Austin Planning Commission member defends role as Attorney General seeks ouster
A member of the Austin Planning Commission targeted by Texas Attorney General Ken Paxton for removal has defended his role on the commission, saying his job at a non-profit should not be considered the same as having a for-profit developer on the commission.
Attorney General Ken Paxton last week obtained approval from a state district court in Travis County to proceed with a lawsuit asking for the removal of eight of the commission’s 13 members, saying they “unlawfully hold positions” because of ties to Austin’s real estate business.
The city’s charter requires that at least two-thirds of the commission be lay members who are “not directly or indirectly connected with real estate and land development.” This provision of the charter dates to 1994 when voters passed an amendment to limit the influence of real estate developers in city government.
Greg Anderson is both a planning commission member and director of community affairs at Austin Habitat for Humanity. He told Austin Bureau, “The State is positioning my current role at Austin Habitat for Humanity as a reason to remove me from the Planning Commission. It’s being likened to me working for a for-profit developer, which simply isn’t the case.”
“Austin Habitat is much, much more than a developer. We’re a non-profit who also runs financial counseling, home repair programs and a donation-based retail outlet for low-income clients who income qualify for our programs,” added Anderson. “My work there is solely my own to the point that I recuse myself any time there is an Austin Habitat item up for consideration.”
Jimmy Flannigan, the city council member who appointed Anderson to the commission, defended him too, saying, “Greg Anderson brings a wealth of knowledge and experience to the Planning Commission from his time working for former Mayor Pro Tem and future State Representative Sheryl Cole to his current role at non-profit Habitat for Humanity where he works to address housing affordability. His passion, expertise, and courage to challenge the status quo is a perfect combination to represent the people of District 6.”
For his part, Attorney General Ken Paxton says it is “shameful that the city of Austin ignores the will of voters and its own city charter, allowing the planning commission to be controlled by eight real estate professionals who unlawfully hold seats on the board.”
“It’s shameful that the city of Austin ignores the will of voters and its own city charter,” the attorney general said on announcing his suit. In a court filing, known as a quo warranto petition, Paxton warned that the office-holders face not only removal but also fines and court costs.
The group targeted by Paxton includes four architects, two land use engineers, Anderson, and a lawyer with the Travis County attorney’s office who specializes in real estate law. Tom Nuckols, the lawyer, has resigned from the planning commission since the lawsuit was announced, though he said it had nothing to do with the lawsuit, according to a source informed of the matter.
Paxton’s suit is the latest in a series of rebukes that state officials have handed down to limit the reach of Austin’s Democrat-controlled city government. It could have far-reaching consequences for the city because of the commission’s involvement in an ongoing rewrite of the city’s land-use code, a project known as CodeNext.
Opponents of CodeNext were involved in lobbying Paxton’s office to undertake the suit. They have also gathered signatures for a petition to add a question on CodeNext to the November ballot, a move that City Council has blocked. Last week the petitioners appeared in Travis County Court seeking to force the ballot measure. The judge has promised to rule before an August 20 deadline, the latest date that the question could be added to the ballot.
