ATX PULSE 8/14/24: City Clerk Rejects Petition to Recall Bastrop Mayor // APD Denies 'Restricting' Evidence from DA // Dueling Bullock, Harris Op Eds on Police Contract // $2.5 Cent Tax Increase for Child Care Approved for Ballot

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Today’s Weather: H: 99° / L: 77°. Another scorcher, same sh*t, different day. Latest forecast from Fox 7 Austin’s Zack Shields here.

TOP NEWS

“‘Borderline illegal’ | Opening statements in evidence tampering trial of Javier Ambler’s death,” KVUE’s Melia Masumotor — “On Tuesday, a Travis County court heard opening statements for the trial of former Williamson County Sheriff Robert Chody and Assistant County Attorney Jason Nassour.

Both are charged with evidence tampering tied to the 2019 in-custody death of Javier Ambler.

State’s opening statements

During opening statements, their attorneys focused on the idea that Chody’s main concern in his position as sheriff was fame and notoriety. They claim that’s why he sought out the contract to work with the show Live PD back in 2017.

They also say the reason Chody made sure this “destruction provision” of footage was in the contract, was to ensure there wasn’t video that would put law enforcement in a bad light.

Another issue they brought up was the fact that none of the Live PD crew who were at the scene of Ambler’s death were interviewed by law enforcement. The state attorneys were concerned that these crew members witnessed an in-custody death, but did not have to give statements.

Defense’s opening arguments

Chody and Nassour’s defense argued that they have both been considered the “fall guys” in this whole situation.

“This whole prosecution is to blame everything, everything, reasonable or not, on Sheriff Chody,” said Gerry Morris, Chody’s attorney.

They say evidence will show that Nassour came up with this provision to be a good idea for the county because they did not want to see the footage get cut up or sold to be made a hit piece on Williamson County.

But they claim that the provision did not require the actual destruction of the footage or any criminal acts. Their defense says instead, the footage doesn’t exist anymore because the Assistant District Attorney did not issue a legally sufficient subpoena.

The defense also claims the contract was backdated for the purpose of extending insurance coverage.” KVUE

“City clerk rejects petition to recall Bastrop mayor,” KVUE’s Laura Sather — “On Tuesday evening, the interim city secretary informed the Bastrop City Council she is unable to render a decision on whether a petition to remove Mayor Lyle Nelson from office is sufficient or not.  

The city clerk says the petition didn't have the right documents to be put on the November ballot. 

In April, Nelson was given an official reprimand by the Bastrop Ethics Commission for interfering with a financial investigation of the former Visit Bastrop CEO and then lying about his affair with that CEO.

Nelson's attorney disputes that, saying the commission already cleared him.

City Councilmember and Mayor Pro Tem John Kirkland told KVUE in July that, by citizens’ request, they started collecting signatures for a petition to recall the mayor. If the signatures eventually are approved by the city clerk, people could vote in November to remove Nelson.

According to city documents, the recall petition had more than 1,600 valid signatures, but it didn't have affidavits that were required to go with each page of signatures.

The problem is that city staff approved the form that petitioners used for this, so the city may let the petitioners fix issues and let the process move forward. The city charter allows petitioners to fix the problem and for the accused to have a hearing on it, but that's supposed to happen 90 days before the election.

Nelson's attorney argues this process shouldn't go through the city council and it should go through the courts.” KVUE

THE BLOTTER

~ “Bond reduction requested for Austin human trafficking suspect,” KXAN’s Brianna Hollis – “Juqing Lu, who police arrested on two human trafficking charges, faced a judge Tuesday as her attorney asked to have her bond reduced.

Her shop, RS Foot Massage on U.S. 290 in southwest Austin, received an emergency closure order last week from the Texas Department of Licensing and Regulation (TDLR).

“I approached the judge and asked him to consider lowering Ms. Lu’s bond. It’s currently set at $100,000 on each case, which to me seems to be a little bit excessive,” Joe Wells, Lu’s attorney, said.

According to court documents, Lu is accused of holding two victims against their will and forcing them to ask clients if they wanted sexual services after massages, and subsequently pocketing most of that money herself.

“Like so many of these cases, they’re not quite what they seem,” Wells said, claiming the victims had access to their passports, phones and money.

The judge addressed Lu through an interpreter and said he needed more time to go over the evidence before making a decision about reducing her bond.

The TDLR said RS Foot Massage had been licensed with the agency since 2019 and had no previous violations or red flags.

Tela Mange, TDLR’s communications director, said while staff proactively perform impromptu inspections at their licensed locations, “we can’t be in every massage establishment 24 hours a day, seven days a week.”

That being the case, Mange said TDLR relies heavily on tips from customers, which comes with its own set of challenges.” KXAN

CITY HALL

~ “Austin police says it doesn’t ‘restrict’ evidence from DA, clarifies original statements,” Austin American-Statesman’s Skye Seipp – “The Austin Police Department is now saying that it does not restrict any evidence from prosecutors involved with a case — after telling the American-Statesman previously it had a practice of doing so in certain circumstances — and that it only restricts evidence from other personnel within the department.

The Police Department also said the Statesman story that ran Monday, which also noted that police could be violating state law if evidence is being withheld from prosecutors, was "inaccurate."

"It's important to clarify that the APD did not withhold evidence or violate state law," a police statement sent Monday night to media outlets read.

The Statesman learned Friday that the department might have withheld evidence ahead of a pretrial hearing for a murder case that was set to go to trial Monday.” AAS ($)

~ Michael Bullock guest column: “Union president: Austin police are ready to sign contract, implement voter-approved Prop A,” via Austin American-Statesman – “Many believed that the Austin Police Association (APA) would be a relentless roadblock to implementing the voter-approved Prop A police accountability and transparency ordinance. Today, nothing could be further from the truth. 

For the past six months, the APA has been working with the city to find the best path to implement Prop A as part of the new Austin Police contract. We recognized that the contract would need to remove barriers to the city implementing the civilian oversight directed by Prop A, and the city also understood that a new contract must ensure fairness and due process that protects officers' rights. Both sides have witnessed the negative effects of APD’s endless vacancies and have prioritized enhancing officer working conditions to create a foundation of stability to retain the amazing, hard-working officers at APD while also creating incentives to attract the best and brightest candidates to serve here. 

When the APA and the city first met, we agreed on four key areas of Prop A that required specific language in the new contract. These areas of Prop A conflicted with current state laws that establish rights and protections granted to officers to keep them “free from political influence.” Both parties agreed that officers would need to waive some of these rights in the new contract to ensure that Prop A is fully implemented. 

The four areas identified were: changes in definitions, ending the confidential file related to unsustained officer misconduct under Texas Civil Service law, increasing the number of days to investigate alleged police misconduct to 365, and changes to grievance procedures. It is crucial to understand that each of these changes is only possible through the meet and confer contract process, as each change is a violation of state law without a contract. This contract process, established by state law, is the only way the city could legally fully implement Prop A.” Bullock is president of the Austin Police Association. AAS ($)

~ Chris Harris guest column: “Austin police contract negotiations must be done in public view, not privately,” via Austin American-Statesman – “Is it best for police officers, for a city and for the residents of that city if the officers work under an active police contract? That depends entirely on what it says.

Does the contract pay police fairly while retaining the city’s ability to fund existing services and meet the growing needs of future Austinites, or does it promise austerity and vital service cuts? That depends on what it says.

Does the contract incentivize officer recruitment and retention, or does it encourage officers to max out overtime and retire as soon as possible? That depends on what it says.

Does the deal limit officers with histories of misconduct or bias from promoting up through the ranks, or does it enshrine standardized test scores as the priority? That depends on what it says.” Harris is a board member of Equity Action. AAS ($)

2024

~ “Travis County child care proposal moves to November ballot,” KVUE’s Matt Fernandez – “This November, Travis County voters will get to decide whether to approve spending money on a plan to make child care more affordable.

County commissioners on Tuesday voted to put the proposal on the November ballot. If it passes, county leaders say it could help with child care and after-school costs.

The measure would increase property taxes by 2.5 cents per $100 valuation. County leaders said that comes out to about $10 more per month for the average Travis County resident and would generate $75 million annually.

Travis county officials say the average family pays about $13,000 a year for child care.

“Help people who are under a certain income level get either free or reduced-priced child care, and that means not only that part of it but the fact that there are just not enough child care providers in Travis County," said Travis County Judge Andy Brown. …

The proposal will be on the Nov. 5 ballot. Texans have until Oct. 7 to register to vote.” KVUE

OTHER NEWS

~ “Commissioners advance program to provide legal counsel at bail hearings,” Austin Monitor’s Amy Smith – “The Travis County Commissioners Court voted Tuesday to move forward on implementing a program to provide legal representation to arrested individuals during magistration when a judge determines probable cause for arrest and sets bail.

Commissioners will first need to authorize funding for the program, called “counsel at first appearance,” or CAFA, which a panel of elected and appointed officials estimates will cost $6 million to $6.5 million during the first phase of implementation.

Commissioners directed the panel to work with the county budget office and stakeholder advocates to finalize details of the program and return to the Commissioners Court Aug. 27. Up to an estimated 65 full-time employees, including attorneys and administrative staff, will need to be hired and trained before the program begins.

The county first tried to pilot a CAFA program in 2022, but lacked the space and other infrastructure to ensure its success. County officials revived the endeavor in April, about the time that the American Civil Liberties Union filed a class-action lawsuit against the county for failing to provide legal counsel to arrestees without the means to retain an attorney.

Since renewing its efforts to get CAFA off the ground, the county has conducted a series of operational test runs, providing legal counsel to 655 individuals, 608 of whom were magistrated.

The program will have one shift during its first phase of implementation, with attorneys working 2 p.m. to 11 p.m. seven days a week. Officials estimate the fully implemented CAFA program will cost $12 million to $12.5 million to operate two shifts.” Austin Monitor

~ “Austin tops USA Today list of top cities to start a business,” via Austin Business Journal – “Starting an entrepreneurial journey is tough for anyone, but a new USA Today rank confirms that Austin residents often have an advantage.

Austin recently was listed as No. 1 on USA Today Blueprint's list of the best cities to start a new business.

To make the ranking, the media site analyzed eight data points from 46 of the most populous U.S. cities, such as the number of businesses launched, close rates, the percentage of households with self-employed incomes, GDP growth and more.

Austin took the No. 1 spot with the second-highest ranking for the percentage of total employment in startups at 5% and a 14.3% GDP growth between 2021 and 2022.

According to the Bureau of Labor Statistics, just over one-fifth of businesses don't survive to the end of their second year, an average going back to at least 1994.

However, certain locations offer advantages over others, with factors like the prevalence of self-employment and employment in startups, LLCs and other small businesses serving as indicators of where in the country it might be best to make entrepreneurial headway

The glory days of startup funding in Central Texas appear to be over, at least for now. The record highs of 2021 and 2022 are fading in the rearview mirror.

Austin area startups raised just $596 million across 74 deals in the second quarter. That may sound like a lot, but it represents a steep decline in venture funding for local companies. It was the worst quarter, in terms of dollars raised, since the third quarter of 2018, according to a new report by PitchBook and the National Venture Capital Association.” ABJ ($)

~ “Austin Public Health launches campaign amid rising HIV diagnoses,” via Fox 7 Austin’s – “Austin Public Health (APH) is launching a campaign amid rising diagnoses of HIV in the Austin metro area.

"Ending the HIV Epidemic" campaign is to highlight local resources such as testing and treatment available to support those who have tested positive for HIV.

"While testing positive for HIV is a life-changing experience, it doesn’t have to be a life-ending one," said APH Director Adrienne Sturrup. "Our teams are here to not only provide services in a clinic – they're also here to support you as you receive the treatment you need."“ Fox 7 Austin

~ “Austin entrepreneur marks decade of mountain climbs for children with cancer,” CBS Austin’s Stephanie Becerra – “An Austin entrepreneur is set to embark on his 10th annual mountain climb to support kids battling cancer.

The mountain climb is part of the Keep Climbing Foundation, which is an independent nonprofit aiming to service children with severe illness.

This year, the president and founder, Ryan Kelly and his fellow climbers will attempt a dual summit of Mount Baker and Twin Sisters in Washington State.

(Courtesy: Keep Climbing Foundation)

Kelly says that for the past 10 years, no matter what's been going on in their personal and professional lives, they've made time to climb for the kids.

This year's fundraising goal is $25,000.” CBS Austin

SPORTS

~ TEXAS FOOTBALL: “Texas football RB Christian Clark tears Achilles tendon, will miss 2024 season,” Austin American-Statesman’s Caleb Yum — “Freshman running back Christian Clark suffered a torn Achilles tendon in Monday's practice and will be out for the season, Texas football announced Tuesday.

The former three-star recruit is the second running back that Texas has lost for the season, with starter CJ Baxter tearing his PCL and LCL ligaments.

During Monday's availability, Sarkisian spoke about how both Clark and fellow freshman RB Jerrick Gibson fumbled the ball during the practice. However, he also said the backs are "further down the road than maybe some would think."

The coach was plenty excited for Clark even before the season began, comparing him to one of the best backs in Longhorn history.” AAS ($)

~ TEXAS FOOTBALL: “StubHub: Texas Longhorns are the second-best selling team this upcoming football season,” KXAN’s Christopher Adams — “Excitement is building ahead of the Longhorns’ inaugural game in the Southeastern Conference, and game tickets are in high demand.

Data from StubHub, a third-party sports and entertainment ticket website, shows the Longhorns are the second-most in-demand team for the upcoming season, based on ticket sales. Only Michigan ranks higher, while Texas A&M ranks third, ahead of Alabama and Ohio State.

The Longhorns, who recently were ranked No. 4 in the AP preseason poll, also feature in three of the top five most in-demand games. The away game against Michigan has had the second-highest volume of ticket sales on the website so far, while the Georgia and Texas A&M games rank third and fifth respectively. …

UT’s game against Georgia has sold 41% more tickets than the A&M rivalry game, which returns this year for the first time since 2011. For home games, matchups against Florida and Mississippi State are also seeing high demand for the Longhorns.” KXAN

~ WESTLAKE FOOTBALL: “Embracing a no-days-off mentality, Westlake primed to make another deep playoff run,” Austin American-Statesman’s Billy Gates — “The offseason is no longer the offseason in the current high school football landscape, and to stay at the top of the food chain, programs need to have that engrained into the culture.

Consider the Westlake Chaparrals as one of those programs.

It was the first day of official practices Monday for the Chaps, but head coach Tony Salazar knows it was just a more organized extension of all the work the players put in over the summer. You know, during the offseason.

“It didn’t look like a first day of practice,” he said. “They’ve been through this together. They went through spring football and had player-led practices, and the kids know what the standard is. Our seniors are doing a great job of leading and they are excited about what’s in front of them.”

The Chaps met their nemesis in the 6A-Division 1 semifinals last season, losing 23-14 to the Galena Park North Shore Mustangs and ending the season a week earlier than they wanted to. Salazar said the goal of this year’s team, as with most teams, is to be the “most complete team in Texas.” How does that happen? Not standing around at practice is a good starting point.” KXAN

AUSTIN CULTURE

~ DRINKS: ”A North Austin Brewery Is Opening a New Agave Cocktail Bar” Austin Eater

WHAT TO DO TONIGHT

~ LIVE MUSIC: Kings of Leon with Can We Please Have More Fun (Moody Center). Doors 6:30pm. Show 7:30pm. Tix start at $39.50 here. (Your humble correspondent will be here tonight so say hello if you see me).

~ FILM: Hitchcock Week (Paramount Theater, 713 Congress Ave). Thru Aug. 18. Full schedule here.

COOL JOB ALERT

~ External Affairs Specialist: Central Health (Austin). No salary information offered. Info / apply here.