PM Magazine, April 2020 by PM Magazine

THE

CANNABIS ISSUE Local Impacts of Commercial Cannabis 14 Community Engagement 28 Social Media in Local Government 34 SPECIAL SECTION COVID-19 RESOURCES FROM ICMA icma.org/coronavirus

APRIL 2020 ICMA.ORG/PM

APRIL 2020 VOL. 102 NO. 4

F E AT U R E S

CONTENTS

State-by-State Marijuana Policies National Cannabis Industry Association

14 Grover Beach: Embracing the Commercial Cannabis Industry in a Safe and Thoughtful Manner How the Town Became the Cannabis Hub of the Central Coast Laura Goddeeris and Will Fricke, ICMA; Matthew Bronson, Grover Beach, California

20 A Closer Look at Cannabis in Juneau, Alaska An Emerging Market in a State with a Long Cannabis History Laura Goddeeris and Will Fricke, ICMA; Matthew Bronson, Grover Beach, California

24 Developing Local Commercial Cannabis Regulations Key Considerations for Local Governments

28 Community Engagement and Recruiting

The Missing Piece for Attracting Candidates Gerald Young, Center for State and Local Government Excellence

34 Social Media in Local Government: Leave or Experiment A Philosophical Look at How Best to Navigate the Online World Thomas A. Bryer, PhD, University of Central Florida, Orlando, Florida

International City/County Management Association

D E PA RT M E N T S 2 Ethics Matter!

Ethics on the Global Stage

10 ICMA Local Government Excellence Award Spotlight

The CivTechSA Program: Building a Community of Problem-Solvers in San Antonio, Texas

39 Professional Services Directory

SPECIAL SECTION: COVID-19

4 Letter from the Executive Director 5 New Data Estimates Local Governments Will Spend Up to $20 Billion On COVID-19 Actions 6 The New Normal: Communities Adjust to Conducting Business Remotely While Maintaining Citizen Input 8 IT Practices and Procedures to Consider in Cases of Extended Telecommuting 9 Why Local Leaders Need to Make a Personal Resilience Plan During a Crisis

34 APRIL 2020 | PUBLIC MANAGEMENT | 1

ETHICS MATTER!

Ethics on the Global Stage ICMA is but one force for ethical local government. The opportunity to travel or connect

MARTHA PEREGO, ICMA-CM, is director of member services and ethics director, ICMA, Washington, D.C. (mperego@icma.org).

with international peers drives home with clarity the understanding that what we have in common is far greater than what divides or differentiates us. Who does not strive for clean water and a safe environment? Or economic viability so that people can thrive? Or personal safety? Regardless of government structure, culture, or availability of assets, local government staff and leaders across the globe share a commitment to providing safe, sustainable, and viable communities for their residents. We also share one predilection that can torpedo those efforts: corruption. Corruption is an unfortunate, shared human condition that especially at the government level can inflict much misery and harm. In its worst form, it deprives the most vulnerable of their very basic human right to personal freedoms, liberty, and access to essential services. Imbedded into the structure and culture, pervasive systemic corruption undermines civil society, the development of good public policy, and where it exists, democracy. Patricia Moreira, managing director of Transparency International, describes it best: “Corruption chips away at democracy to produce a vicious cycle, where corruption undermines democratic institutions and, in turn, weak institutions are less able to control corruption.”

BY MARTHA PEREGO, ICMA-CM

Combating Corruption

Strategies to combat corruption stress more stringent laws, an independent judiciary for enforcement, maintaining a free press, and institution building. On that last component, local government professionals in all roles and at all levels can make a difference. In place for over 95 years, the ICMA Code of Ethics is now a defining characteristic of our profession here in the United States. It’s taught in graduate schools. Its principles are reinforced with elected officials in the hiring process and held as a commitment in employment agreements. ICMA members have demonstrated decades-long leadership in ethics. The ethical standards of U.S. local government are reinforced by the work of other professional associations. The American Planning Association (APA) adopted Ethical Principles in Planning back in 1992 to guide the ethical conduct for all who participate in the process of planning as advisors, advocates, and decision-makers. It presents a set of principles to be held in common by certified planners, other practicing planners, appointed and elected officials, and others who participate in the process of planning. Expertise in ethical standards is incorporated into APA’s certification process. The Government Finance Officers Association (GFOA) set out to reinvent its approach to ethics and adopted a revised set of ethical standards in 2019 to reinforce

Public Management (PM)

International City/County

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April 2020

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ICMA Creating and Supporting Thriving Communities ICMA’s vision is to be the leading association of local government professionals dedicated to creating and supporting thriving communities throughout the world. It does this by working with its more than 12,000 members to identify and speed the adoption of leading local government practices and improve the lives of residents. ICMA offers membership, professional development programs, research, publications, data and information, technical assistance, and training to thousands of city, town, and county chief administrative officers, their staffs, and other organizations throughout the world. Public Management (PM) aims to inspire innovation, inform decision making, connect leading-edge thinking to everyday challenges, and serve ICMA members and local governments in creating and sustaining thriving communities throughout the world.

the important role that finance officers play in building trust with the public. ICMA is not alone in promoting ethics at home nor on the global stage. The United Kingdom, New Zealand, and Denmark, for example, have developed codes to guide their members and other dedicated public servants in related professions. Common Themes

These codes use different approaches and different language, but they are based on remarkably similar principles that align with the tenets of the ICMA Code. Some of the common themes: • Personal integrity, honesty, and accountability. • Openness and transparency. • Impartiality and evidence-based decision-making. • Respect for the democratic process, the law, and the respective roles of elected and appointed officials. • Neutrality in partisan political matters. • Reporting ethical violations. • Stewardship of public and community resources. In 2019, ICMA worked with its newly affiliated partner, Association of Palestinian Local Authorities (APLA) to provide ethics training for 30 Palestinian city managers. One of the exercises was to define the core values of public service from their perspective. They defined the six most critical values as commitment, equity, integrity, transparency, responsibility, and loyalty. A Code for Senior Public Managers

The Society of Local Authority Chief Executives (SOLACE) in the United Kingdom worked with colleagues from nine other organizations of senior managers in local government to create the Local Public Services Senior Managers: Code of Ethics. It is applicable even to individuals who are bound by separate

2019–2020 ICMA Executive Board PRESIDENT

Jane Brautigam* City Manager, Boulder, Colorado PRESIDENT-ELECT

James Malloy* Town Manager, Lexington, Massachusetts PAST PRESIDENT

Karen Pinkos* City Manager, El Cerrito, California VICE PRESIDENTS

International Region

Tim Anderson Chief Administrative Officer, Waterloo, Ontario, Canada Sue Bidrose Chief Executive Officer, Dunedin City Council, New Zealand Robert Kristof City Manager, Timisoara, Romania

professional codes of conduct. The principles on which the SOLACE code is based are selflessness, integrity, objectivity, accountability, openness, honesty, leadership, and democracy. Sound familiar? Values and Rules of Conduct

Similarly, the New Zealand Society of Local Government Managers (SOLGM) has a Code of Ethics outlining the values of honesty and integrity, transparent stewardship, valuing diversity and respecting others’ rights, and continuous learning. The code includes rules of conduct that closely parallel those in the ICMA and SOLACE codes: avoid conflicts of interest, do not use the position for personal gain, be professional, address ethical lapses by other members, and work within the law. Dialogue and Duties

The Code of Quality and Ethics in the Public Administration prepared by Local Government Denmark sets forth seven standards, each with “themes for discussion” to encourage dialogue. The standards are legality, truthfulness, professionalism, party-political neutrality, responsibility and management, development and cooperation, and openness about errors. To help individuals relate the standards to their day-to-day work, the document presents questions centered on several “inspirational themes”: the basis, framework, and support of the political work and the professional’s role in policy development, external relations, implementing political goals and decisions, and handling the media. Finally, the document sets forth specific “obligations,” which are concrete examples of a professional manager’s duties. Associations supporting local government staff across the globe have a critical role in preventing corruption. They do so by setting high ethical standards, training on those standards, imbedding those standards into the operations of local government, and strengthening the ethical resolve of those working in local government to do what is right.

Midwest Region

Southeast Region

Wally Bobkiewicz* City Administrator, Issaquah, Washington**

W. Lane Bailey* City Manager, Salisbury, North Carolina

Clint Gridley* City Administrator, Woodbury, Minnesota Molly Mehner* Deputy City Manager, Cape Girardeau, Missouri

Laura Fitzpatrick* Deputy City Manager, Chesapeake, Virginia Michael Kaigler* Assistant County Manager, Chatham County, Georgia

ICMA Executive Director Marc Ott Director, Member Publications

Lynne Scott lscott@icma.org

Managing Editor

Kerry Hansen khansen@icma.org

West Coast Region

Newsletter Editor

Kathleen Karas kkaras@icma.org

Michael Land* City Manager, Coppell, Texas

Maria Hurtado* Assistant City Manager, Hayward, California

Graphics Manager

Delia Jones djones@icma.org

Design & Production

picantecreative.com

Raymond Gonzales County Manager, Adams County, Colorado

Edward Shikada* City Manager, Palo Alto, California

Northeast Region

Peter Troedsson* City Manager, Albany, Oregon

Mountain Plains Region

Heather Geyer* City Manager, Northglenn, Colorado

Matthew Hart* Town Manager, West Hartford, Connecticut Christopher Coleman* Town Manager, Westwood, Massachusetts Teresa Tieman* Town Manager, Fenwick Island, Delaware

* ICMA Credentialed Manager (ICMA-CM) ** Serving the region from a different location as is permissible in the ICMA Constitution.

FPO-FSC Logo

SPECIAL SECTION: COVID-19

LETTER FROM THE EXECUTIVE DIRECTOR

Dear Colleague, As this issue of PM was going to press, I asked that I might share a word with you given the extraordinary crisis we suddenly find ourselves in. With little warning, in the course of a month, COVID-19 has shaken our communities and changed our lives forever. As local government managers, you are uniquely qualified to address the unexpected because you encounter it every day. All of us at ICMA want you to be aware that the heroic and critical work you are doing is recognized, valued, and appreciated. We have never been prouder of you and your commitment to local government and the citizens of our communities. We stand ready to support you in any way that we can. ICMA has been responding to our community’s needs by developing a number of COVID-19 resources to assist local government professionals. I wanted to highlight those resources for you here: A continually updated news site: ICMA provides guidance and curated considerations for local preparedness and response at icma.org/coronavirus. Free teleconference series: These teleconferences feature experts discussing the current situation, as well as how to mitigate the impact of the coronavirus on your community and operations. Register for upcoming calls and find recordings of past calls at icma.org/coronavirus. Local Gov Life podcast series: The most recent podcast is “Impact on Public Health” with Dr. E. Oscar Alleyne, chief of programs and services, National Association of County and City Health Officials (NACCHO). Access the podcasts at icma.org/localgovlife. Free webinars: ICMA is offering both live and on-demand webinars with expert speakers weighing in. Learn more at icma.org/coronavirus. ICMA Connect: Our new online community is the go-to network to interact directly with your ICMA peers—ask questions, discuss issues other municipalities are facing, and offer your own input. ICMA Connect is now open to all members. Log in to the community at connect.icma.org. A direct line of communication about the crisis: We continue to learn from each other in these trying times and want to be as helpful as possible in sharing resources and offering convening opportunities. Send us your questions, suggestions, lessons learned, and resources to COVID19@icma.org. Hopefully you and your staff find these resources informative and helpful in this time of crisis. While we may not know what lies ahead, we do know that in this new and challenging environment, you have what it takes to succeed. Thank you for all that you have done and continue to do on a daily basis to build stronger communities. Regards,

Marc Ott

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BY LAURA GODDEERIS, ICMA DIRECTOR OF SURVEY RESEARCH

New Data Estimates Local Governments Will Spend Up to $20 Billion On COVID-19 Actions Survey of ICMA members conducted to inform stimulus negotiations on the needs of cities, counties, and towns. ICMA and its partners—the National Association of Counties, U.S. Conference of Mayors, National League of Cities, and the Government Finance Officers Association—have been advocating on behalf of local governments in the face of the COVID-19 pandemic. Cities and counties are on the front lines battling this unprecedented crisis. Local governments in parts of the country where the outbreaks first occurred have been especially hard hit. Seattle/King County, where the first community spread of the virus occurred at the CareFirst Nursing home, has spent $50 million so far. In just one week, the city of Westerville, Ohio, spent $7.5 million and that city’s annual appropriation ordinance for 2020 totaled $204 million. To get a better idea of the situation across the country, ICMA conducted an online survey of CAOs in mid-March; 750 member administrators responded, representing municipalities and counties of less than 1,000 residents to over one million. With just a few high-level questions, we captured several insights on the preliminary fiscal impacts of this crisis on local governments. Pre-COVID-19 Context

Based on fiscal years reported, we estimate that about half of all local governments will be going through their annual budgeting process within the next six months during this period of high uncertainty. The remainder will have to navigate the evolving situation given resource allocations established up to six months ago. Additionally, a survey conducted in late 2019 on disaster resilience and recovery revealed that only half of local governments have contingency or emergency funds budgeted to support crisis relief and recovery activities. The vast majority will rely on their general/unrestricted fund reserves until additional support arrives. Immediate impacts

Nearly 90 percent of local governments estimate spending less than $100,000 within the first two weeks of March on unanticipated COVID-19-related expenses. But 100 managers, representing communities of all sizes, estimated spending in excess of $100,000. Twenty respondents projected expenses five to ten times that amount, even topping $1 million in just two weeks.

Extrapolating our results out to a larger universe of local governments, we estimate that total immediate spending by local governments approaches $1 billion dollars. The most common unanticipated expenses due to the COVID-19 crisis forecast by most local governments include staff sick leave, staff overtime, and equipment and technology. Looking Ahead

The costs related to the COVID-19 situation will rise as the economy is grinding to a halt. Major revenue sources, such as sales taxes, development and permitting fees, facility and service charges, and hotel taxes are evaporating. As one respondent noted, “All the things are crashing.” Based on survey projections, 60 percent of local governments now anticipate spending up to $500,000 in the next six months on COVID-19-related expenses. Twenty-one percent anticipate spending up to $1 million, 16 percent anticipate spending up to $5 million, and 3 percent expect to spend over $5 million in just six months. Our back-of-the-envelope extrapolations of projected spending estimate a total of between approximately $7 billion and over $20 billion over the next six months on COVID-19-related expenses by just 14,000 local governments—which doesn’t even account for special purpose districts and other smaller units. These are estimates in a rapidly shifting environment. But they were unexpected and the financial impact will continue to stress our communities and our employees. As basic expectations about our daily lives are being dismantled and we adapt to a new normal, residents are counting on their local governments to exercise leadership, deliver services, and ensure a safe and supportive infrastructure surrounds our social distancing. Many local leaders are being held up as bright spots in the fight against an invisible enemy. This survey begins to shine a light on the financial burden that will increasingly constrain their abilities to respond, unless and until relief arrives. For additional information, visit ICMA’s Coronavirus Resource page at icma.org/coronavirus.

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SPECIAL SECTION: COVID-19 BY PATRICIA VINCHESI, , ICMA NORTHEAST REGIONAL DIRECTOR

The New Normal: Communities Adjust to Conducting Business Remotely While Maintaining Citizen Input Key questions to answer and other factors to consider.

ith the emergence of COVID-19, the past few weeks have witnessed a flurry of activity around the delivery of essential municipal services. How do local governments continue operations when city, county, and town halls have been shuttered to public meetings? How do officials continue to make time-sensitive decisions, while at the same time ensuring the safety and wellness of employees, community leaders, and decision-makers? Local government officials have acted quickly to implement protocols and procedures for staff to work remotely and for the business of the municipality to be conducted by persons outside the four walls of town hall. But the process of local government requires that citizens have input and participation in the deliberation and decision-making process. How have local governing bodies adapted to affording the public an opportunity to be engaged and participate in this new paradigm of local governing? Where to begin? ICMA staff observed how small, large, urban, and rural cities, counties, and towns adjusted to this new remote existence and have compiled some best practices to share. But before that, what are some key questions to answer and other factors to consider?

1. What Platform Should We Use?

There are a variety of choices out there, some are free and some require purchase. All will depend on having the proper IT equipment and connections. Zoom, Collaborate, WebEx, YouTube, startmeeting.com, Skype, Pro-Connect, Slack, Microsoft Teams, Facebook Live, are just a few being used. Be careful to research any restrictions each platform may have, such as time or participant restrictions. If moving online is currently unavailable to you, the city of Worthington, Ohio, implemented social distancing measures at its city council meeting by seating public, council, and staff six feet apart. 2. Is There a Low-Tech Solution?

It is possible to conduct business and solicit feedback without a platform. The town of Easton, Massachusetts, asked residents to call into a conference line number and placed the local cable access microphone by the conference phone. Connor Read, town 6 | PUBLIC MANAGEMENT | APRIL 2020

administrator, said “Having a bare-bones and low-barrier for entry was helpful.” The city of Palo Alto, California, asked residents to view online and email questions and testimony. It is can be useful for residents to have an easy solution to engage. Some communities also reported success streaming meetings using WebEx and YouTube for comments with a direct feed by their cable access. 3. Determine What Meetings You Can and Can’t Cover.

During this time of uncertainty, you can’t hold every board and committee meeting. Only essential business should be happening for the immediate short-term. In most cases, the most critical are going to be the executive authority (council, commissioners, select boards), local health commissions, and any emergency planning committees, if appropriate. The city of Maplewood, Minnesota, has canceled most of its board and commission meetings over the next few weeks while continuing with scheduled city council meetings. 4. Legal Requirements Still Apply.

Post the agenda, record the meeting, take minutes. These requirements still exist whether the meeting is held remotely or not. Most states have or are in the processing of developing guidelines for how public bodies should operate during the next several weeks, and some of these guidelines might change. For example, Pennsylvania’s Office of Open Records and the California Governor relaxed requirements to allow municipalities to host online official meetings via two-way communication platforms. Keep in contact with your state office for changing requirements. 5. Pre-Testing/Trial Runs are Critical.

Many first-time users of remote meetings reported epic fails. Make sure you leave enough lead time to become familiar with how it is used for you, your staff, and your

elected officials. One community had a trial run with a small committee before it did its first large council meeting. 6. Have a Script for Public Participation at the Meeting and the Rules for Engagement.

The town of Arlington, Massachusetts, created this guideline for both elected officials and the public for conduct of its meetings and public participation. Keep the instructions simple and easy to understand. Failure to mute audio or loud feedback can sabotage even the best laid plans to involve the citizenry.

7. Staffing.

Have extra staff on hand to monitor questions from the public and act as troubleshooters during the meeting. This allows the manager to be focused on working with officials during the meeting to get the business agenda accomplished. The need for managing staff and operations from dispersed locations for an indeterminate amount of time arrived with scant warning. But as local government managers we regularly encounter the unexpected, unanticipated, and untested. And in this new area of service, we will succeed as well. For additional information, visit ICMAâ&#x20AC;&#x2122;s Coronavirus Resource page at icma.org/coronavirus.

APRIL 2020 | PUBLIC MANAGEMENT | 7

SPECIAL SECTION: COVID-19 BY ICMA IT STAFF

IT Practices and Procedures to Consider in Cases of Extended Telecommuting Important questions to consider in case staff need to telework for an extended period of time.

ith the confusion and evolving information deluge prompted by the Coronavirus outbreak, this is an important time to examine some IT practices and procedures and determine what can be done to provide services and security during such crises. A good starting point is the Department of Homeland Security’s CISA insights for coronavirus risk management, found at cisa.gov/insights. For those organizations that haven’t thought out a telecommuting plan in case staff need to telework for an extended period of time, now is a good time to determine which systems work and which systems don’t work for telecommuting. Some of the important questions: •

What extra security risks are entailed with remote staff? If staff are taking laptops home, your office firewall is no longer protecting them.

•

Do you have adequate remote connections to the office? If not and all staff connect remotely, services and productivity may suffer, and staff without connections might be subject to forced leave time.

•

Is your telephone system fully mobile? Consider options to have your major help numbers answerable by teleworking staff.

•

Is each staff member provided with laptops that they take home daily as a regular policy? It doesn’t help if all of your staff are suddenly tasked to work remotely and half of your staff leave their computers at the office. If you’re trying to keep your staff mobile-ready, you want a policy that ensures that they have their laptops home every night.

•

Do remote staff have access to all systems needed to keep them productive and keep the critical systems running? Consider how systems need accessing and design secure connections to them through your VPN.

Security is also at higher risk during crises. The current Coronavirus concerns greatly increase the chance of a staff member falling for a phishing attack. Security awareness training is more important than ever as the first line of defense to keep your systems secure. A Coronavirus phishing email can turn into a 8 | PUBLIC MANAGEMENT | APRIL 2020

major ransomware attack, and now you’re dealing with two crises instead of one. Are your systems as secure as you think they are? Do you have backups, and are they safe from the same hack? More than one organization had its main files encrypted by ransomware, then the same “bad actor” accessed the backups and deleted them. Don’t let Coronavirus concerns cause a different but more dire IT concern through increased ransomware risk. If you don’t have a current security awareness training program, this is the time to push for it and implement it as soon as feasible. What you can do immediately is follow the cybersecurity recommendations in the CISA Insights article (cisa.gov/insights), but you should elevate that to full security awareness training and testing as soon as possible. Do you have emergency contact systems in place for employees to contact in case of emergency? If you have the budget, you can also incorporate an emergency contact system for citizens as well. This is also the time to test your backups, which means also testing data restores. Do you have a current business continuity plan in place for IT? Now is the time to review and update it if needed. Many organizations don’t take into account third-party supply chain issues. Supply chain vendors are any outside vendors that you depend on for daily operations. It could be your hosted website, your financial system, equipment, and fuel providers, etc. What happens if any of these are affected by their own staffing issues? Even if you believe your organization to be fairly secure, your vendors’ security affects your organization, if they host staff or citizen information or financial data. Consider implementing third party security monitoring to help alleviate these concerns. You need to know if your vendors are a risk for your organization. Many of the priorities of the Coronavirus crisis are also everyday IT concerns, so use this time to not only prepare for this crisis, but build the tools and systems you need for every other day. For additional information, visit ICMA’s Coronavirus Resource page at icma.org/coronavirus.

BY RON CARLEE D.P.A.

Why Local Leaders Need to Make a Personal Resilience Plan During a Crisis No two crises are the same and no two communities are the same, but lessons from the past can help inform a novel situation.

ity and county managers who have been through major disasters have a common refrain: “We had never seen anything like this!” Now, in 2020, COVID-19 is a biological crisis on a scale not experienced in this generation, challenging not just a single community but challenging all communities across the nation. No two crises are the same and no two communities are the same, but lessons from the past can help inform a novel situation.

1. Take Care of Yourself.

In a crisis, managers and their senior staffs have a tendency to overwork and set a bad example, and risk making bad decisions from fatigue. COVID-19 will be the longest marathon that any manager has ever run. Now is the time to establish a personal care plan: Limit your work hours, eat nutritious food, get plenty of sleep, find a distraction, exercise, and don’t forget to breathe. 2. Take Care of Your Family.

During the 24/7 nature of normal manager work, many ignore their families. Managers frequently fail to realize that their family members vicariously experience the pressure and stress that they see in the manager. When managers get home, they are tired and want to rest and get some distraction (as encouraged above). Spouses, however, want to know how the day went and how they can help. Talk about what each other needs and how you can work to stay a team. 3. Take Care of Your Staff.

The dedication of local government staff provides the motivation and inspiration for managers to continue. You cannot tell them enough how much you appreciate them. Help them also understand that COVID-19 is a marathon for everyone. It is also a crisis that puts all responders at risk, including the manager and council. Policies for personal protective equipment must be rethought to cover many more workers. Have a solid plan that is communicated to staff about how they will be cared for.

4. Take Care of the Community — Communicate.

Some communities are going to be traumatized and most are already living in fear. Local leadership, especially the elected officials, need to be equipped with sound, fact-based messaging that can be mutually reinforced across the community. Let people know that the local government is doing all that it can, that there is hope, and that together we can get through this. 5. Take Care of Each Other.

The only people who truly know what the life of a manager is like are other managers. ICMA and state associations provide networking opportunities for managers to get to know each other. Take advantage of the network. Ask for help. Offer help. Years ago, my wife and I heard a sermon on Moses and how on the 40-year journey to the Promised Land, the people he led whined, complained, and acted out in outrageous ways. The minister suggested that when we are feeling overwhelmed, angry, or annoyed, we should remember Moses. Over my years as manager, when things would get tough, my wife would put a note in my satchel saying simply, “Remember Moses.” COVID-19 will not likely be a 40-year march through the desert, but it will feel like it. Society has endured worse and we will endure this. Doing so will require the leadership and examples set by professional city and county managers. Take a moment to reflect and establish your plan for personal resilience. Your family, your organization, and your community need you at your best for this long, grueling marathon. For additional information, visit ICMA’s Coronavirus Resource page at icma.org/coronavirus.

APRIL 2020 | PUBLIC MANAGEMENT | 9

ICMA LOCAL GOVERNMENT EXCELLENCE AWARD SPOTLIGHT

The CivTechSA Program: Building a Community of Problem-Solvers in San Antonio, Texas

San Antonio, Texas—2019 Recipient, Program Excellence Award, Community Partnership (50,000 and Greater Population) CivTechSA is an award-

winning program involving a partnership between the city of San Antonio’s Office of Innovation and Geekdom, a co-working space and leader within the local entrepreneur and technology community. The CivTechSA program looks to build a city of problemsolvers by working with entrepreneurs and students to find workable solutions to current civic challenges, and actively grow the startup and technology ecosystems in San Antonio. The program achieves its mission by working with city departments to identify challenges and outsource those challenges to the appropriate pillars of the program: (1) sixth to twelfth grade, (2) higher education, (3) entrepreneur, and (4) residency. CivTechSA features four influential events that occur throughout the year: Ideathon, Datathon, Start-Up Weekend, and the Residency Program. Ideathon allows participants to share new ideas for solutions to city challenges, along with guidance from an industry expert. Teams compete for an award based on the viability and potential of the solutions they recommend. Datathon provides organizations an opportunity to share datasets with the public in order to connect communities, ideas, and data

to improve the quality of life for citizens. Challenges focus on affordability, environmental quality, and access to services. Start-Up Weekend lets teams of participants form around civic-technology themes to develop prototypes and business models that solve challenges. This year’s theme was “Smart Cities.” In the Residency Program, the city invites startups to address civic challenges. A selection committee chooses two to three startups to be embedded in city departments to collaborate and build custom solutions. The program partnership is managed and maintained in accordance with a contractual agreement under which the city of San Antonio agrees to pay Geekdom an annual amount based on the scope of services provided and the achievement

10 | PUBLIC MANAGEMENT | APRIL 2020

of measurable outcomes. Geekdom is assessed on specific key performance indicators. CivTechSA has garnered substantial media coverage and has seen consistent growth in audience and visibility. City departments have adopted solutions developed through CivTechSA. For example, Kinetech Cloud, a cloud-native company, worked with the city of San Antonio’s Department of Human Services to enhance and streamline the application system for residents seeking utility assistance. In 2017, Geekdom and the city of San Antonio’s Office of Innovation recognized a need to involve residents in discussing solutions to challenges they faced. This initiative served to create a tech-talent pipeline by engaging students and entrepreneurs within the civic technology

industry. It also educated the public about the role the city plays in growing local tech talent to help improve the community’s quality of life and access to services. The CivtechSA program is a pathway for once-siloed industries to learn from and understand one another. The program gives leaders in technology an appreciation and awareness of government leaders who share their mission of giving back to the community. The program invites San Antonio’s youth and entrepreneur communities to truly participate in the solution-making process for challenges faced by the city. The CivTechSA program demonstrates the inclusivity, integrity, and compassion of city leaders working together to help move San Antonio forward.

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STATE-BY-STATE MARIJUANA POLICIES WASHINGTON

The Washington medical program was subsumed into the recreational program. Recreational stores are open. In October 2018, the Washington State Liquor and Cannabis Board published further requirements for edibles and their labeling and packaging. 2018 Adult Use Sales: $1.2B 2022 Projected Adult Use Sales: $1.5B

OREGON

There are currently dozens of bills in the state legislature concerning medical and adult-use cannabis. One of which, S.B. 639, would authorize the Oregon Liquor Control Commission (OLCC) to regulate the consumption and sale of cannabis at temporary events and at specialty lounges. 2018 Adult Use Sales: $553,000,000 2022 Projected Adult Use Sales: $848,000,000

CALIFORNIA

The state has had some form of medical cannabis laws since 1996, but until now there has been no state regulatory oversight. The California State Legislature passed a bill in June 2017 that integrated MCRSA with AUMA to create the Medicinal and Adult‐Use Cannabis Regulation and Safety Act (MAUCRSA). Under MAUCRSA, a single regulatory system governs the medical and adult use cannabis industry in California. 2018 Adult Use Sales: $3.1B 2022 Projected Adult Use Sales: $7.6B

NEVADA

Voters approved adult-use legalization in November 2016. The Regulation and Taxation of Marijuana Act specified that, for the first 18 months of the program, only existing medical marijuana establishment certificate holders can apply for a retail marijuana establishment license. 2018 Adult Use Sales: $317,000,000 2022 Projected Adult Use Sales: $615,000,000

ALASKA

Alaska’s first recreational sale took place in late 2016. The state’s recreational program is in the process of issuing more licenses. The legislature passed a law in 2016 that allows municipalities to prohibit recreational cannabis licenses. Beginning in March 2019, on-site consumption of cannabis is allowed at licensed retailers, but can be banned by local governments. 2018 Adult Use Sales: $28,000,000 2022 Projected Adult Use Sales: $119,000,000

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COLORADO

Colorado has some of the most extensive experience in terms of administering a robust state regulatory structure. However, its laws continue to change. 2018 Adult Use Sales: $1.3B 2022 Projected Adult Use Sales: $2.1B

MAINE MICHIGAN Michigan voters approved Proposition 1 on November 6, 2018, making it the 10th state to legalize recreational marijuana. Proposition 1 allows adults over age 21 to use marijuana recreationally and grow up to 12 plants, sets a 10-ounce limit for cannabis stored in residences, and establishes a state licensing system for marijuana businesses. A 10% tax is imposed on all marihuana (as its spelled in Michigan laws) sales, which goes toward education, transportation infrastructure, and local governments. 2018 Adult Use Sales: N/A 2022 Projected Adult Use Sales: $663,000,000

On May 2, 2018, the Legislature overrode the governor’s veto of LD 1719, An Act to Implement a Regulatory Structure for Adult Use Marijuana. The law will facilitate “the development and administration of a regulated marketplace in the State for adult use marijuana and the regulation of the personal use of marijuana and the home cultivation of marijuana for personal adult use pursuant to the Marijuana Legalization Act.” 2018 Adult Use Sales: $0 2022 Projected Adult Use Sales: $237,000,000

VERMONT

The Marijuana Advisory Commission has completed a statewide listening tour and will compile a report on how to create and implement a regulated and taxed market. S. 54, which would establish the Cannabis Control Board as the state’s regulatory body for a legal cannabis market, was passed by the Senate in February. 2018 Adult Use Sales: $0 2022 Projected Adult Use Sales: $64,000,000

MASSACHUSETTS

In September 2019, the state approved cannabis delivery, along with the requirement that delivery personnel must wear body cameras to ensure safety. Eight retail licenses have been issued thus far to businesses that already have medical dispensaries in the state. Attorney General Maura Healey ruled that local officials can unilaterally prohibit cannabis businesses for another year without polling residents. 2018 Adult Use Sales: $215,000,000 2022 Projected Adult Use Sales: $1.1B

ADULT-USE MEDICAL LIMITED

ILLINOIS

Illinois House Bill 1438/Cannabis Regulation and Tax Act was approved by both houses on May 31, 2019, and went into effect January 1, 2020. The bill legalizes and regulates the production, consumption, and sale of cannabis in Illinois. Illinois now has operating dispensaries. 2018 Adult Use Sales: N/A 2022 Projected Adult Use Sales: N/A

Used with permission from the National Cannabis Industry Association. For more information, visit https://thecannabisindustry.org/ncia-newsresources/state-by-state-policies/.

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GROVER BEACH BY LAURA GODDEERIS, WILL FRICKE, AND MATTHEW BRONSON

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EMBRACING THE COMMERCIAL CANNABIS INDUSTRY IN A SAFE AND THOUGHTFUL MANNER How the Town Became the Cannabis Hub of the California Central Coast

rover Beach is a small bedroom community of 14,000 residents on California’s Central Coast, located along the iconic Pacific Coast Highway 1 and U.S. Highway 101, halfway between San Francisco and Los Angeles. The seaside city, along with the neighboring cities of Pismo Beach and Arroyo Grande and the wineries of San Luis Obispo County, is a popular tourist destination. The city of Grover Beach’s initial efforts to regulate commercial cannabis activities trace back to late 2015, after the state passed a package of bills outlining new medical cannabis regulations. California local governments were under the direction from the state to pass land use regulations that regulated or prohibited commercial medical cannabis activities; if local governments did not do so, the state would become the sole licensing authority in that municipality. The ultimatum caused many local governments, including Grover Beach, to pass indefinite or permanent moratoriums on commercial medical cannabis activities by the state’s March 1, 2016 deadline. However, while the moratorium was in effect, the Grover Beach City Council directed City Manager Matthew Bronson and his staff to draft regulations and a proposed tax structure for the purpose of allowing commercial medical cannabis activities in the future. Such activities were seen by the city council as an economic opportunity for the city APRIL 2020 | PUBLIC MANAGEMENT | 15

Regulation Development

Between November 2016 and May 2017, Grover Beach crafted broad regulations that would allow a wide range of commercial medical cannabis businesses in the city in a safe and responsible way. Cannabis was on the agenda of multiple public workshops and approximately 10 to 15 planning commission and council meetings, drawing the largest turnout ever for a council meeting in January 2017. Public engagement has decreased substantially over time, even though the regulations established in May 2017 continue to be modified to reflect changes made at the state level and the needs of Grover Beach. While initial regulations were limited to commercial medical cannabis

activities only, in May 2018, they were expanded to the recreational or adult-use market through a series of amendments ultimately approved on the council’s consent agenda. The city allows every type of commercial cannabis license including cultivation, processing/manufacturing, testing, distribution, and retail. All cultivation must be conducted in an enclosed indoor space; both outdoor and greenhouse cultivation are explicitly prohibited in Grover Beach given concerns about security and ensuring architectural compatibility with buildings in an industrial zone. (Other cities ban greenhouse cultivation due to operating hours enforcement and the potential for a dispute over the definition of a greenhouse.) Like some other built-out or compact cities, Grover Beach chose to reduce certain sensitive-use setbacks—in this case, setbacks related to youth centers. This is because the state’s default setbacks would have resulted in a de facto ban on commercial cannabis businesses given the proximity of existing youth centers and other sensitive uses to industrial zones where cannabis

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businesses would otherwise be allowed. With local regulations still restricting cannabis businesses to industrial areas, the city felt comfortable in determining reasonable setback requirements knowing that the city’s regulations would help meet community safety needs. In addition to stringent cannabis-specific safety and security measures that exceed

GROVER BEACH MANDATES THAT COMMERCIAL CANNABIS BUSINESSES MAKE PUBLIC IMPROVEMENT TO THEIR PROPERTIES TO MEET CODE REQUIREMENTS, SUCH AS FIXING CURBS, SIDEWALKS, AND LANDSCAPING. Photo provided by Matthew Bronson

in attracting private investment and providing additional jobs and tax revenue. The tax structure, which covered both medical and recreational cannabis businesses if also allowed by state and local laws, was approved by 70 percent of voters in November 2016— the same election in which the statewide proposition to legalize recreational use passed.

the state’s requirements, Grover Beach mandates that commercial cannabis businesses make public improvement to their properties to meet code requirements, such as fixing curbs, sidewalks, and landscaping. This mandate is due to commercial cannabis businesses needing a discretionary use permit to operate in contrast to “allowed” uses that do not trigger the same level of code requirements. City Manager Bronson described these required improvements as an opportunity to “raise the bar” on the development standards and aesthetics of the city’s industrial areas. Due to the strength of the retail applicants and stringent regulations, Grover Beach increased its original cap of two retail businesses set in May 2017 to a cap of four in December later that year. As of March 2020, the city has issued a total of 30

An Economic Development Opportunity

Grover Beach has become a production, distribution, testing, and retail hub on the Central Coast for boutique cannabis products due to the city’s available industrial land, proximity to major highways, and array of products already being produced in the area. Beginning with the opening of its first cannabis retail facility in May 2018, followed by additional retailers, Grover Beach has the only commercial cannabis retail locations for well over 100 miles. These locations are seeing a significant increase in business from locals, as well as from tourists heading to the adjacent Pismo State Beach, many of whom are from California’s Central Valley where there are more limited commercial cannabis locations. Grover Beach has made a market-based choice to embrace the commercial cannabis industry in a

number of businesses, jobs, and tax revenue due to the influx of commercial cannabis. The coastal California city will be looking at multiple metrics for judging the initial success of commercial cannabis, mainly tax revenue and the number of new businesses and jobs created. Grover Beach’s tax structure is a five-percent tax on gross retail receipts and three percent on gross receipts of manufacturers, distributors, and other commercial uses. It also includes a $5.00 per square foot tax on cultivation uses. One of Grover Beach’s objectives was to not tax cannabis businesses back into the underground economy. The five-percent tax on gross retail receipts was originally 10 percent, as approved by the voters. The city council lowered the rate in order to follow the general rule of thumb to not exceed a 30-percent effective tax rate on an industry, though that is a challenge given rising state

taxes on commercial cannabis businesses. Total revenues from commercial cannabis businesses have been sizeable. In the first full year of implementation in fiscal year 2018–19, the city generated approximately $950,000 in cannabis tax revenues and is on track for generating an estimated $1.8 million in fiscal year 2019–20, along with additional sales tax revenue. This cannabis tax revenue equates to nearly 15 percent of the city’s total general revenues, which is particularly noteworthy since this revenue just began in the previous year. The city has been both cautious in its cannabis revenue estimates, as the actual revenues have exceeded estimates; and cautious in the use of this new revenue as the commercial cannabis industry evolves. As a result, the city is primarily using this new revenue for one-time needs, such as capital improvements and paying

Photo provided by Matthew Bronson

permits for cannabis businesses, including four retail permits. Eleven businesses are currently operating with four businesses currently under construction and seven more in building plan check.

thoughtful and safe manner. Existing businesses in the city are generally supportive of the move to allow commercial cannabis development, but there have been impacts from this changing market condition. The intention to create a free and open market for commercial cannabis caused significant speculation with rising land value in the industrial park area, along with rents for existing business owners. While these values have leveled off, some businesses have had to relocate to other parts of the city, and some have left Grover Beach entirely. However, with the newly created cannabis industry, a synergy has been created among the existing businesses that has lured additional services such as testing labs and cannabis manufacturing expansion to the city. Based on this synergy, the city expects a significant overall net increase in the

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down pension liabilities, rather than funding ongoing service increases. Key Observations

Grover Beach moved forward with the intention of treating this industry as a major economic development opportunity. The relative equidistance between Los Angeles and San Francisco, lack of commercial cannabis activity in the area, and available industrial land marked Grover Beach as an ideal location for commercial cannabis businesses to open distribution and manufacturing operations along with retail facilities. While motivated by economic development, the city’s approach has been measured. Grover Beach has leveraged its industry assets to gain additional value from these businesses through required property

improvements. At the same time, the city has continued to adapt its tax scheme to ensure the businesses aren’t driven back underground, and has generated significant tax revenues that help fund community improvements. It is also worth noting two risks of making this industry part of an economic development strategy. First, the industry continues to exist in the shadow of the federal government. Manager Bronson notes that any new or more aggressive enforcement has potential for a “chilling effect” on the industry both statewide and in Grover Beach. The inability of cannabis businesses to use the banking system, given federal restrictions, is a related challenge given the scale of the multi-billion-dollar cannabis industry. Second, the continuation of underground

cannabis businesses that are not permitted, regulated, or taxed is an impediment to creating and sustaining a viable legal industry with businesses adhering to prudent regulations. Thus far, however, Grover Beach has instituted a thorough interdepartmental process to develop and tweak regulations that have helped the public and business community to buy in. The public has since complimented the city on how regulated the industry is, and as a result, has been supportive of its local growth. Evidence from this case and others suggests that starting with stringent regulations on commercial cannabis, and slowly relaxing them until the desired outcome is reached, is a more effective method than attempting to tighten already relaxed regulations.

This is an updated version of “Case Study: Grover Beach” from Local Impacts of Commercial Cannabis, published by the International City/County Management Association (ICMA), September 2018. For the full report, visit https://icma. org/documents/commercialcannabis-report.

LAURA GODDEERIS is director of survey research, ICMA, Washington, D.C. (lgoddeeris@icma.org). WILL FRICKE is assistant program manager, global program management, ICMA, Washington, D.C. (wfricke@icma.org). MATTHEW BRONSON is city manager, Grover Beach, California (mbronson@ groverbeach.org).

Profiles of

Leadership and management in action “The ICMA Voluntary Credentialing Program is critical for my ongoing

professional development. The program provides guidance and accountability while honing my skills as a local government manager. It is an honor to show this commitment through ICMA to the communities we serve.”

— Greg McDanel, ICMA-CM City Manager, City of Maryville, Missouri

Demonstrate your commitment to professional development and lifelong learning. Join the growing number of those who have earned the ICMA-CM designation. ICMA Credentialed Managers are viewed with growing distinction by local governing bodies and progressive, civically engaged communities.

For more information, visit icma.org/credentialedmgr View a list of credentialed managers and candidates at

icma.org/credentialed

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A CLOSER LOOK AT

CANNABIS in Juneau, Alaska An Emerging Market in a State with a Long Cannabis History

BY LAURA GODDEERIS AND WILL FRICKE

uneau is a rainy and temperate city, with its population largely located along the banks of the Gastineau Channel or in the Mendenhall Valley. Over one million tourists arrive in Juneau annually to visit the Mendenhall Glacier and surrounding landscape. The Alaskan legal landscape and popular opinion regarding marijuana have fluctuated for over forty years. In 1975, the Alaska Supreme Court ruled that the personal use of a small amount of marijuana was constitutionally protected by the Alaskan Constitution’s right to privacy clause.1 In 1990, a passed ballot initiative recriminalized marijuana in the state, a law that was once again overturned by the courts, this time the Alaska Court of Appeals, in 2003. Just three years later, with Governor Frank Murkowski at the helm and emboldened by a political environment emphasizing “family values,” the Alaska state legislature recriminalized marijuana, this time as a misdemeanor punishable by jail time.2 This law stood until the most recent marijuana ballot measure passed in November 2014, allowing possession of up to an ounce of marijuana and legalizing the commercial retail sale, manufacturing, testing, and cultivation of marijuana products.3 This ballot initiative is seen as an attempt to regulate marijuana in a similar manner to alcohol. Juneau taxes retail marijuana at an 8-percent effective rate, with identical language and effective tax rate for alcohol sales. According to Jeff Rogers, finance director for city and borough of

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Early Issues

Juneau, revenue from the three-percent marijuana tax and five-percent sales tax totaled $421,169 in 2018, jumping to $739, 055 for 2019.4 Juneau’s motivation for allowing commercial marijuana businesses in the city was twofold. The simplest reason is that voters wanted it. Officials also hold the belief that being overly restrictive would encourage black market sales. After the 2014 ballot initiative was supported by 63 percent of Juneau voters, the City and Borough of Juneau immediately passed an elevenmonth moratorium period on marijuana businesses; this was eventually extended to thirteen months to give time for a marijuana committee made up of assembly and planning commission members to work through the pending issues.5 In this period, Juneau passed three ordinances: amending its indoor smoking ban to include marijuana, amending the “driving under the influence” definition to include marijuana, and amending the land use code to include regulations for marijuana businesses. Following the moratorium, Juneau passed additional regulations regulating marijuana oil extractions,

allowing marijuana commercial business licenses, and requiring ventilation systems that prevent odor from being detected outside the premises. One of the marijuana committee’s key early decisions was to not cap the total number of licenses, effectively allowing the market to determine how many marijuana businesses Juneau could support. With this approach, it took about one year for the local market to approach equilibrium. The next decision made was zoning for retail, manufacturing, and testing. Commercial property in Juneau is generally not in conflict with sensitive uses, leaving those categories of commercial marijuana businesses generally unrestrictive within commercial zoning. However, the governing body and community of Juneau struggled with zoning on cultivation. Commercial cultivation is permitted in large-lot rural residential zoning to supplement Juneau’s limited industrial and commercial property. Local leaders cited strong citizen support of the state legalization measure in their decision.6 Despite fears of unintentionally zoning cultivation out of the market by restricting it to only commercial

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and industrial zones, all current cultivation businesses are located in nonresidential zones by happenstance, without complaints from residents. Many residents feared an influx of crime surrounding new marijuana businesses, something that did not materialize. Nevertheless, Juneau may ultimately restrict cultivation in the residential zones in the future because of the evidence that it would not be a burden on the industry. All cultivation in Juneau is indoors. The state of Alaska allows outdoor cultivation, though the climate and terrain are often less than ideal for it. Wide open spaces that are both suitable for large farms and far enough from residential areas are nearly nonexistent in Juneau. Outdoor or “sunlight” cultivators do exist in the Fairbanks area of the state, where the terrain and weather are far friendlier to outdoor crops.7 Alaska’s state guidelines do not provide guidance on regulating onsite consumption of marijuana products. Juneau does not allow onsite consumption in an attempt to ensure its public smoking ban is not undermined. However, the city will be watching for state-level changes on the issue. In the future, there may be an opportunity to consider allowing sites with cultivation or manufacturing and onsite tasting, similar to many breweries and distilleries.

While Juneau does allow testing labs, none exist in Juneau due to the difficulties of traveling to and from the city. There are no roads that connect Juneau to the outside world; all travel takes place through air and sea, and all facets of marijuana in Juneau have some associated transportation issues. The retailers in Juneau all grow their own products, but the most convenient testing facilities are in Anchorage, necessitating a 90-minute flight. That flight caused some minor problems. Alaska state troopers are under a directive to facilitate the intrastate transportation of marijuana and to make sure transporters follow the law. Early on and without direction from the state, Juneau local police were advising commercial pilots at the municipally run airport about marijuana in their cargo as a professional courtesy, believing that it was appropriate to advise the pilots of the breach of federal transportation laws. The practice was ended after police determined that the notification was unnecessary and contradictory to the effort to regulate marijuana similar to alcohol. An early, unintended consequence of introducing a legal marijuana market was black-market sellers targeting tourists who passed by the marijuana retail storefronts after hours. Eventually, the problem was dealt with by the retail business owners who witnessed the problem on their security cameras, and the need for local police involvement was and remains minimal. With more urgent concerns related to opioids, methamphetamines, and heroin, enforcement of marijuana violations by the

state and local police takes a back seat to the more serious drug use problems in Alaska.8 Overall, the local police work well with the marijuana businesses and assist with maintaining successful best security practices, treating commercial marijuana like any other business. Another concern, which is commonly reported by local governments in states with legalized commercial cannabis, is the odor. “We definitely smell weed in public more often since legalization,” said Rorie Watt, city manager of Juneau since 2016. However, the odor is reduced when those partaking in public do so through the use of a vape pen. “A big percentage of public usage comes from the many users who are vaping which barely puts out an odor.” Watt reports that the sale of vape cartridges

is an unexpectedly large part of Juneau’s marijuana retail business. “The cartridges are small and easy to discreetly use and transport.” Effects on Other Industries

One of Juneau’s biggest economic drivers is tourism, with over one million cruise ship passengers visiting Juneau in 2017 to take in the glaciers and picturesque islands, as well as spend money at local businesses.9 On any given day, tourists outnumber residents in Juneau’s downtown area. An early concern was that some tourists would take the marijuana they buy to the parks, in violation of Juneau’s public smoking ban. This concern did not end up materializing, either due to education about the public smoking ban or tourists being too busy with excursions. Juneau has a medium-sized

Community Profile:

City and Borough of Juneau Population (2018): 32,113 Land Area (square miles): 2,701.93 Median Household Income: $88,213 Marijuana Revenue Received Through the 3% Marijuana Tax and 5% Sales Tax: Fiscal Year 2018: $421,169 Fiscal Year 2019: $739,055 Sources: United States Census Bureau; and Jeff Rogers, Finance Director, City and Borough of Juneau

cadre of indoor vegetable growers, who do not appear to be affected by the marijuana growers. Marijuana growers tend to be more technology reliant and have more stringent security requirements, causing the overlap in desired properties and infrastructure to be minimal. Key Observations

While Juneau proceeded with marijuana regulation primarily to implement the will of the people and reduce black market activity, several local economic development opportunities have emerged. Transportation challenges and the accompanying limited market potential have limited interest from nonresidents. As a result, the industry has provided a Juneau-centric business opportunity for local residents. Juneau’s unique situation has also resulted in locally anchored and vertically integrated supply chains. Local retailers and concentrate producers, who also double as cultivators, bring marijuana trim on their testing trips to Anchorage. The trim is then sold to Anchorage edibles manufacturers, of which there are none in Juneau, in return for credit that the visiting business owners put toward manufactured products to sell in Juneau. This is an updated version of “Case Study: Juneau” from Local Impacts of Commercial Cannabis, published by the International City/County Management Association (ICMA), September 2018. For the full report, visit https://icma.org/documents/ commercial-cannabis-report. Interviewee: Rorie Watt, City Manager, Juneau, Alaska

ENDNOTES AND RESOURCES 1 Christopher Ingraham, “Alaska legalized weed 39 years ago. Wait, what?” The Washington Post, September 24, 2014. https://www.washingtonpost. com/news/wonk/wp/2014/09/24/ alaskalegalized-weed-39-years-agowait-what/?noredirect=on&utm_ term=.722b3ae4078c 2 Megan Edge and Laurel Andrews, “Timeline: notable moments in 40 years of Alaska’s history with marijuana,” Anchorage Daily News, April 13, 2014 (updated September 28, 2016). https:// www.adn.com/cannabis-north/article/ alaska-weedhistory/2014/04/14/ 3 “Ballot Measure No. 2-13PSUM, An Act to Tax and Regulate the Production, Sale, and Use of Marijuana.” http://www. elections.alaska.gov/doc/bml/BM213PSUM-ballot-language.pdf 4 City and Borough of Juneau. As reported to ICMA by Jeff Rogers, finance director, City and Borough of Juneau. February 28, 2020. 5 Office of the City Clerk, “CBJ Responds to Statewide Marijuana Initiative.” https://www.juneau.org/beta_transfer/ clerk/ASC/MARIJUANA/Marijuana_ Committee.php 6 The City and Borough of Juneau Assembly, “Commercial Cultivation of Marijuana in Residential Zones,” March 21, 2016. https://www.juneau. org/beta_transfer/clerk/ASC/ MARIJUANA/documents/2016-03-22Commercial_Cultivation_of_Marijuana_ in_Residential_Zones.pdf 7 “Fairbanks famer prepares to grow cannabis,” Anchorage Daily News, June 14, 2016. https://www.youtube.com/ watch?v=mjUhWbN_a68 8 Rorie Watt, interviewed by Laura Goddeeris and Will Fricke, April 16, 2018 9 Cruise Lines International Association, “Cruise Visitor Outlook, Is Regional Planning Important?” February 14, 2018. https://www. dropbox.com/sh/kj55a7e6qdpa5gq/ AABhD78QhmCp3ck-7gpTf6WCa/ Feb%2014%202018/John%20Binkley?dl =0&preview=Southeast+Conference+Feb +2018+v+2-13-18.pptx#

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DEVELOPING LOCAL COMMERCIAL

CANNABIS

REGULATIONS Key Considerations for Local Governments Has your state voted to legalize cannabis for medical or recreational use? Here are important points for local governments to consider when beginning to develop their own policies.

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Assess the Context for Your Decisions.

While the letter of federal cannabis law has not changed for some time, interpretation and enforcement priorities continue to shift. But more urgent are conditions at the state level and below. Some sample questions to consider: Does current or pending state law prescribe any decision points? Must you opt in or out of default situations? How did your community vote on past cannabis ballot measures? Do those results entitle you to different powers (such as the ability to tax or the ability to impose a complete ban)? Does your community lean one way or the other in its opinion on cannabis? What’s happening in surrounding communities that may impact you? Are the county and its municipalities talking with each other about this issue? Are your priorities complementary or in conflict?

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To what extent can you lean on state regulations and enforcement? Are regulations specific enough? Do you believe resources are adequate to perform state-level responsibilities? • • •

Understand what your state law allows local governments to regulate and note any key decision points. Review local results on cannabis ballot measures for perspective on community opinion. Talk with surrounding communities about your respective plans for regulating the industry.

Facilitate Leadership, Coordination, and Communication.

Local administrations successfully navigating the early legal cannabis landscape credited clear, steady direction from

Even communities voting strongly in favor of cannabis legalization can still struggle with implementation.

their elected officials—including rationale or objectives for local regulation—as extremely helpful. In addition to elected officials and chief administrative officers, planning, police, legal, and finance staff tended to serve in critical leadership roles. But cast a wide net across your organization, as the industry has potential to impact many additional systems and functions. •

•

With your governing body, identify and articulate your motivations for allowing regulated commercial cannabis activities. Assemble a team of staff representing the wide array of government functions impacted by commercial cannabis activities.

Plan for Extensive Community Engagement.

Even communities voting strongly in favor of cannabis legalization can still struggle with implementation. Provide multiple ways outside of formal meetings and public hearings for community members to review and comment on potential regulations, such as community surveys or other online platforms and in neighborhood/ community-wide events. Expect questions, expect fears, and be willing to demonstrate how proposed regulations have accounted for community concerns. Maps showing eligible locations for cannabis businesses as well as sensitive uses are very helpful tools, as are summaries of key steps taken and reference documents posted on your website. While timeconsuming, local governments following this model were comfortable reflecting on their processes and were later able to make decisions without significant debate. • • • •

Even in communities thought to be pro-cannabis, anticipate uncertainty and fears about the issue. Take time to meet with community members in various settings—formal and informal, in person and online. Include cannabis industry representatives in your engagement. Document your progress and consider posting on your website.

Regularly Monitor Indicators and Review Your Regulations.

This is a new industry that will continue to experience growing pains, especially as the state and federal context continue to shift. While states and local governments adopting early legislation are beginning to generate data, figures should still be considered preliminary. Even in states where legalization passed several years earlier, businesses are just starting to open, following long processes to develop regulations and process applications, and local leaders are standing by to watch for indications that the industry needs more (or less) regulation. “Start early and walk a slow path,” suggested one California city manager—a sentiment echoed by many of his peers’ actions. Be wary of doors that are difficult to close once opened; consider sunset provisions or temporary caps as ways to test your local market and assure residents that you will continue to revisit regulations and make adjustments as necessary. • •

Consider sunset provisions or other incremental measures requiring future extension or updates to your policies. Check in with key staff liaisons for updates on public safety and health statistics, code complaints, revenues collected, applications received, and other metrics.

Learn more about commercial cannabis and what local impacts could affect your community by downloading the report at icma. org/cannabis-report. Adapted from “Local Impacts of Commercial Cannabis” published by ICMA, September 2018; and “LEADERSHIP: Key Considerations for Developing Local Commercial Cannabis Regulation,” by Rebecca DeSantis, PM Magazine, August 2019.

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COMMUNITY ENGAGEMENT AND RECRUITING

The Missing Piece for Attracting Candidates

In a time of low unemployment, there is significant competition from the private sector for the talented individuals that local government is looking to hire. The traditional approach to filling those vacancies is through advertisingâ&#x20AC;&#x201D;print, electronic, social media, or even more of the same. BY G E R A L D YO U N G

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ut tradition has its limits, as does the funding that would allow local governments to compete more directly on the compensation they offer. Salaries in local government are not viewed as competitive with the private sector to the same extent as are benefit offerings.1 If you’re hoping to attract candidates to your organization as their next employer, community engagement may be the missing piece. Typically, we think of community engagement as a series of town hall meetings around budget adoption, consideration of a new strategic plan, or the design of a new park or library facility. But two big challenges for local government recruitment are (1) making the public aware of the career opportunities that are available and (2) impressing upon them the value of public service. Regarding awareness of opportunities, there can be a tendency to think that big corporations or tech startups are the places to find innovation, flexible work practices, and pathways for advancement. In fact, many local governments have been active not only in adopting but also in leading the way in those practices. Paid family leave, for example, is

offered by 34 percent of state and local agencies, compared with just 13 percent of private sector employers.2 And the scope of flexible work practices, most commonly offered via flexible scheduling (e.g., four 10-hour days) is either being maintained or increased by 68 percent of state and local governments.3 That’s good news for job candidates, but do they know what’s being offered? One approach to spreading that word is a direct one— through schools. Many managers teach at community colleges or universities, or even contribute to civics lessons in local school districts. That can be an excellent way of exposing future interns or employees to the pathways available to them. At the Public Sector Workforce 2030 Summit, co-hosted by the Center for State and Local Government Excellence (SLGE), National League of Cities (NLC), and ICMA-RC, Ramiro Inguanzo, assistant village manager of Bal Harbour, Florida, related his experience working with students. He would ask them all what they wanted to do when they graduated. For each career they would mention—doctor, engineer, IT professional— he would explain, “You can do that in government.”4

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AN ABILITY TO TELL THE STORY OF YOUR JURISDICTION’S PATH — FROM PROGRAM INVESTMENTS TO PROVEN RESULTS — CAN INSPIRE CANDIDATES TO SEE THEMSELVES AS THE NEXT PROBLEM-SOLVERS TO JOIN YOUR TEAM.

That same direct outreach can be carried out by both departmental leaders and front-line staff through job fairs, employee referrals, explorer programs, internships, shopwith-a-cop, school resource officers, or other initiatives. In fact, in ICMA’s research on recruiting police officers, the highest rated form of outreach was “relationship recruiting.”5 So, if you’re already advertising your vacancies and you’re making people aware that your agency exists, how do you sell them on the advantage of choosing public rather than private sector employment? Appealing to candidates’ interest in making a difference

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in their community can be an effective strategy. For example, the city and county of Denver instituted an advertising campaign of billboards, videos, posters, and other media exhorting people to “be a part of the city you love,” encouraging local residents to consider government employment. Even more pointedly, the city of Minneapolis and the city and county of San Francisco adopted campaigns focused around “Serving Community. Building Careers” and “Choose Purpose”—appealing to those whose altruistic motivations may not find a comparable outlet in corporate employment.6 Those strategies can also be utilized to recruit individuals from underrepresented demographics within the public sector workforce

through Historically Black Colleges and Universities, neighborhoods with high immigrant populations, local faith communities, LGBTQ media, or through non-English language channels. Once new staff join the organization, onboarding programs can help them stay engaged by identifying a career track and pursuing professional development or finding a supportive peer group. For example, Minneapolis developed Employee Resource Groups, some of which are geared toward gender or racial/ethnic diversity. In less metropolitan areas, the challenge may be that the community the new

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THE SUCCESS OF YOUR RECRUITMENT EFFORTS WILL BE DIRECTLY TIED TO THE PUBLIC’S OVERALL VIEW OF THE ORGANIZATION.

employee may most need to engage with might be outside your organization. For example, if your organization has just one or two of a particular specialized position, such as social workers, you may want to introduce new staff to a local network of social service, public safety, or health care peers in other area cities, counties, nonprofits, or medical or educational institutions so they feel more engaged with the community they are serving.7 Similar networks may exist in other forms as well, whether through national affiliations such as ICMA’s Local Government Management Fellows or programs for veterans entering the local government workforce. Another example is through Lead for America, which works to identify diverse, skilled fellowship candidates and place them in service to the communities of which they’re already a part.8 Keep in mind that the success of your recruitment efforts will be directly tied to

the public’s overall view of the organization—the image people have of the parks and recreation department, the satisfaction with your public works services, and the trust they have in your front-line public safety staff. If you have not conducted a satisfaction survey, or if your strategic plan is out of date and no longer reflects the community’s priorities, you may find that a splashy social media advertising campaign is unable to overcome the community’s preconceived attitudes. Conversely, an ability to tell the story of your jurisdiction’s path from program investments to proven results can inspire candidates to see themselves as the next problem-solvers to join your team. Going forward, SLGE will continue its focus on workforce issues and community engagement via projects to help local governments engage with low- and middle-income communities, first-generation immigrants, and other groups that may not typically consider and apply for positions in the public sector. Research will continue through the annual survey conducted by SLGE, the International Public Management Association for Human Resources (IPMAHR), and the National Association of State Personnel Executives of state and local government human resource managers and the SLGE/ ICMA-RC polling of employees in the K–12 education sector about how benefit offerings impact career and employment decisions. Also, SLGE is spearheading a convening of leaders in key associations, such as ICMA

32 | PUBLIC MANAGEMENT | APRIL 2020

and the National League of Cities, to determine what next steps need to be taken together to facilitate effective local government recruitment and retention over the next decade and beyond. ENDNOTES 1 State and Local Government Workforce: 2019 Survey, SLGE, IPMAHR, and NASPE; July 2019, https:// slge.org/assets/uploads/2019/07/slgeworkforce2019.pdf. 2 Workforce of the Future: Strategies to Manage Change, Center for State and Local Government Excellence (SLGE), October 2018, https://slge.org/ resources/workforce-of-the-future. 3 State and Local Government Workforce: 2019 Survey. 4 Public Sector Workforce 2030 Summit: Key Takeaways, SLGE, NLC, and ICMA-RC; December 2019, https:// slge.org/resources/public-sectorworkforce-2030-summit-key-takeaways

5 The Model Police Officer: Recruitment, Training and Community Engagement, ICMA, September 2018, https:// icma.org/sites/default/files/19-009%20 Model%20Police%20Officer%20 Survey%20Report_web%20%281%29.pdf 6 Ibid, note 2. 7 Innovations in the Health and Human Services Workforce: State and Local Governments Prepare for the Future, SLGE, November 2019, https://www. slge.org/assets/uploads/2019/11/ innovations-in-hhs-workforce.pdf. 8 https://www.lead4america.org/

GERALD YOUNG is a senior research associate, Center for State and Local Government Excellence (gyoung@slge.org). For further workforce, retirement, and health and wellness resources, see https://slge.org.

ADDITIONAL RESOURCES Workforce of the Future https://slge.org/resources/workforce-of-the-future Annual State and Local Workforce Survey https://slge.org/assets/uploads/2019/07/ slge-workforce2019.pdf Public Sector Workforce 2030 Summit https://slge.org/resources/public-sector-workforce2030-summit-key-takeaways Innovations in the Health and Human Services Workforce https://www.slge.org/assets/uploads/2019/11/ innovations-in-hhs-workforce.pdf ICMA-RC https://icma.org/icma-rc-building-public-sectorretirement-security

• • • •

34 | PUBLIC MANAGEMENT | APRIL 2020

Social Media in Local Government

LEAVE OR EXPERIMENT A Philosophical Look at How Best to Navigate the Online World

BY THOMAS A. BRYER, PHD

In ICMA’s 2020 Vision report, I wrote the following prediction about social media as a potential threat to democracy1: Without local experimentation, social media will become a toxin in our soupe du démocratie. Misinformation and manufactured “truths” will infect communications on social media. Vitriol and childish rhetoric will spew from online personalities of individuals and institutions who should be above such antics. Local governments will be forced to do one of two things: invest in and experiment with approaches to speak truth to the powerless or stop using social media, including information sharing, so as not to be a party to the maintenance of platforms that threaten democracy. The first is essential; the second may be necessary for some. Online tools have propelled human relationships in new directions, creating connections between people and across places in ways once unthinkable. From early static websites providing information to large numbers of people at a relatively low cost, to email communications enabling rapid correspondence, to social media facilitating rapid sharing and mobilization of people and ideas, and to virtual reality and artificial intelligence that challenges human assumptions of truth and existence—technologies have reshaped the social plane.

APRIL 2020 | PUBLIC MANAGEMENT | 35

Within government, the early years of internet use in popular culture for business and entertainment were characterized as a revolution that would transform government–citizen relationships. Observers considered the shrinking distance between government officials and citizens would result in increased dialogue, engagement, and rational discussion on complex policy matters. This idealized vision has not come to pass, but emerging technologies have transformed opportunities for citizens to find each other, mobilize those with similar perspective, and even to conduct protests and demonstrations in the cyber world. Online tools and specifically social media can be both facilitators of socially positive action that can facilitate stronger relationships between citizen and government, as well as of socially destructive action where governments can lose control of messaging and struggle under the weight of rapid sharing of information or misinformation.2 As easily as the online can be used to organize and mobilize, it can also be monitored, censored, and pathways blocked (or not used) by governments to limit communication that might threaten trust and stability in government or underlying democratic institutions. This is the context for the choice faced by local governments, as identified in the ICMA 2020 Vision statement: Experiment to use social media for positive democratic ends and laudable democratic outcomes or leave social media to maintain democratic legitimacy and soundness. Local Social Media Experimentation

If local governments choose the path of experimentation, there are some criteria to consider: allows openness of expression, encourages transparency in identity, facilitates communal understandings of societal condition, and protects against manipulation of people and processes through dissemination of false content. The ideal system is likely to be a hybrid between the watchful Society enacted through panoptic mechanisms, and unfettered expression that allows shadows to be cast on walls all around us as in Plato’s cave. The ideal system in a democratic society is a rather unsteady bridge between the panopticon, a construction that potentially allows all people to see the actions of everyone, and the cave, between full openness and strict social control. To experiment requires investment and awareness of the unique technological and psychological challenges on the path. Experimentation with Monitoring Social Media Conversations.

According to philosopher Michel Foucault, within a panopticon, 36 | PUBLIC MANAGEMENT | APRIL 2020

the individual is “seen, but he does not see; he is an object of information, never a subject of communication.”3 The idea is based on an architectural design of a prison by philosopher Jeremy Bentham: Within a cylindrical structure, a central guard tower stands tall allowing guards to watch all prisoners without their knowledge of being watched. The fear of being watched at any time promotes good behavior. In the online world, the individual can be seen, but he also might see. Online users can monitor, but they are also potentially monitored. None are quite sure who is being watched by whom or when. A further complication is knowing the genuineness of online communication when there is uncertainty about the persona of the individual online. The persona might not be the same as the one who occupies the offline world. Foucault argued that within the panopticon, individuals are the subject of communication but only the object of information. If online identities are not legally real or psychologically or manifestly the same as identities held by legal persons offline, then we can suggest that individuals are not actually the subject of communication. Fabricated, altered, or selectively parsed identities might be the subject of communication or discourse, but this is problematic in the sense that the communication and discourse is potentially not genuine. The issue here is a fragmentation of the self, such that an individual consciously hides part of his or her identity from all or some people within an online social network, which then further differentiates from the whole identity of the person portrayed in the offline environment. To say this in terms not linked to technology: an individual may present a different identity in their workplace compared to their identity during weekend partying, as further compared to their identity with family. Online, a person can choose to reveal parts of themselves selectively in the same manner, and perhaps with greater ease, based on the context and networks with which they are interacting. On its own, viewing and treating online spaces as a panopticon, or like a panopticon, is damaging to both stability of governance and ideals of democratic discourse. There are two issues of concern: (1) the panopticon itself may be a faulty device for monitoring online as anonymity threatens ability to control, and (2) it might simultaneously enable, given the risk of being monitored, the rise of greater anonymity and

less transparency of identity. Local governments must develop and test approaches that reduce the threat individuals might feel of being known. Using online tools that require registration and selfidentification is one approach, but doing so risks reducing the number of citizens who engage in online spaces, though potentially increasing the quality of that engagement. Experimentation with Open Communication. Whereas the

concern of the panopticon is one of false or manipulated individual identities, Plato’s cave introduces concerns of false or manipulated worlds or societal realities. To quote from Plato:4

those who are casting shadows may actively be seeking to change perceptions of societal reality. This can be seen from the relatively small and broadly inconsequential individual sharing of only happy news about one’s life to persuade the social media captive audience that one’s life is perfect— one’s “highlight reel.” It can also include the highly consequential sharing of “fake news,” doctored media, and outright lies that seek to change perceptions of societal reality, which can then translate into offline decisions including for whom to vote in an election and whether to join a protest. The social media or online cave has a foundation of the people’s ignorance and emotionality, or, stated differently, manipulability. Just as a prisoner who is locked and constrained in his or her movement, an individual bound to social and online means of information acquisition is limited in seeing beyond this reflection of the world. Individuals become addicted to shortcuts for receiving information upon which their decisions are made—a cascade of ignorance. Paradoxically, the social media or online cave exists and is able to maintain existence largely because individuals are free. The absence of regulation on who or what, in the form of bots, can post ideas and reactions online enables deterioration of an individual and collective’s ability to distinguish the real from the fake, or the light from the shadows. On one hand, then, we have a panopticon that might facilitate stability in governance through social monitoring, but threatens authentic dialogue for democratic discourse, and on the other, we have a cave that paradoxically allows for unfettered communication and expression but, due to human psychological tendencies, hastens the reification of the fake, bolstering of societal divisions, and deterioration of democratic discourse.

Paradoxically, the social media or online cave exists and is able to maintain existence largely because individuals are free.

Imagine human beings living in an underground, cave-like dwelling, with an entrance a long way up, which is both open to the light and as wide as the cave itself. They’ve been there since childhood, fixed in the same place, with their necks and legs fettered, able to see only in front of them, because their bonds prevent them from turning their heads around. Light is provided by a fire burning far above and behind them. Also behind them, but on higher ground, there is a path stretching between them and the fire. Imagine that along this path a low wall has been built ... [Also] imagine that there are people along the wall, carrying all kinds of artifacts that project above it ... [the] prisoners would in every way believe that the truth is nothing other than the shadows of those artifacts.

In the online space, the shadows are not individuals carrying material artifacts that cast shadows through the light of a flame against a cave wall. The shadows are individuals sharing digital artifacts that appear on a Facebook wall held starkly against the harsh illumination of smart phones and computer monitors. The shadows are the factions formed around pre-existing biases. There are important differences beyond the origin of the light in the casting of shadows between the cave or social media wall. For one, the individual stuck in the online “cave” is not a prisoner; they have freedom to move. Second, the people outside Plato’s cave who are casting the shadows are not intentionally seeking to deceive. In the online space,

APRIL 2020 | PUBLIC MANAGEMENT | 37

Leaving Social Media

Facebook is seen as the most popular social media tool for individuals and organizations alike. Government officials started using it to be where the people are and to have a quick and relatively low-cost way to communicate important information to citizens. Using a tool because it is where the people are calls to mind the parental advice to teenagers around the world: If your friend jumped off a bridge, would you do it, too? Setting aside that many people actually might, particularly if it was streamed live on Facebook, the sage advice misses an important question. Why are they on the bridge in the first place? The bridge here is the same bridge previously described for managing social media—an unsteady bridge between the cave and panopticon, between full openness and strict social control. Andrew Marantz wrote in a recent column for the New York Times: “Having spent the past few years embedded as a reporter with the trolls and bigots and propagandists who are experts at converting fanatical memes into national policy, I no longer have any doubt that the brutality that germinates on the internet can leap into the world of flesh and blood . . . Noxious speech is causing tangible harm. [Thus, we must ask] what should we—the government, private companies, or individual citizens—be doing about it.”5 One answer to his question could be to simply leave. Until social media companies seriously engage in discussions and planning to prevent democratic harm, governments, 38 | PUBLIC MANAGEMENT | APRIL 2020

Experiment to use social media for positive democratic ends and laudable democratic outcomes or leave social media to maintain democratic legitimacy and soundness.

universities, nonprofit organizations, and citizens who care about democratic values might best abandon these tools and not contribute to their destructive tendencies by giving them more audience. Perhaps it is the time, in the absence of resources to experiment, to climb down from the social media bridge. Final Thought

Experiment with caution and full investment of resources or leave social media. This is the choice in 2020 and beyond for local government. If the choice is to experiment, governments will find support at schools of public administration in universities to design, evaluate, and redesign approaches to using technology to prevent harm and successfully engage residents. If the choice is to leave, none will look negatively and will support digging deeper on other forms of engaging with the public, including online participation tools that align more with democratic ideals. THOMAS A. BRYER, PHD, is a professor with the School of Public Administration, University of Central Florida, Orlando, Florida (thomas.bryer@ucf.edu). ENDNOTES

https://icma.org/2020-vision#social_media Bryer, Thomas A. 2013. Designing Social Media Strategies for Effective Citizen Engagement: A Case Example and Model. National Civic Review, 102(1), 43-50. 3 Foucault, Michel. 1977. Discipline and Punish: The Birth of the Prison, trans. Alan Sheridan. 4 Plato. Republic. 1992. Translated by G. M. A. Grube. Hackett Publishing Company. 5 https://www.nytimes.com/2019/10/04/opinion/sunday/freespeech-social-media-violence.html 1 2

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