 |
|
Hiring a State Contract Lobbyist
By Constance Campanella
Finding a contract lobbyist who is right for your organization is one of the most challenging assignments faced by state government affairs professionals — whether you are a beginner or a veteran. And knowing how to put a lobbyist under contract — for the right fees and terms — is an essential skill if you are going to succeed at the state level.
THE INTERVIEW
After you have secured several recommendations for lobbyists, you will need to interview them. It is not necessary to interview lobbyists in person — although you should always welcome such an opportunity. Unfortunately, given the distances and the frequent need to hire multiple lobbyists quickly, it is not always feasible.
Besides, since you will likely be managing lobbyists by phone or email, it is perfectly appropriate to interview them by phone. Feel free to include in the interview process any of your colleagues who will be regularly involved with the particular state or issue you're hiring the lobbyist to address.
Use the interview to gauge how this lobbyist approaches a new issue, how well he communicates and how comfortable you feel with the person. He will be your partner as well as a retained lobbyist, so make sure that you have good rapport. If a lobbyist tries to overwhelm you with legislative jargon or appears disinterested in your issues — look elsewhere.
While the main purpose of interviewing a lobbyist is make sure you are hiring the "right" person for your needs, you can also learn more about the state government you are addressing — if you listen carefully. Exhibit 1 (below) contains fifteen questions you should ask when interviewing prospective contract lobbyists:
| Exhibit 1 — Direct Interview Questions |
1. What is the primary focus of your practice?
2. How many lobbyists does your firm employ?
3. What are your areas of issue or committee specialization?
4. How long have you been lobbying?
5. How long have you been with your firm and are you planning any moves?
6. How many active clients do you expect for the next session?
7. Are you available to take on more clients?
8. Describe your most recent experience with pro-active legislative efforts.
9. Do you represent "national" clients?
10. What kind of monitoring service do you provide to clients?
11. Have you had any ethics violations of any kind — however small?
12. What factors go into making a fee proposal?
13. Are you a Republican, Democrat or Independent?
14. "Knowledge of the process" questions.
15. Tell me about the politics in your state's legislature. |
Let's look at each question in more detail:
1. What is the primary focus of your practice?
The primary focus of the candidate's practice should be lobbying. If their primary focus is legal work, public relations, grassroots or general consulting, they may not have the dedication to lobbying that you need.
2. How many lobbyists does your firm employ?
This is an issue of capacity. One lobbyist with twelve active clients worries me. I feel better when firms have a minimum of two to three lobbyists on staff. If there is only one lobbyist available to help you, he should be managing fewer client projects than a multi-lobbyist firm.
3. What are your areas of issue or committee specialization?
Almost every lobbyist will describe himself as a "generalist." That's fine, but special expertise with tax issues, utility regulation, telecommunications issues or health care might be valuable to you. That special issue knowledge should be considered a plus if it fits your scope of work.
4. How long have you been lobbying?
There is no right answer here, but it does go to track record. Are you willing to take a risk on a first-timer? Maybe so — for a reduced price — but make sure you factor this lack of actual experience into your negotiation.
5. How long have you been with your firm and are you planning any moves?
Lobbyists change firms. Sometimes, they do so mid-session. In response to a direct question, you might force them to reveal their plans. You may not care if they hang out a new shingle or switch firms, but that is your choice to make.
6. How many active clients do you expect for next session?
This is another capacity question. How many is too many depends upon the work involved, but you need to consider this: committee meetings can occur at the same time. Can they cover all of them?
7. Are you available to take on more clients?
Near the end of session, with many deals being cut and days stretching into late nights, ethical lobbyists know they are at capacity and will tell you. I appreciate that and always call them the next time I'm looking for a lobbyist.
8. Describe your most recent experience with pro-active legislative efforts.
Here is where I expect details. I do not expect client-confidences to be broken, but I want to hear exactly what the lobbyist did to make the client's dream come true. Have them describe their most recent experience with defensive legislative efforts as well.
9. Do you represent "national" clients?
You should have already checked their registrations. If the only client names you saw start with Ohio Association of... then find out why. Perhaps they had out-of-state clients before. Ask about that experience and how they interact with clients who are long distance.
10. What kind of monitoring service do you provide to clients?
Many lobbyists consider monitoring to be a throw-away — or at least it looks like that. Review examples of regular monitoring reports and see for yourself if the "reports" are just print-outs from introduction lists or something more targeted and more substantial. After all, you can get your own introduction lists online — for free. You should not be paying for them.
11. Have you had any ethics violations of any kind — however small?
You will have checked this independently before making the call, but this question gives the lobbyist a chance to explain how strongly she feels about ethical practices. Listen carefully.
12. What factors go into making a fee proposal?
Let them talk about how they determine how much to charge. Some lobbyists have minimum flat fees and make no bones about them. Others play "LET'S MAKE A DEAL" and you have no idea what's behind Curtain #1. I especially like to hear lobbyists talk about factors that go into fee-setting — for example, offensive vs. defensive campaign, level of controversy and coalition vs. go-it-alone.
13. Are you a Republican, Democrat or Independent?
Ask the candidate to describe how other people would regard him in terms of partisan affiliation. This did not used to be all that important. Now it is a crucial question in many states. With thin partisan majorities, lawmakers are far more sensitive to your hiring "one of them."
14. "Knowledge of the process" questions
How early can a bill be introduced prior to the session? Is there a crossover deadline? If you have discussed a committee, then ask who chairs that committee? What has your relationship with the Chair been like? What leadership changes do you expect in the legislature next year? Where is the power center in each chamber? If you wanted to get a bill passed in [that committee], who would be your ideal sponsor and why?
It is unlikely that your prospective lobbyist will not know these things, but how they react to your asking about them is important. If they are impatient or try to put you off by saying that they will share all of that with you when the time comes, then don't hire them.
15. Tell me about the politics in your legislature?
Again, this is where I expect an excellent lobbyist to try to impress you with her knowledge, but also to help you understand what you are up against. She should demonstrate that she wants to educate you, that she is articulate and interesting, and that she is having fun doing it.
And when you're finished with the interview, you'll want to take a moment to capture your impressions. Ask yourself questions like:
• Did the person sound bright and interested?
• Did they volunteer knowledge about the issue? And were they correct?
• Did they appear eager for the contract?
• Were they vague about their experience?
• Did they make you feel that you were important to them as a client?
There are myriad attributes that seasoned professionals come to expect or desire in a lobbyist. Some of these attributes are just matters of preference. For example, some people prefer to hire attorney-lobbyists. Most lobbyists are not attorneys, but there is no reason why you cannot insist upon one if that background makes you feel more comfortable and confident. In contrast, I have known clients who would never consider a large law firm to manage their lobbying. They prefer a smaller firm.
Other sought-after lobbyist attributes are more clearly tied to the work itself. They include the size of the firm's lobbying team, capabilities to provide coalition building, grassroots and media management expertise.
Conflicts are also a major consideration in selecting candidates for your lobbying assignment. What's a conflict? A conflict is whatever you say it is. Typically, a conflict is an existing client that is opposed to or is likely to oppose your position. For example, if you represent a tort reform coalition, you are not going to consider a lobbyist who works for the plaintiff's bar.
Competitors may also represent conflicts — particularly when your focus is on public sector sales. Conflicts can be matters of preference, too. For example, a health care company may not choose to hire a lobbyist who also represents smokeless tobacco — even if the engagements are entirely separate. You decide.
|
|
|
|
|
