Judge rules City of Austin "unlawfully" failed to end use of "G file" for Austin Police

AUSTIN (Talk1370.com) -- A Travis County district court judge has found that the City of Austin has acted "unlawfully" by failing to end the city's use of a so-called "G file" for Austin Police officers, in violation of the voter-approved Austin Police Oversight Act passed last year.

The ruling issued Friday by district judge Maria Cantú Hexsel comes in a lawsuit filed by Equity Action, the group behind the APOA that voters passed in May 2023. Equity Action sued the city over its failure to fully implement the act in December 2023.

“[City Manager T.C.] Broadnax and [Police Chief Lisa] Davis have unlawfully failed to perform their mandatory duty to end the City of Austin’s use of the ‘G file’ in violation” of the oversight act, Hexsel's ruling reads.

The original lawsuit named former interim city manager Jesús Garza and interim police chief Robin Henderson, both in their official capacities.

The "G file" refers to a section of an employee's personnel file under the state's Civil Service Act, known as Section 143 of the Texas Local Government Code, specifically its subsection G where the name comes from. Under the code, that section of a personnel file contains copies of all complaints or internal affairs investigations into an officer that either resulted in no disciplinary action, or that were found to be without merit.

Members of Equity Action praised the ruling in a statement. "Today a judge ruled the city was breaking the law and should end the ‘G file’ system, the discretionary system used to keep records of police misconduct secret. We hope the sunlight offered through the full, forthcoming implementation of the Austin Police Oversight Act will bring about the meaningful deterrent to police misconduct and brutality our city voted for back in 2023," said Equity Action board member Alycia Castillo.

The City of Austin acknowledged the ruling in a statement. “We appreciate the court’s time and attention to this matter. We are currently reviewing the decision and will have discussions with City leaders on potential next steps in the coming days," the city statement reads.