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October 22, 2009
City Council take stance on collecting DWI blood evidence
Austin city council members, in a unanimous vote, approved a resolution today that said it is their “clear will” and the community’s desire that police officers not personally collect blood from drunken driving suspects — an idea Police Chief Art Acevedo had floated for months.
The resolution stopped short of directing City Manager Marc Ott to ban such draws, which had been the original proposal by council members Bill Spelman and Laura Morrison and Mayor Lee Leffingwell.
Assistant City Attorney David Douglas told the council before their vote that the earlier measure appeared to conflict with state law, which requires officers to use “all lawful means” to enforce the law.
Also before the vote, Assistant Police Chief David Carter, who is the department’s chief of staff, told council members that the agency has no plans to train officers to draw blood. He said the idea was first mentioned last year after police officials reviewed practices in other Texas cities.
“We have not trained anybody, nor are we currently training anyone,” Carter said. “We do not expect to train anybody.”
Carter said that police officials have been and will continue to have blood drawn at Austin hospitals. He said they also are in talks with Travis County Sheriff Greg Hamilton about creating a partnership in which blood would be drawn from phlebotomists at the county’s central booking facility.
The resolution directs Ott to develop clear guidelines for the collection of blood specimens and bring them to the council by Feb. 19.
“The guidelines must explain who will collect the specimens and under what circumstances,” the resolutions said.
Ott also must prepare a cost study for the new blood specimen program.
Civil libertarians, including representatives from the American Civil Liberties Union of Central Texas and Texans for Accountable Government, had initially asked city officials to ban police officers from drawing blood.
They also had asked that police officers be prohibited from conducting so-called “no refusal” operations in which they seek the blood of drunken driving suspects who refuse to provide breath tests. Such operations usually are conducted on holiday weekends.
The resolution did not address that concern.
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October 6, 2009
Acevedo defends shooting investigation but says bias was shown
Austin police Chief Art Acevedo, responding today to criticisms of an internal investigation into the fatal police shooting of Nathaniel Sanders II, said there is evidence of bias toward the officers involved in the shooting but stressed that the finding in no way undermined the investigation into Sanders’ death.
Acevedo (at right) said his review of a report by an independent analyst hired by the City of Austin and released in heavily redacted form Monday warranted the start of an internal investigation into the actions taken by a department employee during the internal investigation. Acevedo said he was troubled by one disturbing fact pertaining to an employee he referred to as supportive to the internal investigation.
Acevedo did not identify the employee or the specific role he or she played in the investigation.
The 130-page report by KeyPoint Government Solutions indicated that leading questions were asked of officers during the internal investigation. He did not say if those leading questions were asked of Leonardo Quintana, the senior officer who fired the fatal shots at Sanders on May 11.
An internal investigation concluded that Quintana (pictured at right) did not violate the department’s rules on using force. But it said he was in violation of a department requirement that he activate his patrol car camera prior to engaging with Sanders and Sir Lawrence Smith, who was in the car with Sanders.
By law, Acevedo has until Nov. 7 to take disciplinary action in the case. The chief could choose to do anything from taking no action to dismissing Quintana.
Video: Acevedo responds to Sanders investigation
Earlier story: Report: Police inquiry of officer shooting flawed
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Water tasting funky? Utility is looking into it
If you notice a weird stink to your water, do not fear: It’s only algae.
High levels of algae in Lake Austin are making city drinking water smell and taste funny, but they don’t affect the safety of the water, the Austin Water Utility said in a statement.
The utility said it is adding activated carbon to the treatment process to absorb compounds released by the algae and reduce the stink. That process is safe and meets state and federal guidelines, the utility said.
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August 31, 2009
Fire department seeks to halt unofficial Twitter account
Austin fire officials have asked a person operating a Twitter account called “AustinFire” and posting dispatch information to change their name and remove the department’s logo.
Spokeswoman Michelle DeCrane said the user on the social networking site was posting information readily available on the department’s web site about calls firefighters were responding to. However, DeCrane said department officials objected to the user using the department’s logo and name.
“We have a right to protect our intellectual property just like any other business,” DeCrane said. “We would never want the public to take that as any official information from the department because it is not.”
Earlier this year, Twitter officials shut down a fake account that pretended to post official Austin Police Department messages. That account was created in 2008 and used the official City of Austin seal. It featured fictitious updates about police activities and statistics.
In the biographical section on the AustinFire account, the user says that the account is not an official Austin Fire Department page.
On his personal Twitter page today, one of the people who runs the AustinFire account, Jordan Ghawi of San Antonio, wrote, “Just got a cease and desist order from the City of Austin over @AustinFire. Please help get the word out.”
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August 28, 2009
Fire chief alters controversial driving policy
Austin firefighters will now be able to drive up to 10 miles over the speed limit when responding to emergencies, under a revised driving policy obtained this afternoon. But the policy still requires them to completely stop at intersections.
Fire Chief Rhoda Mae Kerr earlier this month had issued new rules that said firefighters had to drive the speed limit when responding to calls — prompting outcry from the fire union, which said the policy would delay emergency responses. Firefighters also have expressed concern about having to make a complete stop at intersections.
Kerr has said that the policy changes were intended to keep firefighters and civilian drivers safer and that she did not think the measure would hinder response times.
Officials have said that policy, issued earlier this month, gave firefighters discretion to exceed the speed limit in certain circumstances. They said the latest revision makes their intentions clearer.
Kerr put the revised policy in place Friday afternoon. According to those rules, firefighters would be able to drive at speeds above the posted speed limit after they consider weather and road conditions, traffic congestion, the number of pedestrians, traffic flow and visibility.
The latest revision is similar to standard operating procedures for fire truck drivers issued by the International Association of Professional Firefighters. Those procedures also require firefighters stop at intersections but permits them to drive up to 10 miles per hour above posted speed limits in certain circumstances.
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July 7, 2009
Outdoor watering ban in place for South Austin
Austin Water Utility officials have banned outdoor watering for all residents and businesses south of the Colorado River until repair of the damaged 54-inch water transmission line in the 2100 block of Walsh Tarlton Lane is complete.
The ban is in place until further notice, officials said, adding that they estimate the repairs will be completed by 8 a.m. The utility is using a secondary 48-inch main to keep reservoirs supplied during the repair.
Drivers are asked to avoid Walsh Tarlton Lane as crews make the repairs.
Residents in South and Southwest Austin are being encouraged by Austin Water Utility officials to use as little water as possible today as crews work to repair a 54-inch water main that was drilled into by a contractor Monday night in the 2100 block of Walsh Tarlton Road.
Water has not been turned off yet, and it is unclear if water will have to be turned off to make the repair, Austin Water Utility spokesman Kevin Buchman.
Workers are scrambling to repair the pipe, which was damaged after a contractor boring for soil samples as part of an Austin Water Utility pipeline expansion project drilled into the water main. Traffic can still move through the area, but there is a short detour around the area, Buchman said.
Buchman said the line, which is near Barton Creek Mall, is one of the main arteries for the city and provides water to thousands of customers. It provides about 60 percent of the water used in South Austin, Buchman said. Parts of South Austin that usually get their water from this main, which delivers water from Ullrich Water Treatment Plant, will get water from a pool of reserves that can be delivered through other parts of the system. But that reserve lasts only until about 10 p.m., Buchman said.
Buchman did not have specific neighborhoods that would be affected if the water were to be turned off. If the water supply had to be shut off, the utility would notify customers ahead of time, he said.
“We are filling reservoirs and taking system precautions to makes sure that if we do have to shut off the water, we can still provide some level of service,” Buchman said.
He said water crews worked through the night on the broken pipe. He did not have an estimate on how much water was lost.
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May 12, 2009
Detective suspended after failing drug test
An Austin police detective began a 45-day suspension on Friday after testing positive for taking medication he was not prescribed.
According to a City of Austin memorandum signed by Chief Art Acevedo, Detective Michael King was selected for a random drug test in November.
King told his supervisor that a few days earlier he took a prescription medicine for which he did not have a prescription, the memo says. King did have a prescription for the medicine at an earlier time, but not at the time of the drug test, which he failed, the memo says.
Department policy prohibits “using a drug that was not prescribed to the affected employee by a licensed physician,” the memo says. It does not specify which medicine King took.
In addition to his suspension, King must undergo drug counseling, cannot have any department violations for one year, and will be subject to random drug tests, the memo says.
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April 23, 2009
Tell the city what hazards are in your neighborhood
City of Austin officials said Thursday they want your input as part an update to the Hazard Mitigation Plan.
The plan, which was adopted by cities in 2004 at the direction of the Federal Emergency Management Agency, lays out the city’s policies for dealing with disasters ranging from wildfires to failure of the Mansfield Dam. It’s being updated per FEMA requirements.
As part of the process, the city is holding a series of public meetings to solicit input. It also has an online survey in which to suggest what things the city should be looking at.
This can sound a little wonky. But Barbara Rush, an aide to Council Member Laura Morrison, said the public input is intended to address neighborhood-level concerns as well as the big picture of hazard mitigation.
For instance, Rush said, when she filled out the survey, she raised concerns about nearby railroad tracks, suggesting a check of the tracks’ condition and possibly building a wall between them and the houses.
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March 30, 2009
DWI forum draws fire on APD policy proposal
They weren’t always focused, and at times were hard to reign in, but Austinites attending a public forum at City Hall tonight were certainly vocal in their criticism of the city’s ‘no refusal’ DWI program.
The policy allows Austin police to draw blood if a suspected drunk driver refuses a breathalyzer and a judge issues a search warrant.
“I just have a lot of concern,” said Jimmy Gardner, 47, who wore a “Tyranny Response Team” t-shirt to a pre-forum rally. “The right not to self incriminate is one of the most fundamental rights of the American jurisprudence system.”
Texans for Accountable Government sponsored the standing-room-only event that sought to create a discussion on the Police Chief Art Acevedo’s desire to create a federally-funded program that would teach officers how to draw blood during traffic stops.
During the forum, audience members submitted questions to a panel that included Acevedo, Mothers Against Drunk Driving State Executive director Karen Housewright, Austin City Council Member Mike Martinez, ACLU Central Texas Chapter President Debbie Russell and Texans for Accountable Government Executive Director John Bush.
The panelists, save Acevedo (pictured in an undated photo at right) and Housewright, came out entirely against the proposal.
“Police need to be getting drunk drivers off the road,” Russell said. “But it stops there. We need them back on the streets continuing that practice - there’s no reason to expand it, they have the tools at their disposal.”
Most of those opposed to the idea said such tests are unconstitutional. But a Texas court ruled in 2002, that such tests were legal. Whether the court ruled correctly was debated throughout the night.
Some panelists also questioned if it was safe for police officers to be conducting medical tests in the field.
If enacted, the plan would require officers to take a course at Austin Community College and complete 100 blood withdrawals in a clinical setting, Acevedo said.
But “medical professionals are doing this every day,” Russell said. “An officer spends 99 percent of their time monitoring public safety.”
Police have already held several “no-refusal” weekends since the idea was pitched in July. Acevedo wants the procedure to be a permanent policy.
Of dozens of blood tests performed under the search warrants, according to Acevedo, two came back with results within legal limits, including a test that indicated cocaine use. Only one warrant was refused by a judge.
“Our job is to enforce the law. Not to take a vote on it,” Acevedo said.
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January 23, 2009
Officer suspended 30 days for suspected drunken driving
Austin Police Chief Art Acevedo suspended an officer today for 30 days amid drunken driving allegations.
According to a disciplinary memo, Officer Nathan Sexton and several officers were attending an out-of-town wedding in July when Sexton drank to the point of becoming intoxicated. During the evening, Sexton drove the other officers and others even though he was impaired, the memo said.
Acevedo has ordered that Sexton submit to an evaluation to determine if he has an alcohol abuse problem and complete any ordered counseling. He also must submit to random alcohol testing for at least the next year.
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January 22, 2009
Two Austin fire cadets quit after public intoxication, burglary arrests
Two Austin firefighters-in-training who had been in the top of their class quit today instead of being terminated after Bandera police arrested them.
Ryan Whitton was charged with burglary of a building after authorities said he broke into a concession stand in Bandera City Park early Sunday. His friend and classmate, Matthew Heerwald, was arrested and charged with public intoxication, authorities said.
“I’m very disappointed in this whole thing,” Acting Fire Chief Jim Evans said. “Here we are three weeks from graduation. It’s just a shame.”
Whitton and Heerwald were among about 35 people in the department’s cadet class. Graduation for the class is set for Feb. 13.
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December 27, 2008
Former Austin police captain Louie White dies
Capt. Louie White, one of Austin’s first African American police officers and one of the most influential black leaders in the city’s history, died this morning at St. David’s Medical Center. He was 76.
White, who served on the force for 29 years and retired about 20 years ago, began his career as an officer at a time when Austin was still deeply mired in pre-Civil Rights-era racism. Assistant City Manager Mike McDonald said that when he started, black officers were not allowed to arrest white people.
But White moved through the ranks of the department, and was promoted to sergeant, lieutenant, then captain. During the 1970s, he was tasked with increasing the department’s diversity by recruiting a new generation of black officers. With that, he became a mentor and father figure to scores of people, including McDonald, a former police officer.
“He’s the single most important black man in this city’s history, in terms of being a role model,” said Nelson Linder, president of the Austin NAACP, where White served as a board member for two decades. “Capt. White was the model of community policing.”
More details to come.
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November 10, 2008
Acevedo elected national Latino peace officers association president
Austin Police Chief Art Acevedo has been elected president of the National Latino Peace Officers Association, defeating two fellow contenders, both from Texas law enforcement agencies.
Acevedo will serve a two-year term, culminating with the group’s annual convention that will be held in Austin in 2010. The election was held last week in Denver at the organization’s 2008 convention.
According to its Web site, the main goals of the organization are to recruit qualified Latino police officers, give support to them during their new-hire probationary periods and encourage them to participate in training and education programs.
Acevedo defeated incumbent Roy Garivey, an officer for the Houston Independent School District, and Sgt. Gil Cerda with the Dallas Police Department.
“I’m honored to represent an organization I’ve been part of for 18 years,” Acevedo said. “To see the growth of the organization and its members, I think speak volumes about our success in the community.”
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October 13, 2008
Several police commanders get new jobs
Several Austin police commanders have gotten new jobs this month as part of shuffling by Police Chief Art Acevedo to fill positions left open, in part, by retirements.
“We are basically trying to take full advantage of that and looking to see what we can do with our crime-fighting efforts and efficiency,” said Assistant Police Chief David Carter, who also is the department’s chief of staff. “I think there is some real value here.”
Cmdr. Donald Baker, who had been supervising units that include the department’s public information office, is now at the helm of the agency’s highway enforcement division and replaces Cmdr. Michael Nyert, who was transferred to the North Austin bureau as a support commander. Baker was replaced by Cmdr. Sean Mannix, who now supervises the marketing and recruiting division.
Cmdr. William Bastow has been assigned to the North-Central Austin patrol area, replacing Cmdr. Phil Crochet. Crochet is now commander over the organized crime division, which includes the department’s gang unit. Crochet took the position after veteran Cmdr. Duane McNeill retired at the end of September.
Cmdr. William Manno has been assigned to the southeast patrol area, replacing Calvin Smith, who has a new job as a South Austin bureau commander.
The department has 22 commanders, all of whom report directly to assistant police chiefs.
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October 3, 2008
City names fire chief finalists
The City of Austin has chosen eight finalists after a nationwide search for the city’s next fire chief.
The finalists for Austin Fire Chief are:
- Randy Bruegman, Fire Chief, Fresno, Calif.
- Jimmie R. Bryant, Fire Chief, Monroe, La.
- Niles Ford, Fire Chief, Lincoln, Neb.
- Richard Gracia, Deputy Fire Chief of Support Services, Las Vegas, Nev.
- Noel Horan, Assistant Fire Chief/Executive Officer, San Antonio
- Rhoda Mae Kerr, Fire Chief, Little Rock, Ark.
- Raul Reyes, Fire Chief, Greenville
- Michael Pruitt, Fire Chief, Longview
Acting Fire Chief Jim Evans, who has led the 1,100-member department since J.J. Adame resigned in May, did not apply for the job. Evans will resume his position as assistant chief when the new leader is hired, city officials said in a statement released this afternoon.
Candidates will undergo interviews and visit fire facilities in Austin next week. As the list of finalists is further narrowed, Austin officials will visit candidates’ cities and hold meetings with the City Council and the community.
Consultants from Arcus Public are conducting the nationwide search.
“The Austin Fire Department has proven itself as one of the leading departments in the nation,” City Manager Marc Ott said in a statement. “These candidates know that they will be expected to uphold its traditions of fire safety effectiveness and community responsiveness.”
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August 25, 2008
Police lieutenant suspended
Austin Police Chief Art Acevedo on Monday suspended a lieutenant for 15 days after he said the lieutenant did not act on information about the possible policy violation of another officer.
Lt. Paul Christ learned about the possible violation in February, but a disciplinary memo obtained late Monday did not describe the allegation.
Acevedo also placed Christ on a performance improvement plan for six months, and Christ agreed as part of the discipline to remove his name from an eligibility list to promote to the commander rank.
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August 14, 2008
Fire union nixes 2009 calendar
Austin firefighters won’t be striking a pose for 2009.
For years, some beefcakes the 1,000-person department have modeled for annual calendars sold as a union fund-raiser. But union officials said today that they didn’t get organized in time to produce a calendar for next year and have nixed plans to do so.
“It’s disappointing,” said Palmer Buck, secretary for the Austin chapter of the International Association of Professional Firefighters. “We feel like the community has supported it, and we feel like when we come back, they will continue to support it. We just need to reorganize.”
The calendar, sold for about $15 each, has produced thousands of dollars for people who have lost belongings in fires, Buck said. Union representatives also use the profits for to help sick or injured fellow firefighters in Austin and across Central Texas.
Last year, the union produced two separate calendars, one featuring men and the other featuring female firefighters.
The calendar has featured photographs of firefighters with their families, in front of fire engines or enjoying an off-duty hobby.
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August 12, 2008
APD commander retires, replaced by reinstated colleague
An Austin police commander who had been under an internal affairs investigation has announced his retirement, and a second commander who had been fired but was reinstated to the force this week will replace him.
Police Chief Art Acevedo confirmed the developments Tuesday evening.
Cmdr. Brad Conner’s last day with the department will be at the end of the month after more than two decades with the department. Sources last week had said that Conner was under an internal affairs investigation for general performance issues, but declined to be more specific.
Another commander, Charlie Ortiz, also is under investigation for similar matters, the sources said.
Conner most recently has overseen patrol officers in Southwest Austin.
Acevedo said that Cmdr. Larry Oliver will replace Conner. Acevedo fired Oliver earlier this year after he did not report comments by a fellow officer and Oliver declined to accept a 30-day suspension. Oliver appealed, and an independent arbitrator reinstated him Monday.
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August 7, 2008
Union reacts to internal investigation of police commanders
Word that internal affairs detectives are investigating two Austin police commanders for performance-related matters has baffled some union representatives, the organization’s vice president said today.
We reported yesterday that commanders Brad Conner and Charlie Ortiz are under investigation for issues such as attention to detail and timeliness of reports. No other details were available.
The point of confusion: For months, union representatives said, Austin Police Chief Art Acevedo has been saying supervisors should address such issues instead of having internal affairs investigators spend time on such cases. Union representatives call it “managing through internal affairs.”
“Why are they not being pulled in by management, having a consultation with their employees and being told, ‘This is what we expect from you,’” said Wuthipong Tantaksinanukij, the vice president.
Tantaksinanukij said department officials also have the option to place the commanders on a “performance improvement plan” or possibly demote them.
Although matters such as police salaries are on center stage at today’s contract negotiations between the city and union, the investigation is dominating hallway and break-room conversations.
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August 4, 2008
Fired APD commander will learn fate next week
A fired Austin police commander must wait another week to learn if he will get his job back.
Attorney Tom Stribling, who is representing Cmdr. Larry Oliver, said he and the city agreed to give arbitrator Norman Bennett a one-week extension to make his ruling. The deadline had been today.
Oliver was fired earlier this year after Police Chief Art Acevedo said he did not report discriminatory comments a fellow commander made.
Acevedo had offered Oliver a 30-day suspension, but Oliver did not accept it.
Oliver has said that not reporting the comments about three lesbian officers was an oversight and that he would do so in the future. He also said that he has reported similar comments in the past.
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July 22, 2008
Group calls on police to ticket, not arrest
Representatives of a group called Austin Public Safety Solutions today called on police officers to stop jailing suspects for certain offenses, including possession of small marijuana amounts, and instead cite them.
“The Austin police chief allows APD to arrest and jail people who could receive a citation,” said a 12-page report from the group, which includes representatives from the American Civil Liberties Union.
According to the report, state law allows officers to issue tickets for certain offenses that also include driving without a valid license, graffiti and theft when the damage is less than $500.
The report said that jailing such suspects ties up officers’ time and is a burden on taxpayers. It also said unnecessary arrests erode trust and relationships in the community.
Police Chief Art Acevedo is planning to host a discussion in coming weeks with other law enforcement agencies and municipal and county court officials to discuss a possible process for issuing citations for certain offenses, said Lt. Donald Baker.
“He has been interested,” Baker said. “It’s not something simple to make a change and have it be efficient for the whole department. We have to work in a collaborative effort.”
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July 14, 2008
Police employee charged with stealing from Blue Santa
A former Austin police employee has been charged with theft by a public servant after authorities said he spent nearly $1,000 in Wal-Mart gift cards for the Operation Blue Santa program on himself.
According to an arrest affidavit, Nicholas Medina, 51, was the treasurer of the board of directors for the non-profit corporation, which supplies children with toys for Christmas. The affidavit said that the program bought turkeys from Wal-Mart in 2006, but was overcharged $959. Wal-Mart reimbursed the organization through gift cards.
The affidavit said Medina then used the gift cards for himself.
Medina recently told another board member what he’d done, according to the affidavit.
Medina resigned from the police department late last week.
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Parks officer not disciplined in fatal dog shooting
An Austin parks police officer will not be disciplined for fatally shooting a dog at Emma Long Park on Memorial Day weekend, according to records obtained today.
According to an executive summary of the incident, Officer Johnny Wooldridge “acted within his scope and authority based on the circumstances he faced with an aggressive dog.”
The summary, written by J. J. Schmidt, a division chief for the Austin Public Safety and Emergency Management agency, said that officers got a 911 call that a dog had bitten someone in the crowded park and was lunging at people.
The dog then charged at an officer and a park employee as they went to investigate, the report said. It attempted to bite the park employee. The officer fired three shots, incapacitating the dog, and then another round “to terminate the dog and minimize the suffering from the previous shots.”
The summary said that Wooldridge fired toward an open field and directly to the ground, and that using a Taser or pepper spray “would not have been appropriate under this circumstance.”
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