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.

The Tooth Fairy

Today my daughter lost her tooth. Although she believes that I am the tooth fairy, she still believes in tooth elves. It is good to believe. Here is a copy of the letter the "tooth fairy" left under her pillow:

My Dearest XXXX,

You were such a brave girl today when you lost your front tooth. I heard all about how your mommy pulled it out – Wow!

I am so proud of how you take care of your teeth, especially this one that I found under your pillow. I left something under your pillow in exchange for your tooth. Thank you!!! I can’t wait to add it to my collection. I heard you are also learning about counting money, so I left some change for you to count.

I also understand that you think I am your father. I get that a lot, so I included a picture of me – It is a drawing because fairies don’t take good pictures.

Love,

The Tooth Fairy

P.S. I am pleased to see that you enjoy brushing and flossing your teeth. Keep up the good work!

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.

Today's Legal Market Demands Broad Business Solutions

*Story Originally Posted in the American Bar Association's Law Trends and News, Fall 2009, Vol. 6, No. 1.

Today’s legal market demands a broad range of business solutions lawyers can provide their clients. A strategic communications plan can prove to be an extremely helpful tool law firms can provide their clients. For example, in today’s 24/7 media culture, companies lack access to and control over the media who cover their industry and to the people that talk about them online.

In addition, businesses often find themselves navigating a complex environment that requires dealing simultaneously with litigation, governmental and regulatory actions, media scrutiny, and public perception. Oftentimes business strategy demands a multidisciplinary approach of legal action, public relations, and government relations. Knowing where these issues converge can help protect your reputation and enhance your position in the marketplace.

For example, new court rules were recently unveiled in Michigan directing jurors not to Twitter about the case before them or to turn to the Internet for information beyond that which was presented to them in the court. Social media is becoming more than a tool for us to use to stay in touch with friends: it is becoming a new area to look out for our clients' interests and/or a new medium to promote our practice.

Also, in just seven months, Congress has passed a number of key bills that have been enacted by the president, including the economic stimulus package, expansion of SCHIP, Pentagon acquisition reforms, and other key reforms. Congress is in the midst of tackling a number of difficult issues, including energy and climate legislation, health care reform, FY 2010 appropriations, the reauthorization of the transportation bill, financial regulation, food safety, and immigration reform—all of which will affect our legal practice.

As a result, attorneys should extend their services beyond the courtroom and into the court of public opinion or legislature. If attorneys will not provide such services, then they should build strategic partnerships with public relations firms and/or lobbyists. To meet the needs of today’s businesses, lawyers will need skilled advice regarding how to position their clients before the media or in front of the legislature, while legally protecting their clients.

For example, seeking PR counsel is an important aspect of representing clients in high-profile cases. Even if the issue is a small matter, there is no way we can tell how public opinion can or will shape the outcome of a case. Therefore, in engaging PR counsel:

• Have the lawyer retain the PR firm as opposed to your client directly, to try to preserve attorney-client privilege;
• The PR counsel should consult with the client only in the presence of an attorney and first talk things over with the attorney to seek their support and buy-in for the PR strategy.

Once a PR firm is engaged, they will (depending on the strategy):

• Asses the situation, review any media to date;
• Create key messages;
• Create talking points for key audiences including, staff, vendors, clients, and the media;
• Using the key messages, educate and sensitize the media to mitigate damage or control the story;
• Facilitate interviews; and
• Diligently work to preserve and protect your client’s image in the public eye.

“An attorney’s duties do not begin inside the courtroom door. He or she cannot ignore the practical implications of a legal proceeding for the client.” SeeGentile v. State Bar of Nevada (Kennedy opinion) 510 U.S. 1030, 1043 (1991). Just as an attorney may recommend a plea bargain or civil settlement to avoid the adverse consequences of a possible loss after trial, so too an attorney may take reasonable steps to defend a client’s reputation in the court of public opinion

In today’s fast-paced environment, where it may take years to build up one’s reputation and only seconds to destroy it, a lawyer’s role as advocate extends to managing his or her clients’ reputations inside and out of the courtroom.

Daniel Cherrin, an attorney, is the former communications director/press secretary for 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.

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 45^th among the states and 41^st 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.

Stop Looking at Lansing: Schools need to focus on support from Congress

With funding diminishing from the State of Michigan for schools, districts statewide should shift their focus to Washington.

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.
• And 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 the funds available for local districts.

With very limited budgets, school districts need to be careful where they spend their resources. It may prove helpful to work through an intermediate school district or perhaps even build a regional collaboration with the county, chambers and other entities to secure federal funding.

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.

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.

Communications gap between lawyers and the media

Earlier this week, Montieth & Co., a special situations management advisory and communications consultancy released the results from their 2009 "Media and the Law Survey."

The results show, that reporters are trying to cover more litigation than ever (60% of reporters polled), and the need help understanding the core issues of the cases, especially in securities actions."

In today's litigious environment, journalists need to be able to explain complex legal matters to audiences outside the courtroom. Lawyers have a real opportunity, not to affect a legal outcome, but to help protect their clients reputation in the court of public opinion.

However, the survey also found that only 31% of the respondents said that lawyers were effective in helping them understand the cases and the legal issues involved -- and most found plaintiff's attorney were more helpful.

Reporters surveyed also said they "wish lawyers were more open to talking to reporters about their cases." And others would like more background on cases.

Lawyers have an important role in protecting their clients. At the same time, that should not come as a sacrifice to protecting their client's reputation in the public eye. In some cases, one's reputation is more important than any legal outcome.

As a result, lawyers should either become more media savvy or retain a public relations firm that is, because the chances are, if you are not talking to the media ... your opponent is.

*For the record, only half of those surveyed found PR firms to be helpful. So we all have to step-up our game.

Group homes reduce obstacles | detnews.com | The Detroit News

Group homes reduce obstacles | detnews.com | The Detroit News

Shared via AddThis

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.

Restoring stability, gaining trust and rebuilding Detroit’s future.

By Daniel Cherrin

One year ago, then Detroit City Council President Ken Cockrel became Detroit’s 61^st Mayor, after Kwame Kilpatrick resigned. Then Mayor Cockrel, assumed the leadership of a city very much in trouble. At the time, the magnitude of Detroit’s budget problems were unknown, people sat in city hall pushing paper, our auto industry’s infrastructure was crumbling, the Nation was about to elect its first African American President, America’s economic climate worsened, and the world would soon be coming to Detroit for the NCAA Final Four Men’s Tournament.

Ken Cockrel inherited a city in shambles, not as the “elected mayor,” but as a public servant, called to duty and asked to serve. At the time, his 11-year political-career as a Wayne County Commissioner, City Council Member and City Council President prepared him to assume his new role as Mayor. As Mayor, Cockrel, looked forward to creating an open and transparent culture, stabilizing a city, restoring trust in city government and the office of mayor.

In the brief eight months he served as Detroit’s Mayor, Cockrel was often criticized for moving to slow. But moving slow was the most appropriate strategy for coming into the middle of an established administration at a time when he had to campaign for office twice, while still trying to run the city. Slow, calculated and strategic moves, based on facts and sound public policy, rather than politics or pressure, was how Cockrel stabilized the city. It took time to get a handle of the city’s finances and come up with a plan to not just reduce the deficit, but to eliminate it, balance the budget and turn in all of the city’s financial reports in on time, to help restore Detroit’s credit rating lost due to so much uncertainty in the city.

He began to create a process to repair and rebuild a fractured and aging city government and change the corporate culture, to restore stability in our city and restore our tainted image.

As we have all seen, as city council president, as mayor, and again as city council president, Cockrel is a person with tremendous integrity. As Mayor, he put substance before showmanship and worked to secure meaningful reform for Detroit.

Cockrel served as our Mayor at the perfect time. As mayor, he shifted our region’s focus from the scandals of the past to rebuilding for our future. At the time he became mayor, he did not seek the position, and yet he rose to the challenge.

As Cockrel’s Communications Director and Press Secretary, I was given the opportunity to participate in a number of discussions and decisions affecting our city. I was always impressed, when Cockrel made decisions not because of politics, but because it was good public policy … Not because it would get him elected, but because it made sense … Not because it was what someone wanted, but because it was what the city needed.

This past May, the voters (or lack thereof) did not give Cockrel the opportunity to act on his plans to restore financial stability to the city, to restore the trust back in the Office of Mayor and to find new hope and opportunity to secure Detroit’s future for the next generation.

Although Cockrel’s work continues as President of the Detroit City Council, there is no doubt in my mind of Ken Cockrel’s place in Detroit’s history. He became Mayor not out of desire, but out of need. He served as Mayor with honor, integrity and class. His agenda is Detroit’s agenda. Cockrel remains at the base of Detroit’s foundation and best represents the City’s future. Ken Cockrel was the right person at the right time to lead this city and created the process by which fiscal stability could be restored, trust, and set the tone for Detroit’s new beginning.

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.

Detroit will benefit when Chicago lands the 2016 Olympics

On October 2, the City of Chicago will appear before the International Olympic Committee (IOC) and plead its case to host the 2016 Olympic games. They are competing against Rio de Janeiro, Madrid and Tokyo.

In the past, Detroit also appeared before the IOC, and bid for the 1944, 1952, 1956, 1960 and 1968 Olympics. While we lost each bid, we moved on to enhance a number of buildings throughout the city, including many of those at Wayne State University.

While Detroit competes to restore its public image, we should work with Chicago to support their bid to win the right to host the 2016 Olympics. If they win, we win. While hotels along Chicago’s Magnificent Mile and along their Lakeshore Drive will sell out, there is a good chance that Detroit and the State of Michigan will reap some benefit. For example, while Chicago’s O’Hare and Midway Airports may be crowded, some travelers, including those on Delta/Northwest, may just choose to fly-in to Detroit Metro, rent-a-car and perhaps check out our region’s cultural, culinary and athletic treasures. We could also host a number of Olympic delegations, as they need a place to train and get acclimated to the time changes and American culture. Facilities at any of our state’s universities not to mention our diverse topography make Michigan a great place to train and prepare for the Olympics in 2016.

Chicago has a lot to gain economically from hosting the Olympics. Studies show the Games could generate $13.7 billion in economic activity from 2011-2021. But Detroit and the State of Michigan also have a lot to gain. It is our chance to be a co-host, along America’s North Coast, and welcome the world to the region and to the Great Lakes. So let’s support our neighbor to the west. We often compare ourselves to the Windy City as a place we would like to be. So for now, let’s offer our support and resources to win the games, not just for Chicago and the Great Lakes but also for the United States of America.

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.

FEDERAL FUNDING IS AVAILABLE FOR LOCAL GOVERNMENTS, BUT FIRST YOU NEED TO ASK!

Last year the President said to the nation’s mayors at their annual conference, "we need to promote strong cities as the backbone of regional growth….we also need to stop seeing our cities as the problem and start seeing them as the solution…strong cities are the building blocks of strong regions, and strong regions are essential for a strong America…" And earlier today in a speech in Indiana the President said, "The battle for America's future will be fought and won in places like Elkhart and Detroit, Goshen and Pittsburgh, South Bend, Youngstown –- in cities and towns across Indiana and across the Midwest and across the country that have been the backbone of America. It will be won by making places like Elkhart what they once were and can be again –- and that's centers of innovation and entrepreneurship and ingenuity and opportunity; the bustling, whirring, humming engines of American prosperity."

In fact, President Obama, commonly referred to the Nation's first Mayor President (because he hails from Chicago) created the Office of Urban Affairs and this week, began a national conversation to engage cities and metropolitan areas with an eye towards what works, and a call for an interagency review of how federal policies are impacting local communities. The President has said, "Our job is to advance a new federal vision that recognizes cities and metropolitan areas as dynamic engines for our economy, and develop federal policy built on these strengths."

Yet, municipalities throughout the country have been plagued by cuts in revenue sharing, triggering layoffs, unfunded programs and projects, uncut parks, and reduced or eliminated services. Revenue sharing pays for police officers, fire fighters, road maintenance, water systems, parks and other essential local services. In the past eight years, the State of Michigan has reduced revenue sharing by $3 billion, causing the layoffs of thousands of police officers and fire fighters and cuts to other critical services. Last month, President Obama announced the next phase in developing a new urban agenda including a national conversation to engage cities and metropolitan areas with an eye towards what works, and a call for an interagency review of how federal policies are impacting local communities. 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. For communities such as Charlevoix, Negaunee, Birmingham, Battle Creek, Detroit, Oakland County and Wayne County have each retained a lobbyist to help them secure funding in Washington. A number of chambers, including the Detroit Regional Chamber, Kalamazoo Chamber, Battle Creek Chamber and Ludington Chamber, have also retained federal lobbyists, as well as a number of DDAs and economic development agencies throughout the country.

While I realize that a majority of local governments do not have the resources to retain a lobbyist, nor is it the most politically correct thing to do, there are still creative ways to secure federal funding for local communities through partnerships with other organizations in the region.

For example, in FY 2009, the following communities will receive federal funding (as an example):

• 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 to the Park City, Utah area -- Funding would provide additional non-construction support.
• 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 100k
• 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 of the Queen City Barrel area 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.

(Source Office of Management and Budget)

Federal funding is available for a wide-variety of projects, from putting more police officers on the street, fighting gang violence, reducing drug use, updating aging 911 systems, building intermodal facilities, rehabilitating properties or after school programs, the federal government has resources through grants and earmarks available for cities such as yours. As one Congressman once said, "I do not know why various organizations do not ask Congress for help and support of a number of programs." Where an entity has a program that meets a community need, the availability of federal funding is a strong possibility. But first you need to ask.

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.