CHAPTER 6 – Lobbyist

I learned at the outset how important “Who you Know” matters, compared to “What you Know.”  Someone could have all the best information in the world, but if there was no ear to listen, you were wasting your time. 

This lesson was burned into my soul when I learned that some of my Board Members were plotting to remove me from the legislative research service I founded.  If it had not been for my wonderful friendships with dozens of Texas House and Senate members, I could have been swept away by “less-than-kind” individuals. 

Although I was enjoying teaching and consulting, I decided to apply for an interesting job as Senior Regional Attorney at Mobil/Montgomery Wards.  The job would have me traveling to 38 states and Washington, D.C. representing the interests of Montgomery Wards, Mobil, and the National Container Corporation.  Unfortunately, I would have to office in Kansas City, MO and Chicago, IL even though I lived in Austin, TX. 

To my delight, I got the job, but it proved to be a huge strain on my family.  Officing in Kansas City meant I would have to fly out of Austin on Sunday evening and fly back home after work on Fridays.  I lived in a hotel room for over six months, endured the harsh Mid-Western Winters, and was the victim of too much room service.  Even so, I had an amazing job.

I was assigned to The Regional Office’s Law Department.  Although many in the department were assigned to property issues, I devoted almost all my time to lobbying.  This included traveling to 38 states, listening to business associations, monitoring legislation, and “schmoozing” with lawmakers.  During most weeks, I spent every day on the road, but after a while, your body-clock just gets “unset.” I would have my Kansas City Secretary call me each morning to give me a business calendar update, but also to remind me where I was! 

Meeting other lobbyists and legislators from across the country was an eye-opening experience.  I was impressed by the “Lobby Code” which taught me you can never lie or intentionally mislead a legislator.  If you misinform a legislator, and the legislator relies on that misinformation, and it goes bad for the legislator, your reputation in the State Houses and the Lobbying community is trashed.   You are no good to your client or any client.

Legislators want to know the truth.  Yes, they know you have a particular bias, but they want to know your position and the arguments that support it.  That same legislator will then get together with lobbyists presenting other points of view and hear their arguments.  In the end, the legislator knows all sides of an issue presented by very knowledgeable sources, and can make up their own mind.  I learned over the years telling the truth made it possible to build great friendships and long term working relationships.

This doesn’t mean every legislator is truthful or honest!  I was officing in Chicago when I learned a member of the Arkansas House of Representatives had introduced a bill that said:  If you haven’t been selling eye glasses in Arkansas for five years, then you couldn’t sell eye glasses in Arkansas.  This was designed to prevent major retailers coming into Arkansas and competing with local opticians.  Montgomery Ward had major optical departments in all of its stores; this new law would have closed down Opticians in Arkansas’ Montgomery Wards, Sears, and J.C. Penney.

I hopped a flight to Little Rock, arrived at the State Capitol by mid-day, and found the committee considering this Optician Bill.  I asked the committee clerk if I could testify; he agreed.  After introducing myself to the committee, I asked the members to consider the “restraint-of-trade” issues associated with this bill.  There was no recognizable response from the committee members.  The chairman politely thanked me and I was invited to leave.  I saw my brief testimony made no difference.

I picked up the phone and called an old running buddy, Mark White, now the Texas Attorney General.  He suggested I contact the Arkansas Attorney General and see if he could intercede with the committee since the bill was obviously unconstitutional.  I thanked Mark and agreed to join him for a “run” when I got back to Texas.

Wandering into the Arkansas Attorney General’s Office, I was impressed by the laid-back demeanor of the office staff.  I wound my way to the Attorney General’s outer office and asked if I could have just a few minutes of his time.  As an aside, I shared with the secretary that Texas Attorney General Mark White suggested I drop by for a visit.  This seemed to turn on a switch bringing renewed activity to the office.

Within five minutes, I was face-to-face with Attorney General Bill Clinton, an impressive man that went out of his way to make me feel “at home.”  He opened the conversation by asking about Mark and whether I could outdistance him.  I laughed complaining that he had gotten the best of me at our last run at the University of Texas Stadium.

Bill Clinton asked me what was on my mind.  I explained the Optician Bill pending in the House Committee.  He grinned saying that sometimes Arkansans have a good heart but it gets expressed in unconstitutional ways.  He invited me to have a run with him.  It is always amazing what gets done during a pleasant jog!

Clinton and I rendezvoused at the committee room facing the glaring eyes of the committee chairman.  The Attorney General asked if he could say a few words.  It was easily agreed.  Clinton pointed out it was his responsibility to inform the committee that this bill would be found unconstitutional by the courts.  A motion was made to place the bill “on-the-table” killing the bill.  I thanked Clinton and left for the airport.  I phoned Mark White from the airport thanking him for his advice.

Two weeks later, I received another phone call from the Arkansas Retail Merchants Association alerting me a State Senator had re-introduced that nasty Optician Bill, so I agreed to catch a flight and revisit the issue.  As I walked up the steps to the State Capitol Building, I was confronted by two “muscled gentlemen” who told me that I needed to go back to Chicago.  They added if I didn’t leave Arkansas, they would break my knees.  We had several minutes of dead quiet while I pondered my alternatives. 

Just as if I were watching an ancient Greek Play, God intervened and got me out of a very difficult situation: deus ex machina!  A group of about sixty middle school kids arrived at the foot of the Capitol steps waiting for permission to enter the building.  I wedged my way into the group talking to the kids and explaining various aspects of the Capitol Building.  No, this was not the Texas Capitol Building, but I was still an old tour guide at heart.

The students, teachers, and one lobbyist wandered our way up the steps into the State Capitol Building.  I was quickly out of sight, and on my way to see the State Senator who was sponsoring this bill.  I located him leaving the Senate floor and asked if I could have a few moments.  I shared my history with this bill in the Arkansas House of Representatives including testimony rendered by the Attorney General.  The senator was not affected by the fact that the House had pulled down the bill.

The senator pulled me over to the side of the hallway and whispered to me: “If you have $60,000, I’ll kill this bill.”  I told the senator this was not the way my clients do business.  The senator walked away.

I returned to Kansas City having left the Optician Bill unresolved.  I talked to the Arkansas Attorney General who assured me he would do anything he could to help kill the bill.  Later that week I learned this ugly bill had passed the legislature and was on its way to the Governor’s Office for his signature. 

Interestingly, the Attorney General and the Governor were old friends.  Clinton utilized this friendship to get the Governor to veto the bill.  We had won, but I received word I would be a persona non grata in Arkansas.  I have rarely visited the State since then.

Years later I learned why these people had pushed so hard to pass this bill.  Apparently several local Optical Shops were laundering money for the mafia.  The competition from Sears, Penneys, and Wards would have diluted their ability to laundry money through their businesses.     

State Senator H.R. “Doc” Blanchard

Being a lobbyist is based on respect and friendships developed over the years with legislators.  This includes taking people out to eat, or traveling with the families on their vacations.  This also included helping them out during legislative emergencies. 

I remember one of these “emergencies” when Lubbock State Senator Doc Blanchard brought his son to the State Capitol Building on a legislative day.  Doc realized he needed to speak on the floor of the Senate, so he beckoned for my help.  I was seated in the Senate Gallery. 

I arrived at the Senate Door to hear Doc begging me to watch over his son while he took care of Senate business.  I hastily agreed, and said hello to John Ben escorting him off the Senate floor.  It dawned on me we could have a great experience by exploring the two domes over the Capitol Rotunda. 

I got the keys from a DPS Officer and proceed to escort John Ben up the spiral staircase that took special guests in between the two domes.  Interestingly, there are only just a few domes in the world that have both an inner and outer dome.

Once we reached the gondola above the dome, John Ben saw a ladder leading up to several round windows at the top of the structure.  I turned my head for just a minute only to find John Ben had crawled out one of these windows and was sitting at the base of the Goddess of Liberty statue almost 300 feet above the ground.    

I yelled:  “John Ben, please come back in.”  He didn’t respond.  I realized he was petrified by the height.  At this point, I could see newspaper headlines that read:  Lobbyist Lets Senator’s Son Die.  This wasn’t going to happen!  I grabbed his pants leg and drug him back into the gondola.  We both came down from the Capitol Dome a little bit wiser.

State Senator Oscar Mauzy

On another day, I did a huge favor for State Senator Oscar Mauzy, a great guy from Dallas.  He had asked for a favor that was eventually going to make me vulnerable to criticism.  Sensing that I was upset, Oscar called me into his office and gave me some well-remembered advice.  He said there would be some time in the future when I would have the opportunity to get back at the criticizing party, but he warned it would be better for me if I just let the ill-feeling roll off my back.  He said I would be a better person for this!

Another thing I remember about Oscar Mauzy was his legislative district.  Even though he was from Dallas, he preferred more rural constituents.  He was influential in getting the State Senate Redistricting Committee to redraw his legislative district so that it included rural areas stretching from South Dallas to College Station. 

The resulting district was unusual for it shape: long and very narrow.  The running joke was that if Oscar drove his car (with the doors open) through his district from Dallas to College Station, he would kill half of his constituents!  It was that narrow!!

Time with Daughters

The long weeks away from home gave me an opportunity to have some special “alone time” with my daughters.  I remember the trip when my two little girls flew by themselves to Kansas City.   I met them at the gate and rattled away at all the fun we were going to have at the hotel:  swimming pool, ice cream shop, room service, and more. 

Becca and Debbie were enjoying themselves in the pool after a wonderful experience at the Ice Cream Shop.  Becca had the extra-large chocolate sundae.  The kids loved the hotel pool because half of the pool was outside the main building; the other half wound its way into the entry area. 

I remember Becca asking me if I would hold her!  Of course I did.  Then I heard urp, urp, urp, blub-blub-blub.  Becca had thrown-up the sundae on my shoulder and into the pool.  Large chocolate blobs were now floating in the pool.  The kids and I were horrified!  We gathered our gear and sped off to the hotel room.  We hoped no one would notice. 

Debbie, Becca, and I caught the flight to Austin the next day.  We had countless laughs about how we bombed that Kansas City Hotel pool!  Even though I stayed at that same hotel for many more months, no one ever said anything about the “pool drama.”

Post-Mobil/Montgomery Wards – Managering Partnership

I then found myself in a downsizing Regional Office in Kansas City.  The old expression “last-in-first-out” applied.  My job was being eliminated.  I have no regrets because of the wonderful experiences over my years as a national lobbyist.  The financial rewards helped me buy our home in Plano including drapes and furniture.  In any event, it was going to be great staying in one place.  I will never forget watching Becca go off to Elementary School and regretting that I missed so many precious moments.  Now, I would be there for her.

I opened my own Law Office in Plano only to find myself being invited to be the Managing Partner of a Law Firm from New Orleans.  The firm had just received a major contract to handle the Banking Law for the largest bank in Dallas.  Having New Orleans roots seemed to help me get the job!

Wow . . . . I was now the Managing Partner of a Dallas Law Firm with a staff of twenty people.  I also realized I didn’t know anything about Banking Law, the firm’s specialty!  I taught Constitutional Law and Family Law in Law School; I was an authority on Texas Legislative Law, but I never practiced Banking Law.

My first trial against a person who failed to repay a major bank loan turned out to be a nightmare.  I spent two weeks preparing for this first case, but it all seemed so novel and unfamiliar.  The Judge asked if I was ready to present the plantiff’s case.  I asked if I could approach the bench.  I told the judge I didn’t have enough time to complete “discovery,” and would he give me two more days.   He agreed.

Sitting in front of me on the court table was a Law Practice Manual published by Attorney John Eikenberg from Houston.  This manual was designed to help the uninitiated lawyer practice Banking Law.  I hurried to a phone and called John explaining I was over my head with Banking Law and would he help me.

John seemed very sympathetic to my stress, and asked what my specialty was in the Law.  I told him Legislative Law and Political Campaigns.  He seemed particularly interested in my experience running campaigns.  At that time, I had been involved in seventeen national, state, and local campaigns including meaningful jobs in the Ralph Hall and Waggoner Carr campaigns.  My old company, Executive Services Inc., provided major research for campaign staff as well as conducted polling for campaigns throughout Texas.       

John Eikenberg told me he had a brother living in Plano, Texas who wanted to run for the Texas House of Representatives.  John offered me a deal:  he would help me with Banking Law if I would help his brother win a state house election.  We had a deal! 

I went on to win that court case and many others, but realized I preferred lobbying and political campaigns to the court room.  Lobbyists are like World War II bombers: they bomb from 20,000 feet and feel little from the impact of their actions.  On the other hand, the practice of Banking Law is like fighting hand-to-hand combat in the trenches!  You get to see more clearly the impact (and pain) of your actions. 

After leaving the courtroom, I headed to Plano, Texas to meet Frank Eikenberg.  I remember knocking on Frank’s door, entering his office, and announcing that I was sent by his brother to help him defeat his upstart Republican Opponent.  Frank looked at me, grinned, and said:  “I am that upstart Republican Candidate! 

Up to that point, I had worked on political campaigns for Democratic candidates, but that was not to deter me.  I held true to my word and got Frank elected, and later re-elected for a second term.  He lost his seat however when his wife caught him dallying with a lovely young lady from his Austin legislative office.    

I was soon to leave the law firm and return to my private practice and teaching.  My work at Brookhaven College, one of the seven Dallas County Community Colleges, caught the attention of Chancellor Jan LeCroy.  He offered me a job being the lobbyist for Texas Community Colleges . . . . . specifically the Dallas County Community College District.  This was a school larger than the University of Texas at Austin, but with a huge variety of special issues spread out through seven campuses.  It was a wonderful opportunity so I took it!  

I moved to Austin for the 140 calendar days of the regular session of the Texas Legislature, and commuted back to Dallas mid-week and on weekends.  Again, I would rent facilities in the Westgate Building across the street from the State Capitol so that I could live and breathe the life of the state legislature.  I even had the opportunity to watch the roof of the Texas Senate burn in a freak fire that engulfed the East End of the State Capitol Building.  My 18th floor balcony gave me a perfect view of the heroic actions by the Austin Fire Department to save the Lt. Governor’s Apartment.    

Working as the lobbyist for Dallas County Community Colleges was a great job because it gave me the opportunity to represent the needs of teachers, as well as administration.  This lasted for about eighteen months before I left this lobbying job and returned to teaching at Brookhaven.  I developed several differences of opinion regarding how the DCCCD Board was planning to address certain teacher issues.  As they would put it, I lost their confidence. 

The rule of thumb in lobbying is that if you and your client disagree, it is time to step aside and make room for a new lobbyist.  I returned to Brookhaven to teach college, but I was looking for a new challenge.  A fellow teacher at Brookhaven suggested I look at the Greenhill School.  This was a well-established college prep school located near Brookhaven.  She said they could use a person “like me.”  This would lead to my full time teaching career. 

Bull Riding

Back in my senior year in college, I made many great friends including a pair of twins from South Texas.  These guys were on my same “glide path” leading to Medical School.  We were suffering the same kind of anguish: should we go to medical school or do something else. 

You already know my decision to go on to Law School.  My twin friends also decided they didn’t want to go to Medical School, but wanted to become cowboys!  Yes, cowboys!

They each were due to inherit millions form their South Texas ranching family, so it seemed logical for them to fulfill their cowboy dreams now.  They found their new home in Wyoming. 

I was often invited to visit and share the fun of their small town rodeo.  Since I lobbied in the State of Wyoming, it was often possible for me to visit my cowboy friends who now had a ranch just outside Casper.  They would dare me to try bull riding!  They argued my short stature would make it easier for me to stay on the bull!  Visit after visit I would graciously decline, but one day, I just lost good sense and agreed!  The call of a new adventure raised its ugly head!

They got me registered with the small rodeo organization.  The time came for me to meet my bull.  He was a young bull that seemed smaller the others, but his snorts and leaps indicated he was full of “vinegar.”  The twins helped me settle onto the bull in the holding pen, the holding gate opened, and I was off for the ride of my life.

The eight seconds of that ride seemed like an eternity.  I didn’t fall off, but everything inside of me seemed broken.  One of the twins pulled me off the bull from his horse and I made a less than graceful fall to the ground.  I dusted myself off, found my hat that left me early in the ride, and tried to walk casually from the arena.  Unfortunately, I got kicked in the gluteus maximus by a passing animal and didn’t walk straight for weeks.

I would continue to visit my friends when I returned to Wyoming, but never mounted another bull.  I love horseback riding . . . . not bull riding.  Interestingly, I never told my family about this.  I knew my wife would worry!  They did ask why I was having difficulty walking.  I told them it was from a weight-lifting accident which I was prone to do anyway!

I lost track of the twins when they moved back to South Texas.  They definitely gave me an eye-opening experience in a rodeo arena.  I loved the adventure of it all!