Some transit advocates say a top MARTA official should recuse himself from deciding how the agency spends $2.5 billion for an Atlanta transit expansion, citing what they claim is a potential conflict of interest.
In his private career as an attorney, Robbie Ashe helped Atlanta annex the Emory University area in DeKalb County last year, and continues to defend the annexation in court. Now, as chairman of the MARTA board of directors, he'll help decide whether to spend more than $500 million from a city transit tax to extend light rail to the Emory area.
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Some Atlanta residents say the proposed light rail line should not be a top priority because Emory wasn't in the city when voters approved the transit tax in 2016. They want money shifted from that line to other projects, including the Atlanta Beltline. And they question whether Ashe can make an impartial decision, given his advocacy for the Emory annexation.
“Maybe it is or it isn’t [a conflict],” said Kay Stephenson, a member of the group Beltline Rail Now. “But there’s certainly a perception among the public that it’s problematic.”
Ashe has no plans to recuse himself. He said MARTA and city attorneys have determined he has no conflict of interest because – both as an attorney and as a board member – he represents the city’s interests.
“I understand why they’re asking the question,” Ashe said. “But I think the answer is, in both capacities, my job is to do the best job of representing the City of Atlanta that I can.”
Questions about Ashe’s impartiality underscore the high stakes involved as MARTA finalizes plans for its expansion.
The transit tax is expected to generate $2.5 billion over 40 years. But MARTA and the city have identified $11.5 billion in worthy projects. That means advocates of some projects won't be happy when the MARTA board approves a final project next month.
In May, MARTA proposed spending the money on 21 miles of light rail, 18 miles of bus rapid transit lines, other new bus routes, two new transit centers and renovation of existing stations. At $503.6 million, the Emory light rail line – dubbed the Clifton Corridor – is the most expensive project on the list. It's also become the biggest flash point in the debate about how MARTA should spend the money.
Advocates say the line is desperately needed. With more than 30,000 employees, the Emory/Centers for Disease Control and Prevention area is the region’s largest employment center without direct access to MARTA rail service or an interstate highway.
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MARTA CEO Jeffrey Parker says the Clifton Corridor is also the agency's best shot at federal funding, which will be crucial to any light rail project.
Others say it’s a good project, but the cost should be split with DeKalb County or other governments.
Beltline supporters say some of the Atlanta transit tax money set aside for the Clifton Corridor should be shifted to their project. The proposed plan includes financing only a third of the 22-mile Beltline light rail loop.
As a City of Atlanta appointee to the MARTA board, Ashe will play a key role in deciding how the transit tax is spent. After receiving a final staff recommendation and consulting with Mayor Keisha Lance Bottoms, Ashe and the other two Atlanta MARTA representatives will make a recommendation to the full board.
Records obtained by The Atlanta Journal-Constitution show Ashe’s law firm – Bondurant, Mixson and Elmore – has billed the city nearly $1.2 million for his work on various annexations over the last four years. The records don’t offer a clear picture of how much of that money was for the Emory annexation, but Ashe said it’s a small share of the total.
Stephenson said she's not reassured by the opinion of attorneys who say Ashe has no conflict of interest. She cited the ongoing corruption investigation that has cast a shadow over City Hall.
The wide-ranging federal probe is investigating city contracting as well as city credit card spending by members of former Mayor Kasim Reed’s administration. Five people - including two top members of Reed’s staff - have pleaded guilty to various charges, including conspiracy to commit bribery.
“I don’t know Robbie Ashe well. From what everybody tells me, he’s a great guy,” Stephenson said. “But with everything going on in the city, even the appearance of a conflict is a problem.”
Ashe said the final project list will be shaped not by his personal preferences, but by hard data, the expertise of MARTA’s staff and public input. No matter which projects get funding from sales tax, he said his job will be to seek additional funding for projects that don’t make the cut.
Staff writer Scott Trubey contributed to this report
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