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Connecticut Water Trails
Program
Connecticut Water Bar
Effective Advocacy - How To Work With A Lobbyist
Experience is the worst teacher, it gives the test
before presenting the lesson. - Vernon Law
The First Amendment to the Constitution guarantees
“the right of the people to petition the government for redress of
grievances.” This right has nurtured the development of a host of
activities that have come to be known as lobbying. While certain abuses
of the process have caused some to view lobbying with a jaundiced eye,
it is, in reality, a vital component of our political process.
Legislators cannot function properly in a vacuum.
They need the input and assistance of concerned citizens who have
intimate knowledge of the area to be addressed by proposed legislation.
Unfortunately, most citizens are unable to give the legislative process
their complete and undivided attention. They are often unaware of when
matters of vital interest to them are being considered. Even when
citizens are aware of such matters, it is often impossible to monitor
and participate in the process with maximal effectiveness. It is for
this reason that professional lobbyists have assumed such an important
role.
Both legislative
and regulatory processes are complex. To move even simple proposals, it
is extremely helpful to have access to a professional lobbyist . They
know all the traps for bills, the political dynamics, the history of
what's been tried, which policymakers to approach first, watch for
crises, etc. It's certainly not necessary, but access to a lobbyist,
even just for consultation, can be immensely helpful.
If you are lucky enough to have the resources to hire your own lobbyist, be very
grateful. Be reasonable with their time and your expectations. If not,
you will need to work with a group that has a lobbyist - a coalition
already working on issues similar to yours and your professional
organization are good places to start. You may be able to advocate with
other groups to include your issue on their legislative agenda, and get
access to the services of their lobbyist. For example, religious and
civic groups may take on a health issue if they realize that it fits
with their goals and furthers their mission.
Some tips for
working with lobbyists (and other consultants):
Understand that they are not miracle
workers.
The best lobbyist in the world cannot get universal health care
passed right now. While lobbyists can help make the process smooth,
they can't walk on water.
Be reasonable.
Understand that they have other clients and that they have lives.
Try to be low-maintenance. This is especially true if you are
"borrowing" their services from another group.
Listen.
They were hired for their expertise, so take their advice seriously.
They want you to succeed. You are paying for good advice, take it.
Be open.
Let them know that you want (and can handle) honesty. Too many
advocates do not want to hear the truth and are puzzled by surprises
when their lobbyist tried to warn them.
Communicate.
Let them know what you know. Fully explain the issue so they can
answer questions. If you get a call from a policymaker, a notice
about your issue, a new study is published, something important
happens in DC, or anything that seems relevant, make sure that your
lobbyist knows about it. They can't represent you well if they don't
have all the pieces.
Do not ask for personal favors
outside the scope of your work.
Be available.
If your lobbyist calls and says it is a critical stage and you need
to come to Hartford to meet with a legislator who is wavering - Go.
If they need a quick fact sheet to address a misconception about
your issue - Write it.
Your lobbyist
wants you to succeed. Support and trust him or her so they can help you.
Is A Professional Lobbyist Is Right For Your
Organization
Most organizations that have decided to enlist the
services of a professional lobbyist have done so only after long periods
of analysis and soul-searching. Effective lobbying can be expensive and
resource intensive. It requires a significant commitment of time and
expertise by a core group of chapter members who are willing to support
the activities of the professional lobbyist with testimony, letter
writing, and phone calls. It also requires a commitment of significant
chapter staff time that is then not available for other activities.
Because of these significant direct and indirect
costs, it is crucial that any organization considering hiring a lobbyist
proceed only after a careful analysis of its unique situation. The
following are just a few of the many questions that an organization
should ask.
Does the organization
have a legislative agenda that requires
a lobbyist?
If so, is this agenda already being
represented effectively by the organization membership?
Is the organization’s
legislative agenda realistic and
achievable?
Does the organization
have the resources needed to carry out
a professional lobbying program?
These resources include:
Financial –
the direct and indirect costs are variable
Chapter Staff
– at least five to ten hours per week are usually required for
mailings, telephone calls, copying, and support of the government
affairs committee
Organization Leadership
– dedicated members must be willing to commit themselves for “the
long haul” or any lobbying effort is likely to fail
Support Structure
– does the organization have a political action committee, is it a
member of any strong coalition groups, does it have established
positions on key issues (for example, position papers, model
legislation)
Even if it has the necessary resources,
is the chapter willing and able to commit those resources to a
lobbying effort?
Determining The Duties Of The Lobbyist
Once an organization has determined that it is in
its best interest to embark on a professional lobbying effort, it is
crucial that it develop clear objectives and goals for that effort. This
planning process should take place prior to hiring a lobbyist, as it is
only through this process that the organization can define who is the
right lobbyist. The organization leadership must decide if it is looking
for a lobbyist who will work for them full time or only on an as-needed
basis. They must define the scope of the lobbying effort. Are they
looking for someone to be the organization’s eyes and ears at the state
house, or are they looking for an advocate who will work on the
organization’s behalf to introduce, amend, and kill legislation? Are
they looking for an educator as well as a representative? Do they want
representation in the regulatory as well as the legislative halls of
government?
Several organizations have developed detailed plans
that should be reviewed by organizations that are seriously considering
employing a professional lobbyist. These plans are available from the
State Legislative Office.
Strategies For Finding A Lobbyist
Contrary to popular belief, quality lobbyists cannot
be found in every nook and cranny of the state house. When looking for a
good environmental lobbyist, it is also useful to talk with other
professional organizations, legislative staff, other lobbyists, and the
legislators themselves. Many legislators, who rely on lobbyists to
provide them with good information, may be willing to assist you in
identifying individuals or firms that can provide them with good
information on environmental issues.
Choosing The Right Lobbyist For Your Organization
Before beginning the interview process, it is
crucial that the organization leadership develop a very specific job
description and expectations for their professional lobbyist. The basis
for the job description should include the answers to the questions
raised during the discussion that led to the decision to hire a
lobbyist.
Specific attention should be paid to the following
issues.
Issues Identification
The organization leadership must set the
legislative agenda, not the lobbyist
The chapter should identify immediate and
long-term goals
The chapter leadership may wish to create
several scenarios to which the lobbyist is expected to respond
Level Of Representation
“Eyes and ears” only
As needed in specific situations
Active representation
Scope Of The Representation You Expect
Legislature only
Regulatory agencies
Fundraisers
Non-Legislative Services
Assistance setting up a political action
committee and key contact program
Filing required reports with state government
Chapter newsletter articles
Member educational activities
Frequency and types of reports
Attendance at board meetings
Once these decisions are made, it is time to begin
interviewing candidates. It is important to approach this activity with
an open but critical mind. The organization leadership and key staff
should be involved in the interview process. Pay close attention to gut
feelings. If any candidate makes you uncomfortable during the interview,
this person is probably not right for you.
It is important that you choose a lobbyist whose personality matches your
organization’s. Most organizations will probably want a low-key individual
rather than a wheeler dealer who is used to working with lots of financial
resources. While it is not important that the lobbyist have an
environmental background, this expertise definitely helps. At the very
least, the lobbyist should demonstrate a genuine interest in the
environment and a willingness to learn about what your organization does
Be sure to provide all candidates with written
materials that describe the structure, history, resources, and
philosophy of your organization. Position papers, annual reports, and
promotional materials from your organization are often helpful.
As in most interview situations, open-ended
questions are best. You should guide but not dominate the discussion. It
is important that you develop a feeling for the candidate’s general
lobbying philosophy and that the candidate demonstrates the ability to
ask pertinent questions and learns from your answers. If your initial
feelings are positive, proceed to a discussion of your specific issues,
projects, and requirements, and ask for a fee proposal. Request
references and a list of past and current clients, and check with them.
It is of critical importance to review the list of current clients for
any potential conflicts of interest.
You should plan to interview several candidates,
even if one of the early candidates strikes you as the right choice.
Interviewing a variety of candidates will give you
the opportunity to get a better understanding and appreciation of the
range of services available and the quality of the individual that you
choose. It will also give you a better idea of the appropriate fee for
the services that you desire.
Once you have chosen a lobbyist who agrees to
represent you, have the courtesy to let the other candidates know that
you have made your choice. It is not fair to leave them hanging and it
is unwise to alienate individuals with whom you or your new lobbyist may
have future encounters.
The Lobbying Contract
The contract between your organization and your new
lobbyist should be drawn up by an attorney. At the very least, it should
include the duration of the contract, scope of the activity expected,
fee amount and payment schedule, expense reimbursement policy, and a
termination clause. You should also identify a clear chain of command
from whom the lobbyist will take direction and to whom they will direct
feedback and questions. Sample lobbyist contracts are available from the
State Legislative Office.
Evaluation Of The Lobbyist’s Performance
A lobbyist should be evaluated using the same
procedures that are used to evaluate employees. Goals and objectives
should be agreed on in writing by the organization leadership and
lobbyist prior to the start of a session. The lobbyist’s performance
should be evaluated annually or semi-annually, based on achievement of
those goals and objectives; responsiveness to calls, needs, and
requests; timeliness and quality or reports; and overall organization
satisfaction with the lobbying experience.
The individuals responsible for the evaluation of
the lobbyist should take every opportunity to observe the lobbyist in
action – testifying, interacting with legislators, monitoring committee
hearings – to have as complete an understanding as possible of the
lobbyist’s skills, credibility, integrity, commitment, and
contributions.
Perhaps the best question to ask at evaluation time
is, “Did we get what we paid for, and do we want to buy more?” If the
answer is “Yes,” your organization’s lobbying experience has probably
been a positive one that should continue. If not, it is time to
reevaluate the entire program, beginning with the initial needs
assessment. An unsatisfactory experience usually indicates that you
either chose the wrong person to represent you or that a government
affairs program using a professional lobbyist was not really the best
alternative for your organization.
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