversight" doesn't go nearly far enough.

Proposition A, opponents argue, is preempted by state law and is unenforceable. But if allowed to stand by the courts, other provisions in the proposed ordinance would "likely tie officers up in responding to bogus 'complaints,'" the flyer stated. Simply feeling uncomfortable around an APD officer would be sufficient grounds for an official complaint under Proposition A, it said.

Proposition B, submitted by Voters For Oversight and Police Accountability (VOPA), seeks to eliminate the unenforceable provisions in Proposition A in a way that is palatable by APD officers. "It is more aligned with the oversight tentatively agreed to by both the city and the APA. Our police want oversight and accountability as much as anyone!" the flyer stated. It continued:

"Why are we having this election if the city and APA already reached a tentative agreement on a new contract?  Good question!  After a year of negotiating a new 4-year contract, our city council decided to wait until the vote on the anti-police Proposition A before proceeding.  Our city council (other than MK [District 6 Austin Council member Mackenzie Kelly]) has a sordid history of not supporting our police. We can fight back with Proposition B!"

The Austin American-Statesman offered an analysis of various points shared by each proposition, which we glean from below. If you have any input or research of your own please feel free to include them in the comments section.

Anonymous complaints: 

Prop. A: Allows anyone to file an anonymous complaint with the Office of Police Oversight.

Prop. B: Does not include an anonymous complaint option.

Investigative role: 

Prop. A: Grant the Office of Police Oversight power to fully participate in investigations into officer misconduct, with ability to gather evidence and directly interview witnesses.

Prop. B: Restricts this new power to interfere in investigations and the current ability of the office to observe private investigation proceedings.

Disciplinary timeframe: 

Prop. A: Police chief has one year to discipline officer after learning of alleged misconduct.

Prop. B: No timeframe, allowing for police contract to determine the length (currently 180 days).

Community Police Review Commission (11-member board):

Prop. A: No one with police ties may serve on the board. 

Prop. B: No one with a felony or Class A or Class B misdemeanor may serve on the board.

Record-keeping: 

Prop. A: Prohibits "secret police department personnel file" related to officer conduct.

Prop B: Does not include this provision.

Early voting begins Monday, April 24, and ends Tuesday, May 2. Election Day is Saturday, May 6. See your sample ballot, find polling locations, and see if you're registered to vote at VoteTravis.com.