[NENA] Mailing list and communications

Mon Mar 17 15:06:15 CDT 2008

I want to read the questions before you begin your survey.

Maxon Stuart B Contractor AFOTEC/A3Z <Stuart.Maxon at afotec.af.mil> wrote:  
Paul,
Thank you for your thoughtful discussions...You have motivated me to actually sit down and read city and association documentation related to NENA membership and voting.

I am confused...From my discussions with Lisa we determined that membership in NENA is not optional...All who reside within the physical boundaries that define NENA are considered members of the association...But it seems that there are two categories of members...

Association By Laws do not explicitly state that all within the boundaries are members...They simply say:

Section 1. There shall be two types of membership in NENA - regular and business. 
Section 2. A regular membership shall be limited to adult residents and/or property owners within the boundaries of NENA.

However...The fifth one seems to infer that all are members and that they fall into two categories...voting and non-voting...

Section 5. All members whose dues are current shall be entitled to vote at any general meeting of NENA called pursuant to these by-laws.

Although I did see several references to "dues-paying members" in the City Code I did not see any reference directly connecting the payment of dues with the right to vote...Is voting in association elections and on association issues really contingent to paying association dues?

I am not a lawyer, but I believe this violates constitutional law...In civic matters, directly connecting the payment of money, with the right to vote, is considered a poll tax...In 1964 the 24th Amendment to the U.S. Constitution disallowed the poll tax as a prerequisite for voting in federal elections. In 1966 this prohibition was extended to all elections by the U.S. Supreme Court, which ruled that such a tax violated the "equal protection" clause of the 14th Amendment to the Constitution.

Secondly, can the association ethically present positions to the city and claim they represent the views of non-paying members if they were not allowed to vote. Given the current state of the association (less than 6.6% are paid members) this is clearly a tail wagging a dog...If the association is sued for its position, as it might have been in the Daskalos development delay case...or someone claims their access to emergency services is delayed because the Barstow bridge was not built... Does my non-vote and/or non-participation status entitle me to share in the liability? What a dilemma...

So...low member turnout for votes is not due so much to lack of information or involvement...It's due mostly to the lack of an ability to vote...interesting

To solve both problems, NENA should Amend the By Laws to disassociate the right to vote from the payment of dues.

One question...Are non-voting members allowed to request General Meeting agenda items? If so...I would like to request a presentation of the Barstow bridge talking points. I plan to survey those most affected by the Barstow bridge position. I will focus on all developments north of the arroyo up to Florence, and ¼ mile to each side...In conjunction with the survey I will invite them to attend the next general meeting meeting...Since they have the most to lose in this proposition, it will give your advocate a chance show them what they will gain in exchange. With their buy-in, we can move ahead in confidence. (Don't worry...in the worst case, it will simply pit all the north non-voting members against all the south non-voting members...HA!)

Maybe we can leverage this issue into a huge membership dues drive... 

You might also pass on one must fix typo in the By Laws...ARTICLE X - MEETINGS 
Section 4. No election shall be held at a meeting of NENA unless the meeting is advertised as noted in Section 2 above.
I am quite sure that it should read..."as noted in Section 3 above."

Respectfully,

Stu Maxon

-----Original Message-----
From: members-bounces at noreste.org [mailto:members-bounces at noreste.org] On Behalf Of Paul Grunwald
Sent: Thursday, March 13, 2008 6:07 PM
To: 'NENA'
Subject: Re: [NENA] Mailing list and communications

Apparently I was not clear in my last message. There are not 1800 members.
There are 1800 homes within the boundaries of NENA enabling a potential
membership of 1800 families plus homeowners and businesses. Membership as
well as serving on the board is voluntary. 

The answer to the majority of your questions can be found in the following
locations:

Nor Este Charter & Bylaws
http://www.noreste.org/index.html#charter

Neighborhood associations are governed by the Office of Neighborhood
Coordination: http://www.cabq.gov/planning/nbrcoord/, specifically the
Neighborhood Recognition Ordinance, also known as O-92-5 found here:
http://www.cabq.gov/planning/nbrcoord/pdf/0NC-92.pdf

Communications are handled in a number of ways; please see the past minutes
of our meetings in the mailing list archives here:
http://noreste.org/pipermail/members_noreste.org/

The answers to the rest of your questions are either I don't know (such as
"Does our elected city councilman understand decision theory statistics?")
or the fact that this is a 100% voluntary organization. 

Can we expect your membership check and active participation in NENA soon?

-----Original Message-----
From: Maxon Stuart B Contractor AFOTEC/A3Z
[mailto:Stuart.Maxon at afotec.af.mil] 
Sent: Thursday, March 13, 2008 8:02 AM
To: Paul Grunwald; NENA; Nor Este Neighborhood Association Board
Subject: RE: [NENA] Mailing list and communications

Mr Grunwald, Thank you for your service...I am intrigued...

My observations...Please correct me if I have misunderstood...
-NENA has 1800 member households
-NENA is the most influential association in the city
-6.6% subscribe to the e-mail and NENA website
-Less than 6.6% pay their voluntary dues
-Around 1% attend the quarterly meetings
-Positions are formed by a democratic vote of members present
-NENA does not use consensus tools ... petitions or surveys
-NENA positions are presented in various city venues
-Members who attend NENA meetings feel the decision process is adequate

Questions...
-How are all members (1800) informed of meeting agendas?
-How are all members (1800) informed of impending votes? 
-How are non-participating members (1782) informed of final positions?
-Once a position is cast, is there a mechanism of appeal?
-Is there ever an issue that NENA feels is too big for the 1% to answer?
-Does our elected city councilman sometimes act on NENA positions?
-Does our elected city councilman understand decision theory statistics?

Think briefly and honestly about our answers...

NENA represents a significant population of business owners, managers,
scientists and engineers...How we answer, may explain why many are
absent...

-----Original Message-----
From: members-bounces at noreste.org [mailto:members-bounces at noreste.org]
On Behalf Of Paul Grunwald
Sent: Tuesday, March 11, 2008 11:56 PM
To: 'NENA'; 'Nor Este Neighborhood Association Board'
Subject: [NENA] Mailing list and communications

Dear NENA Members and Board,

We have had more traffic on this mailing list in the last few days than
in the last year. That is what the list is for - thank you all for your
thoughts and time. We are investigating adding a discussion forum to
the website to take discussions offline but it will take a few more days
to implement that feature. If the email traffic from the mailing list
is unwanted, you have a couple of options. Option 1 - set the mailing
subscription to digest mode. In digest mode you will get one email a
day with all the messages. Option 2 is to unsubscribe. 

Both options for your subscription can be set here:
http://noreste.org/mailman/listinfo/members_noreste.org

There is a button at the bottom of the page labeled "Unsubscribe or Edit
Options" where you can manage your subscription.

---------

I have one other thought about the recent discussion. We have 1800
homes in the area bounded by NENA. There are 119 subscriptions to this
list. There are even fewer paid members today. That said, NENA is a
legal entity as recognized by the city with binding bylaws & charter as
well as a being 501 C3 organization for tax purposes. 

Just because people choose not to participate or join does not
invalidate the legitimacy of the organization in just the same way as
someone choosing not to vote does not invalidate the legitimacy of an
election. NENA does speak for this area and is actually the largest and
most influential neighborhood association in the city. NENA has done
more to control and manage development in this area than any other
organization in the city. Ask some of the developers and cell phone
companies that have tangled with us...

If you do not like the position that NENA is taking or may take, get
involved, get your neighbors involved and participate in the
organization and issues. Everyone who has been involved in NENA has had
a single goal - the quality of life for this entire neighborhood. As a
group, we can direct and guide how this area develops in real and
practical ways for the betterment of all. Please continue to
participate!

Best regards,

Paul Grunwald

VP Manor

Treasurer

Webmaster

Past President

_______________________________________________
Members mailing list
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_______________________________________________
Members mailing list
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http://noreste.org/mailman/listinfo/members_noreste.org

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