Council Member Don Zimmerman courts controversy with blunt approach
Lilly Rockwell
Sep 23, 2016 at 12:01 AM Sep 25, 2018 at 6:04 PM
In the span of three months, Austin City Council Member Don Zimmerman ignited a social media firestorm over his comments on gay marriage, sued the city over its campaign finance rules and attempted to nominate an activist to a police oversight committee who is so at odds with Austin police that he has repeatedly been arrested for filming them.
The Republican has managed to generate more controversy and publicity than any other council member in the eight months the new council has been in office. He often draws comparisons to Republican presidential candidate Donald Trump for his knack for saying controversial things.
While Zimmerman isn't the first conservative to sit on the City Council, nor the first to question city spending, his blunt approach sets him apart. During a budget discussion in May, for instance, he said the city, like any large organization, has some people on its payroll who are "virtually worthless."
Already, a favorite topic among City Hall insiders is what all this means for Zimmerman's ability to get re-elected in November 2016. (Though council races are nonpartisan, candidates often spell out their political philosophies.)
"Do not underestimate Mr. Zimmerman's ability to get his voters out — or do so at your own peril," warned Roger Borgelt, an attorney and Republican activist who once lost a bid for a Republican Party position to Zimmerman. "He has a very ardent crew of hardcore supporters, many of whom do live in his district."
Abolishing government
Zimmerman's District 6 encompasses far Northwest Austin, where residents tend to be more conservative and skeptical that city dollars are spent in a way that benefits them. Zimmerman, who declined to be interviewed for this article, ran against five other candidates last fall on a platform that the city's priorities were out of whack, with a bloated budget causing unsustainable property tax hikes. He advanced to the runoff, which he narrowly won with 51 percent of the vote.
On the council dais, Zimmerman has spent much of his time criticizing city expenditures and management decisions. He grilled Austin Energy officials on whether it made sense to spend $25 million on steel utility poles. He pleaded with the council to not spend $3 million for an art project at the airport. He was on the losing end of both votes, but when he objected to a $1.2 million lease for the Recycled Reads used bookstore, a divided council directed city staff to revisit the lease after one year.
Just this past week, when the council was getting a budget briefing from the Economic Development Department, Zimmerman reminded the department head about his campaign goal of getting rid of that entire office. "In my district, Northwest Austin, you guys could disappear and the vast majority of (my constituents) would never know you existed," he said.
But it takes a majority of at least six council members to set or change city policies.
"As with any council office, there may be times we agree and times we disagree," said City Manager Marc Ott, himself the target of a failed Zimmerman proposal to move "unelected city staff" to less prominent seats at council meetings. "But ultimately my role — and the role of staff — is to carry out the policy direction provided by the full council."
Council Member Ellen Troxclair, a Republican who represents Southwest Austin's District 8, said Zimmerman represents an important perspective, especially when it comes to "making sure we're spending money effectively and keeping the tax rate down." She said every council member offers a different approach. "Don has a certain style," she said. "It keeps it interesting."
'The Donald Trump of Austin'
On the day in June when the U.S. Supreme Court legalized gay marriage, Zimmerman took to social media and questioned why supporters of same-sex marriage wouldn't also support legalizing pedophilia. A screenshot of his remarks caught fire online and sparked an ethics complaint by Austin law clerk Mark Walters, who accused Zimmerman of violating the city's personnel policy by acting in a disrespectful manner.
City staff told the American-Statesman that personnel policies don't apply to council members. The complaint is still expected to be heard by the city's Ethics Review Commission, along with a second one Walters filed alleging Zimmerman failed to file all of the required campaign finance forms.
A potentially more serious campaign finance allegation still hangs over Zimmerman's head. Former Travis County Judge Bill Aleshire filed complaints in February accusing Zimmerman of improperly paying his wife $2,000 for campaign work. The complaints went to the Texas Ethics Commission as well as the Travis County attorney's office, which is investigating.
Violating the state's campaign finance law would be a Class A misdemeanor, which could entail a fine of up to $4,000 and up to a year in jail.
In the meantime, Zimmerman took the unprecedented step in July of being the first sitting City Council member in recent memory to sue the city.
Zimmerman's lawsuit, filed in federal court, seeks to overturn the city's rule that only allows campaign fundraising in the six months before an election. It also seeks to raise the $350-per-donor contribution limit and eliminate the $36,000 limit on total donations a candidate can receive from non-Austin voters.
Zimmerman said at the time that he wants to be able to raise money to publicly fight the accusations against him and media coverage that he deems biased.
"He's the Donald Trump of Austin," said David Butts, a consultant to Democratic candidates. "Zimmerman has no fear of rocking the boat. He likes to stick his finger in the eye of what he doesn't like."
The art of compromise
Zimmerman's uncompromising style has drawn questions over whether it impedes his ability to get work done. He has passed one resolution so far as the prime sponsor: a fee waiver in June for a Girl Scout troop event in his district.
Some Republicans say his blunt style hinders him.
"That's the concern that a lot of folks have out here is that we've got a good message of limited government, but is the messenger effective?" said Jay Wiley, a Republican who came in third in last year's District 6 election.
"His methodology and manner I sometimes question," Borgelt said, adding that he agrees with many of Zimmerman's views. "Politics is the art of compromise. At some point, you've got to get five votes plus your own to get something done. … I'm not sure that is Don's approach."
But Zimmerman has gained traction on some proposals.
He worked with Troxclair on an idea to offer tiered wage increases for city workers, versus across-the-board 3 percent raises, which could save the city about $6.2 million. The council will consider that idea during its budget discussions. He also proposed a resolution that would halt the city's practice of putting fluoride in the water, triggering upcoming hearings before two council committees.
And if only to show he's making the case, Zimmerman sends out press releases with his proposed resolutions, including two last week. One proposed cutting the city's economic incentive payments in half. The other proposed ending the city's Stage 2 water restrictions.
Northwest Austin resident Rick Hair is a Zimmerman fan. He supported him in the election and is pleased with how Zimmerman represents the district.
"I am a conservative — both constitutionally and fiscally," said Hair, a management consultant. "Of all the candidates in District 6, I related to Don because he had my worldview."
Hair said he appreciated that Zimmerman questioned the recent $400,000 purchase of conservation land for the Balcones Canyonlands Preserve when the appraisal district valued the 10-acre piece at only $90,000.
"He does tend to be outspoken on things, and even sometimes things that might distract from the business at hand," Hair said. "Sometimes I think it's good to say, 'This is who I am.'"
For some District 6 residents, it's not so important what Zimmerman has accomplished, but that he is speaking up for their concerns. River Place resident Scott Crosby and some of his neighbors traveled to City Hall in February to advocate against an affordable housing project at Cardinal Point, near RM 2222 and RM 620, which they feared would lead to increased traffic, overcrowded schools and potentially more crime.
It passed 9-1, with Zimmerman voting against it and Troxclair abstaining. Crosby said he understood the political odds were stacked against Zimmerman. "He has no power by himself," Crosby said.
Meanwhile, Democrats in District 6 say they are frustrated to be represented by someone so at odds with their political beliefs.
"I'm afraid people across Austin think that everyone out here feels the same way as him," said Barbara Mason, who is a Democratic precinct chair in Zimmerman's neighborhood.
"People perceive us as very Republican out here, but in this precinct (Texas gubernatorial candidate) Wendy Davis had more votes in the 2014 election," she added. "I'll be really surprised if (Zimmerman) wins the next time."
Zimmerman carried the district last year with 4,012 votes, edging out Democrat Jimmy Flannigan by 191 votes. Flannigan is sending plenty of signals that he will likely run again.
"I have not stopped working in my district, talking to my neighbors," Flannigan said last week, though he noted he has no formal campaign and can't fundraise or put up signs.
But, tellingly, he couldn't resist testing out a campaign dig.
"Don is doing what he promised his voters he would do. He promised he would get nothing done. He promised that he would be a thorn on the side of city government. He promised he would use lawsuits to accomplish that agenda," he said. The problem is, Flannigan said, "that promise was only made to 4,000 people."
Correction: A reference to a tea party endorsement was removed. Dean Wright of the Austin Texas Tea Party says Zimmerman was not endorsed by their group. Opponent Jay Wiley received that endorsement.