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In the swirl of protests over police brutality in Austin in the last two weeks, the lightning rod in the growing demand for change is Police Chief Brian Manley.
Will he stay? Or will he go?
While the question is easily posed in those black-and-white terms, the answer—which can be influenced by the Austin City Council but only wrought by City Manager Spencer Cronk—is more nuanced.
It is also complicated by the fact that Manley, if he goes, will need to be replaced at some point either from within the embattled department, or from an outside search that could take months.
On Thursday, the City Council is expected to approve items that, among other things, direct Cronk to submit a rewrite of the department's budget, limit or ban the use of force by Austin police, and state "no confidence" in the leadership.
The answer to what lies ahead for Manley will likely come in the soon-to-immediate future, if the strong opinions of the council—which has signaled unanimous support for sweeping change, including a no-confidence vote in "current Austin Police Department leadership"—is any indicator.
"He [Cronk] has a range of options," said City Council Member Ann Kitchen. "I'm not going to speculate. That's his [Cronk's] job, and I'm going to hold him responsible for it. And I expect that to be done shortly."
There are several things on the table for Manley's future, according to the Texas Local Government Code and city officials.
- He could be demoted to chief of staff, his former position before he became chief in 2018. Cronk alone has the authority to remove him from office, but without official accusation of a violation, Manley has the right to reclaim his old job or one of similar rank and keep his current seniority.
- He could be reassigned to another position similar in rank to his previous position.
- Cronk, who told the Austin American-Statesman last week that he still has confidence in "Manley's commitment to the community," could put Manly on probation and lay out a set of goals to achieve to keep his job.
- Manley could resign or choose to retire, allowing him to collect retirement benefits earned over three decades working for Austin police.
- Manley could be accused of an official violation of policy and fired, after which he could use the appeals process to try and win back his job. Neither the Office of Police Oversight nor Cronk's office has announced any investigations into the type of misconduct that could lead to the outright firing of the chief, a city spokesman said.
- Or nothing could change.
Cronk, who spent Wednesday in City Council meetings over the $10 billion Project Connect vote, told Austonia through a spokesman that he is listening closely to the council and the community and wants to address their desire for "the kinds of changes that these times demand."
"He does very much want to acknowledge that he's listening, he's aware of the conversations in the community, and he's fully committed to do what is necessary," said David Green, media relations manager for the City of Austin. "He's weighing all of this very heavily and being deliberative about it."
Austin police union President Ken Casaday said he would like to see a delay in Thursday's votes. Before the protests, his group gave Manley a list of proposed changes "in the way the department is run" that they believe will address concerns.
"We think Chief Manley deserves time to respond to our requests due to the events that have happened over the last couple of weeks," he said, declining to specify the proposals. "We're trying to give him the respect he's due for serving the community for 30 years."
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Popular
The Montopolis Dollar tree, run by one employee, closed earlier this month only after an AC specialist said it was unsafe. (Claire Partain)
It's been a few weeks since a viral TikTok revealed poor working conditions at the Montopolis Dollar Tree in southeast Austin, and employee Maggie Lopez is still feeling its effects.
Lopez was filmed working alone at the location May 1 in a since-deleted video that saw 2.9 million views and over 450,000 likes.
In the video, stacked boxes littered the floor, shelves were left unstocked and a leaky, broken air conditioning unit welcomed customers into the understaffed storefront.
@trishmartinez32#x_bazan06#fyp#fypシ#tiktok#friends#like#comment#4upage#4u#share#viralvideo#trending#wow#4upageシ♬ original sound - Patricia Martinez
Lopez, who now works at the dollar store's Springdale location, says she was left with the aftermath of a 90-hour workweek, lost wages and a mystery illness after the store closed a few days later.
"Nobody ever told me... that there was no air conditioning. They didn't tell me there was danger of getting robbed," Lopez told Austonia. "Nobody said anything... they didn't care."
The location didn't shut its doors because of the TikTok exposure: instead, an AC unit specialist doing routine maintenance found employees working in extreme heat and said it was too hot for employees to continue working.
"To operate a business, you have to have your temperature within a certain parameter," Ikaika, the specialist who didn't disclose his full name to protect his job, told Austonia. "As soon as you walk in, you start sweating... it's not good at all."
Lopez said working in 90+ degree heat became the norm in her two months at the location as air conditioning units remained broken for months before the closure. She added some employees, including her former manager and several customers, passed out in the store due to the heat. But she said company leadership remained unresponsive.
Lopez said she sent her district manager, Veronica Oyervides, screenshots of 90+ degree temperatures inside the store. (Maggie Lopez)
Four days after the air conditioning repairman told employees they should no longer keep working at the store, Lopez said her district manager, Veronica Oyervides, was asking her to come back in to prep the location for reopening. Lopez worked May 8 in the shuttered store prepping it for a reopening, which has yet to happen. Oyervides has declined to comment.
Ever since she started working in the deteriorating Dollar Tree, Lopez said she often wakes up with nosebleeds. She said she's constantly thirsty, her hands shake, and she's experiencing headaches and mood swings—symptoms she believes are due to long-term exposure to mold.
Former assistant manager Linnea Bradley told Austonia she has been hospitalized with symptoms linked to heat and stress after working at the store.
"We are sick and corporate does not give a shit," Lopez said. "What kind of damage did these stupid units do to our bodies?"
Lopez hasn't sought care for her symptoms. She says she makes $13.50 an hour and doesn't have health insurance.
Former employees have more complaints than just the heat: Lopez said that personal safety became a concern in the understaffed store. Catherine, a former employee who wished to only reveal her first name, said she's witnessed large-scale theft and instances of mismanagement in her months as a stocker at the location.
"They have no security, no cameras... they don't want you to have anything in writing," Catherine told Austonia. "It's just complete chaos."
Catherine said that she and other hourly employees were given zero hours for weeks on end as managers, who work on salary, were left to run the store alone from 5 a.m. to 10 p.m. each day. She said some managers became so desperate they were hiring homeless people to help stock shelves in exchange for a drink and a bite to eat.
While Catherine (top, middle) often had zero-hour weekly schedules, Martinez, who was paid on salary, worked back-to-back 90-hour workweeks. (Catherine) (Claire Partain)
"They actually did have people willing to work, they just refused to give them hours," Catherine said. "I'm not understanding whether Dollar Tree wants to go under... are they doing this as a tax break?"
Other Austin Dollar Tree locations have reported similar issues. Former manager Jonathan Martinez, who says he was supposed to work 45 hours a week, says he was racking up 90+ hour workweeks and sleeping in the store as he shouldered both the Montopolis and William Cannon locations while his newborn baby was in the ICU in March.
Martinez kept extra clothes in this office after working seven-day weeks at two Dollar Tree locations. (Claire Partain)
Martinez said he slept on boxes as he juggled the job and visiting his newborn in the ICU. (Claire Partain)
Martinez said he slept on boxes as he juggled the job and visiting his newborn in the ICU. (Claire Partain)
"As long as the store stays open, there are corporate people getting bonuses," Martinez, who quit last week after receiving a $100 annual bonus, told Austonia. "Six months ago, when corporate people had a shitload of bonuses, that's when they upped the price (of everything in the store from $1 to $1.25)."
In the six months since Dollar Tree hiked its prices to $1.25, it's gained plenty of mostly negative national attention. In February, the Food and Drug Administration shut down an Arkansas distribution plant due to a massive rodent infestation, and several lawsuits have ensued. The company has also come under fire for selling allegedly expired over-the-counter medicine and its worker shortage at locations across the country.
One employee, who still works for Dollar Tree and wished to remain anonymous, said that they've seen or heard that many area locations are near their breaking point.
"I've seen the good, the bad, the bad to worse," they said. "And it's always a rinse repeat kind of thing... How many more (stores) will go? And what about the employees?"
"Every time I would tell (Oyervides) 'I'm just going to close, I can't stand it anymore,' she would say, 'No, no, no,'" Lopez said. "And I'd be so upset because why? They have my paycheck. It's just been mortifying... the most horrible year of my life."
Dollar Tree's regional director did not respond to requests for comment from Austonia.
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A group of environmentalists and other activist groups are calling on the city to withhold permits Tesla has requested, including for a battery cathode facility by the company’s headquarters near the Colorado River.
In a letter to Mayor Steve Adler and the rest of council, the groups say the manufacturing process will require a substantial amount of water and chemicals, and that as a result, a hazardous waste stream will form.
“Where will the toxic waste end up? How will Austin ensure that it doesn’t pollute the water?” the letter asks.
The groups, which include East Austin group PODER, the Texas Anti-Poverty Project, Hornsby Bend Alliance and others, demand that the city wait on permit approval until the company makes commitments to engage the community and protect the environment.
While building its own batteries could mean a significant reduction in production costs for the automaker, the groups say materials and processes involved in battery production have dangers. They pointed to Piedmont Lithium, a supplier for the facility, saying caution should be taken with battery production products to “avoid contamination of surface, ground and sewerage waters."
Last year, PODER launched an initiative known as the Colorado River Conservancy to protect the character of the river corridor. Paul DiFiore, manager of the initiative, talked about its aims to put protections in place for the riverfront neighborhoods. "That was the goal that Tesla maybe brought that to another level of urgency," DiFiore told Austonia.
The company has faced controversy with its environmental action before. Earlier this year, the company was fined $275,000 by the Environmental Protection Agency for high priority violations of pollution regulations at its Fremont, California plant.
The letter from environmental groups comes just as Tesla was booted from the E.S.G. index, which ranks companies for how they follow environmental, social and governance principles.
Yesterday, Tesla CEO Elon Musk pushed back against the index, calling it a “clear case of wacktivism.”
Exxon is rated top ten best in world for environment, social & governance (ESG) by S&P 500, while Tesla didn\u2019t make the list!\n\nESG is a scam. It has been weaponized by phony social justice warriors.— Elon Musk (@Elon Musk) 1652890157
Along with action on the cathode facility’s permits, the groups are also calling for collaborative work to remedy inequities in water access.
The letter describes how Tesla receives service from Austin Water, though the gigafactory is outside the boundaries of the service area. That’s because the Public Utility Commission granted Tesla a release from South West Water’s service, allowing them to instead turn to Austin Water for service.
Meanwhile, others in the surrounding area, like those in the Garden Valley neighborhood, rely on Aqua Texas Inc.—which has rates more than double that of Austin Water—for retail service. The neighborhood can receive wholesale service from Austin Water, however.
The groups point to this, along with other developments at the gigafactory—clearing large swaths of trees, filling in ponds and pouring acres of concrete for the factory—as a reason to enforce standards requiring companies to operate with social and environmental responsibility.
“If we do not raise the bar for the increasing number of corporations who wish to relocate to Austin or expand their presence, we risk losing precisely that which attracts people to live here in the first place: the clean, beautiful environment that is the foundation of our collective quality of life,” the letter states.
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