Public Policy Handbook Membership

Public Policy Handbook

Letter from the Chair, Public Policy Advisory Council

Dear Security Professional:

Several years ago, ASIS made a deliberate decision to take action to protect and advance the interests of its members in the public policy arena. This was in recognition of the fact that laws and regulations are an increasingly important part of our everyday lives as Americans and security professionals.

New laws and regulations are being developed constantly. Some may have beneficial effects on security, and some may be damaging. There is only one way in which we can try to ensure that the laws and regulations are beneficial to us. That is by making our opinions known to government officials.

This Handbook describes the rationale, structure, methods and rules of ASIS's public policy program. We believe that it will prove valuable as a guide to those ASIS members who are involved in our government relations activities. And we hope it proves valuable to all ASIS members who wish to enhance their own understanding of government and their ability to make it work better.

Sincerely,

Marene Allison
Chair, Public Policy Advisory Council


I. Public Policy.
A. Definition. Public policy is the code which governs our behavior as citizens. It includes laws, which begin as legislation, and regulations, which prescribe how the laws will be enforced. Public policy is established at all levels of government-federal, state, county, district, and local-and it affects the lives of all Americans every day.

A law is enacted, or a regulation promulgated, to meet a perceived need or resolve a perceived problem. In a democracy, the process often includes the detailed examination of opposing points of view relative to the need or problem and the proposed solution(s). Efforts are made to establish facts, and this often leads to analysis of trade-offs between opposing interests and courses of action. The result is supposed to be the one which serves the greater good. Often it is. Almost invariably, however, the result is the one in which, for better or worse, the most effective arguments prevail.

The initial result is not necessarily the final one. Public policy is a living system of laws and regulations, any one of which may be re-examined upon determination that it is not serving the intended purpose, that it has unintended consequences, or that it has become obsolete. In other words, just because a law or regulation has been put on the books, it does not mean that the books are closed.

At every step, Americans have the right to participate in the public policy process. They have the right to bring their knowledge and opinions before those who make public policy in both the legislative and executive branches. Unfortunately, very few do. Many believe that "the system" is so big and complicated, and so under the influence of partisan politics and campaign contributions, that the voice of the individual citizen will not be heard. Unfortunately, there is some justification for this point of view. And yet, taken as an excuse for not becoming involved, it is a tragic misconception. Normally, "the system" works exactly as it should.

B. Public Policy is Important. We all have to live with it. But we also have the power to affect it. Elected officials want to hear from citizens, especially their constituents, who are knowledgeable about issues or have strong opinions about them. These elected officials conduct hearings in order to gather information, and they also are happy to meet with citizens who can contribute special knowledge or opinions to the process. When they don't get this kind of information, the result often is law or regulation that is based on faulty premises and that sometimes has effects worse than the original problem that was to have been resolved.

The public policy process is like a bustling, competitive marketplace. Interests strive to ensure that they are heard and that their knowledge and opinions will be strongly considered, and perhaps even prevail, in the development of policy. Virtually every cause, organization, profession, business, political jurisdiction, neighborhood, family, and individual in the United States has interests, many of which are locked daily in the struggle for primacy in the public policy marketplace. Often, different interests of the same group or individual will be in competition with one another. But whether or not we choose to participate by advancing our interests and opposing competing interests, the marketplace will continue to function. Policy will be made with or without any single group or individual "at the table."

In this sophisticated age, many interests have raised issue advocacy to an art form. Partisan politics and campaign contributions aside, most policy outcomes are the result of positions that are clearly and convincingly articulated. Those who are unable to participate in the process, or who choose not to participate, can only hope that their interests are of such obvious and compelling merit that they will prevail. That outcome is not likely. Normally, they just forfeit the contest to those who care more, have more resources, or are willing to work harder.

Security professionals, many of them coming from law enforcement or military backgrounds, sometimes tend to think of contact with elected officials as "political" activity, and therefore somehow unseemly. It isn't. In fact, each of us has a civic duty to advise our elected officials of our experience and opinions on relevant issues. If we don't, then we cannot expect the results to reflect our knowledge or opinions, or to be much to our liking.

Ignoring public policy, or throwing up one's hands in exasperation, only guarantees that decisions will be made and policies pursued without consideration of one's point of view. Even worse, for security professionals it guarantees that competing interests, some with views and objectives that are completely unconcerned about security, will prevail in the marketplace. Congress often has before it several measures with serious implications for the security profession. These measures will be shaped by those whose voices are heard. And who is more qualified than the security professional to articulate the concerns of the security profession and those it serves?

II. The ASIS Public Policy Advisory Council (PPAC).
A. The PPAC. In 1997, the leadership of ASIS established the Public Policy Advisory Council as a standing council of the Society. This was in recognition of the fact that the security profession needed a strong voice in the places where public policy is decided. The decision also followed a December, 1996 survey of ASIS leadership in which nearly all the respondents expressed a desire to see ASIS, and through it the profession, take a more active role in public policy.

The PPAC's mission may best be summarized as "working to shape and improve the public policy environment in which security professionals practice their craft." The PPAC has the following as its basic activities:

(1) identify public policy issues that have, or are likely to have, a significant impact on security professionals and on their ability to provide security;

(2) determine the priority of any given issue, and therefore whether it should be monitored, referred to other ASIS councils, or acted upon in support or opposition;

(3) develop positions on selected issues which reflect, as closely as possible, the experience and opinions of security professionals affected by those issues; and

(4) plan, coordinate, and implement activities which educate public officials and which work in support of, or in opposition to, selected issues.

Since its establishment in 1997, the PPAC has worked to educate Members of Congress and executive branch officials about the scope, size and importance of the security profession. It also has offered ASIS as a valuable resource for officials to use when considering issues and options. Thus, it has heightened significantly the visibility of the Society and the profession. One result has been success in advocating a private security position on several important bills which have been enacted into law.

B. ASIS Legislative Counsel. Assisting the PPAC is ASIS's Legislative Counsel, a consultant in government relations and public affairs, who reports to the PPAC and to the Executive Director of ASIS. The Legislative Counsel:

(1) monitors legislation for issues affecting the security profession;

(2) recommends priorities, positions, strategies, and actions to the PPAC;

(3) serves as a point-of-contact with ASIS Legislative Coordinators; and

(4) carries out directives of the PPAC before the Congress and executive branch of the U.S. Government.

C. PPAC Membership. ASIS Procedure 6018 prescribes the membership of the PPAC. It states, "PPAC membership will consist of senior ASIS leaders, including the President and past Presidents, the Chairman and past Chairmen, Vice Presidents, and a representative from several key committees/councils, including the Law Enforcement Liaison Council and the Private Security Services Council." The Chairman of the PPAC is selected by the President of ASIS. Further appointments to the PPAC may be made by the Chairman of the PPAC, in consultation with the President and the Executive Director. These additional appointments are based on an individual's stature in ASIS and the security profession, specialized expertise that is needed by the PPAC, and strong interest in, and commitment to, the mission of the PPAC.

The PPAC believes that ASIS now must bring the strength of its membership to bear on the public policy process. This can most effectively be done through the chapters and councils.

III. ASIS Chapters and Public Policy
A. The Importance of the Chapter. The great strength of any organization is at the grassroots. This is particularly true when it comes to the politics of policy. The chapters of ASIS demonstrate the Society's size and geographic distribution, and implicitly, its societal and political strength.

No one gets the attention of an elected official quite like a constituent. It is by serving constituents that these officials are re-elected. Our chapters are the best vehicle for reminding elected officials that ASIS members: are constituents; are a vital part of the community; work for major interests in the community; and protect life and property in many of the places where other constituents work, play and do business.

ASIS members gain the attention and respect of elected officials when they speak out effectively and informatively on issues affecting security. Each chapter should appoint someone to coordinate this process.

B. Appointment of the Chapter Legislative Coordinator. In the section on "Chapter Committees" in the ASIS Chapter Handbook, it is suggested that chapters "may wish to consider (the appointment of a legislative committee) if the need exists." The PPAC asks that each chapter chairman give this strong consideration.

If appointment of a legislative committee is not deemed feasible, the PPAC asks that, at the very least, one member be appointed to serve as Legislative Coordinator for the chapter. The chapter Legislative Coordinator, whether chairing a legislative committee or working without a committee, will serve as the focal point for public policy in the chapter.

The appointment of Legislative Coordinators requires care. Appointees should genuinely and strongly believe in the advancement of the security profession and want to play a role in shaping public policy that affects the profession. They should have an interest in government and politics and good communications skills. And they should be willing to devote several hours each month to the task. Access to email is critical, since that is the preferred method for communicating rapidly on late-breaking legislative development.

Information on chapter Legislative Coordinators should be sent to the Chairman of the PPAC via ASIS's Legislative Counsel at jlichtenstein@asisonline.org. This should include name and, for both work and home: address; phone; fax; and email.

C. Role of the Chapter Legislative Coordinator. The role includes the following activities prescribed in the Chapter Handbook:

1. keep track of, and report on, developments in proposed state and local legislation of interest to the security profession;

2. present testimony, when necessary, before the appropriate state and local governing bodies on behalf of the local chapter only; and

3. send a copy of any position taken on local or state regulation to Headquarters. In addition, and in keeping with ASIS's increasingly dynamic approach to national public policy, the following tasks not prescribed in the Chapter Handbook are included:

4. serve as chapter point-of-contact for the PPAC and Legislative Counsel;

5. receive from Headquarters, and pass on to the chapter members, information on developments in Washington, DC affecting the security profession, including periodic Legislative Status Reports;

6. convey to the PPAC and Legislative Counsel the chapter's views and concerns on important public policy issues;

7. establish and maintain relationships with selected public officials and their staffs;

8 coordinate chapter participation in campaigns designed to advance or oppose selected policy measures; and

9. arrange chapter representation for important meetings with their own elected officials in Washington, DC.

D. The Chapter Impact on National Policy. The last three of the roles identified above for the Legislative Coordinator will enhance the Society's ability to conduct its activities nationally from Washington, DC. To elaborate on each:

1. Establish and maintain relationships with selected public officials and their staffs. Such relationships are an investment, and should be established before they are needed. The process of forming relationships with public officials seems more complicated and time-consuming than it really is. A program of chapter liaison with a Member of Congress might include the following:

a. The Legislative Coordinator and other chapter members may meet initially with the local staff of the Member of Congress, either the office director or the aide who handles crime and security issues. This would be to familiarize them with ASIS and the security profession. The chapter should offer ASIS as a resource on issues involving security.

b. Several times per year, the Legislative Coordinator may meet or talk with the Member's local office staff, to keep ASIS "top of mind." He or she might offer briefings to the staff or to the Member of Congress on selected issues-those which affect security nationally, and those which are of interest locally.

c. The chapter may invite the aide(s) and/or the Member to appropriate chapter events. In fact, the chapter should try to meet with the Member at least once during each two-year term, especially when he or she is at home during a Congressional recess. That is when Members of Congress are most available to constituents. Perhaps the Member could be invited to speak at a chapter luncheon or ceremony, or participate in another event, even one is developed specifically for this purpose.

Such activities, if well publicized, can play a significant role in chapter development. When inactive ASIS members and other security practitioners note that the ASIS chapter is becoming a "player" in public life, it enhances the prestige of the chapter and the value of membership. It also attracts the attention and interest of other community leaders, such as the employers or clients of ASIS members.

2. Coordinate chapter participation in campaigns designed to advance or oppose selected policy measures. A further role of the chapter Legislative Coordinators will be organizing expressions of support or opposition from the chapters on issues which are important to ASIS. If a particular Member of Congress is crucial to the outcome of an issue, we may ask the Legislative Coordinator to organize a communications campaign aimed at that Member. In all cases, we will provide guidance to the Legislative Coordinator.

3. Arrange chapter representation in important meetings with their own elected official in Washington, DC. The chapter legislative coordinators will be able to assist us in identifying chapter members who might be needed to meet here in Washington with their Member of Congress at a critical time on a critical issue. Nothing can drive a point home to a Member of Congress more effectively than a constituent's direct request for help.

This system can be a very powerful tool for the security profession. If it works as it should, Members of Congress and their staffs will become familiar with ASIS and conversant in security issues. And they will get to know some of the ASIS members in their districts and the companies for which they work. Important doors will have been opened even before ASIS's Legislative Counsel and staff do their jobs in Washington, DC. We already have seen this happen in some cases, but only in areas where the chapters have been active in seeking to know their elected officials.

E. Roster of Chapter Legislative Coordinators. There are 149 domestic chapters of ASIS. Only about a third of these have appointed Legislative Coordinators. The most recent roster of chapter Legislative Coordinators, including contact information, is under construction and will appear at Appendix A of this Guide. This roster will be updated as new information comes in from the chapters.

F. Roster of Chapters and Their Members of Congress. The process of bringing chapters' strength to bear in national public policy requires determining how chapters line up with Congressional districts. With two senators per state, the relationship between their jurisdictions and the chapters of ASIS is clear. With Representatives, however, the lines are a little less clear. There are 535 Senators and Representatives in the U.S. Congress. Some ASIS chapter areas include several Congressional districts. And some Congressional districts overlap between several ASIS chapter areas.

At Appendix B of this Guide will appear a roster of chapters and the Congressional districts they include. Members of Congress will be named, with contact information. This also will be updated as new information comes in from election results, Congressional offices, and ASIS chapters.

V. ASIS Councils and Public Policy
A. The Importance of the Council. Whereas the chapters of ASIS work best to show the size, scope and political strength of ASIS and the security profession, the councils work best to show the in-depth issue expertise and experience of the society and profession. When particular knowledge of an issue is needed, the council is the repository of that knowledge, either directly from the council members or through their contacts with other ASIS members who are known and respected in the topic area.

B. Appointment of the Council Legislative Coordinator. Just as it did with chapters, the PPAC asks that each council chairman give strong consideration to appointment of a Legislative Coordinator. The council Legislative Coordinator, whether chairing a legislative subcommittee or working without a subcommittee, will serve as the focal point for public policy in the committee.

The same criteria and care called for in appointment of a chapter Legislative Coordinator is required in the appointment of a council Legislative Coordinator.

Information on committee Legislative Coordinators should be sent to the Chairman of the PPAC via ASIS's Legislative Counsel at jlichtenstein@asisonline.org. This should include name and, for both work and home: address; phone; fax; and email. Email is important for communicating widely on fast-breaking legislative developments.

C. Role of the Council Legislative Coordinator. The role includes the following:

1. serve as council point-of-contact for the PPAC and Legislative Counsel;

2. receive from Headquarters, and pass on to the council members, information on developments in Washington, DC affecting the security profession;

3. convey to the PPAC and Legislative Counsel the council's views and concerns on important public policy issues, especially those involving the council's area of expertise;

4. when requested by the PPAC, to canvass council members and other ASIS members in the council's field of specialization in order to provide knowledge, opinion, and expressions of experience on issues involving that field; and

5. provide experts and expert testimony for meetings with public officials and for public hearings.

D. The Council Impact on National Policy. ASIS councils permit us to participate in the public policy process in an active, informed way. They can reach deeply into the society and find the kinds of information that are important to policy makers. Because the officials who are drafting laws often do not have first-hand experience in the subject matter at hand, they rely on those who do, and who therefore can lend reality to the process.

The members of ASIS councils, as well as the other experts they can reach within and around the society, are invaluable sources of information on the practical aspects of policy, such as: how severe a need or problem really is; what has worked or not worked in the past; and what may work or not work in the future. In addition to providing experts for meetings and testimony, they can identify and gather anecdotal evidence of problems, often called "horror stories," which are of interest to public officials. Our councils offer us the opportunity to contribute directly to the substance of laws and regulations.

For private security officials, it is worth considering that the Congress first and foremost goes to federal law enforcement agencies for information on crime and security issues. If ASIS and its members fail to participate, the information that Congress receives will come solely from the perspective and experience of public law enforcement alone. The resulting picture is incomplete, simply because the experience and interests of public law enforcement and private security are not always compatible. It serves no one to have the expertise of private security kept quiet.

E. Roster of Council Legislative Coordinators. The most recent roster of committee Legislative Coordinators, including contact information, will appear at Appendix C of this Guide. The roster will be updated as new information comes in from the chapters.

V. Speaking for ASIS.
A. ASIS Policy. Normally, a very limited number of senior volunteer leaders may speak on behalf of the Society and its members. Chapter or Council Legislative Coordinators asked to help on specific national issues which are supported or opposed by ASIS will be notified of the position which ASIS has taken and the reasons for that position. They will be given specific, clear guidance, usually in the form of "talking" points, for use in their communications. By closely following this guidance, they may speak for ASIS. They should not depart from this guidance except to discuss their own experience with the issue or to demonstrate how the issue affects their local area or industry.

B. Compliance with Applicable Laws. ASIS is registered to advocate its positions before the Congress. Therefore, no special steps need be taken by ASIS members before communicating with Members of Congress. ASIS members wishing to advocate positions before their state or local elected representatives should become familiar with applicable state or local laws. These laws usually are maintained and enforced by the Office of the Secretary of State in each state.

VI. A Practical Guide for Communicating with Elected Officials, by Jack Lichtenstein Legislative Counsel, ASIS
Here are some principles to keep in mind when communicating with elected officials at any level of government. To one extent or another, they apply equally to presidents and mayors, to U.S. Senators and town council members.

1. Elected officials are a lot like the rest of us. They work hard. They take pride in their work. They believe in what they are doing, and they want to do a good job. When they pass a law, they hope it will accomplish what was intended. They know they don't have all the answers, so they want to hear from constituents and experts before making critical decisions on issues.

2. Never underestimate the power of staff. Elected officials normally prefer that you first meet with staff. In this regard, there are two staff members who will be particularly important to you. The first is the scheduler. In most offices, schedulers exercise considerable control of the calendar and, therefore, access to the official. The second is the person on the staff responsible for the particular issue(s) in which you are interested. This person may or may not be an "expert" on the issue, but likely knows a great deal about it and will have the power to decide whether you should be heard by the official and your issue acted upon.

3. An initial meeting with an elected official or staff member does not necessarily have to be based on a specific issue. It can be for introducing the official to ASIS, discussing a range of important crime and security issues, and offering ASIS and the chapter as resources for the official to draw upon in considering measures affecting security. Beyond the introductory stage, however, you should have a specific purpose in mind. Officials have little time to waste, and in fact, they will expect you to want them to do something-to listen to your informed opinion on a measure, to support it, or to oppose it. Be prepared to tell the official exactly what you would like him or her to do and why.

4. If you secure a meeting with a public official or staff, bring a brief paper with you which clearly outlines the issue and what you want done. This "leave-behind" document should be not more than one page if possible. It should have contact name(s) and number(s) on it, in case the official wants to follow up with questions or comments.

5. The nature of public officials' schedules is that they often are unpredictable. Be on time for a meeting, but expect to have to wait or be interrupted if the meeting is during a particularly busy period. A twenty or thirty-minute meeting usually is more than long enough to explain your qualifications, express your point-of-view, and make your request. But you may have to do it in much less. When the official stops asking questions and seems to understand what you want, the meeting is over.

Don't be discouraged if things go awry. We have seen many cases where what was to have been a thirty-minute meeting with a Member of Congress in his or her office has turned into a ten-minute meeting with a staff member in a hallway. The important thing is that the message is communicated to someone who can do something about it. The clarity and weight of your message is more important than the way in which it is delivered. Even if your meeting is cancelled at the last minute, you will have your one-page paper to leave behind until you can reschedule.

6. When contacting an elected official about an issue, assume he or she has no knowledge about that issue. This is especially true with legislators who may be working on dozens of diverse issues simultaneously. They can't know everything. Whether verbally or in writing, bring the official "up to speed" on your issue clearly and concisely. Minimize the use of jargon or terms only familiar to insiders. In a meeting, it will become apparent to you quickly if the official knows a great deal about the issue. Then you can skip the basics and get into substance.

Staff members assigned to the issues usually know them well. Their job is to know the details and advise the official. A Member of Congress who serves on the Judiciary Committee, for example, may have one aide who focuses solely on crime and law enforcement issues. With someone like that, you likely will be able to go right into details.

7. There are a few elements of information which are essential in presenting your case to an elected official, whether in person or in writing.

a. Clearly state what you want, e.g., "I am writing in the hope that you will support H.R.3408, the Fair Credit Reporting Act Amendments."

b. Very briefly present your qualifications for speaking on the issue, e.g., "I am a security professional and member of the Metropolis Chapter of ASIS, the largest professional organization in the security field with 35,000 members. I believe I am particularly qualified to address this issue."

If you are not prevented from doing so by your employer's policy, mention your occupational position, e.g., "I also am Security Director for XYZ Corporation." It cannot hurt your presentation if you work for a major, recognized employer in or near the Member of Congress's district.

c. State why it is important that the Member of Congress do what you are requesting, e.g., "I believe current law, which H.R.3408 will change, poses serious impediments to the conduct of investigations of workplace misconduct and jeopardizes the safety of businesses, their employees and consumers." If you can mention a particularly good example or two, that will help. Real examples are better than hypothetical ones. Show how the issue affects people. An issue does not develop a life until the effects on people can be understood.

d. Offer to provide additional help, e.g., "If you would like more information, or if I can help you with this issue in any way, please let me know."

e. Express gratitude, e.g., "On behalf of Metropolis's security professionals and the people they serve, thank you for your interest and support."

8. Elected officials are most responsive to interests in their own jurisdictions. If you can relate your position to something in the official's jurisdiction, do so. Anything that brings the issue closer to home is good. For example, talk about what is happening in the local area with regard to that issue, and about how local security and law enforcement professionals, employers, and citizens are affected by it.

When you communicate with officials who do not represent you, just remember that communications from non-constituents have very little weight, unless, of course, the senders are widely known and respected. Just like the rest of us, politicians pay most attention to their own constituents-who are their bosses-or to persons with whom they are familiar.

9. In the order they have impact, methods for contacting elected officials include the following:

a. meeting with the official (almost always requires a letter in advance);

b. meeting with staff of the official;

c. individualized letter to the official;

d. telephone call to the official or staff;

e. email;

f. form letter; and

g. petition.

Letters are better than phone calls because they show effort, which translates into commitment, and they can be copied and passed around. And they are far better than form letters and petitions, which tend to receive serious attention only if sent in great volume. Staff assume that the senders of form letters are not committed enough to the issue to take the time and effort to put thoughts and feelings into their own words. And they know that many people will sign petitions for almost anything. The same attitude holds for email. Congressional offices know that email has become the easiest and most pervasive form of communication, and they treat it accordingly. The exception is email that shows individuality, thought and conviction.

Of course, a well-organized, comprehensive communication campaign aimed at an elected official will use more than one of these methods.

10. It takes surprisingly little communication to get the attention of a public official. The unfortunate fact is that not very many Americans exercise their right to petition their government. Therefore, a handful of well-conceived, individual letters on most issues will get serious attention and consideration. In many U.S. House offices, a half-dozen such letters on one issue begin to be noticed. Twenty or thirty such letters constitute a deluge. Often, the best ones are brought to the attention of the official.

11. In conducting a communications campaign aimed at an elected official, don't hesitate to get others involved. If the issue in question will affect your employer, then have your employer and fellow employees communicate, as well. They may not be security experts, but they probably share your concerns. If your employer has a government relations office, see if that office will adopt your issue as a priority. Don't overlook related professional and industry groups, citizens' organizations, friends, neighbors, and others who may feel the same way you do about the issue. The more people who become involved, the better. It helps to show that your interest is not a narrow one and is shared by many.

12. In contacting an elected official, be professional and polite, and don't threaten. This seems obvious, but you would be surprised at how many letters include phrases like, "I'm fed up with..." or "You don't know what you are doing..." or "If you don't support this, I will work against your re-election...". You don't respond well to insults; why would an elected official?

13. If the official has supported you or voted your way on an issue in the past, don't hesitate to reiterate your thanks for that and your hope that he or she will continue to support you. Any time the official does as you have requested, write or call again to express your thanks. And if he or she does not do as you have requested, do not hesitate to go back again on another issue.

14. If you are sending a letter to an elected official's office, get the name of the staff member responsible for the issue about which you are writing. Send that staff person a copy of your communication to the elected official. You might even try to talk with the staff member, who may in turn make a special effort to get your correspondence directly before the official.

As a final note, don't be cynical about politics and policy. The system works, and normally very well. Every American believes that his or her issues are the most important and worthy of support. In the competition to advance or oppose issues, however, the race usually goes to those who present the most rational and compelling case. On those few issues where you may be asked to help, you can make a difference.