dealing with elected & appointed official

Ralph Blakeslee - RGB Consulting, LLC

Dealing with Elected & Appointed Official

Presented by:Ralph Blakeslee

RGB Consulting, LLCwww.rgbconsulting.net

[email protected] Phone, 908-638-5908

Office Fax, 908-638-5907

http://www.rgbconsulting.net/

mailto:[email protected]


Dealing with Elected & Appointed Officials

Official Course Purpose:The purpose of this course is to provide the participants with the

knowledge and skills necessary to build a strong working relationship with elected officials and key constituents. Since

many elected officials are part time or relatively new to the local government environment, emphasis through out the course will be placed on the need for appointed officials to “educate” their elected partners. Participants will come away from the course

with a better understanding of when and how to communicate to elected and public officials.


Dealing with Elected & Appointed Officials

Un-Official Course Purpose:

Not Get FiredNot Get Fired


Introductions

• Ralph Blakeslee

• 20 + Years in Local Government

• Registered Municipal Clerk

• Undergraduate Degree from Montclair State University

• Graduate Degree in Public Administration from Rutgers


Introductions


What We Are Going Today?

• A Little Civics 101 – covering the basics

• Education – for YOU and THEM

• Communication – Its YOUR Lifeline

• Participation – It builds trust in YOU

• Tell War Stories…


And Now Some History

Now that’s too much history….


A Quick History of NJ Local Government

• Originally Settled by the Dutch, Called New Netherland

• Taken from the Dutch by England• King Charles II of England Gave the Land that is

now NJ to his Brother James, Duke of York - 1664– The Charter Created Two Proprietary Colonies-East &

West– The Charter Granted the Holder to Incorporate

Municipalities in a General Assembly



What Did James of York Do With His New Possessions?

He Gave Them Away

To Sir George Carteret, in exchange for a debt, & his friend Lord John Berkeley

They Appointed Philip Carteret, George’s Cousin, The First Governor

There Were Many Problems



• Disputes Over the East-West Line

• Attacks by Native Americans

• Squatters

• Attempts by New York Leaders to Take Over the Colonies

In Order to Attract Settlers Carteret & Berkeley Promised Religious Freedom



In 1702 Queen Ann:• Combined East & West into New Jersey• Designated NJ a Royal Colony• The method of Municipal Incorporation changed

from legislative grant to royal charter• The First Royal Governor was Edward Hyde

– Ineffective and corrupt ruler, taking bribes and speculating on land



He Got Fired



• Fast Forward to the American Revolution

• We Throw the Bums Out• The Power to Incorporate

Municipalities Reverts back to the Assembly

• The First General Law Dealing with Municipal Incorporation was the “Township Act of 1798”



• To Summarize, early New Jersey:– Stolen Property (from the Dutch)– A Payoff (Carteret’s debt)– Divided….– The Subject of Nepotism (My Cousin Carteret,

the Governor)– A Haven For Religious Non-Conformist– A Failed Business Venture – Ruled by a Royal Cross-Dresser


A Now A Word From The Political Science Department:

• Federalism and State & Local Government– Federalism is a form of

government where power and responsibility is divided between a national government and smaller sub-units

– State Government is responsible for establishing further sub-division of power and responsibility

– Local Government exists and operates only at the pleasure of the state


The Concept of “Home Rule”• “Home Rule” is the concept that sub-

divisions of the central government can self-govern themselves

• “Article IV, Section VII (11) of our New Jersey Constitution guarantees that counties & municipalities will have powers that are both expressly granted & implied by necessity…

• And the Home Rule Act of 1917 states that it is the intention to give all municipalities the fullest and most complete powers possible over the internal affairs of such municipalities for local self-government.


So What Happen To Home Rule?

Rise of the Industrial NationIssues of Little Importance Became Important

More Demands for Government Services & EnforcementPoliticians Grew More Corrupt

The Number of Government Employees GrewGovernment Became More Complex

What’s all that mean?


Some Basics…

Before We Begin….


Know Your Partners-Motivations for Becoming an Elected Officials

The ReformerThe AdvocateThe Single Issue CandidateThe Angry Citizen


Know Their Responsibilities

Elected Officials• Follow the Law (Duh)• Stay Educated on the

Issues• Set Short & Long Term

Goals• Develop Policy• Direct Staff• Stay In Touch with the

Constituents• Stay In Touch with the

Staff


Know Your Responsibilities

Staff• Follow the Law (Hello Mr.

Prosecutor)• Educate the Elected

Officials• Help the Elected Officials

Stay in Touch with the Constituents

• Implement Policy• Contribute to Policy

Development• Assist with goal setting


Remember…

That individual elected officials have no power to direct, change or adopt policy. Only Governing Body, acting as a “Whole”, can do so.


Know the Rules

Personnel Policies• One of the most valuable

tools to maintain order• Should be adopted by

ordinance or resolution (if by resolution, then annually at reorganization)

• Should cover all employees, full and part time


Personnel Policies

True or False?

Personnel Policies Cover Elected Officials

Its True….


When the Rules Get Broken You Need

Grievance Procedures

• What is a “grievance”

A grievance is simply a formal statement of complaint, generally against an authority

figure. Source: Wikipedia.org

Question: Name the most famous list of grievances in American History

http://en.wikipedia.org/wiki/Formal

http://en.wikipedia.org/wiki/Complaint

http://en.wikipedia.org/wiki/Authority


Forms & Types of NJ Local Government

Local Government is General Patterned after the other forms of government in country

Executive -

Mayor

Legislative –

Committee/Council

Judicial –

Municipal Court



• New Jersey Local Government (Municipal) Can Be Categorized in the Following Groups:

– Traditional Form– Modern Form– Faulkner Act Form– Non-Standard Form

Why Do You Need To Know This?



The Type and Form of Local Government will Dictate who is the “Appointing Authority” and under what terms and conditions that authority may make appointments.

N.J.S.A. 52:27D-126(a) states: The appointing authority of any municipality shall appoint a construction official and any necessary subcode officials to administer and enforce the code…


Forms & Types of NJ Local GovernmentTraditional Form

Township Form GovernmentIs headed by a weak Mayor, which is selected by the members of the Township Committee and acts a the meeting chair. Unless specially empowered by state

statute the entire Township Committee is the “appointing authority”.

Borough Form of GovernmentIs headed by an independently elected Mayor. The

Mayor nominates and, with advice and consent of the Council, appoints all subordinate officers of the borough

unless otherwise prescribed specifically by law.


Forms & Types of NJ Local Government Traditional Form

Town Form GovernmentIs headed by a Mayor with limited appointment power.

With the exception of Municipal Clerk, Tax Collector and Tax Assessor, the Council appoints all subordinate

officials.

City FormIs headed by a Mayor with limited appointment power.

The Mayor can appoint the Police Chief and can appoint, suspend or remove all employees of the Police

Department. The Council shall have the power to appoint all subordinate officials.


Forms & Types of NJ Local GovernmentTraditional Form

Village Form GovernmentIs Anyone Here From Loch Arbor?

Governed by Five TrusteesVillages Incorporated after 1/1/90 Conform to the

Township Form of Government

Note: Three other municipalities retain the use of “Village” in their name, but utilize a different “type” for

governance:Ridgefield Park (Walsh Act Type)

Ridgewood (Faulkner Act Council-Manager charter)South Orange (Township of South Organge Village)


Forms & Types of NJ Local GovernmentModern Form

• Enacted to “Modernize” Local Government during the Progressive Era (1890’s to 1920’s)

– 1911 Walsh Act/Commission• Towns governed by the Commission Form have a three or five

member Commission. The Commission on a whole appoint the municipal clerk, court clerk and municipal judge. All other functions, including appointments, are divided amongst commissioners who each head a department.

– 1923 Municipal Manager Act• Manager is chief executive and administrative official of the

municipality. Prepares budget. Manager appoints and removes department heads. Attends Council meetings with voice, but no vote. Manager appoints and removes department heads.

– Both forms are characterized by having “weak” mayors and non-partisan legislative bodies



Faulkner Act/Optional Municipal Charter Law

• Adopted in 1950 and Revised in 1981

• 21% of NJ Municipalities Use This Form

• Emphasizes Strong Executive & Professional Management

• Initiative, Referendum & Recall


Educator Yourself Forms & Types of NJ Local Government


• The mayor-council plan gives the mayor strong powers. Each municipality under this plan establishes three to ten executive departments, each headed by a director appointed by the mayor with the consent of the council. It provides for a business administrator to assist the mayor.

• The council-manager plan places complete responsibility for municipal affairs in the council. The council appoints a municipal manager who is the chief executive with broad authority.




• The small municipality plan can be adopted by communities with a population of fewer than 12,000. All legislative powers are vested in the council with the mayor presiding over council sessions and having both voice and vote.

• The mayor-council-administrator system is basically the borough form with an appointed professional administrator added.



Non-Standard FormSpecial Charters– There are two types of special charters in New

Jersey: • 1) "Orphan" charters issued by the state legislature in the

19th century prior to the major constitutional revision of 1875, which prohibited "special" or locality specific legislation. Most "orphan" charters are a variation of the weak mayor-council type.

• 2) Special charters issued by the state legislature under the provisions of the state Constitution of 1947 and NJSA 1:6-10 et seq. These special charters defy simple classification, and include variations of the weak mayor-council form, council-manager form, township committee form, and the village form.


What Form and Type of Local Government do you work for?


Remember…

That individual elected officials have no power to direct, change or adopt policy. Only Governing Body, acting as a “Whole”, can do so.


Know the Rules

Personnel Policies• One of the most valuable

tools to maintain order• Should be adopted by

ordinance or resolution (if by resolution, then annually at reorganization)

• Should cover all employees, full and part time


Personnel Policies

True or False?

Personnel Policies Cover Elected Officials

Its True….


How to Deal with Elected & Appointed Officials

Ralph’s Golden Guidelines

First…First…You must education themYou must education them

Second…Second…You must communicate with themYou must communicate with them

Last…Last…You must participate in governing You must participate in governing with themwith them


First educate yourself….

…Then you can teach others

Ralph Blakeslee


Educate YourselfControlling Statutes, Procedures & Rules

• New Jersey Statutes Annotated

• New Jersey Administrative Code

• Local Administrative Codes

• By-Laws & Personnel Policies

• Roberts Rule of Order


Educate ThemRalph’s “Piano Player” Law

“Piano Player” by Karl Skaret

I am just a piano player. You give me the music, and

I play. However my job is just not to play the music. I

advise you about the venue, the audience,

whether the piano is out of tune and whether or not

YOU CAN SING


Educate Them About…

• The Parameters of Your Job Responsibilities• Your Staff’s Roles & Responsibilities• The Work Processes in Your Office• The Conditions of Your Office• The Level of Work in Your Office• Issues You Face• Their authority…they are elected not to run the

town, but to see that the town is run…


Communicate with Them

One of the basic causes for all the trouble in the world today is that people talk too much and think too little. They act impulsively without thinking. I always try to think before I talk.

Margaret Chase Smith

http://www.wisdomquotes.com/002117.html


Communications with Elected & Public Officials

• Choosing when and how to communicate with elected and public officials may be one of the most critical decisions of your career.

• Please note, I did not state whether to communicate, but when and how. Communication is never a bad thing, unless it is badly managed.


Communication with Elected & Public Officials

Two Rules and Six Tips

First the Two Rules…. • Know your subject. The better you know your subject,

the easier it is to write

• Know your audience. Remember the your audience does not have the same level of technical knowledge that you do. You will, in all likelihood have to “tee them up” so they understand the point of your communication. Remember you are writing for your audience, not yourself!



• Memo Writing Tips1. Begin with one grain of sand. What is the one single idea

that you want to communicate…2. Give the who, what, when, where, and why. Make sure the

reader is fully informed of the circumstances around that single idea

3. Adopt a plain writing style. Clearly state your purpose, use bullet points or lists, use headings and avoid jargon

4. Keep it short. KISS it….Keep it short silly. Avoid run on sentences and long paragraphs

5. Be active. Use the active voice: We will conduct the inspections early next month, NOT, Early next month we will conduct the inspections

6. Cut unneeded words and prune windy phrases No one will be impressed if you use “ascertain” as opposed to “find out”



• Top Ten Rules for Email Netiquette– Write a meaningful subject line. – Keep the message focused and readable. – Avoid attachments. – Identify yourself clearly. – Be kind -- don't flame. – Don't assume privacy. – Proofread. – Distinguish between formal and informal situations.

– Respond Promptly. – Show Respect and Restraint. Question: Are Emails A Public Document?



Oral Presentati

ons1. Know Your Audience

2. Know Your Material

3. Know the Time Limit

4. Prepare a Short Script

5. Use Proper Visual Aids

6. Provide Handouts at the Proper Time

7. Rehearse



• Your worst public meeting experience


Communication with Elected & Public OfficialsGeneral Components of an Agenda

– Open public meetings act statement. – Flag salute, moment of silence, roll call– Public Comment Period – Now Required– Correspondence– Action to be taken

• Motions• Resolutions• Ordinance Introductions• Ordinance Public Hearing & Adoptions

– Reports– Payment of Bills– Executive Session– Adjournment


Communication with Elected & Public Officials The Differences between Motions, Resolutions & Ordinances

• A Motion is the weakest form of action a government body can take

• It is not reduced to writing before being voted on• It does not carry the weight of law• It can authorize an action, on a limited basis

– Authorize suspension of parking regulations for Annual Street fair

• It can be used to give direction to an official or employee– Authorize the Borough Attorney to send a letter to the

school board


Communication with Elected & Public Officials The Differences between Motions, Resolutions & Ordinances

• A Resolution is more formal then a motion• It is reduced to writing before being voted on• It does not carry the weight of law• It can authorize more formal actions

– Award a contract for a new Construction Department computer system

• It can give direction to an official or employee– Authorize Borough Administrator to apply for a grant

• It can be a formal expression of the governing body’s sentiment– Stating formal opposition to the Highlands Act

• Typically “lives” only as long as the governing body that adopted is in power


Communication with Elected & Public OfficialsThe Differences between Motions, Resolutions & Ordinances

• An Ordinance is the most formal action a governing body can adopt

• It is reduced to writing before being voted on• Does carry the weight of law• Must be acted on over two meetings –

Introduction & Public Hearing/Adoption• Must be advertised in the municipalities

newspaper of record• Can authorize formal actions• Can give direction to an official or employee• Is “alive” until repealed or amended


Methods of Communicating with Elected & Appointed Officials

• How to tell someone they are wrong…Maybe….

Working Group Breakout



Problem #1

Your borough clerk calls you with a problem. She has been getting complaints from numerous residents about the condition of a property in town. Pealing paint, broken gutters and an old, broken down, un-registered vehicle on the lawn are some of the conditions that have been reported to her. Now she knows you really don’t handle property maintenance issues, but she asks if you can go over and at the least, take a look at the property. It is a small town, with an ancient and ambiguous property maintenance code. How do you respond?



Problem #2

Your municipality is about to undertake a huge renovation of its town park, including re-roofing the picnic pavilion, upgrading the plumbing and electrical systems in the day camp building as well as refurbishing all of the playing fields. The towns elected and appointed officials all worked very hard on obtaining grants from Green Acres and other groups to fund the project. Construction started with a big “silver shovel” event that included the mayor, stated elected officials and town staff. There is one problem….no one ever thought about permits. How do you approach the mayor and town administrator?



Problem #3

You receive a complaint that extensive work has been undertaken at a rental home with out permits. The complaint is the president of a neighborhood improvement organization who is very well known in your municipality. You arrange to inspect the property and find that indeed, significant work has been done and no permits have been issued. You return to your office and discover that the building is owned by the Mayor. How do you handle the situation?



Problem #4

After much hard work your municipality has finally “inked” a deal with a newly formed non-profit group to building badly needed affordable housing. The town has been under the watchful eye of COAH and this new arrangement will prevent Tollnanian Sisters, a mega builder, from implementing a “builders remedy” development forever changing the town. The non-profit group has no previous building experience and have approached you for technical help. How do you respond?


Participate in the Governance

• Tell me and I forget. Show me and I remember. Involve me and I understand. – "Chinese proverb"

• Participating in the governance of your municipality is about building relationships based on trust and integrity, in other words its all about…


Teamwork


Participate in Governance by Building Trust

• How to Build Trust Amongst Staff & Governing Body Members • Do not make promises that are hard to keep• Follow through on commitments• Be honest, but respectful• Do not “end run” supervisors• Exercise discretion


Participate in Governance by Assisting with Policy

Development

• Seek out opportunities to develop policy

• Alert Elected & Appointed Officials on Potential Issues

• Be and agent of change


Ethical Issues

• What is a “Whistle Blower”? – A whistleblower is an informant, most often

an employee, who reports employer misconduct. In order to encourage disclosure, many federal and state statutes prohibit employers from retaliating against an employee who files reports. In the environmental law context, whistleblowers play a significant role in reporting environmental violations by their employers.

www.endangeredlaws.org/resourceguideglossary.htm


Ethical Issues

• I Ask You:

Is Whistle Blowing Worth It?


Adversarial Issues

• Dealing with Adversarial Situations

– Be sure of your facts– Listen, Listen, Listen– Seek to educate, not

to humiliate – Document,

Document, Document


Conclusion….

What would you tell a new Construction Code Official, Sub-Code or Technical Assistant

about…Dealing with Elected and Appointed

Officials…?

1. You must educate them2. You must communicate with them3. You must participate in governing with

them


Conclusion….

The End

dealing with elected & appointed official

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