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Court halts $354 million development subsidy

A Travis County court issued a ruling to halt the use of future property taxes to subsidize luxury development of 118 acres of land within the South Center Waterfront District.District Judge Jessica Mangrum last Friday issued a Summary Judgment...

Austin City Manager: Dallas discard vs Austin retread

Council members make policy. The city manager’s job is to implement those policies. A great city manager can get that done and keep the ship of state sailing smoothly. A good city manager can get most assignments done and avoid...

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Council Sets Charter Election Date

Posted Thursday, November 3, 2011 1:40pm
Council Confirms November 2012
Election Date for Charter Amendments


Resolution Ensures Citizens Initiative
Won’t Force May 2012 Charter Election


by Ken Martin
© The Austin Bulldog 2011

Laura Morrison“It’s a kumbaya moment to celebrate,” Council Member Laura Morrison told The Austin Bulldog shortly before a press conference this morning at City Hall. “Usually we just talk about things we disagree on.”

Morrison, Mayor Pro Tem Sheryl Cole, and Council Member Mike Martinez sponsored a council resolution on today’s agenda to confirm that the council intends to hold an election to amend the Austin City Charter in November 2012.

That assurance was sought by Austinites for Geographic Representation, which since late February has been building a broad citizens coalition to initiate a petition drive for a charter change that would establish a nonpartisan Independent Citizen Redistricting Commission that would draw 10 council districts that the Austin City Council would have no choice but to adopt. The group’s plan calls for only the mayor to continue being elected at-large. The petition drive launched with a rally October 22 that drew about a hundred people.

Striking an agreement on the charter election date was essential. If the petition drive were to trigger a May 2012 charter election, the City Council would have been forced to either put its own charter amendments on the May ballot, or be frozen out for two years if the citizens initiative got voter approval. Article XI, Section 5 of the Texas Constitution states that “no city charter shall be altered, amended or repealed oftener than every two years.”

The press conference was attended by Morrison and Cole, as well as NAACP Austin President Nelson Linder and Austinites for Geographic Representation members Roger Borgelt, Charlie Jackson, and Daniel Llanes.

Sheryl ColeIn separately answering The Austin Bulldog’s question, both Morrison and Cole said that sponsoring the resolution for a November 2012 charter election was designed to reassure the citizens group and should not be viewed as an endorsement of the plan being pushed by Austinites for Geographic Representation. “I’m waiting to see what the Charter Revision Committee recommends,” Cole said.

NAACP Austin President Linder, a member of the 2012 Charter Revision Committee that is studying what form of geographic representation to recommend to the City Council, told The Austin Bulldog he favors the citizens initiative. “I think it’s the best plan out there,” he said.

The need for geographic representationwas laid bare by maps constructed by The Austin Bulldog and published August 4 that pinpoint the residential location of every mayor and council member elected over the last four decades.The unalterable fact that emerges is that large parts of Austin are not represented—or are grossly underrepresented—because of the at-large system of elections established by the Austin City Charter.

Seven charter recommendations, so far

Corralling board and commission e-mails

Posted Thursday, October 27, 2011 7:03pm
City of Austin Moving, Slowly, Toward Greater
Transparency in Electronic Communication

New System for Board and Commission
Members Targeted for First Quarter 2012


By Ken Martin
© The Austin Bulldog 2011

Maybe you're a neighborhood resident trying to figure out what developers are telling board and commission members outside open meetings via e-mail. Or perhaps you’re a developer trying to figure out what the neighborhood representatives are saying about your project in e-mails to board and commission members. If so, you would like to think you can get those e-mails by filing an open records request.

Maybe you can, maybe not.

While many of the boards and commissions are only advisory and perform due diligence to assist the City Council’s decision-making, 15 of them are “sovereign” bodies that can take an official government action, such as issuing a permit or granting a variance, even if that action can be appealed

Some sovereign boards have the power to issue subpoenas and compel testimony. Decisions made by many of the sovereign bodies can be appealed to the City Council, while decisions made by some sovereign boards and commissions may only be appealed through the courts, according to City Code Chapter 2-1.

At present, the city’s web pages for boards and commissions lists each appointed member’s personal e-mail address. The city is therefore actively encouraging communication about city business through a system that may not be fully responsive to open records requests filed under the Texas Public Information Act.

Shirley GentryThe City Council directed the City Clerk to make recommendations about how to correct this situation as part of an April 7 resolution. City Clerk Shirley Gentry responded in a May 16 e-mail with three options and recommended one of them. The council has not acted on that information.

Gentry and the city’s Communications and Technology Management staff have continued to refine the earlier recommendations. On Tuesday, Gentry and Teri Pennington, deputy chief information officer for Communications and Technology Management, briefed the city council’s Audit and Finance Committee members in a meeting at City Hall.

Committee Chair Mayor Pro Tem Sheryl Cole and Council Members Laura Morrison, Bill Spelman and Kathie Tovo were present and participated in the briefing.

If approved by the City Council when final recommendations are made, when implemented in the first quarter of 2012 as projected, the proposed system would assign city e-mail addresses to the 350 citizen volunteers who are appointed by the city council to serve on the city’s 55 boards and commissions.

The new system is designed to ensure that the city could find and provide e-mail messages that are responsive to open records requests, as required by the Texas Public Information Act.

The new system also envisions using technological methods that would prevent board and commission members from inadvertently violating the Texas Open Meetings Act by engaging in a discussion of city business among a quorum of members.

The planned system would enable anyone wishing to communicate with board or commission members about city business to send e-mails via the Internet to all members of a board or commission or to individual members. It would work the same way that e-mails may be sent to the entire City Council or to individual members via the city’s website at http://www.ci.austin.tx.us/site/city_hall_portal.htm.

Board and commission members would be licensed to use Microsoft’s Outlook Web App to access these messages via the Internet by logging in and using their personal communications devices, Pennington said. To see an illustration showing how this system would function, click here.

Gentry said the system would allow replies to be sent only to the sender and would prevent replying in such a manner that other board or commission members are brought into the dialogue. 

All e-mails sent or received using this system would be captured on city servers. “If there was a public information request, we could just pull the e-mails out like we normally do," Pennington told the committee.

Required to stop using personal accounts

Grass-roots democracy pushing petition

Posted Tuesday, October 18, 2011 9am
Coalition Launching Petition Drive to
Get on Ballot for May 2012 Election

Austinites for Geographic Representation
Needs 20,000 Signatures by Mid-January

by Ken Martin
© The Austin Bulldog 2011

What we want? Council districts!

When do we want them? Now!

How will we get them? Petition!

When do we start? Now!

Such might be the chants of members of Austinites for Geographic Representation if they were to take to the streets like the protestors of Occupy Wall Street and Occupy Austin.

But you won’t be hearing chants from the members of this grass-roots citizens initiative to get on the ballot a proposition to establish a nonpartisan Independent Citizen Redistricting Commission that would draw 10 council districts that the Austin City Council would have no choice but to adopt. The group’s plan calls for only the mayor to continue being elected at-large.

Austin is the most populous city in the United States to elect its entire city council at-large, and the only major metropolitan city in Texas to do so, according to a report produced last month by City Demographer Ryan Robinson. Austin voters, however, have voted down propositions for some form of council districts six times between 1973 and 2002.

Austinites for Geographic Representation has scheduled a press conference for noon tomorrow at City Hall and a campaign kickoff rally 3-5pm Saturday at Mexitas Restaurant, 1109 N. I-35. The group has leased an office at 7901 Cameron Road and formed a Specific Purpose Political Action Committee whose treasurer, Stacy Suits, ran two unsuccessful campaigns for geographic representation in 1985 and 1988.

Linda CurtisThe petition drive is being organized by Linda Curtis of ChangeAustin.org. Curtis has previously led four successful petition drives to get measures before Austin voters. This petition campaign is not employing paid signature gatherers but instead has formed a broad coalition of community organizations that will actively circulate petitions. This initiative has been endorsed by a number of organizations including ChangeAustin.org, Del Valle Community Coalition, El Concilio, Gray Panthers of Austin, LULAC District 7, LULAC District 12, NAACP Austin, Texans for Accountable Government, Travis County Green Party, and University of Texas at Austin Student Government.The League of Women Voters Austin Area is meeting tonight to consider endorsing the initiative, said chapter president Stewart Snider. The Austin Neighborhoods Council may consider an endorsement at its October 26 meeting. (To see a complete list of organizations and individuals endorsing this initiative, click here.) The petition drive has a Facebook page and will soon publish petition forms online.

The petition drive, if successful, would force the city council to put its own proposed charter amendmentson the May ballot as well.Article XI, Section 5 of the Texas Constitution states that “no city charter shall be altered, amended or repealed oftener than every two years.” To prepare for that possibility, the 2012 Charter Revision Committee has a January 31 deadline to submit its recommendations for council consideration. 

Charter committee backs seven changes

Council election date to be set Friday

Posted October 4, 2011 6:54pm
Broad Community Interest Focusing on
How Mayor and Council Members Elected

Community Coalition, Austin Neighborhoods Council
and Charter Revision Committee All Working on Issues


by Ken Martin
© The Austin Bulldog 2011

There's a showdown coming in a Austin City Council meeting scheduled for Thursday and a special-called council meeting on Friday.

The result will decide whether the next election for a mayor and three council members will be held in May or November 2012. Both options are on the table as the sole items posted for action in the Friday meeting scheduled to begin at 1:30pm.

Council proponents of the May 2012 election were ready to vote on second reading at today’s work session and third and final reading at Thursday’s regular meeting.

But discussion today reminded council members that the rules they adopted March 2 preclude taking action during a work session. That triggered the posting of a special-called meeting on Friday.

Assuming none of the four council members who previously voted for a May 12 council election changes their position (Sheryl Cole, Laura Morrison, Bill Spelman and Kathie Tovo), the Friday meeting will give final approval for that date.

An item on Thursday’s council agenda would authorize $500,464 for Travis County to purchase electronic voting machines to support the May election.

Mayor Lee Leffingwell asked County Clerk Dana DeBeauvoir and City Clerk Shirley Gentry to provide the council with the total estimated cost to be incurred in holding a May 2012 election. He noted that whatever that cost is, it will be in addition to the cost of a November 2012 election that is likely to be held to vote on other matters.

While the next election for a mayor and three council members may be seven months away, a host of factors affecting the outcome of that election are very much in play, including a possible petition drive for a charter amendment to change the way council members are elected. 

Petition could force May charter election

What do council members do all day?

Posted Tuesday, September 20, 2011 10:00 am
Council Members Don’t Punch the Clock
But Their Calendars Tell Citizens a Lot

Or Not, in the Case of Council Member
Martinez, Who Redacts Hundreds of Entries

by Ken Martin
© The Austin Bulldog 2011

The 2011 Austin City Council: (L-R) Mayor Lee Leffingwell and Council Members Laura Morrison, Chris Riley, Bill Spelman, Mike Martinez, Sheryl Cole, Kathie Tovo

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Elected officials do a variety of things to carry out their official duties but more than anything else they go to meetings—lots and lots of meetings.

They attend City Council meetings. City committee meetings. Meetings with city staff. Meetings with lobbyists. Meetings with citizens. Meetings with journalists. Meetings of other government agencies where individual council members represent the City of Austin, like Capital Metro, Capital Area Metropolitan Planning Organization, Clean Air Coalition, and Capital Area Council of Governments.

The mayor and all Austin City Council members except Kathie Tovo, who took office in late June, have also been involved in a number of meetings critical to their political futures, dealing with the Travis County Attorney David Escamilla’s ongoing investigation of possible open meetings violations.

These and other events are self-reported in the official calendars maintained by their council offices and, as such, are public records.

When The Austin Bulldog broke the January 25 story about Austin City Council members possibly violating the Texas Open Meetings Act, that investigative report was based, in part, on the calendars published on the city website by four council members.

Those calendars documented the fact that the mayor and each council member participated in hundreds of private meetings in calendar year 2010 to deliberate city business. The calendars showed that that a regularly scheduled series of meetings were held with each other in days preceding posted council meetings.

Today, only two council members publish their official calendars online: Laura Morrison and Bill Spelman. Council Member Randi Shade was defeated in the June 18 runoff election by Kathie Tovo. Council Member Chris Riley—who participated in 256 private meetings with other council members in 2010, as The Austin Bulldog reported January 30—no longer updates his calendar online.

There is no legal requirement for elected officials to publish their calendars online. Doing so provides a high degree of transparency and accountability.

What’s in the calendars?

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