Farmers market: a private club?

By BOB ACKERMANN

Published on May 05, 2006

The view of Amherst from outside is often that it is a nutty and fractious community where anything and everything is subject to endless debate. It saddens me that our common bonds of humanity with others are missed. Amherst has its own sacred cows, that is, topics that are not the subject of endless debate, even if these are difficult to discern from the outside. In this column, I point to the Amherst Farmers Market, which opens this Saturday, as an example.

Those using the market may be pleased to think that the farmers market is where local farmers are supported by providing them a place to offer their products directly to the citizens of the town. This may not be a very accurate representation. The Amherst Farmers Market may operate more like an exclusive private club, membership in which is beyond the dreams and the means of many local farmers. This difference could easily be resolved by discussion of the relevant information that is supposed to be in the public domain, which is what doesn't happen.

Consider the March 27 Select Board meeting, at which the annual request of the market to use a town street for its operating venue was on the agenda. Technically, the market is a nonprofit organization that uses town property at a cost (loss of parking fees) to the town. Should there be any question, it would seem reasonable at the time such a request is granted for the Select Board to determine that the market operation is consistent with the requirements for nonprofit organizations. Among these are a transparent (and hence accountable) management structure, posted public meetings, and minutes of those meetings.

In the discussion of the renewal, Select Board member Hwei-ling Greeney stated that she had requested information about these requirements of the market so that she could refer those with questions or suggestions about the market to an appropriate point of contact. Somewhat later, she requested that the renewal be delayed for a week so that the full board (Anne Awad and Robie Hubley being absent) could consider the renewal, hopefully after its nonprofit data were available.

Both times, it was as though she had not spoken. Select Board member Rob Kusner, who was chairing the meeting, explored some ideas about Select Board involvement in expanding the market after the renewal was granted in response to a Mr. Levine, who appeared at the meeting to refer to some problems with the market that he had communicated to the board. Suddenly, a dramatic appearance by Isaac BenEzra, who had rushed from home on seeing the TV coverage of the agenda item, changed the tempo of the proceedings. BenEzra took the microphone to deploy what might be regarded as the Wal-Mart defense of the market, namely that its obvious success insulated it from any discussion or criticism.

Watching on TV, I was startled by this line of argument, the logic of which seemed to me equivalent to arguing that criticism of European fascism would have been inappropriate as long as the trains were running on time. But this seemed to hit the right note with the Select Board, which then quickly voted unanimously to renew the town commitment to the market, Greeney noting again her reservations about the lack of evidence that the market was in compliance with its nonprofit requirements.

The market may not be operating as a bona fide nonprofit because its affairs are, and have been for many years, run by the decisions of one person, who decides on participation, location, fees and the disposal of income from fees. At the same time, public objections are scarce, either because there is no foundation in fact for them, or because those with objections are afraid that public exposure would cost them any chance that they might have of ever finding a place at the market.

All of this could easily be resolved if the market would produce the required public information that Greeney has requested. Hoping to avoid another cycle of rumor, anger, obscurity, and silence, I wrote the Select Board shortly after the meeting, suggesting that the board take steps now to resolve the issues by formally asking the farmers market to produce documentation that it is in compliance with the requirements of its nonprofit status, and if the market is unable or unwilling to do that, to inform the market that it should take steps to establish its fulfillment of nonprofit requirements before next year, when it will again ask for the town to grant its operating venue.

As of this writing, the Select Board seems to have chosen not to have a public discussion of this until perhaps next year, when we may well be in the same dismal situation. Outside world, please take note.

Bob Ackermann is a retired professor.