Austin American-Statesman

Speak up; don’t let Austin City Council gut important ethics law

- Special Contributo­r ELOISE SUTHERLAND, AUSTIN

The Austin City Council votes Thursday on whether to eviscerate one of Austin’s most important ethics and conflicts-of-interest laws. This law requires that at least two-thirds of the Planning Commission members, who are appointed by the mayor and council, to be “lay members not connected directly or indirectly to real estate and land developmen­t.” It was approved as an amendment to the City Charter by more than two-thirds of Austin’s voters in 1994 — and it is intended to ensure special interests don’t dominate the Planning Commission.

The Planning Commission is important because it reviews and make recommenda­tions to the City Council on all zoning changes and developmen­t projects. These recommenda­tions have a huge influence on developmen­t decisions that impact every Austinite, such as whether a bar is allowed in a neighborho­od; a large project is required to reduce its traffic impact; or a project is modified to decrease the risk of flooding to surroundin­g businesses and residences.

The Charter Amendment’s purpose is clear: to ensure a supermajor­ity of Planning Commission­ers that are free of potential developmen­t special interest conflicts and industry bias. It serves as a preventive ethics law: It protects against conflicts of interest by limiting developer-connected commission­ers to no more than one-third of the commission. It does not require Austin residents to show, which is difficult, that individual commission­ers have a conflict or bias on a particular regulation or project.

The City Council, however, initially ignored the charter amendment — and now it seeks to change its meaning without voter approval. Since the fall of 2015, the council has known that most of the 13-member Planning Commission — and all four of the commission’s officers — have been connected directly or indirectly to developmen­t. Today, four commission­ers are architects; two are developmen­t engineers; and one is a homebuilde­r. The law only allows four such commission­ers. For 2½ years, the council has failed to remedy this charter violation.

The City Council and staff have had several different rationaliz­ations. First, they maintained that council members could decide for themselves what the charter provision meant. But allowing each council member to decide what a law means undermines the purpose of a law: a constant, standardiz­ed rule.

Then, they argued that the current commission is legal because architects are lay people — nonprofess­ionals — not connected directly or indirectly to land developmen­t. Architects, though, are licensed profession­als and, at a minimum, are indirectly connected to developmen­t. Architects are an integral part of land developmen­t, from designing, permitting, planning and constructi­on oversight of projects. There would be no land developmen­t without architects.

Now, this week some council members seek by resolution to reinterpre­t the charter provision, so that there can continue to be a commission dominated by developmen­t-connected members. The resolution essentiall­y eliminates the charter provision’s words “lay members” and “indirectly connected,” allowing architects and engineers to serve on the commission. Most commission­ers would be able to serve with potential developmen­t-industry bias and special-interest conflicts — contrary to the voter-approved charter amendment’s purpose.

Please call the mayor and City Council and tell them to vote against the resolution­s — and not to allow developmen­t conflicts and bias to continue to dominate the Planning Commission. If council members want to change this charter provision, they are required by law to submit a charter amendment to the voters for their approval — not rewrite it by resolution. I suspect Austin voters are no keener today than in 1994 on allowing the Planning Commission to be dominated by special interests with conflicts of interests.

Just watched “War for the Planet of the Apes.” Must say I was rooting for the apes. They offered peace. Of course, the humans declined. It was a Hollywood movie, but so much like true life.

How many species will we wipe out until there are none

Re: April 21 commentary, “Make strangers have value in your world.”

Simone Talma Flowers asks, “What is a life worth?” and “How do we extend our love to others so that we care and value their lives?”

More than 5 million children younger than 5 die each year mostly from treatable causes like pneumonia and diarrhea, according to the U.N. Inter-agency Group for Child Mortality. We can show that we value these children’s lives by urging our members of Congress to co-sponsor the Reach Every Mother and Child Act of 2017.

Eleven Texas representa­tives — including Michael McCaul and Lamar Smith — have already signed the bill. The other representa­tives from Texas and our senators need to show that they value these children’s lives and the lives of the 303,000 women dying each year of pregnancy-related causes, as estimated by the World Health Organizati­on in 2015.

We can end unnecessar­y deaths of mothers and children globally. Please e-mail your member and our senators.

 ?? DOUG MILLS / THE NEW YORK TIMES ?? A reader writes: “Though we Hooligans may be inept ... we have never sunk so low as to engender comparison to the nightmare that is the present administra­tion.”
DOUG MILLS / THE NEW YORK TIMES A reader writes: “Though we Hooligans may be inept ... we have never sunk so low as to engender comparison to the nightmare that is the present administra­tion.”

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