Police Accountability Data
San Antonio will have the opportunity to vote for police accountability reform during the May 1 municipal elections. Proposition B will determine if the community changes the terms of San Antonio’s police union contract to increase accountability for officer misconduct.
Community Demands | Current Status
Below you will find the top 10 demands proposed by Fix SAPD, the organization that is spearheading Proposition B, along with the current status of each item within the current collective bargaining process.
| Community Demands for Contract / Chapter 143 | Police Union Contract Articles & Sections | Chapter 143 Provisions | Addressed by City (As of 3/19/2021) | Addressed by SAPOA (As of 3/19/2021) |
|---|---|---|---|---|
| Eliminate the provision that permits a reversal of disciplinary actions through arbitration. | 28.1, 28.5-11,15,18 | 143.1016, 143.129 | Yes: Arbitrator cannot overturn Chief’s termination | Partial: Arbitrator can overturn Chief's termination on the grounds of "comparative discipline" |
| Eliminate the provisions that provide the accused officer access to evidence before speaking to investigators. | 29.2 (C) | Partial: Does not define when officer has access; officer has access to body cam footage and GPS/AVL readouts. | Partial: Officer cannot access evidence until present at interrogation; officer has access to all evidence | |
| Eliminate time limitations on when investigators can conduct investigations into wrongdoing. | 28.19, 28.22 | 143.117 (d) | Partial: Bifurcates misconduct into minor and major; Statute of limitation (180 days) starts when Deputy Chief or higher discovers major misconduct (8 possible people as of 2021); no change to minor misconduct. | Partial: Bifurcates misconduct into minor and major; Statute of limitation (180 days) starts when Professional Standards Section or Captain or higher rank discovers major misconduct (30 possible people as of 2021); no change to minor misconduct. |
| Eliminate the statute of limitations that prevents the inclusion of officer’s disciplinary records during investigations. | 28.19 (A-E) | 143.089 → also known as the G-File | Yes: Any prior discipline can be included in investigations | Partial: Previous discipline must be outlined in the chief's original written statement and charges. |
| Eliminate the provisions that permit delayed interviews of accused officers. | 29.2 (C) | 143.312 (g) | Partial: Reduced to 24 hours | Partial: Reduced to 24 hours |
| Eliminate the provisions that reveal the names of the accusers to the police officers charged with wrongdoing. | 29.2 (C) | 143.312 (f), 143.123(f) | Yes: Officers only have access to body cam footage and GPS/AVL readouts. | No: Officer has full access to evidence |
| Prevent officers from using discretionary time (holiday, vacation, or bonus days) to pay themselves while on unpaid suspension. | 28.18 | No | No | |
| Eliminate the restrictive personnel file and disciplinary records release provisions that limits civilian oversight. | 29.3 (F-G), 38.4 | "143.1214, 143.089 → also known as the G-File" | No: Past discipline can be included in investigation, but not clear if oversight board can access the G-File (or public through FOIA request) | No |
| Eliminate the provisions that permit the city to be charged for certain costs following an officer’s misconduct. | 28.18, 36 | No | No | |
| Reducing the 8-year negotiation period (The Evergreen Clause) to 6 months. | 1 | No | No |
Officer Reinstatement Rate vs. City
Rate at which law enforcement officers are rehired onto the force through arbitration or other means.
Known Outcomes of SAPD Officer Terminations
Definitions
Arbitration
When an officer is fired, they are immediately granted an appeal to an arbitrator. The arbitrator conducts and arbitration process to review the case and determine whether the firing was justified.
Arbitration Award
This is the final decision of the arbitrator. The arbitrator has complete power to overturn the Chief of Police’s decision to fire an officer and decides how that officer will be returned to the force.
Arbitrator
An individual, usually a lawyer, chosen by the City and the police association to review the firing of an officer. An arbitrator has the final say over whether an officer is terminated or rehired.
Crime
These are acts that officers can be sued over in criminal court.
Reinstated
When an officer is returned to the force after being fired by the Chief of Police.
Resigned
In some instances, officers will simply resign by opting out of the arbitration process.
Settlement Agreement
The Chief of Police and the fired officer will come to an agreement where the officer receives a lengthy suspension with other requirements, like drug testing, training and limited access to the public.
Termination
This is when an officer is fired, either by the Chief or an arbitrator.
