NEW: APD members say they were denied chance at promotion, file lawsuit


Austin Police members are asking a judge to appoint a third-party arbiter to settle a dispute they have with department leaders after several of them were denied the opportunity to take a test for promotion.

A lawsuit filed Thursday in Travis County says a promotional list for sergeants expired on Oct. 7, 2016. Several officers, including Corporal David Silva, sought promotion, but were unable to do so because they were not given a test to become eligible. Without that test, promotion to commander and all lower positions could not occur.

The lawsuit was filed on behalf of Austin Police Association President Ken Casady against the officers’ Civil Service Commission and Civil Service Director, the City of Austin, and APD interim Chief Brian Manley.

The officers are asking a hearing examiner to decide whether the department violated an agreement.

According to the lawsuit, Casady on Sept. 20 filed a grievance via email, reminding the police association’s grievance committee that the list was about to expire. An agreement between the city and the police association suggests a usual six-month study period before the exam, Casady wrote, adding the time frame could be shortened to avoid the expiration.

Art Acevedo, the police chief at the time, responded to Casady on Oct. 7, the expiration date, and denied his grievance. Acevedo noted there were two commander vacancies on the staff, but no existing promotional eligibility list from which to fill those vacancies. Therefore, Acevedo said, any trickle-down promotions could not lawfully be made.



Reader Comments ...


Next Up in Local

FORECAST: Moisture from front, cold front could make for soggy weekend
FORECAST: Moisture from front, cold front could make for soggy weekend

Friday forecast for Austin: It will be muggy in Austin on Friday and Saturday, thanks to moisture flowing off of the Gulf of Mexico, potentially bringing daytime storms that could throw a new wrinkle at the Texas Longhorns struggling offense and the Formula One races set to begin this morning.  A cold front arriving late Saturday or early...
Jeff Sessions to speak immigration priorities in Austin
Jeff Sessions to speak immigration priorities in Austin

Attorney General Jeff Sessions will be in Austin Friday to discuss President Donald Trump’s immigration priorities, according to the Justice Department. Sessions will have a round table discussion with state and local law enforcement officials, receive a federal crime briefing and meet with U.S. Attorney’s Office staff, a DOJ official told...
Cub Scout who questioned Colorado lawmaker kicked out of his den
Cub Scout who questioned Colorado lawmaker kicked out of his den

A Cub Scout in Colorado was kicked out of his den, allegedly for asking pointed questions to a state senator during a meeting organized by the Boy Scouts, The Denver Post reported. On Oct., 9, Ames Mayfield, 11, a fifth-grader and a Scout for five years, asked Colorado Sen. Vicki Marble questions about gun control and about comments she made about...
Transgender woman convicted of sexually assaulting 10-year-old in bathroom
Transgender woman convicted of sexually assaulting 10-year-old in bathroom

A Wyoming transgender woman was found guilty of sexually assaulting a 10-year-old girl in a bathroom, the Billings Gazette reported Wednesday.  A 12-person jury found Michelle Martinez, who was known as Miguel Martinez before identifying as a female, guilty of first-degree and second-degree sexual abuse of a minor. Martinez could face...
Trial in boyfriend’s death jeopardized over medical examiner’s testimony
Trial in boyfriend’s death jeopardized over medical examiner’s testimony

A Travis County judge is threatening to dismiss murder charges against man who is on trial for beating his boyfriend to death because a medical examiner revealed unexpectedly that he amended his official finding on the victim’s cause of death. State district Judge David Wahlberg on Thursday told lawyers in Bryan Canchola’s trial that he...
More Stories