EFFECTIVE FEDERAL ADVOCACY: A PRIMER FOR UNIVERSITY

PRESIDENTS AND THOSE WHO ADVISE THEM

David B. LeeLee & Smith, PC2526 L Street, NW Washington, DC 20037(202) 293-4584davidlee@leesmithpc.com

The means and methods whereby one articulates, conveys, shapes, promotes, protects and defends an interest before Congress and the Executive Branch of government.

FEDERAL ADVOCACY

The WHY

The HOW

The DOs & the DON’Ts

FEDERAL ADVOCACY – TH E ART OF POLITICAL PERSUASION

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Do we really need to ask why?

WHY

President, can you spare a dime?

Earmark Moratorium and Budget Constraints

What happens in Washington rarely stays in Washington.

The reach of the federal government is wide, pervasive and ubiquitous.

The federal government reaches into nearly all levels on the university: from financial aid to faculty hiring, from endowment management to types of chemicals used in labs to research funding…

The federal government is a partner, regulator, facilitator and beneficiary.

WHY

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To protect and advance the University’s Interests

To educate and inform federal policy and decision makers

To enhance the visibility and stature of the institution

To level the playing field and achieve a competitive advantage

To secure federal funding

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This presentation examines the role of a university president in asserting, promoting and communicating the university’s interests before the federal government and the role of the president as part of a comprehensive Washington strategy.

Specifically, we will highlight how a president can enhance and improve the university’s influence, prestige and effectiveness in the Nation’s Capital.

THE PRESIDENT’S ROLE

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The president is in a unique position to bring added value to a Washington strategy because the president brings the stature and authority of the office to the effort.

A university president is a community leader, opinion maker, an executive of a large organization and a peer.

The president’s role is indispensible in advancing the university’s agenda

The president represents the “grasstop” of the institution thereby elevating and accentuating issues and concerns.

To maintain and leverage this status, the president’s involvement should be limited to matters of highest priority.

VALUE ADDED

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Senior staff to the president should manage the president’s role in federal matters to preserve the president’s stature and effectiveness.

The president’s direct participation should be limited.

Day-to-day federal interaction should be conducted through the university’s

government affairs officials and/or the university’s registered

lobbyists.

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In a democracy, the primary purpose of an elected representative is to serve his/her constituents.

The nature, size and importance of a university qualifies it as a super-constituent entitled to access and a high degree of deference.

Politicians are generally responsive to the concerns and interests of universities.

This imbues universities with substantial political clout.

THE UNIVERSITY AS CONSITITUENT

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Politicians pay attention to constituents; they pay very close attention to 800lbs constituents.

HOW

Honest Leadership and Open Government Act, 2007 (HLOGA)

Lobbying Disclosure Act, 1995 (LDA) Executive Order, January 21, 2009 House and Senate Gift Rules Executive Branch Gift Rules Useful Links: http://www.house.gov/

http://www.senate.gov/

http://www.acenet.edu/

http://www.aplu.org/

FEDERAL LAW & ETHICS RULES

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STRATEGY

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Play by the Rules (Law) Tailor a strategy to address your specific

objectives. No one-size-fits-all approach. Establish and follow protocols. Vet contacts with senior legislative and

executive branch officials through a campus “clearinghouse” to avoid mixed messages.

Well coordinated strategies are almost always better than an ad hoc approach.

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Who is in a position to be helpful? Get to know your congressional delegation and

key federal officials ◦ Establish a personal rapport ◦ Campus and Washington visits◦ Creative Outreach

Get to know key staff◦ Chief of Staff◦ Executive Assistant◦ Scheduler◦ Legislative Staff◦ District Staff◦ Committee Staff

FIRST THINGS FIRST

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Abide by all applicable laws and ethics rules.

Coordinate with the university’s government affairs team.

Avoid unilateral actions that will blindside and undermine.

Speak with “one voice” and stay on message.

Do not eclipse those designated to represent the university.

Clear official contacts through the university’s “clearinghouse” (e.g. VP Government Affairs, Registered Lobbyist, etc.)

CAMPUS PROTOCOLS

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A well executed meeting can be an important component of a comprehensive legislative strategy.

Your place or mine?

When considering a venue take into account your objective .

Washington Meetings are generally best suited for matters that involve legislation and policy.◦ Pro: Availability of senior policy and legislative staff,

proximate timing, multiple DC meetings ◦ Con: Fickle schedules, time constraints, costs

MEETINGS & VISITS

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Campus visits are generally best suited for relationship building and showcasing the university:◦ Pro: Home field advantage, availability of state or

district constituent affairs staff, more relaxed, opportunity to mingle with administrators, faculty and students, visit facilities and review programs

◦ Con: competing campus interests, logistics, politics

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Meetings arranged to address a time sensitive issue should be strategically scheduled to achieve optimum benefit (ripeness).

Meetings that are not time specific can be scheduled when the president is otherwise in DC for other purposes.

Meetings can be scheduled directly through the president’s office or by a member of the government relations team.

Scheduling meeting weeks or months in advance is no guarantee.

Congressional offices will have an individual designated to arrange meetings. Whenever possible, provide as much flexibility within a certain time frame as possible.

CAPITOL HILL MEETINGS

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Most offices will want an email or fax indicating the purpose of the meeting, names and brief bios of the attendees.

When scheduling multiple Capitol Hill meetings, allow sufficient time to get from on meeting to the next.

Avoid the appearance of scheduling preferences (be discrete).

Be prepared for last minute rescheduling and cancellations.

Best availability for members of Congress are Tuesdays, Wednesdays, and Thursdays when Congress is in session.

Meetings are generally scheduled for 20-30 minutes.

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OTHER WASHINGTON MEETINGS

Congressional offices are generally happy to assist in arranging meetings with senior officials in the Executive Branch.

When visiting federal agencies and departments, provide extra time to pass through security.

All agencies require proof of identification and some agencies will require proof of citizenship.

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9 KEYS TO A SUCCESSFUL MEETING Brief staff in advance regarding objectives Come prepared with “talking points” and a

“one pager” Cut to the chase Facts educate, heart motivates Deliver “the ask” Keep it simple—avoid technical jargon Listen (4 ears are generally better than 2) Disclose downsides (if any) Post meeting follow up

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Washington is a venue where presidents can elevate the stature of both the university and themselves.

Host events for DC Area alumni and invite and recognize V.I.P.s.

Sponsor lecture series

Host recognition dinners and events

STATURE & PRESTIGE

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Serve on federal advisory boards

Signing ceremonies

Testify before Congress

Participate in Washington-based organizations such as associations that represent higher education and policy think tanks.

Meet with writers and editorial staff of Higher Ed. Publications, e.g. The Chronicle of Higher Education, Inside Higher Ed, etc.

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THE DOs & THE DON’Ts

DO: Know and follow the rules (law) Cultivate relationships Establish campus wide priorities Formulate comprehensive strategies Select a single water carrier Give credit where credit is due Give your delegation university-branded

paraphernalia Do select issues judiciously (parochial first)

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DON’T: Wear out your welcome and dilute your

effectiveness Have a meeting without a purpose (a

courtesy visit almost never is) Squander a visit with a power point Make politicians choose between constituents Ask the impossible (political or otherwise) End run your staff and lobbyist Get drawn into partisan politics

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DON’T: Assume success simply because a politician

sent you out the door with a firm handshake, a broad smile and a hearty slap on the back

Assume what was said was what was really meant

Say Bovine Spongiform Encephalopathy when Mad Cow Disease will do

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