Summary of effort for critical evaluaton of Peak Democracy program for Encinitas

This response was drafted before I learned that the city sent out the first questionnaire under direction of this company, making my objections moot; so it is posted on my website for reference for those who may have been attending to my effort to bring critical analysis to this purchase.  I include these links to essays on this company and the Open Town Hall program now adopted by this city. First is this one on some specific defects with many outside links.  Then there is this with a more general discussion: Peak Democracy a dangerous illusion in Encinitas

Ms Medford- Director of Communication

  City Council

From first watching  Mr. Michael A. Cohen's (the founder and spokesman for this company) long presentation with unrebutted facile assumptions, and the description of the internal staff process of evaluation, capped off by the misrepresentation at the meeting by the city manager that we had a one year contract ignoring that it is cancelable at any time with 30 days notice -- I realized that your trust in this company as expert trusted adviser in civic communications is misplaced.   

What follows immediately is in response to this last communication, that exemplifies the central specific and conceptual defects of this association. This product is being marketed by the sponsoring company "Peak Democracy" with the description "Open Town Hall"   This title of the product and the words of their promotional material define a relationship with city government that citizens may reasonably rely on that is not negated by your language in the email attached, including that participation is "voluntary."  Of course all such engagement by citizens in government is voluntary, and is only a necessity if they hope to preserve their democracy. 

I received an email forwarded by C. Bingham 4/23/2014 originating with Lynne Tufts that includes this paragraph

The City has an opportunity to revise the Terms of Service that participants will sign off on. The “boilerplate” Terms of Service (that are subject to City’s revision)  can be found here:  www.peakdemocracy.com/tos

Based on the contract for this product of 2/4/14 the city had no such opportunity, and in fact had not substantively revised said Terms of Service responsive to my objections.   The city has not responded to my many efforts, including posting on my public website, oral presentations and emails to the council.  I was also able to initiate an agenda item to comprehensively present the issues outlined herein, which was thwarted by having the discussion without it being in the posted agenda, nor my being advised it would take place.

The city has joined with a company that requests comments without advising users that the Terms of Service contract they have agreed to that the City treats as meaningless "boilerplate." can be abused.  This agreement includes  a clause that the statements they make may be modified by Peak Democracy (7.3) and used by "Partners" of said company in undefined ways(9.3,16.6).  Of course their spokesman assured you they would never do this inappropriately, in the same tone of benevolent confidence of an adviser who assures an addled individual that making that blank check out to "cash" would only be for convenience.

The email cited above also states:

·         A Quality Assurance Team has been established to review and establish guidelines, procedures and subject matter for the platform.

"Quality Assurance" is certainly appropriate for a wide range of products - from software, canned soup to F-35 fighters. What it is not relevant to is political speech or presentation of issues that emanate from governments.  Some such speech that has caused the greatest historical tragedy has been of the highest quality. 

While we all can identify "Push Polls" with obvious hortatory statements inserted among questions, professionals such as "Peak Democracy" under the cover of their arcane expertise can subtly create a desired outcome not obvious to those not proficient in this field.  The tools of Public Relations (which is really the business Peak Democracy is in)  is effective enough to have kept cigarette  smoking acceptable for decades after their deadly effect were known.  Without public oversight of the text and questions in advance, along with auditing the responses,  this Peak Democracy program, even if the defects of the Terms of Service were corrected, would still be inappropriate for a government entity.  

The die is cast.  The City has joined forces with Peak Democracy, even agreeing to promote the company in the press and in emails in clause 2.2d of its contract - one never referred to in any council discussion.   I can understand now why you used such extreme means to suppress that agenda item where issues such as this would have been aired in public.