Thursday, March 22, 2007

Legal Defense Fund?

We caught this news on the township's official website under the "news section."
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BOARD OF SUPERVISORS ESTABLISH LEGAL DEFENSE FUND

By Board Resolution, Forks Township will now accept voluntary contributions to a Legal Defense Fund, which will be used for our legal costs of defending the Townships' ordinances and policies against legal challenges. The Board shall have sole authority and discretion in using these funds and will have sole control and authority over the conduct of all such litigation. All contributions must be made payable to the Township of Forks with an appropriate notation that the funds be placed in a separate fund entitled "Legal Defense Fund".
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On the surface this seems like a pretty good idea. We have some questions though.
  1. Will the money be used evenly for challenges to ALL ordinances and policies or just select ones? The obvious concern here is that if used selectively, the intensity of say a citizen's challenge may be compromised depending on the amount of resources devoted to the challenge between the township's budget for legal fees and the money available in this new legal defense fund.
  2. How, and who will protect the integrity of these donations? In other words, using the example of our challenge to zoning ordinance #298, *IF* a party who would financially benefit from the challenge to #298 being struck down donated significant money to this legal defense fund, would that be an ethical donation?
  3. What if one developer wanted to block another developer and "donated" a lot of money to the legal defense fund and there were no other current challenges in process. If the town used this money to fight the proposal, would this be proper?
  4. Will the challengers to ordinances and policies be notified that in addition to the township's budget for legal fees being used to fight them that this legal defense fund money will also be used?
There are probably other questions and concerns, but for now, this is good food for thought. This scenario also reminds us of the argument about "soft money" being used in political campaigns.

Perhaps a good solution is for the Board of Supervisors to appoint a three member independent commission to monitor the donations and activity of this fund. This commission should have NO ties to ANY Board member or current group within the township and should report their findings to the public on a quarterly basis.

Based on our population and demographics, we are confident that there are enough privately employed accountants, auditors and attorneys who would be willing to perform this simple yet very important task.