"All political power is vested in and derived from the people; all government, of right, originates from the people, is founded upon their will only, and is instituted solely for the good of the whole." -- Colorado Constitution, Article II, Bill of Rights
"The cure for the ills of democracy is more democracy." -- H. L. Mencken
"Throughout American history the most consistent theme in local governance has been the pursuit of growth; more people, more jobs, and more real estate development. Local democracy has been dominated by 'growth coalitions,' composed of individuals and enterprises with a direct stake in real estate development." -- Harvard economists and public policy professors Alan Altshuler & Jose-Gomez-Ibanez
TO: Jane Goldman, Peter Crowell, Linda and Don Orcutt, Bill Bottomly, Karen Connor, Marv Ballantyne, Lane Mills, Larry Sims, John Cossick and Mary Wood, Beth Gibson, Lynn Carretta, Regina Sowell, Shirley and Bob Jentsch and Mark Schofield
FROM: Kevin Williams
February 18, 2006
There are many people in the community who hunger for change, who want their voice to count, yet feel they cannot or do not know how to participate effectively. Some, but by no means all, of these people are involved in existing political or non-partisan organizations.
Every day decisions are made that affect our jobs and livelihoods, schools, health, families, and quality of life, and yet many people feel that they have no say in these decisions. Those people who do take the time to get involved often become so frustrated and disillusioned with the process that they become cynical or fall into despair, which are unhealthy attitudes for a democracy.
Nowhere is this frustration more evident than when it comes to dealing with the local "growth machine." (I am indebted to economist Harvey Molotch and author Eben Fodor for the growth machine analogy.) Montrose is the 18th fastest growing micro-politan area in the United States, and the growth machine threatens our locally owned businesses, our property values, our local agriculture base, our rural quality of life, our pocketbooks, and the natural environment.
People who profit from land speculation and real estate development power the engine of the growth machine. People outside and inside the community who have a financial stake in the growth machine impose their profit values over our human values.
The primary business interests are the real estate developers, mortgage bankers, realtors, construction companies and contractors and building suppliers. Support for the growth machine also comes from professionals whose jobs are directly connected with growth, such as city and county planners.
My intention is not to impugn the character or integrity of any of the participants in the growth machine, but to highlight the system of financial incentives that keep us on the path to growth.
A good local government can play a major role in developing responsible growth policies, but unfortunately many local governments are entwined with the narrow, special interests of the growth machine. I believe this is true of both the City and County of Montrose.
It would be instructive to analyze the membership of the city and county planning commissions and determine how many of their members either make a living from or have a financial stake in growth. The same analysis is needed for City Councilors and County Commissioners.
For example, all three candidates running for District II in the Montrose City Council elections are tied to the growth machine: Bill Brougham is a real estate broker, Michael Clegg has a real estate license and Ed Ulibarri is a homebuilder. The control of local government by special interests is inconsistent with the principles of democracy.
Our regulatory system is rigged in favor of the growth machine, with the government serving as the referee. We don't even dream of control, yet we call this a democracy. What the regulatory system regulates is citizen input, not the behavior of the developers and speculators.
It is predicted that Montrose could be as large as Grand Junction in 20 or 30 years. Rather than resign ourselves to the idea that this growth is inevitable, I believe we need to take steps now to move toward more sweeping, long-term structural changes.
What if we could unite the different people and groups in Montrose County concerned about and impacted by growth around the idea of using more democracy to control the growth machine? Can we agree that steps need to be taken to deepen, strengthen and restore democratic control of this community, and that taking such steps is not a choice, but a necessity if we want to protect our families, our lives and our community?
I am not suggesting that people or groups abandon the important work in which they are currently engaged, including efforts to strengthen and enforce the land use regulations that are on the books. But I am suggesting that we put aside our differences and strive to make the sum of our efforts more than the individual parts by working together on a "more democracy" platform.
In this spirit, here are six ways to use more democracy to control the growth machine in Montrose County, which by no means represent all the possibilities. I have included options that apply to the city and county because both are major players and neither one alone can solve the growth problems we face.
1. Amend the city charter to establish a constitutional framework for responsible growth: The City of Montrose is a home rule city, which is based on the principle that local citizens should have the right to decide how their local government should be organized and local problems resolved. The city has its own form of government which is set forth in a charter - basically a local constitution of sorts -- that was adopted on April 16, 1959.
The members of the original Charter Convention for the City of Montrose agreed "that the Charter must reserve to the people of Montrose the absolute right and power of self-government under the home rule provisions of the [Colorado] Constitution," including the "direct democratic techniques of initiative, referendum and recall."
Home rule cities have considerable protection from state interference in their affairs, except where the courts determine that a matter is of statewide concern, and then state law prevails over home rule authority. (Corporate interests often play the "statewide concern card" to trump local authority.)
The charter may be amended by one of two methods: (1) a petition of five percent of the registered electors of the municipality for a regular election, and ten percent for a special election, or (2) an ordinance adopted by the governing body submitting the proposed amendment to a vote of the registered electors of the municipality.
A new article on responsible growth added to the City Charter could cover a range of provisions. For example, it could:
The city charter could also be amended in other ways to restore democratic control. For example, a group in Humboldt County, California has collected over 7,600 signatures in support of a proposed ballot initiative that would prohibit out-of-county corporations from contributing to any Humboldt County campaigns, including candidate campaigns, initiatives, referenda or recalls. Imagine what we could do if we not only believed in but acted on the idea that "all political power is vested in and derived from the people."
2. Place one or more responsible growth ordinances on the ballot at the city level: The City Charter provides for the direct democratic techniques of referenda and initiatives. Any proposed ordinance may be submitted to the City Council based on a petition signed by at least 5% of the registered electors in the city on the date the petition is filed. The Council must either pass the ordinance without alteration within 30 days of receiving a Certificate of Sufficiency from the City Clerk, or call a special election within 60 days unless a general municipal election is fixed within 150 days thereafter.
This provision in the city charter has been used by citizens a number of times in recent years, including the failed attempt in 1998 to place a limit on the size of big box retail stores, and the successful attempt in 2001 to pass an indoor smoking ordinance. There's no reason why it shouldn't be a well worn tool in the "more democracy" tool box.
3. Mount a campaign to convert Montrose County from a statutory to a home rule county: Under the Colorado Constitution, the registered electors of each county of the state have the power to adopt a home rule charter establishing the organization and structure of county government. In brief, the process includes these steps:
1. A request for a charter commission must be made, either by
a resolution of the county commissioners or a petition of not less than 5 percent
of the registered electors of the county.
2. Once the request is made, an election is held to determine whether or not
to form a charter commission. At this election voters shall also cast ballots
for electing the requisite number of charter commission members (11 in counties
having a population less than 50,000).
3. The board of county commissioners is authorized to establish a special county
charter fund and establish a mill levy to pay for the expenses of the charter
commission.
4. If a majority of voters agree to form a charter commission, such a commission
will meet and develop a proposed charter.
5. The proposed charter shall be submitted to the board of county commissioners
who shall then call a special election, to be paid for from the special county
charter fund.
6. If a majority of those vote in favor of the adoption of the charter, the
said charter shall become effective January 1 of the succeeding year or at such
other time as the charter may provide.
There are advantages and disadvantages to taking Montrose County home rule, and much more discussion and thought is needed before undertaking such a drastic step. One advantage is that a county charter - or local constitution -- must be adopted which could include an article on responsible growth or other pro-democracy provisions similar to those described above for the city charter.
4. Place one or more responsible growth ordinances on the ballot at the county level: For years my assumption had been that citizens do not have the power and authority to place an initiative on the ballot at the county level. However, thanks to research by Lane Mills and the concurrence of County Clerk Carol Kruse, that apparently is not the case.
Under Colorado law the procedures for placing an issue or question on the ballot by the referral of a board of county commissioners or a petition of the electors of a county follow the procedures for municipal initiatives and referred measures. (see CRS 30-11-103.5) Those procedures, in brief, are as follows:
There is currently a group of local residents (including yours truly) that is using these procedures to place an initiative on the ballot that would do four things. It:
Again, as with the initiative provisions in the city charter, there's no reason why county residents should not also exercise this democratic right more often.
5. Undertake a campaign to replace members of the City Council, County Commissioners and/or City and County Planning Commissions who have a direct financial stake in growth: In Pennsylvania, a grassroots group formed last summer called Operation Clean Sweep (OCS) to challenge incumbent elected officials. The group, which coalesced when state legislators voted themselves a huge pay increase, is not affiliated with any political party. Eighty-one OCS candidates of all political persuasions (Democrat, Republican, Libertarian, etc.) kicked off campaigns for the Pennsylvania House and Senate on January 30, and they have all signed the following declaration:
I, the undersigned, hereby declare my commitment, upon election to the Pennsylvania General Assembly by the citizens of my legislative district, to sponsor and/or vote to enact legislation to specifically meet the following goals:
1. the repeal of Act 44, effectively returning compensation
for members of Pennsylvania's legislative, executive and judicial branches to
pre-Act 44 levels;
2. establishing a policy whereby all future compensation changes for Pennsylvania's
legislative, executive and judicial branches shall be subject to voter approval
by referendum; and
3. establishing a policy whereby no legislation in the General Assembly shall
be considered for final passage until the citizens of the Commonwealth have
been given no less than ten business days to review such legislation and provide
comment to their respective legislators.
I also declare that while my party affiliation and/or personal ideology may
differ from others who have signed or will sign this declaration, those differences
are far less important than the primary need to reform the Pennsylvania General
Assembly into a body which is more responsive and accountable to the citizens
of the Commonwealth.
I agree to meet all requirements set forth by the Commonwealth in order to qualify to appear on the ballot for the office listed below in the 2006 election year.
Finally, I declare that, upon taking the oath of office, the pursuit of the above stated goals shall take priority over all other legislative issues.
Could we mount a similar effort in Montrose County and field candidates for elected and/or appointed office who do not have a direct financial stake in growth and who sign a responsible growth declaration and agree to pursue this declaration as their number one priority? Obviously, a campaign to replace members of the city and county planning commissions would differ substantially from one to replace City Councilors or County Commissioners in that commission members are appointed, not elected.
6. Hire a public advocate for land use and planning: A public advocate (PA) could be hired jointly by the city and county to represent the public's interest in major land use decision making processes. "The public advocate helps to balance a process that is typically dominated by the developer's attorney and other hired consultants. Unlike most citizens, the PA can devote full time to public interest representation. The PA might be an attorney or professional planner who can bring a high level of expertise before the local council or planning commission. The PA can file testimony and present witnesses and other experts to develop a more complete record for a case. The PA can also serve as an information resources for citizens concerned about a development proposal." (source: Eben Fodor, Better Not Bigger).
One way to ensure that a public advocate for land use and planning would be accountable to the people would be to establish a Citizens Advisory Board composed of volunteers from the community who have no direct financial interest in growth to oversee and provide guidance to the public advocate. My response to the objection that this would cost money is this: if the city can spend hundreds of thousands of dollars to renovate Centennial Plaza, it can certainly afford to fund the lion's share of the budget for a public advocate.
In conclusion, I hope you find this paper of interest, that it stimulates your own thoughts about possible courses of action, and I look forward to more dialogue and conversations.
Kevin L. Williams - kevinleewilliams@gmail.com
PS: In thinking about the county's proposed revisions to its subdivision regulations, what if a clause was added to the regulations requiring that subdivisions must conform to the master plan? Conformity could be based on a set of criteria or thresholds such as:
Such an addition to the county's subdivision regulations would give the County Commissioners a much sounder basis on which to deny a subdivision based on non-conformity with the master plan.
"Growth for the sake of growth is the ideology of the cancer cell." -- Edward Abbey
"What is the use of a house if you haven't got a tolerable planet to put it on?" -- Henry David Thoreau
"There are two stages to the public policy process: too early to tell, and too late to do anything about it." -- Anonymous
"A sound economy requires development, that is, vigorous enterprise and a decent standard of living. But, it doesn't necessarily require growth, that is, expanded community size. A community might be compared to a human being. Human growth after maturity becomes cancer. When a town continues to grow after maturity, its cancer is manifest in many ways - higher taxes, environmental degradation, spiteful controversy, and loss of sense of community." -- Michael J. Kinsley and L. Hunter Lovins