PUBLIC POLICY AND PUBLIC ISSUES

March 13, 2002

What is a “public policy”?

Black’s Law Dictionary defines a public policy as “principles and standards regarded by the legislature or by the courts as being of fundamental concern to the state and the whole of society.”

The definition derives from a very old principle that “a person should not be allowed to do anything that would tend to injure the public at large.”

Public policies are long lasting. They outlast individuals’ terms in office and frequently they outlast entire governments. They are put in place by people we have elected or appointed to office and therefore to whom we have given our authority.

Many public policies affect you as citizens. From the point of view of you as an individual, your voice is loudest where the pool of total voices is smallest. That is, you can exert more influence over policies made at the local level.

Yet, some decisions that affect you in significant ways are not made in the forum where your voice has the most weight. Some are policies that can be implemented at the local level: others are policies that may or may not be influenced from the local level. Still others are policies that we might believe are appropriately decided at the local level, but where decision-making authority has been taken away from local government.

Examples of policy decisions that Vermont and US leaders face today follow. Does the local level of government get to make the call? Should it?

í Whether or not schools should institute a recitation of the Pledge of Allegiance or whether they should be able/encouraged to post the saying “God Bless America” in schools.

í Whether or not the United States should re-institute the draft.

í Whether or not genetically altered seeds should be permitted to be sold, should be labeled, should be used in your community.

í Whether towns should have authority to regulate the siting of telecommunications towers within their borders.

í Whether towns should have authority to regulate land use generally within their borders.

Public policies in other contexts might be mission statements. They are sometimes lofty ideas that may or may not be achieved in a single generation.

They may also be ideals that define a society. Some examples that define our society:

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness”. (Declaration of Independence – 1776)

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” (Amendment 1 to the U.S. Constitution)

The best long-term deterrent to terrorism – obviously – is the spread of our principles of freedom, democracy, the rule of law, and respect for human life. The more that spreads around the globe, the safer we will all be. These are very powerful ideas and once they gain a foothold, they cannot be stopped. (Mayor Rudolph Giuliani to United Nations, October 1, 2001)

Once public policies are accepted and leaders move to implement them, they tend to generate public issues. For example:

Should the Pledge of Allegiance be recited daily? only on special occasions? with participation by the entire school at the same time? How will the school honor the rights of those who choose not to recite the Pledge? Is it appropriately placed in the context of school? What other expressions of patriotism should be permitted?

Should the draft be reinstituted in place of all volunteer armed forces? Should there be exemptions or deferrals for those enrolled in higher education? Those whose religious beliefs oppose the use of arms or violence?

Should municipalities be able to address the health effects of cell towers on their population? Should municipalities be able to address height, fall zones, co-location? How many cell towers are enough in a community?

Public policy issues may hold the genesis of their own resolution. Investigation and open discussion may discover those solutions!

3/13/ 03