Council Meeting Information

October 19, 2007

Room 302, Wyoming Capitol

Cheyenne, Wyoming

 

Council Members Present

Representative Roy Cohee, Chairman

Senator John Schiffer, Vice Chairman

Senator Jim Anderson

Senator Ken Decaria

Senator John Hines

Senator Mike Massie

Senator Jayne Mockler
Senator Tony Ross

Representative Tom Lockhart

Representative Tom Lubnau

Representative Marty Martin

Representative Colin Simpson
Representative Bill Thompson

 

Council Members Absent

None

 

Legislative Service Office Staff

Dan J. Pauli, Director

Mark Quiner, Assistant Director

Dave Gruver, Assistant Director

Dave Nelson, School Finance Manager

Wendy K. Madsen, Legislative Information Officer

 

Others Present at Meeting

Please refer to Appendix 1 to review the Council Sign-in Sheet
for a list of other individuals who attended the meeting.


Executive Summary

The Management Council met for one day on October 19, 2007 in Cheyenne.  The Council discussed the salaries of statewide officials and members of the judiciary.  The Council made recommendations regarding long-term legislative space needs for the Capitol Space Study, provided direction on which committees should review the necessity of various statutorily required reports, and discussed potential ties with China.  The Council also considered legislation related to rebated recapture for school finance and a bill related to legislative per diem, but tabled both of these items for a future meeting.  The members also received updates on the following issues:  administrative rules related to the school foundation program and the workforce housing program, the latest CREG report, school finance litigation, the CSG-West Annual Meeting, and information about the new legislator’s orientation scheduled for February 9, 2008.  The Council requested that the Joint Revenue Committee meet for additional days to discuss the issue of property tax relief and requested that the Corporations and JAC Committee chairmen meet to consider issues related to oversight of the Wyoming Retirement System. The Council discussed out-of-state travel policies, the laptop computer policy, and received information about video conferencing services.  The Council adopted a 20-day schedule for the 2008 Budget Session, adopted a plan related to upcoming redistricting issues, and directed LSO to enter into a contract with NCSL to perform a study of LSO’s compensation structure.  The Council plans to meet again in January 2008. 

 

Call To Order

Chairman Cohee called the meeting to order at 9:05 a.m.  The following sections summarize the Council proceedings by topic.  Please refer to Appendix 2 to review the Council Meeting Agenda.

 

Approval of Minutes

Minutes from the July 12, 2007 Council meeting were approved without changes.

 

Administrative Rules for Council action

Superintendent of Public Instruction Dr. Jim McBride provided an update to the Council about a modification to the School Foundation Program rules to standardize methods districts use to count average daily membership.  He explained that the Department of Education has pulled the proposed rule back and has turned the issue over to the Department’s Data Advisory Group, which is comprised of individuals from across the state (members listed in Appendix 3).  Dr. McBride explained that he has requested that the Advisory Group review current practices and assist the Department in developing a methodology to standardize the data across districts. 

 

Senator Hines requested information on the status of the workforce housing program rules.  Mr. Dave Gruver explained that the Business Council asked for the LSO’s input on proposed rules regarding the workforce housing infrastructure loan program before sending the rules out for review for public comment.  He noted that the LSO does not typically review rules at this stage, but LSO did bring up an objection noting that the rules essentially repeated the provisions listed in statute and did not flesh out certain provisions of statute that called for more definition in rule.

 

Rules approved by postcard ballot

Appendix 4 lists the Council's action on rules taken by mail ballot since the last meeting at which rules were considered.

 

Salaries of State-wide Elected Officials

Chairman Cohee explained to the Council that he requested information from the LSO regarding the salaries for statewide elected officials in surrounding states to initiate a discussion about whether the State is adequately paying its statewide elected officials.  Several Council members also noted that salaries of judicial officials are in need of review.  Dr. McBride commented that it may be difficult to convince qualified individuals to run for the position because of the salary.  The Council discussed out-of-pocket expenses that come with elected positions and Chairman Cohee noted that necessary and customary expenses should be evaluated, as well.  The Council had a larger discussion about salaries throughout state government.  The Council requested that the LSO research staff provide more information to Council members regarding other amenities, in addition to salary, that are provided to elected officials in other states.  The Council took no other action at this time, noting that salaries cannot be increased mid-term, so there is time to consider this issue in the future.  The Council expressed interest in determining if there is a resource to develop appropriate comparators for judicial salaries in Wyoming. 

 

Capitol building space study and future planning

Ms. Wendy Madsen updated the Council on activities of space planning consultant, Carter Goble Lee, to analyze current and future space needs of Capitol occupants.  She explained that the Consultant requested that Management Council provide direction regarding the options and recommendations in the Phase I study of long-term legislative space needs.  The Consultant will use this information to complete Phase II of the study, which includes an analysis of the long-term space needs of other building occupants and will provide options for where legislative and executive branch needs could be housed in the Capitol Complex.  The Council discussed the options in Phase I and provided general direction to the Consultant regarding the Council’s space preferences for macro-level planning purposes.  (Council action listed in Appendix 5). 

 

Senator Hines noted that during session, legislators often work at their desks when the bodies are not in session and that conversations by members, staff, and interns can be very disruptive to others on the floor.  He requested that leadership consider looking at providing direction on appropriate activity on the floor when the bodies are not in session.   

 

CREG Update

Mr. Steve Sommers provided an update to the Council regarding the latest CREG report.  He explained the rationale for the projections, including the impact on natural gas prices caused by lower then expected demand and limited pipeline capacity.  The Council asked Mr. Sommers how much funding will be available for the Legislature to appropriate during the upcoming Budget Session.  Mr. Sommers explained that the CREG report predicts that there will be approximately $3.6 billion in the general fund for the budget cycle, but it is not a straightforward question because it needs to be reviewed against the standard budget and what is already appropriated and in different accounts. 

 

State Agency Reporting Requirements

Mr. Gruver explained that at the request of the Council at its July meeting, the LSO staff developed a list of statutorily required reports and staff recommendations regarding which committee should be assigned to review whether each reporting requirement should be continued.  The Council reviewed the reports and staff recommendations and made referrals for which committee(s) should review the reporting requirements to determine whether these reports should continue to be required in statute. (The Council’s recommendations are listed in Appendix 6.) 

 

Establishing ties with a Chinese provincial legislature

Senator Schiffer summarized a recent visit by the Chinese Ambassador to the University of Wyoming and some of the discussions that came out of that meeting with Wyoming legislators in attendance.  He explained that interest was expressed in determining if the Legislature would like to establish a relationship with Inner Mongolia’s provincial legislature.  He noted that the region is very similar to Wyoming, with sparse population and an agriculture and minerals base.  He noted that the Legislature should consider very carefully whether to open up this kind of dialogue, given the commitment in resources and time.  Senator Schiffer noted that he does not know the mechanics of entering into such a relationship and would explore that with the University of Wyoming.  Senator Anderson noted that although it may create opportunities for students, it is also important to consider China’s world standing.  Senator Hines noted that Wyoming already has a sister state relationship with Taiwan.  Senator Anderson moved that Senator Schiffer obtain more information for Council’s consideration at a future meeting, including the purposes of the relationship.  The motion carried.  

 

Education Issues:

Chinese language curriculum

Senator Schiffer explained that as part of the Chinese Ambassador’s visit to Wyoming, discussions were held about programs to enhance the ability of students in Wyoming to learn to speak Chinese.  He provided a proposal from the Wyoming Department of Education (see Appendix 7) to work with the National Security Education Program, which will have grants available to pursue such opportunities.  Senator Massie moved that Senator Schiffer work with the Wyoming Department of Education to bring a plan to the Council regarding how to implement the proposal.  The motion carried. 

 

School Finance litigation update [Executive Session]

The Council resolved itself into Executive Session at 11:30 a.m. to hear an update on the education litigation from Mr. Mike O’Donnell.  The Council reconvened in open session at 12:30 p.m.

 

Rebated recapture legislation

Mr. Dave Nelson explained proposed legislation to address outstanding issues related to rebated recapture.  The legislation would clarify the repeal of statutory provisions providing for the computation of maximum recapture and the rebate of excess amounts to recapture districts, related to the adoption of the 2006 constitutional amendment eliminating rebated recapture.  He noted that this legislation has also been brought to the attention of the Joint Education Committee.  Senator Massie moved to table consideration of the bill until the Council’s next meeting.  The motion carried.   

 

Committee Issues:

Proposal Related to Property Tax Relief

Senator Mockler brought up the Governor’s letter to the Wyoming Legislature regarding a possible constitutional amendment for property tax relief  (see Appendix 8).  The Council discussed various programs that already exist to provide property tax relief and proposals that have been considered in the past to address the problem.  Senator Schiffer moved to authorize the Joint Revenue Committee three more days of meeting to address the issue of property tax relief and to inform the JAC of Committee action on this issue, given potential revenue impacts.  The motion carried.

 

Authorization to attend Energy Council meeting

Mr. Pauli stated that the Energy Council’s conference in December will be held in Alberta, Canada.  He explained that Management Council approval is required for legislators who wish to attend meetings outside of the continental United States.  He noted that in recent years, Council has approved a total number of legislators who may attend the meeting and has delegated authority to the Speaker and President to designate which members from each house may attend.  Representative Lubnau moved to approve travel expenses for up to 12 members to attend, six from each house.  The motion carried. 

 

Authorization to speak at the Western Leadership Academy

Chairman Cohee explained that Senator Schiffer has been asked to speak at the CSG-West Western Leadership Academy in December and has asked Council to approve his travel expenses, including flying from Casper to Colorado Springs.  Senator Ross moved to pay travel expenses for Senator Schiffer’s attendance as a presenter at the Academy.  The motion carried.

 

Designate committee for Retirement System issues

Senator Schiffer explained that the Management Audit Committee reviewed the Wyoming Retirement System.  He noted that one of the recommendations from the program evaluation staff report was to designate a legislative committee to provide oversight of the Wyoming Retirement System, in addition to the legislators who serve on the board in an ex officio capacity.  The Council discussed the possibility of assigning the Corporations Committee to provide this oversight and requested that the Corporations chairs meet with the chairmen of JAC prior to the next meeting to discuss this issue.   

 

Modifications to laptop computer policies

Mr. Pauli explained that the Select Committee on Legislative Technology has provided modifications to the Management Council’s laptop policy and has requested that the Council review the proposals.  He noted that the changes simplify the policy and conform to current practices.  He noted that part of the proposed changes would allow the Select Committee to periodically revise laptop specifications without having to amend the Management Council policy.  Senator Ross moved to approve the proposed changes in the policy.  The motion carried.

 

Distribution of committee meeting summaries

Mr. Pauli explained that the first paragraph of committee minutes provides an executive summary of the meeting.  He noted that the LSO has received a request to send an e-mail of the executive summary for each meeting to all legislators.  However, he noted that many legislators complain about the volume of e-mails they receive.  Representative Lockhart moved that LSO e-mail the summaries to legislators.  The motion carried.  

 

Video Conferencing

As requested at the July 2007 Council meeting, Ms. Patty Wells explained research she prepared regarding different vendors that provide web and video-conferencing services, the services each vendor provides, and the costs for the services.  (See Appendix 9).  Senator Massie noted that there are a number of policy issues that would need to be addressed if the Legislature wanted to consider this technology for meetings.  Chairman Cohee recommended assigning this topic for review by the Technology Committee during the 2008 interim.  The Council also discussed the current technology available in the state for videoconferencing, including A&I’s system and the Department of Education’s WEN network.  The Council requested more information about these services from staff. 

 

Session Issues:

Honorary Page program – Information Only

Ms. Madsen explained that the House received requests from legislators during the 2007 General Session to allow “honorary pages” to assist in the House.  She explained that the House Chief Clerk requested information regarding such programs in other states.  Ms. Madsen summarized programs in other states and noted that if the House and Senate offer such opportunities, the bodies may wish to consider adopting policies to structure the program and to reduce the liability of the Wyoming Legislature. 

 

EU Ambassador's visit

Ms. Madsen explained that Ambassador John Bruton, the head of the Delegation of the European Commission to the United States will be visiting Wyoming in February and would like the opportunity to address the Wyoming Legislature as part of his visit.  Senator Schiffer moved to invite Ambassador Bruton to address the House and Senate separately in each chamber during his visit to Wyoming. 

 

New legislators pre-session budget training

Ms. Madsen explained the planning underway for training for freshman members regarding issues related to the Budget Session.  She noted that the orientation session is scheduled for Saturday, February 9, 2008 and requested direction from Council regarding training topics and faculty.  She noted that there are sufficient funds to pay freshmen mileage, per diem, and salary for attending the training.  Representative Lubnau moved to approve the proposed budget for the training.  The motion carried.  Chairman Cohee suggested that the presiding officers and minority floor leaders and Senator Mockler serve as faculty for the training.  Representative Illoway addressed the Committee regarding a new book written by Mr. Bill Ward about paintings by E.W. Gollings, including the pieces that hang in the Chambers.  He said that Mr. Ward would be willing to give a presentation on the Gollings paintings to the Legislature and perhaps this could be done as part of the training.

 

Budget Session Schedule

Mr. Pauli explained proposals for the 2008 Budget Session schedule.  He noted that the proposed 20-day schedule would allow three days to be held in reserve, since the Legislature met for only 37 days during the 2007 session.  Representative Simpson moved to adopt the 20-day schedule.  The motion carried. 

 

Miscellaneous:

CBM Draft Bill

Mr. Pauli explained that the Coalbed Methane Task Force presented recommendations to both the Joint Agriculture and the Joint Minerals committees in September.  The Joint Agriculture Committee voted to draft a bill based on the recommendations of the Task Force.  The Committee does not have any more meetings scheduled this year.  He explained that the Joint Minerals Committee would also like to sponsor the draft bill and will be meeting in December.  Council has been requested to determine which committee should sponsor the bill.  (See Appendix 10). Senator Ross moved to assign the bill to the Minerals Committee.  The motion carried. 

 

Out-of-state travel

Chairman Cohee explained that he asked the issue of out-of-state travel be considered on the Council’s agenda.  Mr. Pauli explained the current Management Council policy regarding out-of-state travel, noting that prior to 2003, the policy required all out-of-state travel require the advance approval of the Speaker or President.  Beginning in 2003, Council authorized a more liberal travel policy allowing each legislator to attend two out-of-state meetings each year of national organizations to which Wyoming belongs without prior approval.  Chairman Cohee noted that it is difficult to budget when it is unknown if legislators will request to attend more than two meetings.  He also noted that many of these meetings are beneficial and it is difficult to turn a member down who wants to attend a valuable meeting.  Senator Schiffer moved to consider a policy change at the next Council meeting to require Council approval if a member wants to take more than two trips.  The motion carried. 

 

CSG-West Annual Meeting Feedback

Ms. Madsen summarized the activities of the CSG-West Annual Meeting, hosted by the Wyoming Legislature in Jackson in September. (See Appendix 11).  She noted that Wyoming exceeded its fundraising goal and that attendance was up dramatically from the 2006 meeting in Colorado.  She commented that hiring consultants, Liz Brimmer and Danielle Enzi, to perform the event planning and fundraising services was a good policy and recommended that Council consider this option in the future, if the body elected to host such meetings again.  She commended the consultants for their efforts and noted that they provided services above and beyond their contract.   Mr. Pauli explained that about half of Wyoming legislators attended the meeting and noted that the Legislature authorized funds during the 2007 session for legislators to attend the event. 

 

Census/Redistricting planning

Mr. Pauli and Mr. Mark Quiner explained a proposed schedule, plan, and budget to provide GIS support for the upcoming redistricting efforts (See Appendix 13).  Mr. Pauli noted that LSO staff will not get directly involved in GIS redistricting work until after the next census and that this proposal is to contract for legislative support through A&I’s Technology Division until after the census.  He noted that the work currently going into preparation for the census is an executive branch function. Representative Ross moved to accept the plan and budget presented by staff.  The motion carried.   

 

Legislative per diem

Representative Illoway brought draft legislation for the Council’s consideration regarding legislator per diem.  He noted that the federal rate has increased and that he believes it is time to review the legislative rate.  The Council discussed the other boards and commissions that tie their compensation to the legislative rate.  Ms. Vicki Colgan, from the State Auditor’s Office, provided information regarding this issue under the IRS Code.  Mr. Pauli noted that per diem is not considered part of salary, because it is an expense, so the Legislature can raise the per diem rate during member’s terms.  Senator Massie moved to table the bill and place it on the next Council agenda.  The motion carried.

 

LSO Personnel Issues

The Council resolved itself into executive session to consider issues related to personnel at 3:50 p.m. The Council resolved itself back into open session at 4:10 p.m.  Senator Anderson moved to direct LSO to enter into a contract with NCSL to perform a study of the LSO compensation structure.  The motion carried.  The Council further approved Mr. Pauli's recommendation to use the vacant staff attorney position to hire an additional entry level research analyst to help with the workload resulting from the resignation of the research manager. 

 

Other Business

The Council expressed a preference to hold its next meeting in January. 

 

Meeting Adjournment

There being no further business, Chairman Cohee adjourned the meeting at 4:20 p.m.

 

 

Respectfully submitted,

 

 

 

Senator Jayne Mockler, Secretary

 

 


 

 

 

 

 

 

 

 


Appendix

 

Appendix Topic

 

Appendix Description

 

Appendix Provider

1

 

Council Sign-In Sheet

 

Lists meeting attendees

 

Legislative Service Office

2

 

Council Meeting Agenda

 

Provides an outline of the topics the Council planned to address at meeting

 

Legislative Service Office

3

 

Administrative Rules

 

Data Advisory Group Members

 

Legislative Service Office

4

 

Administrative Rules

 

Council’s action on rules

 

Legislative Service Office

5

 

Capitol Space Study

 

Management Council Recommendations for Phase I of Space Study

 

Legislative Service Office

6

 

State Agency Reporting

 

Committee assignments to review Statutorily Required Reports

 

Legislative Service Office

7

 

Education Issues

 

Letter from Wyoming Department of Education with language proposal

 

Wyoming Department of Education

8

 

Committee Issues

 

Letter from Governor regarding property tax relief

 

Wyoming Governor’s Office

9

 

Committee Issues

 

Matrix of Web Conferencing Options

 

Legislative Service Office

10

 

Miscellaneous

 

Coalbed Methane Task Force letter

 

Legislative Service Office

11

 

Miscellaneous

 

Statistics about CSG-West Annual Meeting

 

Legislative Service Office

 


[Top] [Back] [Home]