• Share
  • Email
  • Embed
  • Like
  • Save
  • Private Content
Making participation legal - UNH law school forum
 

Making participation legal - UNH law school forum

on

  • 124 views

 

Statistics

Views

Total Views
124
Views on SlideShare
124
Embed Views
0

Actions

Likes
0
Downloads
0
Comments
0

0 Embeds 0

No embeds

Accessibility

Categories

Upload Details

Uploaded via as Microsoft PowerPoint

Usage Rights

© All Rights Reserved

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Processing…
Post Comment
Edit your comment

    Making participation legal - UNH law school forum Making participation legal - UNH law school forum Presentation Transcript

    • MAKING PARTICIPATION LEGAL: BUILDING A STRONGER INFRASTRUCTURE FOR PUBLIC ENGAGEMENT Matt Leighninger UNH Law School Forum March 25, 2014
    • THE DELIBERATIVE DEMOCRACY CONSORTIUM
    • THE CONTEXT FOR ENGAGEMENT: HOW HAVE CITIZENS* CHANGED?  More educated  More skeptical – different attitudes toward authority  Have less time to spare  Better able to find resources, allies, information (Internet) * citizens = residents, people
    • THE CONTEXT: FAMILIES WITH YOUNG CHILDREN  Have the most at stake in community success  More motivation to engage, but even less time  Want to engage in community, not just politics
    • THE CONTEXT: INCREASED USE OF THE INTERNET Available free for download at BIT.LY/IWJGQN
    • THREE MINUTES AT THE MICROPHONE Retrieved from Cincinnati.com, July 27, 2012
    • “What drove me to try planned, structured public engagement was my awful experience with unplanned, unstructured public engagement.” ─ John Nalbandian, former mayor, Lawrence, KS
    • TREATING CITIZENS LIKE ADULTS Give them:  Information  Chance to tell their story  Choices  Legitimacy  Chances to take action  Good process  Food and fun!
    •  The status quo and default structure  No discussion outside the agenda  Oriented to getting comments in the record  Easy to disrupt  Even the physical layout makes people angry THREE MINUTES AT THE MICROPHONE
    • Administrative Procedure Act (APA 1946) Freedom of Information Act & Sunshine Act (1966) Federal Advisory Committee Act (FACA 1972) Administrative Dispute Resolution Act (ADRA 1996) Negotiated Rulemaking Act (NRA 1996) E-Government Act (2002) “Public participation” used over 200 times in the U.S. Code, over 1,000 times in Code of Federal Regulations – and rarely defined HOW WE GOT HERE: THE FEDERAL FRAMEWORK
    • Parallel to federal models Model State Administrative Procedure Act (1961, 1980, 2010) Freedom of Information Acts Government in the Sunshine Acts Some agency dispute resolution laws and/or negotiated rulemaking laws Home Rule Acts generally silent on public participation HOW WE GOT HERE: THE STATE FRAMEWORKS
    •  “Public participation” mandated but generally not defined; APA silent on upstream uses  No broad-based authority or mandate for deliberative democracy or participatory democracy  Sunshine laws & agenda constraints  Limits on creative thinking about dialogue among electeds and public GAPS IN AUTHORITY
    • WORKING GROUP ON LEGAL FRAMEWORKS FOR PUBLIC PARTICIPATION
    •  Broad and non-exclusive definition of public participation  Built into the phrase “public participation” so it hits every specific authorization for PP in a State Code  No mandates – model is ADR  Agency policies  Public Participation Specialists  Decision to use particular process insulated from judicial review  Provision for “Public Participation Meetings” so electeds and the public can deliberate outside the box STATE PUBLIC PARTICIPATION ACT
    •  Similar structure  Again, no mandates  Principles for successful public participation  Possible use of commission or other agency at local government level  No reference to changing sunshine laws as usually a matter for state legislature  Best use: to start a discussion about how you want participation to work in your municipality LOCAL PUBLIC PARTICIPATION ORDINANCE
    • Available free for download at BIT.LY/1F2MGAP/
    • SUCCESSFUL TACTIC: PROACTIVE RECRUITMENT  Map community networks;  Involve leaders of those networks;  ‘Who is least likely to participate?’  Use online as well as f2f connections;  Follow up!
    • SUCCESSFUL TACTIC: SMALL-GROUP PROCESSES  No more than 12 people per group;  Facilitator who is impartial (doesn’t give opinions);  Start with people describing their experiences;  Lay out options;  Help people plan for action.
    • SUCCESSFUL TACTIC: FRAMING AN ISSUE  Give people the information they need, in ways they can use it  Lays out several options or views (including ones you don’t agree with)  Trust them to make good decisions
    • SUCCESSFUL TACTIC: ENCOURAGING CITIZEN ACTION
    • SUCCESSFUL TACTIC: ONLINE TOOLS Particularly good for:  Providing background information  Data gathering by citizens  Generating and ranking ideas  Helping people visualize options  Maintaining connections over time
    • QUESTIONS OR COMMENTS?
    • Participation commissions or advisory boards can:  Develop multi-year participation plans  Develop guidelines on when/how participation should happen  Assess and evaluation current participation efforts  Provide annual report to council on status of participation  Help strengthen networks for recruitment PUTTING THESE TACTICS TO USE: PARTICIPATION COMMISSIONS AND ADVISORY BOARDS
    •  Stronger networks, online and off, for recruitment and dissemination of information  Better use of social media to raise interest, discussion before and between meetings  Clear avenues for public to present ideas for the agenda  At the meeting (or as a pre-meeting), a format featuring small-group discussions  Proposed guideline: Electeds cannot vote, act, or make decisions until information from meeting is made public PUTTING THESE TACTICS TO USE: BETTER FORMATS FOR PUBLIC MEETINGS
    •  Larger assumption to discuss: What is government’s role in supporting participation?  One office – or participation skills distributed throughout departments?  Training opportunities  Need for principles, protocols, and metrics to guide the work PUTTING THESE TACTICS TO USE: PARTICIPATION STAFFING IN CITY HALL
    • WHY SUSTAINED ENGAGEMENT? Increases in:  Trust  Efficiency  Equity  Connectedness …which increases:  Economic growth  Public health
    • BUILDING BLOCKS FOR CIVIC INFRASTRUCTURE
    • BUILDING BLOCK: Helping neighborhood and school groups become more - effective - inclusive - participatory
    • BUILDING BLOCK: HYPERLOCAL ONLINE FORUMS More sustained Larger, more diverse numbers of people Easier for ‘engagers’ – recruitment doesn’t have to start from scratch More open to ideas from the ‘engaged’
    • BUILDING BLOCK: CIVIC INDICATORS
    • BUILDING BLOCK: YOUTH LEADERSHIP
    • “Sometimes you need a meeting that is also a party. Sometimes you need a party that is also a meeting.” ─ Gloria Rubio-Cortès, National Civic League DON’T FORGET: FUN!
    • SLIDES AVAILABLE AT: WWW.SLIDESHARE.NET/MATTLEIGHNINGER GUIDES: PLANNING FOR STRONGER LOCAL DEMOCRACY – BIT.LY/PSLDNLC USING ONLINE TOOLS TO ENGAGE THE PUBLIC– BIT.LY/IWJGQN MAKING PUBLIC PARTICIPATION LEGAL – BIT.LY/1F2MGAP
    • RESOURCES www.icma.org www.participedia.net www.deliberative-democracy.net www.everydaydemocracy.org www.publicagenda.org www.kettering.org
    • QUESTIONS OR COMMENTS?