The city has hired an outside attorney to review an ethics complaint filed against Councilman Jalen McKee-Rodriguez (D2), alleging that the Eastside councilman misled business stakeholders and unfairly sought to influence a zoning matter in his district.
In an eight-page ethics complaint filed Nov. 5, a person identified as Oscar A. Zepeda said he had no stake in the outcome of the zoning issue, but felt compelled to file the complaint because McKee-Rodriguez’s actions “damaged the delicate trust that all of us have in local government.”
As a result, the city hired attorney Nadeen Abou-Hossa to review the matter and consult with the vice chair of the Ethics Review Board, who will decide whether it should advance to the full board for consideration. The board’s chair, Patrick Lang, is recused because he was appointed by District 2.
Abou-Hossa will serve as independent compliance auditor and counsel to the Ethics Review Board, according to the City Attorney’s Office.
“A game time decision”
Zepeda’s complaint revolves around the councilman’s handling of zoning and land uses changes requested by Doggett Freightliner, which plans to build a new dealership adjacent to the Paloma neighborhood on the East Side.
McKee-Rodriguez took up the cause of nearby residents who opposed the idea and — despite previously indicating to the company that he would delay the vote to a later meeting — made a “game time” decision to try to make the land available for commercial and restaurant uses instead.
“I made a discretionary decision during the public meeting to move forward with a
motion that addressed community concerns,” McKee-Rodriguez wrote in a formal response to the complaint.
His approach failed, and the City Council ultimately approved the company’s requests last week.
Doggett’s land use attorney, Ken Brown, said he understood why the councilman did what he did, and noted that they’d been working together closely after the initial disagreement.
“He told me right before the meeting what he was going to do,” Brown said. “I met with him immediately after, and I said, ‘Look, no hard feelings, and I don’t take this personally.'”
Brown said the person who filed the complaint “doesn’t know all the facts,” and that he plans to support McKee-Rodriguez in the ethics process, according to KSAT.
Rivals on the council
Zepeda happens to be a personal friend and political donor to Councilman Manny Pelaez (D8), who is McKee-Rodriguez’s longtime rival on the dais.
Pelaez said he hadn’t discussed the zoning issue with Zepeda, but that he believes it was clear that McKee-Rodriguez had misled Doggett Freightliner during the process.
“It’s not like there’s a question as to whether he lied or not,” Pelaez said. “I think the question before the ERB is whether what he did violated the technical rules of ethics.”
It’s very uncommon for complaints to make it to a hearing with the Ethics Review Board, which ultimately has little power to punish council members who violate the rules.
Earlier this year the board heard and agreed with complaints alleging Councilman Marc Whyte (D10) abused his access to law enforcement. The result was a letter of reprimand and mandatory ethics training.
