Archive for the ‘Austin’ Category

Art (Acevedo), damn it! watch. (#AK of a series)

Tuesday, January 23rd, 2024

Art Acevedo is not taking the job in Austin. Repeat: Art Acevedo is not taking the job in Austin.

Acevedo notified Interim City Manager Jesús Garza Tuesday morning, following a firestorm about his appointment as an assistant city manager over the Austin Police Department (APD). On Tuesday afternoon, he posted a statement on X, the platform previously known as Twitter.
“It is clear that this newly created position has become a distraction from the critical work ahead for our city, the Austin Police Department, and the Austin Police Association,” Acevedo said in part, adding that he has always loved and admired the members of APD and, “as a long time member of their extended family, I will continue to support them in any way I can. Their well being has and will always [be] a priority for me, which is one of the reasons I have made this decision.”

I was actually surprised by the reaction to this, but haven’t had a chance to cover it. Many city leaders said, in essence, they felt bushwhacked by the decision and resented not being consulted.

“The biggest reaction, aside from surprise, is how does this make the Austin Police Department stronger and better,” Councilmember Ryan Alter, who represents a large portion of South Austin, told KVUE. “There were real problems that happened under his watch. To bring him back … Doesn’t honor the victims and the work that had to be done after he left.”

It was also particularly upsetting to victims of sexual assault. The city had a special apology ceremony this afternoon:

According to previous KXAN reporting, in 2016, an audit showed that APD lab technicians weren’t using proper techniques when calculating the odds of DNA results, potentially botching thousands of cases. The audit also found that evidence had been contaminated in at least one case and that lab technicians were using expired materials. The DNA lab closed in 2017.

The DNA lab problems, and the case mishandling, all took place under Chief Acevedo’s watch.

If we find out anything about what he’s doing next, we’ll post another Art Watch here. To be honest, we’re a little surprised he never got a position in the Biden administration…

Art (Acevedo), damn it! watch. (#AJ of a series)

Saturday, January 20th, 2024

Seriously. I bet you never expected this item to come back around. I certainly didn’t.

But Art Acevedo is back in Austin, baby!

Doing what?

He will be paid $271,000 as an interim assistant city manager. Acevedo will supervise the Austin Police Department (APD) and serve as a liaison between APD and the city manager’s office. Interim City Manager Jesús Garza said he created the position and hired Acevedo for the job to help lead the department through staffing challenges and continued reform in the aftermath of community demands following the May 2020 protests, among other issues.

Excuse me, but aren’t the city manager and city council supposed to be supervising the Austin Police Department? Doesn’t the chief report to the city manager? Why do we need to pay $271,000 a year for another layer of bureaucracy?

“…lead the department through staffing challenges”? Is Art going to have the ability to authorize new academy classes on his own? Because that’s how you’re going to get through “staffing challenges”: by staffing the department.

The position does not require city council approval and received no public input. Garza said that is consistent with how he has hired other executives, some of whom he said are “people I know and have tapped to help see if they can do the work that needs to be done.”

Am I unreasonable in thinking that a new position that pays over a quarter of a million dollars a year, plus benefits, should be signed off on by the city council? Doesn’t this seem strange to anybody?

As a recap, since it has been a minute since I posted one of these: Art Acevedo was, until this week, the police chief in Aurora, Colorado. Somewhere in there was also a gig as a CNN commentator. The job in Aurora was, according to reports, “interim”.

In 2021, Acevedo was hired to lead the Miami Police Department in what became a tumultuous tenure. He referred to the “Cuban mafia” that controlled the city, igniting a firestorm, and was fired six months later.

Before that, he was the chief in Houston.

…where he marched with protesters after the death of George Floyd in Minneapolis and incorrectly blamed “radicals” from Austin for unrest there.

It was on his watch that HPD narcotics detectives murdered two innocent people.

Acevedo served as Austin’s police chief from 2007 to 2016 with mixed reactions. He achieved near-celebrity status, appearing on magazine covers and marching in parades and rallies, but also led the department during multiple controversial shootings that critics said showed a lack of cultural shift. Acevedo was often criticized for cultivating the limelight more than leading the department.

Brief police beat news.

Monday, August 21st, 2023

Austin Police chief Joseph Chacon is stepping down and retiring from APD after two years as chief.

I really don’t have anything much to say about this: Chief Chacon didn’t do anything in his time to really rise to my attention, either positively or negatively. There are things to be said about poor police response time, ongoing issues with the homeless, and other things going on within the department. But I feel like many of those issues are the results of poor decision making by our city government, and were out of Chief Chacon’s control.

I wish him well in his next endeavors, and I think a Fist Rockbone Brian Manley for mayor/Joseph Chacon for city council ticket would be a fantastic idea.

Administrative update.

Thursday, February 9th, 2023

The list of Austin City Council members has been updated.

It will, I hope, stay that way for the next five minutes or so.

I’ve included staff information when and where it is available. Which led me to note: notorious gun-grabber Ed Scruggs is now the “Constituent Director & Policy Aide” for District 8 council member/mayor pro tem Paige Ellis.

I encourage folks to be polite and respectful in their communications with these folks. Next up: the Travis County Commissioners, then the Congressional reps. Maybe I can get those done this weekend? We’ll see.

(I’ve made some good progress on part 2 of “Day of the .45”, but I still need to take photos, do some proofreading, and triple-check my sources. I might get to the photos this weekend, but again, we’ll see.)

UN-altered REPRODUCTION and DISSEMINATION of this IMPORTANT Information is ENCOURAGED, ESPECIALLY to COMPUTER BULLETIN BOARDS.

Obit watch: December 27, 2021.

Monday, December 27th, 2021

Man, you take some time off for Christmas, and Death decides to be even busier than usual.

Edward O. Wilson.

As an expert on insects, Dr. Wilson studied the evolution of behavior, exploring how natural selection and other forces could produce something as extraordinarily complex as an ant colony. He then championed this kind of research as a way of making sense of all behavior — including our own.
As part of his campaign, Dr. Wilson wrote a string of books that influenced his fellow scientists while also gaining a broad public audience. “On Human Nature” won the Pulitzer Prize for general nonfiction in 1979; “The Ants,” which Dr. Wilson wrote with his longtime colleague Bert Hölldobler, won him his second Pulitzer in 1991.
Dr. Wilson also became a pioneer in the study of biological diversity, developing a mathematical approach to questions about why different places have different numbers of species. Later in his career, Dr. Wilson became one of the world’s leading voices for the protection of endangered wildlife.

Jean-Marc Vallée. THR. Credits include “Dallas Buyers Club” and the “Big Little Lies” series. (Hattip: Lawrence.)

Desmond Tutu, for the historical record.

Sarah Weddington, attorney in the Roe v Wade case. (Hattip: Lawrence.)

Wanda Young, of the Marvelettes.

Ms. Young (who was also known as Wanda Rogers) and Gladys Horton shared lead singer duties. “Don’t Mess With Bill,” which rose to No. 7 on the Billboard Hot 100 chart in 1966, was one of several hits written by Smokey Robinson on which Ms. Young sang lead. (Ms. Horton was the lead singer on “Please Mr. Postman,” “Beechwood 4-5789” and other songs.)

Richard “Demo Dick” Marcinko.

Commander Marcinko climbed the ranks to command Team 6 and wrote a tell-all best seller that cemented the SEALs in pop culture as heroes and bad boys. Though the highly decorated Vietnam veteran led Team 6 for only three years, from 1980 to 1983, he had an outsize influence on the group’s place in military lore.

I’ve read (and thoroughly enjoyed) Rogue Warrior and, believe it or not, Leadership Secrets of the Rogue Warrior and The Real Team: Rogue Warrior (affiliate links). Oddly enough, though, I never met Mr. Marcinko. I say “oddly” because he was actually one of the guests of honor at a convention Lawrence and I went to years back, but I never sought him out. Both of us were busy hanging out with one of the other guests.

Bruce Todd, former Austin mayor.

Todd served two terms as mayor, first elected in June 1991 and retired in June 1997. In his time as mayor, he and the council considered issues such as airport relocation, wilderness preservation and transferring the city-run hospital to Seton. He also helped recruit major employers to the city, like Samsung, AMD and Applied Materials.
He also helped pass the city’s no-smoking law, banning cigars and cigarettes in all restaurants and bars.
Todd also led the effort to get the U.S. Airforce to transfer then-Bergstrom Air Force Base to the city when the base was being decommissioned. He succeeded and also worked to pass a $600 million bond election to transform the base into Austin-Bergstrom International Airport.

(Hattip: Lawrence.)

This is a little old, and has been touched on by other folks, but I did not find a good obit until now: Edward D. Shames.

Mr. Shames’s Easy Company, Second Battalion, 506th Parachute Infantry Regiment, 101st Airborne Division parachuted behind Utah Beach in the D-Day invasion of Normandy on June 6, 1944. It fought the Germans in France, jumped into the German-occupied Netherlands in Operation Market Garden and held off Hitler’s troops in their prolonged siege of the Belgian town of Bastogne during the Battle of the Bulge.

Entering combat as a sergeant with Easy Company, he was among its many paratroopers who found themselves scattered and lost upon hitting the ground behind Utah Beach before dawn on D-Day.
“I landed in a bunch of cows in a barn,” he recalled in a July 2021 interview with the American Veterans Center. “I had no idea where I was.”
He rounded up his men and found a farmhouse. The farmer didn’t speak English and he didn’t speak French, but he took out his maps and, through the farmer’s gestures, found that he was in the town of Carentan, some five miles from a bridge where he was supposed to have touched down. When he got there with his men, he received a battlefield commission as a second lieutenant for his resourcefulness.

Mr. Shames was the last surviving officer of Easy Company.

Obit watch: August 1, 2021.

Sunday, August 1st, 2021

Austin Police officer Andy Traylor passed away last night.

His death came as a result of severe injuries sustained in a traffic accident on Wednesday.

APD said on Wednesday Traylor had been with the department for nine years and said in 2018 he served in the Navy for 10 years prior to becoming an officer. The Office of the Chief Medical Officer for Austin said he leaves behind a wife and five children.

Smash Lampjaw!

Saturday, February 13th, 2021

I wanted to note this yesterday, but I was kind of waiting to hear back from someone.

Austin Police chief Punch Rockgroin Brian Manley is retiring at the end of March.

He’s been the police chief for about three years, but he’s been on the force for 30.

It could be that he’s fed up with the current state of Austin politics and wants to get out while the getting is good. (Lawrence has suggested that Chief Slate Slabrock would have a lot of support if he ran for mayor. I currently live outside the city limits so I can’t vote for him if he does run.)

It could just be that, after 30 years, he wants to go off and do something else. At the 30 year mark, an APD officer gets 96% of their base salary in retirement. I think that’s based on your salary for the past two years, but I could be wrong about that. At “commander” rank, base salary ranges from $138,144 to $158,160 a year: I’m not clear on what chief pay is, but even 96% of the high end for a commander is still over $150K a year. Plus Chief Roll Fizzlebeef has a MBA from St. Edward’s University (one of the reasons I like the guy) so I doubt he’d have any trouble finding a job in private business.

Another person who shall remain nameless shared some speculation that Chief Punch Sideiron resigned as part of a deal with the City Council and city manager to get them to approve a new police academy class: we’ll bring in some new recruits who will (we hope) turn into officers, and in return you get to appoint the next guy to run the department. If so, that would be fairly noble on his part.

The big question in my mind right now is: who gets the job? Somebody local (which is another reason I liked Chief Rip Slagcheek: he was a local boy), or will they bring in someone from California (like they did with the previous chief, Art damn it! Art Acevedo). I suspect the latter, but would be pleasantly surprised with the former, depending on who they do appoint. (Ken Cassady, the head of the police union, is probably right off the list of candidates.)

I wish Chief Buck Plankchest the best of luck in whatever he does next, even if it does mean I don’t have as many chances to use selections from the Dave Ryder Wiki entry.

Also…

Tuesday, February 9th, 2021

…I know I need to update the various lists of politicians. I’ve been waiting until after the inauguration, and for the various IT teams to get things configured.

My hope is that I can get all the lists (City Council, County Commissioners, and state representatives) updated this week, as I know it is becoming increasingly urgent.

Obit watch: January 12, 2021.

Tuesday, January 12th, 2021

Pat Loud, the mother in the 1970s reality show, “An American Family”. I touched on this at greater length when Bill Loud, her husband, passed away in 2018.

I’ve been holding this for a few days: Jim Bob Moffett. He was a prominent oil and mining magnate, and a large donor to UT.

He also made a whole lot of people angry back in the early 1990s when one of his companies planned a development in Southwest Austin.

Environmentalists argued that Moffett’s development would wash building materials, dirt and pollutants that accompany everyday human life into the aquifer, ultimately fouling the springs. Rather than treat the situation as a political dispute in which both sides had legitimate interests — an approach that many activists said had led them to compromise too easily — activists framed the issue as cruel business interests threatening Austin’s most beloved civic feature.
The fight culminated in a City Council meeting June 7, 1990. It is widely considered the high point of Austin civic participation: 17 hours of songs, poems, threats and pleas persuaded a glassy-eyed City Council that had seemed likely to approve the proposal to unanimously reject it. From that decision rose the Save Our Springs Coalition (now the SOS Alliance) and landmark rules that limit development in that portion of Austin.

Art, damn it, art! watch (#56 in a series)

Thursday, December 10th, 2020

(Been a while since I’ve done one of these, hasn’t it?)

The Austin City Council has decided (based on a recommendation from the city’s Arts Commission) to “deaccession” several pieces of public art.

The big news is: one of those pieces is “Moments”. If you live in Austin, you know “Moments” better as “those blue panels bolted to the overpass wall on North Lamar Boulevard”.

“Moments” caused a stir from the beginning. It was the city’s first art-in-public-places project to be installed along a road, and its installation caused traffic backups. The piece was meant to evoke impressions of the moments contained in an experience or environment, Jean Graham, a city of Austin art in public places coordinator, told the American-Statesman at the time.
“The designer was thinking, well, you could think of the moments going by as you are waiting under the bridge in traffic,” Graham told the paper in 2003.
In [Carl] Trominski’s [the artist – DB] submission for the piece’s creation, he wrote that the site “is visualized as a Threshold between the Urban Austin and the Natural Austin. The underpass marks a journey through the city’s self-image. … This proposal intends to strengthen the expression and experience of this moment.” The signs were to “make abstract reference to musical notes, the motion of a row on Town Lake, and acts (as) a shadow indicator of the day’s progression.”

“I thought it would be fun to do something that people could ignore and not even notice,” Trominski told the late Statesman columnist John Kelso in 2006. Trominski, who beat out about 30 other entrants for the art project, continued, “I had no idea people would get angrier at that than they would at the traffic.”

For the record, the other artworks being taken off the list are…

… “Karst Circle” at Austin Fire Station 43/EMS Station 31 on Escarpment Boulevard; “Bicentennial Fountain” at the entrance to Vic Mathias Shores between South First Street and West Riverside Drive; “LAB” along the Lance Armstrong Bikeway from MoPac Boulevard (Loop 1) to Airport Boulevard; and the Republic Square Fountain, which no longer exists and formerly was located at Republic Square Park.

Here’s a presentation with some photos of the art, if (like me) you were unfamiliar with these pieces.

Fountain is no longer exists. During recent renovation of Republic Square Park, it was thought to be a design element, and was removed. AIPP was not informed.

Memo from the legal beat.

Monday, October 5th, 2020

Two Austin legal stories from the past couple of days that I wanted to cover:

1) A former employee of the Austin Public Library has been charged with stealing $1.3 million from the library.

Now, I’m sure you’re asking yourself: “How do you steal that much money from a library?” Answer: according to the indictment, he was purchasing printer toner with a city issued credit card and reselling it online.

“The library’s poor practices and procedures provided an opportunity for Whited to steal from the city during his tenure, leading to waste and overspending by the department,” according to the report. “Whited took advantage of poor purchasing reviews by his supervisors, former Financial Manager Victoria Rieger and Contract Management Specialist Monica McClure. Whited also took advantage of several other purchasing and budget-related shortcomings, such as having a role in the approval of his own purchases and insufficient oversight of the Library’s budget by Rieger and Assistant Director Dana McBee.”
As an accounting associate, Whited was responsible for making and approving purchases, cash receipts, billing, and other accounting transactions, the report states.

Bonus: this wasn’t his first go-around at the rodeo, but somehow the library put him in charge of all that stuff.

2) Strippers. Always with the strippers. A group of them are suing some of our finer local “gentleman’s clubs” (specifically, The Yellow Rose, Perfect 10 and Palazio, if you know Austin strip clubs).

The basis for the lawsuit is kind of unsurprising: the strippers claim that they were improperly categorized as “independent contractors” rather than employees.

The women signed documents agreeing to be independent contractors rather than employees, records show. However, Ellzey said the clubs treated them like employees — requiring them to work a certain shift, setting prices for dances and charging the women late fees if they did not arrive on time.
Under labor laws, that makes them employees, Ellzey said.
“The law looks to the conduct of the club … not the documents cooked up by the clubs,” Ellzey said. “The documents have no real legal significance.”

The responses from the clubs are about what you’d expect: the strippers wanted it that way.

Yellow Rose’s management also said that it’s in the dancers’ best interest to work as independent contractors.
“All Yellow Rose employees make at least minimum wage and generally far more than that,” the club said in a statement. “This case involves three — we have no clue who the fourth person in this lawsuit is — entertainers who knowingly and willingly worked as independent contractors, all of whom made a great deal more money than what they would have made had they been minimum wage employees. They now claim they were/are ‘actually’ employees and are due compensation directly from the Yellow Rose. We disagree.”

Bishop said the independent contractor agreements gave performers the opportunity to avoid turning over their tips to the club. However, Ellzey said that, despite this, the club often required the performers to divide their tips among other employees, such as the DJ, the security guard and management.
“The performers are typically younger,” Ellzey said. “They go to work in these clubs, and the money they’re making on stage is sometimes really surprising. I think when an older club owner or a manager with apparent authority says, ‘This is what you have to do. This is what everyone does. You need to split your tips, you need to pay house fees,’ then a younger, more vulnerable dancer is just going to believe them.”

This is also another “not the first go-around at the rodeo” affair: there was a previous settlement in another lawsuit filed against four clubs in Houston.

I’m no employment lawyer, but: if they control your schedule, set prices, and charge “late fees”, that kind of sounds to me like the strippers may have a case.

Texican standoff.

Monday, February 10th, 2020

I keep hoping for a gunpoint standoff between some Federal law enforcement agency and some local government: pot, guns, it doesn’t matter to me what causes the standoff. I just like the idea of two law enforcement agencies pointing guns at each other: “Let’s settle this Federalism question once and for all, mofo!”

Why do I bring this up? Well, there was a story on the Statesman website yesterday about a possible standoff between the FBI and the Austin Police Department. Here’s what’s going on:

I’ve written before about the 1991 yogurt shop murders and the impact they had on the Austin psyche. Almost 30 years later, this something that’s still talked about, debated (was it crooked cops?), and cited as a defining moment for the city. I think part of what makes this the case is that there’s been no solution.

But there’s a new DNA technology called Y-STR. Apparently, with this technology, it’s possible to narrow down recovered DNA to just the male only component of the sample. So APD sent DNA samples to a lab and got a Y-STR profile, which doesn’t match any of the existing suspects or their family members. So they expanded their search:

They accounted for many of the customers at the shop that evening and got DNA samples from them. There was no match. They used yearbooks from the girls’ schools to build lists of their classmates, and then covertly gathered DNA samples from many of them off discarded soda cans or cigarette butts. Again, there was no match. Worried that first responders might have contaminated the scene, they tested every man who had gone into the burned-out yogurt shop. Still, no match.

Then they submitted the profile to an online Y-STR database…

The National Center for Forensic Science at the University of Central Florida operates the U.S. Y-STR Database containing 29,000 samples for population research. Its website says it has samples from “government, commercial and academic resources throughout the United States” and that “all forensic laboratories and institutions are invited to contribute.”
Today, the website contains a disclaimer, saying that it does not function as a law enforcement database and “cannot be used to identify a particular individual whose sample is in the database. All donors are anonymous (and samples) cannot be traced back to specific individuals.”

And they got a hit. But there’s a problem: the owners of the database, and the FBI, won’t release the data on who submitted the sample. (The FBI is involved because the sample was submitted by one of their forensic analysts.)

Montford said agency officials cited a 1994 federal law that created a national forensics database that law enforcement officials use for investigations. That law, they said, required officials to protect the identity of anonymous donors whose DNA was submitted to the Florida database for population research.
“They basically say, ‘We would love to help you, but we have a federal statute that says we can’t release it,’” Montford said.

Why would you put a law like that in place? Well, the DNA in the database can’t be used for a unique identification: at best, it would narrow the field down to “thousands of men” who have the same profile. APD seems to be fine with that: after all, cutting down the possible number of matches from about half of the people who lived in Austin in 1991 to a thousand or so might be useful. But the FBI and the people who run the database seem to be afraid of the possibility that innocent people might become suspects.

At their wits’ end, De La Fuente and other prosecutors began considering a subpoena for the information. They say they are still weighing such an unprecedented step, but fear the litigation would cost untold time and money.
In a statement to the Statesman, the bureau said, “The FBI did not perform forensic testing in this case and cannot speak to this case.”
The FBI acknowledged that it had provided anonymous male profiles to the Florida university for a study into how many of those profiles exist in a specific population and were legally allowed to do so. But the bureau said, “These profiles are not suitable for matching to an individual.”