SUCCESSFUL TOWN-GOWN COMMUNICATION ON LEGAL AND OTHER ISSUES March - - PDF document

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SUCCESSFUL TOWN-GOWN COMMUNICATION ON LEGAL AND OTHER ISSUES March 22-24, 2001 Carol L. J. Hustoles Western Michigan University Kalamazoo, MI Kaye Lingle Koonce Trident Technical College Charleston, SC Building and managing open lines of communication with the public and local

• fficials

I. Why bother? Consider the multitude of issues where colleges and universities interact with the public and local officials. A. Funding Sources 1. Municipal and county appropriations to the institution 2. Community foundations 3. Councils of government 4. Consortia grants B. Collaborations 1. Grants--joint applications for projects 2. Contracts with universities/colleges for services 3. Police/traffic/safety services 4. Research parks 5. Historic districts 6. Joint construction projects

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C. Zoning 1. Historic districts 2. Student housing, particularly in residential areas 3. Research parks D. Tax issues 1. Exemption from taxation 2. Payments in lieu of taxes E. Infrastructure/Services 1. Roads 2. Utilities 3. Cable lines 4. Sewers 5. Fire/additional police protection F. Criminal matters 1. Investigations of the institution's employees or students 2. Prosecutions of the institution's employees or students II. Why now? Don’t wait until a crisis occurs to get acquainted. A. Establish relationships with local officials-elected, appointed and professional staff before there is a problem to resolve and before the media is on your doorstep. 1. What is or should be your relationship with your local leaders? a. Elected officials such as mayors, city and county council members, sheriffs b. Appointed officials such as zoning boards, architectural review boards, housing authority boards c. Professional staff such as city administrators, city and county attorneys, police chief, etc.

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2. Who in the institution should have the relationships with and/or be communicating formally and informally with these leaders on behalf

• f the institution?

a. President b. Public Relations or Community Relations Officer c. Government Relations Officer d. General Counsel e. Campus Police Chief f. Other institution officials g. Board of Trustees Chairman and members h. Foundation board, or other friends of the college 3. It is often difficult to avoid the landmines among partisan politics, municipal and county conflicts, and other competing local interests. There may not be any permanent friends but, an important goal is not to make permanent enemies either. a. Consider making an investment of time and money to attend political fundraising events. Remember that the institution depends on appropriations from public officials and legislators who know that the institution is willing to support them. b. Political contributions to the people in power, (i.e. governor, state and federal senators and representatives, etc.), can not only help the institution, but may enhance your own career as well. Consider the money as an investment in the future and wellbeing of both you and your employer. c. Get to know your institution's legislative liaison and/or the external lobbying firm that can advise you on how to maximize the effectiveness of your dollars. Contribute to the political action committee and ask if you can attend functions on tickets paid for from the PAC. d. Don't just attend functions and leave after putting in an appearance (except that's better than nothing at all). MAKE THE EFFORT to spend a little time talking with, not only the political guest of honor, but also their staff people, other community leaders, and other business leaders. You may actually have fun doing so.

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B. Establish relationships with the public. 1. Neighborhood associations near the institution 2. Environmental groups that may have concerns about the institution’s activities 3. Community relations, organizations such as the Urban League, NAACP, Hispanic Council 4. Business & civic organizations such as chambers of commerce, manufacturers associations, Rotary 5. K-12 education leaders and organizations 6. Religious leaders and organizations 7. Charitable organizations, such as the United Way, the Heart Association, and Habitat for Humanity 8. Professional associations, such as the county bar, CPA association, and a writers’ guild C. Be a good neighbor. Develop positive community and public relations to build good relationships, before you need to call on them for help. D. Impediments to good relations with the public and local officials 1. Confidentiality requirements or preferences a. Personnel issues b. Contract negotiations c. Collective bargaining agreements and employee-right-to-know laws that specify requirements for disclosure of information about employees d. FERPA constraints on disclosure of information concerning students 2. Conflicts in the interests of the parties-especially if there are multiple parties 3. Lack of internal communication and coordination and failure to have a clear policy of who should be speaking for the institution officially a. Coordination with President’s office b. Coordination with Public Relations Office or Community Relations Office c. Coordination with Development Office d. Coordination with individual faculty and staff e. Coordination with Student Affairs Office

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• Surprise. No one likes surprises, especially problems. Consider

letting the public leaders and officials know of problems before the press asks them questions. It is better to hear bad news or adverse decisions from the institution directly than to hear it from the press. E. Use the institution's web site to communicate with various constituencies during crises or as continuing communications link. 1. UPDATE the web site to include information relevant to any crises or continuing issues (i.e. dormitory fire, rape investigations) 2. Consider having special pages for various constituencies F. Media relations are a significant part of the overall town/gown relationship and cannot be underestimated in developing and maintaining positive (or negative) relationships with the public and local officials. Perception IS reality. G. Ethical and confidentiality considerations for college counsel in dealing with community relations 1. Pending or potential litigation concerning the issue 2. FERPA and other privacy issues 3. Freedom of Information Act 4. The institution as Client: ABA Model Rules 1.13,1.16,1.7 address relevant ethical considerations. H. Conduct an inventory of the public service involvement and volunteer projects by administrators, faculty, staff and students. These external connections can be valuable in building, or repairing, bridges to various public officials or constituencies. I. Share the “Good News” of your institution. Always have an agenda of two

• r three talking points about the institution that you want to communicate,

even in informal settings. J. Use Alternative Dispute Resolution (ADR) resources to resolve conflicts if the institution and the public or organization cannot resolve the issue between or among themselves.

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III. Who’s who and why care? A. Do you know these local elected officials? 1. Mayor and Council members 2. County Supervisor and Council members 3. District Attorney 4. Sheriff 5. Clerk of Court 6. Treasurer 7. School Board members 8. Auditor B. Do you know these appointed officials? 1. Zoning Commission Chairperson and Commissioners 2. Community Relations Councils 3. Cultural Affairs Commission Chairperson and Members 4. Magistrates 5. School Superintendents 6. Public Works Commissioners 7. Human Affairs Commissioners C. Do you know these professionals in local government? 1. City and County Attorneys 2. City Manager and Deputy Managers 3. County Administrator 4. Police Chief 5. Tax Assessor 6. Council of Governments Representatives 7. Clerk to City and County 8. Cultural Affairs Director D. Do you know these other individuals with whom good relationships and communications can benefit your institution? 1. Federal and state legislators 2. President of the institution's student association 3. Editor-in-Chief and faculty/staff advisor of the student newspaper 4. Reporters who are assigned to cover news of the institution

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E. Suggestions for where to interact with local officials and government professionals. 1. College/university community events where local officials may be

• invited. Make a point to find out who is on the invitation list, and if

they are not invited, get them on the list and then attend and talk to them socially. 2. Local bar association meetings to meet local officials and city/county/township attorneys. 3. Regular public city/county commission/council, township/board/planning commission/zoning board of appeals

• hearings. Take the initiative to introduce yourself, compliment on a

well-articulated point, etc. 4. Occasionally accompany your institution's representatives when they go to meetings, and let them introduce you to their city/township/county counterparts. This has the benefit of being supportive of your own client and establishing better rapport and letting them know you feel you can be a better attorney if you better understand their work. 5. Chamber of Commerce annual dinners and events honoring legislators and/or local officials. 6. Rotary of other civic organizations regular meeting and special events. 7. Sporting events, charity golf tournaments, luncheons, and events sponsored by the institution's athletic department--never underestimate the power of sports and athletic events as a common denominator of interest and conversation, or the contacts you can make in the community via your athletic director and staff. 8. Charitable and non-profit organization events such as United Way auctions or NAACP Freedom Dinners. F. Are you or other members of the institution’s leadership involved in these

• rganizations?

1. Chambers of Commerce 2. Economic Development Authority 3. Rotary and other civic organizations 4. Urban League 5. NAACP 6. United Way or other charitable organizations 7. Political Parties 8. K-12 Partnerships

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G. DO's and DON’Ts –Reminders we all know but easily forget. 1. DO communicate regularly--make a schedule or it will slip by you until a crisis occurs. 2. DO be proactive--initiate the communication, don’t wait for the

• fficials to come to you with the problem.

3. DO listen to the complaints--patiently and without an attitude that can be interpreted as arrogance. 4. DO develop cooperative projects to help meet community needs. 5. DO make institutional resources available to the public and officials as much as possible. 6. DO respond promptly to questions, calls, letters, and complaints. Be aware of, and if appropriate, review in advance the institution’s written responses to complaints that may have legal or other significant ramifications. 7. DON'T prolong the wait for bad news--it does not improve with age. Plus, you may lose control over how to present the news if someone else tells it first. 8. DON’T stonewall--just get the facts out and get through whatever the consequences are. Avoid making a one or two day story a media marathon. 9. DON’T surprise the public or officials. a. Starting (noisy) construction projects b. Selling property adjacent to longstanding neighbors c. Concerts to be held at irregular times or places d. Cancellation of a popular community service or program 10. DON’T forget to keep internal constituencies informed of potential public problems. H. Resources 1. Debra Kowich, "Assorted Legal Aspects of Town-Gown Relationships", NACUA/NASPA Student Affairs Workshop: Strengthening Our Alliance, (Washington: NACUA, October 1993). 2. Wendy Ann Larson, ed., When Crisis Strikes on Campus, Chapter 20, "Media Training Checklist: The Top 25 Tips for Faculty and Administrators Who Deal with Journalists", by Annette Hannon Lee (Washington: CASE, 1994). 3. Institute for Crisis Management bibliography at www.crisisexperts.com/bibliography.htm 4. The University of Michigan: link to "Information on Admissions Lawsuits" at www.umich.edu

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5. Western Michigan University: link to information on "Business Technology and Research Park" at www.wmich.edu/btr/ IV. Where do I get the information I need--quickly? Tips for obtaining extremely useful government information. A. Open records laws Remember: Cities, townships, and counties are all subject to open record laws, too. Never hesitate to request records through the process if you run into stumbling blocks to get the records you need. Examples of public records that may be useful: 1. Criminal records/police reports 2. Contracts with college/university employees 3. Tax history/assessments/state equalized valuations 4. Property ownership 5. Parcel size and dimensions (Sidwell books) B. Visit city or county offices personally to find out what records and information are readily available. 1. Go through a search of tax records/property ownership with an address or property description to familiarize yourself with how you find information. 2. Be nice and appreciative to public employees helping you--it is amazing how VERY accommodating they can be when you show them you appreciate their assistance and expertise. They hear complaints often, and do not often hear compliments. Take the time to write a note with a copy to the employee's supervisor if someone was particularly helpful. This effort will help for future requests for assistance, as well. C. CAUTIONARY NOTE: Be careful about when and how you gather information if the matter involves something that needs to remain as confidential as possible or is highly sensitive. Public employees will talk. 1. Example: Being discreet about looking for zoning or property information if the issue is a source of contention with the municipality, or if you do not want others to know the institution is interested in acquiring (which could drive prices up). Consider sending an unknown employee to do the research, and having the staff member pay personally for any copies to be reimbursed later.

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2. Example: Acquiring criminal records from other sources about employees being investigated or prosecuted. Keep the records

• btained in the General Counsel's Office, and do not make copies for
• ther departments except as necessary. Remember, the records the

institution acquires from other sources may become new public records of the institution, and the institution may have to disclose them pursuant to an open record request. V. CONCLUSION--"PIN" To utilize NACUA's strategic focus acronym in the context of building successful town-gown communications and relationships: A. "P"--Be PROACTIVE B. "I"--Be INTERESTED and willing to INVEST time C. "N"--NETWORK! ATTACHMENTS

• 1. University of South Carolina--Policy Number: STAF 3.12, Subject: Off-Campus

Speakers

• 2. Valencia Community College District--Policy Number: 6Hx28:05-09, Title: Speakers
• r Guests
• 3. Western Michigan University--"Fund Raising Activities Guidelines and Memorandum

from President Regarding Solicitation"

• 4. Seyferth Spaulding Tennyson Inc. "Television/Media Training"

(with special thanks to Dan Spaulding for permission to reprint materials for this NACUA workshop)