By DONA GERSON and MAXINE LANGE
A common sense guide How to present your proposal SOME political decisions may be made in the legendary smoke-filled rooms, but hundreds of legislative and quasi-judicial decisions are made everyday in people-filled public halls — important decisions about land use, distribution of community development funds, environmental regulations, public transportation and on and on. Individuals, businesses, institutions, social agencies and even governments themselves find that many actions cannot be undertaken without the approval of a specific public committee, board or commission. Whether you are advocating a bike path, seeking to expand a hospital or planning a shopping center, chances are that a written proposal must be prepared and oral arguments presented before one or more public bodies. Process Citizens on these public bodies are neither experts nor randomly selected, but representatives of the community. Their abilities, diligence and preparation may range from very low to very high. They will make decisions in the light of specific standards and rules of procedure. This process is characteristic of the democratic system. Yet the news that a proposal must be approved by the local plan commission or a regional sanitary district or the health facilities planning board often gives rise to doubts about the right approach and understandable concern about the final decision.
Each decisionmaking body of government has its own formal and informal rules, vocabulary and rituals which leave the applicant feeling like an outsider about to enter a foreign country. Formal rules, no matter how carefully written, are never completely self-explanatory. The reasons for established procedures may appear obscure or downright mystifying. And everyone knows that informal rules can be the most important rules of all. The volume of paperwork required may astound the uninitiated. The citizen who needs a zoning variation to add a simple porch onto the house may wilt at the staggering progression of forms, rules and procedures. If you need to take a proposal before the board or committee, commission or agency, the outcome is important. You will, therefore, spend a great deal of time on the matter and try to make the very best case you can. While there are no quick tricks for a favorable decision, thorough planning, careful preparation and sensitive, thoughtful presentation of your proposal can make the crucial difference. Planning Before you can make the system work for you, you'd better know how the system works — who will review your proposal, what will be considered, and how and when the decision will be reached. You can get information from personal observation, citizen groups such as the League of Women Voters, newspapers and especially from the staff of the commission or board considering your proposal. Many boards have a staff who can advise citizens in preparing proposals. To locate this assistance, call the appropriate government and ask for help. For example, if you call village hall and say you have a matter before the planning board, you may be connected with an employee who serves as staff to the planning board. If your nursing home expansion requires the approval of the health facilities planning board, ask for the staff person responsible for nursing home review. As a citizen or petitioner, you have the right to get
DONA P. GERSON
MAXINE LANGE 24/October 1978/Illinois Issues information from staff about board rules and practices. In this era of consumer consciousness, it is surprising that citizens rarely ask for and use the services offered by government. While staff can be enormously helpful, it is the board which will make the policy decision. It's important to know the role of each reviewing body from the start and whether the board will make a recommendation or a final decision. McDonald Corporation's widely discussed petition for expansion of corporate headquarters in Oak Brook was reviewed by the Planning Board and Zoning Board of Appeals. Each board sent its recommendation to the village board which makes the final decision. If your proposal must be reviewed by more than one body before the final decision is made, you must account for this when planning your strategy.
Find out what materials and information the board will use in arriving at a decision and ask to see all of it before you make your presentation. If staff prepares a memorandum or report on the proposal, be sure to ask to see a copy. A village manager appearing before the Metropolitan Sanitary District read from his well-prepared proposal, not realizing that the board had a staff memorandum with a different point of view. If he had seen the staff report, he could have easily clarified discrepancies and saved himself a lot of agony. You'll want to know the sequence of events at board meetings, whether discussion is informal or testimony is taken under oath, and whether the decision is made immediately after the presentation or at another time. If official transcripts or minutes are taken, ask to see a case similar to yours prior to your presentation. It is a public record and you're entitled to see it. Most proposals are measured against written standards and criteria. Study these very carefully and consider how your proposal stacks up. Your preparation and presentation must specify how each of these standards is satisfied. Unless you meet these standards, you'll probably lose your case. Each board balances a variety of legitimate interests. For example, distribution of a limited resource, such as community development funds, may require balancing worthwhile but competing programs. A planning board must consider community goals such as expanding the tax base and maintaining open space, reducing congestion and fostering commercial development. In preparing your proposal be sensitive to the range of interests considered by the board. Preparation Develop a written record as you prepare your proposal. Keep dated copies of all of your correspondence, applications and memos. Prepare the application carefully. Be sure information is accurate and comprehensive. This is crucial. All pertinent information must be clearly expressed. Charts or illustrations may clarify or illuminate. In some communities, you can ask your elected officials, such as aldermen or trustees, for advice on how to present your case. In other communities, this request might be strongly resented. Obviously, this is an area for caution. Solicit support for your case. If it is appropriate, ask community or neighborhood organizations to go on record favoring your position. Make sure you get a written, dated statement to that effect. Consider getting signatures on a petition in the area to be affected. Petition passing gives you an opportunity to garner support, inform others about your proposal, identify opposition and reconsider your strategy. A developer and the City of Evanston learned the hard way not to ignore the need for community support. The city sold a parcel of land to a developer for subsidized housing. The sale involved a considerable city land subsidy. Since the city council had approved the sale, the developer assumed a desired rezoning was assured. But the neighbors and community organization, who had not been consulted, protested strongly and the rezoning was denied. Even a local government cannot take the action of its boards for granted. It's a good idea to practice your presentation before someone who is not familiar with the case, a friend or relative, whose honest response will help you judge the clarity of your proposal. You can iron out kinks and gain confidence before the actual meeting. If the proposal is complex or is coming before a quasi-judicial board such as a county zoning board, a civil service board, or the Illinois Pollution Control Board, it might be wise to retain an attorney to prepare the case. But attorney or not, the person who presents the case before the board should know the case thoroughly and be able to stay cool and calm when questioned and challenged.
Last summer, a major medical center was initially denied a permit by the Illinois Health Facilities Planning Board because the applicant was represented by a staff member who was unfamiliar with the type of questioning and stumbled in his answers to the board. The medical center sent a different person to the next meeting — their chief administrative officer whose experience, ability and, perhaps status, led to a favorable decision. Presentation Arrive early for the meeting and check in with the staff. If there is a written agenda, ask for a copy. The Northeastern Illinois Plan Commission, for example, has the agenda and pertinent reports available to the public before the meeting. Other boards may have this type of material available also. The oral presentation should complement, not repeat, the written application. October 1978/Illinois Issues/25 Don't read written material to the board, but state your strongest points in a fresh, clear way. Support your position with petitions and witnesses when appropriate. Each bit of evidence or witness should add something to your case. Avoid repetition. It's annoying. Be sensitive to the questions and comments of the board. Try to put yourself in each board member's position. What concern or doubts do her/his questions indicate? Your attitude in presenting your case is very important. Treat the board respectfully and assume that they are attempting to act reasonably and responsibly. While this attitude can be very difficult to maintain if you've waited for several hours and are interrupted with questions that seem irrelevant or hostile, it is important and can influence the outcome of your case. Don't be patronizing, condescending, slovenly or slick. It's quickly perceived — and resented. Don't threaten the board with lawsuits and reprisals. They've heard it all before and won't be impressed. Attorneys who address the board should remember they are not in court addressing the bench. A well-reasoned presentation, clear discussion of the issues and response to all questions may be more important than citing court decisions. Answer questions carefully and respectfully even if you don't understand their relevance. If you don't know the answer, tell the board that you will get the information and send it to them. Do this as quickly as possible. If you do not understand a procedure or a question, ask about it. In concluding your presentation, summarize your case succinctly and reiterate your strongest points. Stay until the decision is made. There is a practical as well as psychological value, even if you have to wait several hours or come back another time. If an unresolved question is raised, you are there to resolve it. Also a compromise may be negotiated. Your presence is a powerful statement of your concern in the outcome. If your proposal is rejected, evaluate the decision as honestly as possible. There may be procedures for reconsideration or submission of an amended proposal. Some boards have mechanisms for appeals. Your decision at this point requires weighing the possibility of success against the effort necessary to persevere. 26/October 1978 /Illinois Issues
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