that would give a limited number of city staff outside of the police department direct access to some officer misconduct records.
In a surprising admission, the city’s Law Department now contends that creation of the G file is itself optional, because the statute allowing it uses the wordwhen outlining authority around creating a G file. “A fire or police department may maintain a on a fire fighter or police officer employed by the department for the department's use,” is how the subsection of the law in question begins.
Coppola acknowledged that there has been no litigation around the city’s legal theory that the police chief has sole authority over the discretionary nature over keeping these records completely confidential. Bill Aleshire, a former Travis County Judge who has since often aligned with Save Austin Now in criticizing City Council action, agrees with the theory put forth by Coppola.
If borne out, this theory would have striking implications for who holds power within local government. Unlike county sheriffs, who are elected officials and thus enjoy independent authority granted to them by the Texas Constitution, municipal police chiefs are city employees who are generally bound by policies and ordinances enacted by municipal government.
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