Austin Police Chief Art Acevedo fired a police commander and suspended another Monday because of a sexual discrimination complaint.
Acevedo suspended Commander Larry Oliver indefinitely and Commander Calvin Smith for 20 days, according to a disciplinary memo. The memo said that during his dismissal review hearing, Oliver was offered a 30-day suspension, but the commander refused.
"As a commander, I hold him to a higher standard," Acevedo said in the memo. "I have no option other than to indefinitely suspend Commander Oliver."
Oliver's lawyer could not be reached by press time.
In September, a female police officer requested transfer to the training academy while Oliver was in command, the memo said. Before the transfer was completed, Oliver moved from the academy to a staff commander position and was replaced by Smith. Smith denied the female officer's request. Smith later had a conversation with Oliver regarding the officer's transfer, the memo said, commenting on "what kind of message it would send" to have three female officers working in the academy.
"Commander Oliver told Internal Affairs that he was 'pretty taken aback' by the comment and, 'In my opinion, I ... I think he meant because of, uh, their being lesbians,'" the memo said.
Oliver did not report the possible discrimination but told a subordinate about the comment, the memo continued. The officer heard about the comment and filed a sex discrimination charge against Smith in January.
"It gives the impression that the department condones that behavior," Acevedo said in the memo. "Furthermore, an insubordination charge is even more egregious when committed by a senior manager of the department."
During the internal affairs review, Oliver called the female officer to tell her "that he did not hold it against her for filing the complaint," the memo said. The contact violated administrative warnings that he could not contact any officer to discuss the investigation. The memo said Oliver had worked in the internal affairs unit before and knew of the restrictions.
Acevedo said that Smith stated nondiscriminatory reasons for the transfer denial, but admitted that the comment regarded the sexual orientation of the three female officers. The memo said there was insufficient evidence to prove the denial was discriminatory.
"Commander Smith's opinion concerning the sexual orientation of these employees, and their assignment within the Austin Police Department, exhibited a personal bias, was inappropriate and failed to demonstrate an impartial attitude required of all APD employees," Acevedo said.
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