{"id":1282,"date":"2016-07-05T18:13:11","date_gmt":"2016-07-05T22:13:11","guid":{"rendered":"http:\/\/lawflog.com\/?p=1282"},"modified":"2016-07-05T18:13:11","modified_gmt":"2016-07-05T22:13:11","slug":"more-fun-and-games-at-the-texas-alcoholic-beverage-commission","status":"publish","type":"post","link":"https:\/\/lawflog.com\/?p=1282","title":{"rendered":"More fun and games at the Texas Alcoholic Beverage Commission"},"content":{"rendered":"

\"Sherry<\/a>Last week I wrote about evidence that Sherry Cook, executive director of the Texas Alcoholic Beverage Commission, received unearned training credit<\/a> from a police academy run by her husband at Alvin Community College. \u00a0This afternoon I received an email from ACC President Christal Albrecht<\/a> confirming that students were supposed to attend the class on campus and in person.<\/p>\n

That looks like a problem for Cook, because TABC officials claim they have no records reflecting travel, food, lodging, etc.\u00a0for the week-long class. \u00a0The Texas Commission on Law Enforcement opened an investigation<\/a> of Cook and her husband Maurice following my post, and I’m told the investigation is sending shockwaves through the agency.<\/p>\n

I hope so. If half of the tips that I have received from current and former agents are true, TABC needs to be overhauled from top to bottom. Consider the email below, which I received several days ago.\u00a0Although I cannot personally vouch for any of its contents, I shared it with two retired TABC agents who told me that they could corroborate some of it and that they believed all of it:<\/p>\n

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Good Afternoon Mr. Clevenger,<\/em><\/div>\n<\/blockquote>\n
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I am a 30 year veteran with the TABC, 52 if you count my dad also working for TABC while I was growing up.\u00a0 I wish to remain anonymous therefore I will not be using my name or any names of others that I work with, because of fear of backlash from the tyrants in Austin.\u00a0 I read your article about Sherry Cook, as well as multiple other agents read it, and I decided that there are somethings you might want to know.\u00a0 There is quite a bit and there is no certain order.\u00a0<\/em><\/div>\n<\/blockquote>\n
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We\u2019ll start with the Special Investigations Unit (SIU).\u00a0 SIU was formed to investigate complaints of large scale organized criminal activity, such as human trafficking, drug trafficking, etc.\u00a0 However ever since its creation SIU has taken valuable resources from the rest of Enforcement Division.\u00a0 I understand the need for a branch of a division such as SIU, but when they aren\u2019t making the cases that they should be it is very irritating.\u00a0 Because TABC, especially Assistant Chief Dexter Jones, has been creating more and more positions within SIU, and asking legislature for more funding for SIU, when they could have been using those resources to fill already existing agent positions.\u00a0 Regular enforcement agents can do the same jobs as SIU agents.\u00a0 The only real difference between SIU agents and regular agents is the SIU agents can grow facial hair.\u00a0 Also due to SIU being, for lack of better terms, Dexter\u2019s baby regular enforcement agents are told to reroute any complaints of large scale narcotics or human trafficking to their nearest SIU agents, which for me the nearest SIU agents are seven hours away and anytime we ask for help it never comes.\u00a0 Also any time another agency asks us for help, since we are supposed to be the go to people for anyone with an alcohol problem, we have to tell them sorry we will forward this to our SIU guys and have them contact you.\u00a0 Most of the time when we forward information to SIU they never contact the individuals.\u00a0<\/em><\/div>\n<\/blockquote>\n
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Next I will talk about the ACUP list.\u00a0 I actually can\u2019t remember what the A stands for the CUP stands for Complaint, Unique, and Priority.\u00a0 Basically what the ACUP list is a policy within TABC that says enforcement agents are not allowed to go into a location that sells alcohol unless there is a complaint on the location, it is on the unique list, or a priority list.\u00a0 The unique list is a list of locations that haven\u2019t been inspected in a year.\u00a0 And the priority list is a list of locations that have open complaints or locations that have had administrative cases made against them for violating the Alcoholic Beverage Code.\u00a0 This policy directly contradicts state law that states any commissioned peace officer can conduct an inspection on a licensed location 24\/7.\u00a0 What this has caused in the past is agents going into the bars over and over.\u00a0 There was an incident where I and agents I work with were accused by a permitee, bar owner, of targeting them, because we made multiple inspections and conducted multiple undercover operations in the location.\u00a0 We tried to explain that we have to make inspections and conducted undercover operations on locations that are the ACUP list.\u00a0 This would not be a real big issue if agents weren\u2019t required to have a certain number of inspections per week.\u00a0 Another issue that this causes is when peace officers from other agencies asked for our assistance.\u00a0 Anytime an officer asks for help we have to tell them about the ACUP list and there have been multiple times that by the time an officer makes a formal complaint on a location, the problem could have been prevented by a random inspection.\u00a0 Most of the time local law enforcement is not able to dedicate time to problem bars due to having to answer calls, man power issues, etc.\u00a0 If enforcement agents could make inspections according to the law a lot problems could be solved before they form.<\/em><\/div>\n<\/blockquote>\n
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Another issue with TABC is, despite being peace officers, agent have to be very careful when enforcing criminal law.\u00a0 Ever since the infamous Rainbow Lounge incident<\/a> there have been vast amounts of times where something will happen where I can see it and I can\u2019t do anything about it, because it is possible I could face repercussions from Austin.\u00a0 I had a captain, after the Rainbow Lounge, tell me and other agents to \u201csit on our hands\u201d and only work 8 to 5 and not to \u201cget into anything\u201d.\u00a0 This attitude can be summed up by a statement made by Dexter Jones, he stated \u201cAgents are regulators first, and police officers second\u201d.\u00a0 There have been multiple times were agents would enforce criminal law, and a pencil pusher in Austin would ask \u201cwhy were you there\u201d.\u00a0 There have been multiple times, more than I could begin to count, where I\u2019ll be driving down the road and I see a driver violate the traffic law, nearly causing a wreck, but I can\u2019t pull the person over due to policy stating that for me to make a traffic stop that there has to be an ongoing danger to public safety.\u00a0 This has also caused issues with subjects that are publicly intoxicated.\u00a0 Whenever we find someone that is intoxicated in a location we are to wait until a ride for the subject can be found.\u00a0 I\u2019m all for helping someone out, but it becomes an issue when we have to standby for long periods of time, which causes the officer safety to go down.\u00a0 I have been told that even when we do find subjects a ride they will return to the bar after we leave or go somewhere else and continue to get intoxicated.\u00a0 I don\u2019t like putting people in jail but I\u2019d rather put someone in jail for Class C PI instead of them getting a DWI or killing another motorist, but due to orders out of Austin a lot of times we have to let people go.\u00a0 TABC claims to be all about public safety, but when it comes to enforcing criminal laws related to public safety not so much.<\/em><\/div>\n<\/blockquote>\n
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Another issue with TABC is a policy that states an agent cannot have any ties to the alcohol industry, for example an agents spouse is not allowed to work at a grocery store that sells alcohol.\u00a0 I can understand that the reason for this policy is so no favoritism will be displayed to certain locations.\u00a0 My problem with this is the Chairman of the Commission, Jose Cuevas, owns several restaurants that sale alcohol.\u00a0 It seems hypocritical to me, but I\u2019m just an agent.\u00a0 Is it ok for him because he\u2019s politically connected?\u00a0 I never have gotten that answered and I don\u2019t dare ask.\u00a0 Speaking of Cuevas, his restaurants had been caught violating the Alcoholic Beverage Code.\u00a0 Due to agents doing their jobs Cuevas, not that he\u2019ll admit it, now holds a grudge against the enforcement and auditing divisions.\u00a0 My question is how someone who not only owns locations that sell alcohol, but said locations have violated the code, is on the board of commissioners for the state agency that is charged with enforcing the liquor laws of the state.<\/em><\/div>\n<\/blockquote>\n
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Lastly and possibly the biggest issue with TABC is the upper echelon simply does not care about \u201clowly field agents\u201d.\u00a0 Agents within TABC have to walk on egg shells whenever someone from HQ makes a visit to their office.\u00a0 I remember an incident that happened with Sherry Cook.\u00a0 During a large district meeting Sherry, along with Chief Robert Saenz, told agents that they could ask any question that they wanted without any repercussions.\u00a0 An agent asked \u201cDue to the ACUP policy I am only going into about six locations multiple times during a week to get my inspection numbers required every week.\u00a0 Why can\u2019t we conduct inspections according to the state law\u201d?\u00a0 The response he was given from Sherry Cook was \u201cWell we are not here to bounce anybody\u2019s dance\u201d.\u00a0 The agent replied by asking \u201chow are we bouncing dances by making inspections that the law says we can\u201d?\u00a0 At that time Saenz interrupted and told everyone to take a break.\u00a0 During the break Saenz told the Lt of the agent to \u201creel in your guys or I will fire all of you\u201d.\u00a0 This attitude at the top has caused agent morale to hit rock bottom.\u00a0 I also know that everything that I am saying in this email will be denied by the people in HQ.\u00a0 Agents have no faith in the administration.\u00a0 The top administration in TABC will smile and shake your hand with their right hand, while stabbing you in the back with their left. \u00a0I know that if my name were to get out in relation to this email I would immediately be fired.\u00a0 I also fear that the agents that I work with would also be terminated.\u00a0 I also remember being told that someone within TABC wanted to come up with a program for families of agents killed on duty.\u00a0 I was told that Sherry asked the person \u201cwhy do we need something like that\u201d.<\/em><\/div>\n<\/blockquote>\n
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I figured after over 50 years of being around TABC and seeing it go from one of the most respected agencies in the State of Texas to the laughing stock of Texas Law Enforcement that it was time to speak up, and let people know what is going in.\u00a0 It is our job to make sure that anyone selling alcohol is doing it responsibly, but we are being limited so heavily by our own headquarters, who are more concerned with being politically correct.\u00a0 Not too long ago I had another peace officer from another agency tell me \u201cyou guys aren\u2019t even f-ing cops anymore\u201d.\u00a0 I feel sorry for future agents who will have to put up with this their whole career.\u00a0 If something does not change soon I am afraid the attitude of the powers that be in Austin will cause agents to be hurt, or even be killed, while on duty.<\/em><\/div>\n<\/blockquote>\n
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I hope that you can help.<\/em><\/div>\n<\/blockquote>\n
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So do I. \u00a0Keep sending those tips, and I’ll do my best.<\/div>\n

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