Effective Policy Advocacy in a Fiscally Conservative Era

1. Effective Policy Advocacy in a Fiscally Conservative Era NACC Annual Conference August 2013 Atlanta, Georgia

2. What is Public Policy?

3. What is Advocacy?

4. Overview of Policy Advocacy Approach • Policy analysis • Identifying the issue • Doing your homework • Assessing the political and social landscape • Developing a strategic advocacy plan • Assessing risk • Building alliances and working with coalitions • Messaging effectively • Implementing your plan • Engaging the process • Evaluating your efforts

5. Cycle of Public Policy Development

6. Before You Start Know the rules Know your organization Know the environment

7. Problem Identification AKA Identifying the Issue • What is the problem? • Whom does it affect? • How does it manifest? • What existing policies relate to the problem? • What is the result you are seeking?

8. Problem Identification • What is the problem?: Outdated, unclear statutory scheme • Georgia’s Juvenile Code was enacted more than 40 years ago and had been amended in piecemeal fashion without full review • Who does it affect? Practitioners (judges, lawyers, probation officers, social workers), and children and their families • How does it manifest? Georgia Appleseed’s Common Wisdom report • What existing policies relate? Title 15, Chapter 11 • What is the result being sought? A comprehensive revision of the state’s Juvenile Code to ensure compliance with federal law, incorporation of best practice and social science research, and to realize improved outcomes for children, families, and the community

9. Problem Identification • What is the scope and scale of the problem? • What does the available data show? • Baseline and forecast • What are the causes of the problem? • Story behind the curve • What does good legislation look like? • Conduct a 50-state survey • Identify recommendations for best practice • Consult with national experts

10. Research • Proposed Model Code • Available data

15. Research Assessing the Political Landscape • Is the policy environment favorable? • First rule: do no harm • Which is the majority party? • Who are known or potential allies within the majority party? • Which legislators are in key positions of authority, power or influence? • Which legislators are responsive to your (issue) constituency? • Which stakeholders will expect to be consulted?

16. Research • Republican Governor • 2003-2011: Former foster parent • 2011-current: Former juvenile court judge • Republican majority House and Senate • Children’s “champions” • Issue proponents

17. Identify Goal • Coalition resolved to “not go backward” • Research-based statutes encouraging best practices • Statutes that are compliant with current federal law • Promote the public conversation about “justice for youth” • Facilitate a consensus public agenda for children

18. Assess Possible Solutions Legislation is not always the answer. Other options include: • Agency policies • Administrative rulemaking • Memorandums of understanding • Protocols • Bench guides • Court rules • Education • Litigation

19. Assess Possible Solutions • Who are your adversaries? • What are their needs, wants and highest values? • Can they be neutralized through compromise? • Who are your best allies? • What are their needs, wants and highest values? • What is the win-win for you both? • How will you engage them? • Who or what are potential casualties? • What do they stand to lose?

20. Assess Possible Solutions • Adversaries: • Prosecuting Attorneys Council • Association of County Commissioners • Individual stakeholders, on single issues • Allies: • Possibly some state agencies • Individual attorneys • Public interest legal groups • Faith communities • Casualties: • Possibly DFCS, DJJ (loss of control, shifting service areas)

21. Assess Possible Solutions • What is the potential contribution to the problem? • What is the potential impact on the target population? • What is your likelihood of success? • What is the potential risk to you or your organization? • Do you have sufficient capacity to engage? • What role will you play? • What partners are needed? • Cost/benefit analysis

22. Select a Strategy Building Alliances and Working with Coalitions • Advantages • Achieve and demonstrate broad support • Development of robust advocacy strategy over time • Greater impact achieved by bringing many groups/constituencies together around coordinated message • Provides protection to some members (“power in numbers”) • Reduce competing messages delivered to policymakers about a particular issue; demonstrate consensus

23. Select a Strategy Building Alliances and Working with Coalitions • Disadvantages • Visibility of large group overwhelms opportunity for private advocacy • Dilutes authority to agree, compromise • Lack of consensus, shared credit results in failure • Take time to develop • Require strong leadership capacity • Can detract from individual partner organization’s mission, create competing internal priorities

24. Select a Strategy • Do the other member organizations have a good reputation? Will an association with any of them hurt you in the eyes of your target audience? • Who is in charge of the coalition? Is this a person (or group) you can easily work with? Do they have good leadership skills? • What is the purpose, advocacy strategy, and approach of the coalition? Is there strong consensus on these matters among members? • Do the members of the coalition have good relationships? • Does the coalition have the resources it needs to carry out its agenda? What kind of resource commitment is required of you? • What role is being offered to you as a coalition member? Who in your organization will attend the coalition meetings?

25. Implementation • Identify your audience(s) • Adopt prevailing political rhetoric • Keep key messages simple and short; avoid jargon • Be prepared to answer the question “What do you want me to do?” • Choose the best messenger and strategically target outlets • Reinforce messages • Respond timely to concerns • Follow-up • Resend messages • Letters, emails, phone calls • Live presentations

26. Implementation • Surveying candidates • Voter polling • Meeting with legislators • Testifying at committees • Coordinating efforts with advocacy partners • Stakeholder meetings • Creating educational materials (research, draft legislation, fact sheets) • Communicating

27. Evaluating Your Efforts • Often, requires a multi-year process • Did we meet our goals? • Was the final legislation ‘worth’ the investment of time, resources, relationships, etc.? • What new alliances exist for future work? • What bridges were broken? • What would we change if we had to do it again?

28. Case Studies

29. The JUSTGeorgia Experience: Summary • 2004: Charge to Juvenile Law Committee to create a comprehensive revision to Georgia’s Juvenile Code • 2004-2008: Reporters hired, research conducted • 2006: JUSTGeorgia Coalition formed • 2008: Proposed Model Code released for public comment • 2009-2013: Georgia General Assembly considered versions of bill • 2012: Special Council on Criminal Justice Reform re-established and tasked with juvenile justice system reform • 2013: House Bill 242 passes unanimously, to take effect January 1, 2014

30. Case Study – Instructions for group

31. Contact Information Melissa Carter Executive Director, Barton Child Law & Policy Center Emory Law School Phone: 404-727-0333 Email: melissa.d.carter@emory.edu Karen Worthington Karen Worthington Consulting Phone: 404-200-6315 Email: karen@karenworthington.com