| |
|
A Response to Mark Wall
Mr. Wall’s facts are incorrect on many crucial issues:
1. He asserts that “the original Radburn planners”
intended that Radburn residents would never enjoy the right
to govern themselves. Actually, as Daniel Schaffer notes in
his authoritative Garden Cities for America: The Radburn Experience
(on permanent reserve at the Fair Lawn Public Library), p.
181, it was always the expectation of Eleanor Roosevelt and
the other social reformers who set up Radburn that “the
residents would eventually assume political control over the
Radburn Association.” The most that can be said was
that the Radburn founders were naively optimistic to think
that the Trustees would at some point voluntarily hand over
political power to the whole Radburn community. Here we are,
more than 75 years later, and Mr. Wall is still opposed to
giving his neighbors the right to govern themselves. He still
feels it is his right, for the rest of his life, to sit as
a former Trustee collecting assessments from his neighbors
and telling them what to do.
2. He raises the issue of whether we are a homeowners’
association. As anyone can see from reading the relevant statute,
it applies to any planned community with parks and pools,
regardless of who has legal title to the ownership of those
parks and pools. You don’t have to be a homeowners’
association to be covered by the statute, and therefore the
issue of whether we are a homeowners’ association is
entirely irrelevant.
3. He raises the issue of allegedly “disenfranchising”
renters. First, renters, like the rest of the community, currently
have no right to vote for the two seats on the board that
are filled each year by Mr. Wall and his fellow former Trustees.
Any time former Trustees such as Mr. Wall want, they can vote
to amend the Radburn By-laws so as to allow renters (and the
rest of us) to vote for the two seats now controlled by Mr.
Wall and the others. But Mr. Wall and the others have so far
refused to allow the renters (and the rest of us) to vote
for those two seats. Mr. Wall is the last person who should
be complaining about “disenfranchising” renters,
as he is part of a group that has actively disenfranchised
renters, and the rest of us, from voting for those two seats
for three-quarters of a century.
Second, Mr. Wall ignores the fact that, while renters can
vote, under the current system they can only vote for candidates
picked by incumbent Trustees. Such a vote is useless, since
the Trustees only nominate people who agree with the incumbent
Trustees. The Trustees are utterly unconcerned with allowing
the renters the opportunity to vote for someone who might
actually agree with the renters. The Trustees are ones “disenfranchising”
the renters.
Third, the current system, as Mr. Wall admits, also “disenfranchises”
people – namely, any adult who lives in a household
with at least two other adults. Such a person is not allowed
to vote at all.
Fourth, there is every possibility that the definition of
a voter in a democratic Radburn will be more and not less
inclusive. Let us all work together to make Radburn democratic,
and to make the definition of voter as broad as is legally
possible.
Fifth, whatever is legally possible, is what is legally
possible. Radburn cannot simply ignore the law because it
might possibly find some aspects of the law less than optimum.
If the law needs to be improved, we need to lobby our elected
representatives to improve it. That is the American way.
4. Mr. Wall compares Radburn to a “religious organization”
or a “charity.” If I want to give money to a religious
organization or a charity, that is my choice. If I stop paying
my Radburn assessments, they can seize my house. That is the
difference between the two situations.
5. In order to defend permanent rule by a minority clique
in Radburn, Mr. Wall denigrates the democratic system of government
in Fair Lawn. If Mr. Wall feels something needs to be improved
about the democratic government in his town, state, or nation,
he is free as a citizen in a democracy to work toward whatever
reforms he desires. In the last Fair Lawn election, for example,
the voters rose up in a decisive majority to select new leadership
for Fair Lawn. There is nothing wrong with democracy that
democracy can’t fix. The problem with the kind of dictatorial
rule favored by Mr. Wall is that it offers no method by which
even an overwhelming majority can work towards reform.
6. Mr. Wall alleges that, under Radburn’s current system,
“Candidates run strictly on qualifications.” This
is true, but the most important qualification actually considered
is that the candidates picked to run must agree on all crucial
issues with the eight Trustees that pick the candidates. Thus,
all chance for fresh approaches on issues is deliberately
excluded from the process.
7. Mr. Wall assumes, without argument, that there’s
something bad about open and candid discussion of community
issues by the community. What is wrong with a community discussing
how to resolve the issues that impact that community and deciding,
as a community, how it wants those matters addressed? Is this
not the principle for which Americans shed their blood at
Yorktown, Gettysburg, and Normandy? Do we honor America’s
veterans by turning our backs on the system of self-government
for which they fought?
It is no good pretending that Radburn will never have issues
that need to be decided. Such issues will, in fact, come up,
and it is the community that should decide them, not a self-appointed
clique. Government of the people should be by the people and
for the people. Mr. Wall feels that there’s something
wrong with someone who “proposes a point of view.”
Washington, Jefferson, and Lincoln, however, saw nothing wrong
with people proposing various points of view and allowing
the voters to make a choice among those points of view. Which
has been more stable since 1776, our American democracy, or
the countless ephemeral dictatorships that have bloodied the
history of the human race?
8. Mr. Wall incorrectly states that no issue of “competence”
has been raised with regard to the current group of self-appointed
Trustees. On the contrary, a dozen specific issues concerning
how Radburn is governed have been brought to the attention
of the Trustees by majority votes of the Radburn Citizens’
Association, and the Trustees have refused to deal with any
of these issues. Why, to mention just the most egregious example,
does Radburn spend many times more on legal fees than any
other comparable community?
9. Mr. Wall incorrectly refers to the process by which June
Meyerson was elected President of the Radburn Citizens’
Association. To hear Mr. Wall tell the story, we might suppose
that about thirty people (armed “with an axe to grind”)
suddenly took the Citizens’ Association “hostage”
and elected Ms. Meyerson. As we all know, an unprecedented
400 people – about a third of all eligible voters –
took part in the 2004 election, and Ms. Meyerson received
three out of four votes. In other words, 300 people voted
for her, not 30. In any case, all meetings of the Citizens’
Association are open to all residents. These meetings cannot
be taken “hostage” by anyone. It is the meetings
of the Board of Trustees that are (illegally) closed. It is
the Radburn Association that has been taken “hostage,”
not the Radburn Citizens’ Association.
10. Mr. Wall misdescribes the required process of democratic
reform as being “lengthy, costly, and tedious.”
Actually, all it would take to make Radburn self-governing
is for five sitting Trustees to vote for a one-page amendment
to Article III, Section I of the Radburn By-laws. This could
be done immediately, for free, and without boring anyone,
at any meeting of the Radburn Trustees. Let’s not pretend
that simple things are hard, as an excuse to delay compliance
with the law.
Mr. Wall closes his letter by restating that that “The
trustees rightly feel they are perpetuators of a legacy decided
by legends in city planning.” If this is what the Trustees
feel, they are ignoring page 181 of Daniel Schaffer’s
uncontested history. The current Trustees are not fulfilling
the plans of the Radburn founders. They are continuing to
betray the plans of the founders, as well as the basic ideals
of American democracy. Nothing could be sillier than for someone
to point at Eleanor Roosevelt and say, “It’s not
my fault. She’s the one. She’s making me be a
dictator.” That’s not the Eleanor Roosevelt that
all America remembers as a tireless advocate for democracy
and equality. She would be appalled to learn from Mr. Wall
that a self-appointed clique believes dictatorship to be her
permanent “legacy” to Radburn.
Sincerely,
Robert Gulack, Chair, Legal Committee, Radburn
Citizens’ Association
|