Council solidifies transparency in labor talks over APA’s opposition

City Council on Thursday approved a resolution reaffirming the city’s transparency policy in labor negotiations, despite objections from the Austin Police Association president.

The one-page resolution, introduced by Ryan Alter, reiterates the city’s policy that meet-and-confer and collective bargaining discussions with public safety unions are publicly recorded and broadcast. It also ensures that documents exchanged during these meetings remain publicly accessible. Additionally, the resolution directs the city manager to seek Council approval for a waiver if any party in the negotiations wishes to deviate from this practice.

“I think it’s really important that we have as much transparency around our public safety negotiations as possible,” Alter said in response to APA President Michael Bullock’s testimony in opposition to the measure.  “It’s what we’ve always done until our most recent negotiations,” he added, referring to last year’s APA negotiations, when some details of a proposed agreement were withheld. Council passed a controversial $218 million police contract in October on a 10-1 vote after hours of public testimony.

APA President Michael Bullock told the Council the resolution would adversely impact the police union’s ability to negotiate as well as how it handles its interactions with the city. He expressed dismay that he wasn’t contacted in advance of the resolution’s placement on the agenda.

“There was no collaboration, there was no discussion, there was simply an agenda item posted that effectively comes across to me and to our department as, ‘Here’s the policy and deal with it,’ and that is not how we are going to be able to turn the page on public safety moving forward here in Austin.”

Bullock noted that state law allows for negotiated agreements to be withheld from the public until they are ready to be ratified. “The law is very clear as to when it can become public,” he said.

In remarks before the vote, Council Member Mike Siegel, a co-sponsor of the item, said, “I think the public really expects us to promote openness and transparency when we’re making big financial decisions, including entering into very large collective bargaining contracts. The Texas Public Information Act,” he went on, “is a floor, not a ceiling, and so nothing in state law prevents us from providing more transparency.”

Several Council members pointed to an email their offices had received from the Austin Firefighters Association in support of the resolution. In the email, AFA President Bob Nicks wrote that in the past, city negotiators tried to discourage video recording and livestreaming negotiations, but firefighters successfully pressed ahead with the transparency measure. Nicks further wrote that the AFA is still advocating for livestreaming arbitrations.

The Alter proposal passed with 10 votes. Council Member Marc Duchen abstained, noting his concern that the “pretty big gulf” in interpretations of the law could prompt the APA to file a lawsuit.

Co-sponsors of the resolution in addition to Siegel included Mayor Pro Tem Vanessa Fuentes and Council members Chito Vela and Zo Qadri. José Velásquez added his name to the resolution before the vote.

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