Remember the scene in Young Frankenstein when the villagers were running through the streets of a village in Bavaria with pitchforks and torches looking for the monster?
Well, that is what your representatives in Madison, Milwaukee and Washington imagine when they are bombarded with calls from their constituents regarding a piece of legislation or a new statute.
When that happens, to quote Steven Baas, the Metropolitan Milwaukee Association of Commerce’s lobbyist and director of governmental affairs, the politicians feel as if the people are, “outside their windows mobilizing with pitchforks and torches,” ready to storm their offices.
In recent months, a band of small and large businesses have let their representatives in Madison and Milwaukee know that they are not happy with proposed pieces of legislation that would further encumber their ability to conduct their businesses. Unless we as businesspeople lobby for the attention of our representatives, they will proceed believing that we endorse what they are doing.
In today’s turbulent business climate, any change which further restricts our ability to control our operating environment will negatively impact our ability to maintain and expand our businesses.
They say that small businesses create 80 percent of the new jobs and yet we tend to have a small voice in what goes on behind the doors of our legislators and representatives. This is the year we need to raise our voices, just as we did about the proposed Milwaukee paid sick leave act, which would have cost jobs and had other negative impacts on our ability to compete with companies outside of our state.
No matter your political affiliation, the small business community must raise its voices and get involved in the political process. The future of our state and its fiscal viability are at stake in the gubernatorial, state Senate and Assembly races this fall.
As small business people we need a fiscal climate that is positive for job creation and investment. How do we attract new businesses to our state who are potential customers, unless there is a positive business climate, one that provides tax incentives, training subsidies and other financial incentives that aid in expansion and job creation?
So how do we as small businesses go about affecting change in our state and our community? First, we need to band together in professional groups such as community chambers, industry associations or statewide business groups. Coordinating a letter writing campaign through these groups has a significant impact on our representatives.
Second, contribute to organizations that would lobby on our behalf in Madison, Washington and in Milwaukee. The MMAC has annual trips to Washington D.C. to lobby our senators and congressman regarding key initiatives. They also sponsor a meeting in Milwaukee where they invite representatives from Madison to attend and mingle with the business community. It’s time to get out of the bleachers and join the team on the field if you want real change in our state.
In my Legal, Political and Ethical Foundations of Business class at DeVry University, my students, many of whom are small business people, learn that they can affect change in a number ways. If there is proposed regulation on the federal level that you as a business owner feel strongly about, whether pro or con, there are six ways for you to act to influence the pending regulation that is being proposed by a federal agency.
You can claim in a letter to the agency that the proposed rule is arbitrary, capricious, an abuse of discretion, or in violation of some other law. This will require the agency to show evidence to support the proposed rule.
You can claim the proposed regulation is unsupported by substantial evidence or fails the substantial evidence rule.
A regulation can be set aside if they did not comply with the APA (Administrative Procedures Act), which requires notice, publication and public comment or input.
You can claim the regulation is unconstitutional. This means the proposed rule has imposed some discriminatory requirements for licensing professionals.
You can claim the regulation is “ultra vires” or beyond its powers. This means the agency is trying to impose rules that it has no authority over.
You can claim the proposed legislation does not serve the public policy interests of the country/ state/ county/ city, etc. But this is a political challenge, rather than a legal challenge.
If you chose to elect one of the above options, you may need the assistance of a law firm that specializes in this type of law and litigation. Challenges to regulations which can be perceived as anti-business can be accomplished unilaterally or with a business group or organization leading the charge.
As business owners, we need to band together to effectuate change in our state and not sit by and complain about an outcome that we could have influenced and did not. Let your voices be heard, it is time we sing from the same sheet music and with the same goal, a more business friendly community.
