Influencing the Regulatory Process

Let’s talk about another important branch of government that advocates must deal with.  The bureaucracy is part of the executive branch of government, often serving as the point of contact between the public and the executive (Mayor, Governor, President, etc.) While I know the stereotype of a government bureaucrat is someone with a certain attitude that exudes “lack of helpfulness,” most of these public servants really do want to help people.  Unfortunately, many of them are caught in internally created “intransigent bureaucracies.”

What? Our government is supposed to have bureaucracies? Chances are you thought they were an unfortunate side-effect of runaway government spending. In fact, a bureaucracy is simply “A formal, hierarchical organization with many levels in which tasks, responsibilities, and authority are delegated among individuals, offices, or departments, held together by a central administration.” They are the structures that executive branch agencies use to ensure that the policies passed by the legislature are properly implemented.

The problem with bureaucracies is that sometimes the people in and around them become more committed to the rules and regulations governing programs than they do the actual benefits of and original reasons for the programs themselves. This creates the tunnel vision that leads to the problem of “intransigent bureaucracies.”  One recent example is the EPA’s regulation of spilled milk, under which milk used to be treated on par with oil. One might say that citizens, the agencies and Congress were LITERALLY “crying over spilt milk.” 

So how can an advocate make a difference in this environment? Here are some ideas:

·       Participate in the executive agency’s public comment process: Almost all executive agencies, from your local Department of Water and Sewer to the U.S. Internal Revenue Service, are required to offer an opportunity for public comment whenever they propose a change to their rules. Anyone with an opinion is allowed to file a comment and anyone with an informed opinion based on some level of expertise may actually be heard. Agencies actually review these comments pretty carefully and may use the more provocative and trustworthy information to make changes to what was originally proposed.  You can learn more about the process (and even submit comments!) at http://www.regulations.gov

·       Work on the executive agency through your elected representatives: Your local, state or federal representatives have an amazing ability to gain the attention of agency officials – mainly because these agencies rely on the legislative branch for their budget. Utilize your own amazing power to be heard by your elected officials to enlist their assistance in “cutting through” the red tape.

·       Contact the media: Reach out to media outlets, whether local, state, national, or internet-based.  Journalists love a good story, and may very well run with a piece on the executive agency’s policy.  Such public exposure can change a bureaucratic policy. Just be sure you know what you’re talking about!

The lesson here? Instead of beating your head against the wall of the “intransigent bureaucracy,” look for the most effective ways to apply your true power. Consider the example of the recent water pollution crises in Flint, MI. This was brought to the attention of the world through the actions of just one person -- a Flint pediatrician named Dr. Mona Hanna-Attisha. She’s taken great steps toward exposing failures on the part of the state and federal government to deal with her city’s lead-contaminated water supply.  Her story (as told by the American Academy of Pediatrics) is a powerful example of how an ordinary citizen advocate managed to be heard in the executive branch process. .  Try the methods I suggested the next time you have a problem with executive “red tape.”.  You may be surprised at the results.

  - Written by Stephanie Vance, Advocacy Guru

Don't Be Intimidated If You're Not a Lawyer

As I mentioned in my previous post, the judicial branch plays a major role in setting public policy.  Its duty is to interpret laws, handle disputes between parties, and apply appropriate punishments for individuals who break the law.  As an advocate, you may need to interact with this branch when its role comes into play on a particular issue you’re concerned about. 

At first glance, it may seem as though an individual advocate might not have a tremendous role to play with either the state or federal court system -- except to avoid it if at all possible. After all, everyone knows that you need to be a lawyer, or know a great deal about the law, to make effective arguments in a court case.

Wise advocates, however, will step back and think carefully about other potential points of access into this branch. While the average citizen may not be able to prepare a legal case that would sway a judge, this does not mean that we cannot have an impact. In fact, citizen advocates can dramatically alter the judicial environment and, as a result, the decisions made through this branch of government. How? Here are just a few examples:

Advocate for or against the confirmation of a particular judge: As an example, many states and the federal Supreme Court place the power of appointing and confirming the justices of the court in the hands of the legislature and/or Governor. And who are the legislature and Governor responsible to? That’s right, their constituents. Utilizing your influence as a voter with those who will eventually vote to confirm or deny a specific justice can have a dramatic impact on the ultimate shape of the court.

Participate in an election campaign in support or opposition to a judge: Many states and counties hold elections for judicial positions. As voters, citizens can play a role in determining whether a particular person will or will not be elected.

Assist non-profits representing your interests at the courts: Many non-profit organizations at the state and federal level become involved in court cases as part of their efforts to further their cause. Becoming involved with these organizations in this type of work can have a direct impact on what decisions come out of the courts.

The moral of this story is don’t be intimidated if you’re not a lawyer when it comes to dealing with the judicial branch.  Focus on your citizen power in those ways and on the avenues where you are most likely to make a difference- whether through the legislature, elections, or non-profits.  You might be surprised how much of a difference you can make.

  - Written by Stephanie Vance, Advocacy Guru