Midnight Sun A.T. Conference, August 2009

Copywrite 2002, Rocky Nichols

Rocky Nichols, M.P.A.Executive Director

Voice - 1-877-776-1541; TDD – 1-877-335-3725www.drckansas.org; rocky@drckansas.org

Impacting Public Policy: the P&A and You.

The BASICS:1) Know the Policymaker2) Develop your Message3) Deploy your Message

Pretty Simple. Yet 95% of people DON’T do the Basics.Doing this will make you among the ELITE participants.

DRC: 1977 to today … * DRC private, 501c3 nonprofit corporation Independent of government and disability service providers* Official designated “Protection and Advocacy System” (P&A) for Kansas. * Federal P&A powers to investigate abuse & neglect of people with disabilities – access to the person, their records and the place where they receive services

DRC: 1977 to today … (cont.)* DRC obtains justice through disability rights advocacy – litigation, advocacy representation, self advocacy support and information & referral. * DRC’s Core Services:1. Legally-based Disability Rights Advocacy2. Public Policy Advocacy / Education of Policymakers3. Education, Training and Outreach

Protection & Advocacy System (P&A)

* Every state (and most territories) have a P&A.* Everything I have described that DRC does, the P&A in your state does or can do.* P&As have attorneys and advocates on staff to do legally-based advocacy for individual clients.* P&As also educate the public and decision makers* Vast majority P&As non-profit & separate from state govt.* To find your State’s P&A go to www.ndrn.org

DRC’s Growth in Core Services

Training & Outreach2001 2002 2003 2004 2005 2006 2007 2008

Number Trainings 5 6 17 37 58 73 51 73Number Trained 273 203 846 1810 2215 3710 5105 3131

Public Education, Media and Communication2002 2003 2004 2005 2006 2007 2008 Total Since 2003

Radio/TV appearances 3 10 10 25 63 16 10 108Newspaper Articles 5 13 28 160 149 26 4 350Total Persons Getting Info 442,000 1.5m 2.8m 21.8m 32m 8.5m 4.5m 71.55 Million

Outcomes on Customer Satisfaction Ratings FY 04 FY 05 FY 06 FY 07 FY 08

Overall Customer Satisfaction Rates 89% 95% 95% 90% 95%

Legally-Based Disability Rights Advocacy Services

Services Provided FY 03 FY 04 FY 05 FY06 FY07 FY 08Legal Representation: 4 46 87 102 125 115Advocacy & Self-Advocacy: 260 360 798 780 792 965Information and Referrals: 623 571 295 204 390 377

Voting Rights Web Sitewww.ksdisabilityvote.org

One-stop-shopping for all things about voting rights of people with disabilities, registering to vote, etc.

Voter Registration Forms, Permanent Advance Ballot applications … all online!

Video Web Sitewww.drckansas.org/video

DRC’s Documentary DVD Video On-line

DRC’s 30th Anniversary Event Video On-line – all the speakers, speeches, an excitement of DRC’s 30th Anniversary Event is all available online!

•The “P” word - POLITICS … it’s not a dirty word.

•Public policy is crafted in an arena of politics. Get to know the players who compete in that arena and the rules.

•Relationships are the KEY.

Learn to “LOVE” politics

•Perfect example … Mental Health Reform in KS was enacted nearly 20 years ago because a few key players made it a priority.

•Who do you think taught the Governor and Policy makers about the importance of MH Reform?

•Families, Providers, the Association of CMHCs, Advocates and customers of mental health services, that’s who!

Is it WHAT you know?Is it WHO you know?

Is it HOW WELL you know them? Is it HOW WELL you keep them

informed?

•What You Know – Be an expert.

•Who You Know – Get to know the political players and interact with them.

•How Well you Know THEM – “Know thy Legislator:” build a credible relationship. They need to know you by name, and TRUST your information. This means letters, phone calls & visits (most important)

•How Well You Keep THEM Informed – Elected Officials need YOU and the information you have. Keep them informed.

•To KEEP THEM INFORMED you must have a MESSAGE!

Translation

•Deals with WHAT you know and HOW WELL you keep them informed

•Message Development is a critical step that most of us forget about

•Will teach you a simple message development tool that forces you to look at a message from all angles

•First mistake we make in contacting legislators - we get mad and jump into an action

•Before you write that letter or pick up the phone, THINK and develop your message

A message is NOT the entire letter you write.

Message is NOT an issueMessage is NOT a sloganMessage is NOT a strategy

A message IS the POINT you want to get across when people read your letter.

•“Have a Point … and Get to it!” Start with THE POINT you want to convey and work backwards.

•Seems simple, but most people don’t start with the “POINT” to their message.

•Though it only takes 3 minutes to do the message box exercise … not doing the exercise is NEVER an excuse to not write the letter or make the call.

•This exercise is optional. Knowing what your POINT is before you communicate is not.

If you use this simple, yet powerful tool before you take action, I promise you will have a message that is more:

CLEARCONCISE

CONTRASTIVECONVINCING

+What you say about your position

-What they say about your position

- +What you say about them

What they say about their position

Usually people only look at one issue from their ANGLE.

I would challenge you to look at an issue from all four of these angles.

WHY?:1. Forces you to write down your points and look at your

message from ALL ANGLES.2. Forces you to look at your own weaknesses in your

argument.3. Allows you to use MENTAL JUDO to make your message

stronger (take their strengths and weaknesses into account).

Following is a sample message box exercise on the issue of seclusion and restraint in public schools

+What you say + about your stand: Accountability; National Consensus; Safety & certainty for students & teachers; Dangerous Tactics; Studies & Research; Fundamental rights issue. -

What they say – about your stand:Red Tape; More bureaucracy; Costs untold $; Where get $?; Where’s the problem?; Another burden on teachers; Focus on classroom, not red tape

- +What you say – about their stand:When did schools ever ask for greater accountability?; How much money are we spending on schools again?; Ask people in Mississippi what local control means / local control = loss of civil rights;The schools standards are not enforceable = no change.

What they say + about their stand:Local control; Let local elected officials decide the standard;Many schools have already adopted standards and guidelines;Trust and support schools;

Message - Seclusion Restraint (S/R) in School (based on message box tool)

• “This S/R bill is about keeping both school children and teachers safe. Having certain and clear standards protects children, teachers and schools. Without standards, proper training and reporting of these dangerous tactics then the whole system is at risk. Schools are at risk of not having an enforceable, clear standard, children are at risk of serious injury or death, and schools & teachers are at risk of litigation. This bill ensures accountability of the billions of our hard-earned tax dollars that schools are spending. These are common-sense accountability measures based on the growing national consensus on S/R. These are things schools should be doing anyway, so the costs will be minimal.”

• This may not be word for word exactly what you say … it is the

overall point you want people to walk away with after hearing what you say on seclusion and restraint.

•Once you have the message box filled out, then look for strengths and weaknesses

•Develop your message (or the “POINT” you want to convey).

•Your Message is no more than a few sentences

•Once you have your MESSAGE or POINT - THEN you can write the letter or make the phone call. WORK BACKWARDS.

Disclaimer on NPOs & Lobbying

• I am not an attorney. I am not providing you legal advice. I’m sharing resources.

• You should take the resources I provide, get your own legal advice, and apply them to your own facts and situation.

• I am not an expert on 501c3 lobbying laws. • I am an expert on message development and

impacting public policy. Staff 2 yrs, Legislator 11 yrs, Advocate 6 yrs – nearly 20 yrs experience.

Myth – Non-profits Cannot Lobby

• False = 501c3’s CAN lobby, as long as they follow the rules within the robust limits of the law

• Go to Alliance for Justice (AFJ) - www.AFJ.org or www.CLPI.org (Center for Lobbying in the Public Interest) for more info.

• Want to know the details of the rules? Consider buying a copy of AFJ’s “Being a Player” - $15.

• We have BETTER policy when NPOs lobby:– Drunk driving (MADD) – w/in 5 yrs Congress acted– ADA – DREDF & many NPOs lobbied Congress

Two tests for 501c3s – To not do “too much,” the lobbying must either:

• be an “insubstantial” part, OR• pass the 501 (h) expenditure test

– 501(h) is a REVOCABLE election by NPO– Lobbying Limit Calculation under 501(h)

• 20% of first $500K of exempt expenditures• +15% of next $500K of exempt expenditures• +10% of next $500K of exempt expenditures• +5% of the remaining exempt expenditures• Regardless, can’t exceed $1 million• ALSO, “grassroots” limit is 25% of lobbying limit

Myth – Nonprofits Can’t Influence Ballot Measures

• False = 501c3’s CAN influence ballot measures

• CAN encourage voters to vote YES or NO on a ballot measure …

• BUT, must do so within the limits of “insubstantial” or 501(h) expenditure limit

501c3s CAN Impact Ballot Measures (cont.)

• Ballot Initiative – not about a candidate• In general, w/ ballot measures 501c3’s:

– Organize volunteers to gather signatures on petitions (or send your staff to do so)

– Contribute funding– Can endorse or oppose– Draft or Propose measures– But remember to check your State law and follow ALL

the rules of the game.– Go to www.AFJ.org or www.CLPI.org for information

What is (Generally) Not Lobbying… 4 Exceptions:

• Nonpartisan “analysis, study or research”

Two pronged test – “content” and “distribution

• Examinations and discussions of broader problems

• Requests for Technical Assistance (TA)

• “Self Defense” Communications

• That said, know all rules …

Know the strings tied to funding

• You can be a 501c3, and STILL be prohibited from lobbying with certain dollars (ex: fed grants)

• Know the strings that accompany the $$$

• Fed $ = Be familiar with OMB A-122, PL 101-121 Sect 1352, PL 110-81

• However, if you don’t use those federal dollars, you are not subject to the strings

How to Navigate Fed Grant Restrictions

• Know your SPECIFIC authorizations. Some allow for educating policy makers (Ex: Older Americans Act, DD Councils, P&A Act, etc.). Powerful exemptions.

• Rely on your partners

• Use non-fed money to advocate

• Provide factual information & policy papers

• Do studies and analysis

How to Navigate Fed grant restrictions (cont.)

• RESPOND to requests for input (rules & regs, public comment requests, policy comment, etc.)

• ASK you Policymakers to INVITE you to the table

• In general, its not lobbying IF the Committee asks for your comments– Answering the Door vs. Knocking on the Door– BUT know the rules! Get TA request in writing. – www.thomponinteractive.com has a good CD audio

session on this topic of navigating federal $ strings.

In political world “Get to Yes, No, or Maybe”

Won’t get every single vote. To get to “yes” you will hear a lot of “no’s” & “maybes.” Every “no” and “maybe” is an opportunity!

So, how do you get to Yes, No or Maybe?

Visualize a keyboard … Question: what is the most powerful key or character when dealing with elected officials ...

commitment

•Describes the PROBLEM•Has many Concerns and Questions•But, does not have a clear SOLUTION•Doesn’t ASK for the legislator to support any particular solution.

•Constituent will feel good … but will have squandered an opportunity … they didn’t get to Yes, No or Maybe.

?•Clearly describes the problem•Identifies the solution•ASKS for a commitment “Will you support HB2500?”

KEYS: 1) Know WHAT you want (your Solution).2) ASK FOR IT.

2) Remember the power of the “?”

Again, this seems simple. But most people don’t do the basics.

•It’s what you know

•It’s who you know

•It’s how well you know them

•It’s how well you keep them informed

TIME + ENERGY+ KNOWLEDGE+ PATIENCE

RELATIONSHIP

PHONE CALL?E-MAIL?LETTER?

FACE-TO-FACE MEETING?

Quick Tips … Write, Call and Visit your elected officials.

1) Be truthful, never jeopardize your credibility

2) Don’t exaggerate the facts3) Speak from your POWER (don’t always need a

lot of facts; your personal experience is YOUR power)

4) Be passionate, but be polite5) Never threaten a legislator. Make no

disparaging remarks about a legislator who opposes your position. Today’s opponent may be tomorrows supporter.

6) Avoid last minute requests (if possible)7) Be involved and prepared throughout the

Legislative session / Policymaking process8) Learn what communications plan works for the

policymaker (letter/call/visit/email)

WHO SHOULD WRITE?

•SELF ADVOCATES•Consumers•Board members•Employees•County Commissioners/Other Officials•Juvenile Judges•Law enforcement•Anyone who helps your case

(Always give phone number and address)

•Have a message/point; Be brief - get to the point•Avoid form letters•Include bill number or budget item•Explain who you are - why you speak to this•Include personal anecdotes how bill affects you•Include Facts (either numbers or personal info)•Statement of appreciation (thank them if they supported you in the past)•?-Remember the power of the question mark!•EMAIL – some like it, others don’t. Know your Legislator and how they like to communicate.

•Use the letter as a bridge for a phone call and then a personal visit (Letter-Call-Visit)

•Identify self by name, Address (voter in their Dist?)•Give bill number or budget item•State your position•Leave phone number•Calls should be timely (coordinate with message)•Talk to staff - trust them to get message across•Ask staff to have elected official call you back because this is VERY important to you as a VOTER.•?-Remember the power of the question mark! ASK! ASK! ASK For their support!

•Use call as a bridge to a personal visit

•Get acquainted (this is a BIG part of building a RELATIONSHIP)

•Get different kinds of visits (face-to-face, events, rallies, groups, Day at the Capitol)

•Make appointments - don’t always drop in

•Take no more than 15 minutes (if possible)

•Make visits timely (coordinate with message)

-Introduce yourself.-Focus (on your task and your message).-Review why you need their help (should have gotten letter and call prior to this).-Bring extra copy of your letter. -Know the bill number / budget item.-Be informed.-Ask for support for bill / budget item.-If you can’t get a commitment, follow-up & ask them again!-Write a thank you letter immediately.

•Decide ahead of time - who will say what (coordinate message).•Stay on Message.•Agree on what you want.•Don’t disagree in public.•Answer specific questions.•Be enthusiastic.•?-Again, Remember the power of the Question mark!

•Make your case first with individual members of the committee and absolutely visit the chair BEFORE (when possible).•Balance expert testimony with anecdotal or emotional testimony.•Practice.•Arrive early.•Introduce and explain who you speak for.•Be brief - 5 minutes.•Leave copies of testimony.•?-Remember the power of the question mark! Ask them to do something!

1) Develop Your Message- Have a Point & Get to it.

2) Deploy Your Message. Non-Profits CAN “Lobby.”

3) ?-Remember the Power of the Question Mark (Ask! Ask! Ask!) Have a solution and ask them to support it.

4) It’s WHAT you know, WHO you know, HOW WELL you know them & HOW WELL you keep them informed – Relationships Matter.

5) Letter-Call-Visit (Blend one into the other).

Midnight Sun A.T. Conference, August 2009Copywrite 2002, Rocky Nichols

Rocky NicholsExecutive Director

Voice - 1-877-776-1541; TDD – 1-877-335-3725www.drckansas.org; rocky@drckansas.org

Impacting Public Policy: the P&A and You.