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New Legislators Meet the Lobbyists

by Judah Ken Freed

Recently elected legislators in the Colorado General Assembly discover the six categories of lobbyists.
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During the December 3 orientations for new Colorado state legislators, the "freshman" lawmakers were introduced to the kinds of lobbyists they'll meet during the tenure at the capitol.

After a lasagna luncheon in the Colorado History Museum across from the state house, Sen. Norma Anderson, R-SD22, stepped up to the podium as moderator. "Timely conversations with lobbyists will help you in the legislature," she began, "and it's important for you to pay attention to what you say and what you hear them say."

In contrast to the black name badges worn by state legislators, she told them, the 600 registered lobbyist in Colorado are required to wear blue name badges in the state house, "so you can spot them easily when they approach you."

Lobbyists are bound by a set of formal and informal rules to regulate their conduct, she noted, and they are subject to discipline by the legislative ethics committee, " because if a lobbyist tells you something, you need to be able to believe it."

The legislative research staff knows a lot, she said, but the "lobbyist corps" often can provide more information, "and they'll tell you both sides of an issue, if you ask, or of they don't know, they'll tell you where you can go to find out."

Anderson told the legislators that they will be meeting six kinds lobbyists &emdash; contract lobbyists, association lobbyists, employee lobbyists, volunteer lobbyists. and executive branch lobbyists. She then proceeded to introduce speakers representing each category.

First up was contract lobbyist Danny Tomlinson or Tomlinson and Associates, who began 27 years ago as an employee lobbyist for Mountain Bell. Today he has contracts to represent the Colorado State University system, the "green" industries of Colorado, some worker's compensation insurance groups, the City of Westminster, and others.

"A lobbyist is someone you hire to protect you from someone you elected," he began. The laughter that followed was a bit nervous.

Tomlinson warned the new legislators that making sense of all the biased information coming at them each day will be like "trying to drink from a firehose," so they need to learn who they can trust.

"The most important thing I can bring to the table," he said, "is my integrity and my respect for the institutions of the General Assembly. If I lie to you or anyone here even once, I'm done."

Along with total honesty, a good lobbyist needs three things, Tomlinson said &emdash; "a business card, a cellphone, and breath mints."

Some clients hire him simply to monitor relevant legislation. other clients hire him to pass or kill certain measures. He success is based on carefully choosing clients for compatibility with his own philosophy of what constitutes good government.

His biggest professional challenge as an independent contractor is avoiding conflicts of interest among his clients. "Whenever that happens, I try to get my clients to agree on a single viewpoint, or else I just step out of the debate on that particular issue."

He concluded his presentation with this advice, "Develop your relationships here based on trust. Watch out for those who simply use you and then throw you away. Insist on respect."

Next up was Jane Urschel, an association lobbyist employed by the Colorado Association of School Boards (CASB), who once served on the Jefferson Country School Board.

CASB is different from CASE (Colorado Association of School Executives) and CEA (Colorado Education Association), she emphasized. "We represent the elected school boards in 177 of the 178 school districts in Colorado. We do not represent administrators or classroom teachers."

Lobbyists follow two basic theories of practice, she said.

In the "James Bond theory," the name of the game is espionage. The lobbyists make it their business to find out everything they can about each legislator, from political views to personal habits to tastes in food, and this knowledge is used to influence the legislators.

In the "James Madison theory," the objective is developing solid research on proposed public policies, then engaging in friendly but vigorous conversations to influence legislators' thinking as reliable experts in a given field.

"Our real job as lobbyists is to help prepare you for committee meetings and floor debates, so you know what you're talking about."

Sen. Anderson then introduced corporate employee lobbyist, Jerry McElroy of the Kaiser Foundation, part of Kaiser Permanente, the health maintenance organization (HMO) begun in 1975. McElroy has been with the venture from the start.

"You need to take the time to find out who are the different lobbyists and who they represent," he said, "so you know who to call with any question or problem. Our currency is reliable information."

He recalled a Dick Lamm quote comparing legislative lobbying to a pinball machine. "Sometimes you win and sometimes you lose, and sometimes it just helps to jiggle the machine."

Anderson then called forward former state representative Wayne Knox, who spent 32 years in the House and now works as a volunteer lobbyist for the League of Woman Voters and the senior lobby representing the elderly.

"Paid lobbyists are down at the state house every day," he said, "but you will see volunteer lobbyists less often. We speak up because we believe in something, not because we are being paid. "

The LWV has about 20 volunteer lobbyists "and one low-paid lobbyist," he noted, so when they have an issue of concern to them, the organization can exert a strong presence.

The LWV legislative committee meets every Monday at Noon in the First Baptist Church across from the state capitol building, he said, inviting legislators to attend the educational meetings.

From his experience as a legislator, Knox repeated the caution about integrity. "Learn who you can trust, even when you disagree with them."

He added that a primary job of any lobbyist is counting votes. "I'd suggest that you should never make a commitment to soon about how you are going to vote on a given issue. Take your time to do your research and to think about your choices. But once you do make a commitment to vote a certain way, you must stick to it."

Closing out the session for news legislators was young Mike Beasley, the legislative liaison for Governor Bill Owens. Some of the 14 state agencies have their own lobbyists, he said, but they each coordinate their actions through the governor's office to promote his legislative agenda or kill unwanted measures.

In any given session, Beasley noted, along with those bills drafted by legislators themselves, there may be up to 150 bills proposed by state agencies and another 30-50 offered from the governor's office.

"We will always make our position on legislation crystal clear to you," he promised. "We'll let you know ahead of time if we plan to lobby for you or against you, and please do not mistake our interest in your bill as a sign of support.

Last year the governor vetoed a dozen bills, and the record so far is 25 in one session. "If you have a bill the governor will never sign, we'll tell you this right away," he said, "so you can decide what to do. My job is to avoid a veto at any cost."

Noting that Governor Owens makes it point to carefully read everything that crosses his desk, Beasley explained the governor's duty to sign or veto within ten days any legislation passed during the session, adding that the governor has 30 days to act on bills passed at the very end of the 120 day session.

"If the governor will sign your bill," he said, " you can ask for a formal signing ceremony, and we'll do our very best to schedule one for you. If necessary, we can do a mock ceremony, which still looks good in the campaign brochure. Who's to know?"

 


Orginally written for The Colorado Statesman.
December 2002
(c) 2002-03 by Judah Ken Freed


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Last update: 30 JANUARY 2009

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