Brisk early voting started Tuesday in North Texas, and controversy is already bubbling up at the polls, according to interviews with voters.
Jeff Kitner and Bill Roth are the main contenders in Dallas City Council District 11 (D11), an open seat since current City Councilwoman Jaynie Schultz announced she would not seek a third term after a contentious zoning battle in North Dallas that once again may end up in court.
Also running for the seat are Mona Elshenaway and Kendal Richardson.
The Coalition went back to court Friday, and returns Wednesday, asking for another restraining order, this time suing City Council and the City Plan commission. The Coalition argues Pepper Squares ReZoning is in direct conflict with the city’s recently-passed zoning Bible, Forward Dallas 2.0 and uses “spot zoning”, illegal in Texas.
Kitner, who has worked closely with CM Schultz and was her appointee to the Dallas Parks Board, is the Chief Operating Officer of the North Dallas Chamber of Commerce, a lobbying 501(c)(6). The attorney has told voters he will work part-time at the chamber if he wins the council seat because council pay is “only $60,000 per year.”
But voters are concerned that, if elected, Kitner will be thrust into an immediate conflict of interest that would reduce his effectiveness as a representative for D11 or could bring more litigation to the city.
The North Dallas Chamber is a powerful Dallas lobbying organization that exists to influence policies for the business interests of its members, which includes developers, corporate contractors, and other well-connected entities that regularly appear before the Dallas City Council seeking zoning approvals, public contracts, tax breaks and favorable city policies.
Some of those members include many area banks, DART, Oncor, Atmos Energy, DART, Southwest Airlines, and more.
City of Dallas Ethics rules will require Kitner to recuse himself from any vote where there’s even an “appearance” of a conflict. (Sec. 12A-4(5)). Based on the Chamber’s members, those recusals at the horseshoe would pile up fast.
“It’s like applying for a job to be a referee while staying on as a coach of one of the competing teams,” says Steve Nordseth, treasurer of the Save Pepper Square Neighborhood Association.
Nearly every consequential vote—on zoning, development, infrastructure, or city contracts—touches the interests of Chamber members. And every time Kitner is forced to step aside and take himself out of deliberations, District 11 will lose its voice, says Nordseth.
That could include development in his own district, especially now that Midtown is being marketed.
Should a vote be technically allowed, the public might be led to wonder, “Is this decision being made in the best interest of the district, or on behalf of Kitner’s other employer, the Chamber?’
Could lawsuits arise from the uncertainty under newly-passed Proposition U?
Kitner has long list of service to the City of Dallas working under former City Councilman Lee Kleinman, now a consultant for Masterplan, and Schultz. He claimed in a recent forum that his North Dallas Chamber connections would be helpful because of all his connections in the city.
But those connections could be a double-edged sword as he scrutinizes and votes on legislation to affect his district and the city that may not be the best option for his paying clients.
“If Kitner is elected, at best, District 11 will get a part-time representative who can’t weigh in on major issues. At worst, it will get a Trojan horse for insider influence, blurring the lines between public service and private interest,” says Nordseth.
It is not uncommon for City Council members to hold employment while serving, but most find the job demands full time attention, sometimes more:
“Serving as a Dallas City Councilmember can sometimes blur the lines between full-time and all the time,” says current CM Cara Mendelsohn.
Serving on Council is Mendelsohn’s full time (or more!) job.
Current CM Jaimie Resendez runs his private law practice as a personal injury attorney and CM Chad West runs his tunnel car-wash business, and is also an attorney, according to their websites. Former councilman Scott Griggs also ran a private law practice, as did councilman Philip Kingston.
Private law practices and running businesses are different from running a significant lobbying group whose sole purpose is to influence local government.