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Austin's Open Government Online Charter Amendment
- The City must, as expeditiously as possible and to the greatest extent practical, make all public information available online in real time and accessible to the public.
- OPEN ACCESS TO CITY BUSINESS
- Within one year of the date this Amendment takes effect, applications and proposals for any permit or contract of significant value must be provided to the City in an electronic format.
- The City must maintain a system for electronic notification (such as email lists) to interested persons of any event or new information relating to the matter.
- All written communications between the City and the applicant relating to the matter must be posted online in real time in a manner searchable by the public.
- OPEN ACCESS TO CITY CALENDARS
- For all matters involving City business, the following people must maintain calendars of all meetings and maintain logs of all telephone calls: (a) City Councilmembers and their staff; (b) City Manager and his or her staff; (c) Assistant City Managers and their staff; and (d) all department heads.
- Calendars and logs must be posted online in real time and be accessible to the public.
- This provision must be implemented within six months of approval of this amendment.
- OPEN ACCESS TO CITY ELECTRONIC COMMUNICATIONS
- In order to better preserve written electronic communication for public disclosure, the City must establish a system that automatically archives all incoming and outgoing electronic communication that deals with City business to and from the following people in their official capacity: (a) City Councilmembers and their staff; (b) City Manager and his or her staff; (c) Assistant City Managers and their staff; and (d) all department heads.
- The above people are prohibited from discussing City business via any form of written electronic communication, such as a private email account, that is outside of the City’s automatic archiving system.
- OPEN ACCESS TO CITY FUNCTIONS
- All public information that has previously been released to someone making a public information request and which, because of the nature of the subject matter, the City determines is or is likely to become the subject of a subsequent public information request for substantially the same information
- EFFECTIVE ACCESS TO INFORMATION
- The City must create and maintain online tables of contents and indexes to enable the general public to easily find and access online City documents and public information. Information must be searchable, and be able to be located by author/submitter, individual recipient, date, and subject matter.
- Jabber - This will be the core transport piece and the legacy application data connector. Jabber is essentially an XML router and can act as the "bridge" from older client/server applications to the charter mandated goals.
- Zimbra - This is the email/calendaring piece. At its heart, it's an XML processing engine.
- Zope/Plone - This provides the public presentation framework as well as the internal data workflow paths for data classification and dissemination.
- OpenOffice.org - This would be the city's standard productivity application for creating/editing data. All data would be stored in OpenDocument format which is basically a zipped XML file (well, actually, it's 3 files zipped into one). All citizen correspondence with the city would also be in OpenDocument format.
- OPEN ACCESS TO CITY BUSINESS
- Within one year of the date this Amendment takes effect, applications and proposals for any permit or contract of significant value must be provided to the City in an electronic format.
- The City must maintain a system for electronic notification (such as email lists) to interested persons of any event or new information relating to the matter.
- All written communications between the City and the applicant relating to the matter must be posted online in real time in a manner searchable by the public.
- OPEN ACCESS TO CITY CALENDARS
- For all matters involving City business, the following people must maintain calendars of all meetings and maintain logs of all telephone calls: (a) City Councilmembers and their staff; (b) City Manager and his or her staff; (c) Assistant City Managers and their staff; and (d) all department heads.
- Calendars and logs must be posted online in real time and be accessible to the public.
- This provision must be implemented within six months of approval of this amendment.
- OPEN ACCESS TO CITY ELECTRONIC COMMUNICATIONS
- In order to better preserve written electronic communication for public disclosure, the City must establish a system that automatically archives all incoming and outgoing electronic communication that deals with City business to and from the following people in their official capacity: (a) City Councilmembers and their staff; (b) City Manager and his or her staff; (c) Assistant City Managers and their staff; and (d) all department heads.
- The above people are prohibited from discussing City business via any form of written electronic communication, such as a private email account, that is outside of the City’s automatic archiving system.
- OPEN ACCESS TO CITY FUNCTIONS
- All public information that has previously been released to someone making a public information request and which, because of the nature of the subject matter, the City determines is or is likely to become the subject of a subsequent public information request for substantially the same information
- EFFECTIVE ACCESS TO INFORMATION
- The City must create and maintain online tables of contents and indexes to enable the general public to easily find and access online City documents and public information. Information must be searchable, and be able to be located by author/submitter, individual recipient, date, and subject matter.
- Cost - There would be a hefty upfront cost for hardware and existing data conversion. The current official estimate is $24 million one-time cost and $11 million ongoing. Without getting into the specifics of cost, I feel the official costs might be slightly high as I think there could be some savings in one-time consulting fees, software licensing costs and ongoing staffing (possibly as much as $6mil in the one-time category). But the costs to implement a system like this would be high, make no mistake about it. This nut can't be cracked cheaply. One thing that I'd like to bring up which isn't specifically called for in the Charter amendment is data conversion costs to the OpenDocument format. Although the Charter amendment does not call for all city data to be accessible online, I would like to mention that it would be time and money well-spent. Although I couldn't find an "official" conversion efficiency rate for Microsoft Office to OpenDocument, I have found numerous articles (here's one) hinting the conversion rates are quite high. My own testing of the few hundred Microsoft formatted documents on my hard drive showed about a 90% conversion rate (by that I mean 9 out of 10 did not complain about conversion and the docs I opened up looked formatted correctly). So working on the assumption there is an effective 85% conversion rate, if the city has 2.5 million documents, that leaves 375,000 documents that would need some form of "hand-holding" to convert. If one employee can convert 20 documents a day, they would get through the problem documents in 51.37 years. To bring this down into the timeframe required by the Charter amendment (just for argument's sake: 1 year), the city would contract close to 50 people for document conversion (50 x $35,000/yr for a temp = $1.75 million). To me, this is a relative bargain as the city would have the bulk of it's data in a non-proprietary, easily convertible and manipulative format. Now, there are much better people than I to figure out total costs for a plan like this (and I would love to work with someone on this, just email me) but suffice to say, the city's official $24mil estimate would be sufficient to cover the costs of this plan. The city's official cost estimate provides for new positions (which would be needed for more python programmers, etc) so I think the cost estimate is a good attempt to "herd cats" but could be just a bit high. The silver lining is that the city should be able to recoup some (not all) of the one-time costs over the long-term with the savings of having the data in machine manipulative formats, an efficient and defined data workflow path (enhancing employee productivity) and the ongoing savings in license fees for the proprietary software replacements.
- Momentum - By that I mean that getting any large organization to change takes time. There are sure to be groups/departments/managers that are hostile to these types of ideas. But the Charter amendment demands specific goals within specific timeframes so this is the best type of pressure for a government agency (external pressure is always the most efficient). Having worked in government for the bulk of my career, I can make a safe assumption that a plan this agressive will meet with much resistance internally. It may very well take upwards of the first proposed year just to convince the parties targetted by this amendment to agree to the changes of workflow. But with public pressure and hopefully, media coverage, a change like this can be successful.
- Category(s)
- Government
- Open Source
- Proposals
- Austin
- Open Government
- Development
More technical discussion of Austin's Open Government Online Initiative
City LanguageFirst, let me say that there are those that feel the ballot language is not an accurate portrayal of the amendment's goals. I won't comment publicly my thoughts on the language at this time but I will address the technical concerns of the ballot language in the proposed system.
Shall the city charter be amended:
- to require that all private citizens emails to any public official be placed on the city website in real time, including emails or electronic communications between private citizens and public officials in all City departments, including the library department, police department, city health clinics and city departments handling utility bills and code enforcement, and limit the ability of citizens to keep private the details of these communications;
- to require that the heads of all city departments, including the police department, parks department, library department, all city manager s staff and all city council members and their staff post online in real time information about all meetings and phone calls with private citizens;
- prohibit the city from exercising state law protection for information that could expose the city and taxpayers to greater financial and legal liability and risk;
- to require the city to create at taxpayer expense an online electronic data system for most city communications and documents, which for the most part are already available to the public; and
- to install and permanently operate such a system at an estimated cost of approximately $36 million initially and $12 million annually thereafter if fully implemented, which could require a tax increase equivalent to three cents per $100 valuation or a reduction in city services?
a) to require that all private citizens emails to any public official be placed on the city website in real time, including emails or electronic communications between private citizens and public officials in all City departments, including the library department, police department, city health clinics and city departments handling utility bills and code enforcement, and limit the ability of citizens to keep private the details of these communications;Email is already subject to Open Records requests and state document retention policies so the only difference in this clause from a restatement of current policy is the "real time" bit (which I will address). Further, the amendment does not require breaking any existing federal or state laws in its effort for transparency (i.e- City health clinics, police departments and utilities are bound by federal laws like HIPAA and the USA Patriot act which supercede the City Charter's authority for online posting of information.) Privacy laws (whether federal or state) still supercede any authority the city charter may have (an important concept that seems lost within the context of the current ballot language). The relevant section(s) from the amendment is:
SECTION 2: Privacy Protected. Nothing within this amendment should be interpreted in a manner that would violate an individual’s existing constitutional or common law rights to privacy.and
(C)OPEN ACCESS TO CITY ELECTRONIC COMMUNICATIONSThe amendment merely calls for an archiving system for the above personnel and does not require "real time" capabilities. The city currently follows all state document retention laws which require email archiving for a period of no less than 2 years. As it is correct to legally interpret the language of the amendment as broadly as possible, the current ballot language does not recognize that the ultimate authority of "real time" resides with the city council and not with this amendment. Interpreting the amendment as broadly as possible, it is correct to assume that "real time" posting of email would be a goal if that action was practical (that is the keyword from the amendment). The city council is the determining body of the "practicalness" of any issue that falls outside the explicit conditions set by the amendment. Hence, in this limited example of "real time" email, because it falls outside the explicit condition set by the amendment, it should be referred to council for determination of how practical the idea is (the key clause from the amendment is "expeditiously as possible and to the greatest extent practical,"). If the council found it was practical, it would then be up to the council to determine the action to best fit the situation. Further, the OGO amendment only mentions "real time" in two explicit circumstances; calendars of the city council, city managers, division heads and their staff and written communications between the City and businesses and individuals seeking ecomonic development benefits. Anything outside the scope of the following sections would be referred to council for a practical definition. The amendment *does not* require "real time," online posting of email (even though the press continually miss this point).
(1)In order to better preserve written electronic communication for public disclosure, the City must establish a system that automatically archives all incoming and outgoing electronic communication that deals with City business to and from the following people in their official capacity:
- City Councilmembers and their staff;
- City Manager and his or her staff;
- Assistant City Managers and their staff; and
- all department heads.
SECTION 3: Open Government Online(I like to think of this situation as the city council's "Mars Mission." Even though a manned mission to Mars is possible, it still is not practical and the council could rule for various reasons [the cost is prohibitively expensive; no one is trained for the mission; the chemical rockets are not powerful enough to make it to Mars, the citizens don't want the extra $.03 per $100 valuation tax increase, etc] that the "Mars Mission" would not take place.) The proposed system could meet the goal of "real time" posting of email if required by council at a later date. On email reception, the email is "tagged" with an OGO compliant label (the label is contained within the metadata for that message). Retrieval and display of those messages would be a simple ad-hoc query from the Zope application server to the Zimbra MySQL-based metadata store for the appropriate tag (pseudo-SQL: SELECT msg WHERE msg.tag MATCHES "OGO" AND msg.user MATCHES "Council Member"). Dependent on the tags, messages could also be grouped so a query could pull up not just one member's email messages, but a whole group (psuedo-SQL: SELECT msgs WHERE msg.tag MATCHES "OGO" AND msg.group MATCHES "city council" WHERE msg.date MATCHES "last week"). The nice thing about this approach is that by tagging the messages with metadata as they come in, we can do efficient ad-hoc querying from the Zope server to the message store while utilizing a single data repository. Furthering enhancing system performance, Zope will cache any queries on the Zope server so multiple queries for the same data will not need multiple "trips" to the message store. I am having trouble finding where the council feels that the amendment is " ... limit(ing) the ability of citizens to keep private the details of these communications;". The closest section I can find is the waiver of rights in section 4(B). That section does not deal with the public-at-large though; it only deals with those individuals and businesses that are seeking economic benefits from the city and does not deal with private citizens email. I'm at a loss for where the council found that clause applicable under the "real time" section. The next section from the ballot language:(A)OPEN ACCESS TO CITY BUSINESS(4)All public information concerning the matter subject to Section 3(A)(2) must be posted to the website. All written communications between the City and the applicant relating to the matter must be posted online in real time in a manner searchable by the public.(B)OPEN ACCESS TO CITY CALENDARS(3)Calendars and logs must be posted online in real time and be accessible to the public.
b) to require that the heads of all city departments, including the police department, parks department, library department, all city manager s staff and all city council members and their staff post online in real time information about all meetings and phone calls with private citizens;And the relevant section(s) from the amendment:
(B)OPEN ACCESS TO CITY CALENDARSIn the proposed model, this requirement is already addressed in the current product line. Zimbra has partnered with another open source product, Asterisk to provide VoIP and PBX functionality within the collaboration server. Asterisk is a full-featured, enterprise-class PBX so the logging of calls in or out should be easy and display of those calls should be the same as the calendar view (more information is here and here.) The next section from the ballot language:
- For all matters involving City business, the following people must maintain calendars of all meetings and maintain logs of all telephone calls: (a) City Councilmembers and their staff; (b) City Manager and his or her staff; (c) Assistant City Managers and their staff; and (d) all department heads.
- These calendars and logs must contain the time, date, subject matter, and persons involved in all meetings and telephone calls involving City business. These calendars must be used to schedule and record all past and future meetings that occur after the implementation date of this section.
- Calendars and logs must be posted online in real time and be accessible to the public.
- “Meetings” includes all informal and formal meetings including but not limited to telephone conferences, videoconferences, happy hours, and luncheons.
- This provision must be implemented within six months of approval of this amendment.
c) prohibit the city from exercising state law protection for information that could expose the city and taxpayers to greater financial and legal liability and risk;There are no technical issues required within this clause but, for completeness, here are the relevant amendment sections:
SECTION 4: Public Information. The term “public information” means information that is required to be produced under Texas Government Code § 552.021. Public information also includes the following categories that must be produced in response to a public information request:I'll address the next two ballot language sections together:
- INFORMATION RELATING TO CIVIL LITIGATION. That the City is a party to litigation does not render information relating to that litigation less important; rather it often means the information is a matter of heightened public interest. Therefore, the City must not withhold information relating to civil litigation under Texas Government Code § 552.103, but it may withhold under other Public Information Act exceptions.
- ECONOMIC DEVELOPMENT INFORMATION. Information relating to economic development assistance or incentives is public information to which the public has a right of access.
- The City must require all businesses and individuals seeking to engage in the type of economic development negotiations referenced in Texas Government Code § 552.131 to execute and deliver to the City a waiver of any rights to prevent the public disclosure of all information exchanged with the City. The City is without authority to engage in economic development negotiations with any company that has not first executed a waiver.
- The City is without authority to shield economic development offers under Texas Government Code § 552.131(b).
- Nothing in section 4(B) prevents a City from withholding documents under Texas Government Code §§ 552.104, 552.105, or 552.108.
- AGENCY MEMORANDA. Open government in Austin ensures the people have access not only to the final decisions made by government officials but also to the process by which those decisions are made. The City must not use Texas Government Code § 552.111 to withhold information reflecting advice, opinion, and recommendations on policymaking matters, except the City may withhold attorney work product.
- PERSONNEL FILES. The City of Austin must not maintain an optional personnel file as authorized under Texas Local Government Code § 143.089(g) for employees of the Austin Police Department, nor does the City have authority to enter into any meet and confer or other agreement with any police officer association that requires creation or maintenance of a separate file that is closed to the public.
- EMAILS RELATED TO CITY BUSINESS. Email or other written electronic communication to or from a public official concerning City business is public information, including communications to or from privately owned email accounts or computers.
The proposed model does not require any new systems to be purchased outside of the one's listed in my first post. Jabber serves as a "bridge" to connect the various existing datasources into the display architecture while the "agents" speak the "native" application language to the existing datastores (once again, I'll mention the CAPWin project of Washington, DC.) Some of the cost in the City's official estimate is for software licensing ($6mil alone just for the document management system). As I've stated in my past post, the cost estimate from the city is a good attempt at "herding cats" but until specifics are laid out, noone actually knows how much the initiative will cost. For example, the model I propose is heavier into programming than software licensing. Most of the products I've used in this model do not have an initial or ongoing software licensing cost (however, service contracts will still need to be procured). So it can be assumed that this model will be less expensive in software licensing than the city's official estimate. I have yet to fully breakdown the initial and ongoing costs for this model (I'm more concerned about the technical issues and not cost; I leave that for people more skilled than I at cost estimation) but a quick rundown of the products listed and their software costs:
- to require the city to create at taxpayer expense an online electronic data system for most city communications and documents, which for the most part are already available to the public; and
- to install and permanently operate such a system at an estimated cost of approximately $36 million initially and $12 million annually thereafter if fully implemented, which could require a tax increase equivalent to three cents per $100 valuation or a reduction in city services?
| Cost estimation | |||
|---|---|---|---|
| Product | Initial Software Cost | Ongoing Licensing Cost | Service Contract required |
| Zope | $0 | $0 | Yes |
| Plone | $0 | $0 | Yes |
| Jabber | $0 | $0 | Yes |
| Jabber agents | $Unknown. Based on how many systems need to be tied in. | $0 | Yes |
| Zimbra | $28/user | $0 | Yes |
| OpenOffice.org | $0 | $0 | Yes |
- Category(s)
- Government
- Open Source
- Proposals
- Austin
- Open Government
- Development
Further thoughts on the new ballot language for Prop 1...
Proposition 1:So let's again breakdown each section.
Shall the City Charter be amended:
- to provide online access to public information, which for the most part is already available, by creating an online electronic data system for most City communications and documents at taxpayer expense;
- to require that private citizens' emails to public officials be placed on the City website in "real time," including emails or electronic communications between private citizens and public officials in all City departments, and limit the ability of citizens to keep private the details of these communications, unless legal exceptions apply;
- to require that the heads of all City departments, all city manager's staff and all city council members and their staff post online in "real time" information about meetings and phone calls with private citizens; and
- to prohibit the city from exercising state law protection for information that could expose the City and taxpayers to greater financial and legal liability and risk?
This is more representative than the last ballot language which included sections on certain departments possibly releasing private information (Library, Health clinics, Police Department, etc) which Proposition 1 did not call for. "For the most part," this statement is accurate and correct but it does miss a crucial goal of the amendment: efficient access to public information. While it's true that most of this information is available, the Open Records request mechanisms employed by the different departments throughout the city are not efficient. The request can take as much as 10 days before the requestor even knows if the information can be retrieved. The amendment seeks to clarify and accelerate the public's access to this public information by putting online as much public information as possible (and, most importantly, where approved by City Council) to let the public find what it needs without using valuable employee time first. As mentioned elsewhere, APD alone will have to fill 2500+ Open Records requests this year and countless hours of employee time will be used in fulfilling those requests. The amendment's core argument is that it is more efficient for the public to search these records first and then be able to put in specific requests for particular information than the current system.
- to provide online access to public information, which for the most part is already available, by creating an online electronic data system for most City communications and documents at taxpayer expense;
This statement is still misleading. First, the premise that email will be placed on the City website in "real time" is not required by the amendment. The ballot language premise is a very broad interpretation of the clause "expeditiously as possible and to the greatest extent practical" and does not mention to the voters the circumstances that would have had to happen for that situation to become realistic. The City Council is the determining body on the practicalness of any measure that is not explicitly stated within the amendment so this situation would have to be:
- to require that private citizens' emails to public officials be placed on the City website in "real time," including emails or electronic communications between private citizens and public officials in all City departments, and limit the ability of citizens to keep private the details of these communications, unless legal exceptions apply;
- Sponsored by some department, citizen's initiative, etc., to be placed on the Council's agenda.
- At that meeting, Council would have to deem that situation practical.
- If found practical, Council would have to draw up ordinances and resolutions to meet and enforce the requirements of the situation.
- Council would have to pass the ordinances and resolutions.
This is another misleading statement about what the amendment calls for. The relevant section from the amendment follows:
- to require that the heads of all City departments, all city manager's staff and all city council members and their staff post online in "real time" information about meetings and phone calls with private citizens; and
(B)OPEN ACCESS TO CITY CALENDARSI highlighted the relevant sections in that clause. If you are a private citizen and you are speaking to a public official through one of the listed means about City business, then, according to the amendment, that must be noted in the appropriate log. The federal government, proposed by none other than one of the most conservative members of Congress, Newt Gingrich, follows much the same system. It is a way the public can see who their elected officials are talking to and about what subjects. If you are going to call Mayor Wynn and tell him how great or not great he is, there is no need to record the call as that is not City business. Further, if a Council Member calls their doctor, that call is not subject to the documentation clause. Only City business is required to have the notation. Another branch on that limb... This clause will also be seen by a later court to be misrepresentative and misleading and will help to overturn a defeat of the proposition.
- For all matters involving City business, the following people must maintain calendars of all meetings and maintain logs of all telephone calls:
- City Councilmembers and their staff;
- City Manager and his or her staff;
- Assistant City Managers and their staff; and
- all department heads.
- These calendars and logs must contain the time, date, subject matter, and persons involved in all meetings and telephone calls involving City business. These calendars must be used to schedule and record all past and future meetings that occur after the implementation date of this section.
- Calendars and logs must be posted online in real time and be accessible to the public.
- “Meetings” includes all informal and formal meetings including but not limited to telephone conferences, videoconferences, happy hours, and luncheons.
- This provision must be implemented within six months of approval of this amendment.
This section must be referring to the requirement of the amendment that pertains to public information. Here is that section from the amendment.
- to prohibit the city from exercising state law protection for information that could expose the City and taxpayers to greater financial and legal liability and risk?
SECTION 4: Public Information. The term “public information” means information that is required to be produced under Texas Government Code § 552.021. Public information also includes the following categories that must be produced in response to a public information request:First, the amendment states that the City cannot withhold information under the following Texas Government Code section:
- INFORMATION RELATING TO CIVIL LITIGATION. That the City is a party to litigation does not render information relating to that litigation less important; rather it often means the information is a matter of heightened public interest. Therefore, the City must not withhold information relating to civil litigation under Texas Government Code § 552.103, but it may withhold under other Public Information Act exceptions.
§ 552.103. EXCEPTION: LITIGATION OR SETTLEMENT NEGOTIATIONS INVOLVING THE STATE OR A POLITICAL SUBDIVISION.From this summary, under the “litigation exception,” a governmental body can withhold information about pending or reasonably anticipated civil or criminal litigation. This exception allows the government to hold back otherwise releasable public information because it feels there is or may be some sort of litigation that might include that information. This is an important concept to grasp. The information being sought by the public does not have to be actually involved in litigation; it just has to be deemed by someone in government that it might, at some point in the future, be part of a litigation claim. Further, the entity can keep this information secret until the statute of limitations expires for the whatever the phantom offense this information may be involved in. As these examples show, this section of the Public Information Act has been abused by government entities in the past. Historically, this exemption in the Texas Public Information Act has been used in 2 ways:
- Information is excepted from the requirements of Section 552.021 if it is information relating to litigation of a civil or criminal nature to which the state or a political subdivision is or may be a party or to which an officer or employee of the state or a political subdivision, as a consequence of the person's office or employment, is or may be a party.
- For purposes of this section, the state or a political subdivision is considered to be a party to litigation of a criminal nature until the applicable statute of limitations has expired or until the defendant has exhausted all appellate and postconviction remedies in state and federal court.
- Information relating to litigation involving a governmental body or an officer or employee of a governmental body is excepted from disclosure under Subsection (a) only if the litigation is pending or reasonably anticipated on the date that the requestor applies to the officer for public information for access to or duplication of the information.
Added by Acts 1993, 73rd Leg., ch. 268, § 1, eff. Sept. 1, 1993. Amended by Acts 1999, 76th Leg., ch. 1319, § 6, eff. Sept. 1, 1999.
- a shelter to keep clearly public documents secret that otherwise would not be exempt and
- as a delay tactic to allow further court motions and "grandfathering" claims to be filed on a dubious ordinance or law.
Why you should care about Barton Springs
There now exists a palpable disconnect between the Austin City Council and local environmentalists who feel that their government is no longer working for them. Fueled by this frustration and using history as a guide, the Save Our Springs Alliance drew up and circulated 2 amendments to Austin's City Charter. The amendments, primarily a response to what the environmentalists felt was a closed door, back-office deal brokered between a developer (Stratus Properties), a client (Advanced Micro Devices), and the City Council, strive for transparency in the land development process as well as seeking to hold local government accountable by using technology to facilitate the opening of information to the public.
Unfortunately, the current situation echoes one from just 16 years ago. In 1990, a developer (Freeport McMoRan) sought to develop 4,000 acres within the Edwards aquifer and on top of Barton Springs by building hundreds of homes and apartments. The citizens of Austin quickly banded together in an effort to block the development by lining up to speak against it in front of the City Council. Over seven hundred speakers signed up to speak in front of the Council against the proposed development that night. By the end of the epic Council meeting, the development was stopped by a unanimous vote of the Council, 7-0. This victory essentially started the formal defense of Barton Springs (at the time named the Save Our Springs Coalition) and some much needed local ordinances were drafted to further inhibit development within the sensitive area.
But, after the Council meeting when the draft legislation was released, the lobbyists and developers tried to stop the most damaging parts of the ordinance; the "nondegradation" clauses which prohibited futher polluting within the aquifer. After nearly a year of redrafting, the Council finally adopted a loophole-ridden version of the original draft. Some felt this "Composite Draft" did not protect the springs adequately so the Save Our Springs Coalition wrote up a competing draft and set off to collect the required 20,000 signatures needed to put the ordinance on the ballot.
Once the signatures were collected and verified, the City Council delayed the recognition of the citizen-sponsored ordinance to where it could not get on the May 1992 ballot but it eventually made it onto the August 1992 ballot. But in that time, the developers filed requests for development within the Barton Springs area in the hopes of "grandfathering" if the new ordinance from SOS passed. Interestingly, it was also during this time that a Chamber of Commerce led campaign against the SOS amendment was undertaken, directed by none other than George W. Bush's right-hand man, Karl Rove.
When the election was finally held and the citizens of Austin finally had their say, the citizen-drafted and citizen-sponsored ordinance passed by nearly 2-1 (65% approval). The ordinance finally put in place some much needed environmental protections to protect Austin's premier natural treasure.
It's with that history still fresh in the minds of the citizen environmentalists that a new threat to the springs comes forward. Since the passage of the SOS ordinance in 1992, citizens have asked major employers to not build in the sensitive areas of the Edwards aquifer and to locate in the "Preferred Development Zone;" an area still close to downtown but not located over the aquifer and thus does not affect the water quality of Barton Springs. That is until recently, in what these citizen environmentalists believe have been back-room deals with the Austin City Council, Advanced Micro Devices' new offices was "grandfathered" within the zone even though they appeared to have no legitimate grandfathering claim. Worse still, the development would be a monster; a $220mil, 875,000 sq. ft. office pavillion which would serve as a "hub" for other development spurs into the sensitive area.
So, with history as a guide, the SOS Alliance drafted 2 new amendments to the Austin City Charter and went about collecting the 20,000 signatures that each amendment required to gain entry on the voting ballot. Each amendment attacked what they saw as a problem in their efforts to be included at the discussion table for development within the Edwards aquifer and specifically with the AMD situation.
The first amendment, now known as Proposition 1 and commonly referred to as the "Open Government Online" amendment, tries to bring tranparency to the local government and its elected officials. It provides for new accountability and transparency standards for the highest City officials; the City Council, City managers and their staffs, and Division heads. It requires phone and meeting logs to be posted "real time" to the City's website for those officials as well as defaults the City's Public Information policies towards openness. It makes it harder to keep the public out of the now-secret negotiations between developers and the City as well as opening up police misconduct records to public scrutiny, bringing Austin inline with 2,000 other law enforcement agencies across the state of Texas.
The second amendment, Proposition 2 or the "Clean Water" amendment, seeks to add protection to Barton Springs and the Edwards aquifer by asking major employers to not locate on the Barton Springs watershed as well as curtailing city tax money for developing toll roads in the environmentally sensitive area. The amendment would limit the city's authority in "grandfathering" claims that have weaker environmental standards than the 1992 voter-approved ordinances where, over the last 14 years, scores of development projects have been allowed to build in the sensitive area with only voluntary compliance to the 1992 ordinance.
Once the signatures had been collected and verified, the City Council originally drew up blatantly misleading ballot language in what seemed to be an effort to discourage the passage of the amendments. Some citizens of Austin sued the City in court to rewrite the ballot language to comply with the state standards of fairness for ballot measures and for the first time in Texas history (and you have to think about how corrupt Texas politics can be and this was the first time...), a court found that the ballot language proposed by a municipal council would have to be rewritten. The language originally approved by the Council was found to not "present a fair measure of the proposed measures [and] chief features" of the amendments. But instead of trying to follow the direction of the judge (who, jokingly said that the state standard could be met by saying "This one is about open government; this one is about the springs") a few on the Council, led by Council Member Brewster McCracken opted to take out the "offending" passages but still leave enormously misleading language. But because the Council delayed formulation of the original language and then went to court to defend itself, the final, still misleading language had to be placed on the ballot to meet the Travis County's deadline for getting ballots out to absentee voters.
At its core, this is about how the citizens of Austin feel their government has failed them. Austin, the poster child for an environmental town if there ever was one, with its collective of actors, artists, athletes, musicians, writers, geeks, students, Californians, Democrats and yes, even Republicans, pride themselves on just how much the environment is a part of their daily lifestyle. Just look at any of the "Best places to live" lists and Austin is almost always on it. And usually, at the top of those lists of the reasons why Austin is such a great place to live, it's noted how much green space is available through park lands, environmentally sensitive planning of developments and natural places like Barton Springs, Hamilton pool or Hippie Hollow. The last thing that Austinites want is a city that looks, feels, smells and functions like Houston or Dallas. We are all in love with the unique blend of arts, technology, people, scenery and general quirkiness that makes this city so damn appealing and most residents long to keep it that way for future generations. This truly is a city of individuals but on one issue, Barton Springs, almost all are on the same side.
Over the coming days I'll be cross-posting from my personal blog into this diary in an attempt to pull attention to this issue from outside of Austin. I hope to show you, the national Daily Kos reader, the reasons why this issue is important to you even if you live in South Dakota. As history has shown, what happens here in Austin is sometimes a national warning if we just listen.
- Category(s)
- Government
- Opinion
- Local Government
- Austin
- Open Government
- Development
Visions of Austin
"Not so fast, opponents say. On Saturday, 69 percent of voters cast ballots against the measure. So some neighborhood and business leaders say that those ideas have been roundly rejected and that more community input is needed to create a lasting solution to the vexing issue of development in the environmentally sensitive area. Council Member Lee Leffingwell, who crafted the ordinance, plans to slow the process and allow for a larger community discussion to take place. Input from interested parties as well as the two city bodies now considering the ordinance will provide the springboard for conversation."Now, some would argue (myself included) that the 69% figure used above is completely misleading. While the propositions may have been defeated by 69% that does not, by association mean that 69% of the people of Austin are against protecting the Barton Springs watershed. Most of the Prop 2 opponents had said that protection of Barton Springs is sorely needed but they just didn't agree with how the propositions sought that protection. The fact that 31% of the people of Austin still voted for the propositions considering the outright misleading ballot language is a strong indicator that the citizens of Austin really do value environmental protection over development in sensitive environmental areas. So now we come to Council Member Leffingwell's statements. On the one hand:
"These charter amendments were written behind closed doors with no public input, no vetting and no opportunity for changes to correct errors and unintended consequences," says Lee Leffingwell, an Austin City Council member who is former chairman of the city's Environmental Board."And now the other:
"Will you answer specifically which reforms you support and which you do not? I AM STILL IN THE DISCUSSION STAGE WITH REGARD TO WRITING THE ORDINANCE, AND SO CAN'T COMMENT ON ANY ASPECT OF YOUR SCORECARD AT THIS TIME."Pot, may I introduce Kettle... (More on that from a blog post by JS Hatcher). Also, looking around in Council Member Leffingwell's campaign finance reports, one notices that the only PACs that gave Mr. Leffingwell money during that election cycle all had something to gain by defeat of the propositions (granted, these filings were in the 2005 election cycle and the Open Government/SOS amendment campaigns were ongoing but probably not a campaign issue at the time):
- Austin Apartment Association
- Austin Board of Realtors
- Austin Police Association
- BOMA
- Homebuilders PAC
"presented an audit that found that Austin does not have an "overarching vision for growth" or anything that ties together a patchwork of smaller city-planning efforts."To which the City Manager took offense and disagreed with 3 of the 4 study authors by saying:
"In fact, the City has a vision and it is widely recognized. Our vision is for 'Austin to be the most livable city in the country.' "May I introduce Exhibit A against City Manager Futrell's claim. In the studies cited in the post, Austin ranks as the third highest cost of living in the country. Higher than traditional high cost leaders San Francisco (10th), Boston (9th), Chicago (8th) and Atlanta (4th). Austin has the 4th highest average house cost in Texas (behind Ft. Worth, Dallas and San Antonio) and ranks number 12 nationally for the highest average cost of the typical home in America. These are not exactly the most livable conditions in the country. Now, does city planning have anything to do with this rise in prices? As cited in this document, my guess is that the 29 now-under-construction-or-planned residential developments and super-condos being built on the shores of Town Lake, throughout downtown and in the ultra-swanky 2nd street area will only further inflate these cost of living indices (most have starting prices in the $200's for a 1/1). One can certainly make the argument that development should take place in downtown (I do support that) but of all the projects listed, from what I can tell, not one project is an affordable housing project. So I have to agree with City Manager Futrell here. She does have an "overarching vision" of Austin. Under her's and the City Council's leadership, they seek to make Austin unaffordable for most residents. They seek to transform the prime green spaces and park lands of Austin into multi-story, multi-million dollar condominiums, raising the cost of living while attempting to replace the few East Austin parks with nasty infrastructure plants needed to clean the crap out of the water from these lofty, rich residents and the eventual Dallas-like sprawl of SH 130. They seek to keep their vision of Austin planted in future city council elections by raising campaign contributions, creating slush funds and erasing term limits. Yes, Ms. Futrell, you and your Council Member friends have a vision for Austin. Unfortunately, it seeks to replace what some of us have come to believe what Austin is about and replace it with a miserably cloned vision of Dallas. I came from Dallas after 17 years of living there to Austin for the last 10, with most of that time in the Barton Hills area so I've seen the pace of change downtown under a close lens. I can't help but think that with the most developer friendly City Council in my memory along with the unification of former Council Members and Mayors against environmental protections for Barton Springs, it won't be long before we'll see the 580-ft towers being grandfathered in overlooking Barton Springs Pool.

Sounds like a great proposal! Best of luck! Jonathan Schwartz's blog, at sun.com, recently talked about the unfortunate events (to say the least) that can happen when government doesn't use open source or freely available applications.
http://blogs.sun.com/roller/page/jonathan?entry=why_odf_matters
Transitioning users to new software can be interesting, so of course be sure everyone knows the benefits, gets shown the software and trained early and often, etc. These are my thoughts and recommendations based on my experience.
http://openoffice.blogs.com/openoffice/2005/10/transitioning_a.html
Best of luck!
This is interesting, Scott, and a great, cool suggestion to think of using open source software, but I'm not sure I understand - the City's official estimate is $36 million, not $24 million. Are we looking at the same one?
Another problem, as with the City's estimate, is that you're assuming the amendment applies much more broadly than it really does, which is a political and legal, not a technical question. There are several categories of information that are REQUIRED to be put online (or in the case of email, to be archived), while the preamble says other public information must be put online only when the city council decides, through implementing ordinances THEY'LL write, that it is "possible," "practical" and not violative of anyone's privacy rights to do so. That won't be every scrap of paper. So don't assume "all" documents must go online, assume the documents REQUIRED to go online will, and that others will only when it possible, practical, etc.
Thus a proposal for implementing the amendment should estimate a minimalist version that only would put online only what's required, as well as estimate for a full-blown cadillac version that you and Peter Collins describe, but which the amendment does not mandate. Some categories of information were already going online, the AMANDA system for example, they just weren't going to give the public a password.
Also, the amendment would only apply going forward and would require no historic information to be converted - there's no need to apply any "converstion" rate to the total number of existing city documents, only new, incoming documents that aren't already transmitted electronically. Finally, the one-year time frame only applies to a few specific items, not "all" public information, so be sure to estimate costs only for those specific items on the front end as mandated, not would-be-nice stuff like universal conversion. An open-source proposal for implementing the amendment under those more minimalist assumptions would be a great mitzvah to the community.
See these items for more on what those more modest assumptions would look like:
http://opengovaustin.blogspot.com/2006/03/on-privacy-and-practicality-must.html
and
http://www.aclutx.org/article.php?aid=201
and
http://www.cleanwater-cleangovernment.org/debunking.cfm
Thanks for thinking so hard on this and I'd be interested if, after looking more closely at the specific requirements, changing those assumptions would significantly change your thinking about the total cost estimate. Regards,