Whipped Cream Difficulties

Two quick notes:

Remember the Tulsa Sheriff’s Office reserve deputy who thought his gun was a taser and ended up killing a guy last April?

Guilty of second-degree manslaughter.

Followup to the latest Art Watch: I usually don’t link to Statesman editorials, but I’m making an exception in this case. This one contains Chief Acevedo’s response to the reprimand, and the “he did not find any violation of APD or city policy” memo from the city manager.

In other news, it seems at least some members of the city council are not pleased…with the city manager.

Council Member Don Zimmerman said it was that lack of transparency that has led to his growing desire for Ott to be fired.
“When the city manager notified us, he didn’t even bother to attach the same documents that were sent to the media,” Zimmerman said. “I call that secrecy.”

Remember my asking a while back, “Will we get to “Z” in the series?”

That question has suddenly become a lot more pertinent.

The Austin city manager has:

• accused the chief of insubordination
• fined him five days of pay
• reprimanded him
• and warned him that “he could be fired for future misconduct” (No!
  Really?)

What happened? You know that naked unarmed 17-year-old that got shot back in February? The city manager’s complaint basically amounts to: “I told you to shut up and stop talking to people about this, and you didn’t.” I apologize for the length of this quote, but I feel it is necessary to show the timeline of events that caused the city manager to lose his you-know-what:

Acevedo responded with a news conference Feb. 11 with representatives from several community groups, including Black Lives Matter — a decision that angered many officers and their union who thought the gathering showed Acevedo had already decided that Freeman erred.
Documents show that, several weeks later, Acevedo visited the department’s police training academy, where he again discussed the shooting.
That meeting prompted a formal complaint to Ott by the union, and Ott hired an outside investigator, Larry Watts, to look into whether Acevedo’s comments were inappropriate or showed a bias against Freeman.
Watts found Acevedo hadn’t violated any policies, but wrote that “while I do not find a policy violation, I do believe that the department and city of Austin would have been better served if he had refrained from discussing the Freeman case at that time.”
Soon after Acevedo’s visit to the academy, Ott met with Acevedo and, the city manager wrote, “I directed you to let the administrative investigation process proceed in its normal course; to cease meeting with groups, including APD officers and cadets, and talking about matters connected with the pending officer involved shooting investigation.” He also was told not to discuss the case with union President Ken Casaday, Ott wrote.
According to the memo, Acevedo proceeded to discuss the case with Casaday on March 3, and returned to the police academy March 4 to hold a mandatory meeting with cadets and training staff.

The Statesman goes on to say that, according to the city manager’s memo, he met with Chief Acevedo on April 12th, and “Acevedo agreed that his actions had been insubordinate.” However, the Statesman also quotes the chief:

“I respectfully differ with the city manager and Austin Police Association about my public remarks and response to the officer-involved shooting on February 8, 2016. I acted in the best interests of the City of Austin, Austin Police Department, and community after a tragic incident that cost a young life and ended a police officer’s career.
“While I disagree with the manager’s reprimand, I recognize his right to exercise that authority,” Acevedo said. “The manager and I have worked together for nearly nine years. Disagreements are inevitable. I look forward to putting this behind us and continuing a productive partnership.”

Some thoughts:

• In case you were wondering, when the chief pulled out of the running for the San Antonio job, he got a five percent pay raise, plus an agreement to pay out “up to six months” of severance if he gets canned. The Stateman puts Chief Acevedo’s current pay at “about $206,086” (about?), and claims five days of pay “would mean a loss of about $4,000”. I’m not sure where that number comes from: the paper doesn’t specify that $206,000 is yearly, but I feel it is safe to assume so. Divided by 365.25 (to account for that pesky leap year) I get $564.23 a day, or $2,821.16 for five days. Anybody want to double-check my math on that?
• The Statesman also spells out some additional background: briefly, Acevedo was hired by a former city manager (Toby Futrell) and the claim is that there’s been a simmering ongoing conflict between the chief and the current city manager (Marc Ott).
• “The documents show publicly for the first time dissatisfaction among some in city management for an official who has been arguably the most visible in local government since arriving in Austin in 2007.” On the one hand, in my experience so far with the Citizen’s Police Academy, the rank-and-file seem to love the guy. Yes, they could be blowing smoke up my you-know-what. And I suppose they wouldn’t pick people to come down and present if they knew somebody was going to publicly say, “Chief’s an a–hole.” But the feelings I’ve heard expressed seem heartfelt and genuine: the chief has made the department more professional, more accountable to the city, better equipped, and more transparent. Many people in high law enforcement positions (from what we’ve been told) look to APD as a national model, and are actually calling the chief daily looking for advice.
• On the other hand, I’m sure there are at least some officers who are disgruntled by the disciplinary action taken as a result of the shooting. I’d like to express an opinion on that myself, but I’m still turning over some issues related to the use of force in my own mind. The question I’m wondering about is: if Acevedo is fired, how does the rank-and-file react? Also, what does this mean for recruiting in an already understaffed department?
• I’m embarrassed to admit that I’m not sure how the city government works in the case. Does the city manager have the absolute authority to fire the chief? Or does the council have to agree? And if the city council has to agree; give the current composition of the council, would they? How would the votes break down?
• Finally, if the chief does go, I’m worried about me, Al Franken the future of the Citizen’s Police Academy, and of quite a few of the folks I’ve met through it. I’m hoping things don’t come to that. At least, not before May 19th, when we graduate.

Great and good friend of the blog RoadRich is taking the CPA class with me. Actually, the whole thing was his idea, so now you know who to blame for the blog posts.

And as far as blaming people for blog posts, he also sent a thoughtful reply to the use of force post. I liked it enough that I asked him for permission to use it here, which he granted. What follows after the jump are his comments, with a few personal asides edited out.

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Earlier this week, I wrote about the Austin Police Department, use of force policies, and the officer who was fired for shooting a naked unarmed 17-year old male.

I have two followups to that.

Austin has an organization called the Office of the Police Monitor. This is an organization independent of the APD; the basic idea is that they serve as a civilian oversight organization for the police. They’re the ones who issued that report on stops and searches I touched on a while back.

Part of what they do is monitor Internal Affairs investigations, and make recommendations as they see fit. You might correctly guess that they were involved in the shooting investigation.

The Stateman published a story late yesterday afternoon about one of the OPM’s recommendations as a result of this incident: they want a trainer at the police academy reassigned.

Yes, a trainer. Why? I’m going to put a break here because this is running long…

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During stops that resulted in a citation or an arrest, African-Americans had a 1 in 6 chance of being searched in the same type of stops, which was the same rate since 2012. Hispanics had a 1 in 9 chance of being searched, which also was the same rate from the previous two years, the report found. Whites had a 1 in 22 chance of being searched.

I wanted to take note of this story, and the complete report from the Office of the Police Monitor.

Chief of Staff Manley, who is quoted extensively in the Statesman report, addressed our Citizen’s Police Academy class last week and spent about 30 minutes going over the report. I feel comfortable saying that pretty much everything he told us, as far as APD’s response to the report, made it into the Statesman‘s article. But I’m glad to get the OPM’s side, too.

(A representative from the OPM did address our CPA class, and I think the CPA deserves some credit for having him there. However, his presentation came the week before the OPM report was released.)

There are some things that Chief Manley said in his presentation that bother me a bit, but I’m having trouble articulating exactly why; this may be the subject of a longer post later, along with one I’m trying to write about “response to resistance”.

(As we all know, resistance is a) futile, and II) voltage/current.)