Council Meeting Information

October 27, 2008

Oil and Gas Commission Building

Casper, 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 Tony Ross

Representative Tom Lockhart

Representative Tom Lubnau

Representative Marty Martin

Representative Colin Simpson
Representative Bill Thompson

 

Council Members Absent

Senator Jayne Mockler

Legislative Service Office Staff

Dan J. Pauli, Director

Mark Quiner, Assistant Director

Dave Gruver, Assistant Director

Wendy 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 Council handled numerous administrative items including authorizing budget increases for several committees, and approving policies relating to state plane travel and use of private laptops during session.  The Council was updated on public relations and media issues, planning for the new legislator orientation, school finance litigation and numerous other miscellaneous issues.  The Council approved a tentative schedule for the 2009 session and formed a subcommittee to consider space issues in the capitol complex.

 

Call To Order

Chairman Cohee called the meeting to order at 12:10 p.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 May 13, 2008 Council meeting were approved without changes.

 

Administrative Rules

Rules approved by postcard ballot

Appendix 3 lists the Council’s action on rules taken by mail ballot since the last meeting at which rules were considered.

 

NCSL Compensation Study

National Conference of State Legislatures (NCSL) staff Brian Weberg, Tim Storey and Natalie O’Donnell were present to discuss the study of LSO Staff Classification and Compensation.  Mr. Storey reviewed their draft report, which concluded that the Wyoming Legislature currently offers competitive pay and benefits for its employees and that the current pay structure reflects consistent internal equity based on the duties and responsibilities of current positions.

 

Senator Anderson asked whether the study had taken into account the unique circumstances involved in working in the legislative branch.  Mr. Storey noted that was taken into consideration and that for a number of the positions, NCSL examined other legislatures to determine the market.  Responding to questions from Representative Lockhart, Mr. Storey explained that while there has been some recent turnover in LSO staff, turnover has been fairly low over time and noted that Wyoming has an impressive core of long-term employees.  Responding to Representative Simpson, Mr. Storey noted that difficulty in hiring and retaining staff attorneys may be due to long hours and other factors besides pay.  Mr. Storey recommended reviewing classification and market pay for benchmark positions every two years and doing a full review of the system every five to eight years. Chairman Cohee noted that even without a formal structure in place it appears the Legislature has done a fairly good job in compensating the LSO staff. Mr. Storey acknowledged that the process has worked very effectively in the past. 

 

Committee Budget Requests:

Mr. Pauli explained that, if authorized by Council, excess money from other committee budgets can be reallocated to pay for the budget requests presented at this meeting.  Representative Simpson moved to authorize LSO to reallocate committee budgets and to approve the following budget requests and the motion carried: 

 

·         Select Water: increase budget by $7,500

·         Joint Minerals: increase budget by $2,500

·         Joint Travel: increase budget by $2,000

 

Management Audit: Request funds for Peer Review

Senator Schiffer explained that the Management Audit Committee is requesting a peer review of the program evaluation function.  Auditing standards recommend a periodic peer review and Wyoming has never underwent such a review.  He noted that Barbara Rogers is retiring in January, so it would be good to analyze the function during the transition.  He noted that the Committee does not have any concerns about the function, but that staff believe this is good practice.  He also noted that the staff have consistently received recognition for their outstanding work.  Mr. Pauli explained that the estimated cost of the peer review would be $16,500 at the most and that the work would be conducted through NCSL, which puts together a peer review team using program evaluation staff in other states.  Senator Schiffer moved to have LSO proceed with a peer review of the program evaluation function.  The motion carried.

 

Energy Council: Travel authorization
Chairman Cohee explained that the Energy Council will be meeting in Vancouver, British Columbia in December and that travel outside the continental United States by legislators needs to be approved by Council.  Mr. Pauli explained that in the past Council has approved a specific number of House and Senate members that would be authorized to attend.  Representative Lockhart moved to approve travel to the meeting for six House members and six Senate members approved by leadership, with the flexibility of leadership to allocate more or fewer members from each body, for a total of no more than 12 legislators between the two houses.   The motion carried.  Senator Anderson noted that given the cost of travel, asking members to report back about what occurred at the meeting would be beneficial.  Chairman Cohee noted that this may be a policy consideration for travel for the new Council to consider.

 

Council Policies:

Authorization for state plane travel

Mr. Pauli presented information about the current policies regarding use of the state aircraft, which allow travel to interim committee meetings, if the cost is reasonable.  The current policies also allow a member to travel to special activities on the state plane with approval of the Management Council chairman or vice chairman.  He explained some of the difficulties of the economics of using the state plane, especially since it is based in Cheyenne, which ends up favoring Cheyenne legislators.  He noted that the Legislature hasn’t made a lot of use of the state plane, but the policy is there.  He explained that at its May meeting the Council asked LSO to develop draft policies related to other circumstances for use of the state plane for Council’s consideration. 

 

Mr. Pauli explained that the draft policies address circumstances when a legislator may make a request or may be invited by a state official to ride along on the state plane to an event or a meeting.  It is often confusing for the Aeronautics Division as to who to bill in these circumstances and the draft policy clarifies the procedures for both the LSO and the executive branch about how to proceed in these circumstances.    The draft policy requires LSO to prepare an estimate of costs to provide the chairman or vice chairman of Council prior to authorization for the travel and notes that the payment of the expense by the LSO must be explicitly authorized by the chairman or vice chairman.  He noted that this does not prohibit an executive branch agency from inviting a member and paying for the expense, but clarifies when the legislative branch would pay.  Senator Massie moved to accept the additions to the travel policies.  The motion carried.  Mr. Pauli explained that the LSO will forward the amended policies to the Aeronautics Division, so they are aware of the change in policy. 

 

Members' use of private computers during session

Mr. Pauli explained that the Select Committee on Legislative Technology requested that Management Council consider a policy to prohibit members from using their private computers to access the Legislature’s wireless network during the session.  He explained that the reason for the recommendation is that when legislators use their private computers, LSO cannot assure that the computers are virus-free. He also explained that the Technology Committee is looking at the possibility of installing a dual system that would allow both public and private access to a wireless network.  Legislators with personal computers could access the public side of the network, but not the encrypted side.  Senator Anderson moved to adopt the change to the laptop computer policy.  The motion carried.    

 

Protocol for changes to legislative sound system
Ms. Madsen explained that during the 2007 General Session the Legislature appropriated funding to upgrade and install new sound systems in the House and Senate Chambers.  She noted that the work was completed in the 2007 and 2008 interim.  She noted that during the installation of the new sound systems in the House and Senate Chambers, the sound system consultant discovered that audio feeds had been installed in additional areas of the Capitol beyond the Chambers, balconies, lobbies and selective legislative offices.  She explained that different parties had tapped into the audio systems in an ad hoc manner, sometimes without the knowledge or approval of the legislative branch. 

 

LSO recommends that in the future, non-legislative additions or alterations to the current audio system should require the approval of Management Council; that non-legislative users may be required to pay for costs for additions or changes to their equipment; that the legislative branch reserves the right to make changes to its audio systems without an obligation to upgrade audio equipment for existing non-legislative users; and that Summit Integrated will be the only contractor authorized to perform work on the system, unless otherwise approved by Council.  Senator Massie moved to send a letter to the non-legislative users of the sound system outlining the conditions of use of the system.  The motion carried. 

 

Room 302 Policy Change

Ms. Madsen explained a policy change to the use of Room 302, which would clarify that the new audio-visual capabilities within room 302 will not be available to non-legislative parties, because LSO does not have the staff to support this functionality for non-legislative users of the room.  Representative Lockhart moved to approve the policy change.  The motion carried. 

Public Relations/Media Issues:

 

Legislators Back to School evaluation results

Ms. Madsen explained that in 2006, the management Council approved Wyoming’s participation in a pilot study commissioned by the National Conference of State Legislatures (NCSL) that examined the impact of America’s Legislators Back to School program on participating students’ understanding of, and appreciation for, representative democracy.  She explained that legislators from Sheridan, Johnson, and Natrona County participated in the evaluation.  Evaluators tested middle school students in Louisiana and Wyoming and found that in both states, students who participated in the program scored significantly higher than control groups on concepts related to appreciation of our system of government. 

 

Media Training

Ms. Madsen noted that she has provided one-on-one training to new media members about legislative process, protocols, and resources during the last several years, but would like to expand the training to provide a more formal event for both new and existing members of the media.  She has approached Mr. Jim Angell of the Wyoming Press Association to see if his membership would be interested in such training as part of their winter meeting which will take place in Cheyenne in January.  She requested additional guidance from Council on how to proceed.  The Council discussed the importance of developing and expanding relationships with the media and directed the LSO to proceed at their discretion based on interest within the journalism community and time available to conduct such training. 

 

Session Broadcasting: TCT Request
Ms. Madsen explained that TCT contacted Representative Harvey noting that they would be interested in pursuing the possibility of providing live video coverage of legislative floor sessions in the future and Representative Harvey was seeking direction about how TCT should proceed with their request.  Ms. Madsen noted that the technology needed may be difficult to install until the building is remodeled and that there are a number of policy decisions that need to be considered before such a venture would be undertaken, not the least of which would include what entity or entities would provide the service.  She explained that in some states that provide video coverage the service is provided by the cable industry, similar to C-Span, while in other states the service is provided by the state’s public broadcasting channel, and other states provide the service in-house.  Senator Decaria moved that the Select Committee on Legislative Facilities and the Select Committee on Legislative Technology be charged with beginning to examine these issues for long-term planning purposes.  The motion carried. 

 

Capitol Complex Space Issues:

 

Planning process for Capitol complex

Mr. Rich Cathcart, of the Department of Administration and Information Construction Management Division, provided information requested by the Speaker and President in advance of the meeting, about space planning for state government in Laramie County for the next 25 years.  Mr. Cathcart provided information about plans for the capitol complex; the number of employees currently in leased space and the amount of space they occupy; costs of leased space in Laramie County; plans to house employees currently in leased space in state-owned buildings; square footage that the State is short to adequately house state employees; plans for renovation of existing buildings and construction of new buildings; and options to pay the costs of remodeling and construction in the future.  (See Appendices 4,5,6.)     

 

Mr. Cathcart explained the activities that Construction Management is currently undertaking to begin a “domino” effect to free up space, renovate space, and construct new buildings to address these issues.  He also provided rough timelines for when various activities may take place regarding renovation and construction of buildings within the capitol complex.   He noted that when the Supreme Court is finished, the first floor of the Hathaway Building will be available.  He also noted that the new labs project will be up for legislative approval this year and that would resolve space needs for the Department of Health, Department of Environmental Quality, and Division of Criminal Investigation laboratories.  He updated the Council on the status of the St. Mary’s site.  He outlined plans to bring employees who are currently occupying leased space into state-owned space.  Finally, he explained possible scenarios for renovation of the Capitol. 

 

Mr. Cathcart noted that at this point, someone needs to decide which entities will be the temporary and permanent occupants of the St. Mary’s property and the renovated Capitol, noting that not all current occupants of the Capitol would likely move back in after renovation given space constraints.  He provided a schematic of the Herschler Building and how it could be used during the renovation of the Capitol to house the legislative branch, as one option for temporary quarters (see Appendix 7.)  He stressed that the sooner decisions are made about occupancy of the Capitol, the easier it will be for Construction Management to plan for future needs.     

 

The Council discussed the timeline and mechanisms for making decisions for long-term occupancy of the Capitol and the St. Mary’s property with Mr. Cathcart.  Mr. Cathcart thought that the Legislature was best positioned to make these occupancy recommendations.  He recommended that Council develop a proposal.  Senator Massie moved that a subcommittee of the President, Speaker, majority floor leaders and minority floor leaders recommend a process to determine temporary and permanent space allocation in the Capitol after renovation.  He added that the process should lead to two key decisions:  to determine the space needs of the Legislature while the Capitol is being renovated and to determine what the permanent space allocation should be in the Capitol.  The motion carried.  The Speaker and President will work together to identify whether the subcommittee will meet in person or by conference call and will contact subcommittee members when they have determined how to proceed.  The Council requested that Mr. Cathcart be available to the Subcommittee to answer any questions the members may have as they develop recommendations for a process to move forward on this issue.   

 

Miscellaneous:

New Legislators’ School planning

Ms. Madsen updated the Council on the planning for training and orientation activities for new members.  She explained that the first orientation is scheduled for December 11 through 13, and the second session would begin on January 8 through the 10.  Training for all members is also planned for Monday, January 12. She requested that the Council assign legislative faculty to assist with the orientation, which traditionally has consisted of the presiding officers, majority floor leaders and minority floor leaders or their designees from each house.  The individuals selected to serve as designees have traditionally been the presumptive incoming officers for the upcoming biennium.  The Council approved the recommended faculty.  Ms. Madsen also explained the funding available to reimburse members for training.  Representative Lockhart moved to pay salary and per diem for faculty and for legislators-elect for new legislator training and per diem only for all-member training.  The motion carried.  Finally, Ms. Madsen explained that there is room in the January schedule to provide some training on policy issues, in addition to process, which is the focus of the majority of the training.  Typically, the faculty have chosen subject-matter areas to include in the training based on major issues coming up during the session or “big ticket” budget items.  Ms. Madsen explained that LSO could also work with the executive branch to set up an “agency fair” for new legislators to learn about the major state agencies.  The Council discussed this option but raised some concerns about how to structure such an offering and recommended that faculty choose subject-matter topics for the January session. 

 

Archaic Laws project: Update

Mr. Gruver provided an update on the work to develop an archaic laws bill.  He reminded the members that Council had appointed a subcommittee to work with the Legal Division to develop an archaic laws bill.  He provided the Council with options about how to proceed with this work and structure legislation, noting that he is currently in Title 4 and the methodology for his analysis.  He noted that to do the level or work required, a multi-year process will be necessary.  He explained that the Council could expand the revisor’s bill or could offer a separate bill with the issues identified to date.  Representative Simpson moved to spread the work out over several years and to offer a bill each year, separate from the revisor’s bill, to be sponsored by Management Council.  Mr. Gruver clarified that the bill this year would include Titles 1 through 4 for a vote of the Subcommittee and then consideration by the full Council at the next meeting.  The motion carried.    

 

Hathaway Fund: Estimating revenues & expenditures

Mr. Gruver explained that during the interim, the University of Wyoming, Department of Education, the community colleges and the Treasurer’s Office met to discuss forming a CREG-like group to estimate Hathaway fund revenues and expenditures to provide one set of numbers when asked about the status of the fund.  LSO was invited to participate and Mr. Gruver attended the first meeting, but explained that he did not think continued participation by LSO was in order, because LSO does not have specific expertise to offer and did not want to appear to be putting LSO’s “stamp of approval” on the product.  He asked for Management Council’s direction on LSO participation.  The Council also discussed the current status of the Hathaway endowment and Senator Massie noted that the Joint Education Committee will be reviewing these figures at their upcoming meeting.  Chairman Cohee recommended that LSO participate at the level that it believes is appropriate and can be as limited as it needs to be.   

 

Tentative Calendar for 2009 Session

Mr. Pauli presented two alternative session calendars for Council’s consideration.  The first schedule would follow a tentative 37-day schedule, reserving three extra days for the following budget session and the second alternative provides a 40-day schedule.  Representative Lockhart moved to adopt the 37-day calendar.  The motion carried.  Mr. Pauli noted that the calendar is tentative and that leadership can make changes, if needed. 

 

New Members Attending Committee Meetings

Mr. Pauli explained that current policy allows new chairmen to attend meetings of their new committees and receive salary, per diem, and mileage.  He noted that there is no mention in the current rules about reimbursement for returning members on new committees or new members attending committee meetings to which they have been assigned.  He explained that in 2006, Council did allow per diem and mileage for these two categories and requested direction from Council about how to proceed.  He also explained that in the 2008 appropriation for the Legislature, funds were included that would allow Council to authorize legislators-elect mileage, per diem and salary for training sessions or for attending a committee meeting.  He noted that no provisions were provided to pay returning members salary for attending new committees to which they have been assigned.  Representative Lubnau moved to provide that new chairmen receive salary, per diem and mileage, and newly elected members and returning members with new committee assignments would receive mileage and per diem only.  The motion carried. 

 

Governors' Portrait Project

Ms. Madsen explained that at its October meeting, the Select Committee on Legislative Facilities requested that staff draft a letter to the State Building Commission for Management Council’s consideration requesting that the collection of former governors’ portraits be displayed on the first floor of the Capitol.  The Committee requested to send the letter from the Committee, if the Council declined to send the letter.  Senator Ross explained that currently many of the existing portraits are displayed in many locations or may not even be on display.  He noted that the new portraits were unveiled in a ceremony in the Capitol and that the portraits represent a significant portion of our state's history and it would be a travesty if they are not displayed.  He noted that the legislative composites fill up much of the second and third floor and that there is adequate space on the first floor to display those portraits.  Senator Massie moved to send a letter from Management Council recommending display of the portraits on the first floor.  Senator Schiffer noted that decisions about the first floor are best left to the occupants on the first floor.  The motion failed.  Senator Ross moved for Management Council to authorize the Select Committee to send the letter.  The motion carried. 

 

Miscellaneous Staffing Issues

Mr. Pauli explained that he will update the Council at its December meeting on LSO’s progress in filling vacancies and where staff fit in as part of the NCSL compensation study. 

 

School Finance Litigation: Update

Other Business

Mr. Mike O’Donnell, of the Attorney General’s Office provided an update for the Council on his appearance before the Supreme Court on the rebated recapture case.  He noted that the Court has taken the case under advisement.  He noted that Legislature will have a number of issues to deal with based on the ruling of the Court. He explained that two of the five districts escrowed the funds, but the others have largely spent the monies.  The Council discussed the case and options to proceed and asked Mr. O’Donnell to keep them updated on the issue.    

 

Other Business

Senator Ross explained that the Judiciary Committee has been requested to look at child support issues and some federal mandates that may require legislation during the upcoming session, but these are not approved interim topics.  Representative Lubnau moved to authorize the Judiciary Committee to examine these topics.  The motion carried. 

 

Mr. Bill Schilling, of the Wyoming Business Alliance, addressed the Council regarding an oil and gas study released by the Heritage Foundation (see Appendix 8).  He noted that the tourism sector does an input/output study annually and a study of agriculture and game and fish impacts were done several years ago.  He noted that it would be useful for the state to have a picture of the impact of all sectors of the state’s economy and encouraged the Council to consider legislation for a full-sector impact study once every 10 years of the eight major employer sectors in the state to provide a picture of the state’s economy.  Chairman Cohee thanked him for his time and for presenting the information to the Council. 

 

Meeting Adjournment

Chairman Cohee stated that the Council will meet again in December, possibly in conjunction with the new legislator orientation.  There being no further business, Chairman Cohee adjourned the meeting at 4:35pm. 

 

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		Rules approved by ballot		Legislative Service Office
4		Capitol Complex Planning		Current projects in design or construction		A&I Construction Management
5		Capitol Complex Planning		Agency rentals		A&I Construction Management
6		Capitol Complex Planning		New state office building information		A&I Construction Management
7		Capitol Complex Planning		Herschler Building schematic		A&I Construction Management
8		Other Business		Oil and Gas Economic Contribution Study		Wyoming Heritage Foundation