ATX PULSE 9/4/24: District Judge Rules City Must Release Files on Police Complaints // Watson: Don't Appeal Ruling // LCRA Opens 2 Flood Gates // Crime in Red River Area Concerns Businesses // Cyclist Dies in Collision // Hays County Residents Speak Out Against Tax Increase (1)

WEDNESDAY, SEPTEMBER 4, 2024

Compiled by Matt Mackowiak

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TODAY’S WEATHER

H: 87° / L: 74°. Slight rain chance today. Latest forecast from Fox 7 Austin’s Zack Shields here.

TOP NEWS

“State court rules Austin must release files on police complaints — here’s what that means,” KUT’s Andrew Weber — “Austin police must release records of officer complaints previously kept in house to the police oversight office, a state district judge has ruled.

The personnel files – known colloquially as “g-files” – were a cornerstone of the Austin Police Oversight Act, which passed last year. Under the act, records of any complaint – even if no disciplinary action was taken – must be handed over to the civilian-led Office of Police Oversight. The police department has historically kept those files from public view.

In her ruling last week, Judge Maria Cantú Hexsel said the city and APD “unlawfully failed to perform their mandatory duty to end the City of Austin’s use of the g file.'”

By violating the city charter, she ruled, the city was violating state law.

Austin previously said it was unsure how to implement the referendum, which voters approved by a 4-to-1 margin, because police officers have a swath of protections under state law regarding employment information.

The criminal justice nonprofit Equity Action, which filed the lawsuit, said the ruling ushers in a new level of oversight of the complaint process and the department writ large.

Kathy Mitchell of Equity Action told KUT the decision means Austin has been violating state law since the referendum passed.

“The city should take a breath. It has now been told by a judge that it has been violating the law since May of last year,” she said. “It needs to stop, take a breath and decide what its baseline is.”

Mitchell said it’s common for police departments to release complaint information previously held in a g-file. She said Dallas, for example, allows public disclosure of complaint-related information. T.C. Broadnax was the city manager in Dallas before recently taking that job in Austin.

The city and the Austin Police Department said it’s unclear how the ruling should be interpreted.

The ruling could upend negotiations on a police labor contract that had been nearing the homestretch. Talks surrounding how to implement the APOA – and the city’s practice of maintaining a g-file – was front and center in those talks.

An unnamed city spokesperson said Austin “is currently reviewing the decision and will have discussions with City leaders on potential next steps in the coming days.”” KUT

» Related: “Mayor Watson says City shouldn’t appeal Court’s ban on private APD personnel records,” CBS Austin’s Michael Adkison — “Days after a Travis County judge ruled that the Austin Police Department cannot maintain a private, personnel record, known as a "G-File," Austin Mayor Kirk Watson says he does not believe the city government should appeal that decision.

"Even without the court order, my position has been that the voter-approved Prop A, including this provision related to the G-file, must be part of a long-term police contract," Watson said in a newsletter, Tuesday morning. "That contract can both support APD officers and put police oversight at the forefront. As to the court order, I do not see a reason to appeal. We have needed clarity, and we can take yet another step in turning the corner for a better, safer Austin."

The ruling, notedly, does not name Watson or the City Council as defendants, but rather the City Manager, Chief of Austin Police, and the head of the Office of Police Oversight.

"We appreciate the court’s time and attention to this matter," a spokesperson for the City of Austin said in a statement. "We are currently reviewing the decision and will have discussions with City leaders on potential next steps in the coming days."

Travis County voters approved the Police Oversight Act, also known as Proposition A, in May of 2023, more than a year ago. Though the City implemented some of the policies within that proposition, Equity Action, the group behind the Act, sued the city late last year for not making the G-file personnel records a matter of public record, subject to Texas' public information laws.

The ruling from Friday is noted only on the summary judgment, rather than the case in full. In other words, it's possible, though not necessarily likely, that the court could rule differently in the future, hearing the case in full.

Noting that Michael Bullock, the President of the Austin Police Association, said in a statement to CBS Austin, "This is not a final decision and was only related to the summary judgment motion and the main case is yet to be resolved. So there is still more to come for all involved and we continue to monitor."

It wasn't immediately clear how quickly those personnel records would become public records. In an interview with CBS Austin, Chris Harris, the Board director of Equity Action, said he would argue those records could become public "immediately."

"Our belief is that they should immediately begin to comply with those records requests," Harris said. "There's no agreement in place that would otherwise thwart the release of that information, and now the courts have ruled very definitively that the information should be made public."

As the court ruling plays out, the Austin Police Association and the City are at the negotiating table for a new long-term police contract, including multiple planned meetings this week. Though the ruling was mentioned on Tuesday in a negotiation meeting, stakeholders seemed to indicate that it would not be a hindrance to the work toward a contract.” CBS Austin

“Llano ISD closed Wednesday due to weather conditions — LCRA partially opens 2 floodgates,” KXAN’s Erica Pauda and Abigail Jones — “The Llano Independent School District is closed on Wednesday due to “road and weather conditions,” the district said in an email. Two floodgates along the Llano River were also partially opened as a result of the flooding.

Llano ISD was initially under a two-hour delay for school Wednesday, but the district sent an email Wednesday morning saying it will be closed “out of an abundance of caution and safety due to road and weather conditions.”

LISD will open at its regular time Thursday.

Flash flood warnings were issued for Central and Northern Llano County earlier on Tuesday after more than six inches of rain fell in the area within a few hours, the KXAN First Warning Weather Team reported.

The Llano River at Llano jumped up to flood stage (10 feet) and continued climbing Tuesday. Those along the river should monitor conditions as water levels are rising quickly.

The Lower Colorado River Authority shortly after midnight partially opened a floodgate at both Wirtz and Max Starcke dams, according to the agency’s X account.” KXAN

“Businesses on Red River Street grow concerned about crime in area,” CBS Austin’s Abigail Velez — “Red River Street in downtown Austin is home to nightlife for Capitol City, but now, it's becoming known for its crime.

"I think that you can't ignore what's going on," said Tasha Miller, owner of Pelon's Tex-Mex on Red River. "Shootings in particular-- that's scary, and that's gonna scare anyone."

Overnight Monday, Austin Police said a person was shot after a road rage fight, leaving the victim with serious injuries.

This happened on the corner of Red River and 7th Street downtown-- the same place two people were killed in a hit-and-run crash in March during SXSW.

It's also the same place four people were killed and 23 others injured in 2014 after a person drove into a crowded street.

"In a lot of these cases, somebody just gets angry within a few seconds, especially if it's drug or alcohol-induced and especially if they have a firearm with them, that that does not help the situation," said Sergeant Nathan Sexton of APD.

Business owners like Miller are tired of the police lights, the panic, and the tragedy, "We've got to find a way to make the streets safer."

This area falls in District 9, which is represented by Councilman Zohaib 'Zo' Qadri.

In a statement to CBS Austin, he said in part, "Everyone should feel safe downtown, whether they're there to work, live, or play. Our office focused on funding downtown public safety priorities in the City Budget... Austin has also just hired a new Chief of Police, who will start soon, and we are months into our negotiations for a new police contract."

For Miller, that's good timing because she's now calling for more patrol officers in the area.

She said, "When you see someone who's there to deter a crime, well then that automatically makes you think, 'maybe I shouldn't commit it.'"

But Michael Bullock with the Austin Police Association said that's a tough task, as APD continues battling its' staffing crisis.

Bullock said Red River is a major crime hotspot and in a statement added, "Our downtown patrol shifts are seeing the same trends as the rest of the department with declining staffing numbers."

He continued, "So while they focus on these problem areas when they can, their attention is spread across all of downtown responding to 9-1-1 calls."

"Nobody wants to visit an area where they don't feel safe," Miller said, "It doesn't matter how much they love the area or how much they love the businesses."

The APA added, "The downtown area and our business community are extremely important to the economic health of our city - for them to be victims of this public safety crisis is unacceptable. APD officers are doing all they can to help, but when we’re stretched so thin it makes taking care of their needs difficult."

According to the city, last year at this time-- there were 229 aggravated assaults and four murders in the Red River area.

Drug violations were also a huge problem for this area last year.

The latest numbers for this year go until June and show, that the Red River area has had 130 aggravated assaults and two murders.” CBS Austin

THE BLOTTER

~ “Cyclist dead after early morning collision in south Austin,” CBS Austin’s Tara Brolley – “A cyclist is dead after a collision with a vehicle in south Austin early Wednesday morning.

According to Austin-Travis County EMS, the incident occurred around 12:35 a.m. at the intersection of South Congress Avenue and Stassney Lane.

ATCEMS and the Austin Fire Department responded to the scene. Medics pronounced an adult patient dead at the location. The identity of the victim has not been released pending notification of next of kin.

Authorities closed roads in the area following the crash, but they have since reopened.” CBS Austin

~ “Austin homeless man who terrorized neighborhood is back on the streets after escaping custody,” Fox 7 Austin’s Meredith Aldis – “A man who has been terrorizing a South Austin neighborhood for years is back on the streets after escaping custody. 

Back in April, city officials confirmed Rami Zawaideh was getting mental health services. However, new court records revealed how he was able to get away and avoid the help community members said he needed.

Crosses are seen along the road, it’s a sign Zawaideh is in the area. He has made his mark in the Westgate neighborhood in South Austin for years.

"Two years of struggle," said a resident, who didn’t want to be identified for fear of retaliation.

Residents have spotted Zawaideh building sculptures, taking a sledgehammer to city property, cutting down trees in the greenbelt with a chainsaw and machete, and screaming at all hours of the night.

"He knows exactly how much to push before he pulls back, he knows what he can get away with," a resident said.

Neighbors fought for him to get help and even testified against him in court.

On April 24, Travis County Probate Court Judge Nicholas Chu stated Zawaideh is mentally ill and is likely to cause serious harm to himself and others. He said he is suffering from severe and abnormal mental, emotional, or physical distress, and it’s deteriorating his ability to function independently. 

Judge Chu placed Zawaideh on an order for temporary inpatient mental health services at the Ascension Seton Shoal Creek Hospital in North Austin.

Residents said they thought he was finally going to receive help, and they could start restoring the peace in their neighborhood, but that didn’t happen.” Fox 7 Austin

2024

~ “‘Where is this gonna end?’ Hays Co. resident speaks out against proposed tax rate increase,” CBS Austin’s Jahmal Kennedy – “A proposal to increase the tax rate in Hays County for the next fiscal year is getting pushback from the public.

County commissioners unanimously approved the move last month 5-0, and say the money would help fund recruiting and retaining law enforcement officers and maintenance of roads and bridges among other things.

However, county resident Dan Lyon is still expressing concerns.

“We’ve got people that have lived here all their lives that can’t afford to live here anymore,” said Lyon.

Lyon spoke in opposition to the proposed tax rate increase during Tuesday’s Hays County Commissioner Court meeting.

“Where is this gonna end?” he asked.

The approved tax rate would increase to $0.35 per $100 valuation for the 2025 fiscal year.

“The problem is, the people in this county, there are some that are very rich, and there are some that are very poor and then there are middle-class people,” said Lyon. “And the middle class and the poor just cannot afford these increases.”

Lyon wants to see the tax rate decrease, citing barriers such as increased prices for groceries as a main issue many residents of the county are dealing with.

“They’re not helping the average person,” Lyon said of the commission.

The way it shakes out currently in the county is those who are 65 and older, as well as those with disabilities, are exempt from seeing a tax increase.

Precinct 3 County Commissioner Lon A. Shell says in order for that to keep happening, someone has to foot the bill.

“There is a cost to having a tax freeze of over 65 and disabled. There’s no doubt about that. That does pass itself down,” said Shell.

Precinct 4 Commissioner Walt Smith recognizes the challenges but says the commission is acting in the best interest of everyone.

“I think it’s sometimes lost the cuts and the work that our county government has done on behalf of its individual taxpayers to ensure we keep that rate as low as possible,” said Smith.

Lyon still disagrees, saying, “We’re hurting in this county.”

There will be one final hearing on the proposed tax rate at a Sept. 17 meeting. It will begin at 1 p.m. on the third floor of the Hays County Courthouse.” CBS Austin

SPORTS

~ TEXAS FOOTBALL: “Florida State drops out of AP Top 25 after 0-2 start; Texas up to No. 3 behind Georgia, Ohio State,” AP’s Ralph Russo — “Florida State fell out of The Associated Press college football poll on Tuesday after starting the season 0-2, becoming just the third team to go from preseason top-10 to unranked in the first regular-season poll since the rankings expanded to 25 in 1989.

Georgia remained No. 1, receiving 57 first-place votes after starting the season with a blowout of then-No. 14 Clemson. The Tigers hung on at No. 25.

Ohio State is No. 2 with five first-place votes. No. 3 Texas and No. 4 Alabama each moved up a spot, putting three Southeastern Conference teams in the top four along with Georgia.

No. 5 Notre Dame jumped two spots after opening the season with a victory at then-No. 20 Texas A&M, which fell out of the rankings.” KXAN

~ TEXAS FOOTBALL: “Texas junior Cam Williams snags SEC offensive lineman of the week honor,” KXAN’s Billy Gates — “Texas junior Cam Williams was named a co-offensive lineman of the week by the Southeastern Conference after a tremendous performance against Colorado State.

The SEC announced the honor Monday for Williams, who head coach Steve Sarkisian is “really proud of.”

“He’s completely changed his body composition, from how he was built when he got here to now,” Sarkisian said. “The athleticism he possesses and the confidence and understanding of our schemes and the way he’s playing.”

Sarkisian said he pointed Williams out two times during a film session Monday getting upfield against linebackers and securing backside blocks. That’s not an easy thing to do for a 6-foot-5, 335-pound first-year starter.

“Some of our guys were in awe of watching a guy that big move the way he was moving,” Sarkisian said. “This speaks to his development and it’s a credit to him.”

Williams helped the Longhorns rack up 545 yards of total offense with 190 on the ground and 355 through the air.” KXAN

QUICK LINKS

~ The Church of Jesus Christ of Latter-day Saints breaks ground on Cedar Park temple - Community Impact

~ Halal Bros. opens Round Rock location - Community Impact

~ 'This is like a nightmare' | Austin catering company abruptly closes, leaving couples high and dry - KVUE

~ 4 Austin-area school districts call November tax rate elections. Here are the proposed rates - Austin American-Statesman

~ More than $2B in Austin airport expansion projects move ahead this summer - Community Impact

~ Council declines site plan appeal despite claims of ordinance violations - Austin Monitor

~ Three seats on ACC board, Lockhart annexation on ballot in November election - Austin American-Statesman

~ Who is Ryan Urrutia? New Round Rock ISD police chief selected - KVUE

~ Appeal reveals ‘urgent need’ to review historic standards - Austin Monitor

~ 2 suffer potentially life-threatening injuries in North Austin fire - Austin American-Statesman

~ Llano ISD issues 2-hour delay for Wednesday due to weather conditions - KXAN Austin

~ Barton Springs Pool closure likely to last 'several weeks' amid repairs - Community Impact

~ 8 recent business updates affecting the far Northwest Austin community - Community Impact

~ Hear from Austin's mayoral, City Council candidates at public panels in September, October - Community Impact

~ Skims opens permanent Domain Northside store - Community Impact

AUSTIN CULTURE

~ KATZ’S NEVER KLOSES: ”Legendary All-Hours Austin Deli Katz’s Is Coming Back” Austin Eater

~ DINING: ”West Austin Greek restaurant set to reopen Tuesday after fire caused temporary closure” KVUE

~ NEW RESTAURANT AND ROOFTOP BAR: ”Downtown Austin hotel unveils fancy dining after surprising closures” Culture Map Austin

~ SUPPORT OUR LOCAL RESTAURANTS: Austin Restaurant Weeks starts today and lasts until Sept. 15. More info here.

~ OLD AUSTIN: ”Clever passport rewards locals for visiting 10 Old Austin institutions” Culture Map Austin

WHAT TO DO TONIGHT

~ LIVE MUSIC: Matt the Electrician (and friends). The 04 Center (2901 S. Lamar Blvd). Doors 7pm, show 8pm. Tix $20 here.

COOL JOB ALERT

~ Development Manager: Andy Roddick Foundation. Salary: $50k+. Info / apply here.