Most people believe in democracy, the right of people to self-determine. Others accept the quote attributed to Winston Churchill: democracy is the worst form of Government except for all the others that have been tried. America is based upon an ideal that we have yet to live up to that our Government should represent the people.
The cost of elections makes it difficult for candidates to ignore the voices of the wealthy. Consider: Who attends $ 25,000-a-plate fundraising dinners? It’s not our neighbors. It costs millions of dollars to run for mayor, tens of millions for the US Senate, and hundreds of millions for president. Most of the money comes from Political Action Committees where wealthy people can give unlimited amounts.
Many people in Philadelphia and other cities attempt to counter the weight of money in politics by organizing groups, attending zoning meetings, lobbying elected officials, and providing a voice for the neighborhoods.
Like other cities, Philadelphia has found that to create checks and balances on the power of developers, it was necessary to give neighborhood groups “a seat at the table.”
Philadelphia created Register Community Organizations, RCOs, that are given rights to participate in neighborhood matters.
To ensure the groups do the best they can to represent the interests of their neighbors, RCOs must:
- Hold regularly scheduled, open meetings.
- Have leadership chosen by the organization members-at-large at regularly scheduled elections.
- Serve a geographic area that has no more than 20,000 parcels. (https://www.phila.gov/programs/registered-community-organizations-rcos/)
- Get advance notice of projects that will be reviewed by the Zoning Board of Adjustment or the Civic Design Review Committee.
- Organize and conduct public meetings where community members can comment on planned developments in their neighborhood.
- Get notified by the Philadelphia City Planning Commission (PCPC) whenever a:
· Zoning variance or special exception is requested.
· Development requiring Civic Design Review (CDR) is proposed.
RCOs, like all neighborhood groups, are not perfect. Most need more resources to be as successful as they hope. All are run by neighborhood volunteers. Over the last decade, the RCOs have stood up to developers, saved public space, and community gardens, and been heard on several important issues. Some RCOs have negotiated agreements with developers to make developments a better fit and accepted support for their neighborhood from the developers in what is commonly called Community Benefits Agreements.
RCOs have been so successful that they have come under attack in two ways.
Developers hit an RCO board with a “SLAPP Suits,” Strategic Lawsuit Against Public Participation. While many RCOs have liability insurance, insurance companies often cancel insurance policies or raise the price to an outrageous level after an RCO is hit with the SLAPP suit. The developer rarely believes it will win. The goal is to force the RCO to dissolve, board members to resign, or to agree to the development to escape the legal fees from fighting the suit.
Some states, like Massachusetts, protect community groups with laws. Its law “Allows a defendant who believes he has been targeted because of the exercise of his right to petition to file a special motion to dismiss early in the process.”
Unfortunately, there is little protection against SLAPP suits for us. According to the Reporters Committee for Freedom of the Press, Pennsylvania only has a narrow anti-SLAPP law that applies to individuals petitioning the Government about environmental issues.
Former Council President Clarke, before he left office, recognized the difficulty RCO’s faced in standing up to developers. Clarke placed the question on the ballot for this April.
“Should the Philadelphia Home Rule Charter be amended to require the City to provide for the indemnification and defense of registered community organizations in connection with claims made against them arising directly out of their lawful participation in the City’s zoning variance process?”
Those who want to ensure that neighbors are free to lawfully participate in zoning matters without the threat of being sued will vote in favor of the ballot questions. Those who believe developers should be able to use the court system to stop legal opposition will vote against it.
That is not the only challenge to the independence of RCOs. Recently, an RCO, South of South Neighborhood Association (SOSNA), has found that 1/3 of its board comprises people who work for a local developer and the local developer himself, Ori Feibush. Mr. Feibush and his employees say there is nothing wrong with their membership on the board. Despite Mr. Feibush’s past legal threat to force SOSNA to do his bidding, he says, “Who needs to take something over?” in arguing there is no conflict of interest or any impropriety with him and his employees controlling 1/3 of the votes on SOSA’s board.
Currently, what they are doing is legal. While other RCOs may take note, little can be done to stop a developer from running candidates for the RCO board. Candidates are not even legally required to disclose they work for a developer.
One SOSNA member, Dr. Linda Evans, believes the City should pass laws to stop developers from taking over RCOs. Watch Hall Monitor this Wednesday Night to hear what she has to say.
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