While the City Council took action in June 2018 to amend Austin’s Anti-Lobbying Ordinance (ALO), TDS continues to advocate for reforms that will fully protect free speech rights and ensure fairness and transparency during the City’s solicitation and contracting process.
Among the key ALO reforms TDS continues to advocate for:
– Eliminating restrictions on free speech and confining ALO-restricted communications to direct, solicitation-specific advocacy;
– Allowing vendors to communicate with City officials and the public about the policy implications of staff-issued solicitations outside of three allotted minutes at a Council or commission meeting; and
– Creating a robust appeals process to give appointed and elected City officials oversight of staff’s enforcement of the ALO.
- Current version of Anti-Lobbying Ordinance (adopted June 2018)
- Previous (2011-2018) version of Anti-Lobbying Ordinance (ALO)
- 6-14-18: City Council Transcript, Item #56 (ALO amendments)
- 6-14-18: City Council Agenda Item #56 with complete backup including stakeholder feedback and proposed “revised” ALO “Version 3”
- 6-12-18: Synopsis of TDS and advisory groups’ positions on key ALO reforms
- 6-12-18: Critical questions about staff’s proposed “revised” ALO “Version 3”
- 6-8-18: Bob Gregory email to City Council – consideration of staff’s proposed “revised” ALO “Version 3”
- 6-8-18: TDS redlined version of staff’s proposed “revised” ALO “Version 3”
- 6-8-18: TDS chart showing that over 7.5 years between 2009 and 2017 there were ALO restrictions in place for waste-related solicitations for all but 56 days
- 4-30-18: Austin Monitor, “Committee Fails to Endorse Lobbying Rule Changes”
- 4-25-18: City Council Audit and Finance Committee Agenda Item #5, Proposed Revisions to the Anti-Lobbying Ordinance
- 4-25-18: Michael Whellan comments to Audit and Finance Committee
- 4-25-18: City staff’s “Version 3” proposed ALO “revision”
- 2-7-18: TDS feedback form on City staff’s “Version 2” proposed ALO revision
- 1-5-18: City staff’s “Version 2” proposed ALO revision
- 1-5-18: City staff’s proposed ALO rule “elements” for “Version 2” proposed revision
- 1-5-18: City staff memorandum regarding “Version 2” proposed ALO revision
- 11-9-17: City Council transcript – staff-proposed 6-month postponement of consideration of ALO revisions
- 11-6-17: City staff memorandum withdrawing consideration of “Version 1” proposed ALO revision and proposing 6-month postponement
- 11-6-17: Bob Gregory email to City Council – ALO revisions and waiver
- 11-1-17: Ethics Review Commission (ERC) ALO “Version 1” recommendations
- 11-1-17: Ethics Review Commission (ERC) transcript – review of City staff’s “Version 1” proposed ALO revision
- 10-31-17: Public comments received by the City regarding “Version 1” proposed ALO revision
- 10-30-17: Bob Gregory Email to Ethics Review Commission (ERC) – TDS response to Texas Campaign for the Environment TCE “Version 1” ALO recommendations
- 10-27-17: Texas Campaign for the Environment (TCE) “Version 1” ALO recommendations
- 10-19-17: City Council transcript – Proposal to rescind and modify ALO waiver for biosolids solicitation
- 10-19-17: Bob Gregory email to City Council – Proposal to rescind and modify ALO waiver for biosolids solicitation
- 10-11-17: Zero Waste Advisory Commission (ZWAC) “Version 1” ALO recommendations
- 10-11-17: Ethics Review Commission (ERC) transcript – Review of City staff’s “Version 1” proposed ALO revision
- 10-9-17: TDS’ proposed changes to City staff’s “Version 1” proposed ALO revision
- 10-9-17: Why TDS supports revising the ALO
- 10-9-17: Bob Gregory Email to Zero Waste Advisory Commission (ZWAC) – Review of City staff’s “Version 1” proposed ALO revision and Waste Management Policy Working Group recommendations
- 10-6-17: TDS comparison of key differences between PWG’s ALO recommendations and the “resulting” staff “Version 1” ALO proposal
- 10-6-17: TDS proposed revisions to City staff’s “Version 1” proposed ALO revision
- 10-6-17: Bob Gregory email to Ethics Review Commission (ERC) – review of City staff’s “Version 1” proposed ALO revision
- 9-28-17: Memorandum from attorney Jim Hemphill detailing First Amendment ALO concerns
- 9-28-17: Free speech activities that any ALO revision should allow
- 9-28-17: TDS redline of proposed changes to City staff’s “Version 1” proposed ALO revision
- 9-28-17: City Council transcript – staff-proposed approval of “Version 1” ALO revisions
- 9-28-17: Bob Gregory email to City Council – staff-proposed approval of “Version 1” ALO revisions
- 9-26-17: Adam Gregory email to City Council – staff-proposed approval of “Version 1” ALO revisions
- 9-15-17: City staff’s “Version 1” proposed ALO revision, including staff memorandum, proposed ordinance, mark-up version, and “Comparison Matrix”
- 7-21-17: Waste Management Policy Working Group (PWG) ALO recommendations
- 7-12-17 and 8-9-17: ZWAC recommendations requesting staff presentation of draft solicitations prior to issuance and negotiated contracts prior to requests for recommendations of approval
- 7-1-17: TDS chart showing that over 7.5 years between 2009 and 2017 there were ALO restrictions in place for waste-related solicitations for all but 56 days
- 4-6-17: City Council transcript – Waiver of ALO for all waste-related solicitations to allow industry stakeholders to participate in waste policy reform process
- 4-6-17: City Council Resolution – Waiver of ALO for all waste-related solicitations to allow industry stakeholders to participate in waste policy reform process
- 3-23-17: City Council Resolution – Creation of Waste Management Policy Working Group
- 3-23-17: City Council transcript – Waiver of ALO for organics processing solicitations and creation of Waste Management Policy Working Group
- 2-15-17: TDS memorandum and documentation detailing City staff’s provision of free waste services to special events
- 2-15-17: Staff memorandum acknowledges that providing waste services to special events “competes with private haulers” (Question #2)
- 12-15-16: City Council transcript – Retroactive waiver of Synagro ALO violations and resolicitation of biosolids contract
- 11-9-16: Bob Gregory email to City Council – Synagro ALO violations
- 10-6-16 and 10-17-16: City emails reveal staff did not investigate or inform Council of evidence of ALO violations by Synagro and Synagro’s lobbyist during biosolids contracting process
- 10-3-16: TDS’ “Notice of Prohibited Representation” complaint alleging ALO violations by Synagro during the biosolids contracting process
- City Code 15-6-11 through 15-6-13, adopted by Council to attempt to protect private haulers from City competition
City of Austin’s Anti-Lobbying Ordinance (ALO) disqualification of TDS overturned by Federal Judge:
- Federal judge reverses staff’s “improper” ALO disqualification of TDS intended to allow the City to “control the flow of recyclables” in the Austin marketplace
- City of Austin’s Motion to Alter or Amend Judgment Denied
- TDS Response in Opposition to Alter or Amend Judgment
- City of Austin Motion to Alter or Amend Judgment
- TDS v COA Final Judgment, Order on Cross-Motions for Summary Judgment, and TDS Press Release
- City of Austin Reply Brief in Support of MSJ
- TDS Reply in Support of MSJ
- City of Austin Response to Plantiff MSJ
- TDS Response in Opposition to Defendant’s MSJ
- City of Austin Motion Summary Judgment
- TDS Motion Summary Judgment
- Original Answer of Byron Johnson
- City of Austin First Amended Answer
- Court Order Remove to US District Court
- City of Austin’s Notice of Removal – US District Court
- City of Austin’s Original Answer
- TDS’ Original Petition