| CASE
STUDIES
STATE
GOVERNMENT
MUNICIPAL GOVERNMENT
COMMUNITY
OUTREACH
STATE
GOVERNMENT
Teen
Driver Safety Act
During the 2007 legislative session,
on behalf of AAA of Arizona, the firm successfully enacted
legislation that placed restrictions on new teen drivers for
the first six months of when 16 and 17 year olds receive their
driver license. Prior to the enactment of the legislation,
Arizona one of five states that had no intermediate phase
for new teen drivers.
Previous
legislative efforts, which contained the marquee provisions
of passenger limitations and nighttime driving restrictions,
never before received hearing in the Arizona Senate.
The
firm developed a coalition of 37 stakeholders, including law
enforcement, emergency service providers, hospitals, state
agencies and the insurance industry. As a result of the proactive
input received from stakeholders, the firm drafted the legislation,
which changed very little through the entire legislative process,
representing a bill that was structurally sound at the time
of introduction, thus avoiding unnecessary concerns and opposition.
While
the legislation passed out of the Senate with only token opposition,
the original Senate bill faced strong philosophical opposition
from a key committee chairman. Having predicted the challenges
in the House well in advance to the start of the legislative
session, the firm strategically arranged for a House bill
to quietly go through the system in order to be used as a
strike-everything amendment later in the session.
Having
met all the procedural requirements, ultimately, the strike-everything
amendment passed out of the House with 50 votes and equally
marked the first time that the topic of teen related driving
restrictions was ever put to a vote on the Senate floor. The
Governor signed the Teenage Driver Safety Act without reservation.
Passage
of the legislation required countless hours of preparation,
stakeholder management, coalition development and maintenance
and one-on-one meetings with virtually all 90 legislators.
Despite strong philosophical opposition, relating to the encroachment
of parent discretion over children, the success of the legislation
was due in large part to the strategic decisions made based
on polling data collected during the interim period, which
was used to frame the message and demonstrate statewide support.
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Personal
In-Home Care Licensure Legislation
Towards the middle of the 2007 legislative
session, the firm was retained to oppose legislation that
had already passed out of the Senate that would have established
licensure requirements for personal in-home care agencies.
Given the legislative schedule, the firm was given two weeks
to defeat the legislation that had some degree of momentum
coming out of the Senate.
In
conjunction with client, the firm identified major weaknesses
of the legislation and began working with key legislators
and Majority and Minority policy staff in the House. The opposition
focused on the bill's fundamental flaw that provided an exemption
of independent in-home care providers, which would have remained
unregulated under the legislation, despite having the propensity
to create the largest concern in the industry. The firm successfully
pressed the message that the issue of regulation was valid,
but exemption one segment of the industry and regulating the
other was poor public policy.
In
the end, the legislation, despite the success in the Senate,
did not receive a committee hearing in the House and the bill
was defeated for the remainder of the legislative session.
The
primary challenge in defeating this legislation was the late
date in which the firm was retained to oppose the measure.
The firm's understanding of legislative procedures combined
with effective message development, proved to be the deciding
factor in the bill being denied a hearing.
The
secondary challenge was to develop an appropriate message,
given the sensitivity of the subject matter. The message was
clearly framed that this was not about whether the industry
should or should not be regulated, but rather the flawed approach
to the regulatory framework that was created in the legislation.
At no time did the client appear to be supportive of an unregulated
industry serving some of the most vulnerable populations.
Rather, the client's position was that, due to the nature
of the industry and patients served by the industry, the exemption
of independent providers did not create the protections the
proponents of the bill claimed to exist.
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Exempt
Well Legislation
On behalf of the Southern Arizona
Water Users Association, over a three-year period, culminating
in 2005, the firm successfully worked with stakeholders and
legislators to develop and enact legislation that would restrict
the ability of property owners to drill exempt wells 35 gallons
per minute) within Active Management Areas (AMAs) in which
municipal sources of water were otherwise available.
Historically,
restrictions on exempt wells have been in direct conflict
between prudent ground water management and the philosophical
concerns of private property rights advocates. As part of
the effective strategy, the firm developed and maintained
a coalition of municipal water providers, private property
rights organizations, state agencies and environmental groups
to support the legislation.
The
legislation was developed around the fundamental understanding
that all property had a right to water and that while groundwater
management is critical to the future of Arizona, the solution
could not interfere with the established fundamental right
to water.
A compromise was created in which the drilling of new exempt
wells was prohibited in the AMAs unless the property had no
other access to water. In such circumstances, an exemption
to the prohibition would be granted by the Arizona Department
of Water Resources. This compromise was the key factor
in the success of the legislation, as all previous attempts
did not provide a guaranteed access to water. In addition,
the legislation benefited from a comprehensive early stakeholder
development process and the ability to proactively address
and resolve the diverse policy needs of each party.
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Behavioral
Interventions, Inc.
Effectively navigated legislation
through the 2004 legislative session to establish a pilot
Community Accountability Program within the Arizona Department
of Corrections. The program is designed to demonstrate how
the combination of electronic monitoring with treatment programs
can effectively reduce the rate of recidivism among the identified
population. As a result of an extensive stakeholder outreach
effort prior to the start of the legislative session, the
legislation was enacted with broad bipartisan support and
had no opposition from the public safety community, which
historically has challenged most prison related reforms in
Arizona.
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Arizona
Board of Behavioral Health Examiners
Successfully enacted legislation during
the 2003 legislative session to convert the regulatory oversight
of behavioral health professionals in Arizona from voluntary
certification to compulsory licensure. The behavioral health
profession had been attempting to obtain licensure since the
regulatory agency was established in 1988. Despite support
from the recognized professional associations, the legislation
was opposed by individuals who had previously avoided regulatory
oversight for over a decade. The opponents attempted to use
an extensive letter writing and e-mail campaign as the primary
means to oppose the legislation. The effort was effectively
mitigated by anticipating the opposition’s arguments
and proactively working with legislators and legislative staff
to question the claims in advance.
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Southern
Arizona Water Users Association
Successfully enacted enabling legislation
to allow for the creation of an infrastructure financing mechanism
in order for multiple political subdivisions and private companies
to combine limited resources to address delivery, treatment
and storage infrastructure as a means of utilizing renewable
water supplies. Stakeholder management played a key role in
the outcome of the legislative effort, as large property owners
expressed initial opposition to the concept, due to potential
fiscal impacts. A comprehensive compromise was reached, which
allowed the formation of the districts with limited, but otherwise
effective, funding sources that would not adversely impact
property owners. The creation of such a finance mechanism
was recognized in the Governor’s Water Management Commission
final report submitted in December 2001.
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Arizona
Board of Dental Examiners
Successfully completed a year-long
legislative effort to increase the board's fees for the first
time since 1992, despite significant opposition from key legislators
in the Arizona House of Representatives. Early stakeholder
management was a key factor in the outcome. Prior to the start
of the legislative session, the firm developed a joint letter
of support for the Arizona Dental Association and Arizona
Dental Hygienists Association. In addition, given the historical
difficulties experienced by the board in dealing with legislative
matters, early discussions with legislators proved to be the
deciding factor in the legislation's successful enactment.
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Vistoso
Partners
Successfully led a team of lobbyists
in representing a property owner that had out-bid a local
government at a State Land Department auction for State Trust
Land. After the local government had lost the public auction,
legislation was introduced to grant the jurisdiction the ability
to use eminent domain authority for a limited period in order
to obtain the property. With the legislation defeated, the
two parties were ultimately able to settle the matter without
the threat of eminent domain powers unfairly being used against
the property owner as leverage in the negotiations.
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MUNICIPAL GOVERNMENT
Goodrich
United Propulsion Company
In 2004 and 2005, the firm was retained
by the Goodrich Corporation to assist on a land use case associated
with one of their facilities know as United Propulsion Company
(UPCO). At the UPCO facility, Goodrich produced ejection seats
for military aircraft. Accordingly, by the nature of the manufacturing
and testing being conducted at the facility, the 155 acre
site had several different buildings and bunkers that stored
explosive materials that were used in the production of the
ejection seats.
The
original UPCO facility had been in existence for more than
25 years and operated on an Arizona State Land Department
lease that was due to expire in the then-near term. The facility
was also operating under a non-conforming use permit, as prior
to the property being annexed into the City of Phoenix, Maricopa
County approved the facility in which little or no residential
development was within the immediate vicinity of the facility.
Over time, however, the facility experienced increased residential
encroachment that did not exist during the original zoning
proceedings in Maricopa County.
As
the Arizona State Land Department lease was in the process
of expiring, residential neighborhoods, located in close proximity
to the facility, initiated an aggressive campaign to close
the facility by advocating for the lease to terminate without
a renewal. Accordingly, in response to the residential opposition,
the Arizona State Land Department required UPCO to obtain
the appropriate zoning in the City of Phoenix.
Prior
to the firm's engagement, as part of a team of public relations
experts, zoning attorneys and public affairs experts, all
of the public hearings had been attended by a couple dozen
neighborhood opponents who used theatrics and hysteria to
demonstrate their opposition for public safety.
Upon
being retained, the firm, working in conjunction with the
existing team, led the efforts to identify and mobilize supportive
residents to offset the opposition at various meetings and
public comment opportunities.
As
a result, the "Preserve Goodrich" campaign was launched
that focused on the preservation of 100 acres of open space
that was associated with the facility. Moreover, maintaining
the UPCO facility would preserve high-paying jobs. Lastly,
significant attention was placed on UPCO's mission of preserving
the lives of pilots by producing ejection seats for military
aircraft.
At
the Deer Valley Village Planning Committee, the firm's efforts
translated into more than 150 individuals attended the committee
meeting to demonstrate their support for the facility. The
large show of support too opponents by surprise and essentially
ended their standard theatrical presentations. In turn, the
Deer Valley Village Planning Committee approved the zoning
case, as requested by the entitlement team.
Subsequent
to the Village Planning Committee, nearly 250 supporters attended
the Phoenix Planning Commission, representing one of the largest
displays of public support for a zoning case in recent memory.
The Planning Commission approved the case.
In
an effort to highlight the support for the facility, the firm
arranged for each supporter to be provided with a bright orange
tee-shirt with the logo "Preserve Goodrich" located
on the front.
In
the end, the Phoenix City Council observed 300 supporters
attend its meeting in which, ultimately, the City Council
approved the requested zoning for the UPCO facility.
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National
Solid Wastes Management Association
Successfully prevented the City of
Phoenix from making significant changes to the Solid Waste
Ordinance that would have negatively impacted the solid waste
and recycling industry. If these changes had been enacted,
it would have given an unfair advantage to the city in competing
with services provided by the private sector. These changes
would have adversely impacted all small solid waste and recycling
firms in the Greater Phoenix Metropolitan Area. The firm effectively
organized a diverse coalition of small and large companies
within the industry to meet with senior appointed and elected
officials within the city’s management team and City
Council offices. Ultimately, the municipal department that
developed the proposed policy change decided, as a result
of the political pressure orchestrated by the firm, to withdraw
the measure.
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Arizona
Public Service Company
On behalf of Arizona Public Service
Company, the state's largest publicly traded utility, the
firm has been involved in a series of high voltage (230kV
and 500kV) transmission line siting projects designed to respond
to the tremendous growth in the western region of Maricopa
County.
The
firm is responsible for identifying community leaders
and organizations and senior appointed and elected officials
in state, municipal and county governments in an effort to
educate these individuals and jurisdictions on the pending
transmission line projects and the potential impacts associated
with the proposed and alternative routes. The firm works in
conjunction with the project manager and environmental consultants
in order to provide identified leaders with timely and accurate
information that is designed to avoid confusion and communication
gaps between jurisdictions, community organizations and APS.
While
high voltage transmission lines are rarely popular, the process
developed by the firm has been effective in addressing concerns
prior to APS' submission to the Arizona Corporation Commission
for the issuance of the Certificate of Environmental Compatibility.
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COMMUNITY OUTREACH
Phoenix
Rotary 100
On behalf of Phoenix Rotary 100, Arizona’s
oldest civic community organization, the firm was retained
to develop and implement a strategy to maximize the recognition
and participation of key elected officials in the dedication
ceremony of the Field of Dreams project, located at the Art
Hamilton Elementary School. The dedication ceremony was in
commemoration of Rotary International’s 100th Anniversary.
The firm composed, solicited and facilitated proclamations
and letters of support from the Arizona Congressional delegation,
Governor Janet Napolitano, Phoenix Mayor Phil Gordon, Maricopa
County Supervisor Mary Rose Wilcox and Phoenix Councilmember
Doug Lingner. The firm was responsible for coordinating the
participation of several elected officials to attend the actual
ceremony and deliver brief congratulatory remarks.
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Save
AZ Kids
In November 2001, during a Special
Legislative Session, there was a legislative effort to “raid”
nearly $30 million of the voter-approved Tobacco Elimination
and Prevention Program (TEPP) funding in order to help balance
the state’s budget. On behalf of the American Heart
Association, American Cancer Society and the American Lung
Association, effectively organized a diverse coalition of
health advocates and high-efficacy women voters in eighteen
targeted legislative districts to severely reduce the amount
of money actually eliminated from the program.
Elements of
the grass-roots mobilization effort included designing eighteen
separate direct mail pieces that went to high-efficacy women
in the child bearing and rearing ages. These hard-hitting
direct mail pieces encouraged the reader to contact their
legislators and the Governor’s office to express their
opposition to reducing the TEPP funding. Following the arrival
of the direct mail information, recipients received a telephone
call from a professional telephone bank reiterating the need
to contact the targeted decision-makers. In addition to the
direct mail and telephone bank components, the effort also
used a website that provided already known health advocates
necessary tools and information they could use in selected
tasks and calls-to-action.
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