Act now for political action: Participate in ACEC's PACs

Three developments highlight the rationale for engineers in New York City to participate in the ACEC political action committees: the heightened level of political awareness resulting from the recent Presidential election, as well as the current economic crisis; the change in New York's term limits law; and limitations on contributions from those "doing business" with the city. The political program organized by the American Council of Engineering Companies - federal, state and New York City - which includes testimony, briefings and media events, is an increasingly powerful tool. In addition, ACEC political action committees solicit and accept voluntary contributions from firm leaders and aggregate them for distribution in support of the industry's best interests. ACEC's PACs give the organization a seat at the campaign banquet table without the appearance that the contributions are being made to benefit a single company. The Time is Now Whether or not one was pleased with the outcome of the recent elections, it is indisputable that Americans were engaged in a national political conversation perhaps without precedent. Hundreds of thousands made small contributions or signed up to volunteer. Millions avidly followed every campaign video on the Internet or checked the political blogs daily. There seemed to be a genuine sense that this election mattered and that this time every vote could make a difference. Contemporaneously with the election's closing weeks, the outline of an economic crisis of historic proportion emerged. Steep declines in the stock market, an increase in foreclosures and unemployment, bankruptcies and wild fluctuations in prices of commodities like oil have become the preeminent issues of the day. While the causes of the current crisis remain the topic of debate, a broad consensus has emerged that government intervention is a necessary ingredient of any recovery. Infrastructure spending, for example, has already been identified by the incoming Obama administration as a powerful creator of jobs and economic activity. However, funding depends on translating policy into action. So too, energy independence and sustainability underlie the Congressional debate about the future of the automotive industry. Locally, the debate continues about which projects to fund, from the critical current needs of the MTA to tomorrow's economic development initiatives like the redevelopment of Governors Island. The constant is an energized population which wants to participate in the process. And amongst them can and should be the engineering community. Engineers have the technical experience and judgment to bring substance to the debate about spending priorities. By training and temperament, engineers bring a level of knowledge to policy debates all the more important in the modern era. Whether the issue is energy, the environment, homeland security or transportation, elected decision makers need the insight of experienced professionals. Might not the residents of New Orleans have benefited had the engineering community been able to convey its perspective with more vigor? Engineers also have a stake in issues that affect their lives and businesses: development, infrastructure investment, professional regulation, procurement practices, fostering a culture of design excellence and efficiency. There is nothing wrong with pressing those interests. The right to petition the government for the redress of grievance - lobbying - is in the same section of the Constitution as freedom of the press, religion and speech. New York City Term Limits Despite the recent relaxation of New York City's term limits law, a significant turnover in city offices is expected in 2009. Until the change, the mayor, other city officials and almost the entire city council were prohibited from seeking a third term. Mayor Bloomberg's decision to switch from opposing to supporting an extension turned city politics upside down. While his incumbency, popularity and virtually unlimited campaign kitty auger well for his re-election chances, the adoption of the third term allowance by the city council and mayor, rather than through public referendum, together with anticipated service cuts and tax increases provide the opportunity for a spirited challenge from Democrats such as Comptroller William Thompson, Jr. and U.S. Rep. Anthony Weiner. In particular, a run by Thompson for mayor, rather than seeking re-election to another term in his current position, will set off a chain reaction involving any number of sitting city council members choosing to run for his open city wide seat, rather than for re-election or for other positions such as borough president. In turn, each of their seats will attract a crop of contenders. Many leaders in the engineering community have admired the mayor's business-like approach to management, his commitment to development and sustainability, as well as his visionary approach to congestion pricing. Others have been troubled by his failure to appreciate the importance of having a licensed professional at the helm of the Department of Buildings, particularly at this critical time for the agency. Regardless of their view on the issues, engineers want and need a robust dialogue about them and a seat at the table when the council takes up the debate. Here's where ACEC New York City PAC has an opportunity. Political contributions are tangible ways of extending one's advocacy beyond one's own speech and vote. One can and should support a candidate for taking the right position on an issue, such as qualifications-based selection of A/E services, or reject another for, say, opposing a needed infrastructure bond act. While it may be naïve to suggest that contributions are made solely to advance principled policies, it would likewise be naïve to think that advocacy from a stranger always counts as much as advocacy from a friend. Moreover, attending political functions allows one to be heard by being closer rather than having to be louder. Local Law 34 The rules regulating campaign contributions to city offices have changed, limiting the ability of those who perform city work from directly participating fully. Local Law 34 expands New York City's Campaign Finance Act by disclosing and limiting contributions from individuals that have business dealings with the city. It has been phased in as its mandated database has become operational. Any contributions from this regulated businesses' senior management are limited to $400 for citywide races, $320 for borough-wide races, and $250 for city council races. These restrictions apply to individuals and entities that have or are bidding on city contracts, franchises, concessions, economic development agreements, and applications for any land use approval from the city or any recipients of grants totaling at least $100,000 over a 12-month period. The New York City campaign finance board has developed a central-computerized database of all individuals covered by these new restrictions, CEO, CFO/COO, persons employed in a senior managerial capacity, and any persons with an interest in the entity that exceeds 10% of the covered entity, to enforce these requirements. The restrictions imposed by LL34 represent a significant burden on the First Amendment rights of legitimate businesses and their executives and are the subject of pending court challenge, for example, because the candidate to whom they contribute may have nothing to do with the procurement which leads to city work. Thus, business leaders deterred from participating directly in the political process have an additional incentive to participate through the industry's political action committees. By contributing to the ACEC New York City PAC (or the federal and state PACs), engineers can be assured that their interests will be recognized and that responsible leadership will look for opportunities to support those who share their values and value their opinions. And by encouraging voluntary contributions from those within their organizations, firm leaders can help channel the enthusiasm and desire to participate kindled in the last election and fanned by concern for our economic future. Kenneth Fisher is a partner at Wolf Block LLP, and is municipal affairs counsel to the ACEC New York/Metropolitan Region.