Effective Advocacy

Effective Advocacy Before Municipal Boards: How to Be an Effective Activist

By Carolyn Zenk, Attorney at Law / Mediator / Activist, former General Counsel Group for the East End, and Southampton Town Councilwoman: 

I have worked for many years attempting to influence various municipal boards in favor of protecting the environment. I was an environmental activist / lobbyist for nearly five years before I went to law school. 

When I returned from law school, I spent another ten years as the General Counsel with the East End of Long Island's leading environmental advocacy organization, Group for the South Fork (now Group for the East End), which attempted to influence various town boards, planning boards, and zoning boards of appeal to make decisions that protected the environment.

After a while, I decided it made more sense to challenge government decisions from the inside or make those decisions myself. I became a Town Councilwoman in Southampton Town, New York for four years from 2000 to 2004.

I also worked at my own environmental law firm for twenty years, often representing citizens groups attempting to challenge government decisions. What works? What does not work? This article discusses these questions. 

Support Good Government Officials

The most important thing you can do to persuade government officials to protect citizens is to make sure that officials who answer to the public have been elected. Get the right people into office in the first place.

Find out who is really working in the public’s interest. Encourage good people to run for office. Contribute time, money, and energy to their campaigns. If you don’t like the government, consider becoming a government official yourself. 

Support Laws That Prohibit Those With Vested Interests From Making Decisions

Advocate for stricter laws prohibiting those with vested interests from serving in government or making decisions on projects where they stand to make a profit. For example, you may wish to prohibit developers from serving on planning boards.

You may need to hire an attorney to find out the kinds of laws that are necessary to do this.  The attorney can research the necessary background, examine the laws already on the books, draft amendments to existing laws, and/or propose new laws. Your attorney can find a government sponsor to bring the law forward.

Find Out Who and / or Which Group Government Officials Respect

Many entities and government officials respond more or less favorably to different organizations or individuals. 

A project can rise or fall depending upon who supports and/or who opposes it. Find a person or group towards whom a government official or officials are inclined. If possible, get that person to present your case. You will stand a better chance of winning. 

Effective Advocacy Before Municipal Boards: How to Be an Effective Advocate

Use Private Meetings With Officials 

You can meet with individuals on certain boards in private. For example, you may be able to meet with one or two Town Board members at one time. These kinds of meetings have the advantage of privacy.

Privacy allows the official to express his/her mind more freely. In this way, you can address his/her concerns about upcoming decisions. By hosting several initial meetings with government officials, you can tailor future presentations, taking into account the concerns your officials have voiced or present data that they expressed that they need to make an informed decision. This will help you be successful. 

Many laws are passed as the result of sponsors. Sponsors bring laws forward for other board members to consider. Government officials are busy people. Many are well-intentioned and want to get things done. They often have pet projects of their own. It is good to “flow with” the things that a government official wishes to accomplish. 

You could conduct the necessary factual and legal research for them and present them with a draft of the law you wish to pass. They can help guide your group by letting you know what their colleagues may find acceptable and support. This can save you a lot of work and help you reach your goals. 

Use of Work Sessions

Some government entities host pre-arranged work sessions in which your group can make a formal presentation to them. These sessions have the advantage of a “give and take” discussion. 

You may receive a half hour or more to present your concerns. (Hearings can be rushed.) You can find out concerns your officials have about your issue. You may be able to bring in experts to talk with officials.

These sessions have the PR advantage of being covered by the press, unlike private meetings. This can put additional pressure on government officials to decide a given issue in your favor. By the same token, officials may be less willing to speak their mind as they would in a private interview, so you may not be able to address their real concerns. It's best to hold a private meeting first to better prepare your public presentation. 

Use Lawyers, Experts, and Effective Speakers at Public Hearings

Public hearings matter. Find out when they are held. If legal issues are involved, you may wish your lawyer to spearhead your presentation. The lawyer can bring in experts to make the necessary scientific or factual points in the most compelling manner.

Then, identify your most effective remaining speakers. If there are three fundamental points to be made about a particular topic or piece of legislation, each speaker can make the point briefly using different examples and/or language. Distribute the remaining topics amongst your remaining “me too” speakers. Each presentation should be compelling, filled with facts. Consider the "Three E's-Educate, Entertain, and include Emotional content. 

The remaining members of your constituency can applaud loudly as your speakers make their presentations. They can carry highly visible placards to make various points. These should be helpful. They should never be offensive.

It’s important to remember that administrative agencies have a lot of power and discretion. When they are challenged in court, the “scope of review” or the matters that judges may consider are very limited. It is best to win in the first instance, not challenge decisions after the fact.

As a matter of law, the courts often use the “arbitrary and capricious” standard. The courts don’t necessarily judge who was right or who was wrong. They may only ask if the law was violated or whether a government decision was completely “irrational.”

This is a very hard standard for citizen groups to meet. Worse, even when citizen groups win against government officials in a court of law, decisions are often simply remanded to the same agency which made the bad decision in the first place. You can win an expensive lawsuit and lose your case anyway. Persuade your officials in the first placer whenever you can. 

Focus Your Resources at the Administrative Level First Rather Than in the Courtroom

Many environmental and civic groups make the mistake of failing to invest their resources at the administrative level. That is the time to invest in changing the government’s mind, not later in a court of law.

The expense involved in making your case earlier at the administrative or board level rather than later in the courts is about one quarter or less of the expense you might face later. Litigation is very expensive. The standard at the agency level is much more generous to the citizen’s group. The question asked is: "Who is right and/or who is wrong or what is the right thing to do?"

Many citizens are surprised to learn that if they did not make their case before the administrative agency, they cannot make it later in court. In regular litigation, you can introduce your witnesses and evidence for the first time in court.

This is not true for the review of administrative decisions, which are treated more like appeals. The “preclusion doctrine” may stop you from introducing evidence government officials never saw in the first place. Invest your money, time, and energy in lawyers and experts before the administrative agency in the first place. This gives you a much better chance of winning. 

Attending Fund-raisers for Officials

Attending fund-raisers for officials should not count, but unfortunately, it does. Officials are human beings and feel indebted to those who show them support. Spend a little money to attend that fund-raiser. It won’t hurt for your official to see you there supporting them. Strike up a conversation.

Letters to Government Officials: Letters to government officials may or may not be read given the crush of mail officials receive. This is still a worthwhile venue. Make the letter short and to the point. Title your letter with the subject involved to orient the reader.

Petitions: Petitions are worthwhile. Make sure that the petition is well-written and makes your points. You may use an attorney to draft your initial petition. Why take the trouble to circulate a petition widely that is poorly drafted? 

Press Conferences

The press conference is an effective tool. You set a time, place, and topic for your conference. You identify key media players and send out a press release informing them of the nature of the conference.

Follow up with a phone call. Identify your best speaker and/or speakers. Gather a dozen or so supporters in a highly visible place. Set up a podium; you are good to go. Have printed material available at the conference to make sure reporters get the story right. 

The Press Release

The press release is a nice device to “heat up” your issue in your group's favor. One usually includes the words “PRESS RELEASE” across the top. It usually looks something like this: 

Press Release

To: All local press

From: Carolyn Zenk, Attorney at Law

Re: The dangers bulkheads present to Southampton's beaches

Date: August 1st, 2022

Contact information: Carolyn Zenk, Attorney: 631-723-2341 (Office)

Title: Zenk predicts that buried bulkheads in eroding areas of Southampton Town will severely shorten public beaches. Zenk calls for revisions to the Coastal Erosion Hazard Area Law.

Letters to the Editor

Letters to the editor are an inexpensive way to influence the government in your favor. Many government officials keep in touch with the pulse of their constituents by reading the local papers. Find the local papers in your area. Find out whether government officials have an official paper that they receive or determine whether they prefer one paper to another. Form a small committee of persons to draft letters to the editor.

Make the letters short and punchy. Make a point or two in one to two paragraphs. Most studies show that the first paragraph of letter to the editor are read the most. Letters two to three paragraphs long are the most likely to be read. An example of a letter to the editor might read as follows:

August 15th, 2022

Bulkheads Destroy Beaches 

Dear Editor,

I support the legislation currently sponsored by Councilwoman Zenk, which prohibits steel bulkheads from our ocean beaches. I have taken many beautiful walks along our local beaches.

I find it disturbing when I am forced into the sea in order to walk around an exposed bulkhead. It’s my understanding that the public owns the beach up to the mean high tide line. This legislation is vital. I urge all citizens to support it at the public hearing in Southampton Town Hall, on Hill Street, on September 15th, 2022

Sincerely, Jane Doe, Citizen 

Ignorance, Incompetence, Corruption, or Improper Influence

Sad to say, sometimes citizens are ignored. Why does this happen? This is where the mystery comes in. Despite watching government officials in action for nearly twenty-five years, I don’t know why the public is often ignored.

Sometimes, the wrong person is in office, an official is incompetent, does not do his homework, thinks he knows better than the public when he does not, or he simply does not care. Good pay for government officials helps to increase competition for these important jobs and puts better people in the right seats.

Town and planning boards wield power over millions of dollars in real estate. Paying them poorly is penny wise and dollar foolish. If things simply don’t make sense, someone may be making some money somewhere that they shouldn’t be. Always “follow the money.” If you find improper influences, expose them. Insist that government officials with vested interests step aside and give up their vote on that issue. 

Use of Attorney Activists

The use of attorney activists at the administrative level is a wise investment that pays for itself for years to come. Win at the administrative level rather than using up your precious financial resources in expensive court actions. 

However, if the administrative level fails you, you may choose to sue. This can be a good investment in any case because it makes you and your group a “force to be contended with” not only for the issue at stake but for future issues. 

THE ARTICLE 78 

Government agencies are challenged in New York by bringing an Article 78, named for the Civil Procedure Law and Rules, Article 78. Find an attorney experienced in this specialized field. Article 78s are notoriously strewn with procedural bear traps, which must be avoided. I have been involved with over twenty Article 78s. 

Conclusion

I hope you have found this article helpful. I have been aiding environmental groups, civic organizations, and neighbors opposing or supporting projects for over twenty-five years. You are welcome to call me at (631) 723-2341 for a free fifteen-minute consultation on your issue. Good luck trying to change the world or at least your neighborhood! “Think globally. Act locally!”

This article was written by Attorney and long-time Activist Carolyn Zenk, the former General Counsel with Group for the East End, and a former Councilwoman of Southampton Town, Suffolk County, Long Island, New York. Ms. Zenk is certified in Ocean and Coastal Law and Environmental and Natural Resources Law.

To contact Carolyn Zenk, Attorney & Director of the East End Mediation Center for a FREE 15-minute phone consultation, call (631) 723-2341