In this era, it sometimes seems that government is becoming deaf to the voice of the people. The Department of Energys (DOE) refusal to schedule local hearings on the National Interest Electricity Transmission Corridor designation, which could allow power line companies to run roughshod over local property owners, is a case in point. It was therefore particularly refreshing to hear that the Tusten town board had decided to refer the controversy over Rally New York to the voters.
Whether or not this road rally event should continue to be held on the roads of Tusten is a subject of lively disagreement, and one group of people will wind up unhappy no matter what is decided. But the lesser evil would surely be to see to it that the unhappy group is the smaller one. And whichever side youre on, the question asked by Rally New Yorks Clerk of the Course Ivan Orisek, when bombarded by townspeoples criticisms, Is there a way to make this stop? was out of order. For residents to state their opinions and preferences about what is happening in their town is called democracy, and youre not supposed to stop it. Not in this country.
Unfortunately, as detailed in the article on page 2, New York State statutes apparently limit the subject matter of referendums to issues related to the organization of government and its laws. It is still unclear whether the board will schedule a public hearing on the matter, or simply make a decision without further input at their meeting on June 11.
This is not the first time citizens in Sullivan County have stumbled over the limitations that New York State law places on what referendums are possible. The same factor prevented the accurate tabulation of Sullivan County residents wishes with regard to siting casinos here. In light of these stumbles, one cant help wondering whether it might be worthwhile doing whatever is necessary—including changing the New York State Constitution—to make it possible for us to take a more direct role in governing ourselves with regard to issues that have a profound impact on our local quality of life.
The desire to hold a referendum rather than let elected representatives decide some matters need not mean we dont trust those representatives. It can be, as it appears to be in this case, a matter of finding the most accurate and comprehensive method of letting our representatives know what we want. The Tusten town board made it clear that they had no axe to grind on the issue by agreeing unanimously to put it to a public vote, which would have been the most accurate way to communicate the will of the people. Failing that, we believe a public hearing is the best available alternative, and hope that the board goes ahead with one. But even a public hearing, to some degree, will leave town officials guessing at the townspeoples choices on this issue—and if they guess wrong they may, rather unfairly, be penalized at the next regular election.
Referendums are not a panacea, and there are reasons why this nation is organized as a representative rather than a pure democracy. Elected representatives can devote more time and focus to issues of government, can take a longer view and keep a steadier hand on policy than volatile public opinion. To open every public issue to the possibility of a referendum would just result in chaos.
But as noted, New York State law already allows referendums on some matters. It might be worth taking a look at broadening the permitted list, even if not expanding it infinitely. One approach would be to define a set of procedures for calling a referendum that would legitimize it. A situation like this, in which town officials can agree unanimously on the desirability of calling a referendum, might be a case in point.
However things might change in the future, as things stand the citizens affected wont get to vote on whether Rally New York should continue to be held in the Town of Tusten. The best we can hope for is a public hearing. If, as we hope, we get one, those who care about the outcome of this issue must be sure to attend it. Likewise, it is vital that those who oppose the New York Regional Interconnect power line attend a meeting Hinchey has scheduled in Lake Huntington to let us voice concerns to which the DOE has closed its ears (see News Briefs, page 2). Even when the law, or policymakers, put obstacles in our way, we must use the means at hand to make sure our voices are heard.
Referendums
Do you think New York law should be changed to permit referendums on a wider variety of issues?
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No one should be against sensible, thoughtful development, but last December the Town of Bethel approved across-the-board one-acre zoning, contrary to the recommendations of the comprehensive plan for the towns growth, which advised a mix of one-, two- and five-acre lots within the various zoned areas. This action has effectively opened the door to high-density developments that can potentially destroy the charming rural character of the town.
Since Bethel, from its past as a landmark in American cultural history, to its new and exciting incarnation as home to the Bethel Woods Performing Arts Center, is Sullivan Countys most important tourist destination, perhaps the powers-that-be should better understand the value of preserving its widely documented and recognizable pastoral setting.