"Never attribute to malice what can easily be ascribed to incompetence."
Post-Star projects' editor Will Doolittle recently published a pair of pieces regarding the Adirondack Park Agency (APA) and two cases in the town of Black Brook.
(Part one is
here and part two
here)
The choice of Black Brook was unusual, as it's in Clinton County, far outside the
Post-Star's circulation area. The choice of Doolittle, who has a long history of publishing harsh anti-APA columns, to do a purportedly objective investigation into the APA was also questionable.
The title of part one: 'Under attack by the protectors.'
When I raised this issue, Doolittle defended his ability to be objective despite his point of view. Doolittle is a good journalist, but I maintain that an important, purportedly objective story about the APA should not have been assigned to someone with a open, public contempt for the APA. If the Adirondack Council's John Sheehan had done a purportedly objective report for the same paper on the exact same cases, its appropriateness surely would've been called into question too.
Anyways, Doolittle's first piece uncritically echoed claims by one of the aggrieved parties that the APA and Nature Conservancy were colluding but did not offer a shred of evidence to that effect.
North County Public Radio's highly respected Brian Mann further investigated some of the claims reported in Doolittle's pieces and came to a different conclusions.
Mann's research conclude that
'No, the APA did not conspire illegally with the Nature Conservancy'.
Additionally, Doolittle reported on a four year enforcement case by the APA on a John Maye, a former forest ranger and Clinton County landowner. The case dragged on but was dropped abruptly after a meeting between APA and Black Brook officials in which the latter accused the former of colluding with environmentalists.
The unwritten implication is that the threat of 'exposure' caused the APA to drop its patently unfair case.
Another piece by NCPR's Mann suggested otherwise. During the meeting, town officials shared a key piece of information with the APA rep. The APA claims that it was because they received that key piece of information that they dropped the case.
They claimed that Maye had refused to allow APA officials onto his property and failed to respond to APA inquiries. Both of these are his legal right but it's a bit dubious for him to then claim that the APA was prolonging the case simply to harass him.
I suspect Doolittle was guided, perhaps even subconsciously, to fail to ask the questions and investigate further that Mann did.
Mann wrote,
Will Doolittle has expressed a firm opinion about this episode. He thinks the APA mistreated the Mayes and was then suspiciously eager to drop the case.
For my part, I'm just not sure.
The APA had been asking for a chance to look at that foundation for four years and they finally got it. That's a significant fact.The accounts by Doolittle paint a portrait of a power hungry bureaucracy out of control, opposed only by heroic Clark Kent-like property rights defenders. Mann offers a more nuanced picture; his pieces reflect an agency whose real failings in the case seemed more about understaffing and general bureaucratic inertia.
And this perfectly illustrates the difference between pieces on the APA written by an openly anti-APA journalist and those written by one with no apparent agenda.
There are very real issues with the APA.
The fines it can impose should have a cap or at the very least, should have some kind of explicit structure. The Agency's defense of exorbitant fines ($2.9 million in one of these cases) is that it never actually collects the huge amounts; this is unpersuasive. Perhaps, fines above a certain amount can only be imposed by a court (see below).
There should be some legal obligation of responsiveness by the Agency to inquiries from property owners and municipalities. Perhaps there should be an independent ombudsman to address complaints where such responsiveness was not forthcoming or other unfair treatment alleged.
The APA board should comprise entirely full-time residents of the Park. Localities and counties should have some input into the Agency's staffing and board composition.
Most importantly, there should be some sort of judicial review available of the Agency's decisions, within the context of
state constitution's Article XIV ("Forever Wild"). The APA is described by some as the zoning board for the Adirondack Park. But most zoning boards have zoning boards of appeal and this one should too. One of the reasons for the very real resentment of some Park residents is that the APA is viewed as judge, jury and executioner. Judicial review would help alleviate this.
I believe in Forever Wild. And I believe that the APA should play an important role in maintaining this. The Agency has its faults and should be reformed. And Doolittle's pieces really did expose a few disturbing facts that should be a addressed. I believe that in trying to protect the little guy from abuse by a government agency, we shouldn't go too far and expose the little guy to abuse from big developers who can do much more long-lasting damage.
But
The Post-Star's inexplicable decision to assign this legitimate story to its most adamant anti-APA reporter to do this investigation was a journalistically indefensible, one clearly illustrated by the omissions that Mann revealed.
I urge you to read Doolittle's and Mann's pieces and judge for yourself.