Figuring out Government

Figuring out Government

LAW by Dave Szymanski | Tampa Bay Editor

REVIEW SUMMARY

Executive: Steve Anderson, partner, Ruden McClosky

Industry: Florida business law

Key: Get business and government to work together for mutual solutions.

Tampa attorney Steve Anderson has brought business and government to the negotiating table to find positive results for both sides.

You're a CEO of a Gulf Coast company and you want to build a new headquarters but the land needs rezoning. Or you want to expand your building, but there's wetlands nearby and you need a building permit. Or you'd like to get a median cut when the road near you is widened so customers can get to you. Or you feel a bid process was not handled properly.

You're busy running your business and these scenarios mean one word: Headache. No, two word: Giant headache.

They don't have to. But they may take time, patience and greater awareness of government's requirements, says Steve Anderson, 58, a Tampa attorney with the law firm of Ruden McClosky who specializes in working with businesses and government.

Anderson has worked with city and county governments on the Gulf Coast, representing businesses, such as Bright House Networks. He has negotiated franchises, permits, inter-local agreements and local ordinances.

"I find ways to connect business with government to solve someone's problem," Anderson says. "There are routine permitting problems. Lease agreements. Bid protests. The real meat of the practice involves significant costs and legal issues and has major public policy overtones."

During his work for Bright House, Anderson had to broker a new agreement for the communications company in Hillsborough County last year while meeting the county's need for more competition, as Verizon wanted to provide cable service. Price was a major issue, complicated because of the county's fees and taxes, which get passed through to consumers.

In the end, the county allowed more competition, Bright House got an agreement and cable television rates came down for consumers.

"Good business and good policy intersected," Anderson says. "My goal was to show the county commission that every fee drives up the cost for consumers.'

Another issue was that the county wanted more public-access television channels, as many as five to seven. But to keep rates lower, the commission decided three channels were plenty, particularly in light of the growing number of Web sites and Internet access.

"This is one of the best examples of good public policy," he says. "The county could've played one company against another, but it didn't. It wanted them on a level, competitive playing field. Consumers would get the best pricing and service."

Anderson offers the following 10 tips for businesses looking to broker timely agreements with governments without excessive cost or time:

• Things will take longer than you think.

• A long view is important. "You need to have a willingness to spend time to find a win-win solution," Anderson says.

• Always be credible. "My credibility is my biggest factor," he says. "We spend time with clients telling them the same. In zealousness, we overstate the facts. The best way to ruin a deal with government is not to be credible."

• Lay all the facts on the table and make sure your facts are supportable. "We all see things from our own perspective," Anderson says.

• Be respectful. "Sometimes I find businesses don't understand government," he says. "We make sure we go in respecting the government side. They may disagree, but we always respect the people and the institution."

• Have a good, well-planned project. "We won't take a client that isn't prepared to be straight-forward and honest," Anderson says.

• Keep an open mind for the other side's needs. "If you go in just wanting to get what you want, it's harder," he says. "Government has needs. It may be extra protection. The process is transparent. It's not only compromise. Business shouldn't think it's all about them. Businesses need to go in looking for that thing the agency needs."

• Make sure the public doesn't carry a larger burden. "As businesses, let's ask ourselves what do we need," Anderson says.

• Try to adopt the government mindset. "I find you can't make these major deals happen if you can't put yourself in the shoes of the person on the other side," he says. "The speed of things is very frustrating for businesses and for people in government. There is some logic, some basis for their position."

• Look for ways to accomplish goals for both parties. "But a win to government is not the same as a win to business," Anderson says. "Both sides need to keep an open mind and take the long view."

Has working with government changed over the years? There's been a push for more openness, Anderson says.

"People haven't changed much," he says. "There's been an overall increase in education levels and specialization in government.

"There's been a move to more transparency in the process," Anderson says. "More and more people in government demand that the process be open, transparent and above-board."

More government staffs are run more professionally, which should help time-conscious business leaders. Businesses then, must act in cooperation with government policy.

"We need to make sure good policy decisions are supported by good business decisions," Anderson says.