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"I'm From the Government, and I'm Here to Help."
Nothing like a government bureaucracy to suck the life out of your entrepreneurial spirit, right? Like it or not, doing business means interacting with a host of government agencies, in areas ranging from land use and environmental compliance, to issuance of building permits and business licenses, to administration of building and fire codes, to obtaining water and sewer service, to complying with local sign ordinances, just to name a few. Since you can't fight or avoid city hall, don't try. Here are some common-sense tips on working with government agencies:
- Respect the Rules. Bureaucracies may seem like entities unto themselves, but they're really made up of people trying to do a job. They have rules and procedures to follow, and in most cases the law requires the rules. Ask agencies to provide their written policies, regulations and ordinances to you in advance, and follow them. At any given time, you probably are one of several or even hundreds going through the agency's process. You may believe your case is special; they probably wouldn't agree. Don't demand special treatment. Be patient with the people and the process, which invariably takes longer than those in private industry think it should.
- Be Diligent. At the same time you're respecting the process, be diligent about pursuing your cause. Give the agency a reasonable amount of time to respond, and then call back if you don't hear anything. Don't let your request be the one that "falls through the cracks."
- Identify the Decision-Makers. If you intend to be in business for the long run, improve your chances of efficient handling by government agencies by finding out who the decision-makers are. Build good relationships with them. Join the Chamber of Commerce or the Rotary, if that's where they are. Volunteer for government boards or committees. You may not receive preferential treatment, but you will know who to call to efficiently remove any snags along the way.
- Involve the Decision-Makers. By their nature, government agencies are not supportive of business: You want to move forward; they want to hold you back. Promote your perspective by inviting government officials to participate in pro-business activities. Invite them to meetings of the Rotary or Downtown Association. Give them tours of your facilities. Create opportunities to discuss how business and government can work better together.
- Handle Disputes Carefully. If you have a problem, you may get short-term results but won't help your future relationship with the agency by suing, or disparaging public officials in the press. Use your contacts within the agency to help you resolve problems. If necessary, mediate disputes, so they can be resolved outside the public eye.
- Sue if You Have To. Government officials are entitled to impose reasonable standards, but not arbitrary ones. If you feel you've been treated unfairly, bring legal action. Most government agencies are very sensitive about their public image, and will move quickly to avoid lawsuits and bad press that invite public scrutiny. If you have done everything possible but you're still lost in a bureaucratic maze, litigation may be the last resort for getting results.
This article is intended to inform the reader of general legal principles applicable to the subject area. It is not intended to provide legal advice regarding specific problems or circumstances. Readers should consult with competent counsel with regard to specific situations.
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