Dealing with Elected & Appointed Official
Presented by:
Ralph Blakeslee
RGB Consulting, LLC
www.rgbconsulting.net
Ralph@rgbconsulting.net
Office Phone, 908-638-5908
Office Fax, 908-638-5907
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Consulting, LLC
Dealing with Elected & Appointed
Officials
Official Course Purpose:
The purpose of this course is to provide the participants with the
knowledge and skills necessary to build a strong working
relationship with elected officials and key constituents. Since
many elected officials are part time or relatively new to the local
government environment, emphasis through out the course will
be placed on the need for appointed officials to “educate” their
elected partners. Participants will come away from the course
with a better understanding of when and how to communicate to
elected and public officials.
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Dealing with Elected & Appointed
Officials
Un-Official Course Purpose:
Not Get Fired
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Introductions
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Ralph Blakeslee
20 + Years in Local Government
Registered Municipal Clerk
Undergraduate Degree from Montclair
State University
Graduate Degree in Public
Administration from Rutgers
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Ralph Blakeslee - RGB
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Introductions
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What We Are Going Today?
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A Little Civics 101 – covering the basics
Education – for YOU and THEM
Communication – Its YOUR Lifeline
Participation – It builds trust in YOU
Tell War Stories…
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And Now Some History
Now that’s too much history….
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A Quick History of NJ Local Government
• Originally Settled by the Dutch, Called New
Netherland
• Taken from the Dutch by England
• King Charles II of England Gave the Land that is
now NJ to his Brother James, Duke of York 1664
– The Charter Created Two Proprietary Colonies-East &
West
– The Charter Granted the Holder to Incorporate
Municipalities in a General Assembly
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A Quick History of NJ Local Government
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A Quick History of NJ Local Government
What Did James of York Do With His New
Possessions?
He Gave Them Away
To Sir George Carteret, in exchange for a
debt, & his friend Lord John Berkeley
They Appointed Philip Carteret, George’s
Cousin, The First Governor
There Were Many Problems
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A Quick History of NJ Local Government
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Disputes Over the East-West Line
Attacks by Native Americans
Squatters
Attempts by New York Leaders to Take
Over the Colonies
In Order to Attract Settlers Carteret &
Berkeley Promised Religious Freedom
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A Quick History of NJ Local Government
In 1702 Queen Ann:
• Combined East & West into New Jersey
• Designated NJ a Royal Colony
• The method of Municipal Incorporation changed
from legislative grant to royal charter
• The First Royal Governor was Edward Hyde
– Ineffective and corrupt ruler, taking bribes and
speculating on land
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A Quick History of NJ Local Government
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A Quick History of NJ Local Government
He Got Fired
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A Quick History of NJ Local Government
• Fast Forward to the
American Revolution
• We Throw the Bums Out
• The Power to Incorporate
Municipalities Reverts back
to the Assembly
• The First General Law
Dealing with Municipal
Incorporation was the
“Township Act of 1798”
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A Quick History of NJ Local Government
• To Summarize, early New Jersey:
– Stolen Property (from the Dutch)
– A Payoff (Carteret’s debt)
– Divided….
– The Subject of Nepotism (My Cousin Carteret,
the Governor)
– A Haven For Religious Non-Conformist
– A Failed Business Venture
– Ruled by a Royal Cross-Dresser
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A Now A Word From The Political
Science Department:
• Federalism and State &
Local Government
– Federalism is a form of
government where power
and responsibility is divided
between a national
government and smaller
sub-units
– State Government is
responsible for establishing
further sub-division of power
and responsibility
– Local Government exists
and operates only at the
pleasure of the state
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The Concept of “Home Rule”
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“Home Rule” is the concept that subdivisions of the central government can
self-govern themselves
“Article IV, Section VII (11) of our New
Jersey Constitution guarantees that
counties & municipalities will have
powers that are both expressly granted
& implied by necessity…
And the Home Rule Act of 1917 states
that it is the intention to give all
municipalities the fullest and most
complete powers possible over the
internal affairs of such municipalities for
local self-government.
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So What Happen To Home Rule?
Rise of the Industrial Nation
Issues of Little Importance Became Important
More Demands for Government Services & Enforcement
Politicians Grew More Corrupt
The Number of Government Employees Grew
Government Became More Complex
What’s all that mean?
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Some Basics…
Before We Begin….
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Know Your Partners-Motivations for
Becoming an Elected Officials
The Reformer
The Advocate
The Single Issue Candidate
The Angry Citizen
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Know Their Responsibilities
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Elected Officials
Follow the Law (Duh)
Stay Educated on the
Issues
Set Short & Long Term
Goals
Develop Policy
Direct Staff
Stay In Touch with the
Constituents
Stay In Touch with the
Staff
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Know Your Responsibilities
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Staff
Follow the Law (Hello Mr.
Prosecutor)
Educate the Elected
Officials
Help the Elected Officials
Stay in Touch with the
Constituents
Implement Policy
Contribute to Policy
Development
Assist with goal setting
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Remember…
That individual elected officials
have no power to direct,
change or adopt policy. Only
Governing Body, acting as a
“Whole”, can do so.
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Know the Rules
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Personnel Policies
One of the most valuable
tools to maintain order
Should be adopted by
ordinance or resolution
(if by resolution, then
annually at
reorganization)
Should cover all
employees, full and part
time
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Personnel Policies
True or False?
Personnel Policies Cover Elected
Officials
Its True….
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When the Rules Get Broken You Need
Grievance Procedures
• What is a “grievance”
A grievance is simply a formal statement of
complaint, generally against an authority
figure.
Source: Wikipedia.org
Question: Name the most famous list of grievances in American
History
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Forms & Types of NJ Local Government
Local Government is General Patterned after the
other forms of government in country
Executive Mayor
Legislative –
Committee/Council
Judicial –
Municipal Court
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Forms & Types of NJ Local Government
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New Jersey Local Government
(Municipal) Can Be Categorized in the
Following Groups:
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Traditional Form
Modern Form
Faulkner Act Form
Non-Standard Form
Why Do You Need To Know This?
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Forms & Types of NJ Local Government
The Type and Form of Local
Government will Dictate who is the
“Appointing Authority” and under what
terms and conditions that authority may
make appointments.
N.J.S.A. 52:27D-126(a) states: The
appointing authority of any municipality
shall appoint a construction official and
any necessary subcode officials to
administer and enforce the code…
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Forms & Types of NJ Local Government
Traditional Form
Township Form Government
Is headed by a weak Mayor, which is selected by the
members of the Township Committee and acts a the
meeting chair. Unless specially empowered by state
statute the entire Township Committee is the “appointing
authority”.
Borough Form of Government
Is headed by an independently elected Mayor. The
Mayor nominates and, with advice and consent of the
Council, appoints all subordinate officers of the borough
unless otherwise prescribed specifically by law.
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Forms & Types of NJ Local Government
Traditional Form
Town Form Government
Is headed by a Mayor with limited appointment power.
With the exception of Municipal Clerk, Tax Collector
and Tax Assessor, the Council appoints all subordinate
officials.
City Form
Is headed by a Mayor with limited appointment power.
The Mayor can appoint the Police Chief and can
appoint, suspend or remove all employees of the Police
Department. The Council shall have the power to
appoint all subordinate officials.
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Forms & Types of NJ Local Government
Traditional Form
Village Form Government
Is Anyone Here From Loch Arbor?
Governed by Five Trustees
Villages Incorporated after 1/1/90 Conform to the
Township Form of Government
Note: Three other municipalities retain the use of
“Village” in their name, but utilize a different “type” for
governance:
Ridgefield Park (Walsh Act Type)
Ridgewood (Faulkner Act Council-Manager charter)
South Orange (Township of South Organge Village)
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Forms & Types of NJ Local Government
Modern Form
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Enacted to “Modernize” Local Government during the
Progressive Era (1890’s to 1920’s)
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1911 Walsh Act/Commission
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1923 Municipal Manager Act
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Towns governed by the Commission Form have a three or five
member Commission. The Commission on a whole appoint the
municipal clerk, court clerk and municipal judge. All other
functions, including appointments, are divided amongst
commissioners who each head a department.
Manager is chief executive and administrative official of the
municipality. Prepares budget. Manager appoints and removes
department heads. Attends Council meetings with voice, but no
vote. Manager appoints and removes department heads.
Both forms are characterized by having “weak” mayors
and non-partisan legislative bodies
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Forms & Types of NJ Local Government
Faulkner Act/Optional Municipal Charter Law
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Adopted in 1950 and Revised in 1981
21% of NJ Municipalities Use This Form
Emphasizes Strong Executive &
Professional Management
Initiative, Referendum & Recall
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Educator Yourself
Forms & Types of NJ Local Government
Faulkner Act/Optional Municipal Charter Law
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The mayor-council plan gives the mayor
strong powers. Each municipality under this
plan establishes three to ten executive
departments, each headed by a director
appointed by the mayor with the consent of the
council. It provides for a business administrator
to assist the mayor.
The council-manager plan places complete
responsibility for municipal affairs in the
council. The council appoints a municipal
manager who is the chief executive with broad
authority.
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Educator Yourself
Forms & Types of NJ Local Government
Faulkner Act/Optional Municipal Charter Law
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The small municipality plan can be adopted
by communities with a population of fewer than
12,000. All legislative powers are vested in the
council with the mayor presiding over council
sessions and having both voice and vote.
The mayor-council-administrator system is
basically the borough form with an appointed
professional administrator added.
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Educator Yourself
Forms & Types of NJ Local Government
Non-Standard Form
Special Charters
– There are two types of special charters in New
Jersey:
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1) "Orphan" charters issued by the state legislature in the
19th century prior to the major constitutional revision of
1875, which prohibited "special" or locality specific
legislation. Most "orphan" charters are a variation of the
weak mayor-council type.
2) Special charters issued by the state legislature under the
provisions of the state Constitution of 1947 and NJSA 1:610 et seq. These special charters defy simple classification,
and include variations of the weak mayor-council form,
council-manager form, township committee form, and the
village form.
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What Form and Type of Local Government
do you work for?
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Remember…
That individual elected officials
have no power to direct,
change or adopt policy. Only
Governing Body, acting as a
“Whole”, can do so.
Ralph Blakeslee - RGB
Consulting, LLC
Know the Rules
•
•
•
Personnel Policies
One of the most valuable
tools to maintain order
Should be adopted by
ordinance or resolution
(if by resolution, then
annually at
reorganization)
Should cover all
employees, full and part
time
Ralph Blakeslee - RGB
Consulting, LLC
Personnel Policies
True or False?
Personnel Policies Cover Elected
Officials
Its True….
Ralph Blakeslee - RGB
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How to Deal with Elected &
Appointed Officials
Ralph’s Golden
Guidelines
First…
You must education them
Second…
You must communicate with them
Last…
You must participate in governing
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First educate yourself….
…Then you can teach others
Ralph Blakeslee
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Educate Yourself
Controlling Statutes, Procedures & Rules
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New Jersey Statutes
Annotated
New Jersey
Administrative Code
Local Administrative
Codes
By-Laws & Personnel
Policies
Roberts Rule of Order
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Educate Them
Ralph’s “Piano Player” Law
I am just a piano player.
You give me the music, and
I play. However my job is
just not to play the music. I
advise you about the
venue, the audience,
whether the piano is out of
tune and whether or not
“Piano Player” by Karl
Skaret
YOU CAN SING
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Educate Them About…
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The Parameters of Your Job Responsibilities
Your Staff’s Roles & Responsibilities
The Work Processes in Your Office
The Conditions of Your Office
The Level of Work in Your Office
Issues You Face
Their authority…they are elected not to run the
town, but to see that the town is run…
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Communicate with Them
One of the basic causes for all the
trouble in the world today is that people
talk too much and think too little. They
act impulsively without thinking. I
always try to think before I talk.
Margaret Chase Smith
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Communications with Elected & Public Officials
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Choosing when
and how to
communicate
with elected and
public officials
may be one of
the most critical
decisions of your
career.
Please note, I did not state whether to
communicate, but when and how.
Communication is never a bad thing, unless it is
badly managed.
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Communication with Elected & Public
Officials
Two Rules and Six Tips
First the Two Rules….
• Know your subject. The better you know your subject,
the easier it is to write
• Know your audience. Remember the your audience does
not have the same level of technical knowledge that you
do. You will, in all likelihood have to “tee them up” so
they understand the point of your communication.
Remember you are writing for your audience, not
yourself!
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Communication with Elected & Public Officials
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Memo Writing Tips
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5.
6.
Begin with one grain of sand. What is the one single idea
that you want to communicate…
Give the who, what, when, where, and why. Make sure the
reader is fully informed of the circumstances around that
single idea
Adopt a plain writing style. Clearly state your purpose, use
bullet points or lists, use headings and avoid jargon
Keep it short. KISS it….Keep it short silly. Avoid run on
sentences and long paragraphs
Be active. Use the active voice: We will conduct the
inspections early next month, NOT, Early next month we will
conduct the inspections
Cut unneeded words and prune windy phrases No one will
be impressed if you use “ascertain” as opposed to “find out”
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Communication with Elected & Public Officials
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Top Ten Rules for Email Netiquette
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Write a meaningful subject line.
Keep the message focused and readable.
Avoid attachments.
Identify yourself clearly.
Be kind -- don't flame.
Don't assume privacy.
Proofread.
Distinguish between formal and informal
situations.
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Respond Promptly.
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Show Respect and Restraint.
Question: Are Emails A Public Document?
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Communication with Elected & Public Officials
Oral
Presentation
s
1.
2.
3.
4.
5.
6.
Know Your Audience
Know Your Material
Know the Time Limit
Prepare a Short Script
Use Proper Visual Aids
Provide Handouts at the
Proper Time
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7. Rehearse
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Communication with Elected & Public Officials
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Your worst
public
meeting
experience
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Communication with Elected & Public Officials
General Components of an Agenda
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Open public meetings act statement.
Flag salute, moment of silence, roll call
Public Comment Period – Now Required
Correspondence
Action to be taken
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Motions
Resolutions
Ordinance Introductions
Ordinance Public Hearing & Adoptions
Reports
Payment of Bills
Executive Session
Adjournment
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Communication with Elected & Public Officials
The Differences between Motions, Resolutions & Ordinances
• A Motion is the weakest form of action a
government body can take
• It is not reduced to writing before being voted on
• It does not carry the weight of law
• It can authorize an action, on a limited basis
– Authorize suspension of parking regulations for
Annual Street fair
• It can be used to give direction to an official or
employee
– Authorize the Borough Attorney to send a letter to the
school board
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Communication with Elected & Public Officials
The Differences between Motions, Resolutions & Ordinances
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A Resolution is more formal then a motion
It is reduced to writing before being voted on
It does not carry the weight of law
It can authorize more formal actions
– Award a contract for a new Construction Department computer
system
• It can give direction to an official or employee
– Authorize Borough Administrator to apply for a grant
• It can be a formal expression of the governing body’s
sentiment
– Stating formal opposition to the Highlands Act
• Typically “lives” only as long as the governing body that
adopted is in power
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Communication with Elected & Public Officials
The Differences between Motions, Resolutions & Ordinances
• An Ordinance is the most formal action a
governing body can adopt
• It is reduced to writing before being voted on
• Does carry the weight of law
• Must be acted on over two meetings –
Introduction & Public Hearing/Adoption
• Must be advertised in the municipalities
newspaper of record
• Can authorize formal actions
• Can give direction to an official or employee
• Is “alive” until repealed or amended
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Methods of Communicating with
Elected & Appointed Officials
• How to tell someone they are
wrong…Maybe….
Working Group Breakout
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Methods of Communicating with Elected
& Appointed Officials
Problem #1
Your borough clerk calls you with a problem. She has been
getting complaints from numerous residents about the
condition of a property in town. Pealing paint, broken
gutters and an old, broken down, un-registered vehicle
on the lawn are some of the conditions that have been
reported to her. Now she knows you really don’t handle
property maintenance issues, but she asks if you can go
over and at the least, take a look at the property. It is a
small town, with an ancient and ambiguous property
maintenance code. How do you respond?
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Methods of Communicating with Elected
& Appointed Officials
Problem #2
Your municipality is about to undertake a huge renovation
of its town park, including re-roofing the picnic pavilion,
upgrading the plumbing and electrical systems in the day
camp building as well as refurbishing all of the playing
fields. The towns elected and appointed officials all
worked very hard on obtaining grants from Green Acres
and other groups to fund the project. Construction
started with a big “silver shovel” event that included the
mayor, stated elected officials and town staff. There is
one problem….no one ever thought about permits. How
do you approach the mayor and town administrator?
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Methods of Communicating with Elected
& Appointed Officials
Problem #3
You receive a complaint that extensive work has been
undertaken at a rental home with out permits. The
complaint is the president of a neighborhood
improvement organization who is very well known in your
municipality. You arrange to inspect the property and
find that indeed, significant work has been done and no
permits have been issued. You return to your office and
discover that the building is owned by the Mayor. How
do you handle the situation?
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Methods of Communicating with Elected
& Appointed Officials
Problem #4
After much hard work your municipality has finally “inked” a
deal with a newly formed non-profit group to building
badly needed affordable housing. The town has been
under the watchful eye of COAH and this new
arrangement will prevent Tollnanian Sisters, a mega
builder, from implementing a “builders remedy”
development forever changing the town. The non-profit
group has no previous building experience and have
approached you for technical help. How do you
respond?
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Participate in the Governance
• Tell me and I forget. Show me and I
remember. Involve me and I understand.
– "Chinese proverb"
• Participating in the governance of your
municipality is about building relationships
based on trust and integrity, in other words
its all about…
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Teamwork
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Participate in Governance by
Building Trust
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How to Build Trust Amongst Staff &
Governing Body Members
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Do not make promises that are hard to keep
Follow through on commitments
Be honest, but respectful
Do not “end run” supervisors
Exercise discretion
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Participate in Governance by
Assisting with Policy
Development
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Seek out opportunities to develop policy
Alert Elected & Appointed Officials on
Potential Issues
Be and agent of change
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Ethical Issues
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What is a “Whistle Blower”?
– A whistleblower is an informant, most often
an employee, who reports employer
misconduct. In order to encourage
disclosure, many federal and state statutes
prohibit employers from retaliating against
an employee who files reports. In the
environmental law context, whistleblowers
play a significant role in reporting
environmental violations by their employers.
www.endangeredlaws.org/resourceguideglossary.htm
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Ethical Issues
• I Ask You:
Is Whistle Blowing
Worth It?
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Adversarial Issues
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Dealing with
Adversarial
Situations
– Be sure of your facts
– Listen, Listen, Listen
– Seek to educate, not
to humiliate
– Document,
Document, Document
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Conclusion….
What would you tell a new Construction Code
Official, Sub-Code or Technical Assistant
about…
Dealing with Elected and Appointed
Officials…?
1. You must educate them
2. You must communicate with them
3. You must participate in governing with
them
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Conclusion….
The End
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