Ethics commission dismisses complaints over Zilker Park votes

The Zilker Metropolitan Park Vision Plan continues to generate controversy. This week, accusations about the motivations of two of the plan’s supporters came before the Ethics Review Commission.

In April, Austinite Teri Adams filed two complaints with the Ethics Review Commission. One was against Hanna Cofer, a member of the Environmental Commission and chief operating officer of the Trail Conservancy. Under an agreement with the Parks and Recreation Department, the nonprofit conservancy solicits funding from the public to operate the trails around Lady Bird Lake. It does not receive any city funding.

Adams also filed a complaint against Evan Taniguchi, an architect who served on the Design Commission for 14 years until his retirement in April. Taniguchi also is on the board of directors for the nonprofit Zilker 351, according to the group’s website.

The ethics commission meeting started around 6:30 p.m. Monday and did not conclude until 11 p.m. Six commissioners attended, and another recused himself. It was unclear why the eighth member did not attend. The commission has three vacancies, slots that need to be filled by Mayor Kirk Watson, Mayor Pro Tem Paige Ellis and Council Member José Velásquez.

A majority of commissioners voted to move forward to a final hearing on both complaints, specifically finding that there were “reasonable grounds” to believe a violation had occurred. However, the rules require that a majority of the 11 possible commissioners vote to go ahead with a final hearing. So, a vote by all six of those present was required to move the matter forward.

The commission voted 4-2 to move forward to a final hearing on the complaint against Cofer and 5-1 on the complaint against Taniguchi. Since neither complaint received the required votes, both were dismissed.

Adams told commissioners that Cofer’s husband, James Russell, represents the Trail of Lights, ABC Kite Festival and the Umlauf Sculpture Garden and Museum. Cofer’s boss is a member of the board of the umbrella nonprofit Zilker 351. Her father, George Cofer, is a representative for the Hill Country Conservancy on the Zilker Collective Impact Group. Cofer’s attorney, Ross Fischer, said Russell had stepped down from his volunteer position with the Umlauf.

Considering those connections, Adams believed Cofer should have recused herself from votes related to the vision plan. Adams highlighted a 4-4 vote of the Environmental Commission, in which a motion to remove a 5,000-person amphitheater from the plan failed. Cofer voted against the motion.

The amphitheater proposal is probably the most controversial part of the plan, with proposed parking garages running a close second. According to several reports, more than 80 percent of those polled were opposed to the amphitheater and parking garages. The poll was conducted by Public Policy Polling and commissioned by Rewild Zilker, a group that stands opposed to many of the changes proposed in the vision plan.

Fischer, Cofer’s attorney, argued that his client could not have a conflict of interest because the Trail Conservancy does not have a substantial interest in the vision plan. He conceded that Cofer has a substantial interest in what happens with the nonprofit she works for, but that anything that might happen in the future between the group pushing for changes to Zilker and her own organization is speculative.

Adams’ complaint against Taniguchi alleged that he improperly voted on the vision plan at the Design Commission, considering that he is on the board of Zilker 351. According to the Zilker 351 website’s bio for Taniguchi, “As a City of Austin Design Commissioner for 14 years, Evan advocates for urban equity, affordable housing and mitigating climate change. Evan’s family has been involved in shaping Austin. His father, Alan, developed the first Town Lake Master Plan while his grandfather Isamu created the Japanese Garden at Zilker Park as a gift to our city. Evan helped found the Zilker Botanical Garden Conservancy to preserve his grandfather’s legacy.”

Taniguchi repeatedly told commissioners he was not benefiting financially from his service on the Design Commission or his involvement with Zilker 351. He explained that he recused himself on one vote before the organization announced that he had joined the nonprofit’s board, but once that announcement was made, he voted for the Zilker Vision Plan. He said he consulted with the city attorney’s office about whether he should recuse himself, but he was told he did not need to do so.

After the vote on Taniguchi, Chair Luis Soberon thanked his fellow commissioners and reiterated advice they had received from the city attorney in the past: “Even if there is not a violation, technically, of the code about conflicts of interest and whether or not recusal is required under the law, the appearance of impropriety matters. It matters a lot.”

He concluded, “I will in fact be writing to our City Council emphasizing the importance of filling the vacancies.”

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