Building Your Policy Skill SetOctober 20, 2014

Rebecca Goodwin Deardorff, University of WashingtonLynda Lloyd, NorthWest Community College

Donna Meeks, Old Dominion UniversityRobert Shur, Colorado State University

We all come to our jobs with some “baggage”… 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• Campus newspapers both

online or in print explain what is occurring (creating, revising, repealing a policy).

Notices

• Encourages interaction with the policy or rule ahead of final approvals.

Comment

Periods

• Legislative in style, an intake of testimony, not a presentation.

Public Hearing

s

• Provides a list of potential problems ahead of final approvals.

Summarize &

Analyze Commen

ts

Also, One Size Does Not Fit All• These are temporary rules

that automatically sunset after a set # of days (while permanent rules continue on developmental track).

Emergency Rules:

• 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.

Housekeeping Rule Change Criteria:

Lynda Lloyd

NorthWest Arkansas Community CollegeDirector of Institutional Policy and Compliance

How Did I End Up in Policy & Where Do I Go From Here

Student Services

Academic Divisions

Public Relations

Accreditation

Business Offices

Information Technology

Grants

Foundation

It’s All About Relationships

Donna W. Meeks

Old Dominion UniversityUniversity Policy Manager & Executive Secretary to the Board of

Visitors

It’s Those Relationships That Brought Me Here!

Board of Visitors

President

Special Asst. to the President/Executive

Secretary, Board of Visitors

ME

Me

Board of Visitors

President

University Counsel

ME

Me

• Executive Secretary to the Board

• Legal Assistant

Board of Visitors

President

VP, Admin & Finance

Human Resources

Budget & Finance

Internal Audit

Physical Plant

Procurement

Public Safety

Information

Technology

ME

• Executive Secretary to the Board

• Assistant to the VP for Admin & Finance

Board of Visitors

NEWPresident

VP, Admin & Finance

Human Resources

Budget & Finance

Internal Audit

Physical Plant

Procurement

Public Safety

Information

Technology

ME

• Executive Secretary to the Board

• University Policy Manager

My Relationships Made Me Successful! Board of Visitors

Managed Board policies University Counsel

Developed a logical numbering system and systematic approach to managing board policies

Took over management of University policies Vice President for Academic Affairs

Understood that the key to an effective compliance program was the development of a robust policy management program

Our CHAMPION! NEW President

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 UniversityExecutive 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 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?

If you accept one argument and reject another, can you articulate why?

Act Like a Lawyer 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. Are you burdening somebody? Creating red tape?

Write Like a Lawyer Language should be clear:

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

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? 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)?

OK, it looks good on paper. Will it work?

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

So, why do I want to think like a lawyer?

Now, It’s Your Turn!

Other Skills?

Questions?