Kyle council votes to hold workshop on police oversight committee
KYLE — More than 850 days have passed since Nov. 3, 2020. While other propositions, including the establishment of a new public safety center, have been implemented, Proposition F has been waiting in the wings.
Now, Kyle City Council is beginning to address Proposition F — a ballot measure approved by an overwhelming 75% of voters to authorize city council to review the city’s police department’s procedures and policies; require the police chief to submit an annual report about the police department’s operations; and establish a committee to review the department’s policies, strategies and resources.
In a 6-1 vote Tuesday, March 7, Kyle City Council moved forward with the measure after heated discussion by directing staff to coordinate a workshop discussing the implementation of charter Sec. 7.06(B), which reads as follows:
“The city of Kyle Police Department shall collaborate with a committee established by the city council to have oversight over the development of standard operating policies and strategies, providing timely data sharing and deploying resources that aim to: (1) protect all citizens, businesses and property within the city; (2) promote transparency within the police department to the community, to also include data sharing communication in the forms of: in person briefings, news publications and social media on a quarterly basis; and (3) reduce crime by increasing positive community engagement and promoting cooperation with all citizens through training, education and community policing models. Annually, the police chief or designee shall provide the full city council with a comprehensive report about police department operations, crime statistics, training initiatives and other information requested by the city council. The city council shall adopt an ordinance implementing the terms of this subsection.”
Regarding how to implement the charter language, Kyle City Council was at an impasse late into Tuesday night.
Mayor Travis Mitchell began by laying out a plan to move forward with Proposition F, including three recommendations: the first regarding who should make up the committee; the second related to tasks and limits; and the third recommendation addressed staffing and resources.
“I tried to fulfill the spirit and the letter of the measure,” Mitchell said. “We need a type of transparency to gather data, analyze and expand the information. Not to engage in use-of-force policies. The board would be proactive and data driven.”
Council member Michael Tobias agreed, saying it is “vital and important” to look at data regarding the Kyle Police Department budget; however, he felt that the city is already implementing many of the measures in the charter.
“Our police department is already implementing those policies and procedures [outlined in the charter],” Tobias said. “As time heals all wounds, we can have this discussion … and move forward with democracy — the will of the people.”
The history of the measure is storied. Proposition F came at a time of uncertainty and distrust in general, Tobias explained. In the midst of a pandemic and following the slaying of George Floyd at the hands of the Minneapolis police officers, the voters made it clear it was time for accountability.
After its passage in 2020, the city took action in the form of hosting open houses, engaging with the media and getting out in front of the public to hand out flyers regarding the ballot measure. But it fell by the wayside in October of 2021.
“I think that’s kind of where it just stopped,” Tobias said. “But I think going forward now, since it’s been brought up, I know it’s something that we need to discuss. I’m just kind of looking forward to the dais and since we have new and fresh council members, we can get some new ideas and discussion.”
The concept of Proposition F was clear, said Mitchell; however, implementing the ballot language would be up to interpretation and a challenge for council, which has experienced turnover since the measure passed.
“When we proposed it, [Prop F] was clear to the voters, which is why they supported it, but it is not clear practically in terms of how we should implement creating such a committee,” Michell said. “I think that ambiguity and that uncertainty in terms of how we would create this committee and task it and empower it has caused some of the delay.”
The act of implementing Proposition F still feels volatile, said the mayor.
“This feels like you’re creating controversy in terms of law enforcement when it seems like there is none because we haven’t had any incidents in all my years. So, it’s like malfeasance for malfeasance sake. It feels like picking a fight just for the sake of picking a fight. We don’t want to do that,” Mitchell said. “But we do want to be proactive … Oftentimes, it is the case that police oversight measures are reactionary to events as opposed to proactively, looking to make better policies to prevent events from occurring.”
Aside from the very real issue of creating a committee that can hold the Kyle Police Department accountable, there’s the question of who should make up the committee.
Council member Yvonne Flores-Cale said she would like to see Kyle residents on the committee who have no ulterior motives or agenda other than to serve.
“I would like to see the committee members be residents of Kyle, someone who has or can gain a clear understanding of responsibilities, policies, strategies and resources of police officers,” Flores-Cale said. “Members would want to help create and build relationships between officers and other residents, would hold no animosity toward officers and would have no alternative agenda to being on this committee.”
The mayor said it will be a trapeze balancing act between people who are pro-police and anti-police — a meeting of the middle to ensure the committee has the proper oversight powers.
“I don’t want to create a committee that has no purpose and has no standing. And I have fears that the committee the council may choose to form would be ceremonial at best and pro-police propaganda at worst,” Mitchell said. “My hope and my fear is that it would be a local incident that would compel council to break and then receive the blame. The question would be, ‘Why didn’t you do this sooner? and ‘Why did you wait?’ … In order for Prop F to be implemented, it’s going to take more people than just me getting up there and making the claims, you know?”
Regardless of its challenges and whether certain council members are in support of the measure, the dias agrees that the city has an obligation to move forward with Proposition F.
“Of course, I feel the city has an obligation to move forward with Prop F,” Flores-Cale said. “Not only because it passed with 75% support, but because we live in a democracy where it is the responsibility of the government to follow through with any items placed on a ballot for voters to decide.”
Tobias said the conversation itself is an appropriate first step in addressing Proposition F.
“I think what we first need to do is have the conversation and we need to start by looking at the body language [of the measure] itself, looking at what it was really meant to be … Our residents approved this overwhelmingly and this is what they read at the ballot box,” Tobias said. “This is what they approved and the council can use that as a blueprint moving forward. Since we have a new dais, we will have fresh ideas, fresh new opinions and we can move forward in a positive direction.”
Council member Miguel Zuniga said, “Just because we want an oversight committee doesn’t mean we don’t trust our police department. Voters passed this. We can’t break those promises. We want to know: where’s the communication and transparency?”
Kyle Chief of Police Jeff Barnett noted that he is looking forward to working with council in the future as the dais determines how to implement the will of 75% of voters who voted to pass Proposition F.
“We look forward to working with any group or committee appointed by city council, as well as the city council as they move forward with their process of selection and determination of priorities,” Barnett said.
Staff has been directed to organize a workshop for Kyle City Council to discuss Proposition F — a motion that passed 6-1, with Tobias dissenting.
This is a developing story. The Hays Free Press/News-Dispatch is continuing to monitor this situation and will update the public as more information becomes available.
