City of Austin

by Ken Martin
© The Austin Bulldog 2011

Three Austin taxpayers filed a lawsuit today to stop State Comptroller Susan Combs from paying state tax money to the promoters of Formula One racing in Austin.

The lawsuit filed in state district court may affect the Austin City Council's action scheduled for tomorrow to enact ordinances that would otherwise enable the comptroller to make the payments.

Race promoters have publicly stated that the comptroller’s payment must be made in July for the race to take place.

Combs jumped on the opportunity for the race before consulting with the City of Austin or Travis County. In fact, Combs issued a letter to Formula One World Championships Limited on May 10, 2010, to certify that, “With the understanding that the first Formula 1 United States Grand Prix will be held in Texas in 2012, full funding of the entire sanction (fee) for 2012 will be paid to Formula One World Championship Limited (FOWC) no later than July 31, 2011. In subsequent years, two through 10, of the race promotion contract, i.e., 2013 through 2021, we will be sending $25 million to FOWC by the end of July 31 of each year preceding the actual race event.”

As a result of the comptroller’s early commitment, and the extreme lateness in approaching the City of Austin to sign on as the sponsoring municipality, the city is under the gun to approve contracts and is scheduled to consider doing so at tomorrow’s council meeting. The economic study that projects tax revenue to be derived from the race was not delivered until late Monday.

City Council Members Chris Riley and Randi Shade may have violated the Austin City Code by not reporting the financial activity of their domestic partners.

Many financial statements filed by the mayor and other council members are incomplete or erroneous, and one annual statement is missing.

Perhaps a larger problem is that neither these elected officials (with some exceptions) nor the city staff is paying sufficient attention to ensure that these important statements are accurately prepared to fully comply with state law and the City Code. The penalties that apply to the more serious violations are not being enforced. And citizens are kept in the dark because few are aware these documents exist or where to find them.

These problems were discovered during The Austin Bulldog’s broader investigation aimed at bringing greater transparency to city government by giving citizens the tools to monitor the conduct of their elected officials.

Do Austin’s mayor and council members have conflicts of interest in the decisions they make? How would you ever know?

Aside from the fact that these officials are required to withdraw from even discussing something in which they have a substantial interest, the public is entitled to be informed of their financial interests so they can observe and monitor how these officials conduct themselves.

System lacks transparency

Spirits were high on May 2, 1996, when Nancy Kaufman, regional director of the U.S. Fish and Wildlife Service, signed the permit at 10:24am, the stamp of approval obtained through the Balcones Canyonlands Conservation Plan (BCCP). The plan called for the creation of a preserve system (the Balcones Canyonlands Preserve or BCP) to protect endangered and at-risk species. The overcast morning cooled temperatures and saved a lot of sweat for those who attended the invitation-only celebration, including Interior Secretary Bruce Babbitt, former U.S. Representative J.J. “Jake” Pickle, and other dignitaries.

Holding the permit aloft after signing it, Kaufman said, “It looks like it’s made out of paper but it’s really made out of blood, sweat and tears.”

That was not an exaggeration, considering the plan was eight years in the making. From 1988 through 1996, concerned citizens, business leaders, landowners, developers, environmental groups, scientists and the Fish and Wildlife Service collaborated to create a Habitat Conservation Plan that allowed the permit to be issued under the Endangered Species Act.

We were bussed in that morning amid tight security that blocked access by the protesters, who had massed outside the gate to Reicher Ranch on Ranch Road 620. Inside, we stood amid the junipers and watched turkey vultures coasting lazily on the currents overhead. Remarks were purposely kept short so that all in attendance would have time to sign the registry that would stand as testimony to this unique achievement, which Babbitt called, “the very first place in the United States we have produced an urban conservation plan.”

Kerry Tate, chair of the Greater Austin Chamber of Commerce said, “In developer’s terms, we could shout, ‘Done deal.’”

But Babbitt issued a warning: “I recognize this as the end of the beginning, not the beginning of the end. We’ve got a long way to go.”

The irony of this project being ramrodded by Babbitt, who said he was drawn to the challenge of working on the Endangered Species Act for President Bill Clinton, is that around here Babbitt wasn't exactly thought of as a friend of the environment. As I later wrote in the July 2002 edition of The Good Life magazine, in a story titled “The Life and Death of Barton Springs,” it took two federal lawsuits filed by the Save Our Springs Alliance to force Babbitt to finally declare the Barton Springs Salamander an endangered species in 1997.

But then, theBalcones Canyonlands Conservation Plan was not simply about the environment. It gave landowners who wanted to develop or otherwise alter habitat for endangered species that’s outside the preserve boundaries an alternative to seeking an individual permit from the Fish and Wildlife Service (FWS). The FWS permitting process requires development of an individual habitat conservation plan tailored to the project and may require additional habitat to be set aside.

The Balcones Canyonlands Conservation Plan offered landowners a faster process administered by Travis County in which they could buy participation certificates to allow development in habitat located outside the preserve.

On May 13, 2011, fifteen years after the BCCP permit was signed, there were no protesters at the gate and precious little cloud cover to ward off the heat, but the spirit of the event was again one of celebration.

Bad press, mea culpas