From the
information provided, it seems that both Thomsen and Wolpert acted appropriately. (Disclaimer: Wolpert is a friend and
neighbor.) Thomsen correctly pointed out
the applicable law and judicial precedent.
Wolpert reviewed the information and made the apparently correct
decision to recuse himself. I have no
problem with the way either acted under the law.
And yet the
result is absurd. Wolpert has based his
career on a sustainable approach to land use.
It was his career experience that led to his appointment to the Planning
Commission.
If writing
the letter to the City Council had been the problem, I could just simply say that
Wolpert made a mistake in putting fingers to keyboard. But the email from Thomsen makes it clear
that the problem wasn’t the letter, it was Wolpert’s beliefs. The letter only provided tangible evidence of
his beliefs. He was asked to recuse
himself because of the conclusions from a lifetime of study and experience that
led to his appointment to the Planning Commission.
To highlight
the absurdity of the situation, let me offer a simplified two-sided model of
how land-use decisions are often viewed.
The situation on which Wolpert offered his thoughts is typical of proposed
projects and can be described as a walkable urban versus drivable suburban
perspectives.
Both
perspectives value employment opportunities and increased tax revenues. And both perspectives value good design. But they differ in how they weigh the
factors.
In this
simplified model, when presented with a project that is more suburban in
nature, urban advocates are likely to argue that the project doesn’t meet
acceptable design standards and should be modified or rejected. And they are likely to quote urban design
standards as the basis for their position.
This is the position that Wolpert took and it resulted in the
encouragement that he recuse himself.
This doesn’t mean that urbanists don’t care about employment or tax revenues. On the contrary, they care very much. But they believe that urbanist projects, with greater walkability and transit-friendliness, and less reliance on private cars, are more likely to thrive over the longer run. They are willing to trade immediate benefits for more sustainable solutions for the next generation and the one after that.
On the other
side, suburban advocates are likely to argue that the immediate jobs and tax
revenues outweigh the design aspects. In
many cases, I would disagree with that position, but it’s their right to
believe that.
And yet
there is a looming dichotomy. We have this
example of a Planning Commissioner recusing himself for having urbanist
beliefs. But when was the last time that
a Planning Commissioner was asked to recuse himself or herself because of a
belief in immediate jobs or tax revenues?
From my experience, the answer is never.
Think about that. Sincere
urbanist beliefs are grounds for recusal.
Sincere suburbanist beliefs are not.
That’s jaw-dropping.
I’ve earlier
argued in this blog that there are numerous
institutional biases against urbanism. Until this issue arose, I hadn’t realized
that recusal standards could be one of the biases. But now it seems clear that urban advocates
are more likely to find themselves forced to recuse themselves than are
suburban advocates. And that’s just
nuts.
Once again,
no criticism is intended of either Wolpert or Thomsen. Both seem to have followed the law correctly.
Instead, it’s a criticism of all of us,
myself included, who allowed the law to evolve to a point where urbanists must
recuse themselves for having heartfelt and sincere opinions. I’m unsure where to start, but it’s a
situation that must be changed.
Local note:
It has always struck me as odd for a community to put too many of their hopes
on the athletic prowess of 12-year-olds.
However, having recently returned from a week-long tour of minor league
ballparks where my friends and I were cheering for 18- and 19-year-olds,
perhaps I don’t have a leg upon which to stand.
I’ll be watching the Petaluma National Little Leaguers over the weekend
and rooting for them with full enthusiasm.
As always,
your questions or comments will be appreciated.
Please comment below or email me.
And thanks for reading. - Dave Alden (davealden53@comcast.net)
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