Points to Consider

• What are your rights to petition?
• Do you need a lawyer?
• Do you have sufficient resources and capacity?
• How long will it take?
• Do you have partners and allies who will do this with you?
• Can you get media attention?
• Keys to success
• Red flags
• What else do you need to know?

What are your rights to petition government? back to top

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.

Do you need a lawyer? back to top

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.

Do you have sufficient resources and capacity? back to top

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.

How long will it take? back to top

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.

Do you have partners and allies who will do this with you? back to top

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.

Can you get media attention? back to top

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.

Keys to success back to top

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.

What else do you need to know? back to top

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.
Launching the Petition

• Research the problem and possible solutions
• Identify target agencies
• Build a broad-based coalition
• Write and file your petition
• Garner media attention

Understanding the problem and developing solutions back to top

Most of the legwork in preparing a petition involves getting the facts about the problem and coming up with effective solutions. To be successful, you will need to describe the problem in the petition, state the actions you are seeking, explain why those actions will help address the problem, and show how the agency has the power to take the actions you are seeking. This is what gives the petition credence and establishes a sense of need.

• Get the facts about the problem you are trying to solve. Find out who is being hurt by the current situation, how they are being hurt, whether the problem is getting better or worse. Document what you find with examples of personal stories, informal surveys, official reports.
• Identify actions that the agency should take that would fix the problem or at least improve the situation. (For example, find out what other localities have done about the problem and whether those actions have been effective. If another city or state has a particularly innovative approach, you may want to request that agency officials try it in your community. Reporters are more likely to cover your petition if you can point them to concrete examples showing that your solution has worked in other places.)

Identifying target agencies back to top

Depending on where you are and the kinds of changes you are seeking, there may be one agency or several agencies with authority to take action.

• Start by identifying all agencies that can potentially take action to address the problem. Real problems can be tough to solve, and it often takes more than one type of action and more than one agency to correct them. After you have identified the agencies, try to find out what each agency has done and is doing about the problem, whether its actions are making things better or worse, who the key decision-makers in the agency are, and whether they are likely to be sympathetic or hostile to your proposed solutions. Use this information to decide which agency or agencies to petition.
• Make sure you file your petition with the right agencies. Don’t waste your time petitioning an agency that does not have the authority to solve your problem.

Building a broad-based coalition back to top

While one or two people can certainly make a difference, many people and organizations working together for a common set of goals can make a bigger one. Building a strong coalition will show community-wide concern and demonstrate to agency officials, the media, and the public at large that there is a serious problem that must be addressed and a consensus about what needs to be done. For more on coalition building, see the Organizing and Coalition Building section.

• Organize the largest, most diverse coalition possible and recruit nontraditional allies.
• Bring other organizations in at the beginning to get their views about the problem and acceptable solutions. They are more likely to join as copetitioners and support the effort if their concerns are reflected in the petition and they agree on the importance of the requested solutions.

Writing and filing your petition back to top

Administrative petitions usually include an introduction, a statement of facts about the problem, brief descriptions of the people submitting the petition, the legal authority of the agency to act, the specific actions you want the agency to take, and a conclusion. In addition, you usually:

• Submit sample language for new policies or procedures you want adopted.
• Include exhibits that strengthen your position: statements from individuals who have experienced or witnessed the problem, letters, newspaper articles, reports, photographs, and charts.
• List the names of the petitioners on the cover and print your petition on legal pleading paper, just as you do when you file a lawsuit in court.

Filing the petition simply means delivering the document to the appropriate office of the agency. (If you are petitioning a federal or state agency, call the general counsel’s office of the agency and ask where to file. For local agencies, call the city attorney’s or county counsel’s office.)

Attracting media attention back to top

Media coverage will make it much harder for the agency to ignore the petition, dismiss the problem as unimportant, or refuse to take effective action.

• Develop a media plan (i.e., set definite goals, identify the audience you need to reach, develop key messages, prepare talking points, identify specific media and reporters to contact, and identify and prepare spokespersons). See more about in the Media Advocacy section.
• Issue news releases or hold news conferences to inform reporters about newsworthy events: the filing of the administrative petition; announcement of new coalition members; the passing of a deadline without agency action; the scheduling of a hearing; the holding of public hearings.
• Educate reporters about the issues in your petition, the need for agency action, and the feasibility of your proposed solutions. You may also need to educate them about what an administrative petition is, how it’s different from a letter or signature petition, and the legal requirement for a timely response.