HOW TO WORK WITH COUNTY COUNCILS
The details of working with elected bodies
change somewhat with each election, but basic principles remain fixed.
These are, not in order of importance:
Never forget that there is a fantastic demand on
a Council member's time. Some comes from their attempts to understand the
problems they face, and to decide on the proper vote. But more comes from
the demands of people wanting something- persons with a grievance from
some action, others wanting their property protected in some way, or rezoned
or even bought. But the greatest demands and pressure come from developers
and their representatives, usually attorneys. To this group, flattery,
friendly persuasion and even pressure are only means to their end- as big
a profit as than can develop.
The environmental community, by and large, has waited
until too late in the time used by the decision process. Rather than working
early, before a pattern of decision develops, there is too much waiting
until the matter is up for a final vote. One result is that environmentalists
have gained a reputation for being "obstructionist". To really become effective,
review the sections on working with staff, and working "one-on-one". The
general order is: find what is coming up, who in staff is the contact point,
work with staff, if important, work with council members individually.
There is an important point when trying to initiate
action by any elected body. At the end of the process, there is a piece
of paper containing words in front of the decision body. They have only
two words to use, AYE or NAY, YES or NO. Oh yes, they do discus the matter,
sometimes at length, and occasionally but rarely introduce a change in
the words, the revised wording then being subject to the decision process.
Environmental groups have not properly worked to
initiate this process. The steps which should be followed are:
- Study and understand the
steps involved. There is a standard starting point, which may change with
the subject matter;
- Prepare your own draft
of what is desired: this can be a draft ordinance, a draft rule, a draft
modification, a statement of policy, for example;
- Work to get the draft
introduced into the process: this may be by a staff member, the chairman
of a committee, or best of all, by one or several of the elected officials;
- Follow the draft through
the process: willingly accept changes which do not change the intent: propose
alternate wordings when a damaging change is suggested: if is evident that
the proposal will not be accepted, gracefully withdraw the proposal;
- Approaches that go with
this are: "if you don't like the answer, go next door"; "come back after
the next election": "if you really understand the process, you can short-circuit
a blockage point": and of course, you can always rethink and redraft your
approach and rewrite the draft;
- Experience indicates that
the legal staff has two kinds, those who can give every reason why something
can't be done, and those who show how to do something: treasure the latter:
and, especially, watch any draft or redraft by the first type, as it may
be too "watered down" with general rather than specific statements;
- The entire goal of this
process is to get something which is environmentlly sound to the point
where the necessary majority say "AYE".
If it is necessary to step in at the last moment,
when an environmentally damaging matter is an item on the Council Agenda
with a vote expected, it is likely that a member of the public will be
time restricted, often to 3 minutes for a presentation. This is likely
to be after a long session of presentation(s) by the applicant, and sometimes
consultants and staff. The best way to handle this seems to be:
- Plan the approach, allowing 2+ minutes for as
many speakers as needed to cover the matter clearly, logically and tersely;
- Opposition can be on a point of law, a point of
procedure, or on fact, or even on failure to properly consider any
of these.; be certain that that any point presented is correct, and that
there is a record which will demonstrate standing, adequate consideration
of the matter, and standing policy: remember that it is necessary to show
that administrative remedies have been exhausted before any form of appeal
or legal action can go forward;
- Rehearse;
- Fill in the requests to speak, and hand them to
the clerk in order: this may not be followed, so it is best if each 2-3
minute presentation does not depend on another one;
- Be polite;
- If "Not in my back yard" or such elements as hazard
to children, loss of view, etc., exist, try to arrange for a neighbor of
the project to speak;
- If there is a decision delay, follow-up with a
letter or e-mail.
A thanks of appreciation is always in order.
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