U.S. Department of Justice Civil Rights Division Special Litigation Section - PHB 950 Ave, NW DJ Washington DC 20530 35? 2013 VIA U.S. MAIL Honorable Marc A. Ott City Manager City of Austin P.O. Box 1088 Austin, TX 78767--8845 Re: Requested Review of the Austin Police Department Dear Mr. Ott: Thank you for your August 5, 2013, letter to United States Attorney Robert Pitman. You requested that the Department of Justice review the policies, procedures, and practices of the Austin Police Department. You also requested the assistance of the Department's Community Relations Service to strengthen the community's confidence in the Austin Police Department. We applaud you for taking a proactive approach to addressing the relationship between the Austin Police and the community. Constitutional policing, public trust and public safety are integrally intertwined. The Division's Special Litigation Section is responsible for enforcing the provision of the . Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. 14141 that allows the Department to seek equitable relief to remedy a pattern or practice of misconduct by law enforcement agencies. The Civil Rights Division initiates investigations to address systemic issues that appear to be leading to patterns of violations. Investigations and litigation brought under 42 U.S.C. 14141 are intended to cure serious and persistent patterns of unconstitutional conduct that can neither be addressed through internal self-correcting mechanisms or technical assistance from other sources. The Special Litigation Section opened an investigation of the Austin Police Department on May 31, 2007, due to allegations of the use of excessive force, including deadly force, in violation of the Fourth Amendment. Although our investigation ultimately concluded that we did not have reasonable cause to believe that the Austin Police Department engaged "in a pattern or practice of conduct by law enforcement officers . . . that deprives persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States," we nevertheless provided you with over 160 recommendations on how to strengthen Austin Police Department's policies, practices, and procedures to better protect individuals' constitutional rights". The Austin Police Department implemented the vast majority of our recommendations, and we closed our investigation in May 2011. -2- Our recommendations were designed, in part, to strengthen the Police Department's capacity to identify, correct and prevent civil rights violations. We recommended reforms to the Police Department's use of force policy and training that were designed to prevent the use of unreasonable force. We also recommended comprehensive review and oversight of uses of force including: 1) chain of command review; (2) review of the policies and oversight of the Force Review Board'; (3) the investigation of citizen complaints; (4) critical incident review; (5) administrative investigations; (6) strengthening the early intervention system; and (7) reviews and audits by the Office of Police Monitor. Together, these mechanisms provide a robust set of tools designed to identify and determine the causes of violations of law and policy to prevent future patterns of misconduct and hold officers accountable. As in all of our investigations, it is our hope that these reforms not only correct patterns of misconduct, but also ensure that constitutional policing is sustained. Towards this end, the Police Department and City have in place independent oversight mechanisms that can provide the perspective and expertise necessary for the City to learn from and credibly respond to incidents like these recent events in Austin. It may better serve our shared goals of constitutional - policing and community confidence for the City and the Police Department to build upon the previous Civil Rights Division investigation and recommendations by working with Austin's existing independent oversight mechanisms. Together, the City, the Police Department, and these entities can implement, modify, or enhance current systems to ensure that accountability is robust, and that practice does, in fact, follow policy. Given the systems Austin has in place, and the work it has already undertaken, this may be the most effective way of renewing community confidence in the Police Department and ensuring continued constitutional policing. We understand that you have been working with the Depa_rtment's Community Relations Service and community members to facilitate a broader dialogue to improve lines of communication and address tensior1_ associated with allegations of discrimination. If you would like to talk further about this matter, please do not hesitate to contact me at (202) 514-6255. You may also reach out to Deputy Chief Christy Lopez at (202) 305-4061, or Senior Trial Attorney Jonas Geissler at (202) 353-8866, who are assigned to this matter. Special Litigation Section cc: Karen Kennard, Esq., City Attorney David Douglas, Esq. Assistant City Attorney Robert L. Pitman, Esq., United States Attorney (via electronic and U.S. mail)