Tuesday, July 22, 2014

Blog 9 The Oath of Membership Provision 3


FSTC Blog 9    Membership Oath                                                                       Provision   3

 

 

All new members sign the FSTC Oath of Membership.  It has just five provisions. 

 
[It must be noted that words can often have different meanings to different people and are therefore subject to interpretation.  The law in the United States is based on ‘case law’ because the various laws are subject to interpretation and the court cases refine and define the meaning.   This is my personal interpretation of the words of the Oath.]
 

Provision Three
“To work for the FSTC in whatever capacity I am able, to the end of bringing understanding to the citizens of the area and to the State of Alabama officials whenever possible, and to do so without regard for any personal or individual circumstances.”   

 
I have spent the last 18 months researching all I can about FSTC.  I have studied the FSTC charter and the legislative act that established FSTC as a ‘special purpose mutual benefit’ corporation under the laws of Alabama.  I have studied the sections of the Alabama Code pertaining to the FSTC and how it must operate in Alabama.  I read the IRS provisions for a 501c4 tax exempt corporation.  I have studied the Supreme Court decisions in the Rezner vs. FSTC cases that changed the way FSTC must operate. 

I have looked at the Alabama laws pertaining to leasehold interests and the responsibilities of fiduciaries to a trust.  I have read many old Fairhope Couriers and I have read Paul Gaston’s book about FSTC’s founder, E. B. Gaston.  I have scanned Progress and Poverty to refresh myself on Henry George theories.

I have tried to bring an understanding of FSTC and how it operates today to the members, the lessees, and the citizens of the area by sharing this knowledge through emails and through my blog site.

There are many members in good standing who do not attend FSTC meetings and do not even get the minutes of the meetings and have no idea what is happening.  Some don't even vote.  Are these members following the oath?

The first thing FSTC did when it was established in Iowa, before the founders moved to Fairhope, was to start a newspaper--The Fairhope Courier--which they owned for years. E. B. Gaston was the Secretary of FSTC and the editor of the Fairhope Courier for many years.  He eventually bought the Fairhope Courier and continued publishing it.   FSTC used the newspaper to promote an understanding of FSTC to the citizens of the area and the world.  The public was welcome to meetings. 

The Alabama Supreme Court ruled in Rezner vs. FSTC that "Also, with the exception of the right to participate in the governance of FSTC, the non-member lessees have the right to be treated with strict equality with members in "the distribution of benefits." They do not have the right to vote, but the have the right to be treated with strict equality with the members at least in the distribution of benefits.  To be equal in such they must have a voice. 

Now, no press is allowed.  Now, though it is not a provision in the FSTC constitution, the FSTC has declared that meetings are private.  No lessees.  No public.   How is that 'bringing an understanding' to the citizens of the area? 

The FSTC Colony is supposed to be a 'model community.’  Is it a ‘model community’  when the people who make up the community, the lessees,  are left out of all decision making and cannot even attend meetings?

My blog can certainly not take the place of open meetings and press in attendance, but I do hope it can bring some understanding of FSTC to interested people everywhere. 

 



 

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