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1 Training Outline & Schedule Section 1- Introduction Focus on subject – Introductory slides and comment Introductions Housekeeping Objectives Parking Lot Schedule Section 2 - Forces of Conflict - Overview People Bureaucracy Agency Motivation Politics TACT Personality Types: Confrontational and Insecure Section 3 - Bureaucracy Regulations Responsibilities Exercise 1 and Break Section 4 - Agency Motivation Money Time Personality Type: Pleaser Section 5 - Politics – Introduction Definition of Politics Political Capital Three Forms of Exchange Exercise 2 Lunch Section 5 - Politics (Continued) Tips Personality Types: Timid and Complainer Exercise 3 Section 6 - TACT Talk Change Act Think Exercise 4 - Assignment and Break Section 7 - Review Tools Course Summary Conflict Resolution Plan
Transcript

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Training Outline & Schedule

Section 1- Introduction Focus on subject – Introductory slides and comment Introductions Housekeeping Objectives Parking Lot Schedule

Section 2 - Forces of Conflict - Overview People Bureaucracy Agency Motivation Politics TACT Personality Types: Confrontational and Insecure

Section 3 - Bureaucracy Regulations Responsibilities

Exercise 1 and Break

Section 4 - Agency Motivation Money Time Personality Type: Pleaser

Section 5 - Politics – Introduction Definition of Politics Political Capital Three Forms of Exchange

Exercise 2

Lunch

Section 5 - Politics (Continued) Tips Personality Types: Timid and Complainer

Exercise 3

Section 6 - TACT Talk Change Act Think

Exercise 4 - Assignment and Break

Section 7 - Review Tools

Course Summary Conflict Resolution Plan

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Exam

Appendix Conflict Resolution Plan References

PowerPoint Slides

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Slide 1 Title Slide Slide 2 Section 1 - Introduction When you ask most public agency managers about their most frustrating acquisition or project, they often state it was an acquisition or project that involved another public agency. Public agency conflict is a major issue. A Google search of “Public Agency Conflict” reveals hundreds of sites and resources. Slide 3 & 4 A good example of how public agency conflict can cause big problems is found in Memphis Tennessee. Highway 40 (Hwy 40) takes an odd jog around a more logical straight route through the city. If we look at the area that the highway avoids we find a city park. Both the City Public Works Dept. and the Tennessee Department of Transportation (TDOT) were in agreement to construct Hwy 40 through the park. The City would receive several million dollars for its part in the project. TDOT let a contract and began construction when a different community of the City raised concerns about the potential effects on the park. The conflict elevated to a court battle over the alignment. The issues focused on whether TDOT performed an adequate evaluation of alternatives before choosing to construct through the park. The conflict resulted in court and administrative decisions that caused the contract to be abandoned and the route to be changed to the alignment that exists today. This conflict is classic in that it reflects the failure of the respective parties to understand the forces of conflict involved. These include personalities, the nature of the bureaucracies, the prime agency (and constituent) motivators, the politics, and the tact of the agents. Slide 5 Conflict with other public agencies is often so frustrating that it just makes us angry! (William Busch SR/WA, 2006). We need tools that will help us deal rationally with issues and bring conflict resolution. That is what this course is all about. Slide 6

• Welcome • Introductions • Housekeeping • Goals • Parking Lot • Schedule

Slide 7 At the conclusion of this course the participant should understand how the following core components contribute to public agency conflict:

• People • Bureaucracy • Agency motivation

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• Politics • TACT (how we Talk, Act, Change and Think)

Specific competencies expected of the student for each of these forces are: Slide 8 People Develop strategies for dealing with various personality types that contribute to public agency conflict Slide 9 Bureaucracy

• Understand the role regulations have in bureaucracies and how they contribute to public agency conflict

• Identify a public agency’s purpose as a component of conflict resolution Slide 10 Agency Purpose

• List the two primary motivators of public agencies o Budget o Schedule

• Employ conflict resolution strategies that consider the primary purpose of the involved public agencies

Slide 11 Politics

• List three forms of political exchange • Employ points of political acumen • Manage conflict for political gain

Slide 12 TACT

• Consider the importance of how we Talk in resolving conflict • Consider how we Act in resolving conflict • Consider how we Change in resolving conflict • Consider how we Think in resolving conflict

Section 2 - Forces of Conflict - Overview Slide 13 Forces of Conflict Slide 14 Forces of Conflict Overview 5 core forces

1. People 2. Bureaucracies 3. Agency Motivation 4. Politics 5. TACT

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Slide 15 The dynamics between people are always a significant issue in creating and resolving conflict between public agencies. There are many personality traits that represent people at their worst - usually as a result of some stress in their life (past or present). Slide 16 Types of People - Overview Every individual can exhibit multiple personality traits. Elements of each type exist in all of us. We have one or two types that are predominate, depending on specific situations. We all tend to resort to our dominateefault style(s) in times of stress. These can vary from confrontational to passive. There are many types of personalities that we find difficult to deal with. In this course we will discuss the following 5 personality types.

• Confrontational • Insecure • Pleaser • Timid • Complainer

The fear of different types of personalities that exhibit negative behavior can block our ability to deal more subjectively with conflict resolution processes. By having a strategy to identify and respond to some of the most common types, the astute manger can gain confidence to get by the personality (Kirschner, 2002). He/she can then move on to more pragmatic conflict management processes. Because the personalities we deal with permeate all factors of public agency conflict, the five Personality Types considered in this course are interspersed throughout the material. Slide 17 The Confrontational Personality Most confrontational people are generally insecure and feel they need to “bully” others in order to be taken credibly. Making them feel valued as part of the team or individually may eventually soften their attitude. It is important to understand and be observant offor the situation where such behavior is not a result of insecurity but an underlying emotional problem, such as a divorce death in the family or other more serious issues. Characteristics

• Angry, pushy and aggressive • Tries to make you look foolish • Explodes into fits of ranting • Is overbearing

Objectives • Reduce the emotional intensity • Bring issues into the open • Take control of the situation • Command respect

How? • Reduce the emotional intensity by letting them vent. Keep asking if they have other

concerns or criticisms. Take notes as they speak. Talk in a calm flat tone and do not take comments personally.

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• Bring issues into the open by returning to the main point and bringing the discussion back to the bottom line. Separate past grievances from current issues.

• Take control of the situation by establishing timelines and responsibilities for resolving issues that cannot be solved immediately.

• Command respect by holding your ground. You cannot sacrifice agency position and policy simply to provide “feel good” answers. Admit if you are wrong. Follow up promptly and fulfill your promises. Refuse to accept vulgar, threatening, or overly offensive language; terminate the discussion if, after allowing some venting, the language does not improve.

Slide 18 The Insecure Personality The insecure personality could be a responseaction to an unstable or dysfunctional work environment or due to the fear of making bad decisions (perhaps a reaction to past personal or professional mistakes). Characteristics

• Seldom in doubt (A masking behavior to cover insecurity) • Low tolerance for correction • Blames others • Attention seeker (Wants to be seen as successful)

Objectives • Create a safe environment for the person to be wrong • Expose and refute the person’s erroneousbad ideas diplomatically • Open the person’s mind to new ideas

How? • Create a safe environment for the person to be wrong by turning the individual into a

mentor. Ask questions that lead them to tell you their fears and concerns. Give them some attention by relating to their constraints and empathizing with their situation. Find something to praise in order to build their confidence.

• Expose and refute the person’s bad ideas diplomatically by asking questions that direct the discussion back to your project. Ask probing questions and ask for them to clarify their understanding of the issues. Avoid backing them into a corner or leading into a win/lose dialogue

• Open the person’s mind to new ideas by being prepared with the details of your project and the history with the individual and agency. It helps to know the work context of the individual such as the primary drivers of their agency, and what pressures the individual typically faces. Help them to feel successful as a proponent of your project in their agency.

Slide 19 Section 3 - Bureaucracy Bureaucracy is not a term we often embrace with an endearing attitude. Elliott Jacques (Jacques, 1998) suggests that this is the result of the faulty way bureaucracy is practiced. Bureaucracies are created to bring order and predictability to larger enterprises. To gain understanding of a bureaucracy it is imperative to know the regulations and responsibilities that drive them.

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Slide 20 Introduction to Bureaucracy

Regulations Responsibilities

Slide 21 & 22 Regulations While we live with regulations on a daily basis, we do not know most that exist. Looking on the internet reveals over 24 Million hits to the Code of Federal Regulations, EPA, Coastal Commission, OSHA, building codes, city, county and state regulations…..many are in conflict with each other. Slide 23 & 24 Responsibilities Internet search revealed some 5.3 Million hits regarding responsibility. These stated agency responsibilities are the “Drivers” of agencies and organizations. These responsibilities are not always in concert with each other…e.g. the Park Service responsibility to preserve land in natural state as natural forest park lands vs. The Federal Energy Regulatory Commission responsibility to develop land to insure the nation has a reliable network of natural gas and energy.

Slide 25 Understanding the organization’s purpose It is important to recognize the purpose of the organization you are dealing with. You can often find the purpose on the website for the agency. Learn how it is organized, e.g. City Council with a board of supervisors, Board of Directors, elected or appointed officials. If it is an organization, is it profit or non-profit? If it is a utility, what is its organizational structure? This information will give the astute participant insight to the levels and processes of decision making. Just having this knowledge can help minimize conflict. Slide 26 More on Understanding Organizations Once you understand the purpose and structure of the other organization, a comparison with your own can reveal potential points of conflict. Some of these might be:

• Organizational Imbalances. One organization may have a single purpose like a water agency, and the another may being a multiple purpose agency like a city or county agency.

• Decision making priorities and timelines. One agency’s decision making process and typical timeline may differ greatly from another. Learn the process of the other organization before making assumptions about how long or complex a process is necessary to complete an agreement with the other agency.

• Organizational Memory. Learn the history of interaction with the other agency in order to determine if there are issues that might help or hinder your interaction. Later in the course we will discuss building political capital. In short, know if they owe you or you owe them.

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Slide 27 Any newspaper will yield examples of public agencies in conflict. In the case of the city of Santee, two agencies were having trouble resolving how to use a particular property. The editorial page began offering solutions to resolve the internal conflict. That is not where you want to see your agencies conflict with another’s vetted. Slide 28 Exercise 1 The exercise will be handed out by the facilitator to your group. You will work on the exercise in the same group throughout the day. Each team should incorporate learning gleaned from Section 3 - Bureaucracy in their response to the exercise. In the debriefing, the teams will highlight how they probed organizational regulations, responsibilities and purpose. They will also role play one of the personality types as part of their exercise.

Break Slide 29 & 30 Section 4 - Agency Motivation Section 4 is about the two most dominant motivators for public agencies: Money or Time. Slide 31 It is important to be able to identify which of these is your agencies primary driver, which of these is the other public agency’s (OPA) primary driver, and find solutions that will satisfy both. Dominant drivers can change. Due to the current budget crises, Money has become the dominant driver. During normal budget conditions, the dominant driver may revert back to Time. Remain aware of the agency or organizational environment. The following are some of the characteristics of Money (or budget) driven organizations:

• Smaller agencies withthat have boards of directors that are voted in by their constituents • Agencies that are limited in their ability to negotiate because of layers of bureaucracy that

must be penetrated to gain approval of creative settlements • Agencies that are limited by their funding, e.g. grant funds • Agencies experiencingthat are in economic crises

The following are some of the characteristics of Time (or schedule) driven organizations. • Agencies that are funded by rates rather than voter approved appropriations or grant

funds • Agencies that construct large projects where the property costs are a small percent of the

budget (less than 5%) • Agencies that construct large projects where the cost of delay is high • Agencies that are driven by lengthy regulatory processes

Consider the following four Options: 1. Both agencies are budget driven 2. Your agency is budget driven and the OPA is schedule driven 3. Your agency is schedule driven and the OPA is budget driven 4. Both agencies are schedule driven

Slide 32 If both agencies are budget driven some of the following issues may exist:

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• Payments may be delayedIt may take a long time to receive payment • Neither agency has negotiating room because of constrained budgets • Both agencies have limited staff to work on issue resolution

Slide 33 To resolve conflict when both agencies are budget driven consider some of the following strategies:

Slide 34 • Memorandum of Understanding (MOU): A MOU can establish a process to reach

agreement with another agency with whom one has frequent dealings. Once approved at a high organizational level the MOUit usually establishes a framework for agreements to be reached at lower organizational levels.

• Alternate Dispute Resolution (ADR) or trial by consent: ADR and trial by consent are sometimes more acceptable to agency boards of directors than agreeing to a settlement that is beyond budget. One method of ADR, partnering, is a process of utilizing a third party to establish a process for dealing with disagreement. (Bayer, 2007). It is mostThe important thing is keep a professional demeanor with the other agency as you work through difficulttough negotiations. If you do, your reputation as a tough but fair negotiator will carry with you in future dealings.

• Non-cash tender: Sometimes you can resolve conflict by agreeing to perform work or exchanging assets in order to close a monetary gap.

Examples: 1. Construct Improvements 2. Offer to grant fee property and retain an easement as a form of payment 3. Pay for site clean-up using advanced escrow deposits so that the other agency

does not have to pay funds “out of pocket”. Slide 35 If your agency is budget driven and the OPA is schedule driven, some of the following issues may exist:

• Your project is not high on the other agencies priority list • Normal processing time in the other agency will delay your project

Slide 36 To resolve conflict when your agency is budget driven and the OPA is schedule driven consider some of the following strategies:

• Ask yourself if your timeline was reasonable. Did you ask the other agency their time frames before establishing your schedule?

• Revise your timeline once you understand the other agency’s schedule • Chart the approval process of the other agency. The best way to achieveget clarity

regarding timeframeson how long it will take to get through the other agency’s process is to chart each step of their process. Gantt chart principals gleaned from construction management practices are helpful in this effort. (S. Keoki Sears, 2008)

• Fish or cut bait – give your project a reality check. After you fully understand the constraints of the other agency you may need to make a decision whether or not you need to revise your project to avoid the inevitable delay.

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Slide 37 Review strategy for conflict resolution

• Know your agency’s primary driver • Learn the OPA’s Primary driver • Seek a workable balance

Slide 38 If your agency is schedule driven and the OPA is budget driven some of the following issues may exist:

• A disagreement over compensation will delay your project • The OPA cannot afford funds or staff to process your request

Slide 39 To resolve conflict when your agency is schedule driven and the OPA is budget driven consider some of the following strategies:

• Make a business decision: Paying more to satisfy the demands of the other agency might be distasteful, but might be the best business decision. Consider how much a delay will cost and weigh that cost against making a monetary settlement.

• Fund a staff position in the OPA: You might break your project loose from the bottleneck at the other agency by offering to pay for a position or an independent contractor to process your project. through the other agency.

• Offer to fund issue resolution items at the front end by making advanced deposits into escrow. For example if there is a cost for clean-up of the property and the other agency does not have resources to front the time or money to clean it up, you can offer to deposit funds into escrow. The funds can be used to , contract for the clean-up, pay for the work out of escrow and deducting the cost from the pay out to the seller’s proceeds.

Slide 40 If both agencies are schedule driven some of the following issues may exist:

• You are in a hurry; they are swamped and unable to address your project • You are both in a hurry but pursuing different objectives

Slide 41 To resolve conflict when both agencies are schedule driven consider some of the following strategies:

• Chart each agency’s approval loop. The sooner in the process and the higher in the organizational structure this can be accomplished the more likely the success of the effort.

• Get buy in on a schedule even if it is too long for your apparent needs • Bundle issues so that the larger mass has higher visibility

Slide 42 Review The two most dominant motivators for public agencies are Money or Time. It is important to be able to identify which of these is your agency’s primary driver, which of these is the other public agency’s (OPA’s) primary driver, and to find solutions that will satisfy both.

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Slide 43 Following is a review of the 5 personality types. Remember: these are not all-inclusive but rather a sample of personality types that we often deal with in public agency conflict. They represent people at their worst – often as a defense mechanism because they feel threatened.

• Confrontational • Insecure • Pleaser • Timid • Complainer

Remember, the fear of different types of personalities that exhibit negative behavior can block our ability to deal more subjectively with conflict resolution. By having a strategy to identify and respond to some of the most common personality types, the astute manager can gain the confidence to interact effectively with the personality, and move on to more pragmatic conflict management processes. Because the personalities we deal with permeate all factors of public agency conflict, the 5 Personality Types are interspersed throughout the course material. Slide 44 The Pleaser Personality This is a subtly dangerous personality type because it lulls the agent into thinking that everything is progressing without issues when in fact issues are merely being buried or glossed over. You expose this personality type by asking probing questions and verifying who has authorization for decision making in the organization. Characteristics

• Avoids confrontation at all costs • Reacts to latest demands • Forgets, puts off previous commitments, over commits • Becomes resentful • Procrastinates until the decision makes itself

Objectives • Help the person to think more rationally • Get reasonable commitments • Reinforce that not all conflict is bad

How? • Help the person to think more rationally by strengthening the relationship andto gaining

trust. Be honest and make honesty safe by reinforcement. • ObtainGet reasonable commitments by gaining agreement on the simple items first.

Make certain you understand the authorization level for decisions in the OPA. • Reinforce that not all conflict is bad by clarifying options and following through on

issues of disagreement. Establish an elevation process and timeframe for issue resolution.

Slide 45 Section 5 - Politics - Introduction Introduction

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Often we approach our negotiations or relationships by being totally objective. Sounds good, right? But in every cross-agency relationship, politics will emerge at some level. Your job is to be aware, alert and able to address your own and your agency’s political interests and that of the other agency and its representative. We often look at Politics as being non-rational. Political concepts are entirely rational, but they are often hidden from view unless one looks carefully. One needs to be a sleuth to uncover the motives that are driving political processes if one hopes to use them to avoid or resolve conflict (Osborne, 2004). Slide 46 Section Overview We will cover the following in this Section

• Definition of Politics • Building Political Capital • Tips for Influencing Others

The word “Politics” comes from the Greek word “polis” which means the community as a whole. The Greeks aimed to create the ideal society.

Slide 47 Definitions Definitions of Politics

• Social relations involving authority or power • The use of power to modify the organization’s structure, maintain the status quo, or

influence a decision • The ability to balance power and service in a role of leadership (Rosinsky, CCL)

Slide 48 Integrity The first requirement for being a person of influence is to be a person of integrity:

• Be consistent by not over committing or assuming authority beyond what you have • Employ honest communication as a foundation to building trust • Value transparency by getting to the point and encouraging others to do so.

AvoidingDancing around difficult issues will not facilitate resolution. • Exemplify humility. It has been said that the exercise of power is often most effective

when not employed. • Show your support of others and build relationships both inside and outside the

organization. Look for opportunities to help others. Individual organization members will have to build rich personal networks of contacts to be effective working across organizational boundaries. (Mohrman, 1982).

• Fulfill your promises – follow through is key. • Be a giver, not a taker. Anyone who is helpful and cooperative with an OPA is much

more likely to have the courtesy returned in the future. Build relationships before a problem arises.

• Encourage participation (not manipulation) by valuing the input, and even drawing it out in others. Often the key to success is getting quiet and shy people to engage, as they often have great ideas, but may be fearful of speaking up.

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Slide 49 Political Capital means recognizing and using a form of exchange also known as “quid pro quo” or having “money in the bank or chips” with another person. Slide 50 Three forms of exchange:

• Compliance for Mutual Benefit • Compliance for Cost • Equivalent Payment

Compliance for Mutual Benefit occurs when the action requested is in the potential ally’s best interest and the benefits are at least as great as the cost of complying.

Example: You request expedited completion on a sale of property to you. The end of the fiscal year is nearing and funds for the sale are not easily transferable to the next year for your ally who wants the sale to be completed. This is a desirable exchange for both parties.

Compliance for Cost occurs when the asking party is requested to pay for the costs incurred by the potential ally for complying.

Example: A County wants to use a State owned fire fighting helicopter. The State leases the helicopter to the County for direct costs and administrative, depreciation and personnel costs.

Equivalent Payment as a form of barter when the ally is offered something of equal or greater value as than what you are requesting. Payment can be now or in the future.

Example: A water agency agrees to trade a land parcel for another parcel owned by a city. This allows the water agency immediate access for initial environmental studies and project scoping activities.

These are some concrete examples of exchange. But exchange can be as simple as trading information, agreeing to public support of a project or recognizing the “political costs” of a request of the ally. Being politically astute entails recognizing that you have used or gained some “chips” with the other person. Build political capital at every opportunity. (Mathews, 1999) Slide 51 Group Exercise Slide 52 Exercise 2

Lunch

Section 5 – Politics (Continued)     Slide 53 Questions for yourself Before negotiating with an ally, here is a checklist to consider - starting with you. As we review these points, think of an upcoming cross-agency negotiation or one that has been an ongoing challenge to you.

• Am I clear what I really want? • Do I know what my ally needs or how to find out? • What resources do I have and would any interest my ally?

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• Is our relationship positive enough to be able to negotiate an exchange? • If not, how do I create sufficient trust to allow exchanges to take place? • Does my interaction style fit with the style of my ally? How can I change and be true to

myself?

Slide 54 Tips for Influencing Others Don’t expect that agency relationship will improve overnight if they have traditionally been disagreeable. Relationship change can take a long time and requires a great deal of effort. Remember, “The proof is in the pudding.” You need to have integrity and follow through with whatever you say you will do. Only then will the unfreezing begin. Remember that you need to be a detective about the past history, the motivations, and larger issues outside the immediate project. The time to develop support is long before you need it. Good past cooperation wins you chips downstream.

Slide 55 The concept of Emotional Intelligence has been widely researched. To learn more one might wish to read “E.Q”. by Daniel Goleman, (Goleman, 1995) or Google his name for other short articles about this subject which links to Politics. Slide 56 Special Interests groups can be informal-e.g. the old guard, new hires; you have them in your agency and so do others. What is important is to know how these groups can affect your project, or influence your ally or you. Slide 57 To take the high road means to acterr on the side of being fair, honest and humble. The last bullet on this slide is a reminder to acknowledge when you or your agency fails to follow through or deliver. An apology, even if it was your fault, will be appreciated. Slide 58 In the same way you form impressions of others or learn about their reputation, recall that others judge you on what andyou deliver and how you deliverdo so. A reputation for shading the truth, failing to follow through or bullying doesn’t fade from memory for a very long time. Realize that size doesn’t matter in terms of relationships across agencies. You can be the “big gorilla,” but even the small agency will find ways to pay you back for bullying the little guy. If you are the little guy, you may have influencepower based on public support, expertise or powerful friends for your agency. In any case, wWalk softly with your power. Slide 59 Positive Politics In closing this section, here are two descriptions of the end game.

1. “The ability to influence the behavior of others with the purpose of achieving the shared goals of the individuals involved as well as those of the organization.” (Holding, 1999)

2. Knowing how things get done in an organization-either through established channels or by unconventional means

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Using politics is all about being effective. It is using influence skills to reach shared goals by knowing what matters to the ally, the other agency and to your own. It requires knowing the “back story” of the history, people and players. Knowing the “back story’ of history, people and players will enable you to work within the larger context and to be more successful. Good Luck! Exercising positive politics is a tool employed by leaders who are successful in their careers and their projects.

Slide 60 The Timid Personality The timid personality may be the victim of having received severe consequences for a decision or initiative in the past. Being put in “no win” situations can also contribute to a person exhibiting this behavior, especially if they are under stress. Remember that the Timid person is extremely insecure in a public setting such as a presentation or in a team environment. They are very hard workers and normally very intelligent. Their contribution in a team environment can be significant. Your job is to draw it out. Characteristics

• No feedback, nothing, nada, zip • Ability to kill a proposal with a single word – “NO” • When backed ito a corner may “shut down”

Objectives • Get them to open up • Build confidence • Persuade the individual to talk openly

How? • Get them to open up by lightening things up with humor. Apply positive re-enforcement • Build confidence by using the person as a resource and asking their opinion.

Acknowledge good intent and find ways to provide positive feedback when they engage. • Persuade the individual to talk openly by asking open ended questions

Slide 61 The Complainer Personality You will most likely never make the Complainer happy nor resolve their problems. Don’t try, you will only be frustrated. Since perfection is not reasonable possible in many cases, they will never be fully satisfied or happy. The world tramples upon them in their mind. Characteristics

• Feels helpless and overwhelmed by an unfair world • Perfectionist • Solutions offered are bad, so they complain more • They revert to repetitive arguments

Objective • Separate general complaints from project issues. • Get them to problem solve • Guide them to take responsibility for their part of conflict resolution

How?

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• Separate general complaints from project issues by limiting their time to complain. Do not let them use you as a sounding board for general gripes. Focus the discussion on general issues before getting down into the details. Cut off general complaining by interjecting “Nevertheless” or “However” and bring the discussion back to the issues.

• Get them to problem solve by asking them to reframe what they see as the issues to be solved. Draw out more discussion and take note when their complaints hit on issues that do need to be resolved then get them to help develop a plan for resolving those items.

• Guide them to take responsibility for their part of conflict resolution by clarifying levels of authority and defining how issues will be elevated to the next level. Whenever possible emphasize the benefits of getting agreement on issue resolution at their level to avoid elevation to the next level. Stroke their ability to problem solve.

Slide 62 Exercise 3

Slide 63 Section 6 - TACT Slide 64 Introduction to TACT

How You Talk How you Act How You Change How You Think

Slide 65 TACT – How we Talk Meanings and understandings Consider Webster’s Dictionary and any Thesaurus. Many words that sound the same mean something different and there are many different words that have the same meaning or similar meanings. There is a good reason why English is one of the hardest languages in the world to learn…it has many more nuances than most. Slide 66

• Speak to be understood. Do not expect others to read between the lines. Remember, if someone else cannot clearly understand what you are saying, how do you expect them to know what you want or need?

• Expect what you project. Others often return the same courteousness and respect that you project, so employproject those qualities. If you project trust, confidence, and a sincere desire to resolve issues professionally you will often find the other individual responding in kind. Sometimes you need to persevere in your projection to “win them over” if at first you encounter mistrust and anger. This sometimes includes keeping open communication to the community to help surface issues and begin the process of issue resolution. (Busch, 1998)

• Assume the best in others until they give you cause to be cautious and then assume the best again anyway.

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• Avoid “Jargonese”. When possible test some of your explanations on someone who is not familiar with your company, project or issues, and ask them to “scrub” your phrases for jargon.

Slide 67 & 68 Picture of small trench followed by large trench. These two contrasting pictures illustrate the importance of being clear in how we talk. If we simply state to someone that we are going to construct a pipeline through their backyard we risk creating a faulty expectation of what the construction impacts might entail. Break

Slide 69 TACT - How we Act

• Body language and tone of voice tell others more about our attitude than our words. Learn and employ positive body language and voice tone

• Who is in the lead and does it matter? Be willing to relinquish the lead in issue resolution if it helps meet the bigger goal. Empower your counterpart to take the lead if they are willing and able to bring success.

• What are the objective/listening signals? Periodically, ask for feedback on intent and processes to test listening skills of both you and your counterpart.

• Ego’s need to be set aside if it means providing a concession to gain the bigger victory. Slide 70 Do’s and Don’ts

• The Friday e-mail “Bomb”. If you have received one of those frustrating responses that put you over the edge, avoid sending the e-mail retort. You might want to write it but do not do so, even in draft form. Put it in a Word file and save it until Monday to avoid a knee jerk reaction that you will most likely regret later.

• Something lost, something gained. It is sometimes worthwhile to lose a point in order to gain position for gaining a concession on a different point. Do not feel like you need to be victorious on every point to have success.

• Phone etiquette. Guard your voice tone and phone etiquette with others, especially Administrative Assistants of counterparts. Never take your frustration out on them for they are some of the most influential people you will deal with in the other agency.

• Body language. Although this was touched on earlier it is important to employ proper body language in your dealings with others.

• Listening skills. Do not assume the other person understands the same way as you are speaking. Ask for clarifying confirmation from time to time. Similarly, rephrase what you think you hear and seek confirmation from your counterpart.

• Be prepared. No one thing is more important in dealing with others than to be prepared. This includes not only being prepared with project facts but also includes doing your homework on the other individual and agency that you are dealing with.

Slide 71 TACT – How we Change What if you are the …problem? In every conflict there is the opportunity for introspection; to evaluate how you might change to defuse issues and bring resolution. In fact, our attitude is the

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only one over which we have any control. We cannot control the way others act but we can change how we react to them. How to change your attitude

• Change your reactions. We often get into the habit of reacting negatively in similar negative situations. ConsiderEvaluate if there might not be a different and better way to react to the most bothersome individuals and issues.

• Alter your perspective. Try to view the issues from the other agency’sies/individual’s perspective in order to change your view of the problem. A change in perspective can often result in a fresh look, new insights and new solutions.

• Change your self-talk. Stop beating up the other person or yourself in your self talk. Consciously “mind speak” new more positive phrases about the problem, yourself and your adversary.

• Model other successful individuals. Look around your organization or at other successful individuals and observe and model behavior that contributes to their success.

• Take responsibility. Recognize and act on your behaviors that need to change if success is going to occur.

Slide 72 TACT – Change How we Think

• What is the organizational intent as opposed to the detail issues? Understand the other agency’s primary drivers and motivators. Are there larger political issues driving their behavior? Force yourself to think from their perspective then develop a strategy that is sensitive to their goals. Mind mapping is a process of organizing many seemingly discordant thoughts that might be helpful. (Buzan, 1993).

• Get the task done by staying focused on the larger task. Conflict often arises over “five cent” details that get in the way of solving a “ten dollar” problem. Get agreement on larger issues before delving into the details.

• Stay focused on doing what is right. Avoid taking a position that is unfair to the other agency. Seek solutions that show equal consideration for their interests.

• It is a matter of timing – sometimes solutions mature in their own good timing. Avoid being too impatient for resolution.

• Offer appreciation for anything and everything. Express thanks for even the smallest of things: a promptly returned email or phone call, checking with an up-line supervisor on your behalf, or being patient while you found out an answer to a question.

• You get what you give. All interactions with other agencies create an exchange in which debts are exchanged. Be a collector of favors by giving favors and timely responses to others.

• Share priorities to insure you are coordinated with your counterpart. Do not assume you each understand each other’s priorities. Discuss them and put them in perspective with the project or issues at hand.

Slide 73 TACT - Some Final Thoughts

• Find ways to build bridges. Seek favor with other individuals and agencies before issues arise between you. Your success in public agency work will likely depend on the relationships you develop with other agency leaders.

19

• Leave the past behind. Be quick to forgive past grievances in order to build bridges for future relationships.

• Agree on key deal points before addressing the details. Staying focused on the big picture is fundamental to resolving conflict with other agencies.

• Identify the criteria of value. Identify the lynch-pen issues that will make or break negotiations. The most important criteria of value might be your relationship with the other agency representative(s).

• Hold partnering sessions. A partnering process moderated by a neutral party can help keep adversaries focused on issue resolution. (Bayer, 2007).

Slide 74 Exercise 4

Section 7 - Review We are now ready to review the course material. We will

1. Summarize some of the specific tools presented throughout the day 2. Focus on your specific conflict resolution plan 3. Prepare for the test by review

Slide 75 Tools for Managing Conflict

• Probe for the other agency’s primary motivators and constraints (Budget, schedules, staffing, priorities)

• Diagram organizational structure –yours and theirs • Build political capital at every opportunity • Be a creative problem solver

Slide 76 Tools for Managing Conflict (continued)

• Agree to a mutually acceptable schedule before getting committed to an internal schedule • Create a MOU if you have frequent projects with a public agency • Know when to fold and move to a different alternative

Slide 77 Conflict Resolution Plan – Refer to the Appendix Slide 78 & 79 Course Summary

• Consequences of conflict • Forces of conflict • Unraveling conflict • Conflict to resolution plan

Section 8 - Review and Exam

AP

PE

ND

IX A

 

 

Public Agency Conflict Resolution Plan 1. Identify Agency Primary Motivators:

Your Agency _____________ Other Public Agency (OPA) Notes:

2. Develop An Issues List Issue

A ......................................... . Alternatives:

B ............................... . Alternatives:

Lead

Due Date

3. Agree To Communication Paths (Names) Level Your Agency -=O-=P--=-A=---

Project Level Up 1 Level Up 2 Levels Final Authority Notes:

4. Agree To Task Specific Timeline Task Lead

A B C

5. List Key People

Due Date

Finished

Name

Best Approaches

Hot Buttons or History

References Bayer, D. (2007). Partnering on Steriods. 46th Annual Workshop on Transportation Law. Philadelphia: Transportation Research Board. Busch, William, SR/WA (Volume one, Number 3, December 2008). Managing public agency conflict: Why do public works projects get stalled by conflicts with other public agnecies? Journal of Public Works & Infrastructure , 269. Busch, William,SR/WA ( 2006, March/April). Why Do Public Agencies Collide. IRWA Magazine . Busch, William,SR/WA (1998). Overburdening Easements. IRWA Magazine , 18. Buzan, T. a. (1993). The Mind Map Book: How to Use Radiant Thinking to Maximize Your Brain's Untapped Potential. Penguin Group. Goleman, D. (1995). Emotional Intelligence. NY: Bantam. Holding, M. (1999). Positive Politics. Business & Professional Publishing . Jacques, E. (1998). The Requisite Organization. Green Springs: Carson Hall & Co. Kirschner, D. R. (2002). Dealing With People You Can't Stand. NY, NY: McGraw Hill. Mathews, D. (1999). Politics for People. NY: Kettering Foundation. Mohrman, S. A. (1982). The Competent Manager. NY: Wiley. Osborne, D. a. (2004). The Price of Government. NY: Basic Books. S. Keoki Sears, G. A. (2008). Construction Project Management: A practical Guide to Field Construction Management. NY: John Wiley & Sons.

1

When Public Agencies Collide

1

I. Introduction

2

3

2

4

5

Introduction

• Welcome• Introductions• Housekeeping• Goals• Parking Lot• Schedule

6

3

Core Components

• People• Bureaucracy• Agency motivation• Politics• TACT (How we Talk, Act, Change and

Think)

7

Introduction

Goals – People Component• Develop strategies for dealing with various

personality types that contribute to public agency conflictagency conflict

8

Introduction

Goals – Bureaucracy Component• Understand the role regulations have in

bureaucracies and how they contribute to public agency conflictpublic agency conflict

• Identify a public agency’s purpose as a component of conflict resolution

9

4

Introduction

Goals Agency Purpose Component• List the two primary motivators of public

agenciesB d t– Budget

– Schedule• Employ conflict resolution strategies that

consider the primary purpose of the involved public agencies.

10

Introduction

Goals – Politics Component• List three forms of political exchange• Employ points of political acumen• Manage conflict for political gain

11

Introduction

Goals – TACT• Consider the importance of how we Talk in

resolving conflictC id h A t i l i fli t• Consider how we Act in resolving conflict

• Consider how we Change in resolving conflict

• Consider how we Think when resolving conflict

12

5

II. Forces of Conflict

13

Forces of Conflict

• People• Bureaucracy• Agency Motivation• Politics• TACT

14

Forces of Conflict

• People• Bureaucracy• Agency Motivation• Politics• TACT

15

6

Personality Types

• Confrontational• Insecure• Pleaser• Timid• Complainer

16

The Confrontational Personality

17

The Insecure Personality

18

7

Forces of Conflict

• People• Bureaucracy• Time & Money• Politics• TACT

19

Bureaucracy

• Regulations

• Responsibilities

20

Bureaucracy

• Regulations

• Responsibilities

21

8

Bureaucracy -Regulations• We live with them on a daily basis • Most we do not know even exist• Internet search revealed 24 Million hits• Code of Federal Regs EPA Coastal• Code of Federal Regs, EPA, Coastal

Commission, OSHA, building codes, city, county, state regulations, and on and on

• A tremendous number of them conflict with each other

22

Bureaucracy

• Regulations

• Responsibilities

23

Bureaucracy-Responsibilities• A web search reveals 5.3 Million agency

responsibility “hits”• Most all agencies and organizations embody a

description of their responsibilities or charge entrusted to them by the voting public, y g p ,shareholders or other vested interest groups

• These stated responsibilities are the “Drivers” of the agencies and organizations

• Many times these responsibilities bring agencies and organizations into conflict with each other

24

9

Understanding The Organizations Purpose

(Yours and Theirs)

• What are the primary organizationalObjectives?

Cit C il/B d f S i• City Council/Board of Supervisors vs. Board of Directors

• Not for profit vs. profit making

25

Understanding Organizations

• Organization Imbalances Single vs. Multi-purposeSmall vs. Large

• Decision making priorities and timeframesWho are the key decision makers?Reasonable time to make a decision?

• Organization memories and reciprocation

26

27

10

Exercise 1

28

Forces of Conflict

• People• Bureaucracy• Agency Motivation• Politics• TACT

29

Agency Motivation

OR

Either Money or Time is the dominant agency driver

30

11

Agency Motivation

• Know your agencies primary driverKnow your agencies primary driver• Learn the OPA’s• Seek a workable balance

31

Agency MotivationBuild Alternatives That Support the Dominant

Driver of the OPAYour PriorityTheir Priority Time

Time

32

Agency Motivation

Your PriorityTheir Priority Time

X

Time

33

12

Agency Motivation

• Types of conflict – you are $ constrained, so is OPA ( & )– Payment may be delayed

Neither party has funds to resolve issue– Neither party has funds to resolve issue– Both agencies are resource constrained

• Options– MOU – ADR or Trial by mutual consent– Non-cash tender

34

Agency Motivation

Your PriorityTheir Priority Time

$

X35

Agency Motivation

• Types of conflict – you OPA – They do not have time for you– Their process will take too long

O ti• Options– Were you realistic to begin with– Revise your timeline– Chart approval authority– Fish or cut bait

36

13

Agency Motivation

• Know your agencies primary driver• Learn the OPA’s• Seek a workable balance

37

Agency Motivation

Your PriorityTheir Priority $

X

Time

38

Agency Motivation

• Types of conflict issues – you , OPA – A disagreement over compensation will delay

your project– They can’t afford $ or staff to process your

request• Options

– Make a business decision– Offer to fund a staff position, part or full time– Offer to fund issue resolution items at front

end by making advanced deposits into escrow. 39

14

Agency Motivation

Your PriorityTheir Priority $

$

X40

Agency Motivation

• Types of conflict – you them – You are in a hurry and they are swamped

O ti• Options– Chart approval loop– Get buy in on schedule– Bundle Issues

41

Agency MotivationSummary

• Know your agencies primary driver• Learn OPA’s • Seek a workable balance

42

15

Personality Types

• Confrontational• Insecure• Pleaser• Timid• Complainer

43

The Pleaser Personality

44

Forces of Conflict

• People• Bureaucracy• Time & Money• Politics• TACT

45

16

Politics

• Definition• Building Political Capital• Twenty Tips for Influencing Others

46

Politics

• Social relations involving authority or power( dictionary)

• The use of power to modify the organization’s structure maintain theorganization s structure, maintain the status quo, or influence a decision

• Politics if it balances power and service, can play an important role in the evolution of leadership (CCL)

47

First requirement: Being a person of integrity

• Be consistent• Employ honest communication• Value transparency• Exemplify humilityp y y• Show your support of others• Fulfill your promises• Be a giver, not a taker• Encourage participation (not manipulation)• Maxwell and Dornan, Becoming a Person of Influence, 1997

48

17

Political Capital

Definition:

Recognizing and using a form of g g gexchange; also known as quid pro quo or having money in the bank of chips with another person.

49

Three form of exchange

• Compliance for mutual benefit

• Compliance for costs

• Equivalent payment

50

Political Capital

Table: Group Exercise

51

18

Exercise #2

52

Questions to consider yourself

• Am I clear on what I really want?• Do I know what my ally needs, or how to find

out?• What resources do I have and would any

interest my ally?interest my ally?• Is our relationship positive enough to be able to

negotiate an exchange?• If not, how do I create sufficient trust to allow

exchanges to take place?• Does my interaction style fit with the style of my

ally? How can I change and be true to myself?

53

Tips for influencing others

• Assess the organizations involved• Understand the “big picture” beyond your

projectU d t d th ti f h• Understand the notion of exchange-obligations and debts

• Gather information relentlessly• Pay attention to others when you DON’T

need their help54

19

Tips

• Plant seeds ahead of time• Share information strategically• Learn about other people’s concerns“if you are highly skilled at dealing with

feelings, you are able to lead and influence. If you aren’t skilled at feelings, you have to resort to authority and personal power” Tom Rusk

55

Tips

• Respect special interest groups and try to gain their support

• Know when to use collaboration, bargaining and powerg g p

• Don’t lose sight of the goal- select your battles carefully

• Appreciate the time factor• Understand systems thinking, loops, not

lines56

Tips

• Role ambiguity and power don’t mix• Take the high road• Power doesn’t mean privilege• Be willing to change your perceptions and

show flexibility• Nose to the grindstone- no substitute for

hard work• Accept responsibility for the outcomes

57

20

Tips

• Remember, influence starts with what matters to your ally

• Understand performance and reputation are intertwinedare intertwined

• Remember it is often the most powerful position not to use the power you have

• Build a team before you need it

58

Positive Politics

• “the ability to influence the behavior of other with the purpose of achieving the shared goals of the individuals involved as well as those of the organization" Markwell as those of the organization MarkHoldin in Positive Politics)

• Knowing how things get done in an organization- either through established channels or by unconventional means

59

The Timid Personality

60

21

The Complainer Personality

61

Exercise #3

62

Forces of Conflict

• People• Bureaucracy• Time & Money• Politics• TACT

63

22

TACT

Employ TACT• How we Talk• How we Act• How we Change• How we Think

64

TACT – Talk

Meanings and Understandings• Words with similar meanings

65

Speak to be Understood(How You Talk)

• Do not expect people to read between the lines

• Expect what you projectY t h t t• You get what you expect

• Assume the best, give the benefit of the doubt

• Avoid “Jargenese”

66

23

67

68

TACT-Act

• Body language and tone of voice• Who is in the lead and does it matter?• What is the Objective?• Listening signals• Egos

69

24

TACT-Act

Do’s and don’ts– The Friday 5pm E-mail “Bomb”

• Vent, but DON’T SEND– Something lost something gained– Something lost, something gained – Phone etiquette– Body language– Listening skills– Be prepared

70

TACT - Change

• What if you are the….• How to Change Your Attitude

– Change Your ReactionsAlt i Y P ti– Altering Your Perspective

– Change Your Self-Talk– Model other successful individuals– Take responsibility for your perceptions and

reactions

71

TACT -Think

• Organizational Intent• Getting the Task Done• Getting the Task Right• It is a matter of Timing• Appreciation• Get what you give• Sharing Priorities

72

25

TACT Final Thoughts

• Find ways to build bridges• Leave the past behind• Agree on key deal points before details

– Identify criteria of value• Partnering Sessions

73

Exercise #4

74

Tools for Managing Conflict

• Probe for your counter parts constraints (staffing, budget, timing, priorities)

• Diagram organizational structures (yours vs theirs)vs. theirs)

• Write a description of your respective approval processes

• Build political capital at every opportunity• Be a creative problem solver

75

26

Tools for Managing Conflict

• Agree to a mutually acceptable schedule before getting over committed to an internal schedule

• Create a MOU if you have frequent• Create a MOU if you have frequent projects with a public agency

• Know when to fold and move to a different alternative

76

Conflict Resolution Plan

77

Course Summary

• Consequences of conflict• Forces of conflict• Unraveling conflict• Conflict to Resolution-Plan

78

27

The End

79


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