Transcript PRSENTATION TITLE

Building Your Policy Skill Set
October 20, 2014
Rebecca Goodwin Deardorff, University of Washington
Lynda Lloyd, NorthWest Community College
Donna Meeks, Old Dominion University
Robert Shur, Colorado State University
We all come to our jobs with some “baggage”…
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Natural Talents
Previous Job Skills
Hard-Won Insights
Technical Expertise
Let’s explore some skills
that are useful to the
policy administrator…
And, then we’ll ask you
to share yours.
Rebecca Goodwin Deardorff
University of Washington
Director of Rules Coordination
What is rulemaking?
Based on the federal Administrative Procedure Act
(APA)
Adopted by most states as the Model State APA
It seeks to keep the public informed about an agency’s:
* organization
* procedures
* rules
Provides for public participation in the rulemaking
process.
What is the rulemaking process?
Inform the campus of proposed rules before they take
effect.
Encourage comments on proposed rules and provide
feedback to the administration.
Require the institution to analyze and respond to
comments received.
Respond to any petitions for review of current rules.
Create a permanent record of the rule, its analysis and
process.
Why Should I Care?
My college or
university
doesn’t have
a rulemaking
obligation.
Strategic Rulemaking Tools
Notices
• Campus newspapers both online or in
print explain what is occurring
(creating, revising, repealing a policy).
Comment
Periods
• Encourages interaction with the policy or
rule ahead of final approvals.
Public
Hearings
• Legislative in style, an intake of testimony,
Summarize
& Analyze
Comments
• Provides a list of potential problems
ahead of final approvals.
not a presentation.
Also, One Size Does Not Fit All
Emergency
Rules:
Housekeeping
Rule Change
Criteria:
• These are temporary rules that
automatically sunset after a set #
of days (while permanent rules
continue on developmental track).
• A shortcut approval process
allows updates for:
• Links
• Contact information
• Names of university/college
programs or titles
• Language clarification without
changing the policy or rule’s
effect.
Lynda Lloyd
NorthWest Arkansas Community College
Director of Institutional Policy and Compliance
How Did I End Up in Policy &
Where Do I Go From Here
Student Services
Academic
Divisions
Foundation
Public
Relations
Grants
Information
Technology
Accreditation
Business Offices
It’s All About
Relationships
Donna W. Meeks
Old Dominion University
University Policy Manager & Executive Secretary to the Board of Visitors
It’s Those Relationships That Brought Me Here!
Board of
Visitors
Me
President
Special Asst. to the
President/Executive Secretary,
Board of Visitors
ME
Board of
Visitors
Me
President
ME
University Counsel
•
Executive Secretary
to the Board
•
Legal Assistant
Board of
Visitors
ME
•
Executive
Secretary to the
Board
•
Assistant to the
VP for Admin &
Finance
President
VP, Admin &
Finance
Human
Resources
Budget &
Finance
Internal
Audit
Physical Plant
Procurement
Public Safety
Information
Technology
Board of
Visitors
ME
NEW
President
VP, Admin &
Finance
Human
Resources
Budget &
Finance
Internal
Audit
Physical Plant
Procurement
•
Executive
Secretary to the
Board
•
University Policy
Manager
Public Safety
Information
Technology
My Relationships Made Me Successful!
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Board of Visitors
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University Counsel
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Understood that the key to an effective compliance program was the
development of a robust policy management program
Our CHAMPION!
NEW President
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Developed a logical numbering system and systematic approach to managing
board policies
Took over management of University policies
Vice President for Academic Affairs
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Managed Board policies
A true proponent of our efforts!
Colleagues – Relationships developed over the years with colleagues at the
University brought a natural synergy to our Policy Review Committee.
RELATIONSHIPS = SUCCESS
Robert Schur
Colorado State University
Executive Director, Department of Policy, Risk & Environmental Programs
What does it mean to
think like a lawyer, and
why would I ever want to
do that?
Think Like a Lawyer
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Be able to argue both (all) sides of the question with conviction
Anticipate resistance no matter what approach you take
Anticipate future changes to law, society, institution
Be able to tell good arguments from bad ones
 Is it logical?
 Does it really apply?
 Is it the demonstrable truth?
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If you accept one argument and reject another, can you articulate
why?
Act Like a Lawyer
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Keep the client in mind (the institution--not a specific individual or interest
group)
Mediate without bias; keep personal views and feelings out while remaining
human (or whatever species lawyers are)
Don’t leave your principles and values at the door--leave your biases,
prejudices and uninformed views
Ask good questions
LISTEN to what is being said and HEAR it
Help create policies that matter, that work, that contribute, that create
value, and that make your institution/community better
We’re not happy until you’re not happy.
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Are you burdening somebody?
Creating red tape?
Write Like a Lawyer
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Language should be clear:
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Precise, unambiguous, complete, accurate, unbiased, accessible,
meaningful, concise
Write with your audience in mind
Did I mention clear?
Reflect principles that have been tested (stare decisis)
Allow for discretion where needed, but not arbitrariness
Follow a hierarchy of general to specific; separate procedures
Cite correctly to authorities, references
Plan, discuss, and debate by committee. But don’t draft by
committee. That’s your job.
Policy vs. Practice
OK, it looks good on paper. Will it work?
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Are the people responsible for carrying out
the policy aware of what they are expected to do?
Will there be unintended consequences?
How will compliance be enforced?
Where does YOUR responsibility end, and have you
passed the baton?
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Will you teach, monitor, review, refresh? If not you, who?
Are there internal controls in place (audit survivability)?
How will it play in Peoria (front-page test)?
So, why do I want to think like a lawyer?
The leading rule for the lawyer, as for the man of every other
calling, is diligence. Leave nothing for to-morrow which can be
done to-day. Never let your correspondence fall behind. Whatever
piece of business you have in hand, before stopping, do all the
labor pertaining to it which can then be done.
Resolve to be honest at all events; and if in your own judgment
you cannot be an honest lawyer, resolve to be honest without
being a lawyer. Choose some other occupation, rather than one
in the choosing of which you do, in advance, consent to be a
knave.
--A. Lincoln, Notes on the Practice of Law, 1850
Now, It’s Your Turn!
Other Skills?
Questions?