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    A Letter to Maus    
    Monday, August 17 2009 @ 12:02 PM GMT+4
    Contributed by: spoon

    OpinionThanks Maus, for your response to the Charter Commission. At the time I challenged you I was just beginning the analytical process and was sincerely searching for clues, ideas, anything that could be of help. I "called you out" (perhaps an indiscreet and irritating way of looking for help that totally backfired) because you, more than most others, seem to have some knowledge to back up what you say and are generally not disinclined to reason.

    The work on the Charter Commission has been wonderfully stimulating from the beginning but now it is entering its most challenging phase. In some measure I am feeling increasingly out of my element as our work progresses. This arises as my knowledge and understanding of democracy grows. As each new window of understanding opens I am nearly crushed by what I sense I don't know.

    We are becoming increasingly split on the Commission over the same ideological lines that divided the framers at the Constitutional Convention. Limiting democracy to the few (an oxymoron of course since rule by the few cannot by definition be a democracy) or opening it up and trusting our common fate to the masses. History tells us that limiting it to the few inevitably fosters corruption because there are few who can see and fewer who have the power to do anything about what they see. Take away the power of the people and soon, no matter how well intentioned or benevolent are the aristocrats, in whatever form they come (landowners, the wealthy, lawyers, politicians, corporate executives et al) they soon succumb to greed and tyranny. It is the nature of the human animal. Democracy is the agreement we make to curb these base instincts. It is only "eternal vigilance" that keeps democracy intact. If it is not constantly and conscientiously reviewed and examined, discussed and understood and renewed it will be lost.

    In the context of what I now understand about democracy I have sincere trepidations that we are dangerously close to losing it altogether in the United States.

    After 20 months of work on the Commission I sigh as I realize that I am just now approaching that level of knowledge that should be bare minimum to be doing what we are doing. How regrettable it is that it never occurred to the Commission that its work would have profoundly benefitted from at least a minimal study of democracy before setting out. Speaking only for myself I admit to how self-assured I was about my command of democracy. After all, haven't I been a diligent activist for over 40 years? Had I not been a lifelong reader and student of political science and philosophy? Haven't I spent the last dozen years in municipal civic affairs where I have been exposed to all manner of statute and rule? And last but not least, haven't I been living in the United States all of my life? How, I thought, could I not know all that I needed to know about this subject of democracy? How wrong I was.

    Do we repress dissent for the sake of harmony? Do we exclude minorities for the sake of harmony? Should free speech be something that is bought? Jefferson tells us that dissonance is essential for democracy because it reveals our "misconceptions." His presumption is that if misconceptions are not revealed we go astray. Of course! How could we not?

    Now we are embroiled in the essential struggle. Do we base our local rules with the intent of conveniently preserving the status quo or do we design them to reflect the profound wisdom of democracy?---spoon agave

     

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  • A Letter to Maus | 8 comments | Create New Account
    The following comments are owned by whomever posted them. This site is not responsible for what they may say.
    A Letter to Maus
    Authored by: cgrotke on Monday, August 17 2009 @ 03:55 PM GMT+4
    The splits between top-down and bottom-up, or centralized vs.
    distributed, or individual vs. crowd seem to be one of the major shifts
    going on in society right now.

    There are lots of examples:

    Major record labels vs. independent artists
    Corporate pundits vs. bloggers
    Patents vs. open-source
    Copyrights vs. creative commons licensing
    World Book Encyclopedia vs. wikipedia
    Commercial radio vs. community radio

    It seems understandable that the debate would also surface in thinking
    about governing.
    A Letter to Maus
    Authored by: spoon on Monday, August 17 2009 @ 11:51 PM GMT+4
    The following is the finished draft of the above post. Sorry to subject readers to the extra effort.

    At the time I challenged you I was just beginning the thought process and was sincerely searching for clues, ideas, anything that could be of help. I "called you out" (clearly an indiscreet and irritating way of looking for help that totally backfired) because you, more than most others, seem to have some knowledge to back up what you say and are generally not disinclined to reason.

    The work on the Charter Commission has been wonderfully stimulating from the beginning but now it is entering its most challenging phase. In some measure I am feeling increasingly out of my element as our work progresses. This arises as my knowledge and understanding of democracy grows. As each new window of understanding opens my dismay is renewed by what I sense I don't know.

    It is rather eye-opening to discover how closely the ideological differences pervading the Charter Commission reflect some of the very same ideological rifts that plagued the framers at the Constitutional Convention in 1787. Then as now the great debate was between leveling power and concentrating power. Limiting democracy to the few (an oxymoron of course since rule by the few cannot by definition be a democracy) or opening it up and trusting our common fate to the mass of citizenry. History tells us with almost perfect consistency that limiting it to the few inevitably fosters corruption because, in these conditions, there are few who can see and fewer still who have the power to do anything about what they see. Take away the power of the people and soon, no matter how well intentioned or benevolent are the aristocrats, in whatever form they come (landowners, the wealthy, lawyers, politicians, corporate executives et al) they soon succumb to greed and tyranny. It is the nature of the human animal. Democracy is the agreement we make to curb these base instincts. It is only "eternal vigilance" that keeps democracy intact. If it is not constantly and conscientiously reviewed and examined, discussed and understood and renewed it will be lost. In the context of what I now understand about democracy I have sincere trepidations that we are dangerously close to losing it altogether in the United States. Is there a more pithy bumper-sticker than “Ignore your rights and they will go away.” There is too much evidence that we did, and far more than most people realize have, literally, been signed away.

    After 20 months of work on the Commission I sigh as I realize that I am just now approaching that level of knowledge that should be bare minimum to be doing what we are doing. How regrettable it is that it never occurred to the Commission that its work would have profoundly benefited from at least a minimal study of democracy before setting out. Speaking only for myself I admit to how self-assured I was about my command of democracy. After all, haven't I been a diligent activist for over 40 years? Had I not been a lifelong reader of politics and philosophy? Haven't I spent the last dozen years in municipal civic affairs where I have been exposed to all manner of statute and rule? How, I thought, could I not know all that I needed to know about this subject of democracy? How wrong I was.Do we repress dissent for the sake of harmony? Do we exclude minorities for the sake of harmony? Should free speech be something that is bought? Jefferson tells us that dissonance is essential for democracy because it reveals our "misconceptions." His presumption is that if misconceptions are not revealed we go astray. Of course! How could we not? If minority viewpoints are not sufficiently powerful to temper the majority we lapse into tyranny. Thus the framers quickly moved to install the Bill of Rights.

    Now this most fundamental underpinning of democracy is on the table again as we tackle such issues as direct citizen control of their money and their electoral process. Do we base our local rules with the intent of conveniently preserving the status quo or do we design them to reflect the profound wisdom of democracy?---spoon agave





    ---
    spoon agave
    Government shouldn't run like a business
    Authored by: Maus Anon E on Tuesday, August 18 2009 @ 11:55 AM GMT+4
    How often have you heard that government should run like a business? Well if there's one thing that a democratic government shouldn't do, it's to emulate business. Businesses are autocratic. They don't take public input.

    There has been a move to make government less democratic, an effort by mostly well-meaning, business-trained, government employees (and volunteers.) While I understand they're sincerely tryhing to make government more efficienty, they're chipping away at our democracy.

    Obviously there have to be some contols on voter participation in representative government - not everything can be the subject of a public vote. But, in many ways, Brattleboro's current charter insulates government from voters.

    I had hoped the charter commission would take the position that the charter is there to serve the citizens of Brattleboro, rather than to serve government. The proposal to appoint the town clerk and treasurer serves government. I think your letter to the comission stated it well.

    Spoon, what do you think about the rest of the proposed charter changes? Do they serve voters, or government?

    ---
    We Rock!
    Details Please
    Authored by: SK-B on Tuesday, August 18 2009 @ 12:22 PM GMT+4
    It is refreshing, at last, to see a Charter Commission member opening up pubic discussion about the work of the commission. Previously what we have seen were mostly short, official announcements which said almost nothing.

    Spoon is a person with wide vision. His account describes the Commission as being divided between those who want the new charter to promote a democratic process in Brattleboro, and those who favor control by a small group. It would help those of us who are interested in what is going on if Spoon would explain the specific ways that this classical divide is playing itself out.

    What are some examples of proposed Charter provisions which are being discussed by the Commission which would favor democracy, and some examples of proposed Charter provisions which would promote rule by an elite?

    Details Please
    Authored by: cgrotke on Tuesday, August 18 2009 @ 01:12 PM GMT+4
    You can see the split to a degree in the agenda/notes that have been
    shared.
    Notes are obviously condensed, but things like:

    "Agave – IRV will encourage more people to run
    Elwell - IRV too complicated"

    ... might be an indication.
    The Shamanic Trace
    Authored by: spinoza on Tuesday, August 18 2009 @ 12:43 PM GMT+4
    I'm currently reading an essay of that title by Peter Lamborn Wilson that deals with precisely this, from a trans-historical perspective.

    The works looks at traditions of accumulation vs redistribution; the State vs Society, authority vs autonomy.

    It's a big and often dense work, but of great interest and insight for anyone wishing to ponder this from an age-old angle. It can be found in his collection;'Escape from the 19th Century, and other essays.'
    A Letter to Maus
    Authored by: larrybloch on Tuesday, August 18 2009 @ 02:35 PM GMT+4
    The Commission has agreed to recommend the following proposed
    changes in Articles I and II of our Town Charter.

    Please note that on most of the proposed changes the vote was
    unanimous or in a couple of cases nearly so (not closer than a 6 - 2
    yes vote on any of the recommendations listed below)

    To add the following to the beginning of the Preamble (Article I):

    The Brattleboro Town Charter is a legal governance document
    designed and enacted to serve the needs of all Brattleboro residents
    by:

    A. Addressing the commonweal of all its citizens,

    B. Respecting the will of the people,

    C. Supporting individual rights,

    D. Funding public services,

    E. Requiring compliance with the Brattleboro Town Plan, and

    F. Encouraging public service and charity among its residents.

    Changes recommended in Article II include several technical changes
    that reflect current practices, correct spellings and /or punctuation and
    add clarification.

    We have added the word "Representative" whenever "Town Meeting"
    means "Representative Town Meeting.

    The more substantial recommended changes in Article II are:

    Section 1. Elected officers.

    B. 1. A Selectboard of seven (7) members elected at large, of which
    three (3) shall be elected for three-year (3) terms and four (4) shall
    be elected for two (2) year terms.

    2. Each year one (1) three-year member and two (2) two-year
    members shall be elected at large.

    Section 2. Manner of Election.

    C. All elections using the Australian Ballot shall use paper ballots to
    insure that a verifiable record of all votes taken is preserved and
    available for purposes of challenges to and recounts of votes.

    Section 8. Conflict of interest.

    No member of any town or town school district board, commission or
    committee shall vote on OR PARTICIPATE IN any discussion of any
    matter where there is a direct or indirect finanicial interest, or on any
    direct or indirect personal interest without the consent of the majority
    of fellow board, commission or committee members given in public
    session. (CAPS indicate proposed change).

    The Commission has agreed to recommend that our Election Day be
    moved to the first Tuesday in November. Language for this appears
    in different sections of the Charter depending on what office is being
    filled.

    Currently the Commission has recommended under a new Article V:
    General powers, duties and responsibilities of the town manager the
    following changes:

    3. The Town Manager shall appoint a properly qualified individual, to
    be known as the Town Clerk, who shall be a department manager
    responsible for keeping the official records of the town, including the
    records of the proceedings of all town meetings. In addition the Town
    Clerk shall: (other duties as is)

    4. The Town Manager shall appoint a properly qualified individual, to
    be known as the Town Treasurer, who shall be a department manager
    responsible for keeping the official financial records of the town. The
    town treasurer shall: (other duties as is)

    Note: The recent vote on this too was one sided at the time,
    including a YES vote by Spoon. The Commission's decision was
    supported by both our current Town Clerk and Town Treasurer.
    However the Commission may choose to revisit this decision and
    indeed any recommendation we initially draft. A significant part of
    our work is to bring forth our discussion more formally to the public in
    a series of forums and then to Representative Town Meeting next
    Spring so that we can benefit from those discussions and the ensuing
    feedback in order to create a final draft of recommended changes for
    the voters to decide upon.

    The Commission has agreed to recommend that the Selectboard shall
    report annually on the Town's progress toward the goals of the duly
    adopted Town Plan. (We have not reviewed the final language here as
    yet).

    The Commission is currently planning for its first Public Forum to be
    held on Thursday,September 17th from 7pm unitl 9:30 pm at the
    Marlboro Tech Center in Room 2 East. The event will be recorded for
    playback on BCTV. This Forum, as previously mentioned here, will
    cover four agenda items under the heading of Forms of Government.

    1) The Commission will present its recommendation that our current
    Town Manger/Selectboard form be maintained. We will discuss our
    research into alternative systems such as strong mayor and weak
    mayor and why we recommend no change. We will then ask for
    feedback from the public.

    2) and 3) The Commission will recommend expanding the
    Selectboard to seven members and changing the terms as described
    above. Discussion shall follow.

    4) The Commission has been researching Instant Runoff Voting and
    as of this writing is not ready to make a specific recommendation. We
    may or may not make a recommendation by the time of the Forum.
    However, at the Forum we shall present an expert on voting systems
    who will describe IRV and its options in addition to welcoming
    discussion from the public.

    The Commission is currently conducting its second review of Article III
    of the Charter: Powers of the People.

    We have just begun to revisit this Article and expect the discussion to
    be lively. We plan to cover some of the Sections of this Article during
    our next two meetings. (our next meeting is this coming Thursday,
    the 20th at 6:30 at the Municipal Center in the Selectboard Meeting
    Room).

    However the priority of our agenda for the next two meetings is
    planning for the September 17th Public Forum.

    We welcome your input and feedback.

    Enjoy the day,

    Larry Bloch



    A Letter to Maus
    Authored by: sender on Tuesday, August 18 2009 @ 08:34 PM GMT+4
    This is a useful and interesting conversation. Let me throw out a few thoughts.
    I personally don't find it too useful to look at these issues as either/or. Either democratic or rule by elite, for example. Representative government is still democratic government. A basic principle is that people will only be bothered/able to be concerned about a certain percentage of issues that come before a governing body. Is it necessarily better for an issue to be voted upon by the public ( purer democracy) or by their elected rep's who may actually understand the complexity of the issues ( still democratic, but arguable less "pure")? The California experiment in easy-to-put-on-ballot-initiatives kinda brackets one side of this - IMHO, it hasn't worked too well. Yet, if you are going to have decisions made by elected officials, the public cannot feel too remote from them or feel powerless in the process. So, some kinds of matters require simple majorities; some matters require more; some require public voting; some don't.
    Boards on which i serve or have served take the view that it is the function of Board members, for the most part, to be informed on issues and members point(s) of view and vote with both in mind. members vote for those whom they believe share their vision for the organization.
    When folks start talking of "people v. elected elites", perhaps the problem is not the structure, but the electorate making poor/uniformed choices of whome will represent them.
    Not sure if any of this adds to the conversation.....
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