Fall 2004 Edition          

Trouble In Paradise   A discussion with Radburn residents elicits glowing comments about their community, but deep and growing frustration with the secretive nature of the Board of Trustees, its closed nominating process, and the lack of access to community's records.   In some ways, the Radburn Association has more powers than the borough of Fair Lawn. Before homeowners can build an addition, hang up shutters, or even paint their doors -- they first need approval from the Radburn Association's Board of Trustees. The Association has numerous other rules, including what kind of outdoor furniture you can own, where you can grow vegetables, and when you can hang clothes out to dry. In addition to their local real estate taxes, homeowners in Radburn pay over $1,000 per year. In return, the residents praise the close knit community's extensive recreational programs, swimming pools, luscious parks, tennis courts, and miles of walking paths. See: Radburn, One of the Seven Wonders of Fair Lawn.   "I wouldn't want to live anyplace else", Ken Perlman says "but Radburn does need an open process of governance. The Board members are well-meaning and have a thankless job, but they seem to be running things as if they know what's best for Radburn without soliciting input from the residents. It's an attitude of don't worry, we know what's best for you." Adam Feinberg said "Clearly, the Board is not as open as it should be or needs to be."   Although, Radburn acts like a government, it is run like a corporation. A former member of Radburn's Board of Trustees, Michael Roney says that that there is a lack of accountability to Radburn residents. "Every level of government in this country is more transparent than the Radburn Association. Radburn's Board acts with too much secrecy. We need to make significant structural changes in the way the Radburn Association works. They can raise our dues, close a pool, or end recreational programs, without even consulting with the residents", Roney says.   All proceedings of Radburn's Board and its subcommittees are considered closed sessions. Board members are encouraged not to talk about their meetings and the discussions, according to Roney. "They are told again and again that 'nothing leaves this room.' Given the fact that the Board needs to hold free-ranging brainstorming sessions and frank discussions to deal with issues, this can be justified up to a point, but this code of secrecy clearly has been abused", Roney says. "The Board has kept certain things secret that it shouldn't. Major decisions need to be discussed with Radburn's citizens."   Many residents want to see fundamental changes in how Radburn has operated for the past 75 years -- a more open process, similar to local government procedures. Janice Pessar, an architect in Radburn, has represented clients before Zoning Boards and Planning Boards (which are open to the public) and before the Radburn Association. She said "The Radburn board members are well-intentioned and civic-minded people. But, I think it would be even better if their meetings were opened up. That would accomplish two things: First, people in Radburn would have more of a voice. Second, residents would see that the Trustees are not a group of sinister anarchists secretly scheming our destruction."   Residents have also asked for procedures to ensure that Board members and the Radburn Association's manager do not have conflict of interests. "To my knowledge there are no checks. I don't know of any formal mechanism to monitor conflicts of interest", Roney says. It presents an appearance of impropriety, even if one doesn't exist."   Numerous Radburn residents have expressed their frustration that they are not able to access Radburn's records. Roney says, "Even as a former Trustee and Member of the Radburn Association, I can't see contracts. I can't see minutes of meetings. There are no guidelines on what documents will be made available to citizens; that is determined on a case-by-case basis."   Another Radburn resident, Maureen Moriarty, says "I was surprised when Radburn citizens asked the Radburn Association for copies of the environmental reports regarding Daly Field contamination and they were refused. These reports are public information. The state Department of Environmental Protection was more than happy to send them to me. This kind of behavior elicits suspicion."   Eric Lansey, a current Board member says "the Trustees are truly dedicated to doing the right thing." Roney says "My hat is off to those who serve on the Board. They are putting in time and contributing their skills without pay, and I believe that they're working in good faith, doing what they believe is best for the community.   "People have different values and the Trustees aren't hearing them", Roney says. "There's a core group on the Board that has served over and over again. For major issues that affect everybody, and certainly those that involve millions of dollars, the Board has an obligation to seek more opinions and open up their meetings. They need to go directly to the community to solicit opinions. Otherwise, they don't know how the community feels and they do not get all sides of an issue."   One Radburn resident, Todd Malkin, is a professional property manager. He says "I have never seen such a haphazard dictatorial system".   Professor Steven Johnston, a New York City urban planning professor, recently took his students on a tour of Radburn. He showed them the innovative and influential design of the community. But, he said the way the Radburn Association "operates is a travesty. There should not be such a concentration of power in the hands of such a few people. I once met Charles Ascher (the lawyer who wrote the deed restrictions for the Radburn Association). He struck me as a decent and democratic person -- not likely to have set up the self-perpetuating oligarchy that seems to be functioning now.   Roney says "The first time I visited Radburn, I was delighted by the parks and the overall concept. It's an island of beauty buried in the Jersey suburbs. My daughter says that growing up in Radburn was like living in paradise. Because the Radburn lifestyle is so precious, we need to be really careful with it."   Amy Sutnick Plotch said "Radburn has been a wonderful place to live for 75 years because generations of trustees (including the current ones) have been preserving all the special qualities that make it unique. But Radburn will improve if it operates more openly and inclusively. There are many talented people who would like to contribute more to their community. Their energy and ideas could make Radburn better than ever.   Moriarty said "The majority of Radburn residents want the Association to be more open and inclusive and I am committed to making that happen."   How The Radburn Association is Governed   The Board of Trustees has nine members. Six are elected by the residents (in rotating three-year terms), two are appointed annually by the Members, and one is the annually elected President of the Radburn Citizen's Association.   There is a misconception that all residents are Members of the Radburn Association, but they are not. Only current and former trustees are life-time Members. The Members (whether or not they live in Radburn) must approve the annual budget at their annual meeting in December. The Members can also change how the Association is run by amending the by-laws (that requires 2/3 of a member's quorum). However, with a simple majority vote, the sitting Trustees can then over-rule any amendments made by the Members.   There have been changes in the past. In 1929, there were no residents on the Board of Trustees; they were all officers of the company that started Radburn (the City Housing Corporation). In 1938, Radburn's Citizens Association lobbied for more representation and in 1940, the Radburn residents gained greater power in selecting the Board members.   The Process (That Few People Know About) on How Radburn's Board Members Are Chosen   "Every year, the Board of Trustees decides who the new members of the Board are going to be. You can't just run for the Board", Roney explained. "You have to be sponsored and selected by sitting board members. The nominating process is not open. All nominations come from within the Board. The Trustees and the manager of the Radburn Association decide who is qualified among those residents willing to run. Radburn's Manager (who is hired by the Board to manage the recreational programs and facilities) takes part in discussions about who will sit on the Board.   According to Roney, the Board and the Manager put the potential future Board members' names on a chalkboard and then whittle down that list to four people. Every October, Radburn residents are then sent a ballot with four names and are asked to vote for two of the four candidates.   "The four candidates are only supposed to discuss who they are and what they do for living, and what community work they have done", Roney said. "Their ideas for changing Radburn (such as expanding recreational programs, selling off land, or their long-term vision for the community) are considered political issues and they are off-limits for public discussion.   Roney says "I don't know how that got started. The nominating and election process as set by Radburn's bylaws is not open, but why shouldn't it be?" I think nominations should come from the community, not from inside the Board. We should encourage an open discussion of issues that affect all of us - even to the extent of having a 'candidates night' where major issues can be debated. Also, I think anyone who submits 50 signatures should be able to run. We need more representation. The Board is too insular and that has caused a lot of problems." Jack Ruthazer says "When I pay my taxes I have the right to vote as to who governs the town. When I pay my dues to Radburn I should have the same right."   Roney says "When I was on the Board, the Manager and the President of the Board counted the votes. The other trustees (including myself) didn't see the ballots. The Manager simply told us the names of the two winners. No one ever questioned the results. There was trust. Now, if I was on the Board, I'd want to see the ballots." What Happened When One Resident Asked For Specific Information   Radburn's Robert Gulack says: "The Board of Trustees has told us they have no legal obligation to share with us contracts and environmental information that couldn't be more relevant to our lives. But, even assuming (which is doubtful) that the Trustees have always been right about their strictly legal obligations, they're answering the wrong question.   The real issue is not whether there is a legal duty to share these documents. The issue is whether it would be wise, appropriate, constructive, and neighborly to make this information available to interested Radburn residents. And, if the Trustees continue to refuse to act in a manner that is wise, appropriate, constructive, and neighborly, and continue instead to balance themselves on tiptoe atop the narrowest possible letter of the law, how can they hope such arrogant and secretive policies will engender trust and good will?   They are certainly under no legal obligation to carry on like a high-handed House of Lords and keep everything secret from us. The Board acts like a rattled teacher in an unruly kindergarten, smashing down its ruler and telling us off. But we Radburn residents don't see ourselves as unruly children, but as independent and responsible adults who pay the bill for everything in Radburn and are interested in participating in the decisions that affect the future of our children and the value of our homes.   The remedy, as always in the American tradition of open and responsible government, is to trust the public with information."   FOR MORE INFORMATION    To learn more about Radburn, see the following:    Radburn:  One of Seven Wonders of Fair Lawn   Radburn's Early History (four part series)   Radburn Association's Web Site   Concerned Citizens For Radburn's Future