LOBBYING

INTRODUCTION Lobbying is an important professional activity for nurses. Although some might think that lobbying is a secret activity carried on by highly paid special interest representatives, lobbying is any effort to influence the decision makers who influence our lives. Any member of a democratic society has the right to lobby to inform, educate, and persuade elected officials. Through effective lobbying, nurses can have a say in how funds are spent, which laws are enacted, and what the nursing practice environment will be. Lobbying is one route to legislative power. Nurses can increase their power, first by learning about health care policies and proposals, and then by communicating their knowledge and concerns to lawmakers. DEFINITION Lobbying (also Lobby) is the intention of influencing decisions made by legislators and officials in the government by individuals, other legislators, constituents, or advocacy groups. A lobbyist is an activist usually paid by an interest group to promote their positions to legislatures. A lobbyist can also work to change public opinion through advertising campaigns or by influencing 'opinion leaders' or pundits, thereby creating a climate for the change his or her employer desires. The word lobbyist comes from the chambers in which the act of lobbying usually takes place, an anteroom near legislative bodies, for instance, or even the lobby of hotels where important people are staying. Lobbying is in many countries a regulated activity, with limits placed on how it is conducted, in an attempt to prevent political corruption. In the United States, lobbyists are required to be registered unless they represent an elected official, or an organization of elected officials, such as the National Governors Association. Most major corporations and political interest groups do hire lobbyists to promote their interests. Think tanks aim to lobby, by means of regular releases of detailed reports and supporting research. Lobbyists in the United States target the United States Senate, the United States House of Representatives, and state legislatures. They may also represent their clients' or organizations' interests in dealings with federal, state, or local executive branch agencies or the courts. A separate form of lobbying, called outside lobbying or grassroots lobbying, seeks to affect the legislature or other bodies indirectly, through changing public opinion (or purporting to). Lobbyist A 'lobbyist' is a person who tries to influence legislation on behalf of a special interest or a member of a lobby (in dictionary words) A lobbyist is an activist usually paid by an interest group to promote their positions to legislatures. A lobbyist can also work to change public opinion through advertising campaigns or by influencing 'opinion leaders' or pundits, thereby creating a climate for the change his or her employer desires. LOBBYING TECHNIQUES 1. The most important lobbying is done in the lawmakers' home district through arranging meetings on issues, making calls to the legislators about issues. Effective lobbying requires contacts on a continuing basis.

2. 3. 4. 5. 6. 7. 8. 9. 10.

Be well informed about the issues. Knowledge of the legislator and past positions on similar issues is very helpful. Know your facts and provide data and rationale to support your position. Persuasion is the key, but please use common sense and courtesy. Be concise and to the point. Do not overkill! If you disagree with a legislator, dont argue. Express reasonably and calmly your well-prepared rationale for your position to the legislator. If you are asked a question you cannot answer, say you dont know but you will find the answer. Then get back to them as soon as possible. Do not make up an answer or give wrong information. Get to know each legislators staff. The legislative assistant usually spends more time studying the issues and is more knowledgeable about specific details of a pending bill. Remember that you do not have to be an expert on every legislative issue. You are the expert within the community the legislator represents! Follow up with a thank you note and keep in touch with your legislator GUIDING PRINCIPLES OF ETHICAL CONDUCT FOR LOBBYISTS LOBBYISTS AND EMPLOYERS OF

1. HONESTY & INTEGRITY A lobbyist should conduct lobbying activities with honesty and integrity. A lobbyist should be truthful in communicating with public officials and with other interested persons and should seek to provide factually correct, current and accurate information. If a lobbyist determines that the lobbyist has provided a public official or other interested person with factually inaccurate information of a significant, relevant, and material nature, the lobbyist should promptly provide the factually accurate information to the interested person.

2. COMPLIANCE WITH APPLICABLE LAWS, REGULATIONS & RULES Lobbyists and employers should seek to comply fully with all laws, regulations and rules applicable to the lobbyist and employer. A lobbyist and employer should be familiar with laws, regulations and rules applicable to the lobbying profession in the State of Tennessee and should not engage in any violation of such laws, regulations and rules. A lobbyist and employer should not knowingly cause a public official to violate any law, regulation or rule applicable to such public official, and if one is aware of a potential violation, should bring the same to the others attention. A lobbyist or employer should timely register and file reports with the Commission as required and should keep their information up to date.

3. PROFESSIONALISM A lobbyist should conduct lobbying activities in a fair and professional manner. A lobbyist should have a basic understanding of the legislative and governmental process and such specialized knowledge as is necessary to represent an employer in a competent, professional manner. A lobbyist should maintain the lobbyists understanding of governmental processes and specialized knowledge through appropriate methods such as continuing study, seminars and similar sessions in order to represent an employer in a competent, professional manner.

4. CONFLICTS OF INTEREST A lobbyist should not undertake or continue representations that may create conflicts of interest without the informed consent of the employer or potential employer involved. If a lobbyists work for one employer on an issue may have a significant adverse impact on the interests of another of the lobbyists employers, the lobbyist should so inform both employers whose interests may be affected and obtain their consent even if the lobbyist is not representing the other employer on the same issue. A lobbyist should avoid advocating a position on an issue if the lobbyist is also representing another employer on the same issue with a conflicting position. A lobbyist should disclose all potential conflicts to the employer or prospective employer and discuss and resolve the conflict issues promptly. 5. DUE DILIGENCE & BEST EFFORTS A lobbyist should vigorously and diligently advance and advocate the employer's interests. A lobbyist should devote adequate time, attention, and resources to the employers interests. A lobbyist should exercise loyalty to the employers interests. A lobbyist should keep the employer informed regarding the work that the lobbyist is undertaking and, to the extent possible, should give the employer the opportunity to choose between various options and strategies.

6. COMPENSATION AND ENGAGEMENT TERMS An independent lobbyist who is retained by an employer should have a written agreement with the employer setting forth the terms and conditions for the lobbyist's services, including the amount of and basis for compensation. No employer of a lobbyist shall offer or pay and no lobbyist shall solicit or accept any fee, compensation or bonus for lobbying wherein the amount of the fee, compensation or bonus is contingent upon achievement of an outcome deemed to be successful for the employer.

7. CONFIDENTIALITY A lobbyist should maintain appropriate confidentiality of employer information. A lobbyist should not disclose confidential information without the employers informed consent. A lobbyist should not use confidential employer information against the interests of an employer, or for any purpose that is not contemplated by the engagement or terms of employment.

ETHICAL DILEMMAS IN LOBBYING Since the ethical foundation of lobbying is the vigorous public debate necessary for informed decision making, ethical dilemmas related to lobbying tend to arise when various behaviors by lobbyists and lawmakers undermine the fairness and transparency of that process and do not contribute to the common good. Fairness The most obviously unethical (and illegal) practice associated with lobbying is paying a policy maker to vote in a favorable way or rewarding him or her after a vote with valuable considerations. If this practice were allowed, people and organizations with money would always win the day. But even with outright gifts to lawmakers outlawed, there are subtler ways to "buy" undue influence. Fairness questions also arise when some lobbyists have easier access to lawmakers than others. Frequently discussed is the problem of revolving door lobbyists-those people who once served as public officials who then go into the private sector and work to influence their former colleagues.

 Transparency One way to improve the fairness of the lobbying process is to make sure that possible sources of influence are visible to the public. This goal is behind various state and federal requirements that lobbyists register and file reports on the issues they have discussed with lawmakers. Various proposals have been offered to strengthen these transparency provisions, increasing the frequency of reporting and the number and variety of organizations that qualify as lobbyists. On the local level, some groups are calling for access to lawmakers' appointment books so that the public can see who they met with and what they discussed. Common Good Lobbyists are advocates. That means they represent a particular side of an issue. The role lobbyists play in the legislative arena can be compared to that of lawyers in the judicial arena. Just as lawyers provide the trier of fact (judge or jury) with points of view on the legal issues pertaining to a case, so do lobbyists provide local, state, and federal policymakers with points of view on public policy issues.

The Lobbying Process A lobby is a group of people trying to persuade an organization/government that something should be done e.g. the antinuclear lobby is a well-known example in the Pacific, and of recent times is the anti-abortion lobby across the Americas and Europe. In the context of advocacy, lobbying can be interpreted as a strategic communication or method of persuading or convincing key advocacy target audiences e.g. Members of Parliament, Government or Church ministers, to do something (usually to change a law/ policy or the allocation of budgets) about an issue. There are different ways of lobbying ranging from the writing of letters to key target audiences expressing the issue or having face to face meetings to discuss the issue to a large scale campaign involving multiple groups and spokespersons using various media channels including public rallies. Some examples of lobbying techniques used are : Lobbying techniques Letters / Press releases / Press conferences Fact Sheets / Briefing packs / Posters / Flyers Public service announcements Public Forums and debates Petitions Public rallies Face to face meetings The basis for successful lobbying is in forming credible partnerships and effective communication. The seven basic rules (seven Cs) of effective communication, adopted from standard advertising practices, offer a convenient guide: Command attention messages should be daring enough to attract attention and elicit comment while at the same time remain sensitive to cultural context, social values and political priorities. Slogans are often used. Sometimes it is the medium even more than the message that is theattention-getter e.g. using the Goodyear blimp or the sides of the elephant as billboards to promote condoms. Cater to the heart and head most people are moved at least as much by emotions as by reason. Personalize the message and appeal to the audiences consciousness and values. Clarify the message Focus and freedom from clutter are crucial. A key message should convey a single, important point. Communicate a benefit People need a strong motive to do something or change a behaviour.

Create trust A message that people will act on their own accord must come from sources that they trust. Call for action After hearing or seeing the message, the audience should know exactly what to do. Prepared statements of actions or a draft legislation or policy helps. Consistency counts Repeated messages and sustained dialogue is important. BRIBERY AND LOBBYING The difference between bribery and lobbying is based on several factors. The first is intent. Bribery is the purposeful provision of goods or services given to another party, which is done so with the intent of receiving some form of benefit. Lobbying, on the other hand, is the appeal to another party or parties to better a situation that affects a particular group or groups. Typically an individual or group of individuals acts on behalf of the larger group or groups, to help further their cause. However, it is the specific expectation of what type of action should be taken that truly defines the difference. Many people or groups make contributions to political causes during the course of lobbying. They typically work within legal boundaries and ethical guidelines. Bribery, on the other hand, involves try to influence another party or organization to overlook the rules or boundaries, rather than working within them (Harstad & Svennson, 2005). Advantages of lobbying 1. Society will be notified of important issues that may otherwise get swept under the rug or lost in the ordinary

business of the day. 2. toes. 3. Lobbying allows people to practice articulating how they feel on issues, and prepares people for working with People are involved with the issues of their day and a variety of lobbyists keeps the sitting government on their

government or in government. 4. Discussion of politics at grassroots level is a healthy activity for every country and the basic liberties of freedom

of speech and freedom of religion allow everyone to dialogue in a civilized and respectful manner. 5. More representation is always desirable, as minorities often do not have voice.

Lobbying has several disadvantages: 1. Lobby groups tend to focus on only 1 issue, to the detriment of understanding other surrounding issues. This

gives them a bit of tunnel vision, and often they cannot see the forest for the tree. 2. The expense of lobbying can be quite high as a lot of effort has to be made to communicate. A big part of the

expense of lobbying is travelling to locations and gathering petitiions and a lot time and effort is spend writing and rewriting to proposals to be reasonable and understandable. 3. Another disadvantage of lobbying is the toll that is takes on those who take up the cause. While they could

simply continue on their way and let their country destroy itself, lobbyists seem to have a deep concern regarding the issues of their day. This can take its toll on families and relationships. Sometimes lobbying results in violence and even death in some instances. 4. Lobbyists will sometimes disrespect the freedoms enshrined in constitutions in order to press forward with a

right they feel should be respected. Unfortunately, they often don't realize they are breaking their own freedom of speech and religion laws by forcing others to accept their lifestyles. When lobbying begins to infringe upon the freedoms of others, the lobbyist is on the wrong track and must reigned in.

Tips on Lobbying 1. Keep it short and to the point. 2. Don't forget to say "Thank you." 3. Get to know the legislator's staff. It is frequently more productive to speak to a staff member than the lawmakers themselves. 4. Tell the whole story by acknowledging when something is difficult and when there is opposition. 5. Timing is everything. It is important to know Congress' procedures, so mention proper deadlines and don't ask for requests at the last minute. 6. Have a 1-page written draft of what you want available to leave or send to the legislator. 7. Be professional even when the answer is "No." Regroup and wait for another chance. Role of nurse as lobbyist 1. Familiarize yourself with laws, policies and funding practices affecting patients and nurses locally, in your state and nationwide. 2. 3. Network to boost your influence. Take part in nurse lobbyist nights. Join national and local nurses' associations. Telephone the Congress person or legislative assistant handling the issue that concerns you. Identify yourself. Prepare a script that states the bill number and lists your main points and reasoning. 4. E-mail or write a one-page letter to your Congress person. In the first paragraph, identify yourself and the specific legislation or issue you are writing about. Address only one issue per letter. To identify yourself as a constituent, include your full name, address and phone number. 5. Become actively involved in politics and public policy making at the local, state and national levels. Vote in elections. Campaign for candidates who support your concerns. 6. Become familiar with key legislative players. Support nurses already active in the state legislatures and Congress, including the ANA lobbyist. AAAN suggests, "Get to know the legislator's staff. It is frequently more productive to speak to a staff member than the lawmakers themselves." 7. Build credibility and strong working relationships by learning political and legislative procedures. Shadow an experienced lobbyist, observe as a health-related bill makes its way through Congress, and/or serve as a legislative intern. 8. Testify on a bill by going to your State Legislature or to Washington to tell your story or present your views on an issue.