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You're listening to the Nonprofit Power Podcast.
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In today's episode, we get into part two of how to craft public policy that actually does what you need it to do.
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So stay tuned.
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If you want to have real and powerful influence over the money and policy decisions that impact your organization and the people you serve, then you're in the right place.
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I'm Kath Patrick and I've helped dozens of progressive nonprofit leaders take their organizations to new and higher levels of impact and success by building powerful influence with the decision makers that matter.
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It is possible to get a critical mass of the money and policy decision makers in your world to be as invested in your success as you are.
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To have them seeking you out as an equal partner.
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And to have them Bringing opportunities and resources to you.
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This podcast will help you do just that.
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Welcome to the Nonprofit Power Podcast.
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Hey there folks.
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Welcome to another episode of the Nonprofit Power podcast.
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I'm your host, Kath Patrick.
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I'm so glad you're here for today's episode.
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As a nonprofit leader, you probably have a lot of experience with public policy that often fails to serve the best interests of the people you serve.
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And the work you do to help them thrive.
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And when the time comes that you decide you want to create better policy, you want to make sure that the new policy does what you really need it to do.
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But getting from your great policy idea to finished policy that actually does what you need it to do is not automatic.
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The devil is always in the details and you have to be on top of all of them.
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In last week's episode, we talked about all the keys to preparing your successful policy proposal.
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Today, we're going to share what you need to do and all the players you need to work with to turn that proposal into finished and enacted policy that gets the results you're looking for..
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This is part two of a two part series on how to craft public policy that actually does what you need it to do.
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If you haven't already listened to episode 50, I encourage you to take the time to listen to that one as well, because these two pieces really do go together.
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So in part one, we talked about all the policy analysis work that you want to do upfront to be ready to engage policymakers at a deep level, and to be able to show up as their dream problem solving partner.
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That is the very best way to get policymakers to want to work with you and engage fully and really do their part, which is a ton of work.
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To help make policy that you want, actually happen, and to make it be the policy that really works and does what you need it to do.
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And the theme of all of this work, in part one and part two, is that the devil is in the details.
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So I want to help you nail all of the details that are going to be super important to getting that policy to really work.
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So.
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Here we go.
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You've done all that advance work.
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You started with your big idea about the problem you want to solve, or the big thing you want to make happen.
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And you did the deep dive on existing policy.
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You analyzed what's working, and what's not.
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You got really clear and detailed about what you need this new policy to do for you and what that needs to look like.
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Got all of that together.
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Now you're ready to go and engage those policymakers.
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And we're talking about both legislative policymakers at the city or county or state level, and we're talking about administrative policymakers.
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People in government agencies who have the power to set certain types of policy around the things that affect you and the people you serve.
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You need a leader inside the policymaker structure for this to work well.
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You can take an approach of lobbying from the outside with no inside help, but it's not strategically wise, if you can possibly avoid it.
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So when you go to engage these policymakers, obviously, you start with your allies.
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And if you have a champion, you absolutely start there.
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Having a champion in any policy related endeavor is a huge asset.
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And the thing that I didn't say in part one, but I want to point out right now, is that if you don't have those existing champions.
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While it's important for you to do a lot of your homework about clarifying policy details of what changes you want before you engage the policy maker on that stuff in detail.
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That does not mean that you should wait to develop the relationships with those policy makers.
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That, if it hasn't already occurred, should be your very first order of business.
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Because you're going nowhere without decent relationships with the decision makers involved.
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So if you look around, particularly with administrative policy.
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And you're like, boy, we do not have the right allies inside that agency on this.
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We got to solve that.
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So you get to work with that.
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And you begin to educate them about who you are, what you do, the problems you solve, why those problems are important, what impact they have in the world, what impact your solution has in the world, how it changes things for the people who are served, for their families and for the community overall.
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And you get to work on those core elements of your messaging and you engage those decision makers about that.
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That's their fundamental get acquainted, understand the universe and the problem from your perspective.
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If you don't already have them at that point, you need to do that work early on.
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Maybe even before you are doing the detail work on developing your policy.
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And you keep working that as you go.
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I have a couple of clients right now who are in the middle of doing that.
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They are developing relationships at a state agency where they need a policy initiative to occur.
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And they're doing that work simultaneously and it's going very well.
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They're putting a lot of time and energy into developing that relationship.
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Educating those key decision makers and helping them see the problem that they solve is going to benefit the state immensely.
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If they can partner on this, in this policy change.
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So you definitely can do that concurrently.
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They're ready now to go into the policy details with those people.
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But that's because the relationship has been developed to that point that the agency person said to them, I want to hear details.
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What would you propose?
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And those are the words you long to hear.
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That's what you want to hear from your policymaker friends, is tell me what you want to do.
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Let me see how this can work.
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A champion who's already really invested in your organization and the work that you do.
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They're going to be not only quicker to understand what you're telling them about what needs to be done, but they're also going to be much more inclined to say yes to whatever you're talking about.
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And say, yes, I will help you get this done.
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So start with your champions, if you have them.
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If you don't have champions, start with your allies, which I know you have some of.
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And If they happen to be a decision maker who has authority or a role in this particular policy area that you're trying to affect, that's even better.
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But even if they're not on the right legislative committees or in the case of an agency, they're not the one who's in charge of this particular set of policy.
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They're still valuable.
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Even if they don't have direct jurisdiction, they're still very important to you.
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They can help you in so many different ways.
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They can give you inside intel on people and process.
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They can advocate with their colleagues for the thing you're trying to get done.
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And give you strategic advice along the way, about how to approach different decision makers, but also your policy strategy.
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They're incredibly valuable to have as partners in this process.
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So you start with them.
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But here's an important caveat.
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I've made it clear that you need to go and do all of this deep dive into policy analysis and get clear on the details and all of that.
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But when you first go to talk to your allies and champions about this, you first got to get them excited and engaged.
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And generally speaking, except for the super nerdy among us, going straight into the weeds of the details of the nuances and all of that from a policy angle is not usually the way you get people excited and engaged.
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The way you get people excited and engaged is you talk to them about the problem you're solving.
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Or the cool thing that you're going to make happen that's going to help so many more people so much more effectively.
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So you get them excited about the vision, your big idea.
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And remember, in part one, we started there.
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We started with your big idea.
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We did a lot of work before you ever got around to talking about, okay, now what does the policy actually need to look like.
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So you start with that big idea, that big vision, and you engage them around that.
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And there's all kinds of ways you can do that.
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Story is a really good way to help them understand the problem that you're solving.
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To help them understand how impactful that problem is or how beneficial and impactful the new thing you're trying to do would be.
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But you paint the picture of what it would look like if you got the thing you wanted.
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If you got that policy, how different would that be from what you have right now?
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So you start there unless you have a history with this person where their favorite way to work with you is to go all nerdy right away.
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If that's the case, then, you know, have at it.
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But most of the time, you're going to want to engage on that big idea first.
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And help them buy into the vision.
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And then you can start talking strategy and details and all that good stuff.
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Because then they're bought in and they want to help.
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And they're like, okay, well, so what are you thinking?
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Or maybe they'll have their own ideas and start telling you right away.
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Obviously a critical detail is going to be, with legislative policy, to identify which committees have jurisdiction over this policy.
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And there will always be a committee that has jurisdiction.
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Sometimes there's more than one.
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And we'll talk about that in a little bit.
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About the strategic decision about where to have something live.
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Again, don't forget about appropriations as one of the potential sets of committees and subcommittees that might need to be involved.
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Depending on what you're asking for.
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If the thing you're asking for is going to have a money impact, then chances are pretty good that appropriations will be involved somewhere.
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And so that's a conversation to have with your allies and champions who are policy makers, who can advise you on all of that.
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And if it's administrative policy that you're going after, then you're identifying which agency and sub-agencies are involved and have the authority to actually set policy in those arenas.
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There's usually not a lot of confusion about which agency has the authority.
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Sometimes you have to do a little digging to figure out which sub agencies cover which parts.
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It's very common with federal legislation for there to be divisions of responsibility among sub-agencies.
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So you want to check that with your state and local policy as well.
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And if there's more than one sub-agency, then that's going to have to factor into your strategy.
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Sometimes there can be more than one potential jurisdictional home, especially for legislative policy.
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And when it's a problem that you're trying to solve, there's almost always an existing policy that's part of the problem.
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But when you're looking to do something affirmatively wonderful that's brand new in the world.
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A new service, a new solution to a problem.
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Then it's possible you won't know where the best home for that policy is.
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And so that's a question, for your allies in the policy-making body, whether it's a state legislature, city council, county board.
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Or whether it's somebody in an administrative agency or sub agency.
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So you're talking with your allies and champions, and one of the questions you raise is, if it's a new thing, particularly.
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Where do you think would be strategically the best home for this?
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Sometimes the most logical home might not strategically be the best home if there are more people on that committee who are unlikely to support what you want.
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And if maybe there's another committee where they could also have some jurisdiction where they're more friendly.
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There's a bunch of strategic considerations that go into that.
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And the best advisors you're going to have on that are your allies and champions who are policy makers who know the landscape and who can tell you this.
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Once you've clarified the best strategic home for your policy proposal.
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Identify the key decision makers that are involved in those places.
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Right.
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That's pretty logical.
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We always talk about, know who the decision makers are that have the authority, and then get to know those decision makers.
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So first you identify who they are.
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And then you know what committee you're talking about, or you know what sub-agency.
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And you've identified which people are the key decision makers.
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And if it's a big committee, for example, your allies, your champions will be able to tell you.
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Of the 15 people on that committee, who are the three or four that it's absolutely essential that you get on board.
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And you start with them.
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So there's always layers of strategy about where you focus your energy, because you don't have unlimited time and energy.
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And especially because this is such a big project, you want to be super strategic about how you use your time.
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So.
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You figure it out the key decision makers, you figure out who your initial targets are.
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And you outline a strategy for those people whose buy in you need.
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And how you're going to get it.
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And this is going to include a whole bunch of pieces.
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And we're not going to get into all of that detail.
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We've covered that in a lot of other episodes.
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As you know, it's going to include messaging, it's going to include using bridges if you don't already have relationships there.
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And again, obviously your champions and allies are going to be super helpful in that.
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You may have, as part of your strategy, those allies and champions approaching those policy makers and engaging them on your behalf.
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Or maybe getting that to happen at a staff level initially.
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All different kinds of ways you can come at that engagement process.
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But we're not going to focus on the nitty gritty of that strategy in this conversation because there's so much else to talk about in terms of getting to the core of nailing the details in crafting policy so that you get the results that you want.
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But you are going to create that strategy and follow through on it.
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Here is a very important thing to pay attention to.
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If it's legislative policy, anticipate, plan for, and have a strategy for how administering agencies who eventually will have to implement that new policy.
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How they will react to any changes in current policy, or creation of new policy.
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And how to get them to engage cooperatively around these changes.
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A particular caution, if you've identified that it's a multi-tiered administration process.
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Like there's say a combination of state and local.
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Maybe it's something you're changing at the state level, but there's locally administered pieces.
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Got agency people at two different levels.
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And if you're talking about trying to change how some administrative rules happen at the state level around a federal program.
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Be aware that with federal programs, there's usually a state and local administrative component as well, because they're trying to devolve some of the responsibility for that down to the local level and center at the community level.
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So you need to know all those places.
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And pay attention to all the layers of where administration of a new policy is going to happen.
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Here's why.
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The agency folks have a tremendous amount of power on the policy implementation end of things.
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Basically, they can agree to comply with the new policy.
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Or they can find a way to just slow walk it or never really get around to doing it at all.
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Or to just kind of keep doing things the way they've always done them.
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And wait to see if somebody notices and raises a question about it.
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So to head that off before it has a chance to happen, you want there to be some involvement of those administrative folks in the policy development process, so that they get educated as to why this is a good idea and why it will be something that they want to participate in changing.
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That it's in their interest.
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It's a good idea for them.
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And in fairness, sometimes the thing that we think is a simple change that won't take much effort to administer.
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May in fact, create a huge amount of work at the administrative level that we just aren't aware of.
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And we want the policy to work well for everyone, including the administrators.
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Because if they're not on board and they're not cooperating, then your policy won't really ever get off the ground.
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We have to anticipate the possibility that they will resist a change, and get ahead of that.
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And they're particularly going to resist if they're being asked to do more work without any perceived benefit to them.
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That's just human.
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So not only do you want to engage them, but be prepared to build into the policy a combination of incentives for doing things the right way for those administrators.
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And penalties for failing to do them the right way.
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And you need both because some administrators will be motivated by the incentives.
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Others will feel that the incentive is not sufficient to engage their cooperation.
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And they'll just find a way not to do the thing.
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But if you've built in a penalty for failing to do it, then they'll probably go ahead and at least grudgingly comply.
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We don't talk about this very often, but you need enforceable policy.
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Part of what creating policy that does what you want it to do sometimes involves, is that you need enforcement mechanisms.
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And those are combinations of carrots and sticks.
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Now, ideally you want better than that.
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You want full buy-in.
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And that requires active engagement of these folks on the front end.
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There's another set of policy players that are often overlooked.
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But they are critical, particularly on the legislative side.
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And that's the legal team that's actually responsible for crafting the written policy language.
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And these legal folk are called different things in different places.
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But basically, they are there to support the elected officials in making sure that that policy is correctly structured.
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And that it lines up across all the other pieces of policy.
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If you think about it, we have citizen legislatures, we have citizen city councils and county boards.
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In most places, the folks who sit on those bodies are not full-time elected officials.
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And even when they are, they don't necessarily have a legal background.
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They come from all walks of life.
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And so they're not there necessarily to become expert at crafting policy language.
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They hire lawyers to do that for them.
00:19:39.730 --> 00:19:52.570
The actual policy language for legislation at whatever level of government has to be crafted in a way that is going to be legally binding, that it is accurate, that is consistent with the way all the other policy is written.
00:19:52.931 --> 00:19:55.090
And you need lawyers to do that piece.
00:19:55.840 --> 00:19:57.161
And I love those folks.
00:19:57.161 --> 00:19:59.068
They're wonderful resources and allies.
00:19:59.661 --> 00:20:02.840
And we're going to talk about how you work with them really effectively..
00:20:03.738 --> 00:20:08.211
A lot of times there are pieces of policy that interconnect.
00:20:08.565 --> 00:20:16.490
Because of multiple pieces of legislation that have been passed over decades that are all intertwined in various ways.
00:20:16.490 --> 00:20:21.441
And so there can be overlap in policy that you have no idea about.
00:20:22.347 --> 00:20:27.010
It is the legal team's job to suss that out and to research that.
00:20:27.040 --> 00:20:35.101
And then identify the places where if you change A to B in this spot, you're going to have to change A to B in these three other spots.
00:20:35.550 --> 00:20:40.320
That might even be in different legislation that you are not focused on at all.
00:20:40.951 --> 00:20:42.300
But you don't have to worry about that.
00:20:42.300 --> 00:20:43.681
That is their job.
00:20:44.810 --> 00:20:48.080
You also don't have to be able to write legislative language.
00:20:48.734 --> 00:20:51.431
If you know how to do that, you get bonus points.
00:20:52.000 --> 00:20:55.288
And it will definitely make it easier to work with the legal folks.
00:20:55.730 --> 00:20:56.961
But it's not a requirement.
00:20:57.921 --> 00:21:01.851
But you have to be able to be an effective partner with them.
00:21:02.330 --> 00:21:07.161
And work on an ongoing basis with them as the policy language is developed.
00:21:08.075 --> 00:21:15.154
Most definitely you have to have identified the specific aspects of the policy that are causing the problem you're trying to fix.
00:21:15.627 --> 00:21:18.298
This thing here doesn't work because this, this, and this.
00:21:18.448 --> 00:21:19.407
This is bad.
00:21:19.718 --> 00:21:21.641
This is the effect it's having, et cetera.
00:21:22.565 --> 00:21:26.585
There can be times when you've identified a problem that is rooted in policy.
00:21:26.917 --> 00:21:30.968
But that the problem is that the language is ambiguous.
00:21:31.550 --> 00:21:38.990
And that the administering agency is interpreting that language in such a way that is problematic for you or your clients.
00:21:39.634 --> 00:21:42.454
So in that case, you're going to need two things.
00:21:42.694 --> 00:21:46.954
One, you need to tighten up the policy language so that it's not ambiguous anymore.
00:21:47.464 --> 00:21:54.934
But you're also going to need a strategy to get the administering agency to cooperate with the new language, to do the thing you want them to do.
00:21:55.407 --> 00:21:59.567
So we just talked about that, about engaging them, but this is another place where that can come up.
00:22:00.567 --> 00:22:05.101
Something to be aware of is that, talk about the devil being in the details.
00:22:05.881 --> 00:22:11.357
Two of the most important words in policy language are"and" and"or".
00:22:12.040 --> 00:22:16.320
There is a huge difference in policy land between those two things.
00:22:16.951 --> 00:22:21.961
If there is a list of things that must be provided or that someone has to do.
00:22:22.740 --> 00:22:26.730
And it says A, B, C, D, E, and F.
00:22:26.760 --> 00:22:28.891
That means they have to do all of them.
00:22:28.891 --> 00:22:31.171
They have to have all A through F.
00:22:31.681 --> 00:22:34.471
If it says A, B, C, D, E or F.
00:22:34.711 --> 00:22:38.345
That means they can do some of them as long as they do at least one.
00:22:38.775 --> 00:22:39.974
But they don't have to do all of them.
00:22:40.580 --> 00:22:41.330
That is huge.
00:22:42.111 --> 00:22:48.684
And I have seen more times than I care to count, where a long process of policy development has happened.
00:22:49.345 --> 00:22:53.575
Advocates have gone to great lengths to get their list in there of everything that's got to happen.
00:22:53.575 --> 00:22:54.744
And it's gotta be this way.
00:22:54.744 --> 00:22:56.005
And you've got to do all these things.
00:22:56.434 --> 00:22:58.954
They've made sure that it says, and they got to do them all.
00:22:59.711 --> 00:23:04.694
And somewhere at the end of the process, that"and" gets swapped out for an"or".
00:23:05.327 --> 00:23:12.087
And if you don't catch that, the meaning and the strength of what you've just fought for is suddenly undercut.
00:23:12.958 --> 00:23:14.518
So super important.
00:23:15.397 --> 00:23:19.038
Two other very important words are may and shall.
00:23:19.807 --> 00:23:21.188
This is a little more obvious.
00:23:21.755 --> 00:23:25.025
If it says, administrators shall do the following.
00:23:25.535 --> 00:23:26.555
Then they have to do it.
00:23:27.244 --> 00:23:29.224
If it says administrators may do the following.
00:23:29.464 --> 00:23:29.644
Yeah.
00:23:30.214 --> 00:23:32.134
They can do it if they want to, but they don't have to.
00:23:33.165 --> 00:23:37.355
So very, very important to have your eye on the mays and the shalls.
00:23:38.599 --> 00:23:43.375
Now sometimes when you can't get a shall where you want it.
00:23:44.546 --> 00:23:45.806
If there's no list at all.
00:23:46.135 --> 00:23:50.430
You've got a list of things you want somebody to do, or to provide, or to be allowed.
00:23:51.329 --> 00:23:58.881
And it's been made clear that absolutely, under no circumstances, are you going to be able to get the sufficient support for it to all be required.
00:23:59.611 --> 00:24:09.203
Then you have to have a strategic conversation with your policy maker champions and allies, and your own team, and maybe other advocates from other organizations who are working on this thing.
00:24:09.611 --> 00:24:19.690
Everybody who's involved, have a strategic conversation about if there's nothing there at all now, would we at least be willing to get our foot in the door with a may.
00:24:20.124 --> 00:24:25.862
And then work really hard to demonstrate how well things work when these things are done.
00:24:26.592 --> 00:24:27.672
It's a strategic call.
00:24:28.142 --> 00:24:30.361
But be aware that that could come up.
00:24:31.413 --> 00:24:35.343
And of course you'd probably most of the time rather say, shall do this, shall do that.
00:24:35.823 --> 00:24:43.430
But if you can't get that, then you have to think about, well, would the word may in that spot be an acceptable interim step.
00:24:43.890 --> 00:24:48.420
Knowing that our ultimate goal is to shift that to a shall, maybe a couple of years down the road.
00:24:48.420 --> 00:24:57.606
When we have been able to demonstrate that yes, whenever it is taken advantage of, and these now allowable things are happening, that outcomes are a lot better.
00:24:57.876 --> 00:25:02.707
Then that will give you ammunition to go back later and say, okay, look, this is so valuable.
00:25:02.707 --> 00:25:03.356
So important.
00:25:03.757 --> 00:25:06.769
It's kind of criminal that everybody doesn't get this.
00:25:06.920 --> 00:25:09.069
We really should turn this into a requirement.
00:25:09.940 --> 00:25:11.599
So you can look at it that way.
00:25:12.512 --> 00:25:12.932
So.
00:25:13.042 --> 00:25:14.789
This is a balancing act, right?
00:25:14.789 --> 00:25:20.670
You don't have to know how to write legislative language, but you have to know how to read it and interpret it.
00:25:21.297 --> 00:25:27.567
And we talked about that quite a bit in part one about how you can go about developing that skill set, which is very critical.
00:25:28.277 --> 00:25:37.823
And the other thing that you need to be able to do is to explain to the legal team clearly, exactly what it is that you need the policy to do.
00:25:38.507 --> 00:25:47.903
Do not expect that they will get it right on the first cut, unless you have already been working with them for a long time and they know your stuff really, really well.
00:25:48.803 --> 00:25:54.353
If they're already super familiar with what you do and the things you're recommending, and they're really well versed in that.
00:25:54.772 --> 00:25:55.403
Great.
00:25:55.643 --> 00:26:03.182
But honestly, most of the time, these legal teams are not experts on how the policy gets implemented.
00:26:03.452 --> 00:26:04.742
That's not their job.
00:26:05.383 --> 00:26:11.893
If you happen to find some who really care about this and have chosen to learn more and become invested in it, great.
00:26:12.313 --> 00:26:14.633
But you can't assume that that's the case.
00:26:15.083 --> 00:26:18.803
They're working with you because it's their job to work with you.
00:26:18.803 --> 00:26:21.982
And actually, really it's their job to work with the policymakers.
00:26:22.532 --> 00:26:27.182
But if the policy maker has said, I want you to work with these people, then they work with you.
00:26:28.032 --> 00:26:31.242
But you have to be persistent and patient.
00:26:31.717 --> 00:26:33.757
And be in education mode.
00:26:34.027 --> 00:26:35.767
You want them to understand.
00:26:35.977 --> 00:26:43.106
You do not want under any circumstances for your relationship with these legal folks to be adversarial or contentious.
00:26:43.467 --> 00:26:45.356
You are working together.
00:26:45.863 --> 00:26:50.032
They are working with you because a policymaker told them to do so.
00:26:50.633 --> 00:26:55.692
And you are there to be helpful and supportive and to help them get it right.
00:26:56.712 --> 00:27:02.063
And again, unless they're already super familiar, they don't have the nuance in their head that you do.
00:27:02.242 --> 00:27:03.353
They're not supposed to.
00:27:03.532 --> 00:27:06.262
That's the value that you bring to the conversation.
00:27:06.413 --> 00:27:13.732
You bring the deep understanding of the problem and all the nuanced details of how it works on the ground.
00:27:14.032 --> 00:27:17.512
That's the value you're bringing and they need you as much as you need them.
00:27:18.210 --> 00:27:20.910
So don't expect them to get it right the first time.
00:27:20.910 --> 00:27:22.740
And don't get frustrated when they don't.
00:27:23.269 --> 00:27:26.400
Instead, understand that this will be a process.
00:27:27.119 --> 00:27:30.262
And if they're new to your stuff, or just new to working with you.
00:27:30.636 --> 00:27:33.906
There's going to be several rounds of drafting before they get it right.
00:27:34.146 --> 00:27:38.616
So be prepared to keep coming back and meeting with them regularly, and going over drafts.
00:27:38.616 --> 00:27:42.547
And saying, okay, well this here, this will work really well, and here's why.
00:27:42.846 --> 00:27:43.807
Help them understand that.
00:27:43.807 --> 00:27:45.277
And then say, but this part over here.
00:27:45.846 --> 00:27:49.146
There's still a hole big enough to drive a truck through.
00:27:49.537 --> 00:27:52.547
And, here are the folks who will drive a truck through it, and it just won't get done.
00:27:53.069 --> 00:27:54.329
So we have to tighten that up.
00:27:54.869 --> 00:27:56.663
Here's how we need to tighten it up.
00:27:57.383 --> 00:28:00.492
Here's what we need to make sure it does happen, and make sure it doesn't happen.
00:28:01.542 --> 00:28:09.386
And once you get into a working relationship with these folks, They'll be drafting in real time with you And they'll sit at the table and say, well, what if we said, blah, blah, blah.
00:28:09.866 --> 00:28:11.366
And they throw that out there.
00:28:11.936 --> 00:28:16.792
And you can say, that's going to get us closer, but there's still a problem.
00:28:16.823 --> 00:28:18.742
Or, yeah, that'll probably do it.
00:28:18.923 --> 00:28:26.410
Let's write it up and then give me a chance to really think through all the different ways this could get incorrectly interpreted.
00:28:27.096 --> 00:28:27.906
And we'll keep talking.
00:28:28.692 --> 00:28:40.809
The more you can, at the very beginning of your work with the legal folks, explain to them exactly what it is you're trying to make happen, the better their first and second efforts will be.
00:28:40.809 --> 00:28:42.130
The more accurate they'll be.
00:28:42.130 --> 00:28:44.019
And the shorter this process will be.
00:28:44.710 --> 00:28:47.859
Because they want to get it right as quickly as possible, too.
00:28:48.416 --> 00:28:52.136
So the more you help them do that, the faster you're both going to get what you want.
00:28:53.017 --> 00:28:59.436
The other thing you want to be able to do is to point to the specific policy language that already exists.
00:28:59.849 --> 00:29:07.076
And explain what impact that language is having that's either causing a problem or whatever it is.
00:29:07.176 --> 00:29:09.757
But explain how that plays out in real life.
00:29:10.166 --> 00:29:12.926
And explain then what it needs to do instead.
00:29:13.457 --> 00:29:17.086
And the impact that you're looking to have when this change is made.
00:29:18.000 --> 00:29:23.750
And you know, if you are skilled at crafting policy language, you certainly can suggest language.
00:29:24.376 --> 00:29:30.623
I do that all the time, but I've been doing this a long time and I've worked with these legislative lawyers for years.
00:29:31.430 --> 00:29:39.426
And I'm much more inclined to make a suggestion of actual language to one of the legal folks that I have a longstanding relationship with.
00:29:39.426 --> 00:29:42.487
That we've worked together before and they know that I know what I'm talking about.
00:29:43.182 --> 00:29:48.282
have even been known to come in with the draft language and say, Hey, thinkin' along these lines...
00:29:49.022 --> 00:29:51.482
And you never want to overstep and bruise egos.
00:29:52.027 --> 00:29:56.156
But if I can make their job quicker and easier, I'm certainly willing to do that.
00:29:56.512 --> 00:30:00.490
If I can craft something that is going to get us close to where we need to be.
00:30:00.789 --> 00:30:02.859
If you've got that skillset, go for it.
00:30:03.400 --> 00:30:07.329
Just be gentle in how you present it and don't say, Hey, I've already written the policy.
00:30:07.359 --> 00:30:08.380
You just need to write it up.
00:30:08.962 --> 00:30:10.446
Obviously I know you wouldn't do that.
00:30:10.477 --> 00:30:12.886
But we don't want them to get that impression.
00:30:13.926 --> 00:30:16.807
If you're not skilled at that, don't try to craft language.
00:30:17.527 --> 00:30:20.076
Just simply tell the lawyers what you need it to do.
00:30:20.136 --> 00:30:25.567
And they will craft draft language that you can then review and give them feedback on.
00:30:26.319 --> 00:30:29.829
And so the way you would do that would be, you would say to them, okay.
00:30:30.140 --> 00:30:34.069
There are five things here that should be required and not be optional.
00:30:34.732 --> 00:30:44.303
Our experience is that these five services aren't being allowed by the administering agency because it's not explicitly required that they be provided.
00:30:45.022 --> 00:30:54.936
We feel, based on our experience and interacting with this in the field, that the only way to ensure that these five critical services are provided is to require them.
00:30:55.636 --> 00:30:59.166
So that's the kind of background you can give the lawyers so that they can go, oh, okay.
00:30:59.166 --> 00:31:00.616
I see why this needs to be this way.
00:31:00.646 --> 00:31:00.856
Okay.
00:31:01.037 --> 00:31:01.366
Got it.
00:31:01.396 --> 00:31:01.997
Let me work on that.
00:31:02.950 --> 00:31:09.480
Now if your reading of the policy is that all that would be required to fix the problem is to change a may to a shall.
00:31:09.910 --> 00:31:10.900
Then sure.
00:31:10.950 --> 00:31:12.710
Just make that point with the lawyers.
00:31:13.287 --> 00:31:21.807
But go ahead and explain the full problem, because maybe there's something else that needs to be changed as well at another place in the policy.
00:31:22.497 --> 00:31:25.817
That maybe you didn't catch, but that they will.
00:31:26.487 --> 00:31:34.616
One of the things that the legal drafters are very good at is making sure that things are consistent across multiple sections of policy.
00:31:35.096 --> 00:31:36.507
That's a big part of their job.
00:31:37.527 --> 00:31:37.946
So.
00:31:37.960 --> 00:31:46.630
It should be clear by now that the work you do with these legal folks in crafting actual policy language is going to be an extended process.
00:31:47.369 --> 00:31:50.609
A lot of different variables will go into how long it will take.
00:31:50.640 --> 00:31:52.140
It might take a few weeks.
00:31:52.170 --> 00:31:53.250
It might take months.
00:31:53.759 --> 00:31:56.720
There's all kinds of variables that can factor in.
00:31:57.319 --> 00:32:00.259
You may not be the only person working on this thing.
00:32:00.589 --> 00:32:04.640
There may be somebody else who starts chiming in who maybe doesn't agree with you.
00:32:05.240 --> 00:32:06.500
And then you've got to deal with that.
00:32:06.710 --> 00:32:11.329
Sometimes there's going to be negotiation involved, if there's different opinions about how this should go.
00:32:11.799 --> 00:32:21.894
And you will always be working with your policy maker friends to decide the strategy for who argues about what and with whom and where.
00:32:22.703 --> 00:32:27.713
Some things are going to be better argued between policy makers without you in the middle of it.
00:32:28.463 --> 00:32:31.463
And other things may be better with you in the middle of it.
00:32:31.938 --> 00:32:33.798
That's a strategic call all its own.
00:32:34.438 --> 00:32:42.478
But as you're working with these legal drafters it's going to be an extended process with multiple iterations of drafts.
00:32:43.377 --> 00:32:49.144
And you need to be engaged with every single piece of the process.
00:32:49.943 --> 00:32:51.894
You can't check out in the middle of it.
00:32:51.983 --> 00:32:54.023
You have to be on it all the time.
00:32:54.023 --> 00:32:57.473
Because every time a new draft happens, stuff gets changed.
00:32:58.223 --> 00:33:02.874
And if you miss something and don't catch it for a few weeks or a couple of months.
00:33:03.263 --> 00:33:07.284
Then now it's showed up in three different drafts and it's going to be harder to fix.
00:33:07.433 --> 00:33:09.413
Not impossible, but it'll be more work.
00:33:09.953 --> 00:33:16.584
So stay on it and absolutely as with everything else, make friends with these legal folks.
00:33:17.144 --> 00:33:23.503
And it's not hard to do because you're working together on a thing that, you know, you both want to make happen.
00:33:23.917 --> 00:33:27.607
And maybe they just want to make it happen because that's what their boss wants.
00:33:27.637 --> 00:33:29.107
That's what the legislator wants.
00:33:29.468 --> 00:33:34.574
But you know, They're looking to make the policymakers happy, and you're looking to make you happy.
00:33:34.604 --> 00:33:43.060
And so, as with every other situation in advocacy, show up as a super helpful, valuable problem solving partner.
00:33:43.693 --> 00:33:54.173
And never forget that your huge value that you bring to this, is that you understand how these policy details work on the ground better than just about anybody.
00:33:54.324 --> 00:33:56.124
Certainly better than the legal team.
00:33:56.453 --> 00:33:59.513
And also often better than the policymakers themselves.
00:33:59.513 --> 00:34:01.554
Because you live it and breathe it every day.
00:34:01.554 --> 00:34:04.584
And you work with your clients who live it and breathe it every day.
00:34:04.973 --> 00:34:08.813
Nobody has the level of detailed knowledge that you do.
00:34:09.264 --> 00:34:14.213
And that is your massive, massive value that you bring to this process.
00:34:14.664 --> 00:34:17.213
As long as you're showing up consistently.
00:34:17.213 --> 00:34:23.483
And you're articulating all of that information in a way that helps craft really solid policy.
00:34:24.380 --> 00:34:27.050
But you'll wanna be friendly and helpful.
00:34:27.110 --> 00:34:28.610
These are not your adversaries.
00:34:28.610 --> 00:34:29.630
They are your friends.
00:34:29.690 --> 00:34:31.911
And you want them to feel that way about you too..
00:34:32.856 --> 00:34:38.193
Here's another thing that is important to understand in terms of staying on top of this process.
00:34:38.554 --> 00:34:52.208
Is that once the policy makers and the legal drafters are involved, you have to stay constantly involved in this in part to make sure that your intended result stays front and center at every part of the process.
00:34:52.657 --> 00:34:55.117
Because they can go down rabbit holes, just like everybody else.
00:34:55.117 --> 00:34:58.088
And suddenly they're working on another thing or they forget the thing that you said.
00:34:58.117 --> 00:35:02.867
And remember, this is so important in every version of advocacy.
00:35:03.483 --> 00:35:09.451
We have to constantly remind ourselves that, on the plus side, nobody knows more about this than you.
00:35:09.840 --> 00:35:10.681
Which is great.
00:35:10.920 --> 00:35:18.900
And at the same time, because we live and breathe this every day, we tend to forget that other people don't have our level of understanding.
00:35:18.960 --> 00:35:21.150
And so we make logic leaps in our mind.
00:35:21.311 --> 00:35:29.340
We're talking about something and we skip over five things that they don't know, that are really critical for them to totally understand.
00:35:29.340 --> 00:35:31.650
But in your mind, that's like, well, of course that's so.
00:35:31.650 --> 00:35:32.760
You don't even have to mention it.
00:35:33.210 --> 00:35:43.454
So you have to be constantly alert to detecting when there's a lack of understanding or a knowledge gap on the part of either policy makers or the drafters.
00:35:43.994 --> 00:35:49.903
And be ready to step in and say, let me help you understand this piece.
00:35:49.903 --> 00:35:51.793
I don't think I was clear enough.
00:35:51.824 --> 00:35:52.753
Or whatever you want to say.
00:35:53.804 --> 00:36:00.818
But be advised that it is up to you to stay on top of all aspects of this process.
00:36:00.878 --> 00:36:07.268
Do not wait to be told that something is happening or that it's moving forward or that they're onto the next step.
00:36:07.958 --> 00:36:14.197
You have to stay in there, making sure that you know where things are in the process and how it's moving, and all of that.
00:36:14.197 --> 00:36:15.097
That is on you.
00:36:15.938 --> 00:36:30.307
The only time that you might back off of that a little bit is if a trusted policy maker or legal team member, that you have a really solid relationship with, has explicitly asked you to stand by while they do some of the work.
00:36:30.951 --> 00:36:32.271
Then that's fine.
00:36:32.688 --> 00:36:35.898
That's kind of a diplomatic way of them telling you to back off for a minute.
00:36:35.898 --> 00:36:38.237
Let me do my job and then we'll get back together here.
00:36:38.838 --> 00:36:45.117
But when some version of that conversation happens, make sure you clarify with them.
00:36:45.327 --> 00:36:47.367
So when should I get back to you?
00:36:47.878 --> 00:36:55.077
Because even though they have every intention probably of reaching out to you when they get done and it's time for them to get your input again.
00:36:55.498 --> 00:36:57.057
You know, that might or might not happen.
00:36:57.177 --> 00:36:59.728
They are busy too, and they could get distracted.
00:37:00.027 --> 00:37:03.168
So just check in with them and say, so, what do you think?
00:37:03.168 --> 00:37:03.768
Couple of weeks?
00:37:03.768 --> 00:37:04.967
Should I check back in then?
00:37:04.967 --> 00:37:05.478
Sooner?
00:37:05.981 --> 00:37:06.911
You know, what works?
00:37:07.331 --> 00:37:08.860
And just say, okay, cool.
00:37:08.920 --> 00:37:10.751
I'll check back with you in a couple of weeks.
00:37:10.780 --> 00:37:11.471
And then you do that.
00:37:12.471 --> 00:37:15.927
One of the ways that you can manage this.
00:37:16.387 --> 00:37:21.458
Because there are a lot of moving parts in this kind of policy crafting process.
00:37:22.121 --> 00:37:26.710
Is to create a timeline of all the moving parts and the pieces of the process.
00:37:27.360 --> 00:37:35.483
And if there are gaps in your knowledge about what all the moving parts and pieces are, then ask your policymaker friends to fill in the gaps.
00:37:36.007 --> 00:37:37.887
But sketch it out yourself first.
00:37:37.947 --> 00:37:42.177
And this is a great example, which I talk about this fairly frequently.
00:37:42.177 --> 00:37:50.603
But asking next level questions is a great way to build credibility with policymakers and everybody else.
00:37:51.268 --> 00:37:55.108
If you go in and you take out your laptop or your pen and paper, and you're like, okay.
00:37:55.594 --> 00:37:58.143
Tell me all the steps in the process and I'll write them all down.
00:37:58.474 --> 00:38:00.994
That's a very low level question.
00:38:01.744 --> 00:38:08.431
That is asking a high-level decision-maker to take the time to explain something to you that you could have found out on your own.
00:38:09.030 --> 00:38:10.291
You never want to do that.
00:38:11.050 --> 00:38:14.740
When you want to ask something from them, make it count.
00:38:15.190 --> 00:38:17.561
So do your own homework first.
00:38:17.590 --> 00:38:21.731
Sketch out everything you know about the likely timeline, all the pieces of the process.
00:38:21.731 --> 00:38:22.780
Get that all laid out.
00:38:23.050 --> 00:38:26.380
You can rough in your idea of what the timeline probably is going to be.
00:38:26.891 --> 00:38:31.351
And then you check that with your policy maker ally, or your legal team ally.
00:38:31.380 --> 00:38:33.630
And say, so here's my sense of it.
00:38:33.911 --> 00:38:34.900
Have I got that right?
00:38:34.900 --> 00:38:36.221
Is there anything I'm missing?
00:38:36.610 --> 00:38:37.840
That's a next level question.
00:38:38.574 --> 00:38:39.713
And that tells them two things.
00:38:39.713 --> 00:38:43.014
One, you're on the case and you're paying attention and you want to be involved.
00:38:43.523 --> 00:38:49.547
And two, you're asking a question that is worthy of their time, and they will perceive that as respect.
00:38:49.818 --> 00:38:50.958
And that's what you want.
00:38:51.827 --> 00:38:53.898
So you create that timeline.
00:38:53.927 --> 00:38:54.947
You fill in your gaps.
00:38:55.688 --> 00:39:02.788
And then go one step further, and create and then follow, a check-in calendar with key policymakers.
00:39:03.038 --> 00:39:03.668
And staff.
00:39:03.994 --> 00:39:04.954
And legal folks.
00:39:05.534 --> 00:39:08.143
Create the timeline, and then actually put it in your calendar.
00:39:08.853 --> 00:39:10.804
So that you have little reminders popping up.
00:39:10.833 --> 00:39:13.204
Hey, I need to be checking in with so-and-so this week.
00:39:13.737 --> 00:39:15.717
Here's the two things I need to check in with them about.
00:39:15.987 --> 00:39:19.688
So that you are building that in and it's in your calendar.
00:39:20.027 --> 00:39:23.617
Because if it's not in your calendar, you'll push it off or you'll forget.
00:39:23.677 --> 00:39:25.907
And then you'll find yourself behind in the process.
00:39:26.661 --> 00:39:33.443
And be aware that a lot of this checking in may be with the policymakers staff and not the policymaker themselves.
00:39:34.204 --> 00:39:42.257
You'd be doing a lot of checking in with the legal team while you are in the drafting process, but that's the only time they're really involved is during the drafting.
00:39:42.557 --> 00:39:48.208
During all of the other steps of making policy become enacted does not involve the legal team.
00:39:48.208 --> 00:39:48.987
That's not their job.
00:39:49.438 --> 00:39:50.757
Their job is to get the words right.
00:39:51.148 --> 00:39:52.617
And to make sure they do what they're supposed to do.
00:39:53.038 --> 00:39:56.367
But it's not their job to make a strategy about how to get this thing adopted.
00:39:57.307 --> 00:40:00.998
So that leads to the last piece here, which is no small thing.
00:40:01.463 --> 00:40:08.653
Which is that as an advocate, you do all this work to make sure that the policy is the best you can possibly make it.
00:40:09.423 --> 00:40:13.851
And then you've got to go out and advocate for that becoming an enacted policy.
00:40:14.440 --> 00:40:16.840
And that is a whole other set of work.
00:40:16.960 --> 00:40:22.780
So again, you'll be working hand in hand with your policy maker allies and champions.
00:40:23.621 --> 00:40:26.201
Clarifying a strategy of who needs to be on board.
00:40:26.201 --> 00:40:31.240
And you're doing all of the work necessary to bring those other decision makers on board.
00:40:31.690 --> 00:40:36.550
Now ideally, your policy maker allies will also be doing some of that work.
00:40:36.581 --> 00:40:40.853
They'll be reaching out to their own colleagues and selling this idea too.
00:40:41.628 --> 00:40:46.248
But you have the job of building the external support for this.
00:40:46.309 --> 00:40:49.358
And then possibly engaging grassroots support.
00:40:49.539 --> 00:40:56.739
Whatever it is that is part of the strategy that you will develop in cooperation with your policymaker allies.
00:40:57.505 --> 00:40:59.092
But you've got to lead that part too.
00:41:00.155 --> 00:41:04.981
Even if your policy maker champion told you hey, I got this.
00:41:05.010 --> 00:41:06.181
You don't have to lift a finger.
00:41:06.451 --> 00:41:12.958
Which in many many years of doing this work, I have never, ever heard a policymaker say that.
00:41:13.621 --> 00:41:17.221
Even when they were deeply invested in making the thing happen.
00:41:17.490 --> 00:41:18.570
They're never going to say that.
00:41:19.041 --> 00:41:24.351
They're going to say, there's a couple of places where your work would be particularly valuable right now.
00:41:25.221 --> 00:41:26.630
And then they can say what those are.
00:41:27.050 --> 00:41:29.451
And if they don't say that, you ask that question.
00:41:29.451 --> 00:41:31.550
And once again, that's a next level question.
00:41:32.360 --> 00:41:34.010
It's not what should I be doing?
00:41:34.070 --> 00:41:43.661
It's where is your sense would be the highest value spots for us to be working to develop support around this.
00:41:44.431 --> 00:41:46.661
And then they will engage their brain and think about that.
00:41:46.661 --> 00:41:47.380
And they will tell you.
00:41:48.271 --> 00:41:51.990
And then you get to work on that and you let them know how it's going.
00:41:52.871 --> 00:41:53.650
That's the other thing.
00:41:53.710 --> 00:41:56.440
You got to keep reporting back and letting them know how it's going.
00:41:56.440 --> 00:41:57.610
They need to know this.
00:41:58.030 --> 00:41:59.217
They don't know what's in your head.
00:41:59.693 --> 00:42:01.974
They don't know what you have done unless you tell them.
00:42:02.364 --> 00:42:08.577
So this is a cooperative, collaborative relationship to getting policy installed and enacted.
00:42:09.387 --> 00:42:10.018
And.
00:42:10.018 --> 00:42:15.280
Another time for another episode, we'll talk about how once you get it enacted.
00:42:15.811 --> 00:42:22.081
You may very likely have to monitor its implementation and make sure that it really does go the way it was supposed to go.
00:42:22.081 --> 00:42:22.951
The way you designed it.
00:42:23.391 --> 00:42:24.590
That's another episode.
00:42:25.561 --> 00:42:26.731
But these are the basics.
00:42:26.880 --> 00:42:41.943
And if you can see that in this same way that the process of crafting your advance work and getting the details right on what you need the policy to do and how it needs to work, and what specific details that needs to address.
00:42:42.463 --> 00:42:43.903
That that's the first part.
00:42:43.934 --> 00:42:47.744
And then there's just as much detail involved in crafting the actual language.
00:42:47.744 --> 00:43:00.706
And working with all of the people whose job it is to bring your policy idea to a finished, effective piece of policy, that will actually accomplish what it is you need it to accomplish.
00:43:01.007 --> 00:43:05.056
But you've got to attend to all of the details all the way through.
00:43:06.077 --> 00:43:12.407
And be alert to the fact that until the thing is signed, sealed, and delivered, changes could happen at any moment.
00:43:12.677 --> 00:43:15.137
And you have to be on top of that the whole way through.
00:43:15.880 --> 00:43:16.929
When you do that.
00:43:16.989 --> 00:43:26.920
And especially when you do that in partnership with a champion or an ally in the policymaking world, Your ability to make really impactful, powerful policy.
00:43:27.219 --> 00:43:30.849
That is going to dramatically improve the lives of the people you serve.
00:43:31.179 --> 00:43:37.000
And the ability of your organization to do its incredibly good work and increase its impact.
00:43:37.389 --> 00:43:41.260
Your chances of being able to do all of that go way up.
00:43:41.880 --> 00:43:43.469
That's what I want for you.
00:43:43.679 --> 00:43:46.469
And I hope this has been helpful to get you to that place.
00:43:47.137 --> 00:43:48.036
Thanks for listening.
00:43:48.427 --> 00:43:52.237
And I'll see you in the next episode right here on the Nonprofit Power Podcast.