Outmaneuver the Bureaucrats
Bend Them to Your Will
Attorney Lynella Grant
Quick and Painless
An imprint of Off the Page Press
© 2012, Off the Page Press
Quick and Painless is an imprint of Off the Page Press
Outmaneuver the Bureaucrats: Bend them to your will
Lynella Grant
Copyright 2011 by Off the Page Press
Smashwords Edition
ISBN—Electronic Version for e-book readers
13 digit ISBN: 978-1-888739-54-1
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(For other formats: 978-1-888739-52-7)
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____________________
Dedication
This book is dedicated to anyone
who was told “No” by The System,
but who didn’t let that stop them
Table of Contents
Start - Introduction
Chapter 1 - Never Fear the Impersonal System Again
Chapter 2 - Overcome Bureaucratic Obstacles and Conquer Your Dread of “The Rules”
Chapter 3 - Know the Pieces and Players to Assure Successful Results
Chapter 4 - Preparation Reduces Rejection, while Promoting Faster Responses
Chapter 5- Bureaucrats Are People Who Can Respond to Kind Treatment
Chapter 6 - Tricks to Get You Through Bureaucratic Minefields
Chapter 7 - Avoid Being Caught by Timing Traps
Chapter 8 - Persistence Keeps Your Proposal Alive and Moving
Chapter 9 - Wrapping it Up
End
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Start ~ Introduction
The Problem:
Are you tired of being jerked around by rules, regulations, and indifferent civil servants? The system is stacked against common citizens and small businesses, and that shows up at times when official permissions or documents are needed. Between the run-around and mixed signals, getting through the bureaucratic maze is often tricky.
The Solution:
Individuals and small enterprises must take control of the bureaucratic red tape that is so frustrating. Take an “insider” approach by using methods most people don’t know. Get the leverage that comes with understanding the “rules of the road” that we never heard about.
This book provides a powerful advantage to those who can cut through the crap and delays that are so much a part of dealing with officials on their turf. Gain the edge that makes sure those who work for “the system” give you all the cooperation you need.
You will learn how to:
Reduce the bureaucratic run-around so you get the yes’s you need
Choose strategies that can deliver outcomes that you want
Navigate the system like an “insider”
Keep your project on track, with less frustration to you
Feel more confidence in your goals and game plan
Develop alliances that strengthen your hand
Gain control—get more service from your attorney and others you hire
Spot the timing traps early on, so you can sidestep them
Although the information provided here is about governmental bureaucracies, this advice can work in many other situations as well. Use the considerable power you have (even if you don’t realize it yet) to get through the minefield in dealing with any organization. And do it with a minimum of aggravation or uncertainty.
Chapter 1 ~ Never Fear the Impersonal System Again
The cards are stacked against you
Admit it—encounters with bureaucrats are often scary. Whenever you must deal with a government agency you feel vulnerable. Faceless governmental bodies make the rules, and you must dance their tune.
Nobody likes it. Even when there is no specific problem, you get a gnawing niggle that a routine matter could turn into a “can of worms.” That possibility is likely enough to make you feel anxious, powerless, frustrated, and alone.
Even on those occasions when you succeed, the experience can still be painful to recollect. And we have little doubt that whatever happened was probably more complicated than it needed to be.
You know what I’m talking about because we have all felt it… more than once. Such encounters remind us that citizens are little guys in the grip of “the system” that doesn’t care about whether we succeed. It has other priorities.
This book is written for you, a little guy. What I share shows how to muster your power, as well as where it will do the most good. It is possible for you to get through the regulatory mine field and achieve your goal by using every bit of the power you have. It is like walking a tightrope, but often that’s the only way to get where you want to go.
Building on experience and expertise
I have worked a lot with bureaucrats—heck, I’ve even been one. So, I know there are specific things a person can do in order to get around many of the obstacles inherent in the system. I’ve noticed things that work more often than not, and have figured out a few more myself.
I am an attorney, who practiced law over ten years and taught law for three more. Although that is not what I do these days, these skills have come in handy in many other situations—especially where there’s unequal power between the parties.
As a lawyer, I often represented clients who had already run into serious bureaucratic snags. So, what could we do next? Working together, my clients and I found various ways to restructure their methods so they could reach their goals.
In addition, as an entrepreneur, inventor, and small business owner myself, I survived “in the trenches.” That often involved getting government employees to respond favorably to what I required from them.
Over the years, I have also been a government employee—a bureaucrat. I worked for the Federal government (three agencies), state government, as well as at county, municipal, and even tribal (Indian tribes) levels. From that side of the desk, I learned that some efforts made by individuals who want my cooperation made me quite willing to work with them. Or to go the extra mile. While other approaches made me dig in my heels.
How I was treated went a long day to defining how smoothly things went. Perhaps, the difference in my attitude was not on a conscious level, but it reflected what I was sensing from the petitioner.
Sometimes, success depends on the official feeling a personal stake in the outcome. As a student of human nature. I studied why some people are able to sail through the obstacle course, while others crash on the rocks. It is often apparent from the outset which behaviors lead to which results. Now I am prepared to share what I have learned.
This is a game of wits
There was a time when I assumed that everybody’s chances were about equal in getting through the bureaucratic maze. However, even though the obstacles are the same for everyone, not everybody gets entangled or trapped by them. I often wondered what made the difference. This book is part of my answer.
Expecting obstacles permits a person to take the steps that gain the advantage—before they even come up. Being informed and prepared from the outset reduces the kind of obstacles that get in your way. If you recognize problem signs early, you can often avoid them entirely. You become more capable and knowledgeable, and as a result, more successful.
Success with bureaucrats is a skill that can be developed like other skills. It becomes stronger and more effective with application. As you become more knowledgeable about reading the signals, you have greater influence on the outcome. The best part is, these same skills work in many other situations as well.
As new methods of reading the signals become second nature, you will function more confidently in other aspects of your life too: family, work, social, and economic activities. These strategies are transferable and can bring increased likelihood of success in any avenue you pursue.
I happen to believe people are more important than rules or having to “color within the lines” all the time. I also think that organizations should be responsive to those they claim to serve.
Bureaucrats should be well-informed about the ins-and-outs of their agency and be competent to solve routine problems that come up within the scope of their positions. But it is your job to be knowledgeable enough to make it easy for them to perform their role in a way that accommodates your needs.
We all benefit when both the rules and paperwork requirements are clear and easy to follow. With a bit of respect, goodwill, and cooperation, little guys and bureaucrats can work together without so much hassle. Everything in the pages to follow improves your odds of being victorious the next time you step into the bureaucratic arena.
Knowledge is power
The more you understand “the system,” the easier it becomes to get the results you want from the people who manage it. Understanding how to proceed within an indifferent and demanding bureaucracy improves your odds of surviving the process. You can beat the odds (although success can never be guaranteed).
This book will not teach you hypnotism or how to do magic tricks they can’t resist. You won’t trick anybody. It will, however, show you how to acquire the answers you need from the system itself in order to accomplish what you want. It will show you alternate ways to get around the places where most people get stuck.
These techniques improve your ability to get the yes’s you need—consistently. But you still need to go through the bureaucratic process, when it is required. This approach is more about gaining an insightful mindset than about tricks or sneaky methods to “game the system.”
There are perfectly legitimate ways to work your way through the tricky places and get what you require in the way of approvals or documents. But the methods that work the best come from using structure of the system itself, not by going to war with it.
If an encounter is seen as “me against the government” you will on some unconscious level make the people you are dealing with more suspicious of “what you’re up to.” They may not know what it is, but they are not willing to let you get away with something. So one of the most sensible and helpful changes for you to make is in your mindset.
Also, as you become more aware of how the rules work, you are able to develop more effective strategies to deal with them. These techniques can make any of your efforts more potent and effective. They work. And when they don’t, you have an arsenal of other things to do next.
This advice is designed to help you achieve your goals as directly as possible, without resorting to mediation or litigation. While these techniques could reduce the likelihood of finding yourself in court, if you do end up there, you’ll be better prepared to protect yourself. You will recognize more options due to your being better informed, aware of your rights, and have developed a documented paper trail.
It might not be possible for you to do every step needed by yourself. It could be necessary to hire an attorney, accountant, surveyor, detective, or other professionals, depending on your situation. Being clear about your strategy will help you to maximize the results to be achieved from the professionals you hire. But, unlike bureaucrats, they work for you. You call the shots.
DISCLAIMER: Specific facts are different for each person’s situation or type of official interaction. No rule, or way around a rule, will work for everyone or in every situation. When in doubt, consult an attorney or a knowledgeable insider. The following information should not be treated as legal advice or be used instead of securing appropriate expert assistance that is tailored to your unique circumstances.
Terms used here
The following terms are treated as interchangeable: bureaucracy, bureau, organization, company, government, and agency. When any of them apply to private-sector (for profit) companies, they refer to large organizations that tend to be inflexible and respond impersonally (much like governmental bodies).
Most of the information or examples used deal with the general case, to apply to as wide a variety of settings as possible. There are many levels of government, and differences between agencies, so it is impossible to provide specific steps or forms here.
However, the advice is designed to be broad enough for you to acquire such specific details from the agency or organization you are working with. They are usually quite willing to point out the official guidelines they follow, With those in hand, you can tailor your strategy accordingly. But don’t stop there.
Nothing written here is intended to denigrate the bureaucracies, the bureaucrats, or the services they provide. My only desire is that the whole process operate more smoothly and cooperatively, so that the “little guy” has a fighting chance.
Chapter 2 ~ Overcome Bureaucratic Obstacles and Conquer Your Dread of “The Rules”
Bureaucrats turned saying “no” into an art form
No! No! No! No! No!
Don’t you hate it?! It starts when we are kids. The person who says “no” the most and loudest manages to claim the power. They try to control the rest of us and call the shots. They boss us around so they end up getting what they want—and we don’t. So, we carry many such early memories of feeling powerless—doomed to outcomes that seem unfair.
Of course, nobody likes being told “no.” We didn’t like it then, and we haven’t gotten to like it any better since then. That sense of youthful frustration and dread seem to come back whenever we have to deal with (or even think about having to deal with) bureaucrats.
And there’s no avoiding it, given the many ways government is woven into modern life Since those who operate with official power are not going to leave you alone, what are you going to do about it? Are you ready to acquire new strategies for getting appropriate reactions when you must deal with the dreaded “system?”
Take heart. “No” need not to be the last, final or complete answer when facing the bureaucratic juggernaut. Sometimes, that’s just their opening move rather than a solid wall. What you choose to do next is crucial because you have lots of responses that could strengthen your position—ways to hold your own on an unequal playing field.
On one level, every rejection can be seen as a request for you to make a better next move. It you look at it that way, every “no” or run-around makes you stronger. When things go your way, people don’t bother to develop even better strategies.
Your primary goal is to succeed in getting your application or proposal through the process. You want to handle each step smoothly and logically. You want more confidence and sure-footedness when walking into the bureaucratic arena. You want to acquire the kind of influence which makes successful outcomes a matter of course.
The amount of governmental impact in our lives has taken a toll on all of us. Not only does it impact most of our daily business and personal activities, we aren’t sure where we stand. That inhibits our ability to make decisions or plan for the long term.
An impersonal bureaucracy that treats every individual as a faceless intrusion is worse than frustrating. It makes us all feel thwarted and impatient, deprived of effective choices. No one wants to feel victimized by the inescapable system.
Rejoice!! There are many, many moves available to you, any one of which could work! You are about to learn how to turn the dreaded “no” to a well-deserved “yes.” It is similar to a chess game. It is not over until you win (get approval or run out of moves) or run out the clock.
The more often you face up to the hassles of red tape, the better you become at anticipating the form it will take—and the larger array of strategies at your disposal. The more you understand the dynamics of the administrative processes, the less you take setbacks personally but use them as a spur to action.
Rather than giving up after the first or second rejection, you will be able to use those experiences. The necessary skills to bend bureaucrats to your will can be mastered. You can become a person who doesn’t let “No” be the final word, just one of the moves to be countered from your bag of tricks.
The word “bureaucracy” has at least three different meanings:
A group of workers (for example, civil service employees of the U.S. government) is referred to as “the bureaucracy.” An example: The threat of budget cuts has the bureaucracy in Washington deeply concerned.
Bureaucracy is the name of an organizational form used by sociologists and organizational design professionals.
Bureaucracy has an informal reference to red tape. Example: There is too much bureaucracy where I work. It describes a set of characteristics or attributes such as inflexibility that frustrates people who deal with, or who work for it.
The Dilemma
You care about the desired results from your encounter with the bureaucracy. By contrast, bureaucrats consider the rules and procedures even more important than results. Your challenge in this unequal match-up will always be to find a balance so the two points of view are not mutually exclusive.
It can be done, but it is rather like the old joke about how porcupines make love. Very carefully. Getting what you want depends on your willingness and ability to satisfy the requirements of the bureaucrats you deal with in a non-confrontational way. And you have to do it without compromising your goal.
Rules make the world go round
Something that needs to be done requires you to contend with a governmental agency: acquire approval of a liquor license for your restaurant, renew your grazing lease on federal land, build a fence on your property, and so on.
It shouldn’t be a “big deal,” right? Yet too often you encounter unexpected, often unreasonable, complications or added costs. You might not achieve what you set out to do, or there was untold aggravation. As getting satisfaction became exceedingly remote, it became a very big deal!
How did you end up here again? Because you’ve been in the same stew before (more than once). We all have. Just the memory of those times brings a wave of nausea tinged with dread. A specter of futility flits across your mind. You fear a replay of times when you tried harder and harder, but without progress—like marching doggedly through molasses.
When prior encounters dragged out, they invariably cost too much time, money, and energy to justify the result. Oh yes, everyone has felt that yawning abyss reaching out, about to suck us in yet again!
Even when the obstacles that creep up are small, it’s easy to lose a sense of proportion. Something similar happened before—and you could not stop it then, either. Fear strikes Just from the looming possibility of getting caught in the red tape. When heavy-handed or burdensome rules win, you lose.
Whatever the issue or problems that stand in the way, it comes down again to you against the rules. No one really says you cannot do such and such“It is just the rules, you see.” And that is supposed to be the end of what you had in mind—unless, of course, you’re willing to do what the rules prescribe.
Rules, rules, rules—written, implied, spelled out, protocols, specific, general, ad nauseum. They are everywhere affecting everything and everyone. There are a zillion of them and many are contradictory. (Where do you think Murphy’s Law comes from?) Is there any way to know them, satisfy them, live safely with them?
No! Modern life has generated so many rules, regulations, requirements, laws, etc., that no one can possibly “know” enough to avoid running afoul of them.
With rules, there are also people who are the keepers of the rules—people with the job of assuring the rules are maintained and honored. It’s very like an initiated priesthood, devoted to the preservation of the sacred rules, attentive to any infraction. With total sincerity and dedication, they are committed to prevent the breaking of any rules.
Your challenge will be to find a way to persuade those who have the authority that giving you the authorization (or whatever) you seek is one of their job functions. Cooperating with you doesn’t violate their responsibility because you are going to use the rules for your advantage.
All rules are NOT created equally:
Some apply to everyone (right to sue, right to buy and own property)
Some are very specific about who must comply (town requires a license for your bicycle, a permit to build a fence)
Some have been around almost forever, (like English Common Law, at the root of many of our rights regarding property and business)
Some are so new no one knows what to do with them, such as the recent change in an environmental regulation you haven’t even heard about
Some are more important, so that all other rules must yield to them, like the Constitution or U.S. Supreme Court rulings
Then there are rules that “Everyone knows you can’t do that“ or “Everyone says you have to: (fill in your own blank).” You are told about them, reminded of them, then compelled to abide by them. But usually what you heard is merely verbal chitchat. It isn’t binding on what you do.
There is also a convenient legal fiction: Ignorance of the law is no excuse. It is humanly impossible to know all the laws that apply to you, even if that was all a person did. But if you should run afoul of them, too bad. It just offends one’s sense of fair play.
If you can’t really find out exactly what the rules are or why they should matter to you, how can you know which ones apply to you and what you must do? Life is a constant risk that even while being a “law-abiding citizen,” going about your business without evil intent, you could still be a law breaker.
Use Your Power
Repeat after me: You are not powerless against rules and impersonal bureaucracies. You have many, many resources to strengthen your position—once you become aware of them. The match-up of you against the government, the corporation, or the system is not as one-sided as it first appears.
The very structure that makes an organization seem invincible works to your advantage. That big, imposing institution is riddled with cracks, inconsistencies, and exceptions. You have to have the will to find them. Because they are there. There is a saying that: The right hand doesn’t know what the left hand is doing. That’s not a problem of yours since you are nimble by comparison. If you look past the appearance of infallibility, the system is remarkably slow to react and telegraphs its punches. Those can be your advantages—if you stay in the rink and study their moves.
Your powers are formidable:
The typical way of looking at the match-up between an individual and the typical bureaucratic system shows a vast difference in the amount of power each has at their disposal. However, the imbalance is not as one-sided as it appears—assuming that the person knows he or she has some power, and is willing to use it.
The person who knows the system from the inside can find the weaknesses and points of flexibility where his or her efforts are most likely to make a difference. Like a lever, a small amount of energy can be multiplied in making heavy things move. It is all about knowing where to apply the pressure.
Your Advantages:
You care about the outcome, maybe vitally; you know what is at stake
Your personal commitment; you take the process personally and are identified with the outcome
You can persist, applying substantial variety and flexibility in your efforts
You can muster a targeted strategy, and then hang on “as long as it takes”
You can call on your person-to-person skills
Your citizenship, along with the power of the ballot or through elected representatives (see below)
Never underestimate the power of personal commitment or persistence.
The combination has a way of bypassing the obstacles that defeat those who are less determined than you are. You care! You feel a keen stake in the outcome. The one who cares calls up extra elements: the willingness to try harder, the refusal (or inability) to walk away. These are potent weapons against the indifference or impersonality of bureaucracies. Use them and keep on using them.
It is for you alone to decide how important the goal is to you. Are you willing to bear the likely costs of escalation resolutely? The fervor behind your commitment increases the probability of your success.
When I was practicing law, many of my clients came to me because they hit a roadblock, a “no.” For them “no” meant stop. They were out of ideas, except to see an attorney (so they hadn’t given up yet). Situations or resistance that push the stop button for most people push a start button for me. It has never occurred to me that there could be no further moves possible.
There almost always are more moves possible. While many are foolhardy or unlikely to work, some will be brilliant or quite original. They come from digging deeper. The trick is in keeping an open mind and sifting through the possibilities.
Rather than a roadblock, I see “no” as a speed bump. I’ve never considered “no” to be a final position (well, maybe in the case of death or after the deadline). My fee, my professional reputation, and my sense of honor depended on me proving that an official refusal could be turned into another, more acceptable, answer.
We all cheer for the underdog and delight in stories where the person defeats the hitherto “unbeatable” opponent. Yes, they prove it can be done and it can be done intelligently. There is a feasible method (actually lots of methods) to get you through the labyrinth. It’s just not obvious which of them will work from the outset. But when the incentives are high enough you can find them.
The Bureaucratic form has six major principles:
1. A formal hierarchical structure
Each level controls the level below and is controlled by the level above. A formal hierarchy is the basis of central planning and centralized decision making.
2. Management by rules
Controlling by rules allows decisions made at high levels to be executed consistently by all lower levels.
3. Organization by functional specialty
Work is to be done by specialists, and people are organized into units based on the type of work they do or skills they have.