1. www.duanemorris.com ©2009 Duane Morris LLP. All Rights Reserved. Duane Morris is a registered service mark of Duane Morris LLP. Duane Morris – Firm and Affiliate Offices | New York | London | Singapore | Los Angeles | Chicago | Houston | Hanoi | Philadelphia | San Diego | San Francisco | Baltimore | Boston | Washington, D.C. Las Vegas | Atlanta | Miami | Pittsburgh | Newark | Boca Raton | Wilmington | Cherry Hill | Princeton | Lake Tahoe | Ho Chi Minh City | Duane Morris LLP – A Delaware limited liability partnership Effective Grassroots Efforts prepared for the 7 th Annual Pennsylvania SHRM State Leadership Conference * presented by Jonathan A. Segal, Esq. DM2/2085022.2 *No statements made in this seminar or in the written materials should be construed as legal advice pertaining to specific factual situations.

2. www.duanemorris.com 1 BACKGROUND

3. www.duanemorris.com 2 Background 1.Standard legislative process in Pennsylvania a.Sponsor introduces the legislation b.Vote by Committee c.Amendments and final vote on floor of chamber d.Passage by first chamber e.Passage by other chamber f.Reconciliation (if differences in bills or versions) g.Action by governor i.Sign into law ii.Veto legislation and send back to General Assembly

4. www.duanemorris.com 3 Background 2.Current political landscape a.Governor (until Jan. 2011) – Democrat i.2010 campaign for Governor very competitive b.House – Democratic majority (104 – 98) c.Senate – Republican majority (30-20)

5. www.duanemorris.com 4 Background 3.Remember: a.As former U.S. House Speaker Tip O’Neill advised: “All politics is local” b.However, one cannot ignore impact of national politics on local politics; local reps may want to: i.Fill a perceived gap (political or policy) ii.Wait to see how national government deals with issue iii.Follow national (or other states) trends

6. www.duanemorris.com 5 WHAT TO DO?

7. www.duanemorris.com 6 What to do? 1.Follow legislation a.Track individual bills b.Look for political and policy trends in PA c.Be mindful of developments in other jurisdictions

8. www.duanemorris.com 7 What to do? 2.Evaluate bills--think critically a.Consider short-term and long-term impact b.Focus on the interests not only of employers but also employees — unintended but foreseeable adverse consequences of legislative action with laudable motivation

9. www.duanemorris.com 8 What to do? 3.Know your Senators and Representatives a.Visit them in the Capitol b.Invite them to meet with you and others c.Develop relationships with their staffers too (too many people ignore this)

10. www.duanemorris.com 9 What to do? 4.Build positive relationships a.Don’t make assumptions based on partisan affiliation b.Don’t burn bridges – coalitions change frequently in the legislative arena c.Make public policy a two-way street – let elected officials know you want to develop a mutually- beneficial, symbiotic relationship by offering yourself, and your company, as a valuable resource for knowledge in your field

11. www.duanemorris.com 10 What to do? 5.Get others involved a.Internal (e.g., CEO) b.External (e.g., trade association) c.Consider hiring your own lobbyist (to focus solely on your company’s concerns, particularly if unique)

12. www.duanemorris.com 11 What to do? 6.Contact me*, please, if you: a.Have concerns about specific bill b.Hear about “non-employment” bill with employment implications c.Become aware of any public hearing d.Become aware of any “compromises” other “advocacy” groups are considering *jsegal@duanemorris.com or (215) 979-1869

13. www.duanemorris.com 12 What to do? 7.Communicate your position to your Senator and Representative a.Consider the impact on her/his district b.Learn and account for her/his interests c.Don’t assume she/he knows the bill or issues d.Explain the bill succinctly e.Be direct with your position, but don’t intimidate f.Give real life examples, if possible

14. www.duanemorris.com 13 What to do? 7.Communicate your position to your Sen/Rep (continued) e.Know the arguments on the other side and be prepared to respond to them f.Give to her/him positive reasons and a “defense” to vote for your position g.Do not attack motives of bill’s proponents h.Be honest — credibility is critical i.Do not lose your temper

15. www.duanemorris.com 14 What to do? 8.Follow-up a.Monitor results b.Thank those who support you c.Communicate respectfully with those who don’t

16. www.duanemorris.com 15 What to do? 9.Keep in mind the importance of timing a.Developing relationships b.Communicating position c.Reaching out to others d.Following-up

17. www.duanemorris.com 16 What to do? 10.Final points a.Legal considerations: discoverability of communications b.Personal considerations: check with your employer before taking public position c.HR considerations: assume your workforce will find out what you say and make sure what you have said is defensible in terms of content and tone

18. www.duanemorris.com ©2009 Duane Morris LLP. All Rights Reserved. Duane Morris is a registered service mark of Duane Morris LLP. Duane Morris – Firm and Affiliate Offices | New York | London | Singapore | Los Angeles | Chicago | Houston | Hanoi | Philadelphia | San Diego | San Francisco | Baltimore | Boston | Washington, D.C. Las Vegas | Atlanta | Miami | Pittsburgh | Newark | Boca Raton | Wilmington | Cherry Hill | Princeton | Lake Tahoe | Ho Chi Minh City | Duane Morris LLP – A Delaware limited liability partnership Thank You!