Anyone can petition a government official, agency, board, department or other part of government. The United States and many state constitutions give the public the right to petition government for the redress of grievances. In addition, Congress and many state legislatures have passed laws that specifically give the public the right to petition public agencies for rulemaking action. These laws give petitioners a right to a prompt response (often within a specified time) and a written explanation if the agency denies the petition.
Some of these laws lay out procedures that must be followed and information that must be contained in the petition, so it’s important to check the law in your state and regulations the particular public agency may have.
Be sure to check
the law in your state and regulations the particular agency may
have.
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Minnesota’s petitioning law states: “Any person may petition an agency requesting the adoption, amendment, or repeal of any rule. The petition shall be specific as to what action is requested and the need for the action. Upon receiving a petition an agency shall have 60 days in which to make a specific and detailed reply in writing.” (Minnesota Codes, Chapter 14.09) Wisconsin’s law requires that a petition be filed by at least five individuals. Call the city attorney or county counsel’s office to find out about local laws and regulations related to petitioning city and county departments. |
You do not need a lawyer to write and file an administrative petition. As with other advocacy strategies, you need to understand the problem you are trying to solve and develop solutions that will address it. You will also need to determine whether an agency has the power to take the actions you want. A lawyer can be helpful in researching the law and drafting the petition. But advocates who are not lawyers can also do the necessary research and draft the petition.
As with other advocacy strategies, one of the keys to petitioning is making it a joint effort. Invite other individuals and organizations to work with you to define the problem, develop workable solutions, join as copetitioners, and show broad public support for the petition.
After you file the petition, someone will need to stay on the case, keep your coalition together and informed, answer questions and respond to requests for information as the need arises, work with reporters, and maintain public pressure on the agency. Compared with litigation or an initiative campaign, out-of-pocket expenses are minimal, but a dedicated staff from beginning to end is essential. More on this later in Launching the Administrative Petition and Staying on the Case and Getting a Response.
The time it takes to get the facts about the problem, develop solutions, enlist copetitioners, and build public support will depend on how much staff you can devote to this and how much work you’ve done already in these areas. Once you file the petition, the process can often be completed in three to six months.
You will improve your chances of success if a broad coalition joins in the effort. In addition to having more resources, a number of petitioners representing a broad range of constituencies will show agency officials and the media that there is a serious problem that requires immediate attention. More on this later in Building a broad-based coalition.
Media coverage helps to build public support for the petition and keep public pressure on the agency. Reporters are more likely to cover your petition if you can show them how the problem affects people in the community.
A well-researched, well-documented, clearly written administrative petition; a broad, strong, coalition; a media strategy; and staff that can take the process from beginning to end.
This chapter outlines the basics. You can get more detailed, step-by-step information about administrative petitioning—checklists, worksheets, a chart of state petitioning laws, and more—in Getting Action: How to Petition Government and Get Results by Harry Snyder with Carl Oshiro and Ruth Holton, a 2002 publication from Consumers Union available at http://www.consumersunion.org/other/g-action1.htm, or by calling (415) 431-6747.