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Original Contribution

ACHIEVING LEGISLATIVE SUCCESS: A Summit Approach to Collaboration

April 2007

     "If you come to us with one voice, you'll get what you need."
-A member of Congress during the 2005
Congressional Fire Services Institute dinner in Washington, DC

Rivalry among EMS, fire and the other emergency services can affect our profession in many ways. It can make us stronger and better, reinforce our commitment to service and inspire us to take our education to higher levels. It can also deprive us of government funds, improved oversight, specialized training programs, enhanced benefits and new laws that advance our services and protect us from harm. It can prevent us from receiving the degree of respect from our civic leaders that we so richly deserve.

     When it comes to petitioning elected officials for support with an issue, the only way to succeed is to put aside differing viewpoints and individual grievances to come together in a solid, unified front to prove to law- and policy-makers that what you bring to their attention carries the weight of consensus and represents the voice of the collective. But how do you go about acquiring that unity when you see things so differently? Furthermore, in EMS, with all the groups out there, how do you ensure that none of them are going to petition their point of view behind your back? The answer is through honest, ongoing dialogue between groups that culminates in a legislative summit, bringing all the parties together to talk openly, collaborate, build consensus and establish an agreed-upon collection of legislative initiatives or positions that will be that year's legislative agenda. This agenda will become the foundation of a coordinated lobbying effort.

     A summit is a highest point, the topmost level attainable. As a conference of top officials, it differs from a committee or association meeting in that it represents the final step toward action on behalf of every constituent. There is no board of directors to receive recommendations-a summit is a decisive conference of organization leaders.

     The best time to host a legislative summit depends on whether the purpose is to address national, state or local concerns. For national and state issues, a summit should be held 4-6 months before the legislature convenes. Such lead time is critical for two reasons: First, enough time must be allowed for the legislative agenda to be drafted and reviewed by participating groups. Second, governors and legislators prepare, adjust and begin promoting their agendas well in advance of a bill or resolution being introduced. There is a great deal of process involved in legislative change; this includes language, policy and budget/funding implications, legal reviews, and constituent and affected-group comment. While some legislative items are proposed during a session, the most effective are prepared and vetted well in advance. Building a solid consensus before decisions are made will help ensure that the summit's agenda is presented and heard in a timely and professional manner. Time invested in preparing and establishing a solid foundation of support will build confidence in your cause among elected officials and provide ample time for lobbying. Local summits may require less lead time, but the focus on consensus-building and process is equally important.

Design & Structure

     The design and structure of a legislative summit will vary according to the issues to be addressed and the level of government to which lobbying efforts will be directed. Two key ingredients are a summit organizer and a neutral third-party moderator/facilitator. For the moderator, consider using a civic leader, former legislative aide or government agency representative. A lobbyist familiar with emergency services concerns, but not working for any participants or involved with the issues, could also be of assistance. The moderator's role is to provide an unbiased process for group decision-making. This person should not share personal viewpoints or attempt to influence the discussion. His/her role is strictly that of consensus-builder.

     Participants should be identified based upon the level of government at which the issues are to be heard. Be as inclusive as possible. Local and regional matters are best dealt with by summits consisting of local agencies only, while statewide concerns will require the attention of regional and state associations. (It is important to note that local governments are rarely swayed by the opinions of state or national associations, unless liability is involved. Instead, they want to hear directly from their constituents.) Prior to the summit, ask invited organizations to solicit their membership for legislative ideas, prioritize this information based upon need and appoint a single representative who will speak to the interests of the entire group. Also consider inviting membership groups that may only have peripheral involvement in EMS issues (e.g., law enforcement, dispatch) but that may be affected by the adopted legislative agenda. These organizations may offer insightful comments during deliberations.

     Summit organizers should understand that each participating organization will likely make an impassioned plea for additional funding, resources, etc. It is important to maintain focus on the end goal and not get sidetracked by egos and lengthy emotional debates. A great way to do this is to establish, as the first order of business, basic ground rules that govern participation. For a first-time legislative summit, these rules should be created at the initial meeting. Some essential guidelines include recognizing all participants as equal partners with one vote each (regardless of their organization size), allowing only one person to speak at a time, ensuring that anyone who speaks does so on behalf of their represented organization, and establishing a definitive end time (Table 1).

     Time may be as much of an influence upon the summit's agenda as the content. Accordingly, the moderator should be permitted to establish a time limit for debates. It may be challenging to enforce during lively discussions, but participants should be encouraged to hit the high points and use questions by others as an opportunity for elaboration. In the end this exercise will provide the additional benefit of preparing the entire group for the few key minutes it will later have to state its case before lawmakers.

     Actually planning the summit and ensuring the attendance of key industry leaders will be the most difficult parts of making the summit happen. Once the meeting commences, the event will take on a life of its own. If attendees or observers are not familiar with one another, allow time for introductions. As matters are discussed, participants may find that some concerns do not require legislative action after all, or would best be pursued individually, with neutrality maintained by other attendees.

During the Summit
     During the summit, the moderator should keep track of all ideas expressed via an overhead projector, easel with paper or other similar device. All ideas should be evaluated based upon their potential benefit, not their perceived harm. Too often, baseless doomsday predictions suffocate a legislative proposal before it has an opportunity for judicious evaluation. These incidents frequently occur due to misunderstandings or territorial concerns. A consensus approach should be used to determine if an issue should be incorporated within a legislative agenda, and any group should be allowed to request a roll-call vote. Participants need not agree on a subject to support its inclusion within an agenda, but they must recognize it's a matter requiring legislative action.

     Deciding which items make their way to the legislative agenda will require each participant to cast a vote of support, opposition or neutrality for each issue. Positions should be recorded by the moderator and forwarded in writing to everyone in a timely manner following the meeting. Once voting has concluded, a consensus list of items should be sorted into priority order by majority rule. Doing this improves subsequent lobbying efforts by identifying areas of immediate need; however, it also requires a very delicate realization: that low-ranked items, critical to one or two participating organizations, might not be perceived as important by lawmakers or may be sacrificed during legislative committee negotiations in order to get the top, mission-critical issues passed. Remember, it's better to come together as one voice and be partially successful than to work independently and fail entirely. Agenda items not adopted the first time around may be approved in subsequent years as legislators become more educated about the subject or additional funding becomes available.

     The summit's finished product becomes the official position paper delivered to lawmakers. This document should include a title for each supported topic, followed by a one-or two-line summary and 3-5 key talking points for every listed item. The summit representative and chief officer from each organization must signify agreement with the position paper by signing the legislative agenda. Such an accord indicates unity surrounding the adopted agenda and a pledge to not lobby against any of its proposals.

Making Your Case
     Out of respect for a lawmaker's busy schedule and the legislative committee's full agenda, talking points should be brief. When meeting with a state or federal legislator, expect to get no more than five minutes. Legislators have many responsibilities and deadlines, and one must be respectful of these when calling, writing, meeting or discussing agenda items. If a legislative session is particularly short or overwhelmed with bills, or when appearing before a hearing committee, no more than three minutes may be available to summarize all key points.

     Choosing the best way to communicate the legislative agenda is influenced by whether the document is to be shared with local, state or federal officials. Working on local matters has its advantages. Local government is smaller, making for fewer votes to pursue. Its representatives tend to be more knowledgeable of funding and administrative challenges facing emergency services systems. In such cases, it may be possible for summit participants to collectively discuss their position paper in a gathering with local officials and showcase their collaboration to even greater effect.

     Due to their immense volume of workload and issues, state and federal representatives face a broader range of concerns, are more beholden to the party line and, in the case of state government, may operate within restrictive timetables that require thousands of pieces of legislation to be heard within short periods of time. Consequently, they often require education about a matter to understand its importance; yet they have much less time than they'd like to spend with constituents. Therefore, before a legislative summit adjourns to action, the membership should identify who will be the chosen representative to carry the adopted agenda to lawmakers and testify before specialized committees. It is important that a single liaison-certainly no more than two-lobby state or federal lawmakers, as a large consortium of emergency responders will risk delivering a muddled or disjointed message. Federal and state representatives also prefer to have just one primary contact person from a delegation on file in the event any questions arise.

     When identifying who will connect with the legislature, people skills and availability are critically important. The appointed liaison(s) must be capable of responding to bill-hearing inquiries within 24 hours. This responsibility requires timely communication with summit participants to provide authorized and accurate responses. (Generate a contact list of summit attendees that includes each person's name, address, e-mail and mobile telephone number, plus the head officers of their organizations. Also include the liaison's contact information.) Trust is equally important. If the right people cannot be identified among the summit's membership, or if the issues being deliberated are too controversial, consider hiring an outside lobbyist to perform the work.

     Identifying which or how many elected officials a summit delegation should meet with can sometimes be challenging. Generally, a good rule of thumb is to start with a local representative and, after presenting your position paper to that official, ask who else would be interested in serving as a cosponsor of legislation that would support your agenda. Be presumptive in discussions with lawmakers by presenting your group's recommendations as sound policy, and never rest on the notion that having one or two sponsors of a bill is enough for passage. To truly increase the odds of success, solicit bipartisan support for each proposal. If funding for agenda items is necessary, be sure to target legislators who serve on budget committees, as these committees are the most powerful forces in elected government. In addition, consider catering to the legislators' profiles, as appropriate, by assuring them that sponsorship of your legislative requests amounts to a leadership role in the improvement of critical 9-1-1 services. Understand that because of the hectic nature of legislative sessions, it may not be possible to speak directly with the elected official you seek. In that case, share your information with a legislative aide and request that the lawmaker or their chief of staff contact you for further details.

Summit Benefits
     Legislative success is often measured by the passage of new laws that provide increases in funding, enhanced training equipment and facilities, better administration of services and improved benefits to personnel. However, if you work through a legislative summit, expect success to also include enhanced communication, collaboration and coordination among participants, resulting in a better-defined message for elected officials, a calculated approach to voicing your needs and, ultimately, improved relations among competing, yet essential, components of prehospital and emergency services.

James L. Jenkins, Jr., BA, NREMT-P, served as an aide to the attorney general and gubernatorial campaigns of Virginia Governor James S. Gilmore III, and later as a legislative liaison to the Virginia Secretary of Public Safety. He is past chair of the Virginia 97th Legislative District Committee and is presently a member of The George Washington University Homeland Security Policy Institute EMS Task Force. Jim can be reached at medic340@juno.com.

Steven R. Skinner, BS, APR, served as director of marketing, legislative and public affairs for the Virginia Department of Fire Programs and a legislative liaison to the Secretary of Public Safety under three Virginia governors, during which time he authored many successful legislative initiatives. He is presently public information manager for the Richmond (VA) City Council.

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