COVID-19 is awful, but it presents opportunities. Organizations and enterprises of all sorts have hampered the ground level with layer upon layer of pre-conditions, assumptions and rules from senior levels or outside agents. They have slowed, usually prevented, the adoption of materially better processes, approaches and technologies. Now, in order to “get things done” in a socially distanced, Zoom-meeting world the resistance can be seen melting away, and in its wake, better ways of operating.
A local government example: I have been serving on my local zoning board of review for three years. In that time I have become accustomed to the behavior of local lawyers representing homeowners and businesses in pursuit of dimensional variances and special use permits. Almost never worth more than a sentence, the testimony presented by architects, engineers and appraisers would run for 15 to 30 minutes each on why the permit or variance should be granted. Meetings ran from 7 to 11 p.m. once a month, and in many months additional meetings were needed. We had 18 meetings in 2019.
Because of the virus, we heard no cases in March, April or May. By June state and local officials had figured out how to operate open, fair and legal meetings via Zoom. In June the lawyers still had architects, engineers and appraisers at the ready, but behavior has changed.
The lawyers now attest what these people will testify to—usually mundane confirmation of least relief or compliance with water management or some such. If the zoning board accepts the attestation, we move on, having consumed five minutes instead of 30 to 45—often more—all to enormous benefit:
- Our backlog of cases from the shutdown spring is evaporating faster than anyone expected, so businesses and residents can get on with their lives.
- Citizens, lawyers and experts often used to sit through a four-hour meeting and not get a chance to be heard before the 11 o’clock witching hour, forcing them to come back another day, and often forcing the board to schedule an additional meeting —not anymore.
- All of that testimony and all of that time generally amplified legal fees, driving up the cost of applications and not, usually, providing much illumination to the board.
Our having a brief 5-10 minute statement of the case and testimony only if there are material questions about key issues has been discussed, one way or the other, the entire time I’ve been serving. But that change wasn’t close to being implemented pre-COVID-19 due to factors like:
- the inertia of past practices,
- fear of unintended consequences to the town and/or the applicants’ interests,
- the challenge to get stakeholders in one conversation,
- state official meeting laws (outside agents) preventing ad hoc examination of opportunities by groups,
- fear of costs, and technical designs more elegant than practical.
COVID-19 in 2020 is an example of a catalyst that upends almost everything and creates the proverbial “burning platforms” that change agents covet. Organizations and enterprises of all stripes have myriad stakeholders who pursue their interests and points of view and who block ideas for advancement that are not overtly beneficial to them. The right catalyst unfreezes those holds on progress, at least for a time.
At the same time many of the great ideas that are held in abeyance by stakeholder resistance are exposed to over-design. Overtly or implicitly, the thought is that “if the right combination of increasingly sophisticated technologies and methods are added on, then the stakeholders have to agree to fund us.” In the case of public entities like the zoning board, until the governor gave legal and political cover to on-line meetings as valid public meetings, the networking technologies and IT curation and chauffeuring needed to hold a legal meeting was very expensive and resource intensive to configure and maintain. It was certainly more than the town was willing to spend and involved technical resources we couldn’t afford. Now we can do it with Zoom and nine low-cost laptops, one per meeting participant.
Given that public meetings can be run electronically, we may never go back to the old way of receiving long, drawn-out, expensive testimony even after COVID-19 is controlled. Beyond that, the Zoom reality makes it possible for all to conceive of receiving visual artifacts like plot layouts or architectural designs on each participant’s PC. It’s hard to describe the amount of paper saved, confusion avoided and consensus gained.
COVID-19 is not to be trifled with, and its effects in disease and death are terrible. But it also creates a necessary unfreezing from time-honored assumptions about how things do and must work.To meet the challenge of the unfreezing, look for otherwise good ideas that have been stalled, especially by the lethargy of stakeholders. Look for otherwise good ideas that have been rejected or slowed due to too much technology and too many features where a more straightforward action might be better. If you are not the innovator, look for the lone nuts who have been waiting for their opportunities. Be their first followers. If we have to suffer COVID-19, we should make our silver linings.
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Interesting post about the unintended consequences of covid. Question: has an unsuccessful lawyer threatened to sue over the use of Zoom? Or was that the “cover” provided by the governor for such proceedings?
Not just for zoning but for all town meetings (town council, planning, school board, etc.) the state ordinances on meetings had in it a requirement that five voting members be physically present for all hearings of evidence (i.e. the same 5 even if the hearings lasted over multiple meetings) and that all approvals had a 4-1 vote in favor or better. If a full member was absent or recused one of the alternates would fill the requirement of 5 voters. IF only four committee members were present the requester of the variance or special use permit could, at their option, proceed with a hearing requiring all four of the present members to vote “yes” for an approval.
The only thing that has changed is the requirement to be physically present. Especially in the spring that was unlikely due to fears and concerns. But even now, all members, who used to sit cheek-to-jowl, sit 6 feet apart, the alternates are no longer at the main table (not enough room), and the applicants, their attorneys and experts, and any public who wish to watch or participate, and the town zoning staff and attorney also must practice distancing. The net effect is the requirement of physical presence became unworkable.
As it happens Zoom was available at a service quality and price point that is attractive. The Governor relaxed the physically-present obligation and now most members of our town council do their meetings from home, as do some on most panels.
Doug,
Thank you for your astute observations of real-life adjustments to the pandemic. I recently managed a non-profit effort to assist families in need of support for children stuck in remote learning while their parents are working. Our effort entailed many meetings with the local Board of Health and Select Board. All the sessions were held on Zoom.
I was amazed at how well the process went and how easily the various board members adapted. I welcomed the convenience of attending meetings from my home, and I expect the board members would feel the same way since most perform their duties for little to no compensation.
I hope these changes outlive the pandemic. Perhaps the small town governments need assistance to offset the outside influencers you describe. Maybe a survey of success stories and data that provide hard evidence of the benefits gained at no loss of process integrity? I look forward to hearing more.