That the Dallas City Charter is hereby amended as follows:

PART 1. Chapter XI, Sec. 5 “Appropriation of Excess Revenue” of the Dallas City Charter is hereby amended, as follows:

If at any time the total accruing revenue of the city shall be in excess of the total estimated income thereof, as set forth in the annual budget estimate in compliance with Section 1 of Chapter XI of this Charter, the council may from time to time appropriate such excess to such uses as will not conflict with any uses for which such revenues specifically accrued. the council shall appropriate such excess to the police department until the following objectives are met; any new revenues from new taxes enacted or levied shall also be directed first to the below priorities before their allocation to other departments

A. The combined salary and benefits of the police officers of the police department of the City of Dallas are within the top five of all cities in Dallas and Collin counties, on a per officer basis;
B. The total number of police officers of the police department of the City of Dallas is increased to 4,000 and the ratio of 4,000 officers to current Dallas city residents is maintained indefinitely following such increase;
C. At any point in time, at least thirty (30) police officers are on duty and patrolling downtown Dallas, regardless of the date or the time of day; and
D. The police pension of the police department of the City of Dallas is fully funded.
a. “fully funded” shall mean the pension plan has sufficient assets to provide for all the accrued benefits it owes and can thus meet its future obligations.

PART 2. Chapter XII of the Dallas City Charter is hereby amended by adding Chapter XXVI. Effective Public Safety:

SEC. 1. CHOKEHOLDS PROHIBTED

A. Dallas police officers shall not use a chokehold or neck restraint on another person;
B. Any policies pertaining to the use of force adopted by law enforcement agencies must be consistent with this section;
C. For the purposes of this section:

1. “Chokehold” means the intentional application of direct pressure to a person’s trachea or windpipe for the purpose of restricting another person’s airway;
2. “Neck restraint” refers to any vascular neck restraint or similar restraint, hold, or other tactic in which pressure is applied to the neck for the purpose of constricting blood flow.

SEC. 2. BODY CAMERAS
All police officers of the City of Dallas shall be issued an operational body worn camera or other government issued recording device to be used while on duty. At the beginning of each shift, police officers will ensure that the body worn camera is fully charged and operational.

SEC. 3. COMPLAINTS OF EXCESSIVE FORCE

A. Complaints of excessive force shall be allowed in person or via the city’s website and the details of such shall remain public information and unredacted to the maximum extent allowed by the Texas Public Information Act. All relevant body worn camera video shall immediately be made public.
B. On a weekly basis, the City shall gather and publish as an open record under the Texas Public Information Act, the following data concerning complaints of excessive force:

1. Anonymized records of every instance resulting in a complaint of excessive force against a Dallas police officer, including but not limited to:

i. Documented reason for the interaction, such as a stop or arrest;
ii. The particular offense alleged;
iii. The age, race, and ethnicity of the alleged victim and perpetrator;
iv. The time, date and general location, such as the zip code or intersection of the incident; and
v. The unedited body cam video footage of the incident in its entirety.

SEC. 4. INCIDENTS INVOLVING THE USE OF FORCE

A. On a quarterly basis, the City shall gather and publish as an open record under the Texas Public Information Act, the following data concerning the cite and release program:

1. Aggregate data showing the number of arrests made involving the use of force. Such data shall also be aggregated and categorized by race and ethnicity of the person arrested, geographic location of arrest, alleged criminal offense, and reason for arrest;
2. Aggregate data showing the number of citations, tickets or warnings issued involving the use of force. Such data shall also be aggregated and categorized by race and ethnicity of the person cited, ticketed or issued a warning, geographic location of incident, and alleged criminal offense.

SEC. 5. IMPLEMENTATION

A. The City Manager and Chief of Police shall ensure that Dallas police officers receive adequate training concerning each of the provisions of this Chapter.
B. The City Manager shall work with the Dallas Police Chief to update City policies and internal operating procedures in accordance with this Chapter.

SEC. 6 CITIZEN ENFORCEMENT.
Any person who has sustained an injury in fact, actual or threatened, from a municipal action in violation of any of the provisions of this Chapter may bring an action against the municipality.

A. A claimant is entitled to recover in an action brought under this chapter:

1. declaratory and injunctive relief; and
2. costs and reasonable attorney’s fees.

B. Governmental immunity to suit and from liability is waived to the extent of liability created by this chapter.
C. The City is entitled to receive notice of a claim against it under this chapter not later than thirty days before the date a claimant files an action under this chapter. The notice must reasonably describe:

1. the injury claimed; and
2. the ordinance, order, or rule that is the cause of the injury.

D. “person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, agency or instrumentality, public corporation, any legal or commercial entity, or protected or registered series of a for-profit entity.

SEC. 7 EFFECTIVE DATE.
This Charter amendment shall become effective upon adoption.

SEC. 8 SEVERABILITY.
If any portion of this Chapter shall be deemed unlawful by a court of law, that portion shall be severed from the Charter and the rest shall continue in force.

CITY OF DALLAS PROPOSITION B

FOR }

AGAINST }

SHALL THE CITY CHARTER BE AMENDMED TO INCLUDE AN EFFECTIVE PUBLIC SAFETY POLICY TO ENHANCE PUBLIC SAFETY, TRANSPARENCY AND ACCOUNTABILITY BY DIRECTING EXCESS REVENUE TOWARD PUBLIC SAFETY OBJECTIVES, MANDATING ADEQUATE STAFFING LEVELS, PROHIBITING CHOKEHOLDS, MANDATING THE USE OF BODY CAMERAS BY POLICE OFFICERS, REPORTING OF COMPLAINTS OF EXCESSIVE FORCE, REPORTING OF INCIDENTS INVOLVING THE USE OF FORCE, REQUIING IMPLEMENTATION OF POLICIES SET FORTH HEREIN, PROVIDING FOR CITIZEN ENFORCEMENT, WAIVER OF GOVERNMENTAL IMMUNITY AND, AN EFFECTIVE DATE AND SEVERABILITY?