“It deeply concerns me that we’ve put a retired police officer in charge of taking complaints from the community about police,” Commissioner Rebecca Bernhardt told staff from Austin’s Office of Police Oversight (OPO) during a heated Public Safety Commission meeting this month.
The OPO was scheduled to present an overdue annual report for 2023 (which has been a source of tension for the commission in the past) during the meeting. However, most of this presentation was postponed as appointees voiced other frustrations with the office, which investigates civilian reports about police interactions and makes policy recommendations.
Commissioners were particularly dissatisfied with the OPO’s complaint management process. Bernhardt told Complaint Supervisor Kevin Masters that she had looked him up on LinkedIn. After Masters confirmed that he had spent 27 years with the Kansas City Police Department, Bernhardt expressed her discomfort with placing someone with nearly three decades in law enforcement at the helm of civilian complaints.
Commission Chair Nelly Paulina Ramírez said she wanted to make sure complainants fully understand their options when making a report. She noted that the majority of complaints “request supervisor referrals” and are then redirected to the Austin Police Department for internal resolution.
“Do the complainants understand, and is it explained to them specifically, that (requesting) a supervisor referral means that there will be no investigation?” she asked.
Masters said that some complainants wish to initiate a full investigation, which the OPO launches externally from APD; some want the officer’s supervisor to be alerted; and some simply want their experience documented in the public record. “We let the complainant decide how they want to proceed,” he said.
When a complaint is closed, complainants receive a summary of the investigation process, but do not receive copies of the evidence the OPO reviewed (such as body cam footage).
“I don’t think I like that answer,” Ramírez said. “I feel like seeing evidence as a complainant is part of (someone’s) resolution process.”
All complaints from 2024 are now published online. The department is working to publish complaints from the first half of 2025 and a backlog for 2023.
OPO Director Gail McCant addressed concerns regarding a lack of accessible demographic and sector data associated with complaints. “Demographic data has always been an option on our complaint form because requiring it could create a barrier to access,” she said. She described the lack of data on the APD sectors associated with complaints as a “reporting gap,” adding that a new case management system may present some solutions.
OPO staff also provided updates on Austin’s Community Police Review Commission – another long-held source of contention. This 11-member board of volunteers operates separately from the OPO and APD to make policy recommendations. The voter-approved Austin Police Oversight Act of 2023 reset the requirements for the commission, prompting its (slow) restructuring. Two years later, the Community Police Review Commission has finally resumed regular meetings. Staff also highlighted a July community meeting and noted that the annual report for 2024 is expected to publish in September.
While the meat of the presentation for the 2023 report was postponed due to a lack of remaining time, McCant previewed its contents by describing 2023 as a ‘year of transition’.
“At the heart of our work is a commitment to our mission to provide impartial oversight of the Austin Police Department,” she said. “Oversight is not rooted in opposition. It is about partnership, integrity, and making systems better.”
As the discussion ran out of time, Commissioner Yasmine Smith asked if the OPO could come back for another meeting. “I’m feeling a lot of tension,” she said. Ramírez confirmed she planned to meet with McCant and schedule a follow-up discussion.
Austinites can submit complaints — or positive feedback — about police interactions to the OPO by phone (512-972-2676), email (policeoversight@austintexas.gov), in person or by mail. According to Masters, anonymous complaints still receive a thorough investigation.
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