AUSTIN (KXAN) — On Tuesday, the Austin Police Association released a formal request for an independent, outside investigation into how Austin Police Department Chief Brian Manley and Assistant City Manager Rey Arellano handled complaints about alleged criminal and policy violations made by a former commander.
The request stems from a December 2018 firing of former APD Commander Jason Dusterhoft, who was terminated after accusations that he assaulted a woman during sex and associated with people who discredit APD.
During an arbitration hearing to try and get his job back, Dusterhoff claimed Chief Brian Manley and Assistant City Manager Rey Arellano previously ignored his concerns about other officer’s conduct, according to the Austin Police Association.
“He made some very serious policy and possibly criminal allegations against certain individuals in the police department,” said APA President Ken Casaday.
Upon learning of the allegations, the association board voted to ask the city to initiate an outside investigation.
“When we selectively pick what either crimes or policy violations we investigate, it causes great distrust in our officers when they see favoritism being played,” Casaday said.
Dusterhoft made 11 different accusations including time card violations and abuse of power, Casaday said.
In a statement to KXAN News, city manager Spencer Cronk said:
“I will review the matter raised in the Austin Police Association letter I received this afternoon. The APA suggests that former police officer Jason Dusterhoft advised Chief Brian Manley and Assistant City Manager Rey Arellano about wrongdoing within the department that was not appropriately addressed by them. I take all allegations seriously, and will look into this particular accusation.”
In September, a hearing began for Dusterhoft’s appeal of his termination, with his attorney challenging accusations made in a termination memo sent out by Manley.
At the time, the City of Austin’s attorney explained why APD felt it had reason to fire Dusterhoft, which included Dusterhoft deleting pictures, videos, texts and the dating app where he met the woman, once he learned there was a search warrant for his phone.
Now that the arbitration has concluded, the hearing examiner will go back and review the case before making a decision. According to the City of Austin, it typically takes 60 days once proceedings are done.
The APA Board says it’s concerned about the way Dusterhoft’s case was not fully investigated. The group also says it’s concerned by the appearance that APD investigates and disciplines lower-ranking officers differently than officers of higher rank, or those in the “circle of trust.”
The letter said in part:
“The integrity, good order, and discipline of the department are based on the foundational trust that employees have in the leadership of the department and the City of Austin management. A set of double standards for those with higher rank (or employees favored by the chief) is detrimental to the morale and professionalism of the Department. It is a discredit to our hard-working officers to have unjust standards depending upon rank and proximity to the fifth floor.”
In its request for an investigation, addressed to Austin City Manager Spencer Cronk, the APA said that during his testimony, Dusterhoft expressed that he feared retaliation if he brought forward the allegations.
KXAN reached out to the police department for comment and was told the chief is on vacation and won’t be addressing the call for an investigation before he returns.
