Total Recall

The Michigan State Constitution, Art. II. Sec. 8, extends Michigan voters the right to recall “all elective officers except judges of courts of record” and establishes the minimum number of signatures required on a recall petition.  In fact, in Michigan, voters can work to recall elected Members of Congress.  The process by which to begin a recall is spelled out in MCL 168.951-976. Before the physical process of collecting signatures begins, the language on the petition must first be approved by the County Election Commission, which can include the County Clerk, County Treasurer and Chief Judge of the Probate Court.  The petitioners submit reasons for the recall which must be based on the elected officials conduct in office. Once approved, signatures by qualified voters can be secured. Once a sufficient amount of signatures are obtained, the petitions can fie filed with either the Governor, Secretary of State or County Clerk, depending on the office the individual holds. Petitions cannot be filed until the person serves in office for 6 months and cannot be filed in the last 6 months of their term.  The signatures are then examined to see if the signor is a registered voter in that community.

If the signature requirement is met, the signatures can be challenged as to their origin. Once the challenged signatures have been resolved ballot language is prepared.

The reason for the recall election must be stated on the ballot in 200 words or less. Once the ballot language is approved, the elected official at the center of the recall may submit a statement, justifying their conduct, which also is limited to 200 words and will also be printed on the ballot.  The Board of State Canvassers or county clerk will then decided when to hold a special election.

In the last ten years, Michiganians have acted upon their (state) constitutional right, to recall elected officials, more and more. In fact, according to the website Ballotpedia, from "2005-early 2010, 700 recall petitions were filed in just three of Michigan's counties: Wayne, Oakland and Macomb. The total of filed petitions rose each year since 2007. In Saginaw County, 141 recall attempts were launched in the 20 years from 1990-2010. Of the 141 announced recall attempts, 27 went to a vote, and 18 elected officials were removed from office."

Sometimes candidates are successfully recalled, but not without tremendous efforts on the part of all the interests involved. In Wisconsin earlier this month, the process worked for some and did not for others. Recall drives indicate a strong partisan divide in governing individual states and communities. On one hand it is great to see democracy work as a dissatisfied electorate uses a process created in the constitution to register their concern and act upon it. On the other, it seems like a distraction and unnecessary expense with some easier way to work out ones differences and find consensus through controversy.

Under a parlimentary system, where the majority party governs a nation or province, it is the Parliament that passes a motion that if passed, the head of state no longer has the confidence of the appointed government. The head of state can then ask someone else to lead and form a government or call a general election to elect a new parliament, generally within a matter of months, as is now the case in Ontario. I am not sure if this is the best process either.

It seems to me that those elected to serve should work together as an elected body and create a framework by which they can operate and work together on a common agenda. They don't have to agree to all the policies past, but they can agree on an overall path, i.e. things that create jobs, ensure financial security of the electorate and set us on path to fiscal stability. Regardless, the process by which candidates can be recalled works if precisely followed. While there is room for improvement, it is what we have to work with. This Tuesday, in Grand Blanc, Mich. we will see if the process works.

 

Seeking Consensus Through Controversy

Why do we always have to wait for the last hour before something gets done in Washington? No, I take that back, Congress exceeds the deadline by which to decide on important issues so they or The White House pass extensions on laws, such the Transportation Equity Act or the No Child Left Behind Act or even the budget so they by time before a decision has to be made. The stalemate on what to do about the debt ceiling is no exception and just the status quo. While the Democrats and Republicans have been talking there seems to be an impasse, where no one is agreeing with anybody, even on the most basic of issues. It seems that Washington, needs the support and guidance of a neutral third party to resolve these disputes and bring some closure to a number of long standing issues, most importantly today, the debt ceiling. In public policy dispute resolution, for example, all the interested stakeholders come together with the help of a third party neutral who will assist the stakeholders in reaching consensus.  Public policy dispute resolution provides for a nonpartisan process for resolving public policy disputes, and has proven successful at all levels of government.  In fact, it is emerging as a more effective way of dealing with some of the most polarizing issues.  It leads to innovation, creative solutions and relationship enhancement.  But is that what Democrats and Republicans want?

The National Policy Consensus Center has found that legislators are becoming problem solvers, facilitators and conveners of issues vital to their state. Yet in Washington, D.C., Members of Congress fail each year to come to a consensus on health care, the budget, various re-authorizations and the debt ceiling.

Today, public policy disputes have the potential of polarizing communities with the affect of delaying important decisions on vital issues of public policy, often resulting in diluted policies or no action at all.  Facilitation or mediation helps in resolving some of the high-profile policy disputes and find resolution through controversy and clarity amidst chaos. To assist governments in resolving disputes by and between each other, the disputants need a trusted third party neutral, who is knowledgeable about the issues and the process, while being sensitive to the politics of the day.  A university provides elected leaders with an unbiased academic approach to public policy dispute resolution. Perhaps the President, the Speaker, Senate Majority Leader and their colleagues should turn to a University President or perhaps neutral world leader such as the Prime Minister of Canada or Tony Blair or perhaps co-mediators with former President’s George Bush and Bill Clinton, to help resolve the issues.

Policymakers can avoid making difficult decisions on controversial issues by creating a process by which public policy disputes can be resolved.  Through a facilitated consensual process, issues such as government shutdowns, delayed projects and other missed opportunities can be avoided and we can all move on to other issues to help our nation move forward.

Decisions that are reached collaboratively can result in high-quality outcomes that are easier to implement, receive fewer legal challenges, make better use of available resources, and better serve the public.

Collaboration is not appropriate for all decisions. It is not necessary or recommended to use a formal collaborative process for routine, simple, or urgent decisions. Collaborative processes are often effective when applied to complex policy questions that affect multiple, interdependent interests, where all the diverse parties affected have compelling reasons to engage with one another in a search for a joint policy or program outcome, and where sufficient time and resources are available to support the process.

However, the following conditions help to sustain collaborative processes:

  • Clear Role and Purpose
  • Transparency of Decision-Making
  • Interest-Based Decision-Making
  • Every Effort to Bring Affected Stakeholders into the Process
  • Stakeholders Represents Organized Constituencies
  • Upfront Exploration of Interests
  • Common Understanding of Problems and Joint Fact Finding
  • Policy and Technical Expertise
  • Respectful and Authentic Process
  • Transparency of Products

Washington did not have to wait this long. If the parties talked earlier and learned about the real issues underlying the bigger ones, than perhaps today, we would be talking football instead of debt ceilings. It is time we brought in neutrals to help resolve the bigger issues plaguing our nation.

For more information, please contact Fraser Trebilcock or Daniel Cherrin atdcherrin@fraserlawfirm.com.

How much federal funding did your school district receive?

In President Obama’s 2011 budget, he allocated:

  • $1.8 billion for Michigan to develop better teachers and classrooms to meet 21st century challenges in an effort to foster educational excellence, improve student achievement and reward successful outcomes to prepare our nationa’s children for global competitiveness.
  • $900 million nationwide for School Turnaround Grants to help provide the resources needed to turn around the lowest performing schools.
  • $1.4 billion to enhance the President’s Race to the Top challenge$300 million in new grants to develop and implement curricula and improve teaching and learning in science, technology, engineering and mathematics.

How much federal funding did your school district receive?

In addition, Congress has yet to authorize the Elementary and Secondary Education Act and yet, the President wants to increase the number of effective teachers and principals, support student achievement, invest in the next generation of scientists and engineers and others modernize the current education system in the US. I realize that every school district is faced with a number of difficult decisions in reducing their budgets, cuttings services and programs, laying off teachers and shuttering schools. I also know the importance of collectively working to bring more federal dollars to off set the lost revenue from the state and local community.

It is time we shift our focus and turn it onto our children. We have a lot of work to do in 2011.

Emerging Market for the Great Lakes - Fresh Water Technologies

A new report by Global Water Intelligence (GWI) magazine recently issued (July 24) a report highlighting the top ten new water technologies. These technologies address some of the greatest challenges facing the water sector today. These include: Water scarcity: The world's freshwater resources are fixed, but both population and per capita consumption of water is growing. By 2025 one in three people around the world will experience either water scarcity or water stress;

Energy consumption: In some parts of the world the process of treating and moving water represents 20% of total energy consumption; Salt intrusion: Over-exploitation of our natural water resources has resulted in a build up of salt in our water systems; and,

Materials recycling: Wastewater contains materials that may be valuable if recycled, but are damaging to the environment if they are not. GWI's report has reviewed 50 existing and emerging technologies, of which the top ten are:

Aquaporins: These are membranes that replicate the way nature removes salt from water, for example in the kidneys or in mangroves. Companies developing this technology include Aquaporin, and Danfoss AquaZ.

Bio-polymers from wastewater: Bio-polymers are a great natural alternative to petro-chemical-based plastics; what is more they can be made during the biological digestion of sewage sludge. AnoxKaldnes is the leading commercial developer of this technology.

Nano-engineered membranes: Despite improvements, reverse osmosis membranes still offer disappointingly low flux rates. New developments such as nano-composite membranes and carbon nano-tubes will significantly reduce the energy required in desalination. Two firms from the University of California, NanoH2O and Porifera, are at the cutting edge of this technology.

Biogas recovery: The collection of methane from anaerobic wastewater treatment has been a reality for industrial effluents with a high biological load for some years. The challenge is to make it viable for less concentrated municipal wastewater. Leaders in this market are Paques and Biothane.

Microbial fuel cells: The next step in energy recovery from wastewater is direct electrical power generation through microbial fuel cells. Emefcy of Israel is at the forefront of commercializing this technology.

Vapour transfer irrigation: This involves low cost plastic tubes that allow water vapour through, but not water or solutes. These make it possible to grow trees and food crops using salt-water. DTi of the UK has been developing this technology.

Phosphorus recovery: Phosphorus is essential to the healthy growth of plants and animals, but it is a dwindling resource. The world's supply of phosphorus rock will be exhausted within the next 100 years, unless more is recycled from sewage. A number of companies including Unitika of Japan, DHV of the Netherlands and Ostara of Canada have been working on this technology.

Ultrasonic sludge pre-treatment: If you can break down cellular matter in sewage sludge it is easier to reclaim biogas, water and other materials. Ultrasound is a low-energy means of doing this. Hamburg Harburg University of Technology is leading research in this area.

Forward osmosis: The action of water moving through a semi-permeable membrane from a dilute solution to a concentrated solution has two interesting applications. One gives a low-energy desalination process. The other is the generation of osmotic power. Oasys, a company that has grown out of Yale University is at the forefront of using forward osmosis in desalination.

Decentralized wastewater treatment: Centralized wastewater systems are expensive to build and use a lot of water. Decentralized systems might remove the need for sewers, and make it easier to recycle the water and energy in the waste. The Lettinga Associates Foundation is one of the leading organisations promoting the practical application of decentralized wastewater.

Water is quickly becoming a scarce commodity. New technologies are being developed throughout the world to find ways to improve fresh water delivery fit for consumption. States, like Michigan, which is surrounded by the world's largest supply of fresh water could stand to benefit from this emerging market. Michigan should aggressively work to contact the above-referenced companies and encourage them to re-locate their research, labs and offices, to the Great Lakes State. (Source: PRWeb).

We have a lot to learn from ourselves

In the June 2010 issue of Governing, writer Josh Goodman congratulates the City of Livonia (located in Wayne County, just west of Detroit) as the highest rate of return of U.S. Census applications of any city with at least 50,000 people. To what does the U.S. Census attribute it too. According to Detroit-area demographer Kurt Metzger, "it isn't what it did, but rather what it is. Livonia has a lower unemployment rate than its municipal neighbors. Foreclosures and abandoned buildings are not necessarily a problem, and 90 percent of its residents live in homes they own. Its' populations is constant, not dwindling, with a median age of 43, six years older than the national average. Livonia's mail in rate was 87%, with Detroit at 62% and the national average at 72% -- the form was just five questions. We have something to learn from Livonia and once again, Michigan sets the benchmark for the rest of the country. For more on the story, see www.governing.com.

Stand up and get counted

Earlier this week, I completed and mailed in the U.S. Census form on behalf of my family. Despite the issues some may have with the form, it was brief and just took my under ten minutes to complete. While filling out the form may be easy, the importance of during it in cannot be made clear enough. Federal resources will be allocated as a result of the form, lines will be drawn for Congress and other information will be extracted that can help guide our country for the next decade, if not longer.

Last month, the Michigan Association of Society Executives (the assosication for association executives), published an article I wrote in their Monthly Publication.  Here is a copy of the article.

Stand up and get counted

Every 10 years the United States Government sets out to track the nation’s population. The 2010 Census questionnaires will arrive in mailboxes across the country by mid-March, followed by U.S. Census takers going door-to-door to make sure the questionnaires are answered and not ignored.

According to the U.S. Census, “Census information affects the numbers of seats your state occupies in the U.S. House of Representatives. And people from many walks of life use census data to advocate for causes, rescue disaster victims, prevent diseases, research markets, locate pools of skilled workers and more.”  Gaining an accurate count also helps the federal government determine where to allocate funding each year on projects such as infrastructure and services for: hospitals, job training centers, schools, senior centers and the like.

In December 2009, the U.S. Census released preliminary numbers related to the U.S. population and it does not look good for Michigan. The only three states to lose population from July 2008 to July 2009 were Michigan, Maine and Rhode Island. Wyoming showed the largest percentage of growth, followed by Utah, Texas and Colorado.  This means that Michigan will loose a Congressional seat and our clout in Washington. We also will lose federal funding to states such as those that gained population.

Despite our loss, associations should seize this opportunity to take stock of the past 10 years and start planning for next decade.  Associations should take this time and count its members, send out their own “association census” and start going door-to-door and engage members in a discussion about your association.  For example,

  • Why did you join our association?
  • What benefits do you take advantage of the most? the least?
  • Are you involved in a committee? If so, which one and why?
  • Do you attend our events? If so, why?
  • What services are we not providing you that you would like us to look into?
  • What do we do well?
  • What can we do better?
  • Are we communicating enough with you?
  • If not, how would you like to be communicated with?
  • How is our CEO doing?

Well, you get the idea!

The MSAE also can and should get involved. From an association perspective, it can help you help your members count and be counted. It can form a partnership with local Census efforts to help get the word out on why the Census is important and what it means for associations. In addition, the MSAE can help the legislature with its redistricting efforts and help take the politics out of the process by beginning the discussion now on what Michigan should look like and how we should work collaboratively to see our state succeed.

While we have lots to think about as the questioners come to our mailboxes, we also have lots to do -- As association executives, associations and individuals yet to be counted. With Michigan’s anticipated population loss to continue, we will have to work harder to create an environment to attract people back to Michigan, including changing the way people think about our state and the opportunities within it.

As leaders within your own associations and industries, it is your opportunity to take leadership and ownership over Michigan’s future.  With the anticipated population loss, you will need to work harder developing relationships with Members of Congress and their staff, with the different federal agencies and with others whose support we will need to grow. Within the state, we will need your leadership and guidance to help build consensus through controversy and agreement within division. With a new governor and new legislature, it will take leadership to build bridges between disparate interests, organizations and individuals. Finally, within your own association, you will have to work harder to deliver value to your members and continue to be thought leaders and a resource to the community.

The MSAE and your individual association can be that bridge and the voice of reason and calm as politics continues to trump public policy. Now is the time for the MSAE and your association to step to the forefront of tackling emerging concerns with vigor, set the framework for progressive action and create the tone for how we govern ourselves and how we conduct our business in the State of Michigan for the next ten years. So stand up and be counted, our future depends on it.

Daniel Cherrin is the former Communications Director/Press Secretary for the City of Detroit and to Detroit Mayor Kenneth V. Cockrel Jr. He is now President of North Coast Strategies, which provides cutting edge practical advice where government action or inaction, litigation vulnerability or complex regulatory requirements will impact your reputation and bottom-line.  He also in an attorney, lobbyist, public relations professional and a certified-mediator.

Michigan's Role in the Blue Economy

A number of Israeli companies are looking toward Michigan to set up shop and look at ways of using Michigan's Great Lakes for their economic gain and our environmental survival. Michigan is located on America's North Coast, but it is really the world's "Fresh Water Coast." Endleman, a large independent PR agency, recently published a report on water. In the report, they state that the World Resources Institute is working with investors to develop meaningful disclosure around corporate water use and behaviour. In fact, some are pushing for companies to put on labels, how many gallons of water it takes to make a product.

With water becoming more scarce, Michigan has a real opportunity to capitalize on our position in the Great Lakes. We can work to attract an entice companies to Michigan to research and develop new technologies around water. We also can work to stay focused on our strengths -- manufacturing and work to help re-locate companies to Michigan who rely on water in their manufacturing process.

As stewards of the Great Lakes, the State of Michigan should lead the way in creating regulations for how manufacturers can use and re-use water from the Great Lakes for manufacturing. Then create the framework to attract manufacturers from all over the world, who rely on water in the manufacturing process to come to the Great Lakes. The key issue, in my opinion, is how can companies use and re-use the water in the Great Lakes. [gallery]

Audacity to Win

During this holiday break, I read "Audacity to Win" by President Obama's Campaign Manager David Plouffe. Whether you are a Blue Dog or Gingrich Republican, I recommend this book to any public relations professional (I saw it today for half-off at Barnes and Noble). Not only is it a well documented history of the 2008 Campaign, with insider views and frank discussions about what actually went on behind the scenes, but it is a blue print for how we, as PR professionals, can create memorable campaigns for our clients. Plouffe and then-candidate Barack Obama did not just run a campaign, they created a movement. They did not follow the typical guidebook that comes with running for President, they set their own rules. They built a grassroots movement by talking to people and taking there message person-to-person, block-by-block, town-by-town. They started a dialogue, absorbed their ideas, developed a message and shared it. People wanted to do something for Barack Obama and the Obama Campaign had plenty for them to do. You could volunteer in a campaign office, go to a battleground state, raise money online, or join the discussion on-line.

The volunteers came because they were interested. That interest turned into action, then to passion. And throughout their involvement, not matter at what level, they felt a part of that movement -- Making President Obama's victory, was their victory.

Following the election, the President kept and continues to keep that movement alive, through Organizing for America (OFA), now run through the Democratic National Committee (DNC).

In the book, Plouffe tells us that "in politics your two main pillars are message and electoral strategy." The message is what the candidate offers voters in terms of vision, issues and biography. Plouffe tells us that you can adjust the tactics, but never deviate from your core message and strategy -- Have one slogan, and stick to it. Make decisions based on strategy and have a clear road map to know what is important, and commit to that map.

Plouffe also tells us that technology should also be the core of the campaign from day one. Use social media to raise money, move the message and organize. Create lists and sublists to keep key groups in the loop and a part of the campaign.

Important lessons for how we can help our clients create movements. A good book, a great read and important lessons for us all to know.

Congressional Expectations in 2010

Congress is not even close to finishing the issues it began this past January, and when they return following their brief winter break, they will face a number of regulatory issues, including: Federal Trade Commission (FTC) -- Expect the FTC to get more involved in consumer financial protection. Under new proposed regulations, the FTC will be given more authority to levy fines and investigate firms doing with others know to violate FTC rules. Privacy will also be an issue, in terms of how media companies, retailers, advertisers and others collect and use consumer information. THOUGHTS??? Contact your Member of Congress.

Food and Drug Administration (FDA) -- Next year Congress also will look at our nation's food safety laws.

Transportation -- Congress will look at two major bills next year, including the new proposed "Jobs" bill and the re-authorization of the Transportation Equity Act which expired this past September but was extended into next year. Another issue however, will be an issue that a number states have already considered -- TXTing while driving. But these regulations will be geared toward truck drivers.

Environment -- Congress will continue their debate on climate change and air emissions while also looking at our nation's fresh water system.

Taxes -- Congress will also address tax issues that are set to sunset in the coming year. Regardless of the issues, next year proves to be a busy one. On top of the packed Congressional agenda, 2010 also is an election year so by definition each issue is a political issue and will be weighed in the context of how it is perceived back home. Therefore, it is vital that you make your views known, advocate for or against issues important to you and your business, and ask for money for various programs and projects. In this economy, we all can use a little help from Congress and the Federal government.

Lessons for Baltimore, from Detroit

Baltimore has been used as an example many times by Detroiters about what it did as a city to turn around its downtown, to revamp its waterfront and breathe life back into a city. Now, with its Mayor recently convicted of taking gift cards as bribes and using gift cards that should have been used as gifts for the needy, Baltimore can and should learn from Detroit. The Mayor of Baltimore refuses to resign after her conviction last week, saying she still has Baltimore's interest at heart. If the Mayor truly had Baltimore's interest at hear she would step down as Mayor, end the drama and let the city move forward without her. If she does not step down, then a cloud will continue to hover around the city.

With the Mayor staying in office, the city cannot move forward. Businesses will not want to do business with the city, its bond rating could be in jeopardy due to the volatile situation in the city, with a lack of uncertainty as to what may happen with or with out the Mayor, and the continued scrutiny of the Mayor.

There is no doubt that the Mayor's attorneys are advising the Mayor to stay put. It provides leverage in negotiating a settlement and a platform for her to speak. But her speech will be limited by what her attorneys tell her she can or cannot say, pending the legal action against her.

Now it is easy for me to sit here in Detroit and be critical of a Mayor who I don't know in a city that I have only visited. But, I can speak from experience about what a city needs to do to move forward and beyond the negative stories that have traumatized a city, a region and a state.

The Mayor of Baltimore and the President of Baltimore's City Council should learn from Detroit. Step down as Mayor. If she is not going to step down, then the President of Council should ask for her resignation, being to create a transition plan, meet with local business, community, labor and faith-based leaders. Travel to Annapolis and meet with the state legislative and executive leadership and begin to make the plans for taking Baltimore back and shift the focus from scandal to hope and opportunity, faith and transparency, accountability and action.

Creating Jobs, Investing in Transit, Roads and other Infrastructure

Each year, the federal government allocates a significant portion of the overall Federal Budget to expenditures that have a direct impact on the states. This includes monies to support programs such as Medicare, food stamps, unemployment compensation, transportation and infrastructure, Medicaid support, job training and education amongst others. According to the (Michigan) State Fiscal Agency, “Michigan’s share of Federal expenditures has lagged behind the amount of most other states.” (See State Fiscal Report, May/June 2009). The report finds that “Michigan’s total per-capita expenditures ranked 45th among the states and 41st among the states in grants to state and local governments.” Id. This means that Michigan is receiving less than its fair share of Federal expenditures

In terms of transit/transportation dollars, Michigan taxpayers lose about $100 million a year in federal transit aid because the state and its major cities have failed to plan for and invest in world-class bus and train service. In fact, 34 counties in Michigan with little public transit service.

Given the current economic climate in Lansing, there are a number of opportunities for Michigan businesses, organizations and institutions to secure support from Congress and the federal government. For example: States are hoping that a new jobs bill outlined by the President will include money for infrastructure projects.

Despite the possibility of having these funds available, Michigan may be ineligible for $475 million in federal highway money next year because it can’t find $84 million in matching state funds. This means that the state may lose out on nearly have a billion dollars in federal highway money in 2010 and even m ore through 2014.

Despite Michigan's potential shortfall, there is time to advocate for change in Congress and find the resources to fund shovel-ready projects, to help create jobs, boost our state's infrastructure and jump-start our ailing economy.

While Congress chose to delay reauthorizing the Transportation Equity Act, they are allowing authorities and road commission’s time to shape the debate and the outcome of the legislation, including positioning such entities to secure federal funding through the reauthorization. With a lack of funding coming from the state, now is the perfect opportunity to turn to Washington for federal support and seek modifications to exist laws and regulations that would prevent Michigan from capturing additional federal support.

For example, the current surface transportation law, the Safe, Affordable, Flexible, Efficient Transportation Equity Act (SAFETEA-LU, P.L. 109-53), was adopted in 2005 and expired on September 30, 2009. To give you some idea of how political this bill was -- When Congress finally passed the last transportation bill in 2005, it took two years and 12 extensions to complete it.

At stake is the dwindling Highway Trust Fund, financed by a federal gas tax that pays for repairs to the nation’s crumbling infrastructure. At issue is an effort by Congress and the President to set the nation’s transportation policy for the rest of the decade and perhaps for decades to come. The outcome will be critical to state and local governments that depend on federal assistance to maintain and improve their transportation systems.

The end game will be the creation of a funding mechanism that will ensure the national transportation system will meet the demands of an expanding population while also accommodating the environmental priorities of those who want to see less road congestion, less accidents and more transit options.

For transportation planning organizations it could mean a modern, sustainable and seamless surface transportation network, that fully integrates and connects the nation’s small urban and rural regions with global, metropolitan and neighboring markets. It could also mean increased federal investments in existing and new rural public transportation system, with an emphasis on establishing stronger incentives and program flexibility across the spectrum.

While we will wait almost a year before Congress will most likely pass a transportation bill, Congress continues to debate issues of transit and transportation and will soon debate a “jobs” bill that will contain federal funding for local infrastructure projects. For example, the U.S. House of Representatives passed the “American Clean Energy and Security Act” (H.R. 2454) in June, and the Senate is still debating their bill. Both bills contain provisions affecting transit, transportation, infrastructure projects and jobs.

Although Congress will not pass a transportation bill until next year, there are still opportunities for transit agencies and organizations to secure resources for a variety of projects through existing bills, and help shape funding for future projects by taking a proactive role in advising Congress on what is important to your agency and community. We need advocates in Washington to support projects in the State of Michigan. We need effective leadership to create a collaborative group of like-minded agencies to support what is necessary to bring the requisite resources to re-build Michigan and create opportunities for us to get back to work.

Therefore, if you have certain projects that need to be funded or policy related issues that can benefit your program, it is important that you meet with your planning organizations; MDOT, the Governor and your Congressional Delegation to ensure their priorities are your priorities. Then it is important to work with your chambers and other community organizations to build a solid base of support for your projects. Despite a full agenda, Congress needs to hear from you and what you need to provide valuable resources to your community. With limited funds from the state and dwindling budgets all around, it seems that Congress is our only option.

When the states can’t pay for schools, Just ask Congress!

With funding diminishing from the State of Michigan for schools, opportunities exist in Washington to secure federal funding. For example, the following school districts received federal funds in FY 2009: School District of Lancaster (PA) and Philadelphia School District each received $100,000 Project IMPACT, for abstinence education and related services.

Troy High School (PA) received $247,000 for removal and/or replacement of non historic windows, infill, louvers, windows, and fan lights.

The Logan Elm School District (OH) received $48,000 for water infrastructure improvements.

The Hesperia Unified School District, Hesperia, CA, received $98,000 for an after school program for middle school students.

The Independence School District (MO) received $347,000 for before- and after-school programs.

The Washoe County School District (NV), received $248,000 for an online assessment and accountability instructional programs and an additional $248,000 for an English Instructional program.

The Springfield School District (IL) received $94,000 for a middle school history experience.

The City School District of New Rochelle (NY) received $422,000 for after school and summer school programs, faculty professional development, and parent education workshops.

These are just some examples of how schools benefited from Congressional appropriations and governmental advocacy in securing additional funds for their schools. With limited funding from the state and a declining tax base, the federal government has some funds to support Michigan’s schools.

However, to obtain funding from Congress, the local school districts need to request the funding. At times, it is not enough to ask your local member of Congress. It is important to build support for your issues and requests, meet with Congressional staff, invite your member to experience schools and perhaps even make it an educational experience for the students by involving them in the legislative process.

What's Next For Congress?

Members of Congress are planning on working through the Thanksgiving holiday in an effort to try to wrap up a number of outstanding issues, including health care and climate change legislation. However, it seems that these issues will be carried over into the next session and will remain relevant going into 2010 and the mid-term elections. Here is a look into some of the issues Congress will keep their eye in 2010: HEALTH CARE REFORM -- Despite passage in the House, the Senate is working diligently to find a compromise. Expect this issue to continue on into February before anything is resolved.

CAP-AND-TRADE -- Again, despite passage in the House, the Senate is finding difficulty in addressing a number of issues in this bill, including pressure from manufacturing states and the potential impact on jobs.

FINANCIAL REFORM -- Banks and other financial firms are already gearing up for a the debate on financial reform. Although this issue remains a priority, it took a back seat during the health care and climate change debate, but is starting to gain traction in committee.

TAXES -- A number of tax relief measures passed in 2001 and 2003 are set to expire by the end of 2010. Expect this issue to become a polarizing issue as members of Congress prepare for the election season.

IMMIGRATION -- Another priority of the administration, this issue will have the potential to be another political issue.

STIMULUS II -- Communities are still struggling despite the influx of funds from the federal government. In an election year, Members of Congress may look to bring more immediate relief to their districts.

TRANSPORTATION -- Congress punted on addressing the expired and Transportation Equity Act for an additional 18 months. However, Congress will still hear testimony on reforming or nation's aging infrastructure and how to address its shortcomings.

FEDERAL FUNDING -- With a lack of funding from state governments, going to local governments, social service agencies and other organizations, people will be looking to Congress for financial support.

Regardless of the issues Congress considers in the coming months, it will no doubt be political as their think about their election.

Funding for Food Banks

With 35 million individuals either experiencing hunger or teetering right on the verge of hunger each year, the American people expect Congress to take every reasonable action possible to address food shortages, particularly here in Michigan. Last year, Congress passed a bill designed to encourage federal agencies to regularly donate surplus food to organizations that feed the hungry and each year, the providing funding to a number of organizations that help distribute food. In addition, each year, Congress passes appropriations for food banks/pantries. The following organizations received federal appropriations in the past:

- Bay Area Food Bank. Bay Area Food Bank, which distributes food donated by grocery stores, restaurants and the like to soup kitchens and homeless shelters received $245,000 for the construction of a commercial-size kitchen (FY 2008) (Jo Bonner).

- Tucson Community Food Bank (TCFB) -- Rep. Gabrielle Giffords requested $200,000 for “solar panels” at the TCFB in the FY 2009 budget.

- Second Harvest Food Bank received $700,000 in 2007.

- In 2006, Sen. Obama requested $2,499,400 for the Food Stamp Participation Project of the Illinois Department of Human Services. The Food Stamp Participation Project is development of new technology projects, which are designed to increase the access to the food stamp program. One is designed for use by the general public and the other is a web based application designed for use in food pantries. [Obama Request Letter to the Senate Appropriations Subcommittee on Agriculture, Rural Development, and Related Agencies, 3/31/06].

- For FY 2009, Sen. Sherrod Brown (D-OH) requested $368,500 for renovations at the Akron-Canton Regional Food Bank

- The South Texas Food Bank will receive $136,670.48 in conjunction with the 2008 Farm Bill should it be signed into law.

Although this list is not comprehensive, you can see, federal funding is available for a wide variety of needs, including: infrastructure improvement, child nutrition programs, food stamps and childhood obesity prevention, among other things. This funding is requested directly through Congress and is unrelated to a grant.

With a lack of funding from the state, organizations such as those with food banks, should turn their attention to Washington for support.

Finding Federal Funds For Local Governments

With funding diminishing from the State of Michigan for local governments, including school districts, municipalities, townships, school districts and other authorities should focus their attention in securing federal funds for their programs, projects and services, instead of wasting their time in Lansing. For example, federal funds are available for local governments for a variety of programs ranging from new buildings to communications equipment for first responders. In FY 2009, the following communities received federal funding: Negaunee, MI for the Croix Street Reconstruction and completion of Phase I. Park City, UT for a Feasibility Study that would bring water from Reclamation facilities. Boise, ID, for design and construction of Boise's geothermal system expansion. Jackson, MS for a Transitional Job Project for job training and employment programs for the Homeless. Oakland, CA for a Green Jobs Initiative. Baltimore, MD, for construction for Healthcare for the Homeless center. Miami, FL for the Miami Green Initiative, to reduce greenhouse gas emissions and fuel consumption in the city. Milwaukee, WI to improve access to and utilization of primary and preventive health care among low-income residents. The City of Beech Grove, IN, to enhance public safety with in-car cameras and at hot spots in the City to provide real-time feeds to the police command center. Holyoke, MA, to develop a full-service community school pilot project. The City of Shelbyville, IN, to complete the interoperable wireless public safety communications system for first responders. Medford, OR, to provide for the merging of two existing 9-1-1 dispatch centers for police officers. City of Sioux City, Sioux City, IA for meth related training. Moultrie, GA, for technology upgrades, including purchase of equipment and professional development City of Haverhill, MA for various Downtown Streetscape Improvements. Stamford, CT, Waste-to-Energy Project, to convert dried sludge into clean, renewable energy. City of Yonkers, NY Police Department, to reduce non-emergency 9-1-1 calls through the creation of a new public hotline. Albuquerque, NM for their Transit Facility Rehabilitation. City of Ashland, MO Main Street Redevelopment Project. Crystal City, VA Bus Rapid Transit. City of Tuscaloosa, AL Downtown Revitalization Project University Blvd. and Greensboro Avenue. Trenton, NJ for a Renewable Energy Feasibility Study, to examine possible renewable energy sources. Quincy, IL for Hydroelectric Power Generation, and their city's efforts to install hydroelectric plants at locks and dams. Oklahoma City, OK, to continue replacement of Oklahoma's aging communication system. Cincinnati, OH for the complete property acquisition, demolition, and remediation to create an urban industrial park. Craig, AK for the redevelopment of the abandoned cannery property. Milwaukee, WI for the development of supportive housing units for homeless.

In addition, the following school districts will receive federal funding through appropriations: The School District of Lancaster (PA) and Philadelphia School District each received $100,000 Project IMPACT, for abstinence education and related services. Troy High School (PA) received $247,000 for removal and/or replacement of non historic windows, infill, louvers, windows, and fan lights. The Logan Elm School District will receive $48,000 for water infrastructure improvements in Circleville, Ohio. The Hesperia Unified School District, Hesperia, CA, received $98,000 for an after school program for middle school students. The Independence School District, Independence, MO, received $347,000 for before- and after-school programs. The Washoe County School District, NV, received $248,000 for an online assessment and accountability instructional programs and an additional $248,000 for an English Instructional program. The Springfield School District, Springfield, IL, received $94,000 for a middle school history experience. And the City School District of New Rochelle, New Rochelle, NY, received $422,000 for after school and summer school programs, faculty professional development, and parent education workshops. These are just some examples of how local governments and local schools benefited from Congressional appropriations and governmental advocacy in securing additional funds for their community. With limited funding from the state and a declining tax base, the federal government has funding available. It just needs to be identified and advocated for. In fact, cities throughout the country have been receiving federal funds, through grants and earmarks, to help offset the lack of funding from their state. While a number of communities here in Michigan have retained lobbyists to fight for a limited amount of money from the state government, only a few have recognized that more money exists from Washington. To help off set costs associated with retaining a lobbyist, communities can pool their resources, work through their chambers or local economic development organizations and find other creative ways to secure the funding they are no longer receiving from Lansing.

While we sit here in Michigan, trying to convince legislators that one program is more worthy of funding at the sacrifice of another, local government leaders should retain a lobbyist to secure federal funding from Congress. Now is the time to start planning for the next fiscal year and secure the funding necessary to govern. If we do shift our focus to Washington, other communities in other states will.

Congress to debate energy reform this week

U.S. Senator Barbara Boxer (D-CA), Chairman of the Senate Committee on Environment and Public Works, today released the text of the Chairman's Mark of the Clean Energy Jobs and American Power Act (S. 1733), this past Friday. New and revised language in the Chairman's Mark released include:

• Specifies distribution of emissions allowances; • Ensures that the majority of investments in the bill are for consumer protection; • Includes new provisions to address clean coal technology; • Increases investments in energy efficiency and renewable energy; • Reduces greenhouse gas emissions and increases investments in the transportation sector; • Enhances agriculture and forestry provisions; • Directs assistance to rural communities; • Includes greater assistance for small and medium refineries; • Enhances the role of tribes; • Increases the size of the market stability reserve; and • Promotes advanced renewable fuels.

To see a copy of the bill, find it here. To find the differences between the earlier version? For more information on the bill and hearings scheduled for this week, beginning, contact dcherrin@cherrinlawgroup.com.

Delays in Transit Expected

There is no doubt that Congress has a full agenda. Health care reform has been dominating their time, followed by climate change legislation and issues in the Middle East. The end of its fiscal year is just a few days away and they, like the Michigan Legislature, have yet to pass their funding bills. For example, the current surface transportation law, the Safe, Affordable, Flexible, Efficient Transportation Equity Act (SAFETEA-LU, P.L. 109-53), was adopted in 2005 and expires on September 30, 2009. To give you some idea of how political this bill was -- When Congress finally passed the last transportation bill in 2005, it took two years and 12 extensions to complete. Although Congress has a bill now drafted, the President wants to put off this measure until after the midterm elections in 2010. A delay in the re-authorization will hinder the planning of transportation projects and perhaps put them in jeopardy of ever getting completed.

At stake is the dwindling Highway Trust Fund, financed by a federal gas tax that pays for repairs to the nation’s crumbling infrastructure. At issue is an effort by Congress and the President to set the nation’s transportation policy for the rest of the decade and perhaps for decades to come. The outcome will be critical to state and local governments that depend on federal assistance to maintain and improve their transportation systems.

The end game will be the creation of a funding mechanism that will ensure the national transportation system will meet the demands of an expanding population while also accommodating the environmental priorities of those who want to see less road congestion, less accidents and more transit options.

For transportation planning organizations it could mean a modern, sustainable and seamless surface transportation network, that fully integrates and connects the nation’s small urban and rural regions with global, metropolitan and neighboring markets. It could also mean increased federal investments in existing and new rural public transportation system, with an emphasis on establishing stronger incentives and program flexibility across the spectrum.

While we will wait for almost a year before Congress will most likely pass a transportation bill, Congress continues to debate issues of transit and transportation. For example, the U.S. House of Representatives passed the “American Clean Energy and Security Act” (H.R. 2454) in June, and the Senate Environment and Public Works Committee is currently developing their version. Both bill contain provisions affecting transit. Although Congress will not pass a transportation bill until next year, there are still opportunities for transit agencies and organizations to secure resources for a variety of projects through existing bills, and help shape funding for future projects by taking a proactive role in advising Congress on what is important to your agency and community.

Therefore, if you have certain projects that need to be funded or policy related issues that can benefit your program, it is important that you meet with your planning organizations, MDOT, the Governor and your Congressional Delegation to ensure their priorities are your priorities. Then it is important to work with your chambers and other community organizations to build a solid base of support for your projects. Despite a full agenda, Congress needs to hear from you and what you need to provide valuable resources to your community. With limited funds from the state and dwindling budgets all around, it seems that Congress is our only option.

Daniel Cherrin is the former Communications Director/Press Secretary for the City of Detroit and to Detroit Mayor Kenneth V. Cockrel Jr. He is now President of North Coast Strategies, which provides cutting edge practical advice where government action or inaction, litigation vulnerability or complex regulatory requirements will impact your reputation and bottom-line. You can reach Cherrin at dcherrin@NorthCoastStrategies.com or (313) 300-0932.

Seizing the debate on health care reform to promote your interests

Most of us have seen the town hall meetings that Members of Congress are having on health care insurance reform and the heated discussions (or chants) now taking place. While individuals take issue with the legislation, organizations should seize the opportunity to share their story, to highlight their organization's mission as it relates to the debate and to feature or highlight their members to show by example, what works and what doesn't, or what should be done as a result of the debate. While debating the contents of the legislation is important, it also is a great opportunity to use the debate to promote your organization, your members or your individual company.

While print media is becoming more and more limited, it helps to have a story that is timely, that is relevant and that is interesting. Now is the time to invest in public relations, issues management and relationship building activities to promote your cause and help position your organization for further resources down the road.

Law Firms Must Adjust To Meet Client Demands

From the boardroom to the bedroom, government affects everything we do. So its time to embrace it and learn how we make government work for us. And perhaps more important, in addition to providing our clients with a legal remedy, we must also provide them the opportunity to seek legislative remedies or use the court of public opinion to reach their business objectives. Many clients are turning to law firms to assist in the public policy process, yet many firms are ill equipped to handle government relations and are not well versed in public relations as a legal tactic. Yet it is the lawyer who knows the law and knows what laws would best benefit their clients as well as how to best position their clients in either a court of law or court of public opinion. It is the lobbyist that knows how to effect legislative change and to assist in drafting the right laws. And it is the brand manager, who knows how to position the issue and the client so that everyone emerges a winner.

In addition, with government getting bigger and more complex, and government funding becoming sparse, regional mid-sized law firms are well equipped to create a practice that blends law, media and public relations with the legal expertise many mid-sized firms have.

Also, with budgets getting tighter, the government is seeking greater partnerships with the private sector. With a solid client base, law firms are well-positioned to assist clients in finding creative opportunities within the government and sound private sector solutions for public problems.

More and more issues in Congress and the state legislatures are having a direct impact on business. Businesses are learning that they can no longer sit on the sidelines when government decisions directly impact their future. Likewise, with tough economic times, businesses are looking for new areas to expand. And despite tough economic times, securing a government contract remains one of the most sought after business development opportunities.

Businesses today cannot afford to ignore the legislative process and adjust to new laws once they are passed. To be successful, business must stay current on legislative issues that could have repercussions on their business or industry. They must also seek to effectuate change where appropriate making lobbying, government relations and public affairs a natural extension of the legal services law firms are already providing.

By integrating strategic communications and public affairs into the practice, combining law, policy, politics and strategic communications, attorneys will provide new and existing clients and integrated approach to their legal problems. This practice group will provide firms with new channels to cross-sell firm services and maintain core clients by expanding into new areas to complement your firm’s legal practice. A successful public affairs and strategic communications group will not only help stand out from other law firms, but it will enhance their core practice groups, advance client relations and increase firm profits, while developing new business.

Congress poised to reauthorize transportation bill despite calls to wait

With a number of items on their plate, such as: Climate Change; Health Care; Financial Market Reform; and Immigration Reform

Congress also is debating how much to spend fixing the nation's transportation system. According to Roll Call, Rep. Jim Oberstar (D-Minn.), has been pushing a six-year, $500 billion bill (highway bill) to repair highways, bridges, airports and mass transit systems, among other things. But President Barack Obama and some Members of Congress instead support a smaller, $20 billion extension of current spending that would delay an overhaul for at least another 18 months.

The House Transportation and Infrastructure (T&I) Committee wants to move the transportation authorization bill forward and pass a bill the President will sign before it expires on September 30, 2009. As a result, the T&I Committee is working hard this week to approve a $3 billion infusion for the Highway Trust Fund. Passing a bill out of committee this week, would set the stage to avoid an extension and continue to keep various projects funded. They argue the reauthorization will create jobs, and allow for the construction of badly needed bridges and roads. Any extension, committee members argue, will leave states unsure as to how to move forward on any project.

The Senate also is poised to pass a bill before their August recess. But the Senate could spoil Oberstar’s plans by passing a bill that provides a short-term fix until they could pass a more comprehensive bill sometime next year.

The President supports waiting. He has a number of priorities that his Administration is working on and want resolved before tackling this important piece of legislation.

Regardless of the outcome, America’s transportation policy is set on a path that favors sustainability and “intermodal” transport. Nonetheless, creative financing must be found to ensure state's like Michigan get their fair share and that funding is secured for projects such:

The M1 Rail project;

Bus improvements in Saginaw;

New buses for the Branch Area Transit Authority; or,

New buses for the Muskegon Area Transit System;

According to Roll Call:

The National Highway System carries 40 percent of all U.S. traffic and 75 percent of truck traffic.

America relies on trucks to deliver nearly 100 percent of our consumer goods and 70 percent of our nation’s freight tonnage.

Over the past 25 years, the number of registered vehicles has increased more than 50 percent, yet new road miles have grown by less than 5 percent and lane capacity has increased by just 6 percent.

According to the Texas Transportation Institute:

Congestion annually costs the U.S. economy $87.2 billion in the form of 4.2 billion lost hours and 2.8 billion gallons of wasted fuel.

If key congestion bottlenecks were eliminated, the trucking industry alone could save 4.1 billion gallons of fuel over 10 years and 45.2 million tons of carbon dioxide emissions. The federal government, in consultation with state and local government and private-sector stakeholders, should tie federal funding to the fulfillment of broad national goals in order to ensure that federal investments are consistent with national priorities. While organizations have been consulting and lobbying Congress for more than a year, it is not to late to join the discussion and offer suggestions as to what the nation's transportation policies should be for the next six years, and how it should be funded. Those affected by transportation policies should work through their trade association and/or individual lobbyists to represent their interests.