An open letter to Sun City residents:
I recently received a cease and desist order sent from the law firm of Novitz, Shifrin, Nesbit on behalf of the Sun City Community Association of Huntley, Inc. It demanded that I stop writing articles in the Sun Day newspaper about our open board meetings. Otherwise, the letter went on, the association would be advised of its legal rights regarding the matter.
Note from the editor: Though I’ve never been given a solid explanation behind the board’s decision to issue a cease and desist order to Dwight Esau, throughout my communication with Kovitz, Shifrin, Nesbit representatives, it’s been expressed that there were concerns over editorial accuracy and distribution to locations outside Sun City.
First, the Sun Day has never failed to print a correction or clarification. If we presented any inaccuracies in our reporting, all the board had to do was issue a correction, and we would have ran it. In fact, in the November 20, 2014 edition, the Sun Day printed several corrections issued to us by former Executive Director Lauren Lee. The board issued no corrections or clarifications on editorial content leading up to the cease and desist order or their sudden lack of communication.
Second, due to the carrier routes through which the Sun Day is delivered, the Sun Day barely circulates outside Sun City.
I have been associated with the Sun Day newspaper since it began publishing in the community in early 2010. I have been a journalist, publisher, and communicator for a variety of for-profit and non-profit organizations for more than 50 years. My current part-time work, for which I am financially compensated, includes functioning as a contract reporter for an independent newspaper.
But I am writing to all of you as a fellow resident, and I am not being compensated for this submission.
The September 26 letter reads as follows: “As the attorneys for the Sun City Community Association of Huntley, Inc., we have been requested by the board of directors to contact you regarding the articles you have been writing regarding the association’s board meetings for the Sun Day newspaper. Your attendance at the board meetings of the Sun City Community Association of Huntley, Inc., is for the purpose of keeping you informed as an owner. The board is requesting that you cease and desist from writing these articles immediately. In the event you fail to comply, we will have no alternative but to advise our client of its legal rights in this matter…”
The letter states no reason for the demand, but it implies that I have a right to attend board meetings for the purpose of being informed of its activities, but I have no right to write newspaper articles about those same activities.
I have contacted some board members to obtain additional information about the letter, but phone calls have not been returned or the board member has declined to discuss the matter with me.
Some recent board matters have become controversial. Board and committee members have been unresponsive to repeated attempts by the Sun Day to obtain details of some of these issues. Phone calls to board and staff members have not been returned, and no responses have been received to emails requesting information.
All of this mocks recent board and staff claims that Sun City’s governing leaders have become more transparent. The board practices transparency to a point – with open meetings where residents can ask questions and comment, and by publishing agendas and minutes of meetings on the community website. That is a fine start toward transparency, but recent events have taken a bad turn.
I believe the Sun Day is an effective complementary publication to the association’s Lifestyles magazine. The Lifestyles does an excellent job of promoting the community’s clubs, activities, and facilities. The Sun Day publishes feature articles about residents and clubs, columns on subjects of interest to seniors, and reports on financial and policy matters coming from the board of directors and advisory committees.
I believe I represent all of you residents when I attend board meetings and write articles. This issue, and this open letter, are not about me; they are about you. The letter was addressed to me, but its impact could affect all of you readers out there.
Sun City is a private organization, not a tax-supported municipality. Our board is not subject to any state or federal laws regarding disclosure of information or transparency.
But I believe the community’s governing leaders have a responsibility, and accountability, to residents to provide a greater amount of full disclosure. Failing to cooperate with the Sun Day and threatening to stop us from our information-providing services is not right, makes no sense, and is bad public relations.
The board uses funds provided by all of us to conduct its business. The annual budget created and managed by the board is funded almost entirely by resident property assessments. I believe this means that the board has a responsibility to inform residents about how these funds are spent and what benefits they provide. In exchange for promptly paying our assessment bills, the residents have earned the right to expect full disclosure.
The law firm’s letter, and the board’s recent access-blocking efforts, are a step backward from the many good things the board has done in the past.
Dwight Esau
Neighborhood 10
15-year resident of Sun City
4 Comments
Dear Mr. Esau,
As far as I can tell, your reporting of the activities of our board of directors has been accurate and even handed and let us know what was going on in the board meetings. I can’t help but wonder what the current board is trying to hide with their underhanded tactics. The rest of us appreciate all your efforts.
Marilyn Sieck
Neighborhood 25
10 year resident of Sun City
I believe the reason the board does not want people to be aware is a cause for concern. Thank you Mr. Esau for your time and your considerations to the people of Sun City.
Not exactly sure why the current board wants things kept under wraps, and the residents of Sun City kept informed. Perhaps it is the “ego” of some board members, who do not want their actions in print. Perhaps they have things going on they do not want us to know about, which would be cause for concern. The published minutes of meetings can be one or two line items and therefore not really disclose what is really going on. With the letter from the law firm to ceast and desist, it truly bothers me that they are trying to hide things. I would think they would want the people in Sun City to know all the things they are doing, but this action is probably the result of one or two “ego” driven board members who don’t want anyone knowing the full scope. I think the residents of Sun City deserve to be informed on how their money is spent. This smacks of back room politics, and the residents need to demand this stop. Who authorized the legal letter….that is the person you need to replace.
(Not for publication)