Austin city attorney steps down

AUSTIN (KXAN) - City Attorney David Smith has decided to retire in the wake of a decision out of Smith's office not to release a report detailing an investigation into the Nathaniel Sanders' shooting death.

City Manager Marc Ott said he was not surprised by Smith's decision and said he and Smith had many conversations over the last week.

"There's no question that he recognized that I had some concerns and I think that that weighed heavily in his decision," said Ott.

In his letter to Ott on Wednesday, Smith wrote, "As you are aware, questions have been raised concerning legal advice given to you, the Mayor and Council, and the City. I have been lucky to share in the many accomplishments of the Law Department, but take full responsibility for any mistakes we have made."

Ott said he relied on Smith's advice in interpreting the civil service law which dealt with what the city would be allowed to make public from the report. Smith advised city leaders not to release portions of the report which turned out to be the most critical of the officer's actions because of his office's interpretation of the law. Ott opted to be briefed by Smith and Chief Art Acevedo, rather to read the full, unredacted report.

"I certainly would take responsibility," said Ott. "I'm the city manager and the city attorney reports to me. Having said that though, I'm not a lawyer. We hire lawyers because they bring a particular expertise to bear to help and to guide us in making decisions."

Mayor Lee Leffingwell issued a brief statement Wednesday.

"I was informed of David's decision by the City Manager late this afternoon," said Leffingwell. "David has served the City of Austin capably for many years. I respect his service to our community, and I wish him all the best."

Earlier in the week, Leffingwell outlined his concerns in a memo to City Manager Marc Ott.  According to the memo:

"In response to the events of the last several weeks, I’m writing to request a detailed written accounting of city staff’s decision-making process regarding the KeyPoint report, beginning with the decision to commission the report last year and ending with the decision to publicly release the report last week.

"Specifically, I’d like the report to address each of the legal issues surrounding staff’s handling of the report, and to detail the legal opinions regarding the report that were shared with the City Council by the City Attorney. I’d also like the report to specifically address the role of the City Manager’s office in commissioning, receiving, reviewing and releasing the report. 

"Finally, I would like your recommendation as to how we can prevent a repeat of this situation in the future. Moving forward, it is vital that we protect the public’s trust in the integrity of the Police Department, City management, and the City Council by setting the most aggressive transparency standards possible. That should begin with a complete, public accounting of exactly what happened in this situation, and why.

"I would appreciate if you could provide the requested information to the City Council by the end of this business week."

Jim Harrington of the Texas Civil Rights Project also issued a statement:

"The forced resignation of David Smith in light of the KeyPoint fiasco and resulting loss of confidence in the police and city leaders is a step foward.

"He has long substituted his own personal political judgment for sound legal advice to the city's leaders so that they can make appropriate decisions. We have been warning city council about this for a good while.

"His role in the KeyPoint cover up is the final straw. It was shameful we had to file suit to vindicate the citizens' right to see the report. There was no legal basis for the city to hide the report.

"He, however, should not be made a scapegoat about the KeyPoint mess. There is plenty of serious and substantial blame to go around. This should be only the first of a series of corrective measures."