Community Involvment (11-15-09)

Community Involvement (film), ICMA/Brownfields 11/15/09

This persentation emphazies the importance of community involvement (earlier the better) and how it is he key to a successful project.

Mentioned types of (Charrettes and commuity outreach to organizations.).

"Conflict" is the natural part of the process, and what can be worked out.

IMCA/Brownsfields: Community Involvement.

The presentation emphasized the importance of "listening to everyone" whether you agree or not.

Use the "Vision" of the community to guide discussion. Should involve as much of the process as necessary

This presentation had some important points to reinforce and it is especially timely for me.

TCMA: "Modern Design and Construcion in Tennessee

Tennessee City Managers Association, October 28, 2009, "Modern Design and Construction in Tennessee governments"

This was a presentation by a law firm that specialized in construction management and contracts. The session reviewed reducing and managing "risk exposure" such as improper design, faulty consultants, delays, bodily injury and other risks and dangers in construction management.

This was a valuable session, since I have never attended a session that went into this valuable subject. Some thoughts:

Project phases include Project Planning; Design, Bidding, Construction and Inspection. The City is a participant in every phase.

They emphasized importance of being an "Active Owner" and being involved in all phases of the project. The "Active Owner" leads the project, the Passive Owner allows consultants etc. to take over the project and does not maintain control of the project. The Passive Owner focuses on project costs rather than value.

Some thoughts that I noted for future reference include:

-Insurance-make sure getting what paid paid for.

-Professional Liability Insurance: Generally limits are too low, need coverage over over all phases of the project and generally there are limited defense costs

-Builders Risk Insurance: Owner should purchase this, since this is a profit center for the contractor and, if the City purchases it, it insures it is adequate. Get "All Risk" policy

-Commercial General Liability: Injury, property damage etc., have coverage for at least the duration of the contract.

- of Care" Assume necessary for professional services

-For all contracts etc.(including consultants etc.), avoid using the "standard form"-it tends to favor the consultant etc. Especially watch for "waivers". Standard

Especially negotiate: Scope of Work definition; Change Order provisions and the scheduling provisions.

This was a very valuable session, especially since I need to improve in contract/project administration and this definitely provides infomation an this.

WHAT IS SUSTAINABILITY

Sustainability is a word which is frequently used, but what does it mean when it comes to cities? One of the goals identified by the City of Lakeland is to be a "Sustainable City" and Shelby County has a program on "sustainability".

I recently read a definition of Sustainability that I feel communicates the meaning well. (It is from a document by the City of Alexander, Virginia):

"A Sustainability Community is an environmentally, economically, and socially healthy place people can live, work, and play for decades to come.

ECOLOGICAL SUSTAINABILITY: Ensures that all parts of the natural and built environments work together as a single ecological system.

ECONOMIC SUSTAINABILITY: Ensures a healthy economy that supports and sustains people and the environment in which they live over the long term.

SOCIAL SUSTAINABILITY: Ensures that a community meets residents' basic needs and has the resiliency to prevent and/or address problems in the future."

Pandemics

“IS YOUR BUSINESS READY FOR A SWINE FLU PANDEMIC”. Seminar by Ford & Harrison, September 29, 2009.

This was a briefing on steps to take as a precaution for swine flu or any type of emergency.

One of the key thoughts I learned was that the employer (or anyone in any official capacity as supervisor etc.) etc. should ever give a reason why someone is out of the office due to illness. Since the employer also has an obligation to advise personnel about possible risks in the workplace, this can pose a dilemma.

Also, I learned that a “Pandemic” means only that it is global in nature, not whether or not it is serious.

Since Workplaces are a “point of spread” for flu etc., precautions are important.

Some possible strategies mentioned to contain the flu are:

-Isolation
-Quarantine
-Social Distancing
-Closing places of assembly
-“Snow days”/week
-Furloughs
-Changes in movement patterns.


Some Workplace Mitigation Measures also are:

-Sick employees stay home
-Employees with sick family member staty home
-Sent symptomatic employees home
-Encourage respiratory etiquette
-Encourage good hand hygiene
-Increased cleaning of common areas
-Encourage vaccinations and calls to Dr. as soon as possible if have flue symptoms

WHAT SHOULD WE (COMPANY, CITY) BE DOING?

1. Have a Business Continuity Plan (we are developing one)

2. Identify critical functions and whom is needed to support them

3. Assess ability to support telework/staggered shifts.

4. Create HR policies to be used during a pandemic

5. Evaluate your ability to assess your facility during a pandemic l

6. Consider alternative work facilities

7. Identify critical suppliers and their readiness to support during a pandemic.

8. Identify key government partner

9. Have a succession and crisis response plan

10. Educate employees.


Create “Pandemic Team” to act to establish an (1): Employee and (2) develop protocol for warning employees

ESSEN ITAL:

Determine Essential employees, what is critical for the business to operate, critical partners and suppliers and essential technology needs.

COMPANY POLICIES AFFECTED

-Absenteeism

-Sick leave

-Wage payment

-Medical Leave

-Benefits

-Bereavement

Educate employees on the signs of infection, how transmitted, sanitation and city policy.

POTENTIAL LEGAL ISSUES

-ADA,

TOSHA, (workplace free from “recognized hazards”O)O

FLSA-Working from home issues

FAQ’s

-While personnel should be advised of possible swine flu etc., actual employee is not to be identified.

-Employer can ask questions to determine if employee is able to work or should work due to possibility of infection.

Helpful resources:

-www.cdc.gov; www.who.int/en/; www.health.state.tn/usH1N1.htm; www.osha.gov/dsg/topices/pandemicflu/index.html

www.flu.gov

Leadership 101

LEADERSHIP 101: ICMA Conference, September 16, 2009 (Brain Bosshardt and Michele Flaherty)

While this was a good basic review of "leadership", it also provided me with some good ideas and some thoughts on actions I could take.


CULTURE OF LEADERSHIP:

-Leadership (about PEOPLE): Deals with uncertainly and effusiveness; defines problems, asks questions, creates values-generally long term

-Management ( about THINGS): Deals with complexity, efficiency, programs, systems and processes; solves problems, answers questions, adheres to values, gets things done, generally short term

(this helps answer this question, which always comes up, what is the difference between a leader and a manager!)

A Culture of Leadership
-Fosters collaboration
-Being your own Authority
-Difference between making a life and making a living.

Leadership Skills:

I. Initiative (JUST DO IT!):

-Don't bring problems, bring solutions
-Take more risks
-Learn from mistakes, evaluate and plan next time

A. Stop being an Obstructionist

-Don't "already know it won't work"

B. Speak Possibility

="how can we make this happen"

- "stop venting, lets do something about it"

C. Circle of Influence"-FOCUS ON WHAT YOU CONTROL, NOT WHAT YOU DON'T CONTROL"

D. Empower others to initiate

-Push decision -making to the lowest informed level

s -Delegate, Delegate, Delegate

-Good manager delegates technical work to invest time in becoming a better leader

II: Trustworthiness and Credibility (keep promises, underpromise and overdeleiver)

-Honesty is the #1 Leadership trait

-Walk your talk-model desired behavior, ask for feedback

Questions include: "How can I better support you" and "What else would you like from me?" "How can I be a better _______"

III. Shared values: Alignment with vision/values of your boss, organization and self

-Vision: Everyone pulling in the same direction

-Values: Acting in accordance with our principles

QUESTIONS: In order to become a better ________

1. What would you like me to start doing or do more of?

2. What would you like me to Stop doing or do less of?

3. What would you like me to Keep doing?

The handout also included some detailed information on developing a culture of leadership and, especially, delegation. I probably won't have time to review this in any detail, but I will discuss it with my Assistant and see if she and I can prepare some action items on developing a better culture of leadership in our community.

Effective Public Meetings

CONDUCTING EFFECTIVE PUBLIC MEETINGS Nan Stager and John Krauss, National League of Cities, June 29, 2009)

This seminar emphasizes the role of public input in the decision making process.

One of the keys is to address the problems early in the process. The public is more likely to take psychological ownership in the decision and is more likely to comply with it. Public input processes educate the public about the complexities of the issues and give the public a real voice in decision making.

I: Story Boarding technique for Public Input

A. Participants respond to a question raised by a facilitator by writing their response and then posting it for all to see

B. Responses are then grouped by theme (Benefits are it enables persons to quickly express concerns in an anonymous manner, gets a lot of opinions out in a short time period, gives a "snapshot" of opinions and provides the means to provide an agenda, address concerns and develop options.)

II. Interest Based Negotiation

-Separate people from the problem (Avoid emotional attachments, personal issues with problem etc.)

-Focus on Interests, not positions (Position is what you have decided on, Interest is what caused you to do decide): Interests on both sides are often compatible-for every interest, there exists more than one option to satisfy it.

-Generate options for mutual gain. (Generate multiple options, think outside the box, LOOK FOR MUTUAL GAIN, invent ways to make their decision easy, help the other side save face)

-Insist on Objective Criteria-an independent standard-(Differences should be settled on principle, not pressure; objective criteria applies to both sides; parties should agree on relevant objective criteria and how to get it

III: Know your "Best Alternative to a Negotiated Agreement" (BATNA)

-Basically there is usually more than one alternative to a negotiated agreement-choose the best one

-Judge every alternative against the BATNA

Thoughts on "breaking the positional bargaining cycle"

-Treat positions as possible options

-Don't get defensive, ask for criticism

-Recast personal attacks as attacks on the problem

-Focus on future, not on the past

-Don't react, counteract


FRAMING THE ISSUE:

Framing the issue involves stating an issue in a way that both identifies what is at issue and what reflects most concerns and interests with the issue

-Goal of Framing: Create a common definition of the problem acceptable to all

FRAMING PROCEDURE:

1. Identify the parties common interests

2. Put the issue and interest in the form of a question (such as "what options are there", or "how can we"

3. If parties still argue, go back and re-frame the issue again


RULES OF FRAMING

1. One issue at a time

2. Neutrally-no one should feel blames

3. Mutually-Both/all parties should feel it is an issue they want or need to resolve

4. Short-use as few words as possible

5. Future orientation

6. Frame in terms of getting to resolution-HOW parties will resolve the issue

7. Frame the issue, don't solve it.

Thoughts on Framing Issues:

-Rule of "most obnoxious option" -Write down an option (usually the first will be the most obnoxious) and say "are there any other options?"

TPMA Meeting 7-24-09

Tennessee Personnel Management meeting, 7-24-09 (Educational portion)

Presentation by Tim Bland of Ford and Harrison

-Remember most jury members will be "anti-employer" and pro-employee.

-The "by God, it ain't right rule" will normally prevail, regardless of the law.

CORRECT PROCEDURE (What the Jury expects)

1. Employer tell employee what doing wrong

2. Provide details as to improvement needed

3. Time to improve

MUST give negative feedback when warranted. Fair to both if you give negative feedback early and provide chance to improve

TIMING is important. Some bad times to take negative action is:

-Workers Comp claim (right after claim etc.)

-FLMA (right after request)

-Whistle Blower

COBRA:

-Policy may have to note how many specific hours are required to work each week (Contract with the insurance company is the key)

-If not careful, the EMPLOYER may become the insurer if "Cobra" notice is not provided for employees who fall below the # of hours etc. requirement.

(Note: I checked and this doesn't apply in our case).

AMERICAN WITH DISABILITIES ACT

-No length of service requirement

Definition:

-Physical or mental impairment -substantial limits one or more life activities

-Record of such an impairment

-Being regarded as having an impairment

Have to consider the effect of medicine.

The new ADA law amendments significantly expanded the "Major Life Activity". May be regarded as "disabled" if "more limited" than the average person.

EMPLOYEE FREE CHOICE ACT

(Reviewed the provisions of this act)

Internet and Social Networks

“The Internet and Social Networking in the Workplace”. (Ford & Harrison Seminar, June 23, 2009) (Timothy Bland)

Recent court case, “Gross vs. FBL Financial Services Inc.”-Age discrimination harder to proved discrimination. Age “but for” consideration. (Action would/not have been taken “but for” age as only consideration.)

One problem with this area is that there hasn’t been many Court Cases, law etc. in this area.

-Use of Internet search to research applicants (pre-hire screening”.

-May learn information shouldn’t consider for hiring (gender, race, national origin, etc.)

-Information may be incorrect

-May not be job related information (may include children, disability, age etc.)

-May be invasion of privacy? (not if public website)

-Watch for violation of the Fair Credit Reporting Act, Federal Computer Fraud and Abuse Act, fake “MySpace, Facebook” pages.

-EEOC guidelines for screening tests are each test must be “relevant” to the job being filled. Also, compare with questions you would ask in an interview, make sure doesn’t violate what you can ask.

-Procedures for using internet for screening:

-Create specific Procedures and Policies

-Read the terms of use of the sites that will be used and make sure use is appropriate

-Be consistent, document.

-Use social networking sites as late in the hiring process as possible.

-Consider notice to applicants

Use of Internet Screening for existing personnel

-Give “fair warning” if monitoring.

-“Electronic Communicatoins Privacy Act”

-Sign for personnel handbook

Make sure employees do not create a “negative workplace” (comments about other employees, sexual comments etc.)

Possible claims by employees for monitoring:

-Whistleblowing/retaliation

-Wrongful termination

-Violation of NLRA

-Discrimination (unequal treatment)

-Harrassment

-Protected Political speech (some states)

Reducing your risk (of employees using social networking pages, blogs etc.:

-Written Policy, disseminated, acknowledged

-Disclaimer (personal views)

-No confidential or trade secret information

-Don’t defame or disparage

-Offensive behavior policy applies on-line

Caution in discipline

-Treat everyone the same

-Beware of protected activity

Require employee agree to access of social networking pages

Require applicants to disclose any social networking pages

Overall, an excellent overview of a developing problem

Tennessee City Managers Conference, April 2009

Tennessee City Managers Conference, April 22, 2009, Murfreesboro, TN


“City Managers and News Media”

This session primarily related to the change in news media and how this changes the way City Managers will relate to news media.

Traditional (physical) newspapers will disappear in ten years, what does this mean?

-Decentralized news media, shorter (continual) deadlines

Definition of what is “News” is what impacts, how it affects consumers of news media

IMPACT, can be good or bad

Reporter is YOUR (City Managers) link to the residents. Talk as if talking to residents.

Remember-the reporter is not your “friend”.

Important thoughts:

1. Make sure of rules of interviews etc.

2. Press Release is to get interest, not the story

3. Press Conference. Don’t have unless BIG story

4. Don’t assume the reporter understands the story or the City (Help all you can)

5. Never ask to “pre-approve” story. Might ask if review of difficult, factual matters etc.

6. NEVER, go “off the record”. No such thing. Can be “not for attribution” get agreement on how will be references.

TIPS for interviews:

-Never assume

-Can always answer just yes or no. don’t babble to fill space

-Don’t answer needling question (rephrase?)

-Don’t answer question you don’t understand, multiple questions and don’t feel need to answer question without checking.

Melissa Peterson: (Giving effective News interview)

1. Prepare: Keep it simple, stick to message

a. Don’t speak off the cuff

b. Write down the main points

2. Take time to get thoughts together

3. Rehearse, practice, rehearse

4. Stick to facts -Don’t digress on what you don’t know.

TV: Don’t fidget, stay focused on questions etc.

Key points: Write down 2 or 3 major points, stick to it.

If negative questions, use positive response (don’t reward a negative question)

Avoid technical jargon, keep simple.

Take time/give time to write down responses

When answer question, stop talking, don’t feel need to use “empty space”.

Have someone with you, especially if complex or controversial

All comments to Reporter are fair game

Mike Pirtle, Murfreesboro Post

Might request quotes be reviewed in writing for accuracy?

-New Publishers, Bloggers etc.: No standards, no accountability, may not observe good conduct or even be attempt to be accurate

“Things need to know”

1. Transparently is good-More info the better for resident to make decision

2. Never hesitate to provide info to news media

3. Be first to tell bad news, immediately bringing it up.

4. Wait to comment on story (not while you are made etc.)
-Pick your battles
5. Keep sense of humor
6. “Newbie’s” will always be with you

7. Keep big picture in mind, say what you want and then shut up.

8 Personal level relationship is good, has a level of trust

While I am familiar with these points, these sessions did emphasize the “times are changing”, especially the change to continual deadlines, and the nature of the news media is probably the most dramatic change since the advent of television. This will change our relationship with our residents since the method they receive their news has/will change and it will change the way we communicate. Already, the City is using Facebook, Twitter, etc. to communicate directly.

Should Your City Hire a Lobbyist?

Lobbying is a strategy. Providing information etc.

Lobbying frequently is as much to influence administration as to influence legislation

“Build a War Room” to start-Review what you want, strategy, who friends are, who is against etc.

-Then Strategy
-Then implement Strategy
One of the best things the lobbyist can get is information.

Think of what you want before you hire lobbyist. Prefer long-term relationship.

Who are allies? Who is opposition, who will benefit?

What to look for in RFP for lobbyist.

1. Determine issues, goals

2. Look for lobbyist with good experience and background

3. Talk with 2 or 3 firms before decision

4. Take care of as much as possible before start

5. “General Lobbyist”. May have too many other conflicts.

This session was valuable in several aspects. It provided some good ideas on the aspect of lobbying, and also pointed out the type of lobbyist we probably would need if we decided to hire a lobbyist.

Brad Mink, Economic Development in Carrollton, Tax.

This part of the conference concerned “economic development”, including commercial development. Since Lakeland is concerned only with commercial development, not industrial development, this was an especially valuable session.

Do business as a staff. Business matters do not involve politician. (Except at the policy level)

“Advertising” doesn’t work-a waste of money. Trade shows are a waste of money. “Direct sales” is what works. Direct contact including cold calls.
-Main theme-How your company can make money by locating in my City.

-Frequently starts with Sales Manager

-Build Relationships and maintain them (1 on 1)

-Be Accountable and dependable

Build from within

Self-Audit City:

-Are Ordinances development friendly? (Ask Developers).
-I would also say, ask the residents!

-One person handles each application, responsible for timely process

Inspectors have trailer on site for inspections

Make friends with nearby and other communities (may get referrals)

***Make sure infrastructure is ready for development
***Infrastructure drives development
“Losers say ‘Let developers do it”” (build the infrastructure).
(Note: Lakeland currently follows this procedure and it has been relatively efficient thus far. Perhaps it would be different if Lakeland had a property tax etc.)

Companies are looking for reasons to eliminate which communities to develop in. (Just like job applications, look for reasons to reject so decision is easier)

GOALS:

-Be Realistic, Know what you have

-Make sure Community wants what you want

-KEEP ON REALITY TRACK

Incentives:

-Necessary evil, everyone does it.

-Don’t provide incentives to competitors of local established business

-“Time” is biggest incentive”

The only thing he takes on a business trip is business cards and only takes 15 minutes of their time, unless they ask for more time.

Prospects-look for advantages such as direct flights, ties, distribution etc.

RETAIL DEVELOPMENT:

Look at “what makes the deal”.

Take every employee on tour of city, require participation, and ask for comments

Retail is a major challenge. Usually contact the Director of Real Estate. (Have residents contact the company)

International Trade and Investment

-City sells local products internationally

-Partner with local entity on International Office

-Development of personal relationships is the key

What to look for in Economic Development Professional?

-Creative person

-Background is irrelevant

-Sales person

-Smart Communication Skills

-Intelligent marketing skills (1 on 1 sales)

This session was very valuable to me. It pointed out areas where the “conventional wisdom” may be wrong and just a waste of money. (Spending money on advertising, trade shows, a fancy, costly web site etc,). We may be using our money better by direct contacts and looking at our development procedures, which we are curre

Keep Tennessee Beautiful Conference February 12, 2009

This conference provided some excellent infromation and contacts for various Lakeland programs.

-Edith Hiller (KTnB leader)

-New Litter Law-TCA 39-14-5

Link: www.stoplitter.com; www.ktnb.org, www.preventcigerattelitter.org (ideas for programs etc.)

Escaping loads are 70% of roadside litter!

John Robert Smith (Mayor of Meridan, Ms): Notes from morning session::

-City Building t

-takes VISION and Volunteers

-City Building isn't done in a day (or one term or even one career

_Partnerships are key

-Lead by example

Breakout Session # 1: Shawn Bible (TDOT) & Mayor Smith (Meridan, MS)

Shawn Bible: Consider the costs of not spending on beautifucation or cleanup, not just the costs of doing it.

Tennessee Roadscapes program is a grant program availalbe for roadside beautifcation

Landscape Design Manual, Partnership Grant Program

Mayor Smith:

-Green issues presented as "budget itssues".

=Qualty of Life is a major goal

-"Special Spaces"

-"Living Canvas"

RAndy Fraizer, "Board Leadership" (www.morethanleadership.com and FraizerCommunications, Inc.

-Purpose of Organization: Accomplish what a person can't do alone

-Boards must pay attention to small things befoe they become big problems

-"Don't send a duck to Eagle School"

-Board "lays the track", the Executive Director/Administator "drives the train"

-Woman withour her man is nothing; Woman: Without her, man is nothing

Judge Potter:

During this session, Judge Potter reviewed the "litter law", TCA 39, Chapter 4, Part 5.

His discussion included numerous insights into the Litter Law. I got enthused about building a litter program in Lakeland and will use his information in buildiing this program.

Tried by War, by James M. McPherson

Completed "Tried by War: Abraham Lincoln as Commander in Chief"

General thoughts about the book:

I enjoyed this book and found the focus provided new information that a less focused book may not have.

=Pointed out that General McCellan (the General who was always planning, but never doing), probably had always been successful, so now he hated to take a chance on "losing", so he would just always stall. As I noted before I have had Department Heads like that, but never thought of this as a source for the problem, so in the future I will look at that. I thought of "perfectionism" type behavior, but I never specifically thought of just adverse to risk. I try to encourage risk taking, but perhaps I need to review how I do this when I have a "McCellan" on my staff.

Another general thougth from this book is how the focus of the book emphasizes that Lincoln was, in a sense, a micromanager, but somehow he knew when not to micromanage and when not too. For example, McPherosn mentions how Lincoln actually tested the weapons and it is because of Lincoln that Spencer rifles were ordered for the North. Of course earlier, he menitoned how Lincoln imimersed himself in military techniques to where he presented excellent strategies for battle.

Another theme of the book is the importance of subordinates. If Lincoln had been able to select "action" Generals, the war could have been over much sooner. Perhaps also it emphasizes the importance of the management principle of "a bias for action" being the basis for "Excellence".

Also, Lincoln practiced some other priniciples-"Managment by Walking Around"-he visited the troops frequently and got out and reviwed the actual situation, and maintaining his principles. He never wavered from his basic principle of "preserving the Union", and later, his absolutely commitment to end slavery (in Tried by War, it appears part of this was his promise to the Black troops who fought for the Union.)

The book emphasises that Lincoln, as Commander in Chief, exercised the functions (Policy, National Strategy, Operations and Tactics) of Commander in Chief in a dynamic manner rather than in a static manner.

Reading the book, I was impressed by how some things never change, (opposition to war, "peace at any costs", hardliners etc.). I think considered the fact this was a civil war was a main reason for standing firm (and the fact Lincoln held to his principle of preserving the Union).

As far as how this book affects my approach to my job, I am reminded of the need for qualified subordinates, allowing them to do their job and encourage risks, but remove them if necessary. Another concept was the importance of holding to the basic mission of the organization. Also, I was reminded again that it is important to get out of the office and see what is actually going on (not depend on what you are being told) and also the importance of dynamic rather than static management.