You Can’t Afford to Leave Your Lobbyist Out of the Plan

By: Fred Dombo, Nossaman LLP

Last week’s jobs report is the latest in a series of economic developments that will keep “affordability” at the center of attention in the run up to the midterm elections this November. How public officials react to that in their capacity as candidates will be key to driving news cycles, and to the way in which consumers of services and goods react to their providers. The potential for some level of crisis at this time is high, and Government Affairs should be at the table with legal and communications when you formulate a response.

The role of Government Affairs in crisis response is to focus on local, state and federal official stakeholders; regulators (particularly those not identified by the Chief Legal Officer); government agency communications (including those not prioritized by the Chief Communications Officer). Government Affairs should help determine the short, medium, and long-term policy ramifications of the crisis and proposed responses to it. They need to be part of the answer to the following questions. Who in government needs to hear from us first and how do we maintain credibility with them? Which agencies are likely to investigate? Which elected officials will face constituent pressure? What regulatory actions could result?

The role of Government Affairs in crisis assessment is to employ pre planned outreach protocols for regulators and elected officials. Their objective is to maintain or try to establish credibility at least with respect to handling the crisis. To do so they must demonstrate cooperation and prevent surprises. The goals here include preempting media in announcing significant facts to these stakeholders, especially if the news is negative. They must be aware of disclosure obligations and relationships that require advance notice. Government Affairs will combat misinformation coming from public officials as well as it flowing to them. If effective Government Affairs will be in the role of helping elected Officials manage constituent pressure.

In a crisis, there is just one set of facts, but communications must be tailored for different audiences. The Chief Legal Officer and Chief Communications officer must work from the same verified and agreed upon set of facts with Government Affairs. However, the messages must also be tailored for the identified stakeholder groups.

Consistency builds credibility, reduces legal risk, and improves crisis outcomes. So, the enterprise must never say conflicting things to regulators, the media and elected officials. At a time like that, you cannot afford to leave out the people to whom you have entrusted your relationships with local, state, and federal officials and regulators.

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Fred Dombo serves as chair of Nossaman's Government Relations & Regulation Group. He combines experience as an aide to Members of the U.S. House of Representatives Committees on Appropriations and

Energy & Commerce with 25 years of private practice to provide clients with cost-effective advice on the legal and political implications of their government relations activities. Fred advises clients on local, state and federal pay-to-play, campaign and lobby laws, gift rules, ethics compliance and investigations. His practice includes counsel to nonprofit advocacy organizations with respect to their general operations, as well as their compliance requirements with Internal Revenue Service regulations and the Foreign Corrupt Practices Act. Fred also serves as a lobbyist for private and public sector clients on authorization and appropriations issues. He speaks widely on ethics and election law reform issues